nal, though one of the abuses of the
times, cannot be said to warrant the strong language adopted by Hume.

[372] Fortescue, De Laudibus Legum Angliae, c. 9.

[373] Id. c. 13.

[374] The latter treatise having been written under Edward IV., whom
Fortescue, as a restored Lancastrian, would be anxious not to offend,
and whom in fact he took some pains to conciliate both in this and other
writings, it is evident that the principles of limited monarchy were as
fully recognised in his reign whatever particular acts of violence might
occur, as they had been under the Lancastrian princes.

[375] The following is one example of these prejudices: In the 9th of
Richard II. a tax on wool granted till the ensuing feast of St. John
Baptist was to be intermitted from thence to that of St. Peter, and then
to recommence; that it might not be claimed as a right. Rot. Parl. vol.
iii. p. 214. Mr. Hume has noticed this provision, as "showing an
accuracy beyond what was to be expected in those _rude_ times." In this
epithet we see the foundation of his mistakes. The age of Richard II.
might perhaps be called rude in some respects. But assuredly in prudent
and circumspect perception of consequences, and an accurate use of
language, there could be no reason why it should be deemed inferior to
our own. If Mr. Hume had ever deigned to glance at the legal decisions
reported in the Year-books of those times, he would have been surprised,
not only at the utmost _accuracy_, but at a subtle refinement in verbal
logic, which none of his own metaphysical treatises could surpass.

[376] [Note XII.]

[377] During the famous process against the knights templars in the
reign of Edward II., the archbishop of York, having taken the
examination of certain templars in his province, felt some doubts which
he propounded to several monasteries and divines. Most of these relate
to the main subject. But one question, fitter indeed for lawyers than
theologians, was, whereas many would not confess without torture,
whether he might make use of this means, _licet hoc in regno Angliae
nunquam visum fuerit vel auditum_? Et si torquendi sunt, utrum per
clericos vel laicos? Et dato, quod _nullus omnino tortor inveniri
valeat_ in Anglia, utrum pro tortoribus mittendum sit ad partes
transmarinas? Walt. Hemingford, p. 256. Instances, however, of its use
are said to have occurred in the 15th century. See a learned 'Reading on
the Use of Torture in the Criminal Law of En