Rastell’s Pastyme of People: Monarchy and the Law in Early Modern Historiography Peter C. Herman San Diego State University San Diego, California . What law is there to take upp Armes against the prince in Case hee breakes his Covenant? . Though there bee no written law for it yet there is Custome which is the best Law of the Kingdome; for in England they have allwayes done it. —Selden, Table Talk The prevailing view among literary critics and historians is that early mod- ern historiographers wrote conservative texts, monarchist in orientation, which unreflectively supported the legitimating myths of the Tudor dynasty.1 Even though Annabel Patterson overturned this model in Reading Holin- shed’s “Chronicles” by providing copious evidence for reading the Chronicles as multivocal, ideologically capacious, and sympathetic to “instances of active social protest,” subsequent scholarship has, it seems, decided to remain unconvinced.2 In Engendering a Nation, Jean Howard and Phyllis Rackin still maintain that early modern historiographers provided “a traditional rationale for newly acquired power and privilege. Invoking the legendary names of Brute and Arthur, Tudor historians produced fables of ancient descent and providential purpose to validate a new dynasty’s claim to the English throne.”3 And in Historiography and Ideology in Stuart Drama, Ivo Kamps continues in this vein, arguing that early modern historiography is essentially “orthodox” and that it never “called for radical changes in the monarchy.”4 This refusal to accept Patterson’s conclusions about historiography in general and the Chronicles in particular certainly demonstrates how at times, not even overwhelming evidence can displace a deeply entrenched Journal of Medieval and Early Modern Studies 30:2, Spring 2000. Copyright © by Duke University Press / 2000 / $2.00. critical paradigm that provides a highly seductive straw argument. An addi- both issues, Rastell sided with the commoners.”12 Reed no doubt exaggerates tional reason, however, for the resistance to Patterson’s revisionary thesis when he writes that “Rastell emerged from these and like experiences a rad- might be her sense that contestatory historiography begins with the Chroni- ical reformer.” Like More, Rastell involved himself far too much with the cles, that this massive volume constitutes the exception rather than the rule.5 government to earn the epithet “radical.” Yet Reed rightly senses that “there One can find, however, similar positions to the ones Patterson rightly finds is little in the social criticism of his brother-in-law’s Utopia with which he constitutive of Holinshed’s Chronicles in much earlier texts, as in John would not find himself in hearty agreement.”13 Rastell’s important but neglected The Pastyme of People (1529).6 Like Once he left Coventry, Rastell very quickly established himself as a Thomas More’s History of King Richard III (ca. 1515) and anticipating lawyer and a printer catering to the legal trade, starting his press sometime Holinshed’s Chronicles, Rastell uses history as a vehicle for dissent, in partic- between 1510 and 1519,14 and while we will never know what exactly ular to register his distaste for the domestic results of Henry VIII’s French prompted Rastell to set up shop, it is clear that he regarded his publishing wars. Rastell’s Pastyme demonstrates that English historical writing did not ventures as something more than just a good business opportunity, as his always construct “its readers as hereditary subjects of the English kings legal texts clearly furthered his earlier politics. Rastell evidently envisioned whose narrative of dynastic succession it recounts.” Nor did it always endorse himself empowering the nonelite by making available England’s legal tradi- the proposition that “[t]o be English is to be a subject of the English king.”7 tions, and the Pastyme contributes to this project. Indeed, this text may be Quite the opposite, for Rastell’s history is more about the customary limits the first constitutional history of England as the Pastyme consistently insists on monarchical power and what happens when monarchs overstep the on the contractual nature of monarchy and the legitimacy of deposing a bounds set for them by English common law. monarch who rules by will rather than by law.15 It is possible that the source for Rastell’s ideological independence lies in his formative years in Coventry, as A. W. Reed suggests.8 Following I the family tradition (his father and grandfather were lawyers), Rastell attended the Middle Temple in London, and then returned home to Coven- Near the start of the Pastyme, Rastell includes an extraordinary passage: try to practice, where he succeeded his father as coroner. Rastell’s immersion Also after that there was a new order & dygnyte made among the in local affairs is significant, for Coventry was a town in serious economic romayns which was callyd a Dictator . [who] was chaungeable trouble due to the combined effects of the enclosure movement and the every half yere & sometyme after at every thryd yeere as some evaporation of the town’s textile industry. The rapidly deteriorating eco- wryters affyrme and some tyme at every .v. yere & when his yerys nomic decline led to an exodus of people seeking better opportunities else- was past and he dyschargyd of his auctoryte he shuld be answere- where, including John Rastell.9 But before he left, Rastell would have been able to all byllis & complayntis that any of the people could alegge fully exposed to the class and social tensions resulting from economic dislo- agayn hym and ponyshed for every thyng that he had done cation. The town had a history of enclosure riots (1421, ca. 1430, 1469, contrary to Justyce therefore there was ever so good & Indyfferent 1473, 1495, and 1509), and these led to “a general resentment under a sense Justice usyd and had among the romayns that all the world spake of oppression,” as Reed puts it.10 Yet while Coventry provided Rastell with of [the] honor and the executynge of which good and indefferent many examples of exploitation, it also provided instances of wealthier citi- Justyce cawsed them to grow in riches and to be of power & zens taking the side of the less fortunate, and Rastell seems to have taken strength above any people in the world therefore wold good it were these role models to heart, for in his Coventry legal work “Rastell’s sympa- so usyd at this day in the realme of England that every Jugge and thies appeared to be with the commoners and craftsmen against the ruling other offyciers having auctoryte to execute the lawis or to governe or to classes.”11 His practice “required him to participate in many chancery suits rule in any office should be removable at .iiii. or .v. yere or lesse & of which there are extant records. They show his interest in social reforms, then to answere to all complayntis that shuld be allegid agayns him particularly the dispute over the public grazing rights and the revolt of the and to be ponished for every offence that he had committid in his citizens who wanted public instead of religious supervision of schools. On 276 Journal of Medieval and Early Modern Studies / 30.2 / 2000 Herman / Rastell’s Pastyme of People 277 rome and then ther wold not be so mich extorcione and oppressione of rich merchants were not the only groups who considered the king’s demands the pore people nor so many injuries as is nowadays. (213–14, my outrageous. When Parliament prorogued after acquiescing to some of Henry’s emphasis)16 financial demands, “the common people saied to the Burgesses, sirs, we heare saie you will graunt iii.s. of the pound, we advise you to do so that you maie This section demonstrates that Rastell’s text does not fit any of the standard go home, with many evill woordes, and threatenynges” (657). In October, definitions of early modern historical writing. First, his attack on those who Wolsey sent out commissions to collect the subsidy before it was actually due, “rule in any office” shows that he has no interest in supporting the powers- and Hall makes clear both his and the people’s attitude toward this new pro- that-be or in validating the Tudors’ claim to the throne by praising the jus- cedure: “This payment was called an Anticipacion, which is to say, a thing tice they and their magistrates dispense. Second, Rastell’s overt condemnation taken or a thing comyng before his tyme or season: This terme was new to the of the oppression of the poor “nowadays” at the hands of those “having auc- cominaltie, but they payd wel for theyr learnyng, for their money was paied toryte to execute the lawis” demonstrates that the Pastyme in no way reflects out of hand without delay” (672). As a commissioner charged with collecting a “conservative ideology of obedience, duty and deference to social and yet another subsidy (this one for the maintenance of the king’s household), political hierarchy.”17 Far from exhibiting deference to hierarchy, Rastell uses Rastell probably witnessed, if not personally experienced, some of this anger history as an occasion to condemn abuses precisely by those the poor are against both the amount and the method of taxation. supposed to obey without question. Furthermore, despite Kamps’s assertion Wolsey exacerbated the ill will toward himself, the king, and the war that historiography never called for “radical changes” in the structure of gov- by announcing in 1524 that he required even more money so that Henry ernment, Rastell suggests that everyone charged with governing, in any himself could go to France in the appropriate style. Hall reports that “the office, a phrase that includes the monarchy (at the very least, Rastell does not poore curssed, the riche repugned, the light wittes railed, but in conclusion, exclude it from this formulation), ought to be answerable for their actions all people curssed the Cardinal, and his coadherentes as subversor of the and punished for all offences.