The works of Francis Bacon, lord chancellor of England.

A
SPEECH OF THE KING'S SOLICITOR,
USED UNTO
TIIE LORDS AT A CONFERENCE BY COMMISSION FROM THE COMMONS, MIOVING AND PERSUADING
TIlE LORDS TO JOIN WITH THE COMMONS IN PETITION TO TIIE KING, TO OBTAIN
LIBERTY TO TREAT OF A COMPOSITION WITH HIS MAJESTY FOR
WARDS AND TENURES.
IN THE PARLIAMENT 7 JACOBI.
TIHE knights, citizens, and burgesses of the treaty is granted: but the former two indeed may
Houseof Commons have commanded me to deliver exclude treaty, and cut it off before it be adto your lordships the causes of the conference by mitted.
them prayed, and by your lordships assented, for Nevertheless, in this that we shall say concernthe second business of this day. They have had ing those two, we desire to be conceived rightly
report made unto them faithfully of his majesty's we mean not to dispute with his majesty what
answer declared by my lord treasurer, touching belongeth to sovereign honour or his princely con.
their humble desire to obtain liberty from his ma- science; because we know we are not capable to
jesty to treat of compounding for tenures. And, discern of them otherwise than as men use somefirst, they think themselves much bound unto his times to see the image of the sun in a pail of
majesty, that in " re nova," in which case princes water, But this we say for ourselves, God forbid
use to be apprehensive, he hath made a gracious that we, knowingly, should have propounded any
construction of their proposition. And so much thing, that might in our sense and persuasion
they know of that, that belongs to the greatness touch either or both; and therefore herein we
of his majesty, and the greatness of the cause, as desire to be heard, not to inform or persuade his
themselves acknowledge they ought not to have majesty, but to free and excuse ourselves.
expected a present resolution, though the wise And, first, in general, we acknowledge, that
man saith1,"Hope deferred is the fainting of the this tree of tenures was planted into the prerogasoul." But they know their duty to be to attend tive by the ancient common law of this land:
his majesty's times at his good pleasure. And that it hath been fenced in and preserved by many
this they do with the more comfort, because that statutes, and that it yieldeth at this day to the
in his majesty's answer, matching the times, and king the fruit of a great revenue. But yet, notweighing the passages thereof, they conceive, in withstanding, if upon the stem of this tree may
their opinion, rather hope than discouragement. 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 But to spealk distinctly of both, and first of
lordship, my lord treasurer, in your last declara- honour: wherein I pray your lordships, give me
tion of his majesty's answer, according to the leave, in a subject that may seem 1" supra nos,"
attribute then given unto it by a great counsellor, to handle it rather as we are capable, than as the
had "' imaginem Ceasaris" fair and lively graven, matter perhaps may require. Your lordships well
made this true and effectual distribution, that know the various mixture and composition of our
there depended upon, tenures, considerations of House. We have in our House learned civilians
honour, of conscience, and of utility. Of these that profess a law, that we reverence and some
three, utility, as his majesty set it by for the pre- times consult with: they can tell us, that all the
sent, out of the greatness of his mind, so we set laws " de feodis" are but additionals to the anit by, out of the justness of our desires: for we cient civil law; and that the Roman emperors, in
never meant but a goodly and worthy augmenta- the full height of their monarchy, never knew
tion of the profit now received, and not a diminu- them; so that they are not imperial. We have
tion. But, to speak truly, that consideration fall- grave professors of the common law, who will
eth naturally to be examined when liberty of define unto us that those are parts of sovereignty,
VOL. II.-35 273