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History of the Commonwealth of England from the death of Charles I. to the expulsion of the Long Parliament by Cromwell; being omitted chapters of the history of England

Andrew Bisset · 1867 · Scanned text

138,656 words · about 9 h 43 min to read

Period artwork: Interior of the Bodleian Library, 1845
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About this book

Author
Andrew Bisset
Language
English
Published
1867
Length
138,656 words · about 9 h 43 min
Sections
14 reader sections
Text
Scanned text, read from page scans by OCR; may contain errors
Rights
Public Domain Mark 1.0

 

Contents (14)
  1. Front matter under 1 min
  2. Preface about 1 min
  3. Chapter I. Pace about 2 min
  4. Chapter II about 1 min
  5. Chapter III about 1 min
  6. Chapter IV. The Trial Of Lieut about 1 min
  7. Chapter V about 1 min
  8. Chapter VI about 1 min
  9. Chapter I about 1 h 39 min
  10. Chapter II about 1 h 20 min
  11. Chapter III about 1 h 37 min
  12. Chapter IV. The Trial Of Lieut about 1 h 30 min
  13. Chapter V about 1 h 26 min
  14. Chapter VI about 2 h 2 min

Continue:

Front matter

HISTORY OF ENGLAND FliOJI THE DEATH OF CHARLES I. TO THE BATTLE OF DUNBAR. HISTORY OF THE COMMONWEALTH OF ENGLAND FROM THE DEATH OF CHARLES I. TO THE EXPULSION OF THE LONG PARLIAMENT BY CROMWELL: BEING OMITTED CHAPTERS OF THE HISTORY OF ENGLAND. BY ANDBEW BISSET. In Two Volumes — Vol. I. LONDON : JOHN MURRAY, ALBEMARLE STREET. 1867 I The rigid of translation in reserved.] OMITTED CHAPTERS OF THE HISTORY OF ENGLAND FROM THE DEATH OF CHARLES 1. TO THE BATTLE OF DUNBAR. By ANDREW BISSET. LONDON: JOHN MURRAY, ALBEMARLE STREET. 1864. [The right of translation is reserved.]

Preface

. In the course of a somewhat minute investigation, con tinued for a good many years, of the records of English history during the 1 7th century, I found when I reached the period immediately succeeding the death of Charles I., that, while the printed sources of information were scanty, there existed in the State Paper Office a vast number of MSS. relating to the period of English history called, in the State Paper Office classification, "The Interregnum." Among others are the MS. volumes which contain the original minutes of all the proceedings of the Council of State as long as the government called the Commonwealth lasted. On a careful perusal of some of the volumes, and a more cursory examination of others, I resolved to attempt to write, by their aid, a history of England during the period extending from the death of Charles I. to the restoration of Charles II.

Of this history I now offer to the public the first volume, bringing the narrative down to the battle of Dunbar towards the end of the 2nd year of the Interregnum, or of the Commonwealth, according to the prevalent, and, in my opinion, inaccurate designa tion of the government of England after the death of Charles I. b CONTENTS.

Chapter I. Pace

Political condition of England on the death of King Charles ... 1 State of the peerage at the time of the opening of the Long Parliament . 2 Effect of the government of the Stuarts in degrading the English nobility 3 Composition of the House of Commons at the beginning of the Long Parliament ........... 4, 5 The English lawyers did not, like the French, constitute a nobility of the gown inferior to the nobility of the sword 6, 7 The union in early times of the civil with the military character among the Normans exemplified in the office of Senescallus Angliæ . . 8-12 Effect of the modern military despotisms in destroying that union and also in changing " suzerain " into •' sovereign " . . . . 7, 8 The English nobility, at the beginning of the 17th century, though new and humble in their origin, displayed the insolence of a conquering caste 13 Great change in their demeanour between 1604 and 1649 . . . 14 The Commons vote the abolition of the House of Peers and of the office of king ........... 15 Causes of their dislike of nobility and kingship ..... 16-18 Reasons in favour of a limited monarchy . . . . . . 19 Errors committed by the Long Parliament ...... 20-22 HHumber of members composing the Parliament in 1649-1653 . . 23 Council of State 24 Great Seal 25 The Parliament call the government a Commonwealth .... 25 Their reasons for not dissolving the Parliament 26 The writing drawn up by the officers of the army intituled ' ' An Agreement of the People of England " ...... 27-30 Treatment of, by the Parliament ....... 31, 32 Form of Government 33 Not a Commonwealth in the sense of republic ..... 34, 35 b CONTENTS.

VIII PAGE Council of State 36~43 Cromwell appointed commander in chief in Ireland .... 44 Difference between " Horse" and "Dragoons" ..... 44-46 Milton appointed Secretary for Foreign Tongues to the Council of State . 47 Affairs of the navy 49-52 Pressing of seamen .......... 53-59 Land forces ........... 60 Pressure of taxation — Taxes levied by parties of horse .... 61 Errors in political economy of the Council of State .... 62 New regiments raised for the service of Ireland . . . . .63, 64 Free quarter and billeting — conduct of the Council of State ... 64 Conduct of the government of Charles I. and of subsequent governments 64-66 Proportion of musketeers to pikemen . . . . . . . 66, 67 of flintlocks to matchlocks ....... 68

Chapter II

Tyranny of the Parliament and Council of State .... 69, 70 Lt. -Col. John Lilburne committed to the Tower upon suspicion of high treason, for being the author of a book intituled ' ' England's New Chains Discovered " ....... 71, 72 State of the parliamentary army ....... 73-76 Antinomians and Fifth Monarchy men ...... 77-80 Fanaticism of Cromwell and Vane 81, 82 Influence of pamphlets on the soldiers of the parliamentary army . 83, 84 Petition in behalf of Lilburne, &c. , gave offence to the House . . S5-88 The Levellers, origin of the term ....... 89 The Levellers' war crushed . . ...... 90-94 Component parts of the parliamentary army . . . . . 95 96 Assassination of Dorislaus ........ 97 Relations with Spain ......... 99 Holland 101; 102 Pressing of Dutch ships for the transport of troops to Ireland . . 103 The government not strictly parliamentary government . . . 105 106 The expedition to Ireland hastened ..... 107 The soldiers' arrears of pay . . . , , _ 108109 Arms and ammunition ...... ,,.

Cromwell sets out for Ireland ..... ,,i Cromwell's pay as General in Ireland . . . ,,■ Reduction of garrisons and demolition of castles ... 115 Business of the Council of State, their secretaries and clerks . . 116 CONTENTS. IX PAGE The history of this Council of State furnishes a new and most important fact towards the formation of political science . . . 118-122 Numbers of members of the Council of State who attended the meetings .......... 123

Chapter III

Irish affairs 124 The army of Ormond defeated by Michael Jones .... 125 The Irish massacre of 1641 126-132 Storm of Drogheda 135-138 Storm of Wexford 139 Death of Lieut. -Gen. Michael Jones ...... 140 Preparations for John Lilburne's trial ...... 141, 142 New law of treason 143, 144 Clarendon's inaccurate account of Lilburne 144, 145 Petition of Col. Robert Lilburne and of Elizabeth, the wife of John Lilburne 146,147 Petition for a new parliament ........ 148-153 John Lilburne's letter to the Speaker ...... 154, 155 Lilburne's predictions respecting Cromwell's designs .... 156-158 " Self in the highest " 159-162 Difference between the tyranny of the Council of State and that of the Star Chamber . 163 Business of the Council of State in regard to robbers, thieves, and pirates ........... 164 168 The late king's plate converted into coin, &c 169 The government their own news writer ...... 170 Lodgings in Whitehall for members of the Council of State . . 171 Amount of the excise for the three years last passed . . . . 173 Estimate of the charge of the fleet for 1650 ..... 175 Grant of lands by the Parliament to Cromwell ..... 176 Style with foreign powers "The Parliament of the Commonwealth of England" 177 Election of Council of State for 1650 178, 179 Puritan Legislation, consequences of ...... 180-182 Twofold character of the Puritan rebellion ..... 183, 184 Reinforcements for Ireland ........ 185-188 Ireton appointed Cromwell's successor in Ireland with the title of Lord Deputy . : X CONTENTS.

Chapter IV. The Trial Of Lieut

-COL. JOHN LILDL'BNE. rAGE Lilburne, in his opening speech, says that he was one of those who first drew their swords against the king's party, and relates how he was taken prisoner at Brentford ...... 191, 192 ■ exposes the inconsistency of Bradshaw .... 193, 194 charges Haselrig with taking his estate without law . . 195 objects to the commission, and asks to be allowed counsel, a copy of the indictment, and reasonable time to consult with his counsel 196-202 Lilburne's argument in regard to being allowed counsel, &c. . . 203-208 plea to the indictment ....... 209 Question of the " Agreement of the People " ..... 211,212 Passages from Lilburne's writings ....... 213-220 Lilburne's exception to Col. Purefoy as a witness .... 221, 222 Lilburne contends that there were not two witnesses to any one fact against him .......... 223 The Court refuses the prisoner time ...... 224, 225 Lilburne contends that the jury are not only judges of fact but of law also 227-230 Subsequent settlement of that question ...... 231-233 Lilburne's defence 234, 235 The attorney -general's misstatements of law and fact . . . 236-243 The presiding Judge Keble's misstatement of the law . . . 244-246 Acquittal of Lilburne received by the people with extraordinary acclamations ........... 247-251

Chapter V

State of affairs in Scotland ...... 252 253 The Scottish oligarchy's sale of their king to the English Parliament . 254-256 The Scottish Parliament . ..... 258 The power of the nobility in Scotland was the cause of the poverty and democratical form of the Scottish Presbyterian church . . 259-262 Difference between the English and Scottish feudal aristocracies . . 263, 264 The nobility seized the whole of the Church property in Scotland . 265 Three classes of the Scottish Presbyterians, the nobility, the clergy, and the people ' 266) 26J. The Scottish Presbyterian clergy 26S-°71 Distinction between the Presbyterians and Independents as regarded military efficiency CONTENTS. XI PAGB Honest fanatics are not necessarily honest men .... 274, 275 Characteristics of the democratical and of the oligarchical Scottish Presbyterians 276, 277 The Marquis of Montrose 278-280 State of parties in Scotland 281, 282 Prince Charles is proclaimed at Edinburgh King of Scotland . . 2S3 The Scots commissioners are sent home by land .... 285-288 Montrose's last expedition 290, 291 His defeat and capture 292 His cruelties at Aberdeen in 1644 293, 294 His character 295-299 His sentence and execution ........ 300-306 His lenity in 1639 307 Cause of his desertion of the Covenanters, the rivalry of Argyle . 308 Arrival of Charles in Scotland, June, 1650 ..... 310 Assassination of Ascham, the English Parliament's agent in Spain . 311, 312

Chapter VI

The English Parliament prepares for war with Scotland . . . 313 Fairfax resigns his command and Cromwell Is appointed commander-in-chief 314-318 The Scottish levies — how raised and how composed .... 319-323 Language of the Presbyterians and Independents to each other . . 324, 325 Cromwell and Monk 326, 327 Cromwell's army passes through Berwick and marches across the border 328 Cromwell's proclamation to his soldiers against plundering, and his severity towards those who disobeyed ..... 329, 330 The Pass called Cockburn's Path — mistakes respecting it, and the road by which Cromwell's army marched ..... 331-337 Scottish villages 339-341 The command of the Scottish army was held by David Leslie, but he was controlled by the Committee of Estates .... 342 Leslie's prudent generalship ........ 343, 344 Cromwell's attempts in vain to bring on a battle on advantageous ground ........... 345, 346 Retreat of the English army to Dunbar ...... 347-349 Its weak condition ......... 350 Cromwell's character as a general ....... 351, CONTENTS.

PAGE Down Hill, near Dunbar ........ 353 Broxburn ........... 354 Relative situation of Broxburn and Down Hill .... 355, 356 Battle of Dunbar 356-377 Treatment of the prisoners ........ 378-384 Surrender of Edinburgh Castle ....... 385 State of parties in Scotland ........ 387 Explanation of the great disproportion between the loss of the conquered and that of the conquerors at Dunbar and at Bannockburn 389-392 HISTORY OF ENGLAND.

Chapter I

The political condition of England upon the death of King Charles presented a phenomenon at once anomalous and complicated. It consequently presented to those who were to carry on the English government a practical pro blem proportionally difficult of solution. In order to furnish even an approximation to an accurate view of the elements that entered into that problem, it will be necessary to place before us the principal elements of the English Government in the early part of the 17th century. The power of the ancient English kings had been limited, not merely by the parchment provisions of the Great Charter, but by the swords of the Anglo-Norman barons and their vassals. But, between the commencement of the wars of the Roses, and the commencement of the Great Rebellion, a vital change had taken place.

At the former time there were, as Raleigh has observed, " many earls who could bring into the field a thousand barbed horses ; many a baron five or six hundred barbed horses ; whereas now (at the beginning of the 1 7th century) very few of them can furnish twenty fit to serve the king. The force, therefore, by which our kings in former times were troubled, is vanished away." l In the list of the Peers summoned to the Long Parliament, 1 Birch's edition of Raleigh's Works, vol. i. p. 206. B [Chap. I. HISTORY OF ENGLAND. may be observed, indeed, a few names of families which had levied war against the Plantagenets. But the names are but shadows — nominum umbrce. Besides these, there were titles in that list that sounded like those which had once formed the Norman war-cry ; but they were only mock titles ; bought by money, or earned by baseness and indelible infamy, from those who had debased both nobility and knighthood in England.

A glance at the state of the peerage at the time of the meeting of the Long Parliament is nearly as suggestive of the effect of the government of the Stuarts upon the ancient institutions of England, as the cruellest acts of oppression they had exercised upon the humblest and poorest of their subjects. The list of the peers consists of 1 duke, 1 marquis, 6 3 earls, 5 viscounts, and 5 4 barons ; in all 124. Now, the list of peers summoned to the first Parliament of James, consists of 1 marquis, 1 9 earls, 1 viscount, and 21 barons ; in all 42. And the list of all the peers summoned to the first Parliament of Charles the First, consists of ] duke, 1 marquis, 37 earls, 11 viscounts, and 47 barons ; in all 97. And the fist of all the peers at the opening of the fifth Parliament of Charles, the Loner Parliament, consisting of 124 ; while the number of peers created or advanced in peerage, between the opening of the Long Parliament in 1640, and the battle of Naseby in 1645, amounted to 43 ; it appears that James more than doubled the number of peers during his reign of some twenty years ; and that Charles in the space of twenty years, again nearly doubled them.1 Of the peers made by James, it may be said with truth, in the words of Mrs. Hutchinson, " the nobility of the land was utterly debased ' State of the Peerage, in Parl.

Hist., Leeds Journals, Dugdale's Baronage vol. n. pp. 591-597, extracted from the and other authorities. 1640.] 3 STATE OF THE PEERAGE. by setting honours to public sale, and conferring them on persons that had neither blood nor merit fit to wear, nor estates to bear up their titles, but were fain to invent projects to pillage the people, and pick their purses for the maintenance of vice and lewdness." ' Even the peerage of Francis Bacon was conferred, not for his merits, but for his demerits, for acts of servile baseness to that hideous court that have left behind them a stain as immortal as his name. " My seat," said Queen Elizabeth on her deathbed, " is the seat of kings, and I would have none but a king fill it after me." If the spirit of the great queen could have beheld what these Stuarts had been doing in that royal seat of hers for the last forty years, the spectacle would have provoked no ordinary amount of indignation, as well as astonishment — the spectacle of that ancient monarchy, which, for 600 years, had been, on the whole, supported with so much wisdom and valour, fallen into such a depth of decrepitude and dishonour.

In all history there could hardly be found a contrast more striking than that between Queen Elizabeth and her immediate successors. Of the English peerage at the opening of the Long Par liament in 1640, since two-thirds could not date their nobility farther back than the accession of James, that is, thirty-seven years ; and, of the remaining third, hardly one half could date their nobility as far back as the time of the Plantagenets, the English nobility must certainly be con- 1 Memoirs of Col. Hutchinson, p. 78, Bohn's edition, London, 1854. This statement is borne out fully by other contemporary evidence. Thus, in a letter dated March 21, 1628, in the Sloan MSS., and cited in Mr. Forster's Life of Sir John Eliot, p. 57, note, the writer says: — "The House of Com mons was, both yesterday and to-day, as full as one could sit by another ; and they say it is the most noble and mag nanimous assembly that ever these walls contained.

And I heard a lord intimate they were able to buy the Upper House (his Majesty only ex cepted) thrice over, notwithstanding there be of lords temporal to the num ber of 118. And what lord in England would be followed by so many free holders as some of these are ? " B HISTORY OF ENGLAND. [Chap. I. sidered to have been at that time a new nobility. But there was a class in England, known by the name of "gentry," and composing a considerable portion of the House of Commons, which, from the great length of time that many of their members had held their lands, by free and military tenure, must be considered not new, but ancient in lineage, as well as in rank and position. This class, besides many who had never belonged to the great barons or peerage, but had held their lands, if not so long as the heralds assert, still, a very long time, comprehended also many of the younger branches of the great Norman families, the elder branches of which had become extinct.

And yet, it is not unimportant to remark that while many members of this class might represent counties in the House of Commons, and were, in that character, denominated knights of the shire, others might represent boroughs, and were, in that capacity, denominated burgesses ; though strictly, the burgess for any town was understood to be one of the burgesses or burghers of that town, sent by them as their representative in the House of Commons. And not unfrequently they really were so, being men who were, or had been engaged in trade in that town. Such men might still be connected with, or descended from, the class of gentry as Oliver Cromwell, the burgess for Huntingdon, was. There were, also, undoubtedly many men of humble birth, and who had been of humble occupation, among the eminent officers of the Parliament.

Denzil, Lord Holies, describes them as being "all of them from the general (Sir Thomas Fairfax), except what he may have in expectation after his father's death, to the meanest sen tinel, not able to make a thousand pound a-year lands, most of the colonels and officers mean tradesmen, brewers tailors, goldsmiths, shoemakers and the like ; a notable 1640.] ENGLISH GENTRY. 5 dunghill, if one would rake into it to find out their several pedigrees." ' I have not the least wish to prove that these men were not what Denzil Holies and other Presbyterian and royalist writers have represented them as being ; but I wish to ascertain the truth, if possible, whatever it may be ; and it is well known to any one who has studied this period of English history, that to find out the truth in these matters is extremely difficult, if not altogether impos sible, since writers that have been cited by some modern historians as good or sufficient authorities, such as Walker, Bates, Noble, and the author or authors of " The Mystery of the Good Old Cause," are all violent royalist or Pres byterian partizans.

And I believe that the pedigrees of many of the Ironsides, even the humblest born of them, would bear " raking into " quite as well as those of the Stuart peers. The pedigree of Oliver Cromwell, whom Lord Holies classes among " mean tradesmen," because he was a brewer, was at least better, though Oliver cared little for such things, than that of Lord Holies, whose father's nobility went no farther back than James's reign of infamy. It is, however, beyond a doubt, that in the earlier stages of the struggle between the King and the Parlia ment, it was to members of the class of gentry, such as Hampden and Fairfax,2 that the nation looked with con fidence, as the men best fitted to lead her councils and command her armies. Such men, with the ancient lineage, 1 Holles's Memoirs, p. 149. Lon don, 1699.

Yorkshire ; as Lucius Carey, Viscount Falkland, also a Scotch peer, sat for the borough of Newport — sat, therefore, in Parliament as a burgess, and in that character was strictly included in the designation ' 'Goodman Burgess, " which the doorkeeper of the House of Lords, to be mentioned presently, probably, however, meant to apply to the whole House of Commous. - The fact of Sir Thomas Fairfax's father having, in 1627, been created a Scotch peer can hardly be considered as taking the Fairfaxes out of the class of gentry to which they had belonged for so many ages. Indeed, Ferdinando, Lord Fairfax, the father of Sir Thomas Fairfax, sat in the Long Parliament for [Chap. I. HISTORY OF ENGLAND. inherited also a large portion of the territorial wealth, the military character, and the high spirit of that old Norman aristocracy, which had so often resisted the encroachments of their kings, and had once filled Europe and Asia with their victories and their renown.

In looking over the list of the House of Commons, at the opening of the Long Par liament, we are struck with many indications, from the names of the members in connection with the counties or places they represent, of the ancient establishment of this class in England, and even of its continuance down to our own times — for some of the places are represented in 1860 by men bearing the same names as those who sat for them in ] 640. There are the ancient names of Hampden, of Godolphin, of Trevanion, of Percy, of Montague, of Basset, of Glanville, of Grenville, associated with places which had known them for twenty generations. To the class of gentry also belonged the lawyers, at least the members of the Inns of Court ; who, in En°* land, did not, as in France, constitute a nobility of the gown, distinct from, and inferior to, the nobility of the sword, but were, upon all fitting occasions, able and ready to prove themselves men of the sword as well as men of the gown ; and furnished, indeed, almost all the best officers of the Parliamentary armies.

Ireton, Lambert, Ludlow, Michael Jones,1 were members of the Inns of Court ; and though Oliver Cromwell's name is certainly not to be found now in the books of Lincoln's Inn, it appears to be beyond a doubt that he was sent up to London for the purpose of being entered as a member ; and that whether or not his name was ever actually entered on the books of that society, he occupied chambers 1 Whitelock's speech in favour of liament, in Parl. Hist., vol. iii. p. 1341. lawyers being elected members of Par- 1640.] ENGLISH LAWYERS. in Lincoln's Inn for some time.1 The insolence of the modern military despotisms, which have, throughout Europe, risen up on the ruins of the feudal system, changing their old title, " suzerain," into " sovereign," and to establish a despotism similar to which in England was the aim of the Stuarts,2 has attempted to affix a word of contempt on all men who are not soldiers by profession, that is, soldati, and with that object they have used the word robin, and more recently pequin.

Among nations who have not been trampled under the heel of a despot, the greatest men are those who graft the character of a man of the sword upon that of a man of the gown. Such men were the greatest Roman generals, including Julius Cæsar him self; and such men were Cromwell and his best officers. Among the earlier Norman lawyers and judges we find the 1 It is possible that even contemporary writers may have been mistaken ; but it appears impossible that the official inscription over the bed of state after his death should have described him as " educated in Cambridge, after wards of Lincoln's Inn," if he had not actually lived in Lincoln's Inn, although he had not entered his name on the books : since there were many persons living at the time, to whom the fact was distinctly known, and who would have had the inscription corrected if it was inaccurate in that particular.

The steward of Lincoln's Inn, in showing me the entry of Richard Cromwell on the books of the Inn, observed that if at that time it was customary, as it is now, to describe a member as the son of a member, provided the father had been a member, the absence of such de scription in the case of Richard Crom well, who is only described as "filius et heres apparens, Oliv. Cromwell de Ely de insula Ely in com. Cantab. Ar.," would prove that Oliver Cromwell had not been a member of the society. But we found that this proved nothing, as the same omission occurs in the case of the entry of the son of Thurloe, Crom well's secretary, who was undoubtedly a member of Lincoln's Inn. 2 Every one who knows anything of the constitutional laws of England knows that the word "sovereign " can not be constitutionally or correctly applied to the king or queen of England.

In the debates in Parliament on the Petition of Right, Lord Chief Justice Coke used these memorable words : — " Magna Chartas is such a fellow that he will have no sovereign." (Rush worth, vol. i. p. 568. Parl. Hist. vol. ii. p. 357.) Those persons who mislead constitutional princes by teaching them to use words that are at once inaccurate and dangerous are their enemies. The "sovereign" of England consists at present of the queen, lords, and com mons. Each of these separately forms only a limb of the sovereignty. names of the most warlike and powerful feudal families. And the union in early times of the civil with the military character in the highest judicial functionary is particularly observable among the Normans and Anglo-Normans. It is to be borne in mind that the Chief Justiciary was an officer whose functions by no means corresponded with those of the modern Chief Justice.

In order to com prehend the functions of the Chief Justiciary, it is necessary to know those ' of the grand seneschall, or Senescallus Angliæ ; in modern language the Lord High Steward. This officer was the highest in the State, after the King ; executing all the chief offices of the kingdom, as the king's representative ; and being thus chief ad ministrator of justice, and leader of the armies in war. This is proved to have been the case in France, by Ducange and other high authorities, as well as by the public records of the kingdom ; ' and in England by the Dicdogus de Seaccario, written in the time of Henry IL, and published by Madox, from the black and red books of the Exchequer,2 and likewise by certain MSS. preserved in Sir Bobert Cotton's collection in the 1 Ducange, Gloss, ad voc.

Dapifer et Senescallus. See also the Grand Coustumier de Normandie, c. X. " So lebat autem antiquitus quidam justi ciarius prædictis superior per Nor maniam discurrere qui senescallus prin cipis vocabatur." whereas in the very same passage (of Orderius Vitalis) he is called Norman nice Dapifer, in virtue of which office he would be magister militum as well as capitalis justiciarus. The con stable was not originally magister mi litum, but was an officer subordinate to the senescallus, or dapifer. The feudal system was the same in its ap plication to a manor and to a kingdom. The steward of every manor held the lord of the manor's court, and, in his absence, led his vassals to battle, as Scott has accurately described it, in "Marmion :" — ■ " There fight thine own retainers too, Beneath De Burg, thy steward true." = Madox, Hist.

Exchequer. See Co. Litt. 61a, for some account of the judi cial part of the office of seneschal or steward, and some attempt at the ety mology of the word, not much more successful than such attempts usually are. Madox is in error when he says (Hist. Excheq. p. 28) that, in the reign of William I., William Fitz Osbern was the King's constable, be cause he is called magister militum ; 1640.] ENGLISH LAWYERS. British Museum, particularly an old MS. intituled " Quis sit Senescallus Angliæ, et quid ejus efficium."1 All these concur in the extensive and paramount nature of the authority originally wielded by the Lord High Steward, but none of them explain the anomaly of the co-existence of such an officer as the High or Chief Justiciary. I will shortly state here the substance of an explanation of this, which I had occasion to give elsewhere.

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