Sir John Fortescue

d. c. 1476

THE ROYAL POWER IN FRANCE AND
ENGLAND

(From The Difference Between an Absolute and a

Limited Monarchy, 1450?)

if it be a poor coat under their outermost garment, made of great1 canvas, and call it a frock. Their hose be of like canvas, and pass not their knee; wherefore they be gartered and 5 their thighs bare. Their wives and children go barefoot; they may in no otherwise live. For some of them, that was wont to pay to his lord for his tenement, which he hireth by the year, a scute, payeth now to the King, over that

There be two kinds of Kingdoms, of the 10 scute, five scutes. Through which they be

1

forced by necessity, so to watch, labor, and grub in the ground, for their sustenance, that their nature is much wasted, and the kind of them brought to naught. They are gone crooked, and are feeble, not able to fight, nor to defend the realm; nor have they weapons, nor money to buy them weapons withal; but verily they live in the most extreme poverty and misery, and yet they dwell in one of the

which that one is a Lordship, called in Latin, Dominium Regale, and that other is called, Dominium Politicum et Regale. And they differ, in that the first may rule his people by such laws as he maketh himself; and therefore 15 he may set upon them Talys, and other impositions, such as he will himself, without their assent. The second may not rule his people, by other laws than such as they assent unto; and therefore he may set upon them no 20 most fertile realms of the world; wherefore the Impositions without their own assent.

[After treating of the origin and nature of royal power, and considering why one King rules as an absolute and another as a limited monarch, 25 the author passes on to consider the effects of absolute monarchy ("The fruits of Jus Regale") in France.]

French King hath not men of his own realm to defend it, except his nobles, which bear no such Impositions; and therefore they are right likely of their bodies, by which cause the said King is compelled to make his armies, and retenue for the defence of the land, of strangers, as Scots, Spaniards, Arragonars, men of Almaigne, and of other nations, or else his enemies might over-run him. For he hath no defense of his own, except his castles and fortresses. Lo, this is the fruit of his Jus Regale. If the realm of England, which is an isle, and therefore may not lightly get succours from other lands, were ruled under such a law,

And howso be it, that the French King reigneth upon his people Dominio Regali: yet St. Lewis 230 sometime King there, nor any of his progenitors set never Talys or other Impositions, upon the people of that land, without the assent of the three Estates, which when they be assembled are like to the Court of Parlement in England. 35 and under such a Prince, it would be then a

prey to all other nations that would conquer, rob, and devour it; which was well proved in the time of the Britons, when the Scots and the Picts so beat and oppressed this land, that the

whom they had been tributary.

And this order kept many of his successors until late days, that Englishmen made such a war in France, that the three Estates durst not come together. And then for that cause and for great necessity which the French king had of 40 people thereof sought help of the Romans, to goods, for the defence of that land, he took upon him to set Talys and other Impositions upon the Commons, without the assent of the three Estates; but yet he would not set any such charges, nor hath set, upon the nobles, 45 for fear of rebellion. And because the Commons, though they have grudged, have not rebelled or be hardy to rebel, the French Kings have yearly since set such charges upon them, and so augmented the same charges, as the 50 same Commons be so impoverished and destroyed, that they may scarcely live. They drink water, they eat apples, with bread right brown made of rye. They eat no flesh, but if3 it be seldom, a little lard, or of the entrails, or 55 heads of beasts slain for the nobles and merchants of the land. They wear no woolen, but

But blessed be God, this land is ruled under a better law, and therefore the people thereof be not in such penury, nor thereby hurt in their persons, but they be wealthy and have all things necessary to the sustenance of nature. Wherefore they be mighty, and able to resist the adversaries of the realm, and to beat other realms, that do or will do them wrong. Lo, this is the fruit of the Jus Politicum et Regale under which we live. Somewhat now I have showed you of the fruits of both laws, Ut ex fructibus eorum cognoscatis eos."

4 Coarse, thick.

An old French coin said to have been worth three shillings and sixpence or about eighty cents. See scute,

and scudi in Cent. Dict.

i. e. The class or order of the common people. 7 That by their fruits ye may know them.

Sir Thomas Malory

c. 1430-c. 1470

THE DRAWING OF THE SWORD

(From the Morte d'Arthur, c. 1470)

to behold the stone and the sword. And when they saw the scripture, some assayed, such as would have been king. But none might stir the sword nor move it. He is not here, said the 5 Archbishop, that shall achieve the sword, but doubt not God will make him known. But this is my counsel, said the Archbishop, that we let purvey2 ten knights, men of good fame, and they to keep this sword. So it was ordained,

So on the morn all the barons with Merlin came before the king; then Merlin said aloud unto king Uther, Sire, shall your son Arthur 10 and then there was made a cry, that every man

should assay that would, for to win the sword. And upon New Year's Day the barons let make a joust and a tournament, that all knights that would joust or tourney there

be king after your days, of this realm with all
the appurtance? Then Uther Pendragon
turned him and said in hearing of them all,
I give him God's blessing and mine, and bid
him pray for my soul, and righteously and 15 might play, and all this was ordained for to
worshipfully that he claim the crown upon for-
feiture of my blessing, and therewith he
yielded up the ghost, and then was he interred
as longed to a king. Wherefore the queen, fair
Igraine, made great sorrow, and all the barons. 20
Then stood the realm in great jeopardy long
while, for every lord that was mighty of men
made him strong, and many weened to have
been king. Then Merlin went to the Arch-
bishop of Canterbury, and councilled him for 25
to send for all the lords of the realm, and all
the gentlemen of arms, that they should to
London come by Christmas, upon pain of
cursing; and for this cause, that Jesus, that was
born on that night, that He would of His 30 his sword. I will well, said Arthur, and rode

great mercy show some miracle, as He was come
to be king of mankind, for to show some
miracle who should be right-wise king of this
realm. So the Archbishop, by the advice of
Merlin, sent for all the lords and gentlemen of 35
arms that they should come by Christmas even
unto London. And many of them made them
clean of their life, that their prayer might be
the more acceptable unto God. So in the
greatest church of London, whether it were 40
Paul's or not, the French book maketh no men-
tion, all the estates were long ere day in the
church for to pray. And when matins and the
first mass was done, there was seen in the

keep the lords together, and the commons, for the Archbishop trusted that God would make him known that should win the sword. So upon New Year's Day, when the service was done, the barons rode unto the field, some to joust and some to tourney, and so it happened that Sir Ector, that had great livelihood about London, rode unto the jousts, and with him rode Sir Kay his son, and young Arthur that was his nourished brother;3 and Sir Kay was made knight at All Hallowmass afore. So as they rode to the jousts-ward, Sir Kay lost his sword, for he had left it at his father's lodging, and so he prayed young Arthur for to ride for

fast after the sword, and when he came home, the lady and all were out to see the jousting. Then was Arthur wroth, and said to himself, I will ride to the churchyard, and take the sword with me that sticketh in the stone, for my brother Sir Kay shall not be without a sword this day. So when he came to the churchyard, Sir Arthur alit and tied his horse to the stile, and so he went to the tent, and found no knights there, for they were at jousting; and so he handled the sword by the handles, and lightly and fiercely pulled it out of the stone, and took his horse and rode his way until he came to his brother Sir Kay, and

churchyard, against the high altar, a great 45 delivered him the sword. And as soon as

Sir Kay saw the sword, he wist well it was the sword of the stone, and so he rode to his father Sir Ector, and said: Sir, lo here is the sword of the stone, wherefore I must be king of this land.

stone four square, like unto a marble stone, and
in midst thereof was like an anvil of steel a
foot on high, and therein stuck a fair sword
naked by the point, and letters there were
written in gold about the sword that said 50 When Sir Ector beheld the sword, he returned

thus:-Whoso pulleth out this sword of this
stone and anvil, is rightwise king born of all
England. Then the people marvelled, and
told it to the Archbishop. I command, said the
Archbishop, that ye keep you within your 55
church, and pray unto God still; that no man
touch the sword till the high mass be all done.
So when all masses were done all the lords went
1 Belonged.

again and came to the church, and there they alit all three, and went into the church. And anon he made Sir Kay swear upon a book how he came to that sword. Sir, said Sir Kay, by my brother Arthur, for he brought it to me. How gat ye this sword? said Sir Ector to Arthur. Sir, I will tell you. When I came home for my brother's sword, I found nobody at 2 Cause to be provided.

3 Foster brother.

home to deliver me his sword, and so I thought my brother Sir Kay should not be swordless, and so I came hither eagerly and pulled it out of the stone without any pain. Found ye any knights about this sword, said Sir Ector. Nay, said Arthur. Now, said Sir Ector to Arthur, I understand ye must be king of this land. Wherefore I, said Arthur, and for what cause? Sir, said Ector, for God will have it so, for there should never man have drawn out 10 order of knighthood let us joust once again.

spears. I have enow, said the knight; 80 there came a squire and brought in good spears, and Arthur chose one and he another; so they spurred their horses and came together 5 with all their mights, that either brake their spears to their hands. Then Arthur set hand on his sword. Nay, said the knight, ye shall do better; ye are a passing good jouster as ever I met withal; and once for the love of the high

I assent me, said Arthur. Anon there were brought two great spears, and every knight gat a spear, and therewith they ran together, that Arthur's spear all to-shivered. But the

this sword, but he shall be rightwise king of this land. Now let me see whether ye can put the sword there as it was, and pull it out again. That is no mastery, said Arthur, and so he put it in the stone. Wherewith Sir Ector assayed 15 other knight hit him so hard in midst of the to pull out the sword and failed.

Now assay, said Sir Ector unto Sir Kay. And anon he pulled at the sword with all his might, but it would not be. Now shall ye

assay, said Sir Ector to Arthur. I will well, 20 said Arthur, and pulled it out easily. And therewithal Sir Ector knelt down to the earth, and Sir Kay.

shield, that horse and man fell to the earth, and therewith Arthur was eager, and pulled out his sword, and said, I will assay thee, sir knight, on foot, for I have lost the honour on horseback. I will be on horseback, said the knight. Then was Arthur wroth, and dressed his shield toward him with his sword drawn. When the knight saw that, he alit, for him thought no worship to have a knight at such avail,' he to

ARTHUR'S ENCOUNTER WITH PELL-25 be on horseback and he on foot; and so he alit

INORE

and dressed his shield unto Arthur. And there began a strong battle with many great strokes, and so hewed with their swords that the cantels flew in the fields, and much blood they bled both, that all the place there as they fought was overbled with blood. And thus they fought long and rested them, and then they went to the battle again, and so hurtled together like two rams that either fell to the earth. So at the last they smote together that both their swords met even together. But the sword of the knight smote King Arthur's sword in two pieces, wherefor he was heavy. Then said the knight unto Arthur, Thou art in my

thee, and but thou yield thee as overcome and recreant, thou shalt die. As for death, said King Arthur, welcome be it when it cometh. But to yield me unto thee as recreant I had

And so Arthur rode a soft pace till it was day, and then was he aware of three churls chasing Merlin, and would have slain him. 30 Then the king rode unto them, and bade them: Flee, churls! then were they afeared when they saw a knight, and fled. O Merlin, said Arthur, here hadst thou been slain for all thy crafts had I not been. Nay, said Merlin, not so, for I 35 could save myself an I would; and thou art more near thy death than I am, for thou goest to the deathward, an God be not thy friend. So as they went thus talking they came to the fountain, and the rich pavilion there by it. 40 danger whether me list to save thee or slay Then King Arthur was ware where sat a knight armed in a chair. Sir knight, said Arthur, for what cause abidest thou here, that there may no knight ride this way but if he joust with thee? said the king. I rede thee leave that 45 liefer die than to be so shamed. And therecustom, said Arthur. This custom, said the knight, have I used and will use maugre who saith nay, and who is grieved with my custom let him amend it that will. I will amend it, said Arthur. I shall defend' thee, said the 50 knight. Anon he took his horse and dressed his shield and took a spear, and they met so hard either in other's shields, that all toshivered their spears. Therewith anon Arthur pulled out his sword. Nay, not so, said 55 thou puttest this realm in the greatest damage the knight; it is fairer, said the knight, that we twain run more together with sharp spears. I will well, said Arthur, an I had any more 2 Broke to pieces.

1 Prevent.

withal the king leapt unto Pellinore, and took him by the middle and threw him down, and rased off his helm.5 When the knight felt that, he was adread, for he was passing big man of might, and anon he brought Arthur under him, and rased off his helm and would have smitten off his head.

Therewithal came Merlin and said, Knight, hold thy hand, for an thou slay that knight

that ever was realm; for this knight is a man of
more worship than thou wotest of. Why, who
is he? said the knight. It is King Arthur.
* Advantage.
• Helmet.

• Pieces.