a little before the late troubles (meaning the Earl of Essex's matters) by the unfortunate event of them was not so hindered, but that since that time, even in the midst of her most great and weighty occasions, she thought upon them. And that this should not suffice, but that further order should be taken presently, and not in futuro (for that also was another word which I take it her Majesty used), and that some should be presently repealed, some suspended, and none put in execution but such as should first have a trial according to the law for the good of the people. Against the abuses her wrath was so incensed, that she said, that she neither could nor would suffer such to escape with impunity. So to my unspeakable comfort she hath made me the messenger of this her gracious thankfulness and care.

181. Act of Recognition of the King's Title

GRE

(1604. 1 James I, c. I. Prothero, 250, 251.)

REAT and manifold were the benefits, most dread and most gracious Sovereign, wherewith Almighty God blessed this kingdom and nation by the happy union and conjunction of the two noble houses of York and Lancaster, thereby preserving this noble realm, formerly torn and almost wasted with long and miserable dissension and bloody civil war; but more inestimable and unspeakable blessings are thereby poured upon us, because there is derived and grown from and out of that union of those two princely families, a more famous and greater union, or rather a reuniting, of two mighty, famous and ancient kingdoms (yet anciently but one) of England and Scotland, under one imperial crown, in your most royal person * We therefore, your most humble and loyal subjects, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, do from the bottom of our hearts yield to the Divine Majesty all humble thanks and praises, not only for the said unspeakable and inestimable benefits and blessings above mentioned, but also that he hath further enriched your Highness with a most royal progeny, of most rare and excellent gifts and forwardness, and in his goodness is likely to increase the happy number of them and in most humble and lowly manner do beseech your most excellent Majesty, that (as a memorial to all posterities, amongst the records of your High Court of Parliament for ever to endure, of our loyalty, obedience and hearty and humble

affection), it may be published and declared in this High Court of Parliament, and enacted by authority of the same, That we (being bounden thereunto both by the laws of God and man) do recognize and acknowledge (and thereby express our unspeakable joys) that immediately upon the dissolution and decease of Elizabeth, late Queen of England, the imperial crown of the realm of England, and of all the kingdoms, dominions and rights belonging to the same, did, by inherent birthright and lawful and undoubted succession, descend and come to your most excellent Majesty, as being lineally, justly and lawfully next and sole heir of the blood royal of this realm as is aforesaid; and that by the goodness of God Almighty and lawful right of descent, under one imperial crown, your Majesty is of the realms and kingdoms of England, Scotland, France and Ireland, the most potent and mighty King

182. Commission for Negotiating a Union with Scotland

WHE

(1604. 1 James I. c. 2. Prothero, 251, 252.)

HEREAS his most excellent Majesty hath been pleased, out of his great wisdom and judgment, not only to represent unto us by his own prudent and princely speech on the first day of this Parliament, how much he desired, in regard of his inward and gracious affection to both the famous and ancient realms of England and Scotland, now united in allegiance and loyal subjection in his royal person to his Majesty and his posterities for ever, that by a speedy, mature and sound deliberation such a further union might follow, as should make perfect that mutual love and uniformity of manners and customs which Almighty God in his providence for the strength and safety of both realms hath already so far begun in apparent sight of all the world, but also hath vouchsafed to express many ways how far it is and ever shall be from his royal and sincere care and affection to the subjects of England to alter and innovate the fundamental and ancient laws, privileges and good customs of this kingdom, whereby not only his regal authority but the people's security ** * are preserved : forasmuch as

his Majesty's humble, faithful and loving subjects have not only conceived the weight of his Majesty's reasons, but apprehend to their unspeakable joy and comfort his plain intention to seek no other changes, but of such particular, temporary or indifferent man

ner of statutes and customs as may both prevent and extinguish all future questions or unhappy accidents, by which the * friendship and quietness between the subjects of both the realms aforesaid may be completed and confirmed, and also accomplish that real and effectual union already inherent in his Majesty's royal blood and person * be it therefore enacted by the King's most excellent Majesty, by and with the assent and consent of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by authority of the same, That Thomas, Lord Ellesmere, Lord Chancellor of England [and 43 others named], commissioners selected and nominated by authority of this present Parliament, or any eight or more of the said lords of the said higher house and any twenty or more of the said knights, citizens and burgesses of the said house of the commons, shall * * * have full power *** before the next session of this Parliament, to * ** treat and consult with certain selected commissioners to be nominated and authorized by authority of Parliament of the realm of Scotland * concerning such an union of the said realms of England and Scotland * * * ; which commissioners of both the said realms shall reduce their doings and proceedings therein into writings or instruments, that thereupon such further proceedings may be had as by both the said parliaments shall be thought fit and necessary for the weal and common good of both the said realms.

**

183. Act in Shirley's Case

(1604. 1 James I. Private Acts c. 9. Prothero, 324, 325.)

HUMBLY pray the Commons of this present parliament that, whereas Thomas Shirley, knight, which came by your Highness' commandment to this your present parliament, being elected and returned a burgess for the borough of Steyning in your Highness' county of Sussex, was upon the 15th day of March last past arrested by the sheriff of London at the suit of one Giles Simpson first upon an action of debt, and afterwards the same day laid and detained in execution upon a recognizance, of the nature of the statute staple, of £3000, in the prison commonly called the Compter in the Poultry in London, at the suit of the said Simpson, and from thence by Habeas Corpus was removed to your Majesty's prison of the Fleet, contrary to the liberties, privilege and

freedom accustomed and due to the Commons of your Highness' parliament, who have ever used to enjoy the freedom of coming to and returning from the parliament and sitting there without restraint or molestation, and it concerneth your Commons greatly to have this freedom and privilege inviolably observed; yet, to the end that no person be prejudiced or damnified hereby, May it please your Highness by the assent of the Lords spiritual and temporal and Commons in this present parliament assembled, and by the authority of the same, it may be ordained and enacted, That the said sheriff of London, the now warden of the Fleet, and all others that have had the said Thomas in custody since the said first arrest may not nor shall in any wise be hurt, endamaged or grieved because of dismissing at large the said Thomas Shirley : saving always to the said Giles Simpson and other the persons before said, at whose suit the said Thomas is detained in prison, their executions and suits at all times after the end of this present session of parliament to be taken out and prosecuted as if the said Thomas had never been arrested or taken in execution, and as if such actions had never been brought or sued against him; saving also to your Majesty's said Commons called now to this your parliament, and their successors, their whole liberties, franchises and privileges in all ample form and manner, as your Highness' said Commons at any time before this day have had, used and enjoyed and ought to have, use and enjoy, this present act and petition in any wise notwithstanding.

184. Opinions of the Court of Exchequer in Bates' Case

(1606. 11 State Trials, 30-32. Prothero, 340-342.)

[Baron Clarke] * *It seemeth to me strange that any subjects would contend with the King in this high point of prerogative; but such is the King's grace that he has showed his intent to be, that this matter shall be disputed and adjudged by us according to the ancient law and custom of the realm. * As it is not a kingdom without subjects and government, so he is not a king without revenues. The revenue of the crown is the very essential part of the crown, and he who rendeth that from the King pulleth also his crown from his head, for it cannot be separated from the crown. And such great prerogatives of the crown,

without which it cannot be, ought not to be disputed; and in these cases of prerogative the judgment shall not be according to the rules of the common law, but according to the precedents of this court, wherein these matters are disputable and determinable.

True it is that the weal of the King is the public weal of the people, and he for his pleasure may afforest the wood of any subject, and he thereby shall be subject to the law of the forest; and he may take the provision of any man by his purveyor for his own use, but at reasonable prices and without abuse, the abuse of which officer hath been restrained by divers statutes; and the King may take wines for his provision, and also timber for his ships, castles or houses in the wood of any man, and this is for public benefit and the King may alloy or enhance coin at his pleasure, for the plenty of the king is the people's peace.

:

The Statute of the 45 Edw. III, Cap. 4, which hath been so much urged, that no new imposition shall be imposed upon woolfells, wool or leather but only the custom and subsidy granted to the King this extends only to the King himself and shall not bind his successors, for it is a principal part of the Crown of England which the King cannot diminish. And the same King, in the 24th of his reign, granted divers exemptions to certain persons, and because that it was in derogation of his state imperial, he himself recalled and annulled the same

*

All the ports of the realm belong to the King.

The writ

of ne exeat regno comprehends a prohibition to him to whom it is directed that he shall not go beyond the seas, and this may be directed at the King's pleasure to any man who is his subject; and so consequently may he prohibit all merchants. And as he may prohibit the persons, so may he the goods of any man, viz. that he shall export or import at his pleasure. And if the King may generally inhibit that such goods shall not be imported, then by the same reason may he prohibit them upon condition or sub modo, viz. that if they import such goods, that then they shall pay, &c. *

[Chief Baron Fleming.] The King's power is double, ordinary and absolute, and they have several laws and ends. That of the ordinary is for the profit of particular subjects, for the execution of civil justice, the determining of meum; and this is exercised by equity and justice in ordinary courts, and by the civilians is nominated jus privatum, and with us common law; and these laws cannot be changed without parliament; and although that their form and course may be changed and interrupted, yet they can never be changed in substance. The absolute power of the King