The History of the Worthies of England, Part 2 · County 26 · Section 9
Writers on the Law.
FLETA or FLEET. We have spoken formerly of the Fleet as a Prison, but here it importeth a person disguised under that name, who, it seems being committed to the Fleet, therein wrote a Book of the Common Laws of England, and other Antiquities. There is some difference concerning the Time, when this Learned Book of Fleta was set forth, but it may be demonstrated done before the fourteenth of the Reign of King Edward the Third: for he saith*Lib▪ 1. cap. 30 that it is no Murder except it be proved that the Party slain was English and no Stranger, whereas this was altered in the fourteenth year of the said*Sratutes 14. Edw. 3. cap. 4. King, when the killing of any (though a Forreigner living under the Kings protection) out of prepensed Malice, was made Murder.
*Cowels Interp. de verbo Fleta.He seemeth to have lived about the End of King Edward the Second, and beginning of King Edward the Third. Seeing in that Juncture of Time, two Kings in effect were in being, the Father in right, the Son in might, a small contempt might cause a confinement to that place, and as Loyal ubjects be within it as without it. Sure it is, that (notwithstanding the confinement of the Author) his Book hath had a good passage, and is reputed Law to posterity.
CHRISTOPHER St. GERMAN. Reader wipe thine eyes, and let mine smart, if thou readest not what richly deserves thine observation; seeing he was a person remarkable for his Gentility, Piety, Chastity, Charity, Ability, Industry and Vivacity.
1. Gentility; descended from a right ancient Family, born (as I have cause to believe) in London, and bred in the Inner Temple in the Study of our Laws.
2. Piety; he carried Saint in his nature (as well as in his Surname) constantly reading and expounding every night to his Family, a Chapter in the Bible.
3. Chastity; living and dying unmarried without the least spot on his Reputation.
4. Charity; giving consilia and auxilia to all his*Bale de scrip. Brit. c. 8. n. 75. People gratis. Indeed I read of a Company of …hysicians in Athens, called foreign, because they would take no Money of their Patients, and our St. German, was of their Judgement as to his Clients.
5. Ability; being excellently skill'd in Civil, Caxon and Common Law; so that it was hard to say wherein he excelled. Add to these his skill in scripture, witnesse his Book called The Doctor and Student: where the former vics Divinity with the L…w of the later.
6. Industry; he wrote several works wherein he plainly appeareth not only a Favourer of, but Champion for the Reformation.
7 Vivacity; L…ving to be above eighty years old, and dying anno Dom. 1593. was buryed at St. Alphage London, near Criplegate.
WILLIAM RASTAL, was born in this City (Sisters Son to Sir Thomas More) and was bred in the Study of our Common Law, and whoever readeth this passage in Pitz., will thence conclude him one of the two Chief Justices of England,
Pitz. de Ang. Script. Aetat. 16. anno 1565.
Factus est Civilium & Criminalium causarum alter ex duobus per Angliam supremis Judicibus;
whereas in deed he was but one of the Justices of the Kings Bench: yet his Ability and Integrity, did capacitate him for higher preferment, being also a person of Industry. He wrote the Life and set forth the Works of his Uncle More, made a Collection of, and Comment on the statutes of England.
Great was his Zeal to the Ro…ish Religion▪ flying into Flanders, with the changing of his Countrey (under King Edward the Sixth) he changed the nature of his Studies, but then wrote worse Books on a better subject, I mean Divinity. He undertook Bishop Juel, as much his over match in Divinity, as Rastal was his, in the common Law. The Papists are much pleased with him, for helping their cause (as they conceive) and we are not angry with him, who hath not hurt ours in any degree.
He dyed at Lovain 1565. and lyeth buryed with his Wife in the same Tomb, and this Epitaph may be bestowed on him.
Rastallus tumulo cum conjuge dormit in uno,
Unius carnis Pulvis & unus erit.
Know that Winifrid Clement his Wife, was one of the greatest Female Scholars, an exact Grecian, and (the Crown of all) most pious according to her perswasion.