we had the
last parliament to our petition. But since that parliament, we have no
reformation." Sir Robert Wroth said, "I speak, and I speak it boldly,
these patentees are worse than ever they were." Mr. Hayward Townsend
proposed, that they should make suit to her majesty, not only to repeal
all monopolies grievous to the subject, but also that it would please
her majesty to give the parliament leave to make an act that they might
be of no more force, validity, or effect, than they are at the common
law, without the strength of her prerogative. Which though we might
now do, and the act being so reasonable, we might assure ourselves
her majesty would not delay the passing thereof, yet we, her loving
subjects, etc., would not offer without her privity and consent, (the
cause so nearly touching her prerogative,) or go about to do any such
act.
On a subsequent day, the bill against monopolies was again introduced,
and Mr. Spicer said, "It is to no purpose to offer to tie her majesty's
hands by act of parliament, when she may loosen herself at her
pleasure." Mr. Davies said, "God hath given that power to absolute
princes, which he attributes to himself. Dixi quod Dii estis.'" (N.
B. This axiom he applies to the kings of England.) Mr. Secretary Cecil
said, "I am servant to the queen, and before I would speak and give
consent to a case that should debase her prerogative, or abridge it, I
would wish that my tongue were cut out of my head. I am sure there
were law-makers before there were laws; (meaning, I suppose, that the
sovereign was above the laws.) One gentleman went about to possess us
with the execution of the law in an ancient record of 5 or 7 of Edward
III. Likely enough to be true in that time, when the king was afraid of
the subject. If you stand upon law, and dispute of the prerogative, hark
ye what Bracton says: 'Praerogativam nestram nemo audeat disputare.' And
for my own part, I like not these courses should be taken. And you,
Mr. Speaker, should perform the charge her majesty gave unto you in the
beginning of this parliament, not to receive bills of this nature; for
her majesty's ears be open to all grievances, and her hands stretched
out to every man's petitions. When the prince dispenses with a penal
law, that is left to the alteration of sovereignty, that is good and
irrevocable." Mr. Montague said, "I am loath to speak what I know, lest,
perhaps, I should displease. The prerogative royal is that which is
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