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put in for private respects; and upon the return of such opinion, his lordship will give farther order for the commission to pass.
95. No new commission of sewers shall be granted while the first is in force, except it be upon discovery of abuse or fault in the first commissioners, or otherwise upon some great and weighty ground.
96. No commission of bankrupt shall be granted but upon petition first exhibited to the lord chancellor, together with names presented, of which his lordship will take consideration, and always mingle some learned in the law with the rest; yet so as care be taken that the same parties be not too often used in commissions; and likewise care is to be taken that bond with good surety be entered into, in 2001. at least, to prove him a bankrupt.
97. No commission of delegates in any cause of weight shall be awarded, but upon petition preferred to the lord chancellor, who will name the commissioners himself, to the end they may be persons of convenient quality, having regard to the weight of the cause, and the dignity of the court from whence the appeal is.
98. Any man shall be admitted to defend in forma pauperis upon oath; but for plaintiffs, they are ordinarily to be referred to the court of requests, or to the provincial councils, if the case arise in those jurisdictions, or to some gentlemen in the country, except it be in some special cases of commiseration, or potency of the adverse party.
99. Licences to collect for losses by fire or water are not to be granted, but upon good certificate; and not for decays by suretyship or debt, or any other casualties whatsoever; and they are rarely to be renewed; and they are to be directed ever unto the county where the loss did arise, if it were by fire, and the counties that abut upon it, as the case shall require; and if it were by sea, then unto the county where the port is from whence the ship went, and to some sea-counties adjoining.
100. No exemplifications shall be made of letters patents, inter alia, with omission of the general words ; nor of records made void or cancelled; nor of the decrees of this court not inrolled; nor of depositions by parcel and fractions, omitting the residue of the depositions; nor of depositions in court, to which the hand of the examiner is not subscribed ; nor of records of the court not being inrolled or filed; nor of records of any other court, before the same be duly certified to this court, and orderly filed here; nor of any records upon the sight and examination of any copy in paper, but upon sight and examination of the original.
101. And because time and experience may discover some of these rules to be inconvenient, and some other to be fit to be added; therefore his lordship intendeth in any such case from time to time to publish any such revocations or additions. APPENDIX.
In 1641 there was published a small volume in 21 chapters, with the title Cases of Treason, written by Sir Francis Bacon, H.M.'s Solicitor-General. The same matter, with very slight variation and with differing titles, is to be found in Harl. MSS. No. 6797, Sloane MSS. No. 4263, and Lansd. MSS. No. 612, all of them assigning 1608 as the date of the composition.
The first part of the collection is in substance the same as the Preparation for the Union of Laws, omitting the preface; the main difference being the compression here and there of several clauses in the Preparation into one :-for instance, comprising in the first paragraph the death of the king, the king's wife, and the king's eldest son; or, as another copy has it more concisely, the king, his wife, or eldest son. If the collection had been in existence (whether Bacon's or another's) before it was used for the special purpose of the Union, the separation of such a paragraph into its elements would be natural for the purpose of collation with Scotch law.
The five paragraphs forming the first fragment in this appendix immediately follow the Cases of Ileresy. They may well (if genuine) have been intended for insertion in the third part of the Preparation.
Some copies incorporate with this text what others make part of a synopsis — comprehending what has already been printed at p. 754., and other matter quite beside any of the subjects of this collection. As I think this must be the true origin of the paragraphs in question, I have printed them in this form.
The Auswers to the Questions of Sir A. Hay, follow : and then the other matter lastly here printed.
On this last portion Archbishop Sancroft notes, “ Written, some say, by Sir John Doderidge.” On referring to Doderidge's Ilistory of the Principality of Wales (which, though the earliest printed edition in the Brit. Mus. is of 1631, appears to have been written when Lord Buckhurst was Treasurer, and Lord Zouch President of the Welsh Council, and was therefore probably accessible to Bacon and others in 1608), I find that the greater part of the matter is to be found there with such differences as to make it specially applicable to Wales. Bacon, or whoever the compiler may be, must have thought it a handy summary, and so have adopted and adapted it. I think it probable the greater part of the collection might in like manner be traced to other hands, Lambard, &c., if it were worth while to make the search.
CASES OF THE KING'S PREROGATIVE.
The king's prerogative in parliament. 1. The king hath an absolute negative voice to all bills that pass the parliament, so as without his royal assent they have a mere nullity, and not so much as authoritas præscripta, as senatus consulta had notwithstanding the intercession of tribunes.
2. The king may summon parliaments, dissolve them, adjourn and prorogue them at his pleasure.
3. The king may add voices in parliament at his pleasure, for he may give privileges to borough towns, and call and create barons at his pleasure.
4. No man can sit in parliament unless he take the oath of allegiance.
The king's prerogative in war and peace. 1. The king hath power to declare and proclaim war, and make and conclude peace.
2. The king hath power to make leagues and confederacies with foreign estates, more or less strait, and to revoke and disannul them at his pleasure.
3. The king hath power to command the bodies of his subjects for service of his wars, and to muster, train, and levy men, and to transport them by sca or land at his pleasure.
4. The king hath power in time of war to execute martial law, and to appoint all officers of war at his pleasure.
5. The king hath power to grant his letters of mart and reprisal for remedy to his subjects upon foreign wrongs.
6. The king may give knighthood, and thereby enable any subject to perform knight's service.
The king's prerogative in matter of money. 1. The king may alter his standard in baseness or fineness. 2. The king may alter his stamp in the form of it.
3, The king may at his pleasure alter the valuations, and raise and fall moneys.
4. The king may by proclamation make money of his own current or not.
5. The king may take or refuse the subjects' bullion or coin for more or less money.
6. The king by proclamation may make foreign money current, or not.
The king's prerogative in matters of trade and traffic. 1. The king may constrain the person of any of his subjects not to go out of the realm.
2. The king may restrain any of his subjects to go out of the realm in any special part foreign.
3. The king may forbid the exportation of any commodities out of the realm.
4. The king may forbid the importation of any commodities into the realm.
5. The king may set a reasonable impost upon any foreign wares that come into the realm, and so of native wares that go out of the realm.
The king's prerogative in the persons of his subjects. 1. The king may create any corporation or body politic, and enable them to purchase, to grant, to sue, and be sued; and with such restrictions and limitations as he pleases.
2. The king may denizen and enable any foreigner for him and his descendants after the charter; though he cannot naturalize, nor enable him to make pedigree from ancestors paramount.
3. The king may enable any attainted person by his charter of pardon, and purge the blood for time to come, though he cannot restore the blood for the time past.
4. The king may enable any dead persons in the law, as