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those that may have persuaded a parliament. | ingenuously confess, how far they will politicly Take it on the other side, for I mean, in all things, deny, and what we can make and gather upon

to deal plainly, if any man hath been diffident touching the call of a parliament, thinking that the best means were, first, for the king to make his utmost trial to subsist of himself, and his own means; I say, an honest and faithful heart might consent to that opinion, and the event, it seems, doth not greatly discredit it hitherto. Again, if any man shall have been of opinion, that it is not a particular party that can bind the House; nor that it is not shows or colours can please the House; I say, that man, though his speech tend to discouragement, yet it is coupled with providence. But, by your leave, if any man, since the parliament was called, or when it was in speech, shall have laid plots to cross the good will of the parliament to the king, by possessing them that a few shall have the thanks, and that they are, as it were, bought and sold, and betrayed; and that that which the king offers them, are but baits prepared by particular persons; or have raised rumours that it is a packed parliament; to the end nothing may be done, but that the parliament may be dissolved, as gamesters used to call for new cards, when they mistrust a pack: I say, these are engines and devices naught, malign, and seditious.

their confession, and how we shall prove against their denial; it is an endless piece of work, and I doubt that we shall grow weary of it.

For a message to the king, it is the course I like best, so it be carefully and considerately handled: for if we shall represent to the king the nature of this body as it is, without the veils or shadows that have been cast upon it, I think we shall do him honour, and ourselves right.

For any thing that is to be done amongst ourselves, I do not see much gained by it, because it goes no farther than ourselves; yet if any thing can be wisely conceived to that end, I shall not be against it; but I think the purpose of it is fittest to be, rather that the House conceives that all this is but a misunderstanding, than to take knowledge that there is indeed a just ground, and then to seek, by a protestation, to give it a remedy. For protestations, and professions, and apologies, I never found them very fortunate; but they rather increase suspicion than clear it.

Why, then, the last part is, that these things be handled at the committee seriously and temperately; wherein I wish that these four degrees of questions were handled in order.

First, Whether we shall do any thing at all in it, or pass by it, and let it sleep?

Secondly, Whether we shall enter into a parti

Thirdly, Whether we shall content ourselves with some entry or protestation among ourselves? And, fourthly, Whether we shall proceed to a message to the king; and what?

Now for the remedy; I shall rather break the matter, as I said in the beginning, than advise positively. I know but three ways. Some mes-cular examination of it? sage of declaration to the king; some entry or protestation amongst ourselves; or some strict and punctual examination. As for the last of these, I assure you I am not against it, if I could tell where to begin, or where to end. For cer- Thus I have told you my opinion. I know it tainly I have often seen it, that things when they had been more safe and politic to have been are in smother trouble more than when they break silent; but it is perhaps more honest and loving out. Smoke blinds the eyes, but when it blazeth to speak. The old verse is "Nam nulli tacuisse forth into flame it gives light to the eyes. But nocet, nocet esse locutum.' But, by your leave, then if you fall to examination, some person must|David saith, "Silui a bonis, et dolor meus renobe charged, some matter must be charged; and vatus est." When a man speaketh, he may be the manner of that matter must be likewise wounded by others; but if he hold his peace charged; for it may be in a good fashion, and it from good things, he wounds himself. So I have may be in a bad, in as much difference as between done my part, and leave it to you to do that which black and white: and then how far men will you shall judge to be the best.

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A SPEECH

USED

TO THE KING BY HIS MAJESTY'S SOLICITOR,

BEING CHOSEN BY THE COMMONS AS THEIR MOUTH AND MESSENGER, FOR THE PRESENTING TO HIS MAJESTY THE INSTRUMENT OR WRITING OF

THEIR GRIEVANCES.

IN THE PARLIAMENT 7 JACOBI.

MOST GRACIOUS SOVEREIGN,

Only this, excellent sovereign, let not the sound of grievances, though it be sad, seem harsh to your princely ears: it is but "gemitus columbæ," the mourning of a dove; with that patience and humility of heart which appertaineth to lov ing and loyal subjects. And far be it from us, but that in the midst of the sense of our griev ances we should remember and acknowledge the infinite benefits which, by your majesty, next under God, we do enjoy; which bind us to wish unto your life fulness of days; and unto your line royal a succession and continuance, even unto the world's end.

THE knights, citizens, and burgesses assembled in parliament, in the house of your Commons, in all humbleness do exhibit and present unto your most sacred majesty, in their own words, though by my hand, their petitions and grievances. They are here conceived and set down in writing, according to ancient custom of parliament: they are also prefaced according to the manner and taste of these later times. Therefore, for me to make any additional preface, were neither warranted nor convenient; especially speaking before a king, the exactness of whose judgment ought to scatter and chase away all unnecessary speech, It resteth, that unto these petitions here inas the sun doth a vapour. This only I must say ;|cluded I do add one more that goeth to them all : since this session of parliament we have seen your glory in the solemnity of the creation of this most noble prince; we have heard your wisdom in sundry excellent speeches which you have delivered amongst us; now we hope to find and feel the effects of your goodness, in your gracious answer to these our petitions. For this, we are persuaded, that the attribute which was given by one of the wisest writers to two of the best emperors, "Divus Nerva et divus Trajanus," so saith Tacitus, "res olim insociabiles miscuerunt, imperium et libertatem;" may be truly applied to your majesty. For never was there such a conservator of regality in a crown, nor ever such a protector of lawful freedom in a subject.

which is, that if in the words and frame of them there be any thing offensive; or that we have expressed ourselves otherwise than we should or would; that your majesty would cover it and cast the veil of your grace upon it; and accept of our good intentions, and help them by your benign interpretation.

Lastly, I am most humbly to crave a particular pardon for myself, that have used these few words; and scarcely should have been able to have used any at all, in respect of the reverence which I bear to your person and judgment, had I not been somewhat relieved and comforted by the experience which, in my service and access, 1 I have had of your continual grace and favour. 272

A

SPEECH OF THE KING'S SOLICITOR,

USED UNTO

THE 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 House of Commons have commanded me to deliver to your lordships the causes of the conference by them prayed, and by your lordships assented, for the second business of this day. They have had report made unto them faithfully of his majesty's answer declared by my lord treasurer, touching their humble desire to obtain liberty from his majesty to treat of compounding for tenures. And, first, they think themselves much bound unto his majesty, that in "re nova," in which case princes use to be apprehensive, he hath made a gracious construction of their proposition. And so much they know of that, that belongs to the greatness of his majesty, and the greatness of the cause, as themselves acknowledge they ought not to have expected a present resolution, though the wise man saith, "Hope deferred is the fainting of the soul." But they know their duty to be to attend his majesty's times at his good pleasure. And this they do with the more comfort, because that in his majesty's answer, matching the times, and weighing the passages thereof, they conceive, in their opinion, rather hope than discouragement.

treaty is granted: but the former two indeed may exclude treaty, and cut it off before it be admitted.

Nevertheless, in this that we shall say concerning those two, we desire to be conceived rightly : we mean not to dispute with his majesty what belongeth to sovereign honour or his princely conscience; because we know we are not capable to discern of them otherwise than as men use sometimes to see the image of the sun in a pail of water. But this we say for ourselves, God forbid that we, knowingly, should have propounded any thing, that might in our sense and persuasion touch either or both; and therefore herein we desire to be heard, not to inform or persuade his majesty, but to free and excuse ourselves.

And, first, in general, we acknowledge, that this tree of tenures was planted into the prerogative by the ancient common law of this land: that it hath been fenced in and preserved by many statutes, and that it yieldeth at this day to the king the fruit of a great revenue. But yet, notwithstanding, if upon the stem of this tree may be raised a pillar of support to the crown permaBut 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 omitted, 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 lordship, my lord treasurer, in your last declaration of his majesty's answer, according to the attribute then given unto it by a great counsellor, had "imaginem Cæsaris" fair and lively graven, made this true and effectual distribution, that there depended upon tenures, considerations of honour, of conscience, and of utility. Of these three, utility, as his majesty set it by for the present, out of the greatness of his mind, so we set it by, out of the justness of our desires: for we never meant but a goodly and worthy augmentation of the profit now received, and not a diminution. But, to speak truly, that consideration falleth naturally to be examined when liberty of VOL. II.-35

But to speak distinctly of both, and first of honour: wherein I pray your lordships, give me leave, in a subject that may seem "supra nos," to handle it rather as we are capable, than as the matter perhaps may require. Your lordships well know the various mixture and composition of our House. We have in our House learned civilians that profess a law, that we reverence and sometimes consult with: they can tell us, that all the laws "de feodis" are but additionals to the ancient civil law; and that the Roman emperors, in the full height of their monarchy, never knew them; so that they are not imperial. We have grave professors of the common law, who will define unto us that those are parts of sovereignty,

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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 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 excuse, though we submit the thing itself wholly to his majesty's judgment.

For matter of conscience, far be it from us to cast in any thing willingly, that may trouble that clear fountain of his majesty's conscience. We do confess it is a noble protection, that these young birds of the nobility and good families should be gathered and clocked under the wings of the crown. But yet "Naturæ vis maxima:" and Suus cuique discretus sanguis." Your lordships will favour me, to observe my former method. The common law itself, which is the best bounds of our wisdom, doth, even "in hoc

For matter of petition, we do continue our most humble suit, by your lordships' loving conjunction, that his majesty will be pleased to open unto us this entrance of his bounty and grace, as to give us liberty to treat. And, lastly, we know his majesty's times are not subordinate at all but to the globe above. About this time the sun hath got even with the night, and will rise apace; and we know Solomon's temple, whereof your lordship, my lord treasurer, spake, was not built in a day: and if we shall be so happy as to take the axe to hew, and the hammer to frame, in this case, we know it cannot be without time; and, therefore, as far as we may with duty, and without importunity, we most humbly desire an acceleration of his majesty's answer, according to his 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 enougn 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 remembrance, especially touching the sincerity of their own minds.

But, now that his majesty meaneth to be as it were master of the wards himself, and that those that he useth be as his substitutes, and move wholly in his motion; he doth expect things be carried in a sort worthy his own care.

First, therefore, his majesty hath had this princely consideration with himself, that as he is "pater patriæ," so he is by the ancient law of this kingdom" pater pupillorum," where there is any tenure by knight's service of himself; which extendeth almost to all the great families noble. and generous of this kingdom: and, therefore, being a representative father, his purpose is to imitate, and approach as near as may be to the duties and offices of a natural father, in the good education, well bestowing in marriage, and preservation of the houses, woods, lands, and estates of his wards.

For, as it is his majesty's direction, that that part which concerns his own profit and right be| executed with moderation; so, on the other side, it is his princely will that that other part, which concerneth protection, be overspread and extended to the utmost.

Wherein his majesty hath three persons in his eye, the wards themselves, idiots, and the rest of like nature; the suitors in this court; and the subjects at large.

For the first, his majesty hath commanded special care to be taken in the choice of the persons, to whom they be committed, that the same be sound in religion, such whose house and families are not noted for dissolute, no greedy persons, no step-mothers, nor the like; and with these qualifications, of the nearest friends: nay, further, his majesty is minded not so to delegate this trust to the committees, but that he will have, once in the year at least, by persons of credit in every county, a view and inspection taken of the persons, houses, woods, and lands of the wards, and other persons under the protection of this court, and certificate to be made thereof accordingly.

and other inferior ministers of like nature, by colour of his tenures; of which part I say nothing for the present, because the parties whom it concerns are for the most part absent: but order shall be given, that they shall give their attendance the last day of the term, then to understand further his majesty's gracious pleasure.

Thus much by his majesty's commandment; now we may proceed to the business of the court.

DIRECTIONS

FOR THE MASTER OF THE WARDS TO OBSERVE, FOR HIS MAJESTY'S BETTER SERVICE, AND THE GENE

RAL GOOD.

First, That he take an account how his majesty's last instructions have been pursued; and of the increase of benefit accrued to his majesty thereby, and the proportion thereof.

Wherein first, in general, it will be good to cast up a year's benefit, viz.: from February, 1610, which is the date of the instructions under the great seal, to February, 1611; and to compare the total with the former years before the instructions, that the tree may appear by the fruit, and it may be seen how much his majesty's profit is redoubled or increased by that course.

Secondly, It will not be amiss to compute not only the yearly benefit, but the number of wardships granted that year, and to compare that with the number of former years; for though the number be a thing casual, yet if it be apparently less than in former years, then it may be justly doubted, that men take advantage upon the last clause in the instructions, of exceptions of wards concealed, to practise delays and misfinding of offices, which is a thing most dangerous,

Thirdly, In particular it behooveth to peruse and review the bargains made, and to consider the rates, men's estates being things which for the most part cannot be hid, and thereby to discern what improvements and good husbandry have been used, and how much the king hath more now, when the whole benefit is supposed to go to him, than he had when three parts of the benefit went to the committee.

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 suitors, which is the second; his majesty's princely care falls upon two points of reformation; 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 tempo-ther order to be taken. rary; and, therefore, controversies here handled, are seldom put in peace, till they have past a trial and decision in other courts.

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,

Thus much for the time past, and upon view of these accounts, "res dabit consilium" for fur

For the time to come, first, it is fit that the master of the wards, being a meaner person, be usually present as well at the treaty and beating of the bargain, as at the concluding, and that he take not the business by report.

Secondly, When suit is made, the information

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