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marble, by investing the crown with a more ample, I in any thing willingly, that may trouble that clear more certain, and more loving dowry, than this of fountain of his Majesty's conscience. We do confess tenures; we hope we propound no matter of dis- it is a noble protection, that these young birds of service.

the nobility and good families should be gathered But to speak distinctly of both, and first of honour: and clocked under the wings of the crown. wherein I pray your lordships, give me leave, in a “ Naturæ vis maxima :” and “ Suus cuique discresubject that may seem supra nos, to handle it rather tus sanguis.” Your lordships will favour me to as we are capable, than as the matter perhaps may observe my former method. The common law require. Your lordships well know the various itself, which is the best bounds of our wisdom, doth, mixture and composition of our house. We have even in hoc individuo, prefer the prerogative of the in our house learned civilians that profess a law, father before the prerogative of the king : for if that we reverence and sometimes consult with : they lands descend, held in chief from an ancestor on the can tell us, that all the laws de feodis are but ad- part of a mother, to a man's eldest son, the father ditionals to the ancient civil law; and that the Ro- being alive, the father shall have the custody of the man emperors, in the full height of their monarchy, body, and not the king. It is true that this is only never knew them; so that they are not imperial. for the father, and not any other parent or ancestor: We have grave professors of the common law, who | but then if you look to the high law of tutelage and will define unto us that those are parts of sove protection, and of obedience and duty which is the reignty, and of the regal prerogative, which cannot relative thereunto; it is not said.

“ Honour thy be communicated with subjects: but for tenures in father alone,” but “ Honour thy father and thy substance, there is none of your lordships but have mother," &c. Again the civilians can tell us, that them, and few of us but have them. The king, in- | there was a special use of the pretorian power for deed, hath a priority or first service of his tenures ; | pupils, and yet no tenures. The citizens of London and some more amplitude of profit in that we call can tell us, there be courts of orphans, and yet no tenure in chief: but the subject is capable of tenures ; tenures. But all this while we pray your lordships which shows that they are not regal, nor any point to conceive, that we think ourselves not competent of sovereignty. We have gentlemen of honourable to discern of the honour of his Majesty's crown, or the service in the wars both by sea and land, who can shrine of his conscience ; but leave it wholly unto inform us, that when it is in question, who shall set him, and allege these things but in our own excuse. his foot foremost towards the enemy; it is never For matter of petition, we do continue our most asked, Whether he holds in knight's service or in humble suit, by your lordships' loving conjunction, socage? So have we many deputy lieutenants to that his Majesty will be pleased to open unto us your lordships, and many commissioners that have this entrance of his bounty and grace, as to give us been for musters and levies, that can tell us, that the liberty to treat. And lastly, we know his Majesty's service and defence of the realm hath in these days times are not subordinate at all but to the globe little dependence upon tenures. So then we perceive above. About this time, the sun hath got even that it is no bond or ligament of government; no with the night, and will rise apace; and we know spur of honour, no bridle of obedience. Time was, Solomon's temple, whereof your lordship, my lord when it had other uses, and the name of knight's treasurer, spake, was not built in a day: and if service imports it: but“ vocabula manent, res we shall be so happy as to take the axe to hew, and fugiunt.” But all this which we have spoken we the hammer to frame, in this case, we know it canconfess to be but in a vulgar capacity; which never not be without time; and therefore, as far as we theless may serve for our excuse, though we submit may with duty, and without importunity, we most the thing itself wholly to his Majesty's judgment. humbly desire an acceleration of his Majesty's answer

For matter of conscience, far be it from us to cast according to his good time and royal pleasure.





The king, whose virtues are such, as if we, that because they are somewhat differing from the usage are his ministers, were able duly to correspond unto of former times, and yet not by way of novelty, but them, it were enough to make a golden time, hath by way of reformation, and reduction of things to commanded certain of his intentions to be pub- their ancient and true institution. lished, touching the administration of this place, Wherein, nevertheless, it is his Majesty's express


pleasure it be signified, that he understands this to because the parties whom it concerns are for the be done, without any derogation from the memory most part absent: but order shall be given, that or service of those great persons, which have for- they shall give their attendance the last day of the merly held this place, of whose doings his Majesty term, then to understand further his Majesty's graretaineth a good and gracious remembrance, especi- cious pleasure. ally touching the sincerity of their own minds. Thus much by his Majesty's commandment; now

But now that his Majesty meaneth to be as it were we may proceed to the business of the court. master of the wards himself, and that those that he useth be as his substitutes, and move wholly in his

DIRECTIONS motion ; he doth expect things be carried in a sort worthy his own care.


HIS MAJESTY'S BETTER SERVICE AND THE GENEFirst, therefore, his Majesty hath had this princely consideration with himself, that as he is pater patriæ, so he is by the ancient law of the kingdom First, That he take an account how his Majesty's pater pupillorum, where there is any tenure by last instructions have been pursued : and of the inknight's service of himself ; which extendeth almost crease of benefit accrued to his Majesty thereby, to all the great families noble and generous of this and the proportion thereof. kingdom: and therefore being a representative father, Wherein first, in general, it will be good to cast his purpose is to imitate, and approach as near as up a year's benefit, viz. from February, 1610, which may be to the duties and offices of a natural father, is the date of the instructions under the great seal, in the good education, well bestowing in marriage, to February, 1611 ; and to compare the total with and preservation of the houses, woods, lands, and former years before the instructions, that the tree estates of his wards.

may appear by the fruit, and it may be seen how For as it is his Majesty's direction, that that part much his Majesty's profit is redoubled or increased which concerns his own profit and right, be exe- by that course. cuted with moderation; so on the other side, it is Secondly, It will not be amiss to compute not his princely will that that other part, which con- only the yearly benefit, but the number of wardships cerneth protection, be overspread and extended to granted that year, and to compare that with the the utmost.

number of former years; for though the number be Wherein his Majesty hath three persons in his a thing casual, yet if it be apparently less than in eye, the wards themselves, idiots, and the rest of former years, then it may be justly doubted, that like nature; the suitors in this court; and the sub men take advantage upon the last clause in the injects at large.

structions, of exceptions of wards concealed, to For the first, his Majesty hath commanded special practise delays and misfinding of offices, which is a care to be taken in the choice of the persons, to thing most dangerous. whom they be committed, that the same be sound Thirdly, In particular it behoveth to peruse and in religion, such whose house and families are not review the bargains made, and to consider the rates, noted for dissolute, no greedy persons, no step- men's estates being things which for the most part mothers, nor the like; and with these qualifications, cannot be hid, and thereby to discern what improveof the nearest friends : nay, further, his Majesty is ments and good husbandry have been used, and how minded not so to delegate this trust to the commit- much the king hath more now when the whole tees, but that he will have once in the year at least, benefit is supposed to go to him, than he had when by persons of credit in every county, a view and three parts of the benefit went to the committee. inspection taken of the persons, houses, woods, and Fourthly, It is requisite to take consideration lands of the wards, and other persons under the what commissions have been granted for copy holds protection of this court, and certificate to be made for lives, which are excepted by the instructions thereof accordingly.

from being leased, and what profit hath been raised For the suitors, which is the second ; his Majesty's thereby. princely care falls upon two points of reformation ; Thus much for the time past, and upon view of the first that there be an examination of fees, what these accounts “ res dabit consilium" for further are due and ancient, and what are new and exacted; order to be taken. and those of the latter kind put down : the other, For the time to come, first, It is fit that the master that the court do not entertain causes too long upon of the wards, being a meaner person, be usually continuances of liveries after the parties are come present as well at the treaty and beating of the of full age, which serveth but to waste the parties bargain, as at the concluding, and that he take not in suit, considering the degrees cannot be perpetual, the business by report. but temporary ; and therefore controversies here Secondly, When suit is made, the information by handled are seldom put in peace, till they have past survey and commission is but one image, but the a trial and decision in other courts.

way were by private diligence to be really informed: For the third, which is the subject at large; his neither is it hard for a person that liveth in an inn Majesty hath taken into his princely care the unne- of court, where there be understanding men of every cessary vexations of his people by feodaries, and other county of England, to obtain by care certain ininferior ministers of like nature, by colour of his formation. tenures; of which part I say nothing for the present, Thirdly, This kind of promise of preferring the

next akin, doth much obscure the information, First, for the wards themselves, that there be which before by competition of divers did better special care taken in the choice of the committee, appear; and therefore it may be necessary for the that he be sound in religion, his house and family master of the wards sometimes to direct letters to not dissolute, no greedy person, no step-mother, nor some persons near the ward living, and to take cer the like. tificate from them: it being always intended the Further, that there be letters written once every subject be not racked too high, and that the nearest year to certain principal gentlemen of credit in every friends that be sound in religion, and like to give county, to take view not only of the person of the the ward good education, be preferred.

wards in every county, and their education ; but of Fourthly, That it be examined carefully whether their houses, woods, grounds, and estate, and the the ward's revenues consist of copyholds for lives, same to certify; that the committees may be held in which are not to be comprised in the lease, and that some awe, and that the blessing of the poor orphans there be no neglect to grant commissions for the and the pupils may come upon his Majesty and his same, and that the master take order to be certified children. of the profits of former courts held by the ward's Secondly, for the suitors; that there be a strait ancestor, that it may be a precedent and direction examination concerning the raising and multiplifor the commissioners.

cation of fees in that court, which is much scandalized Fifthly, That the master make account every six with opinion thereof, and all exacted fees put down. months (the state appoints one in the year) to his Thirdly, for the subjects at large; that the vexMajesty; and that when he bringeth the bill of ation of escheators and feodaries be repressed, which, grants of the body for his Majesty's signature, he upon no substantial ground or record, vex the bring a schedule of the truth of the state of every country with inquisitions and other extortions: and one of them, as it hath appeared to him by inform for that purpose that there be one set day at the end ation, and acquaint his Majesty both with the rates of every term appointed for examining the abuses and states.

of such inferior officers, and that the master of wards Thus much concerning the improvement of the take special care to receive private information king's profit, which concerneth the king as pater from gentlemen of quality and conscience in every familias; now as pater patriæ.

shire touching the same.









It is my desire, that if any the king's business, the one the other ; but they strengthen and maineither of honour or profit, shall pass the house, it tain the one the other. Take away liberty of parmay be not only with external prevailing, but with liament, the griefs of the subject will bleed inwards : satisfaction of the inward man. For in consent, sharp and eager humours will not evaporate ; and where tongue-strings, not heart-strings, make the then they must exulcerate ; and so may endanger music, that harmony may end in discord. To this the sovereignty itself. On the other side, if the I shall always bend my endeavours.

king's sovereignty receive diminution, or any degree The king's sovereignty, and the liberty of parlia- of contempt with us that are born under an herement, are as the two elements and principles of this ditary monarchy, so as the motions of our estate canestate ; which, though the one be more active, the not work in any other frame or engine, it must follow, other more passive, yet they do not cross or destroy that we shall be a meteor, or corpus imperfecte

mistum; which kind of bodies come speedily to and if this be taken from them, a great part of their confusion and dissolution. And herein it is our safety is taken away. For the other point of weakhappiness, that we may make the same judgment of ening the council; you know they are nothing withthe king, which Tacitus made of Nerva : “ Divus out the king: they are no body-politic; they have Nerva res olim dissociabiles miscuit, imperium et no commission under seal. So as, if you begin to libertatem." Nerva did temper things, that before distinguish and disjoin them from the king, they are were thought incompatible, or insociable, sovereignty corpus opacum; for they have lumen de lumine : and liberty. And it is not amiss in a great council and so by distinguishing you extinguish the princiand a great cause to put the other part of the differ- pal engine of the estate. For it is truly affirmed, ence, which was significantly expressed by the judg- that “Concilium non habet potestatem delegatam, ment which Apollonius made of Nero; which was sed inhærentem:" and it is but rex in cathedra, the thus: when Vespasian came out of Judæa towards king in his chair or consistory, where his will and Italy, to receive the empire, as he passed by Alex- decrees, which are in privacy more changeable, are andria he spake with Apollonius, a man much ad- settled and fixed. mired, and asked him a question of state : “What Now for that which concerns ourselves. First, was the cause of Nero's fall or overthrow ?” Apol- for dignity; no man must think this a disparagelonius answered again, “Nero could tune the harp ment to us: for the greatest kings in Europe, by well: but in government he always either wound up their ambassadors, receive answers and directions the pins too high, and strained the strings too far; from the council in the king's absence; and if that or let them down too low, and slackened the strings negotiation be fit for the fraternity and party of too much." Here we see the difference between kings, it may much less be excepted to by subjects. regular and able princes, and irregular and incapable, For use or benefit, no man can be so raw and un. Nerva and Nero. The one tempers and mingles acquainted in the affairs of the world, as to conceive the sovereignty with the liberty of the subject wisely; there should be any disadvantage in it, as if such and the other doth interchange it, and vary it un answers were less firm and certain. For it cannot equally and absurdly. Since therefore we have a be supposed, that men of so great caution, as coun. prince of so excellent wisdom and moderation, of sellors of estate commonly are, whether you take whose authority we ought to be tender, as he is caution for wisdom or providence, or for pledge of likewise of our liberty, let us enter into a true and estate or fortune, will ever err, or adventure so far indifferent consideration, how far forth the case in as to exceed their warrant. And therefore I conquestion may touch his authority, and how far forthclude, that in this point there can be unto us neither our liberty: and, to speak clearly, in my opinion it disgrace nor disadvantage. concerns his authority much, and our liberty nothing For the point of the speaker. First, on the king's at all.

part, it may have a shrewd illation: for it hath a The questions are two: the one, whether our show, as if there could be a stronger duty than the speaker be exempted from delivery of a message duty of a subject to a king. We see the degrees from the king without our licence ? The other, and differences of duties in families, between father whether it is not all one whether he received it from and son, master and servant; in corporate bodies, the body of the council, as if he received it immedi- between commonalities and their officers, recorders, ately from the king? And I will speak of the last stewards, and the like; yet all these give place to first, because it is the circumstance of the present the king's commandments. The bonds are more

special, but not so forcible. On our part, it conFirst, I say, let us see how it concerns the king, cerns us nothing. For first it is but de canali, of and then how it concerns us. For the king, cer the pipe; how the king's message shall be conveyed tainly, if it be observed, it cannot be denied, but if to us, and not of the matter. Neither hath the you may not receive his pleasure by his represent-speaker any such dominion, as that coming out of ative body, which is his council of his estate, you his mouth it presseth us more than out of a privy both straiten his Majesty in point of conveniency, counsellor's. Nay, it seems to be a great trust of and weaken the reputation of his council. All the king's towards the house, when the king doubtkings, though they be gods on earth, yet, as he said, eth not to put his message into their mouth, as if they are gods of earth, frail as other men; they may he should speak to the city by their recorder : be children; they may be of extreme age; they therefore, methinks we should not entertain this unmay be indisposed in health; they may be absent. necessary doubt. It is one use of wit to make clear In these cases, if their council may not supply their things doubtful; but it is a much better use of wit persons, to what infinite accidents do you expose to make doubtful things clear; and to that I would them! Nay, more, sometimes in policy kings will men would bend themselves. not be seen, but cover themselves with their council;


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And it please you, Mr. Speaker, this question freed, my proposition is, that the king by the fundatouching the right of impositions is very great; ex mental laws of this kingdom hath a power to impose tending to the prerogative of the king on the one upon merchandise and commodities both native and part, and the liberty of the subject on the other ; foreign. In my proof of this proposition all that I and that in a point of profit and value, and not of shall say, be it to confirm or confute, I will draw conceit or fancy. And therefore, as weight in all into certain distinct heads or considerations which motions increaseth force, so I do not marvel to see move me, and may move you. men gather the greatest strength of argument they The first is a universal negative : there appearcan to make good their opinions. And so you will eth not in any of the king's courts any one record, give me leave likewise, being strong in mine own wherein an imposition laid at the ports hath been persuasion that it is the king's right, to show my overthrown by judgment; nay more, where it hath voice as free as my thought. And for my part, I been questioned by pleading. This plea, “ quod mean to observe the true course to give strength to summa prædicta minus juste imposita fuit, et contra this cause, which is, by yielding those things which leges et consuetudines regni hujus Angliæ, unde are not tenable, and keeping the question within the idem Bates illam solvere recusavit, prout ei bene true state and compass; which will discharge many licuit ;" is “ primæ impressionis." Bates was the popular arguments, and contract the debate into a first man ab origine mundi, for any thing that apless room.

peareth, that ministered that plea ; whereupon I
Wherefore I do deliver the question, and exclude offer this to consideration : the king's acts that
or set by, as not in question, five things. First, the grieve the subject are either against law, and so
question is de portorio, and not de tributo, to use the void, or according to strictness of law, and yet
Roman words for explanation sake; it is not, I say, grievous. And according to these several natures of
touching any taxes within the land, but of payments grievance, there be several remedies: Be they
at the ports. Secondly, it is not touching any im- against law ? Overthrow them by judgment : Be
post from port to port, but where claves regni, the they too strait and extreme, though legal ? Pro-
keys of the kingdom, are turned to let in from pound them in parliament. Forasmuch then as
foreign parts, or to send forth to foreign parts; in a impositions at the ports, having been so often laid,
word, matter of commerce and intercourse, not sim were never brought into the king's courts of justice,
ply of carriage or vecture. Thirdly, the question but still brought to parliament, I may most certainly
is, as the distinction was used above in another case, conclude, that they were conceived not to be against
“de vero et falso," and not " de bono et malo," of law. And if any man shall think that it was too
the legal point, and not of the inconvenience, other high a point to question by law before the judges,
wise than as it serves to decide the law. Fourthly, or that there should want fortitude in them to aid
I do set apart three commodities, wools, woolfells, the subject; no, it shall appear from time to time,
and leather, as being in different case from the rest; in cases of equal reach, where the king's acts have
because the custom upon them is antiqua custuma. been indeed against law, the course of law hath run,
Lastly, the question is not, whether in matter of and the judges have worthily done their duty.
imposing the king may alter the law by his preroga As in the case of an imposition upon
tive, but whether the king have not such a prero- linen cloth for the alnage; overthrown
getive by law.

by judgment.
The state of the question being thus cleared and The case of a commission of arrest

and committing of subjects upon exa-
* Thi natter was much debated by the lawyers and gen-
tlemen in the parliament 1610, and 1614, &c. and afterwards

mination without conviction by jury, disallowed by given up by the crown in 1641.

the judges.

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12 H. 4. 13 H. 4.

40 Assis.

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