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.

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 loving and loyal subjects. And far be it from us, but that in the midst of the sense of our grievances 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.

It resteth, that unto these petitions here included I do add one more that goeth to them all: 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 I have had of your continual grace and favour.

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 con

ceive, in their opinion, rather hope than discourage

ment.

But the principal causes of the conference now prayed, besides these significations of duty not to be omitted, are two propositions. The one, matter of excuse of themselves; the other, matter of petition. The former of which grows thus. Your lordship, my lord Treasurer, in your last declaration of his majesty's answer, which, according to the attribute then given unto it by a great counsellor, had imaginem Casaris 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 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

1

crown permanent and durable as the marble, by investing the crown with a more ample, more certain, and more loving dowry, than this of tenures; we hope we propound no matter of disservice.

a

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 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, 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 shews 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 commissioners 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 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 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, etc. 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 alledge these things but in our own excuse.

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,