"Laws of the land, which a man ought to believe very necef" fary for those who will understand the fame, efpecially at the "beginning of their ftudies: for, upon thofe fundamentals, the "whole law doth depend. For which purpofe, in time paft, "there was compofed a very profitable book, called Ti THE "REGISTER, which doth contain fundry principles, by which "he must be well inftructed who would ftudy the law. And alfo "for that purpose was there compofed, by a learned man, a "book called Natura Brevium, which book doth declare and fet "forth the diverfities and natures of many original writs, with "their procefs, which book helped much to the understanding not only of THE REGISTER, but alfo of the law of the land but because of late time that book hath been tranflated into the English tongue, and many things are therein, which "are not according to the law of the land; and many other things are omitted, which are very profitable and neceffary for the understanding of the law, for that caufe is this work compofed and published."

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Lord Chief Juftice Coke fays of this work of Judge Fitzherbert's, that it is an exact work, and exquifitely penned.

VI." Of the furveying of lands." Printed in 1539, and 1567.

VII." The Book of Husbandry, very profitable and necef"fary for all perfons." Printed in 1534, and feveral times after in the reigns of Mary and Elizabeth. It is faid in an advertifement to the reader, prefixed to this book, that it was written by one Anthony Fitzherbert, who had been forty years an hufbandman from whence many have concluded that this could not be our Judge. But in the preface to his book "of the fur"veying of lands," he mentions his book of AGRICULTURE; and in the advertisement prefixed to the fame book, it is exprefsly faid, that the author of that treatife of Surveying, was the author likewife of the book concerning the office of a Juftice of the peace. From whence it is inferred, that both those books were written by Judge Fitzherbert; who, perhaps, in those seafons which allowed him leifure to go into the country, might apply himself as vigorously to husbandry in the country, as he did to the study of the law when in town.

We have already obferved, that Sir Anthony Fitzherbert left a numerous pofterity. Of two of his grandfons we will give fome account.

THOMAS FITZHERBERT was the fon of William Fitzherbert, fourth fon to the Judge, and was born in the county of Stafford, in the year 1552. After having been initiated in grammar learning, he was fent to the University of Oxford in 1568. But having been before chiefly trained up in the Roman Catholic religion, the College grew difagreeable to him. For though he would fometimes hear a fermon, which he was permitted to do by an old Popish priest, who lived privately in Ox

ford,

ford, and to whom he would often recur for religious inftruction, yet he would feldom go to prayers, for which he was often aimonished by the Sub-Rector of his houfe. At length, feeminso be wearied with the Herefy of the times, as he called it, he withdrew without a degree to his patrimony; where alfo refanng to go to his parish church, he was imprifoned about the year 1572, in the fifteenth year of Queen Elizabeth's reign. But Mr. Fitzherbert being foon after t at liberty, he became fill more zealous for his religion, defending it against the Proteflant Minifters, and maintaining publicly, that Catholics ought not to go to Proteint churches; for which being likely to fuffer, he withdrew, and lived concealed. In 1580, when Campian and Parious the Jefuit came into England, he went to London, found them out, and fupplied them liberally. Whereupon bringing himself into a Præmuni e, and forefeeing great dangers, he went a voluntary exile into France, in the year 1582, where he in vain folicited the caufe of Mary Queen of Sco.s. After the death of that unhappy Princefs, and the lofs of his own wife, Mr. Fitzherbert left France, and repaired to Madrid, in order to im lore the protection of Philip II. to whom most of the English exiles reforted. But upon the defeat of the Spanish Armada, in 1588, he left Spain, and accompanied the Duke of Feria to the city of Milan in Italy. Fitzherbert continued fome time at Milan, and from thence went to Rome. During his ftay there, he compofed feveral books, and amongst the reft two treatifes against the maxims of Machiavel, which gained him much reputation, both among Proteftants and Papifts. He entered into the fociety of JESUS in 1614, and received Priests orders about the fame year. After which he speedily removed into Flanders, to prefide over the miffion there, and continued at Bruffels about two years. The confiderable abilities and learning which he poffeffed, together with the high esteem which he had gained by his prudent behaviour at Bruffels, procured him the government, with the title of Rector, of the Englith College at Rome. He exercifed this office for twenty-two years with great credit, during which time he is faid to have been often named for a Cardinal's hat; and which, it is fuppofed, he might eafily have obtained, if he had been defirous of it. He died in 1640, in the eighty-eighth year of his age, and was interred in the chapel belonging to the English College. He wrote many treatifes in defence of the Romish Church.

NICHOLAS FITZHERBERT was another grandfon of Sir Anthony Fitzherbert's, and a great fufferer likewife on account of his zealous attachment to Popery. He was the fon of John Fitzherbert, the Judge's fecond fon. In his youth he was a ftudent in Exeter College; and about 1572, left his native country, parents, and patrimony, in confequence of his religion, and went beyond the fea as a voluntary exile. At first he fettled at Bononia in Italy, in order to acquire the knowledge of the Ci

vil Law, and continued there till 1580. Not long after, he went to Rome, and in the year 1587, began to live in the family of William Alan, the Cardinal of England, and continued with him till the time of his death, being then accounted eminent for his knowledge in the laws and polite literature. He published several pieces; and wrote the life of his patron, Cardinal Alan; but that, for political reafons, was never publifhed. Mr. Fitzherbert was unfortunately drowned fome time in the year 1612, in a journey he made from Rome, being then fuppofed to be about fixty-three years of age.

THE

The Life of JAMES BEATON, Archbishop of St. ANDREWS.

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HIS famous Prelate was defcended from an antient and honourable family, that came originally from France, but which had been long settled in Scotland. His father was John Beaton, of Balfour, and his mother Mary, daughter to Sir David Bofwell of Blamuto. He was a younger fon, and therefore very early intended for the Church, and with that view kept to his ftudies. He had great natural talents, which he improved by the acquifition of the best learning which could be attained, at that time, in his country.

He had confiderable advantages at his firft setting out in the world. His brother, Sir David Beaton of Criegh, who was a man of learning and ability, was also a great Courtier, and so much beloved by his master, King James. IV. that he raised him to the honour of being Comptroller of his Houthold, and, in 1502, made him Treasurer of Scotland. But befides the affiftance derived to James Beaton, from the intereft of his brother Sir David, he was alfo in great credit with the powerful House of Douglas; from whom he received his firft preferment, which was that of the Provostship of Bothwell, and which was given him by George Douglas, Earl of Angus. Before the Reformation, there were in Scotland many collegiate churches of fecular Priefts, and he who prefided over thefe Canons was stiled Provoft. The church of Bothwell was one of these.

This preferment was conferred upon him in 1503. But the next year he was promoted to the rich and honourable preferment of Abbot of Dumferling, which Abbacy became void by the death of James Stuart, Archbishop of St. Andrews, Duke of Rofs, and Chancellor of Scotland. This was a ftrong evidence of the King's favour; but, in 1505, he received a ftill greater. His brother, Sir David Beaton, died that year; upon which the King honoured him with the staff of High-Treasurer in the room of his brother; and he began to be confidered as one of the chief Ministers of the King his master.

In 1508, he was promoted to the Bishopric of Galloway, on the death of Bishop Vaufs; and before he had fat a full year in that See, he was removed to the Archbishopric of Glasgow, vacant by the death of Dr. Blackader, upon which he refigned the Treasurer's ftaff in 1509. He is fuppofed to have taken this ftep with a view to be more at leisure to mind the government of

his diocefe; for we are told, that while he continued at Glafgow, he attended the duties of his function with great diligence. And he alfo enclosed his epifcopal palace in Glasgow with a magnificent ftone wall, of aifler work, towards the east, fouth, and weft, with a baftion on one corner, and a tower on the other, fronting the high ftreet, whereon are fixed in different places his coat of arms. He alfo laid out a confiderable fum of money in building and repairing of bridges that were gone to decay, at different places within the Regality, and about the city of Glasgow,

In 1513, King James IV. of Scotland having imprudently entered into a war with England, was flain in the battle of Flodden-field; and with him fell the flower of his Nobility, and amongst them Alexander, Archbishop of St. Andrews, and Chancellor of Scotland, his natural fon. By this fatal blow the kingdom was thrown into the utmoft confufion. The Queen, Margaret, was declared Regent of the kingdom by the late King's will; and fuch of the Nobility as furvived the battle of Flodden-field, had fubmitted to her authority; but in confequence of an hafty and indecent marriage with the Earl of Angus, the was deprived of her Regency. The Nobility, however, could not agree about this; and the Clergy, instead of interpofing their good offices, and endeavouring to promote peace in the kingdom, were all together by the ears about the Archbishopric of St. Andrews. So that, for the re-establishment of the public tranquillity, it was found neceffary to fend for John Stuart, Duke of Albany, the young King's great uncle, from France, and to declare him Regent of the kingdom.

Amongst those who were particularly diftinguished by the new Regent's favour, was Archbishop Beaton. He raifed him to the office of High Chancellor; and gave him for the fupport of his dignity the two rich abbies of Killwinning and Arbroth, which he held with his Archbishopric IN COMMENDUM. While Archbishop Beaton refided at Glasgow, in 1515, the famous Dr. Gawin Douglas, uncle to the Earl of Angus, was promoted to the See of Dunkeld, which being a fuffragan to the Archbishop of Glasgow, Dr. Douglas went thither to be confecrated. Beaton, to fhew how much he refpected the new Bishop and his family, entertained him and all his attendants with great magnificence and fplendor, and defrayed the whole expence of his confecration. But, notwithstanding all this, and though he had been firft patronised by the family of Douglas, yet the favours which he had received from the Regent, the Duke of Albany, induced Archbishop Beaton to join his party, in oppofition to that of the Douglas family.

In 1517, the Duke of Albany went over into France; upon which he appointed, amongst other great men, Archbishop Beaton to be one of the Governors of Scotland in his abfence. And, with a view of preventing difputes amongst them, they had dif ferent

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