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SPEECH OF THE KING'S SOLICITOR,

USED INTO

TIJE LORDS AT A CONFERENCE BY COMMISSION FROM THE COMMONS, MOVING AND PERSUADING THE LORDS TO JOIN WITH THE COMMONS IN PETITION TO THE KING, TO OBTAIN

LIBERTY TO TREAT OF A COMPOSITION WITH HIS MAJESTY FOR

WARDS AND TENURES.

IN THE PARLIAMENT 7 JACOBI.

The knights, citizens, and burgesses of the treaty is granted : but the former two indeed may House of Commons have commanded me to deliver exclude treaty, and cut it off before it be adto your lordships the causes of the conference by mitted. them prayed, and by your lordships assented, for Nevertheless, in this that we shall say concernthe second business of this day. They have had ing those two, we desire to be conceived rightly: report made unto them faithfully of his majesty's we mean not to dispute with his majesty what answer declared by my lord treasurer, touching belongeth to sovereign honour or his princely contheir humble desire to obtain liberty from his ma- science; because we know we are not capable to jesty to treat of compounding for tenures. And, discern of them otherwise than as men use somefirst, they think themselves much bound unto his times to see the image of the sun in a pail of majesty, that in “re nova,” in which case princes water. But this we say for ourselves, God forbid use to be apprehensive, he hath made a gracious that we, knowingly, should have propounded any construction of their proposition. And so much thing, that might in our sense and persuasion they know of that, that belongs to the greatness touch either or both; and therefore herein we of his majesty, and the greatness of the cause, as desire to be heard, not to inform or persuade his themselves acknowledge they ought not to have majesty, but to free and excuse ourselves. expected a present resolution, though the wise And, first, in general, we acknowledge, that man saith, “ Hope deferred is the fainting of the this tree of tenures was planted into the prerogasoul." But they know their duty to be to attend tive by the ancient common law of this land : his majesty's times at his good pleasure. And that it hath been fenced in and preserved by many this they do with the more comfort, because that statutes, and that it yieldeth at this day to the in his majesty's answer, matching the times, and king the fruit of a great revenue. But yet, notweighing the passages thereof, they conceive, in withstanding, if upon the stem of this tree may their opinion, rather hope than discouragement. be raised a pillar of support to the crown perma

But the principal causes of the conference now nent and durable as the marble, by investing the prayed, besides these significations of duty not to crown with a more ample, more certain, and more be onnitted, are two propositions. The one, mat- loving dowry, than this of tenures; we hope we ter of excuse of themselves ; the other, matter of propound no matter of disservice. petition. The former of which grows thus. Your But to speak distinctly of both, and first of lordship, my lord treasurer, in your last declara- honour: wherein I pray your lordships, give me tion of his majesty's answer, according to the leave, in a subject that may seem “supra nos," attribute then given unto it by a great counsellor, to handle it rather as we are capable, than as the bad imaginem Cæsaris” fair and lively graven, matter perhaps may require. Your lordships well inade this true and effectual distribution, that know the various mixture and composition of our there depended upon tenures, considerations of House. We have in our House learned civilians honour, of conscience, and of utility. Of these that profess a law, that we reverence and somethree, utility, as his majesty set it by for the pre- limes consult with: they can tell us, that all the sent, out of the greatness of his mind, so we set laws “de feodis” are but additionals to the anit by, out of the justness of our desires: for we cient civil law; and that the Roman emperors, in never meant but a goodly and worthy augmenta- | the full height of their monarchy, never knew tion of the profit now received, and not a diminu- them; so that they are not imperial. We have tion. But, to speak truly, that consideration fall- 'grave professors of the common law, who will ct naturally to be examined when liberty of define unto us that those are parts of sovereignty, Vol. 11.-35

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and of the regal prerogative, which cannot be individuo,” prefer the prerogative of the father communicated with subjects : but for tenures in before the prerogative of the king: for if lands substance, there is none of your lordships but descend, held in chief from an ancestor on the have them, and few of us but have them. The part of a mother, to a man's eldest son, the father king, indeed, hath a priority or first service of his being alive, the father shall have the custody of tenures; and some more amplitude of profit in the body, and not the king. It is true that this is that we call tenure in chief: but the subject is only for the father, and not any other parent or capable of tenures ; which shows that they are ancestor : but then if you look to the high law of not regal, nor any point of sovereignty. We have tutelage and protection, and of obedience and gentlemen of honourable service in the wars both duty, which is the relative thereunto: it is not by sea and land, who can inform us, that when it said, “Honour thy father alone,” but “ Honour is in question, who shall set his foot foremost to-thy father and thy mother," &c. Again, the civiwards the enemy; it is never asked, Whether he lians can tell us, that there was a special use of holds in knight's service or in socage? So have the pretorian power for pupils, and yet no tenures. we many deputy lieutenants to your lordships, The citizens of London can tell us, there be courts and many commissions that have been for mus- of orphans, and yet no tenures. But all this ters and levies, that can tell us, that the service while we pray your lordships to conceive, that and defence of the realm hath in these days little we think ourselves not competent to discern dependence upon tenures. So, then, we per- of the honour of his majesty's crown, or the ceive that it is no bond or ligament of govern- shrine of his conscience; but leave it wholly ment; no spur of honour, no bridle of obedience. unto him, and allege these things but in our own Time was, when it had other uses, and the name excuse. of knight's service imports it: but “ vocabula For matter of petition, we do continue our most manent, res fugiunt.” But all this which we humble suit, by your lordships' loving conjunchave spoken we confess to be but in a vulgar capa- tion, that his majesty will be pleased to open city; which, nevertheless, may serve for our ex-junto us this entrance of his bounty and grace, as cuse, though we submit the thing itself wholly to to give us liberty to treat. And, lastly, we know his majesty's judgment.

his majesty's times are not subordinate at all but For matter of conscience, far be it from us to to the globe above. About this time the sun hath cast in any thing willingly, that may trouble that got even with the night, and will rise apace; and clear fountain of his majesty's conscience. We we know Solomon's temple, whereof your lorddo confess it is a noble protection, that these ship, my lord treasurer, spake, was not built in young birds of the nobility and good families a day: and if we shall be so happy as to take the should be gathered and clocked under the wings axe to hew, and the hammer to frame, in this case, of the crown. But yet “ Naturæ vis maxima:" we know it cannot be without time; and, thereand “Suus cuique discretus sanguis." Your fore, as far as we may with duty, and without lordships will favour me, to observe my former importunity, we most humbly desire an acceleramethod. The common law itself, which is the tion of his majesty's answer, according to his best bounds of our wisdom, doth, even “in hoc good time and royal pleasure.

A FRAME OF DECLARATION

FOR THE

MASTER OF THE WARDS,

AT HIS FIRST SITTING.

The king, whose virtues are such, as if we, novelty, but by way of reformation, and reducthat are his ministers, were able duly to correspond tion of things to their ancient and true institution. unto them, it were enough to make a golden time, Wherein, nevertheless, it is his majesty's exhath commanded certain of his intentions to be press pleasure it be signified, that he understands published, touching the administration of this this to be done, without any derogation from the place, because they are somewhat differing from memory or service of those great persons which the usage of former times, and yet not by way of have formerly held this place, of whose doings

RAL GOOD.

his majesty retaineth a good and gracious remem- | and other inferior ministers of like nature, by brance, especially touching the sincerity of their colour of his tenures ; of which part I say nothing own minds.

for the present, because the parties whom it conBut, now that his majesty meaneth to be as it cerns are for the most part absent: but order shall were master of the wards himself, and that those be given, that they shall give their attendance the that he useth be as his substitutes, and move last day of the term, then to understand further wholly in his motion; he doth expect things be his majesty's gracious pleasure. carried in a sort worthy his own care.

Thus much by his majesty's commandment; First, therefore, his majesty hath had this now we may proceed to the business of the princely consideration with himself, that as he is court. "pater patriæ," so he is by the ancient law of this kingdom "pater pupillorum,” where there is

DIRECTIONS any tenure by knight's service of himself; which

FOR THE MASTER OF THE WARDS TO OBSERVE, FOR extendeth almost to all the great families noble

HIS MAJESTY'S BETTER SERVICE, AND THE GENEand generous of this kingdom: and, therefore, being a representative father, his purpose is to imitate, and approach as near as may be to the First, That he take an account how his majesduties and offices of a natural father, in the good ty's last instructions have been pursued; and of education, well bestowing in marriage, and pre- the increase of benefit accrued to his majesty servation of the houses, woods, lands, and estates thereby, and the proportion thereof. of his wards.

Wherein first, in general, it will be good to For, as it is his majesty's direction, that that cast up a year’s benefit, viz.: from February, part which concerns his own profit and right be 1610, which is the date of the instructions under executed with moderation; so, on the other side, the great seal, to February, 1611; and to compare it is his princely will that that other part, which the total with the former years before the instrucconcerneth protection, be overspread and extended tions, that the tree may appear by the fruit, and to the utmost.

it may be seen how much his majesty's profit is Wherein his majesty hath three persons in his redoubled or increased by that course. eye, the wards themselves, idiots, and the rest of Secondly, It will not be amiss to compute not like nature; the suitors in this court; and the only the yearly benefit, but the number of wardsubjects at large.

ships granted that year, and to compare that with For the first, his majesty hath commanded the number of former years; for though the numspecial care to be taken in the choice of the per- ber be a thing casual, yet if it be apparently less sons, to whom they be committed, that the same than in former years, then it may be justly doubtbe sound in religion, such whose house and fami- ed, that men take advantage upon the last clause lies are not noted for dissolute, no greedy persons, in the instructions, of exceptions of wards conno step-mothers, nor the like; and with these cealed, to practise delays and misfinding of offices, qualifications, of the nearest friends: nay, fur- which is a thing most dangerous. ther, his majesty is minded not so to delegate this Thirdly, In particular it behooveth to peruse trust to the committees, but that he will have, once and review the bargains made, and to consider in the year at least, by persons of credit in every the rates, men's estates being things which for county, a view and inspection taken of the per- the most part cannot be hid, and thereby to dissons, houses, woods, and lands of the wards, and cern what improvements and good husbandry other persons under the protection of this court, have been used, and how much the king hath and certificate to be made thereof accordingly. more now, when the whole benefit is supposed to

For the suitors, which is the second ; his ma- go to him, than he had when three parts of the jesty's princely care falls upon two points of re- benefit went to the committee. formation; the first, that there be an examination Fourthly, It is requisite to take consideration of fees, what are due and ancient, and what are what commissions have been granted for copy. new and exacted ; and those of the latter kind holds for lives, which are excepted by the instrucput down: the other, that the court do not enter- tions from being leased, and what profit hath tain causes too long upon continuances of liveries been raised thereby. after the parties are come of full age, which Thus much for the time past, and upon view serveth but to waste the parties in suit, consider of these accounts, “res dabit consilium” for furing the decrees cannot be perpetual, but tempo- ther order to be taken. rary; and, therefore, controversies here handled, For the time to come, first, it is fit that the are seldom put in peace, till they have past a trial master of the wards, being a meaner person, be and decision in other courts.

usually present as well at the treaty and beating For the third, which is the subject at large; his of the bargain, as at the concluding, and that he majesty hath taken into his princely care the un- take not the business by report. necessary vexations of his people by feodaries, Secondly, When suit is made, the information by survey and commission is but one image, but| Thus much concerning the improvement of the the way were by private diligence to be really king's profit, which concerneth the king as "painformed : neither is it hard for a person that liveth ter familias;" now as "pater patriæ." in an inn of court, where there be understand- First, For the wards themselves, that there be ing m of every county of England, to obtain special care taken in the choice of the committee, by care certain information.

that he be sound in religion, his house and family Thirdly, This kind of promise of preferring not dissolute, no greedy person, no step-mother, the next akin, doth much obscure the information, nor the like. which before by competition of divers did better Further, That there be letters written once every appear; and therefore it may be necessary for the year to certain principal gentlemen of credit in master of the wards sometimes to direct letters every county, to take view not only of the person to some persons near the ward living, and to take of the wards in every county, and their educacertificate from them: it being always intended tion; but of their houses, woods, grounds, and the subject be not racked too high, and that the estate, and the same to certify; that the commit nearest friends that be sound in religion, and tees may be held in some awe, and that the blesslike to give the ward good education, be pre-ing of the poor orphans and the pupils may come ferred.

upon his majesty and his children. Fourthly, That it be examined carefully whe- Secondly, For the suitors; that there be a strait ther the ward's revenues consist of copy holds examination concerning the raising and multiplifor lives, which are not to be comprised in the cation of fees in that court, which is much scan. Jease, and that there be no neglect to grant com-dalized with opinion thereof, and all exacted fees missions for the same, and that the master take put down. order to be certified of the profits of former courts Thirdly, For the subjects at large; that the held by the ward's ancestor, that it may be a pre- vexation of escheators and feodaries be represscedent and direction for the commissioners. ed, which, upon no substantial ground of record,

Fifthly, That the master make account every vex the country with inquisitions and other ex. six months (the state appoints one in the year) tortions: and for that purpose that there be one to his majesty; and that when he bringeth the set day at the end of every term appointed for bill of grants of the body for his majesty's signa- examining the abuses of such inferior officers, ture, he bring a schedule of the truth of the state and that the master of wards take special care to of every one of them, as it hath appeared to him receive private information from gentlemen of by information, and acquaint his majesty both quality and conscience in every shire touching with the rates and states.

the same.

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BY TIIEIR SPEAKER, AND FROM TIJE BODY OF TIIE COUNCIL, AS WELL AS FROM THE KING'S PERSON

IN THE PARLIAMENT 7 JACOBI.

It is my desire, that if any the king's busi-l in discord. To this I shall always bend my en ness, either of honour or profit, shall pass the deavours. House, it may be not only with external prevail- The king's sovereignty, and the liberty of par. ng, but with satisfaction of the inward man. liament, are as the two elements and principles For in consent, where tongue-strings, not heart of this estate; which, though the one he more &trings, make the music, that harmony may end I active, the other more passive, yet they do not cross or destroy the one the other. But they conveniency, and weaken the reputation of his counstrengthen and maintain the one the other. Takecil. All kings, though they be live gods on earth, away liberty of parliament, the griefs of the sub- yet, as he said, they are gods of earth, frail as other ject will bleed inwards: sharp and eager bumours men; they may be children; they may be of exwill not evaporate; and then they must exulcer- treme age; they may be indisposed in health ; they ate; and so may endanger the sovereignty itself. may be absent. In these cases, if their council On the other side, if the king's sovereignty re- may not supply their persons, to what infin te ceive diminution, or any degree of contempt with accidents do you expose them? Nay, more, someus that are born under an hereditary monarchy, times in policy kings will not be seen, but cover so as the motions of our estate cannot work in themselves with their council; and if this be taken any other frame or engine, it must follow, that from them, a great part of their safety is taken we shall be a meteor, or “corpus imperfecte mis- away. For the other point, of weakening the tum;" which kind of bodies come speedily to council; you know they are nothing without the confusion and dissolution. And herein it is our king : they are no body politic; they have no happiness, that we may make the same judgment commission under seal. So as, if you begin to of the king, which Tacitus made of Nerva: distinguish and disjoin them from the king, they “ Divus Nerva res olim dissociabiles miscuit, are “corpus opacum;" for they have “lumen de imperium et libertatem.” Nerva did temper lumine:” and so by distinguishing you extinguish things, that before were thought incompatible, or the principal engine of the estate. For it is truly insociable, sovereignty and liberty. And it is affirined, that “ Concilium non habet potestatem not amniss in a great council and a great cause to delegatam, sed inhærentem :” and it is but Rex put the other part of the difference, which was in cathedra,” the king in his chair or consistory, significantly expressed by the judgment which where his will and decrees, which are in privacy Apollonius made of Nero; which was thus: more changeable, are setiled and fixed. when Vespasian came out of Judæa towards Italy, Now, for that which concerns ourselves. First, to receive the empire, as he passed by Alexandria for dignity; no man must think this a disparagehe spake with Apollonius, a man much admired, ment to us: for the greatest kings in Europe, by and asked him a question of state: “What was their ambassadors, receive answers and directions the cause of Nero's fall or overthrow ?" Apollo- from the council in the king's absence; and if nius answered again, “ Nero could tune the harp that negotiation be fit for the fraternity and party well: but in government he always either wound of kings, it may much less be excepted to by up the pins too high, and strained the strings too subjects. far; or let them down too low, and slackened the For use or benefit, no man can be so raw and strings too much.” Here we see the difference unacquainted in the affairs of the world, as to conbetween regular and able princes, and irregular ceive there should be any disadvantage in it, as and incapable, Nerva and Nero. The one tem- if such answers were less firm and certain. For pers and mingles the sovereignty with the liberty it cannot be supposed, that men of so great cauof the subject wisely; and the other doth inter- tion, as counsellors of estate commonly are, change it, and vary it unequally and absurdly. whether you take caution for wisdom or proviSince, therefore, we have a prince of so excellent dence, or for pledge of estate or fortune, will ever wisdom and moderation, of whose authority we err, or adventure so far as to exceed their warrant. ought to be tender, as he is likewise of our liber. And, therefore, I conclude, that in this point ty, let us enter into a true and indifferent consi- there can be unto us neither disgrace nor disadderation, how far forth the case in question may vantage. touch his authority, and how far forth our liberty: For the point of the speaker. First, on the and, to speak clearly, in my opinion it concerns king's part, it may have a shrewd illation; for it his authority much, and our liberty nothing at all. hath a show, as if there could be a stronger duty

The questions are two: the one, whether our than the duty of a subject to a king. We see the speaker be exempted from delivery of a message degrees and differences of duties in families, befrom the king without our license? The other, tween father and son, master and servant; in whether it is not all one whether he received it corporate bodies, between commonalties and their from the body of the council, as if he received it officers, recorders, stewards, and the like; yet all immediately from the king? And I will speak of these give place to the king's commandments. the last first, because it is the circumstance of the The bonds are more special, but not so forcible. present case.

On our part, it concerns us nothing. For, first, it First, I say, let us see how it concerns the king, is but de canali," of the pipe; how the king's and then how it concerns us. For the king, cer- message shall be conveyed to us, and not of the tainly, if it be observed, it cannot be denied, but matter. Neither hath the speaker any such doif you may not receive his pleasure by his repre- minion, as that coming out of his mouth it presseth sentative body, which is bis council of his us more than out of a privy counsellor's. Nay, estate, you both straiten his majesty in point of it seems to be a great trust of the king's towards

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