MOST GRACIOUS SOVEREIGN,

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, as the sun doth a vapour. This only I must say; 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.

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.

272

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 (apable 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 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," &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.

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.

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.

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, 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.

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 temporary; 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,

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.

Thus much for the time past, and upon view of these accounts, "res dabit consilium" for further order to be taken.

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