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maintain God's ministers. And so we see in example, that divers godly and well-disposed persons, not impropriators, are content to increase their preachers' livings, which, though in law it be but a benevolence, yet before God it is a conscience. Farther, that impropriation should not be somewhat more deeply charged than other revenues of like value, methinks, cannot well be denied, both in regard of the ancient claim of the church, and the intention of the first giver: and again, because they have passed in valuation, between man and man, somewhat at the less rate, in regard of the said pretence or claim of the church in conscience before God.'
To these most temperate and judicious observations, we will add, that much of that confusion of thought, so often shown in conversation and in writing, when questions relating to property are discussed, principally arises from the ambiguity of the word rights. This term is used sometimes in its
moral, and sometimes in its etymological, sense; and if we take the trouble to cast the arguments, or rather apparent arguments, that are often used on these subjects, into the syllogistic form, it will not unfrequently happen, that we shall detect the sophism which logicians call fallacia equivocationis. It will be found that the middle term is either used in one sense in the first proposition, and in a different one in the second, or that the terms of the conclusion are not taken in the same sense as in the premises. It will, therefore, be well to bear in mind, that whenever we speak of the rights of a subject as a subject, the word
rights' is used in its etymological, not its moral, sense. Nothing more is signified by this term than, that a subject is entitled to what is ordered by the laws of his country. Ordinances of some kind are of course involved in the very idea of government, and government is but the machinery employed by the nation, for ensuring the security of property, and the personal safety of the people. Private property seems to be nothing more than a mode of enjoying the public property, and depends entirely upon the law of the land. Instead of things being enjoyed in common, it is expedient that each individual should have a right of property independent of his fellow men, and the nature and extent of this right 'must 'necessarily be prescribed by the nation, through its organ, the government. An individual, or corporate body, therefore, as against another of the same nation, is entitled to an exclusive right of property, because it is so ordered by the law; as against a foreign people, occupancy, in the absence of any international territorial treaty, is the only foundation of title.
On the 7th March, 1619, Bacon' was appointed 'lord Keeper of the Great Seal. Parliament had formerly ordained, * that the office of lord Keeper should not be distinct
* 28 Hen. III; and see Dugdale's Orig. Jurid.
from that of Chancellor, but this law seems not to have been strictly observed. To put an end to the doubts as to the extent of the lord Keeper's authority, sir Nicholas Bacon obtained an act,* by which it was declared that he had the like place with the Chancellor. It may not be uninteresting to observe, that as lord Keeper, sir Francis Bacon, was allowed 'for his wages, dietts, robes, and liveries of himself and the masters of chancery,' five hundred and fortytwo pounds, fifteen shillings, sterling yearly, and for his attendance in the Star-Chamber, after the rate of fifty pounds sterling every term. In addition, he received, annually, three score pounds for twelve tons of wine, and sixteen pounds for wax.*
On taking his place in chancery, 'there was,' says Bacon, much ado and a great deal of world, but this matter of pomp, , which is heaven to some men, is hell to me, or purgatory at least.'* So assiduously did he engage in the duties of his office, (and it should be remembered, that his predecessor was an infirm old man,) that in a letter to Buckingham, dated the 8th of June, 1617, he was enabled to say, This day I have made even with the business of the kingdom for common justice; not one cause unheard; the lawyers drawn dry of all the motions they were to make; not one petition unanswered. And this, I think, could not be said in our age before. This I speak, not out of ostentation, but out of gladness, when I have done my duty. I know men think I cannot continue if I should thus oppress myself with business; but that account is made. The duties of life are more than life; and if I die now, I shall die before the world be weary of me, which, in these times, is somewhat rare.'t
* 5 Eliz. cap. 18; Spelman's Gloss. verb. Cancellarius.
| Rymer's Fædera, vol. 17, p. 1. The present salary of the Chancellor is fourteen thousand pounds, with a retiring pension of five thousand pounds.