The works of Francis Bacon, lord chancellor of England.

A REPORT OF THE SPANISH GRIEVANCES. 197
the first, of injustice; the second, of derogation cerned the moneys, they might handle it and exfrom his majesty's supreme and absolute power amine it; but touching the peace, he would do as
of concluding war or peace; and the third, of to himself seemed good.
some prejudice in reason of estate. In the eighteenth year of King Edward III.,
For injustice, it is plain, and cannot be denied, the Commons petitioned, that they might have
that we hear hut the one part: whereas the rule, the trial and proceeding with certain merchants
"' Audi alteram partern," is not of the formality, strangers as enemies to the state. The hing's
but of the essence of justice: which is therefore answer was, It should remain as it did till the
figured with both eyes shut, and both ears open; king had taken farther order.
because she should hear both sides, and respect In the forty-fifth year of King Edward III., the
neither. So that if we should hap to give a right Commons complained that their trade with the
judngment, it might be, justum," but not'"juste," Easterlings was not upon equal terms, which is
without hearinm both parties. one of the points insisted upon in the present
For the point of derogation, his lordship said, petition, and prayed an alteration and reducement.
he knew well we were no less ready to acknow- The king's answer was, It shall be so as occasion
ledg'e than himself, that the crown of England shall require.
was ever invested, amongst other prerogatives In the fiftieth year of the same king, the Comnot disputable, of an absolute determination and mons petitioned to the king for remedy against
power of concluding and making war and peace: the subjects of Spain, as they now do. The
which that it was no new dotation, but of an king's answer was, That he would write his
ancient foundation in the crown, he would recite letter for remedy. Here is letters of request, no
unto us a number of precedents in the reigns letters of mart:'6Nihil potest nisi eodem modo
of several kings, and chiefly of those kings which petere."
come nearest his majesty's own worthiness; In the same year, the merchants of York petiwherein he said, that he would not put his credit tioned in parliament against the Hollanders, and
upon ciphers and dates; because it was easy to desired their ships might be stayed both in Engmistake the year of a reign, or number of a roll, land and at Calais. The king's ans'wer was,
but he would avouch them in substance to be Let it be declared unto the king's council, arnd
perfect and true as they are taken out of the they shall have such remedy as is according to
records. By which precedents it will appear, reason.
that petitions made in parliament to kings of this In the second year of King Richard I., the
realm, his majesty's progenitors, intermeddling merchants of the sea-coast did complain of divers
with matter of war or peace, or inducement there- spoils upon their ships and goods by the Spa
unto, receive small allowance or success, but niard. The king's answer was, That with the
were always put off with dilatory answers; some- advice of his council he would procure remedy.
times referring the matter to their council, some- His lordship cited two other precedents; the
times to their letters, sometimes to their farther one, in the second year of King Henry IV., of a
pleasure and advice, and such other forms; ex- petition against the merchants of Genoa; the
pressing plainly, that the kings meant to reserve other, in the eleventh year of King Henry VI., of
matter of that nature entirely to their own power a petition against the merchants of the still-yard,
and pleasure. which I omit, because they contain no variety of
In the eighteenth year of King Edward I., com- answer.
plaint was made by the Commons, against the His lordship farther cited two precedents consubjects of the Earl of Flanders, with petition of cerning other points of prerogative, which are
redress. The king's answer was, "'Rex nihil likewise flowers of the crown; the one, touching
aliud potest, quam eodem modo petere;" that is, the king's supremacy ecclesiastical, the other,
That the king could do no more but make request touching the order of weights and measures. The
to the Earl of Flanders, as request had been made former of them was in the time of King Richard I1.,
to him; and yet nobody will imagine but King at what time the Commons complained against
Edward the First was potent enough to have had certain encroachments and usurpations ofthe pope:
his reason of a count of Flanders by a war; and and the king's answer was, "T''he king bath given
yet his answer was, ",Nihil aliud potest;" as order to his council to treat with the bishops
giving them to understand, that the entering thereof." The other was in the eighteenth year
into a war was a matter transcendent, that must of King Edward I., at which time complaint was
not depend upon such controversies. made against uneven weights: and the king's
In the fourteenth year of King Edward III., the answer was, ", Vocentur partes ad placita regis, et
Commons petitioned, that the king would enter fiat justitia;" whereby it appeared, that the kings
into certain covenants and capitulations with the of this realm still used to refer causes petitioned
Duke of Brabant; in which petition there was in parliament to the proper places of Cognisance
also inserted somewhat touching a money matter. and decision. But for the matter of war and
T'he king's answer was, That for that which con- peace, as appears in all the former precedentd,
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