[127] M. DE MONTESQUIEU observes of the Gothic government—“Il fut d’abord melé de l’aristocratie, et de la monarchie. Il avoit cet inconvenient, que le bas-peuple y étoit esclave: _C’étoit un bon gouvernment, qui avoit en soi la capacité de devenir meilleur._” [l. xi. c. 8.]—the very idea, which is here inculcated.
[128] See old FORTESCUE, in his book _De laudibus legum Angliæ_, where this sort of analogy is pursued at length through a great part of the XIII^{ th} chapter.
[129] Agreeably to what Sir H. SPELMAN asserts, in his Glossary, of its parent, the _feudal law_ itself; “DE LEGE FEUDALI—pronunciandum censeo, TEMPORIS eam esse filiam, sensimque succrescentem, EDICTIS PRINCIPUM auctam indies excultam.” In voce FEODUM.
[130] DISS. AD FLET. 1091. and WILLIAM OF MALMESBURY, lib. iv. 1. 69. _Lond._ 1596.
[133] Dr. DUCK, _De usu et authoritate juris civilis_, p. 103. _Lugd. Batav._ 1654.
[134] POLICRATIC. lib. viii. c. 22. p. 672. _Lugd. Bat._ 1639.
[141] See FORTESCUE, _De laudibus leg. Angl._ p. 74. _Lond._ 1741; and SELDEN’S JANUS ANGLORUM, 1610, vol. ii. tom. ii.
[150] The speaker might have begun this account of the _fate and fortunes_ of the civil law still higher. NAT. BACON, speaking of HENRY the Fifth’s reign, observes, “The times were now come about, wherein light began to spring forth, conscience to bestir itself, and men to study the scriptures. This was imputed to the idleness and carelessness of the clergy, who suffered the minds of young scholars to luxuriate into errors of divinity, for want of putting them on to other learning; and gave no encouragement to studies of human literature, by preferring those that were deserving. The convocation taking this into consideration, do decree, that no person should exercise any jurisdiction in any office, as _vicar-general_, _commissary_, or _official_, or otherwise, unless he shall first in the university have taken degrees in the CIVIL OR CANON LAWS. A shrewd trick this was, to stop the growth of the study of divinity, and WICKLIFF’S way; and to embellish men’s minds with a kind of learning that may gain them preferment, or at least an opinion of abilities beyond the common strain, and dangerous to be meddled with. Like some gallants, that wear swords as badges of honour, and to bid men beware, because they possibly may strike, though in their own persons they may be very cowards. And no less mischievously intended was this against the rugged COMMON LAW, a rule so nigh allied to the gospel-way, as it favoureth liberty; and so far estranged from the way of the civil and canon law, as there is no hope of accommodation till Christ and Antichrist have sought the field.” DISC. Part II. p. 90. _Lond._ 1739.