individuo," prefer the prerogative of the father before the prerogative of the king: for if lands descend, held in chief from an ancestor on the part of a mother, to a man's eldest son, the father being alive, the father shall have the custody of the body, and not the king. It is true that this is only for the father, and not any other parent or ancestor : but then if you look to the high law of tutelage and protection, and of obedience and duty, which is the relative thereunto: it is not said, "Honour thy father alone,” but “Honour thy father and thy mother," &c. Again, the civilians can tell us, that there was a special use of the pretorian power for pupils, and yet no tenures. The citizens of London can tell us, there be courts of orphans, and yet no tenures. But all this while we pray your lordships to conceive, that we think ourselves not competent to discern of the honour of his majesty's crown, or the shrine of his conscience; but leave it wholly unto him, and allege these things but in our own excuse.

and of the regal prerogative, which cannot be communicated with subjects: but for tenures in substance, there is none of your lordships but have them, and few of us but have them. The king, indeed, hath a priority or first service of his tenures; and some more amplitude of profit in that we call tenure in chief: but the subject is capable of tenures; which shows that they are not regal, nor any point of sovereignty. We have gentlemen of honourable service in the wars both by sea and land, who can inform us, that when it is in question, who shall set his foot foremost towards the enemy; it is never asked, Whether he holds in knight's service or in socage? So have we many deputy lieutenants to your lordships, and many commissions that have been for musters and levies, that can tell us, that the service and defence of the realm hath in these days little dependence upon tenures. So, then, we perceive that it is no bond or ligament of government; no spur of honour, no bridle of obedience. Time was, when it had other uses, and the name of knight's service imports it: but "vocabula manent, res fugiunt." But all this which we have spoken we confess to be but in a vulgar capacity; which, nevertheless, may serve for our ex-unto us this entrance of his bounty and grace, as cuse, though we submit the thing itself wholly to his majesty's judgment.

For matter of petition, we do continue our most humble suit, by your lordships' loving conjunc tion, that his majesty will be pleased to open

to give us liberty to treat. And, lastly, we know 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.

tion of things to their ancient and true institution.

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 unto them, it were enough to make a golden time, hath commanded certain of his intentions to be published, touching the administration of this place, because they are somewhat differing from the usage of former times, and yet not by way of

Wherein, nevertheless, it is his majesty's express pleasure it be signified, that he understands this to be done, without any derogation from the memory or service of those great persons which have formerly held this place, of whose doings

his majesty retaineth a good and gracious remem- | and other inferior ministers of like nature, by brance, especially touching the sincerity of their own minds.

For the suitors, which is the second; his majesty's princely care falls upon two points of re-benefit went to the committee. formation; the first, that there be an examination of fees, what are due and ancient, and what are new and exacted; and those of the latter kind put down: the other, that the court do not entertain causes too long upon continuances of liveries after the parties are come of full age, which serveth but to waste the parties in suit, considering the decrees cannot be perpetual, but temporary; and, therefore, controversies here handled, are seldom put in peace, till they have past a trial and decision in other courts.

Fourthly, It is requisite to take consideration what commissions have been granted for copyholds for lives, which are excepted by the instructions from being leased, and what profit hath been raised thereby.

For the third, which is the subject at large; his majesty hath taken into his princely care the unnecessary vexations of his people by feodaries,

A

SPEECH OF THE KING'S SOLICITOR,

PERSUADING

THE HOUSE OF COMMONS

TO DESIST FROM FARTHER QUESTION OF

RECEIVING THE KING'S MESSAGES.

BY THEIR SPEAKER, AND FROM THE BODY OF THE COUNCIL, AS WELL AS FROM THE KING'S PERSON.

IN THE PARLIAMENT 7 JACOBI.

conveniency, and weaken the reputation of his council. All kings, though they be live gods on earth, yet, as he said, they are gods of earth, frail as other men; they may be children; they may be of extreme age; they may be indisposed in health; they may be absent. In these cases, if their council

cross or destroy the one the other. But they strengthen and maintain the one the other. Take away liberty of parliament, the griefs of the subject will bleed inwards: sharp and eager humours will not evaporate; and then they must exulcerate; and so may endanger the sovereignty itself. On the other side, if the king's sovereignty re- may not supply their persons, to what infinite 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 affirmed, that "Concilium non habet potestatem not amiss 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 settled and fixed. when Vespasian came out of Judæa towards Italy, to receive the empire, as he passed by Alexandria he spake with Apollonius, a man much admired, and asked him a question of state: "What was the cause of Nero's fall or overthrow?" Apollonius answered again, Nero could tune the harp well: but in government he always either wound up the pins too high, and strained the strings too far; or let them down too low, and slackened the strings too much." Here we see the difference between regular and able princes, and irregular and incapable, Nerva and Nero. The one tempers and mingles the sovereignty with the liberty of the subject wisely; and the other doth interchange it, and vary it unequally and absurdly. Since, therefore, we have a prince of so excellent wisdom and moderation, of whose authority we ought to be tender, as he is likewise of our liberty, let us enter into a true and indifferent consideration, how far forth the case in question may touch his authority, and how far forth our liberty: and, to speak clearly, in my opinion it concerns his authority much, and our liberty nothing at all. The questions are two: the one, whether our speaker be exempted from delivery of a message from the king without our license? The other, whether it is not all one whether he received it from the body of the council, as if he received it immediately from the king? And I will speak of the last first, because it is the circumstance of the present case.

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First, I say, let us see how it concerns the king, and then how it concerns us. For the king, certainly, if it be observed, it cannot be denied, but if you may not receive his pleasure by his representative body, which is his council of his estate, you both straiten his majesty in point of

Now, for that which concerns ourselves. First, for dignity; no man must think this a disparagement to us: for the greatest kings in Europe, by their ambassadors, receive answers and directions from the council in the king's absence; and if that negotiation be fit for the fraternity and party of kings, it may much less be excepted to by subjects.

For use or benefit, no man can be so raw and unacquainted in the affairs of the world, as to conceive there should be any disadvantage in it, as if such answers were less firm and certain. For it cannot be supposed, that men of so great caution, as counsellors of estate commonly are, whether you take caution for wisdom or providence, or for pledge of estate or fortune, will ever err, or adventure so far as to exceed their warrant. And, therefore, I conclude, that in this point there can be unto us neither disgrace nor disadvantage.

For the point of the speaker. First, on the king's part, it may have a shrewd illation; for it hath a show, as if there could be a stronger duty than the duty of a subject to a king. We see the degrees and differences of duties in families, between father and son, master and servant; in corporate bodies, between commonalties and their officers, recorders, stewards, and the like; yet all these give place to the king's commandments. The bonds are more special, but not so forcible. On our part, it concerns us nothing. For, first, it is but de canali," of the pipe; how the king's message shall be conveyed to us, and not of the matter. Neither hath the speaker any such dominion, as that coming out of his mouth it presseth us more than out of a privy counsellor's. Nay, it seems to be a great trust of the king's towards

the House, when the king doubteth not to put his | It is one use of wit to make clear things doubtmessage into their mouth, as if he should speak ful; but it is a much better use of wit to make to the city by their recorder: therefore, methinks doubtful things clear; and to that I would men we should not entertain this unnecessary doubt. I would bend themselves.

AN

ARGUMENT OF SIR FRANCIS BACON,

THE KING'S SOLICITOR,

IN THE LOWER HOUSE OF PARLIAMENT,

PROVING

THE KING'S RIGHT OF IMPOSITIONS ON MERCHANDISES IMPORTED
AND EXPORTED.*

woolfells, and leather, as being in different case from the rest; because the custom upon them is

antiqua custuma." Lastly, the question is not, whether in matter of imposing the king may alter the law by his prerogative, but whether the king have not such a prerogative by law.

The state of the question being thus cleared and freed, my proposition is, that the king by the fundamental laws of this kingdom hath a power to impose upon merchandise and commodities both native and foreign. In my proof of this proposition all that I shall say, be it to confirm or confute, I will draw into certain distinct heads or considerations which move me, and may move you.

AND it please you, Mr. Speaker, this question | Fourthly, I do set apart three commodities, wool, touching the right of impositions is very great; extending to the prerogative of the king on the one part, and the liberty of the subject on the other; and that in a point of profit and value, and not of conceit or fancy. And, therefore, as weight in all motions increaseth force, so I do not marvel to see men gather the greatest strength of argument they can to make good their opinions. And, so you will give me leave likewise, being strong in mine own persuasion that it is the king's right, to show my voice as free as my thought. And for my part, I mean to observe the true course to give strength to this cause, which is by yielding those things which are not tenable, and keeping the question within the true state and compass; which will discharge many popular arguments, and contract the debate into a less room. Wherefore, I do deliver the question, and exclude or set by, as not in question, five things. First, the question is "de portorio," and not "de tributo," to use the Roman words for explanation sake; it is not, I say, touching any taxes within the land, but of payments at the ports. Secondly, it is not touching any impost from port to port, but where "claves regni," the keys of the kingdom, are turned to let in from foreign parts, or to send forth to foreign parts, in a word, matter of commerce and intercourse; not simply of carriage or vecture. Thirdly, the question is, as the distinction was used above in another case, "de vero et falso," and not "de bono et malo," of the legal point, and not of the inconvenience, otherwise than as it serves to decide the law,

*This matter was much debated by the lawyers and gentlemen in the Parliament 1610, and 1614, &c., and afterwards given up by the crown in 1641.

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The first is a universal negative: there appeareth not in any of the king's courts any one record, wherein an imposition laid at the ports hath been overthrown by judgment; nay, more, where it hath been questioned by pleading. This plea, quod surma prædicta minus juste imposita fuit, et contra leges et consuetudines regni hujus Angliæ, unde idem Bates illam solvere recusavit, prout ei bene licuit;" is "primæ impressionis." Bates was the first man ab origine mundi," for any thing that appeareth, that ministered that plea; whereupon I offer this true consideration: the king's acts that grieve the subject are either against law, and so void, or according to strictness of law, and yet grievous. And according to these several natures of grievance, there be several remedies: Be they against law? Overthrow them by judgment: Be they too strait and extreme, though legal? Propound them in parliament. Forasmuch, then, as impositions at the ports, having been so often laid, were never