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AN INTRODUCTION TO ENGLISH LEGAL HISTORY

An Introduction to English Legal History

Fi h Edition

SIR JOHN BAKER, Q.C., LL.D., F.B.A.

Emeritus Downing Professor of the Laws of England and Honorary Fellow of St Catharine’s College, Cambridge; Barrister and Honorary Bencher of the Inner Temple and Gray’s Inn

1

Great Clarendon Street, Oxford, OX2 6DP, United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Sir John Baker 2019

e moral rights of the author have been asserted

Fourth Edition published in 2002

Fi h Edition published in 2019

Impression: 1

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Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America

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Library of Congress Control Number: 2018959363

ISBN 978–0–19–881260–9 (hbk.)

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Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

Preface to the Fi h Edition

is edition retains the structure and coverage of its predecessor, but it has been substantially revised throughout and parts have been rewritten. It might be thought that legal history would not need much revision. In truth, it can become outdated with surprising rapidity. Although historical facts do not change, information which has been known for many years can be reinterpreted or reassembled in di erent ways, and new evidence is always coming to light. Original source material is now more freely available than ever before through the internet – almost to an overwhelming extent – and yet many sources of the common law remain in manuscript and cannot be found online. In the case of an elementary book such as this, there are added di culties arising from the wide range of periods and topics addressed: the need to abridge and simplify voluminous and complex matter, with the added dimension of time, presents challenges which can never be fully overcome.

It is gratifying to notice how much legal history has been written since the fourth edition of this book appeared in 2002; but then, to some who will read this edition, that amounts to a whole lifetime. Particular attention should be drawn to the Oxford History of the Laws of England, the rst volume of which appeared in 2003. Although more than half of the series remains to be completed, the six volumes already in print are a deep store of information and insight, and it is hoped that more will appear in the near future. A great deal of new scholarship has also been gathered in Comparative Studies in Continental and Anglo-American Legal History. Some of the most awkward remaining gaps in basic knowledge have been in the area of public law, a subject long neglected by English legal historians. But a new interest in the history of constitutional law was awakened by the commemoration of Magna Carta in 2015, and this is re ected in the author’s monograph e Reinvention of Magna Carta 1216–1616. Some of that interest has percolated here and there into this edition. e present edition takes account of relevant new discoveries and interpretations, and of the second (enlarged) edition of Baker and Milsom. It would be impossible, however, to incorporate all the new learning into this single volume, which is an introduction rather than an encyclopaedia. e aim of an elementary textbook cannot be to trace the history of every aspect of the law and the legal system, or to weigh all the con icting opinions on di cult questions, and so the concentration has been on the main characteristics, institutions, and doctrines of English law over the longer term –and particularly the evolution of the common law before the extensive statutory changes and regulatory regimes of the last two centuries. is policy has inevitably resulted in the exclusion of some whole areas of law and practice which have been important in their time, or which have grown in importance in recent times, where their proper treatment would have required major diversions and more pages than these two covers can contain.

Another reservation concerns the relationship between law and time. Law does not develop in a vacuum, because it operates in direct connection with real life, and yet the relationship between legal development and social or economic change is less direct or

automatic than might be supposed. Straightforward cause and e ect are most likely to be discernible in the case of legislative reform, where the law is changed deliberately and suddenly in order to address a perceived defect. But even legislation, as will be seen repeatedly throughout the book, was for most periods before the nineteenth century regarded as a way of restoring, repairing, or reinforcing the common law rather than supplanting it with something wholly new. If the common law itself sometimes lagged behind society, it was because judges did not like deliberately to overturn the wisdom of their predecessors. Many of the larger changes in the law came about less through the explicit reversal of settled law than through unconscious shi s in the underlying assumptions. Only changed assumptions can explain, for example, how judges could take a benevolent approach to legal ctions which might otherwise be seen as brazen attempts to undermine the law. But gradual evolution makes for long stories. How far those legal stories can be aligned with the factual state of society in speci c periods is the di culty. Social changes obviously raise new legal questions, but they do not in themselves dictate the answers or indicate at what point in history the answers will be forthcoming. Inclinations towards change were rarely unanimous, and they usually only led to an alteration in the common law once thinking had shi ed so generally that it seemed inevitable. In any case, since judges and legal advisers were obliged to operate within the existing frameworks of legal rather than popular thought, they had to nd intellectually manageable ways of squaring evolution with inherited wisdom. Even when everyone could see the need for some new legal remedy, the process of nding one – in a system tied constitutionally to the ancient forms of ‘due process’ – might require considerable ingenuity.

For such reasons as these, it was not practicable for the present purpose to map developments in the law against changes in the temper of succeeding ages by taking one period at a time. It may seem elementary to divide history into periods, and that is the scheme of the much larger Oxford History, but in a briefer survey of long-term developments and lines of thought it would mean leaving lots of loose ends at the end of every section. A seamless web is more readily understood by tracing the threads than by cutting it into pieces. is introductory history is therefore, a er the initial chapters, arranged by legal or institutional topics, each of which is approached more or less chronologically.

I am grateful to all my colleagues in the world of legal history, and to my wife Liesbeth van Houts, for raising and discussing various questions over the years. Professor Yuzo Fukao’s heroic enterprise of translating the fourth edition into Japanese in 2010–11 resulted in many helpful suggestions for improvement to the wording, and sometimes to the thinking as well. Above all, I should record my lifelong indebtedness to the work of Professor S. F. C. Milsom, who died in 2016. I attended his undergraduate lectures over y years ago and have never lost my fascination with the subject into which he inducted me. My own attempts to write legal history over ve decades have made me appreciate more and more every year the genius of his insights, the elegance of his writing, and the enduring power of his scholarship.

John Baker April 2018

Table of Statutes

Note: the best printed text of the statutes from 1236 to 1713 is e Statutes of the Realm (1810–27). For the 1215 and 1225 versions of Magna Carta see the appendices to J. C. Holt, Magna Carta (3rd edn by G. Garnett and J. Hudson, 2015).

Henry I’s Coronation Edict (or Charter) 1100 15, 206, 216, 260, 279, 411

Constitutions of Clarendon 1164 137, 138, 216

Assize of Clarendon 1166.

Assize of Northampton 1176

252, 545

20, 252, 542

Assize of Windsor 1179 20, 252

Magna Carta 1215 6, 217

cl. 2 (relief)

cl. 4–5 (wardship)

cl. 6 (disparagement of wards)

260

261

cl. 12, 14, 15 (feudal aids) 217, 258, 259

cl. 17 (common pleas) 23

cl. 18 (assizes)

cl. 19 (assizes)

23, 24, 26

cl. 20 (amercements for trespass) 503, 552

cl. 24 (sheri s) 543

cl. 27 (administration of estates)

cl. 32 (forfeiture)

.412

542

cl. 34 (praecipe) 26, 255

cl. 36 (mortmain) 262

cl. 39 (liberty of the subject). See Magna Carta 1225, c. 29

cl. 41 (merchants).

2 Hen. III, Magna Carta 1217

c. 7 (widows)

cc. 12–13 (assizes)

c. 32 (liberty)

c. 36 (feudal services)

c. 40 (mortmain)

9 Hen. III, Magna Carta 1225 39, 217

c. 2 (relief) 259

cc. 4–5 (wardship)

c. 6 (disparagement of wards)

261

c. 7 (widows) 289, 290

c. 11 (common pleas) 23, 44–5, 47, 49

c. 12 (assizes)

c. 14 (amercements for trespass)

24, 149

503, 552

c. 17 (sheri s) 26, 543

c. 18 (reasonable parts)

c. 22 (forfeiture)

c. 24 (praecipe).

.411

542

26, 255

c. 26 (de odio et atia) 544

c. 29 (liberty of the subject) 60, 105, 130, 154, 159, 225, 482–3, 502, 506–10, 548

c. 30 (merchants) 500

c. 32 (feudal services)

c. 36 (mortmain)

20 Hen. III, Provisions of Merton 1236

cc. 6–7 (guardians)

c. 8 (novel disseisin)

c. 9 (bastardy)

20 Hen. III, ‘Statute’ of Ireland (De coheredibus) 1236

42 Hen. III, Provisions of Oxford 1258

43 Hen. III, Provisions of Westminster 1259

52 Hen. III, Statute of Marlborough 1267

c. 5 (infringers of Magna Carta).

c. 6 (wardship)

c. 9 (suit)

c. 16 (primer seisin)

c. 17 (guardians in socage)

c. 23 (waste)

c. 29 (writs of entry)

3 Edw. I, Statute of Westminster I 1275

c. 4 (wreck)

c. 6 (amercements for trespass)

c. 12 (refusal of trial) .

c. 15 (bail) .

c. 29 (deceit by lawyers) 166

c. 36 (feudal aids)

6 Edw. I, Statute of Gloucester 1278

259

c. 1 (damages and costs) 73

c. 3 (tenancy by the curtesy) 300

c. 4 (cessavit)

c. 5 (waste)

c. 8 (pleas of trespass)

284, 585

26, 68

c. 9 (homicide) 544, 571

7 Edw. I, Statute of Mortmain (De viris religiosis) 1279.

10 Edw. I, ‘Statute’ of Rutland 1282

12 Edw. I, Statute of Rhuddlan (or of Wales) 1284

262–3

37, 339, 340, 342

13 Edw. I, Statute of Westminster II 1285 218

c. 1, De donis conditionalibus 217, 292, 293–4, 299–302, 327, 583

c. 2 (replevin)

c. 4 (wreck)

257

.413

c. 11 (account) 387

c. 12 (conspiracy) 493

c. 16 (wardship) 261

c. 18 (elegit)

c. 21 (cessavit)

c. 24 (writs ‘in consimili casu’) 69, 295

c. 25 (assize of novel disseisin) 256, 452, 460

c. 30 (nisi prius)

c. 32 (quale jus)

24, 88, 96

262

c. 34 (rape) 553, 573

13 Edw. I, Statute of Winchester 1285 218

c. 2 (robberies)

13 Edw. I, Statute of Merchants 1285.

18 Edw. I, Quia emptores terrarum 1290

18 Edw. I, Statute of Quo Warranto 1290

25 Edw. I, Con rmation of Magna Carta 1297

25 Edw. I, Con rmatio Cartarum 1297

28 Edw. I, Articuli super Cartas 1300

c. 4 (Exchequer)

c. 5 (court coram rege)

33 Edw. I, Ordinatio de conspiratoribus 1305

34 Edw. I, De tallagio non concedendo

9 Edw. II, Articuli cleri 1315.

Prerogativa Regis (date uncertain)

c. 13 (or 11) (wreck and royal sh)

c. 16 (forfeiture)

1 Edw. III, st. ii (1327)

c. 11 (suits for defamation)

c. 12 ( nes for alienation) 259

2 Edw. III, Statute of Northampton 1328

c. 2 (pardon for felony)

557

c. 8 (justices) 126, 177

4 Edw. III, c. 7 (executors, 1330) 427

14 Edw. III, st. i, c. 14 (writs of privy seal, 1340) 177

14 Edw. III, st. ii, c. 1 (taxation, 1340)

18 Edw. III, st. ii, c. 2 (justices of peace, 1344)

18 Edw. III, st. iv (judges’ oath) 177

23 Edw. III, Ordinance of Labourers 1349 354

25 Edw. III, st. i, De natis ultra mare 1351.

25 Edw. III, st. ii, Statute of Labourers 1351

25 Edw. III, st. iv (provisors, 1351) 139

25 Edw. III, st. v (1351)

c. 2, Treason Act 1351

c. 3 (juries)

c. 4 (jurisdiction of council)

c. 11 (feudal aids)

27 Edw. III, st. i (suing outside the realm, 1353)

27 Edw. III, st. ii, Statute of the Staple 1353, c. 9

28 Edw. III (1354)

568–9

c. 2 (marches of Wales) 37

c. 3 (due process)

c. 13 (juries de medietate linguae)

31 Edw. III, st. i (1357)

c. 11 (administrators)

c. 12 (error from the Exchequer) 147

34 Edw. III (1361)

c. 1, Justices of the Peace Act 1361

c. 9 (labourers)

354

42 Edw. III, c. 3 (due process, 1368) 60, 105, 126

45 Edw. III, c. 3 (tithes of wood, 1371) 139

50 Edw. III, c. 6 (fraudulent feo ments to uses, 1376)

2 Ric. II, st. i, c. 5 (scandalum magnatum, 1378)

268

466

6 Ric. II, st. i, c. 3 (writs of nuisance, 1382) 452

13 Ric. II, st. i, c. 5 (admiralty, 1389) 132

13 Ric. II, st. ii, c. 1 (pardons, 1390)

15 Ric. II (1391)

c. 2, Statute of Forcible Entry 1391

c. 5 (uses and mortmain)

16 Ric. II, Statute of Winchester 1392, c. 5 (praemunire) 139

17 Ric. II, c. 6 (subpoena, 1393) .

1 Hen. IV, c. 8 (assize against patentee, 1399)

2 Hen. IV

c. 11 (admiralty, 1400)

c. 15 (de heretico comburendo, 1400)

4 Hen. IV, c. 23 (judgments at law, 1402)

5 Hen. IV, c. 5 (malicious wounding, 1403)

13 Hen. IV, c. 7 (riot, 1412)

3 Hen. V. st. ii, c. 6 (clipping coin, 1415)

18 Hen. VI, c. 29 (juries de medietate linguae)

Royal Marriages Act 1428

1 Edw. IV, c. 2 (sheri s’ tourns, 1461)

3 Edw. IV, c. 4 (importation of playing cards, 1463)

8 Edw. IV, c. 2 (liveries, 1468)

22 Edw. IV, c. 7 (enclosing woods, 1482) 241

1 Ric. III (1484)

c. 1 (uses)

c. 4 (juries in tourn)

c. 7 ( nal concords)

3 Hen. VII (1487)

c. 1, ‘Pro camera stellata’ 127

c. 14 (compassing the king’s death)

4 Hen. VII (1490)

c. 4 (proclamation of exigent)

c. 12 (justices of peace)

c. 17 (wardships and uses)

c. 24 ( nal concords)

7 Hen. VII, c. 2 (protections, 1493)

11 Hen. VII (1495)

c. 1 (adherence to de facto king)

c. 8 (usury)

c. 17 (birding with nets)

12 Hen. VII, c. 7 (petty treason, 1496)

19 Hen. VII (1504)

c. 9 (mesne process)

c. 15 (wardships and uses)

c. 28 (attainders)

4 Hen. VIII, c. 2 (bene t of clergy, 1512) 556, 572

5 Hen. VIII, c. 2 (clothiers’ marks, 1513) 487

21 Hen. VIII (1529)

c. 7 (embezzlement by a servant)

576

c. 11 (restitution of stolen goods) 410

c. 15 (falsi cation of recoveries) 320

22 Hen. VIII (1530)

c. 9 (murder by poisoning)

556

c. 14 (abjuration) 553

23 Hen. VIII (1532)

c. 1 (bene t of clergy)

c. 5 (commissions of sewers)

556, 572, 573, 574

162, 225

c. 6 (recognizances) 331

c. 11 (escape) 556

c. 15 (costs) 49, 73

24 Hen. VIII, c. 12, Restraint of Appeals 1532 .

25 Hen. VIII (1533)

c. 6 (buggery)

c. 14 (heresy trials)

c. 19, Submission of the Clergy 1533.

c. 21, Ecclesiastical Licences Act 1533

27 Hen. VIII (1536)

c. 10, Statute of Uses 1536 211, 220, 274–7, 290, 305–7, 323, 324

c. 12 (clothiers’ marks, 1536) .

c. 16, Statute of Enrolments 1536

276–7, 324

c. 26, Laws in Wales Act 1536 38

31 Hen. VIII (1539)

c. 1 (partition)

c. 6 (monks)

c. 8 (proclamations)

32 Hen. VIII (1540)

c. 1, Statute of Wills 1540 272, 276, 305–6

c. 12 (sanctuary) .

c. 16 (aliens)

c. 30, Statute of Jeofails 1540

c. 38, Marriage Act 1540 531

c. 45 (Court of Wards)

33 Hen. VIII (1541)

c. 26 (Sir John Shelton’s will)

c. 39 (Court of Surveyors)

34 & 35 Hen. VIII (1542)

c. 5 (explanation of the Statute of Wills)

c. 26 (Wales and the Marches)

35 Hen. VIII, c. 6 (tales de circumstantibus, 1543)

1 Edw. VI, c. 12 (criminal law, 1547) 555, 569, 574

2 & 3 Edw. VI (1549)

c. 8 (lessees)

c. 13 (tithes)

2 & 3 Ph. & Mar., c. 7, Sale of Horses Act 1555

1 Eliz. I, c. 1 (royal supremacy)

27 Eliz. I, c. 8 (Exchequer Chamber, 1585)

.411

.141, 511

54, 147

43 Eliz. I, c. 6 (costs) 437

1 Jac. I, c. 8, Statute of Stabbing 1603 572

21 Jac. I (1624)

c. 3, Statute of Monopolies 1624

c. 6 (bene t of clergy for women)

483, 485

555

c. 16, Statute of Limitations 1624 322, 437

c. 28 (sanctuary) 554

3 Car. I, c. 1, Petition of Right 1628

16 Car. I (1641)

509

c. 10, Star Chamber Abolition Act 1641 126, 509

c. 11 (ecclesiastical courts) 511

c. 14, Ship-Money Act 1641

Blasphemy Act 1648.

12 Car. II, c. 24, Military Tenures Abolition Act 1660

227, 509

229

277

13 Car. II, c. 12 (ecclesiastical courts) 511

13 Car. II, st. ii, c. 2 (mesne process, 1661) 53

22 & 23 Car. II (1670)

c. 1, Coventry’s Act 1670 (wounding)

c. 9, Duties on Law Proceedings Act 1670

c. 10, Statute of Distribution 1670.

29 Car. II, c. 3, Statute of Frauds 1677

s. 4 (contracts)

s. 7 (declaration of trust)

s. 10 (trusts)

s. 12 (tenancy pur auter vie)

s. 17 (sale of goods)

31 Car. II, c. 2, Habeas Corpus Act 1679

1 Will. & Mar., st. i, c. 27 (Council in the Marches, 1689)

1 Will. & Mar., st. ii, Bill of Rights 1689

3 Will. & Mar., c. 9 (bene t of clergy for women, 1691)

4 Will. & Mar., c. 18 (malicious informations, 1692)

6 & 7 Will. & Mar., c. 6 (marriages, 1694)

7 & 8 Will. III, c. 35 (marriages, 1695)

8 & 9 Will. III, c. 11, Administration of Justice Act 1696

9 [& 10] Will. III (1698)

c. 15 (arbitration)

c. 35, Blasphemy Act 1698

12 & 13 Will. III, c. 2, Act of Settlement 1700

1 Ann., st. ii, c. 9 (defence witnesses, 1702)

3 & 4 Ann., c. 8 (or 9), Promissory Notes Act 1704

4 & 5 Ann., c. 3, Administration of Justice Act 1705

s. 4 (several pleas)

s. 9 (attornment)

ss. 12–13 (penalties)

[5 &] 6 Ann. (1707)

c. 9 (bene t of clergy)

c. 11, Union with Scotland Act 1707

c. 58 (or 31), Act preventing Mischiefs from Fire 1707.

8 Ann., c. 19, Copyright Act 1710

4 Geo. I, c. 11, Transportation Act 1718

6 Geo. I, c. 5 (error from Ireland, 1719)

4 Geo. II, c. 26 (Latin and court-hand, 1731)

11 Geo. II, c. 19 (parol leases, 1738) 397

26 Geo. II, c. 33, Lord Hardwicke’s Marriage Act 1753 518, 521

12 Geo. III, c. 20 (refusal to plead, 1772) 549

19 Geo. III, c. 74 (criminal punishments, 1779)

32 Geo. III, c. 60, Fox’s Libel Act 1792

557, 558

512

39 Geo. III (1799) c. 81, Combination Act 1799 494 c. 85 (embezzlement)

39 & 40 Geo. III, c. 106, Combination Act 1800

577

41 Geo. III, c. 107 (copyright, 1801) 486

47 Geo. III, c. 36 (abolition of slave trade, 1807) 515

56 Geo. III, c. 100, Habeas Corpus Amendment Act 1816

59 Geo. III, c. 46 (appeal of murder, 1819)

4 Geo. IV (1823)

509

c. 76, Marriage Act 1823 521 c. 83, Factors Act 1823 .411

7 & 8 Geo. IV, c. 28, Criminal Law Act 1827 . .

549, 557

9 Geo. IV, c. 31 (petty treason, 1828) 570

11 Geo. IV & 1 Will. IV (1830)

c. 68, Carriers Act 1830 383

c. 70, Law Terms Act 1830

2 & 3 Will. IV (1832)

148

c. 39, Uniformity of Process Act 1832 58, 75, 591

c. 92, Privy Council Appeals Act 1832 151

3 & 4 Will. IV (1833)

c. 15, Bulwer Lytton’s Act 1833.

c. 27, Real Property Limitation Act 1833

c. 41, Judicial Committee Act 1833 151

c. 73, Slavery Abolition Act 1833

c. 105, Dower Act 1833

c. 106, Inheritance Act 1833

5 & 6 Will. IV (1835)

c. 54, Lord Lyndhurst’s Act 1835

c. 65, Lecture Copyright Act 1835

c. 76, Municipal Corporations Act 1835

6 & 7 Will. IV (1836)

c. 32, Building Societies Act 1836

c. 85, Marriage Act 1836

c. 114, Trial for Felony Act 1836

7 Will. IV & 1 Vict., c. 86 (burglary, 1837)

1 & 2 Vict., c. 62, Judgments Act 1838

4 & 5 Vict., c. 21, Conveyance by Release Act 1841

6 & 7 Vict. (1843)

c. 85, Evidence Act 1843 (Lord Denman’s Act)

c. 96, Lord Campbell’s Libel Act 1843

8 & 9 Vict. (1845)

c. 106, Real Property Act 1845

c. 112, Satis ed Terms Act 1845

9 & 10 Vict. (1846)

c. 54 (bar of Common Pleas)

c. 93, Fatal Accidents Act 1846 (Lord Campbell’s Act)

11 & 12 Vict. (1848)

445–6, 490

c. 42, Indictable O ences Act 1848 233

c. 43, Summary Jurisdiction Act 1848 233, 552

c. 78 (crown cases reserved) 149

14 & 15 Vict., c. 99, Evidence Act 1851 (Lord Brougham’s Act)

15 & 16 Vict. (1852)

c. 76, Common Law Procedure Act 1852 75, 148, 322, 591

c. 83, Patent Law Amendment Act 1852 485

17 & 18 Vict. (1854)

c. 31, Railway and Canal Tra c Act 1854

c. 125, Common Law Procedure Act 1854 100

18 & 19 Vict., c. 41, Ecclesiastical Courts Act 1855 143 19 & 20 Vict., c. 120, Settled Estates Act 1856.

20 & 21 Vict. (1857)

c. 43, Summary Jurisdiction Act 1857

c. 54 (fraud by trustee or bailee).

c. 77, Court of Probate Act 1857 143

c. 85, Matrimonial Causes Act 1857

525, 536

21 & 22 Vict., c. 106, Government of India Act 1858

23 & 24 Vict., c. 144, Matrimonial Causes Act 1860 537

24 & 25 Vict., c. 97, Malicious Damage Act 1861 574

24 & 25 Vict., c. 100, O ences against the Person Act 1861 233, 573

25 & 26 Vict. (1862)

c. 68, Copyright Act 1862

c. 88, Merchandise Marks Act 1862

28 & 29 Vict., c. 99 (county courts, 1865) 123

30 & 31 Vict., c. 35, Criminal Law Amendment Act 1867

32 & 33 Vict. (1869)

c. 46, Administration of Estates Act 1869 347

c. 110, Debtors Act 1869 74

33 & 34 Vict. (1870)

c. 14, Naturalization Act 1870

c. 93, Married Women’s Property Act 1870

36 & 37 Vict., c. 66, Judicature Act 1873 58–9, 75, 123, 148, 152, 173

38 & 39 Vict. (1875)

c. 77, Judicature Act 1875 .

c. 86, Conspiracy and Protection of Property Act 1875

c. 91, Trade Marks Registration Act 1875.

39 & 40 Vict., c. 59, Appellate Jurisdiction Act 1876

40 & 41 Vict., c. 18, Settled Estates Act 1877. .

43 & 44 Vict., c. 42, Employers’ Liability Act 1880

44 & 45 Vict., c. 60, Newspaper Libel and Registration Act 1881

45 & 46 Vict. (1882)

c. 38, Settled Land Act 1882

c. 51, Bills of Exchange Act 1882

c. 75, Married Women’s Property Act 1882

46 & 47 Vict. (1883)

c. 38, Trial of Lunatics Act 1883

c. 57, Patents, Designs and Trademarks Act 1883

51 & 52 Vict. (1888)

c. 41, Local Government Act 1888

c. 64, Law of Libel Amendment Act 1888

53 & 54 Vict. (1890)

c. 39, Partnership Act 1890

c. 44, Sir Robert Finlay’s Act 1890 (judicature)

c. 69, Settled Land Act 1890

54 & 55 Vict., c. 51, Slander of Women Act 1891

56 & 57 Vict. (1893)

c. 63, Married Women’s Property Act 1893

c. 71, Sale of Goods Act 1893

60 & 61 Vict. (1897)

c. 65, Land Transfer Act 1897

c. 87, Workmen’s Compensation Act 1897

61 & 62 Vict., c. 36, Criminal Evidence Act 1898

6 Edw. VII (1906)

c. 47, Trade Disputes Act 1906

c. 58, Workmen’s Compensation Act 1906

7 Edw. VII, c. 47, Deceased Wife’s Sister’s Marriage Act 1907

372, 380,

449

1 & 2 Geo. V, c. 13, Parliament Act 1911 218

9 & 10 Geo. V, c. 71, Sex Disquali cation (Removal) Act 1919 183, 500

10 & 11 Geo. V, c. 55, Emergency Powers Act 1920

11 & 12

Geo. V, c. 24, Deceased Brother’s Widow’s Marriage Act 1921

531

13 & 14 Geo. V, c. 19, Matrimonial Causes Act 1923 537

15 & 16 Geo. V (1925)

c. 18, Settled Land Act 1925 315

c. 20, Law of Property Act 1925 .

c. 23, Administration of Estates Act 1925

285, 331, 372

288

c. 49, Supreme Court of Judicature (Consolidation) Act 1925 216

16 & 17 Geo. V, c. 60, Legitimacy Act 1926 529

19 & 20 Geo. V, c. 36, Age of Marriage Act 1929

24 & 25 Geo. V, c. 41, Law Reform (Miscellaneous Provisions) Act 1934.

427

25 & 26 Geo. V, c. 30, Law Reform (Married Women and Tortfeasors Act) 1935 400, 527

1 Edw. VIII & 1 Geo. VI, c. 57, Matrimonial Causes Act 1937 (A. P. Herbert’s Act)

1 & 2 Geo. VI (1938)

c. 45, Inheritance (Family Provision) Act 1938

537

c. 63, Administration of Justice (Miscellaneous Provisions) Act 1938 163

8 & 9 Geo. VI, c. 28, Law Reform (Contributory Negligence) Act 1945

9 & 10 Geo. VI, c. 36, Statutory Instruments Act 1946

10 & 11 Geo. VI, c. 44, Crown Proceedings Act 1947 163 11 & 12 Geo. VI (1948)

c. 41, Law Reform (Personal Injuries) Act 1948

c.66, Monopolies and Restrictive Practices Act 1948

12, 13 & 14 Geo. VI, c. 103, Parliament Act 1949

13 & 14 Geo. VI (1949)

c. 76, Marriage Act 1949

c. 78, Married Women (Restraint upon Anticipation) Act 1949

15 & 16 Geo. VI & 1 Eliz. II, c. 66, Defamation Act 1952

2 & 3 Eliz. II, c. 34, Law Reform (Enforcement of Contracts) Act 1954

4 & 5 Eliz. II (1956)

c. 46, Administration of Justice Act 1956

c. 74, Copyright Act 1956

5 & 6 Eliz. II (1957)

c. 11, Homicide Act 1957

c. 31, Occupiers’ Liability Act 1957

6 & 7 Eliz. II, c. 66, Tribunals and Inquiries Act 1958

7 & 8 Eliz. II, c. 73, Legitimacy Act 1959

8 & 9 Eliz. II, c. 9, Judicial Pensions Act 1959 179

From 1963 statutes are cited by the calendar year instead of the regnal years of the parliament in which they were passed: Acts of Parliament Numbering and Citation Act 1962 (10 & 11 Eliz. II, c. 34)

Criminal Procedure (Right of Reply) Act 1964 (c. 34)

Law Commissions Act 1965 (c. 22)

Murder (Abolition of Death Penalty) Act 1965 (c. 71)

Misrepresentation Act 1967 (c. 7)

Criminal Law Act 1967 (c. 58)

Matrimonial Homes Act 1967 (c. 75)

Sexual O ences Act 1967 (c. 60)

e Act 1968 (c. 60) 410, 574, 577

Clean Air Act 1968 (c. 62)

Family Law Reform Act 1969 (c. 46)

Divorce Reform Act 1969 (c. 55) .

Administration of Justice Act 1969 (c. 58)

Administration of Justice Act 1970 (c. 31)

Law Reform (Miscellaneous Provisions) Act 1970 (c. 33)

Matrimonial Proceedings and Property Act 1970 (c. 45)

Courts Act 1971 (c. 23)

Wild Creatures and Forest Laws Act 1971 (c. 47)

Criminal Damage Act 1971 (c. 48)

European Communities Act 1972 (c. 68)

Administration of Justice Act 1973 (c. 15)

Juries Act 1974 (c. 23)

Torts (Interference with Goods) Act 1977 (c. 32)

Administration of Justice Act 1977 (c. 38)

Unfair Contract Terms Act 1977 (c. 50)

Wales Act 1978 (c. 52)

Housing Act 1980 (c. 48)

Supreme Court Act 1981 (c. 54)

Occupiers’ Liability Act 1984 (c. 3)

Family Law Reform Act 1987 (c. 42)

Consumer Protection Act 1987 (c. 43)

Law Reform (Miscellaneous Provisions) Act 1989 (c. 34)

Sale of Goods (Amendment) Act 1994 (c. 32). .

Criminal Justice and Public Order Act 1994 (c. 33)

Treasure Act 1996 (c. 24)

Family Law Act 1996 (c. 27)

Defamation Act 1996 (c. 31)

Trusts of Land and Appointment of Trustees Act 1996 (c. 47)

Civil Procedure Act 1997 (c. 12)

Human Rights Act 1998 (c. 42)

Crime and Disorder Act 1998 (c. 37)

Government in Wales Act 1998 (c. 38)

Scotland Act 1998 (c. 38)

Contracts (Rights of ird Parties) Act 1999 (c. 31)

Civil Contingencies Act 2004 (c. 36)

Constitutional Reform Act 2005 (c. 4)

Compensation Act 2006 (c. 29)

Tribunals, Courts and Enforcement Act 2007 (c. 15)

Criminal Justice and Immigration Act 2008 (c. 4)

Coroners and Justice Act 2009 (c. 25)

Succession to the Crown Act 2013 (c. 20)

Defamation Act 2013 (c. 26)

Social Action, Responsibility and Heroism Act 2015 (c. 3)

Consumer Rights Act 2015 (c. 15)

Trade Union Act 2016 (c. 15)

Table of Cases

CASES CITED BY NAME

Abbots Ripton (Parson) v. Can (1376)

Abernethy v. Hutchinson (1825)

Acres v. Stutevill (1352)

Acton v. Symon (1634)

Adam the Apprentice, his Case (1321)

Adling eet v. Maidstone (1362)

Agar v. Lisle (1614)

Agmondesham’s Case (1590)

Albert (Prince) v. Strange (1849)

Aldred v. Benton (1610)

All Souls College, Case of, ex parte Heron (1655)

Allen v. Flood (1898)

Allen v. Gulf Oil Re ning Ltd (1981)

Alston v. Pamphyn (1596)

Amner d. Fulshurst v. Luddington (1583)

Andrew v. Boughey (1552)

Andrews v. Webb (1607) 106, 370

Angell v. Satterton (1663) 437

Anisminic Ltd v. Foreign Compensation Commission (1969)

Anns v. Merton L.B.C. (1978)

447, 449

Anstey Case (1158) 19, 135

Anton Piller K.G. v. Manufacturing Processes Ltd (1976) 216

Archbold v. Sweet (1832)

Archer’s Case (1595).

Archer (Justice), Re (1672)

Arglasse v. Muschamp (1682)

Armes v. Nottinghamshire C.C. (2017)

Armory v. Delamirie (1722)

Arris v. Stewkly (1677)

Arscott v. Escott (1528)

Arundel’s Case (1594)

Arundel (Earl) his Case (1500)

Ash v. Ash (1696)

Ashburn Anstalt v. Arnold (1989)

Ashby v. White (1703)

Ashford v. ornton (1818)

Asshecombe v. Accon (1400)

Astley v. Fereby (1510)

Aston v. Heaven (1797)

Att.-Gen. v. Barnard (1582)

Att.-Gen. v. Bastwick, Burton, and Prynne (1629)

Att.-Gen v. Brereton (1614)

Att.-Gen. v. Capel (1494)

Att.-Gen. v. Cooke and others (1569)

Att.-Gen. v. Donatt (1560)

Att.-Gen. v. East and How (1596)

Att.-Gen. v. Elliot, Holles, and Valentine (1628) 178, 509, 511

Att.-Gen. v. Gooderick (1612) .

Att.-Gen. v. Gresham (1596) 511

Att.-Gen. v. Joiners’ Company (1582) 481

Att.-Gen. v. Nichol (1809) 457

Att.-Gen. v. Northumberland (Earl) (1567) (Case of Mines)

Att.-Gen. v. Porter (1592) .

406

Att.-Gen. v. Poultney (1665) 56

Att.-Gen. v. Skynner and Catcher, sheri s of London (1588) 128, 507, 546

Att.-Gen. v. Strode (1629) .

Att.-Gen. v. Taylor (1678)

Att.-Gen. v. Tutchin (1704)

Att.-Gen. v. Ward, Barnes, and Smith (1628) 463

Aubrey v. Flory (1321)

Audelet v. Latton (1519–26)

Aumale (Countess) v. Countess of Gloucester (1276)

Aumeye’s Case (1305)

Austin v. Culpeper (1683)

Aylesbury v. Wattes (1382)

Ayton v. Van Santen (1665)

Bach v. Longman (1777)

Bacon v. Bacon (1640)

Bagg’s case (1615)

Baker’s Case (1410)

Bakere v. Londeneys (1384)

Baldeswell v. Pulter (1366)

Baldwyn v. Smyth (1585)

Banastre v. Banastre (1583)

Banbury v. Bank of Montreal (1918)

Bankes v. Allen (1615)

Barantine (Drew) his Case (1411)

Barber v. Colefax (1591)

Barfote v. Smyth (1533)

Barham v. Hayman (1561)

Barham v. Dennis (1600)

Barley, Case of. See Orwell v. Morto

Barnabas v. Traunter (1640)

Barnes’ Case (c. 1650)

Baron v. Wilson (1533)

Barre v. Hales (1329)

Barrow v. Lewellin (1614)

Barry v. Pierrpont (1287)

Bartie v. Herenden (1560)

Bartilmewe v. Shragger (1498)

Batty v. Metropolitan Pty Realisations Ltd (1978)

Bay eld v. Collard (1646)

Bayly v. Davye (1550)

Beamish v. Beamish (1861)

Beatrix, late Queen of Germany v. Earl of Cornwall (1274)

Beard v. Webb (1800)

Beauchamp (Lord) v. Cro (1497)

Beaufort (Cardinal) his Case (1453)

Beaulieu v. Finglam (1401)

Beckingham and Lambert v. Vaughan (1616)

Beding eld v. Leder (1585) .

Bellhouse v. Claveryng (1341)

Belyng’s Case (1312)

Bendlowes v. Kemp (a. 1584)

Berden v. Burton (1382).

Berenger v. Barton (1309)

Berford v. Balard (1389)

Berkeley Peerage Case (1861)

Bermondsey (Prior) v. Harding (1481)

Bernard’s Case (1133)

Bernardestone v. Heighlynge (1344)

Berrie’s Case (1599)

Berry v. Heard (1622)

Bespiche v. Coghill (1628)

Beswick v. Beswick (1966–68)

Beswick v. Cunden (No. 1) (1595) 455

Beswick v. Cunden (No. 2) (1596) 454, 455

Bettini v. Gye (1876)

Beverley v. Dodmore (1367)

Beverley (Provost) his Case. See Sutton’s Case

Biere v. Mule (1388)

Billyng v. Bullok (1359)

Binions v. Evans (1972)

Birch v. Wright (1786)

Birchester v. Leech (1390)

Bircot’s Case (1573)

Bishop v. Newman (1619)

Blackamore’s Case (1610)

Blacksmith ( e) his Case (1587)

Blades v. Higgs (1862)

Blakett’s Case (1410)

Blanchard v. Hill (1742)

Bland v. Moseley (1587)

Blanke v. Spinula (1520)

Blo eld v. Payne (1833)

Bluet v. Bowland (1472)

Blyth v. Birmingham Waterworks Co. (1856)

Blyth v. Topham (1607)

Bodenham v. Halle (1456)

Bodon v. Vampage (1507)

Bohun v. Broughton (1456)

Bole v. Horton (1673)

Boles v. Walley (1559)

Bonham’s Case (1610)

Bonham v. Lord Sturton (1554)

Boosey v. Whight (1900)

Boson v. Sandford (1689)

Botye v. Brewster (1595)

Boulston v. Hardy (1597)

Boulton and Watt v. Bull (1795)

Bourgchier v. Cheseman (1504) 421, 423, 576

Bourne v. Mason (1669) 377

Bowdo v. Bowdo (1542)

Bowdon v. Peleter (1315)

Bowen v. Hall (1881)

Bowles v. Bradshaw (1748)

Bowry v. Pope (1588)

Bradford Corp. v. Pickles (1895)

Bradley v. Methwyn (1735)

Bradshaw v. Nicholson (1601)

Bradshaw v. Porter (c. 1660)

Brancaster v. Master of Royston Hospital (1383)

Brent’s Case (1575)

Brent v. Haddon (1619)

Brett v. Read (1634)

Bretton v. Barnet (1599)

Bridlington v. Middleton (1388)

Bridge v. Wain (1816)

Bright v. Eynon (1757)

Bright v. Hutton (1852)

Brigs Case (1623)

Broad v. Jollyfe (1621). See Jollie v. Broad

Broadmeadow v. Rushenden (1364)

Broke v. Abbot of Woburn (1444)

Broker’s Case (1490). .

Bromage v. Genning (1616)

Broughton v. Prince (1589)

Broune v. Franceys (1521)

Brown v. Bridges (Lord) (1589) 119

Brown v. Edgington (1841) .

Browne (Serjeant) his Case (1532)

Browne v. London (1668)

Bruton (Prior) v. Ede (1470)

Bryant v. Herbert (1878)

Brydges v. Warnford (1553)

Buckeridge v. Sherly (1671)

Bukton v. Tounesende (Humber Ferry Case) (1348) 69, 351, 420

Bulkeley v. Wood (1591).

Bulmer Ltd v. Bollinger S.A. (1974)

Bulthorpe v. Ladbrook (1607)

Bunting v. Leppingwell (1585)

Burford v. Dadwel (1669) 92

Burgavenny (Barony), Case of (1604)

Burgess v. Wheate (1759)

Burgh v. Potkyn (1522) 325

Burgh v. Warnford (1553). See Brydges v. Warnford

Bushell’s Case (1670)

Butler v. Baker (1591)

Butler v. Butler (1657)

Butter eld v. Forrester (1809)

Butts v. Peny (1677)

Byard v. Bradell (1586)

Bydeford v. Aunfrey (1291)

Byrne v. Boadle (1863)

Bysshoppe v. Viscountess Mountague (1600)

Cadell v. Palmer (1833) .

Cadigan v. Say (1256) .

Caesar v. Corsini (1593)

Calton’s Case (1588)

Calvin’s Case (1609)

Calwodelegh v. John (1479)

Calye’s Case (1584)

Camillo Tank S.S. Co. Ltd v. Alexandria Engineering Works (1921)

Candler v. Crane, Christmas & Co. (1951) .

Canterbury (Archbishop) v. Abbot of Battle (1140)

Canterbury (Prior) his Case (1383)

Canterbury (Prior) v. Hore (1493)

Cantrell v. Churche (1601)

Caparo Industries plc v. Dickman (1990)

Capel’s Case (1592)

Capell’s Case (1494)

Carles v. Malpas (1455) 419

Carpenter’s Case (1558) 470

Carpue v. London & Brighton Rly Co. (1844).

Carr v. Lancashire and Yorkshire Rly Co. (1852)

Carrier ( e) his Case (1473)

Carter’s Case (1586)

Cartwright’s Case (1569)

Carvanell v. Mower (1533).

Carver v. Pierce (1647)

Catterall v. Catterall (1847) 522

Caunt’s Case (1430) 357, 380

Cavendish (Lord) his Case (temp. Eliz.)

Chabbok v. Saman (1361)

354

Chamber v. Mountegomery (1506) 544

Chamberlain v. Harvey (1697) 513

Chambers v. Jennings (1703)

Chandelor v. Lopus (1604)

Chandler v. Webster (1904)

Chandos (Lady) v. Sympson (1602)

Chaplain v. Shepherd (1315)

Charles v. Antoigne (1383)

Charnele v. Ferrers (1370)

Chedder v. Savage (1406)

Chikuma ( e) (1981)

Child d. Heath v. Baylie (1623)

Cholmeley v. Humble (1595)

Cholmley’s Case (1586)

Christ Church, Canterbury (Prior). See Canterbury (Prior)

Christie v. Griggs (1809)

Chudelegh v. Napton (1400)

Chudleigh’s Case (1594)

Churche v. Brownewick (1667)

Clark v. Chambers (1878)

Clarke v. Holmes (1862)

Clarke v. Johnson (1774)

446

445

.401

Clarke v. Manning (1608) 323

Clarke v. Shee and Johnson (1774) 400

Claxton v. Lilburn (1638)

Table of Cases

Clere v. Brooke (1573)

Clerk v. Ferour (1320)

Clerk v. More (1452)

Clerk v. Terrell (1507)

Clerk v. Winterbourne (1329)

Clerke v. Martin (1702)

Cleymond v. Vincent (1520)

Cli on (Sir Gervase) his Case (1600)

Co yn v. Gropall (1551)

Coggs v. Barnard (1703)

Cok v. Durant (1377)

Coke v. Rendlesham (1531)

Colan v. West (1367)

Cole’s Case (c

1625)

Cole v. Forth (1672)

Cole v. Saxby (1800)

Colgate v. Bacheler (1602)

Collins v. Jessor (1704)

Colman v. Grene (1528)

Colston v. Carre (1601)

Colthirst v. Bejushin (1550)

Combe v. Gargrave. See Marshalsea ( e), Case of Commendams, Case of (1616)

Compton (Sir Henry) his Case (c. 1621)

Constable’s Case (1601)

Constable v. Gamble (1601)

Conyngesby’s Case (1493)

Cook v. Fountain (1676)

Cook v. Grevvett (1671)

Cooke v. Wotton (1571)

Cooling v. Great Northern Rly Co. (1850)

Coombe v. Coombe (1881)

Cooper v. Chitty (1756)

Cooper v. Wandsworth Board of Works (1863)

Corbet’s Case (1599)

Corbet v. Stury (1292)

Corbett v. Corbett (1600)

Cordell’s Case (1573)

Core v. May (1536)

Cornewe, Ex parte (1475)

Corny and Curtis v. Collingwood (1676)

Cotterill v. Starkey (1839)

Cottington v. Hulett (1587)

Couch v. Steel (1854)

Coventry (Prior) v. Grauntpie (1309)

Cowell v. Edwards (1800)

Cowper v. Ash eld (1583)

Cowper v. Broun (1543)

Cox v. Gray (1610)

Cox v. Kitchin (1798)

Cox v. Matthews (1672)

Cox v. Ministry of Justice (2016)

Cranmer’s Case (1572)

Craw v. Ramsay (1670)

Crawford v. Whittal (1773)

Cremour v. Sygeon (1521–25)

Cressingham v. Bulmer (1301)

Creting’s Case (1373)

Cristy v. Sparks (1680)

Crito v. Emson (1506)

Crogate v. Marys (1608)

Cromwell (Lord) his Case (1581)

Cropp v. Tilney (1699)

Cross v. Gardner (1689)

Crow v. Rogers (1724)

Crowland (Abbot) v. rupp (1285)

Cunningham v. Laurents (1788)

Cuny v. Brugewode (1506) 430, 442

Curtes (Joan) her Case (1336) 532

Curtes v. Chersey (1559) 518

Cut v. Preston (1329)

D & F Estates Ltd v. Church Commrs (1988)

460

447, 449

Dacre of the South (Lord), Re (1535) 150, 178, 274

Dalby v. Berch (1330) 452

Dale’s Case (1585)

Dale v. Broune (1495)

Dalton v. Brereton (1370)

Dalton v. Mareschal (1369)

Danby v. wyng (1532)

Daniel v. Bere (1292)

Danvers’ Case (1433)

Darcy v. Allen (1602)

357, 381

Darley v. Reginam (1846) 156, 210

Darnel’s Case (1627)

Dartnal v. Morgan (1620)

Davenant v. Hurdys (1599)

Davie v. New Merton Board Mills (1959) 448

Davis Contractors Ltd v. Fareham U.D.C. (1956)

Davyes v. Gardiner (1593)

Davys v. Henbery (1536)

Dawney v. Dee (1620)

Day v. Edwards (1794)

Day v. Savadge (1614)

De Grey. See Grey

De Mara v. Bohun (1199)

De St Edmunds. See St Edmunds

Decker v. Pope (1757).

Deen v. Londonthorpe (1284).

Delabar and Delavall v. Gould (1661)

Delariver v. Spigurnel (1281)

Dell v. Hygden (1595)

Dent v. Scott (1648)

Derry v. Peek (1889)

Devon v. Norfolke (1671)

Dickinson v. Watson (1682)

Digges’s Case (1600)

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13. I was now reduced to the last extremity My sins were set in order before me, and had taken such hold upon me, that I was not able to look up. They were set in order in the dreadfulness of their nature and aggravations; my excuses baffled, and my mouth stopped before God. All the ways I had taken for my relief had deceived me; they were the staff of a broken reed; they pierced my arm when I essayed to lean upon them; and I was ashamed, and even confounded, that I had hoped. The wrath of God was likewise dropped into my soul, and the poison of his arrows drunk up my spirits Add to this, that I was still unsatisfied about religion, and my enemies often told me, that even in God there was no succour for me. Yea, sometimes Satan, to entangle me the more, assaulted all the truths of religion at once; and then I was utterly confounded, when the Lord commanded that my enemies should close me in on every side.

14. By the extremity of this anguish, I was for some time, about the end of ninety-seven, and the beginning of ninety-eight, dreadfully cast down. I was weary of my life. Oft did I use Job’s words, I loath it, I would not live alway And yet I was afraid to die. I had no rest; My sore ran in the day, and in the night time it ceased not. At night I wished for day, and in the day I wished for night. I said, My couch shall comfort me; but then darkness was as the shadow of death. I was often on the brink of despair. He filled me with bitterness, he made me drunk with wormwood. He removed my soul far from peace: I forgat prosperity. I said my hope and my strength are perished from the Lord. I wondered that I was not consumed; and though I dreaded destruction from the Almighty, yet I must have justified him if he had destroyed me. Thus I walked about dejected, weary and heavy laden: weary of my disease, and weary of my vain remedies; and utterly uncertain what to do next, or what course to take.

C H A P T E R II.

Of his deliverance from these temptations.

IT was in this extremity God stepped in; he found me wallowing in my blood, in a helpless and hopeless condition. I was quite overcome, neither able to fight nor fly, when the Lord passed by me, and made this time a time of love. Towards the beginning of February 1698, this seasonable relief came. I was then, as I remember, at secret prayer, when he discovered himself to me, when he let me see, that there are forgivenesses with him, and mercy, and plenteous redemption. He made all his goodness to pass, and he proclaimed his name, the Lord, the Lord God, merciful and gracious, long-suffering, and abundant in goodness and truth, keeping mercy for thousands, forgiving iniquity, transgression and sin; who will be gracious to whom he will be gracious, and will shew mercy to whom he will shew mercy. This was a strange sight to one who before looked on God only as a consuming fire, which I could not see and live. He brought me from Sinai, and its thundrings, to mount Sion, and to the blood which speaketh better things than that of Abel. I now with wonder beheld Christ in his glory, full of grace and truth. I saw that he, who had before rejected all my offerings, was well pleased in the Beloved, being fully satisfied, not only that there is forgiveness of sins, through the redemption which is in Jesus; but also, that God by this means might be just in justifying even the ungodly that believe in him. How was I ravished with delight, to see that such mercy might consist even with his inflexible justice and spotless purity? And yet more, when he let me see, that to me, even to me, was the word of this salvation sent; that even I was invited to come, and take the water of life freely! Farther, he discovered to me his design in the whole, even that no flesh might glory in his sight: that he might manifest the riches of his grace, and be exalted in shewing mercy. And when this strange discovery was made, of a relief which made full provision both for God’s glory and my salvation, my soul was sweetly carried out to rest in it, as worthy of God, and every way suited to my necessity.

2. All these discoveries were conveyed to me by his word: not indeed by one particular passage, but by the concurring light of many of its testimonies and promises, seasonably set home, and plainly expressing those truths; thus I found it to be the power of God unto salvation. But neither was it his word alone; for the same passages I had read before, and thought upon, without any relief; but now the Lord shined into my mind by them. Before this I knew the letter only, but now the words were spirit and life; a burning light by them shone into my mind, and gave me not merely some notional knowledge, but an experimental knowledge of the glory of God in the face of Jesus Christ. *And vastly different this was from all the notions I had before of the same truths. It shone from heaven: it was not a spark kindled by my own endeavours, but it shone suddenly about me: it came by a heavenly means, the word; it opened heaven, and discovered heavenly things; and its whole tendency was heavenward. It was a true light, giving true manifestations of the one God, and the one Mediator between God and man, and a true view of my state with respect to God, not according to my foolish imaginations. It was a distinct and clear light, not only representing spiritual things, but manifesting them in their glory, and in their comely order. It set all things in their due line of subordination to God, and gave distinct views of their genuine tendency. It was a satisfying light; the soul absolutely rested upon the discoveries it made: it was assured of them; it could not doubt if it saw, or if the things were so as it represented them. It was a quickening, refreshing, healing light. It arose with healing in its wings. It was a powerful light; it dissipated that thick darkness which overspread my mind, and made all those frightful temptations, that before tormented me, instantly flee before it. Lastly, It was a composing light; it did not, like a flash of lightning, fill the soul with fear and amazement; but it quieted my mind, and gave me the full and free use of all my faculties. I need not give a large account of this light, for no words can give a notion of light to the blind; and he that has eyes, (at least, while he sees it) will need no words to describe it. Proceed we, then, to its fruits, whereby the difference of it from all my former light will most evidently appear.

3. The first effect of it was an approbation of God’s way of saving sinners by Jesus Christ; as a way of relief in all respects suitable to the needs of a poor, guilty, self-condemned, self-destroyed sinner, who is at length beat from all other reliefs, and hath his mouth entirely stopped before God. In this I rested as a way full of peace and comfort, and providing abundantly for all those ends I desired to have secured. And this approbation discovered itself ever after in all temptations, by keeping up in me a settled persuasion, that God hath given to us eternal life, and this life is in his Son. And when afterwards I was under temptations, it still kept me firm in an absolute determination utterly to reject all other ways of relief, whether I found present comfort in this or no. This was also my only sanctuary against guilt; let me be found in him, not having mine own righteousness. And whenever God gave me a fresh beam of this light, all difficulties vanish’d away; then I rejoiced in Christ Jesus, and nothing was able to disturb me while it lasted; and ever after I was then only pleased, when I found my soul, in some measure, moulded into a compliance with the design of the gospel, emptied of myself, subjected to God, and careful to have him alone exalted.

4. A second effect of this discovery was, my eye began to be single, looking in all things, to the glory of God. I now desired that he alone, (which before I had no real concern for) might be glorified in my life, or by my death. I saw that shame and confusion belonged to me and to him only the whole glory of my salvation. I watched over the most secret ♦actings of pride, labouring to renounce it utterly, looking on it as my grand enemy, on which I was always to have an eye, and counting the power it still had, my greatest affliction. I never found comfort, but when this idol was discernably abased; and when ever this light shone in proportion to its clearness and continuance, the power of this was weakened in my soul, and I sought not myself but Christ Jesus.

♦ “actions” replaced with “actings” per Errata

5. A third effect of this light was with respect to his commandments, which I now saw were not grievous, but right concerning all things. I own’d his yoke to be easy, and his burden light. Amidst all temptations I knew the law was holy, just and good; I perceived too, that it was exceeding broad, extending even to the lightest motion of the heart. The duties I was most averse from before were now easy, pleasant, and refreshing. I saw a peculiar beauty in those laws in particular that crossed the sins which had the firmest rooting in my temper. None were so hateful to me; for none did I loathe myself so much; none was I so glad of a victory over My mind was continually engaged in contrivances for their ruin, which formerly, I still sought to spare. And would God have given me my choice, to have the laws against them blotted out, he knows I should not have chose it, and that I should have thought his law less pleasant and less perfect, had these prohibitions been wanting. I took pleasure in others only so far as there appeared in them any thing of an humble, self-denying conformity to his law, and had a fix’d dislike of the least inconformity thereto, either in myself or others. In a word I saw, that if I could reach holiness I should have pleasure, and peace, and liberty; that all wisdom’s ways, were ways of pleasantness; nor was any thing insupportable to me, but that remaining unsubdued corruption that would not stoop to put its neck under her yoke.

*6. A fourth effect of it was a right sorrow for sin, flowing from a deep sense of my ingratitude, to provoke such a God, who had prevented and still followed me with so much mercy. And this sorrow filled my heart with love to God, and his way, sweetened my soul, and endeared God to it. And the more God manifested his kindness, the more it increased; when he was pacified, I was ashamed and confounded; nor was it a burdensome, but a sweet and pleasant sorrow, as being the exercise of filial gratitude. This sense of my unkindness, when kept within, covered me with blushes; and I was eased, when God allowed me to vent my sense of it, and to pour it, as it were into his bosom. It was likewise a spring of activity in the way of duty. I was glad to be employed in the meanest work, which might shew how deeply sensible I was of my former disobedience. It was not as my late sorrow, pregnant with pride, stiffness and unwillingness to suffer any chastisement; but it humbled, softened the soul, and made it willing to bear the indignation of the Lord, since I had sinn’d against him. In a word, I was glad when God gave me my measure of it, and grieved when I found it wanting, and I cried to the Prince exalted for it, as a necessary help to the obeying his whole law.

7. A fifth effect of this light, was a comfortable hope of salvation, rising in strength, or growing more weak, as the discoveries of the way of salvation, were more or less clear and strong. I knew I could not fail of salvation, otherwise than by missing this way. Sometimes I doubted of myself, but not of the way; so far as I walked in it, I was sweetly satisfied that my expectation should not be cut off. And as this light shewed salvation in a way of self-denial, and trust only in the Lord, nothing so shook this hope, as the least stirring of pride. As this sight of the glory of the Lord always filled me with shame, so the deeper my humiliation the stronger was my confidence. And so far was this assurance from begetting negligence, that it could not consist with it. To intermit or neglect duty, razed the foundation, or at least, laid an insurmountable stop in the way of its progress.

8. Many other effects there were, too long to repeat at large. I felt a new and formerly unknown, love to all who seemed to have any thing of the image of God, though known only by report; and this evidenced itself in prayer for them, and sympathy with them in their afflictions. Again, I found my care of all God’s concerns enlarged, and I desired more and more, that he might be exalted upon earth. I was grieved at any loss his interest sustained, and zealous for his glory. To conclude, I found this light sweetly drawing me to a willing, chearful endeavour after holiness in all manner of conversation. Thus were all things in some measure become new; and I who a little before, with the goaler, had fallen down trembling, was now raised, and set down to feast with the disciples of the Lord, rejoicing and believing.

P A R T III.

C H A P T E R I.

Of the pleasure of this state; the mistakes attending it, and the way of their discovery.

THIS glorious discovery was very surprising: oft I stood and wonder’d what this strange sight meant. The greatness of the things God ♦had done surpassed belief; and yet the effects would not suffer me to doubt of them. Not that I distinctly observed them at the very first; the glory of the Lord was then so great, that for a time I fixed my eyes on that, and was less intent on the change which it wrought in me. Again, I was the less exact in observing them then, because of the darkness still remaining in me. I clearly saw the mystery of free justification through Christ, and peace by his blood: but I was still sadly ignorant of many of the most important things relating even to that mystery: as the daily application of that atonement, and the use of Christ with respect to sanctification, What therefore God did at this time I knew not now, but hereafter, when the Comforter had further instructed me in the gospel, as my exigencies required: then, at length, I saw distinctly the work of God, and what he had done for me.

♦ “hath” replaced with “had” per Errata

2. This discovery could not but be full of ravishing sweetness, considering the state wherein it found me. I was condemned by God and my own conscience, and under pressing fears of a present execution of the sentence. When the labours of the day required that I should sleep, and my body wasted with the disquiet of my mind, yet I was afraid to close my eyes lest I should wake in hell, and durst not suffer myself to sleep, till I was beguiled into it I knew not how. Was it strange, that the hopes of pardon were sweet to one in such a condition, whereby I laid down in safety and quiet rest, while there was none to make me afraid? A little before, the waters compassed me about, even to the soul! the deep closed me round about, I went down to the bottoms of the mountains, and said, I am cast out of God’s sight. Now, was it any wonder that such an one should rejoice, when brought into a garden of delights and set down under the refreshing rays of the sun of righteousness? And the things he discovered to me here were not only altogether new and such as I was utterly unacquainted with before; but also glorious in themselves. It was the glory of the Lord that shone round about me; and I saw such things as eye hath not seen, beside thee, O God. In a word, what I saw was (what the angels desire to look into) the mystery of godliness, the wonders of God’s law, and the unsearchable riches of his mercy.

3. This discovery was of longer continuance, and far brighter than any I have had since: it shone in its glory for ten days; nor was it quite gone for a long time after; and while it lasted, new discoveries were daily made. God carried me from one thing to another, and in this short space taught me more than I had learned by all my study in my whole life. Yea, he taught me the things I had learned before, in another, and quite different manner. Every day he instructed me out of the scriptures, walking and talking with me by the way, and opening them to me, which before was as a sealed book, wherein whatever I read was dark. Indeed all this time my mind was almost wholly taken up about spiritual things; and whatever occur’d in reading, meditation, converse, or daily observation, it (like a mold) cast into its own shape. All this while I was carried out to extraordinary diligence in duty. It was not as formerly, a burthen; but my heart was enlarged, so that I ran in the ways of God’s ordinances and commandments. And herein my soul often made me like the chariots of Aminadab, not easily to be stopped; sometimes to the disgust of these who did not taste the same ravishing sweetness which I enjoyed. But the life of all was, that God, by keeping his glory continually in my eye, kept me humble and self-denied all this while: seeing him I loathed myself. Beholding his glory I was in my own eyes as a grashopper, as nothing, less than nothing, and vanity. I gloried only in the Lord, rejoiced in Christ Jesus, and had no confidence in the flesh.

4. God had many gracious designs in this. I was sore broken and wounded, and he did this in tenderness; he bound up my wounds, he poured in oil, he made me a bed in my sickness. He watched me, and kept me from disturbance, till I was somewhat strengthened. I had been plunged into grievous and hard thoughts of him, as if he has forgotten to be gracious. Nor was I easily induced to believe good tidings; yea, though it was told me, I could not believe, till I had a clear sight of the waggons and provisions, and then my spirit revived. God in deep condescension, satisfied me that he was real, and had no pleasure in my death; and that the wound was not incurable, that it was not the wound of an enemy, or the stroke of a cruel one, but the wound of a friend in order to healing. He was now to make me sell all for that goodly pearl; and that I might be satisfied with my purchase, he let me see both what I was to leave, and what I was to obtain. Again, he knew what a wilderness I was to go through, and therefore fed me before I entered into it. Lastly, He designed to give me something which might be a stay in all succeeding trials. And often since, when my soul has been in heaviness, have I been cheared by the remembrance of it.

5. But, alas! I understood not this: I fancied this world would last always; I talked of building tabernacles here, and knew not I was to come down from the mount, and that my Lord would depart from me again. I dreamed not of learning, or having occasion for war any more; I expected no more to fight with my corruptions, but thought the enemies, which appeared not were dead, and that the “Egyptians were all drowned in the sea.” Accordingly I projected to tie myself up to such a bent, and to stint myself to such a method of living, as neither our circumstances and temptations, nor our duty in this world allows of. I could not endure to read those books which were really necessary to be read, and all the time I spent in them seemed lost. Yea, I began to grudge the time which my body absolutely required for sleep or other refreshments. Thus the devil secretly drove from one extreme to the other, knowing well, that I should not rest here, and that he could easily throw me back from this into the first, of assuming too great a latitude. I began likewise to reckon this enlargement of heart as my due, and as more mine own than it really was. And I looked on the stock I already had as sufficient to carry me through all my difficulties; and saw not, that the grace, which was sufficient for me, was yet in the Lord’s hand.

6. But now God began to undeceive me; he gave me a thorn in the flesh to humble me, and a messenger of Satan was sent to buffet me, who soon made me feel the fury of his temptations. Hereupon I fell into deep perplexity; I began to question the truth of former manifestations, to doubt of my own perseverance; yea, sometimes to quarrel secretly with God, as if he had beguiled me. I tried many ways, to escape; I thought upon God; I complained to him; I sought for the causes of my affliction; I essay’d to shake myself, and to go forth to duty as before; but alas! the Lord was departed from me; and the enemy, which lay in my bosom, had discovered my secret, and shorn me of my strength.

7. Yet I could not but see, when I recovered myself a little, after the violence of my conflict, that things were better with me now at my worst case, than formerly at my best. God frequently shewed me something of his power and glory; he open’d a scripture, and made my heart burn within me, or unfolded my case, and told me all that was in my heart; or let me see my desire upon my enemies. Sometimes he gave me access unto him, and made me come even to his seat, and pour out my heart before him. And when at the lowest, I was otherwise affected to Christ than before; my soul still longed after him; I essay’d to stretch out the withered hand, and wished for the command that would impower me to lay hold of him. I refused to go any where else, but resolved to wait on him, and to trust in him, even though he should slay me. And as to his law, though I could not run in it, my will was still toward it; I had no quarrel to it, but to myself; I breathed after conformity with it; I delighted therein after the inward man. And as to sin, though I was sometimes driven to it, this was just such a forced consent as before I gave to the law. Though it prevailed, my heart was not with it as before; I found another sort of opposition to it; and if ever it gained a victory, I was the more enraged against it. Lastly, This coldness was now a preternatural state: I cried daily, When wilt thou receive me? I loathed myself for it; I could not rest in it; I wearied myself with essaying to break my prison: I looked back to former seasons, and said, O that it were with me as in months past!

C H A P T E R II.

Of his fresh strugglings with sin; its victories; and the cause of them, and God’s goodness with respect to this trial.

1.FINDING my enemies had gained great advantage over me, by the security into which I was fallen, though I was unwilling to fight, yet upon their appearance I tried what weapons would be most successful. I objected to them, that now I was engaged to the Lord; I reasoned with them: I prayed against them. Nor could I then see, whence it was that they prevailed: but God hath since shewn me several reasons of it. I laid too much stress on the grace I had already received; I was not sufficiently watchful: the enemy put me on vain work; where the sin lay not in the thing itself, but in the degree of it, there he set me upon renouncing it in the gross, and rooting out what was in itself lawful. Of this I had many instances with respect to my passions, and worldly employments, and converse with sinful people. I still neglected some means of God’s appointment, under pretence of difficulties and inconveniences, and so prevented his blessing upon the rest. I was sometimes not single in my aims: I wanted a victory which would ease me of the trouble of watchfulness, I was weary of a fighting life, and desired to conquer, that I might be at rest. Lastly, when I was not quickly heard, I did not persevere in prayer, for grace to help in time of need.

2. Yet was God even then exceeding merciful to me: he kept me from giving quite over: when I had many times gone furthest into temptations, yet he came in with seasonable help; and frequently, when I was hard prest, he so cleared up to me my own sincerity, as emboldened me to appeal to him, which left me at liberty, under this new encouragement, vigorously to oppose all my enemies.

3. And God has since let me see, what gracious designs he carried on by these trials. Hereby he taught me, that all Christians must be soldiers; that our security as to future temptations does not lie in grace already received, but in having our way open to the throne of grace; that God deals it out in the proper seasons, whereof he alone is able to judge;¹ that the covenant of grace doth not promise entire freedom from sins of infirmity, nor even from wilful sins, otherwise than in the constant, as well as careful use, of all the means which he hath appointed. Hereby too he let me see, how displeased he was for my cleaving to sin so long. The sins that now frequently cast me down were those I sought to spare before. God cried often to me, to part with them, and I would not hear; and now God would not hear when I cried against them. Hereby also he discovered the riches of that forgiveness that is with him, that it reaches sins of all sorts, multiplied relapses not excepted. He that requires us to forgive seventy times seven, will not do less himself. And finally, he fitted me hereby to compassionate, and to comfort others also who were tempted.

¹ See the preface.

4. During all this time, besides sins of infirmity, my corruptions did sometimes bear me down to relapses, both into omissions of duties, and commission of known sins. And these being sins against light, love, and all sorts of engagements, lay heavy upon my conscience. I was much perplexed about them, my bones were broken, my spirit wounded exceedingly.

5. At some times, indeed, I was for a while hardened by the deceitfulness of sin, and senseless; at other times my heart instantly smote me, and I was immediately after my fall stirred up to the exercise of repentance. But sooner or later God set my sins in order before me, either by some outward or inward affliction (often so remarkably chosen, that the sin was wrote upon the punishment) or by his word, or his holy Spirit in his ordinances, which told me all that I had done.

6. Then was my soul troubled with fear and shame, and a sense of his anger, by which Satan often sought to drive me to despair. But God graciously brake the force of this temptation, sometimes by distant discoveries of forgiveness; sometimes by reminding me of his former kindness, or shewing me the fatal issue of casting away my confidence. *And when the temptation was most violently urged, I thought it no time to dispute, but allowed the worst the tempter could suggest, and then laid my case, in all its aggravations, to the extensive promises of the covenant. “Be it granted, said I, that I am but an hypocrite: that I never obtained pardon: that I am the chief of sinners; that my sins have such aggravations as the sins of no other man ever had;” yet the blood of Christ cleanseth from all sin, and he came to save the chief of sinners.

*7. When I had got thus far, I got up again as I could, and sought him in all the duties of his appointment. Nor was it long (if I humbly and patiently continued in this way) before I found him, as at the first. He set my sin, in all its aggravations, before me; he led me up to original sin, the source of all: he cut off all excuses, and left me selfconvicted, owning that any punishment on this side hell would be mercy. Then he stepped in, and made a gracious discovery of the fountain opened for sin, and for uncleanness. He drew my soul to close with, and with trembling to lay stress upon it. Having by this look drawn my eyes to look at him again, while I looked, my soul melted into tears; my heart, before bound up, was loosed; and my lips, before closed, were opened. While he thus answered me, and I could scarce believe the news, he created peace by the fruit of his lips, and as it were forced it upon my soul, and shed abroad his love in my heart

8. Before I conclude this head, I must observe, 1. That sometimes this work was wrought gradually; sometimes all at once, and in a moment. 2. Sometimes I sought peace long before I obtained it; sometimes God surprized me immediately upon my sin, before I had thought in the least what I had done, and gave me such a look as made me weep bitterly. And when it was thus, it pierced through my soul, filling me with the deepest loathing of my ♦sin, and the highest wonder at the riches, freedom, and astonishing sovereignty of his grace.

♦ “soul” replaced with “sin” per Errata

9. There was a great difference as to the continuance of these impressions, and likewise as to the degrees of them. At some times, my convictions and humiliations were deeper, and my faith and hope far clearer than at others. But amidst all these accidental differences, the substance of the work was always the same. I would observe, lastly, That the most terrible enemies are not the most dangerous. While I was attacked by plain sins, I was easily convinced and alarmed at them, which was attended with all these happy effects; whereas I have been since assaulted by less discernible evils, sins under the mask of duties; and these secretly devour the strength, and are ♦with difficulty discovered in their exceeding sinfulness.

♦ inserted word “with” per Errata

*I must not pass over without notice, that when I first felt forgiveness of sins, I was much exercised with, and troubled for, sins of infirmity and daily incursion: of this I shall give a more distinct account. 1. When God manifested himself, his enemies fled before him: they received a stunning stroke, and vanished away at the brightness of his appearing. He, for a time bore down corruption, chained up Satan, and kept me from any, the least disturbance from them. 2. It was some time before my stronger enemies appeared again; presumptuous sins did not soon approach me; I first found the remaining power of sin only by the invasion of sins of daily infirmity, particularly deadness in prayer. 3. Hereupon I began to be much discouraged, neither understanding my present state, nor the provision made for the case in the covenant of grace, by a daily application of the blood of ♦atonement. 4. When my fond expectation was disappointed, I at first essayed to humble myself distinctly for each of these transgressions. But finding my whole time would not suffice for this, I was obliged to go with them all at once, and plunge into the fountain opened for sin, and for uncleanness. I took a view of myself defiled by innumerable evils, and under a sense of them cast myself on the glorious atonement, and relied for the cleansing me from them all on that blood which cleanseth from all sin. 5. To clear this matter yet further, I observe, that the light which first discovered this plenteous redemption, tho’ variously clouded, yet was never quite lost. A child of light is never in utter darkness. He has, indeed, a summer’s sun, that shines longer, brighter, and warmer; and his winter’s sun, which shines more faintly. He has fair and rainy days; he has a changeable intercourse of day and night: but light more or less, there is always.

♦ “attonement” replaced with “atonement”

10. Upon the whole, we may remark, 1. That we may heal our wounds slightly; but it is God’s prerogative to speak solid peace. 2. That considering our unbelief, and pride of heart, it is not easy to win a sinner to believe, that the forgiveness, which is with God, is able to answer all necessities. And when the soul is in some measure satisfied with this and willing to come to God daily for grace and mercy, it is not easy to keep up either a due abhorrence of sin, or a due sense of that boundless mercy. *Yea, here lies one of the greatest secrets of practical godliness, and the highest attainment in close walking with God, to come daily and wash, and yet retain as high a value for this discovery of forgiveness, as if it were only to be had once, and no more. The more we see of it, the more, doubtless, we ought to value it; whereas on the contrary, unless the utmost care be used, our hearts turn formal, and count it a common thing. I observe, ♦3. That the joy of the Lord is then only to be retained, when we walk tenderly and circumspectly: being inconsistent not only with any gross sin, but with any remissness of behaviour. And, lastly, That when I was at the lowest ebb, I have often recovered myself by thankfulness. If you ask, What I had then to be thankful for? I answer, I began thus: “What a mercy is it I am out of hell! Blessed be the Lord for this.” Again: “What a mercy is it, that he hath given me to see, and thank him for that mercy! Blessed be the Lord for this likewise.” And thus I have gone on, till he hath led me to a sense of his love, and restored comfort to my soul.

♦ “5 ” replaced with “3 ”

♦C H A P T E R III.

♦ “PART” replaced with “CHAPTER”

A more particular account of his preceding doubts, concerning the being of God, and deliverance from them.

1.I

BEFORE mentioned the trials I had about the being of a God, almost as soon as I had any concern about religion. But at first I had no arguments, urged against it: only seeing this was the hinge on which all religion turned, I found myself at a loss for evidence so clear and strong, and convincing, as I thought necessary, with respect to a truth, whereon so much weight was to be laid. I said, “Very great things are demanded of me, and I am called to hope for great things; but, before, I trust so far, I would know more of that God, in whom I am to trust.”

2. But afterwards, when I was more estrang’d from God, and intent upon abstract subtleties, the devil took his opportunity, and said daily, “Where is now thy God?” He then triumph’d, “Where is now that mouth, with which thou hast so often reproached Atheists?” These are the arguments they have; come forth then, try thy strength, and fight them.