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Show 90 ATROCIOuS JUDGES. [A.. D. HiO~ solicitor general the government lwd lost, made a very g3.llanL s eech, in which he maintained that " the q ueen, as . he is out· p . . f sovereign, hath both au enlarging and rc tr~u11ng power: or, by her prerogative, she may, 1st, set a t liberty things re. trained by statute law or otherwise; an(l 2{11y, by h er prerogative she may re. train things which be at liberty." lie concluded by expres ing the utn1ost horror of introducing any bill to meddle with the powers of the crown upon t he ubj cct, and protesting that " the only lawful course ·was to lea.Ye it to her majesty of her own free will to correct any hanl:;hips, if any had nrisen in the exercise of her just rigllt.~, n.s the arbi· tress of trade and commerce in the realm.H This plea ed her exceedingly, and even soften ed her mini ·- tcrs, insomuch that a promise wa · gi V(~n to p r01note F leming as soon as po · ~ible, and to appoint Bacon in his place. In tho e days there never existed the remotest notion of <lismis~ino- an altorney or solicitor o-encral, any more than a jm1ge i 0 • 0 for, though they all alike held during pleasure, till i1w acces· sion of the honsc of Stuart tbe tenure of nll of them \\'US practically secure. An attempt wa::s nuul0 to induce :Fleming to accept the nppointment of queen's ~et:jcant, which would l1:1Te given him precedence over the attorney general; but this failed, for he would thereby ha,·c l)cen consider ed a.' put upon the shelf, instead of lJeing on the bighway to p romotion. Elizabeth died, leaving Bncon with no higher rank than that of queen's counsel; ancl on the a c.ccssion of James I., Fleming wa · reappointed solicitor general. The event ju~tified his finnne:Ss in re._isting the attempt to shelve him, for in the following year, on the death of Sir 'Yil- 1\am Peryam, he was appointed chief baron of the Exchequer. Vvhile he held this o1I1ce he sat aloucr with Lord Cbief ' 0 A. D. 1C04.] Til 0:\IAS FL E:liiNG. 91 Ju. tice Popham on the trial of Guy Fawke~ and the gunpowder conspirators; b ut he followed the useful advice for subordinate judges on such an occasion-'' to look wise, and to say nothing." IIis mo t Inemorable judgment as chief bnron ·was in what is called " The Grea t Case of Impo;::;itions." ,.fbi ~ was, in truth, fully as in1portant as IIam pden's ca. e of ship n1oney, bnt did not acq uire ~uch ee1cbri ty in hi~to ry, because it 'va::~ long acquiesced in, to the de ·truetion of public lilJe r ty, wh r cas the other imn1ctliately prod uced the ciYil war. After an a ct of Parliament had pas.:;ecl a t the commencement of J an1es's reign, by wlLich an import duty of 2s. Gd. per cwt. was irnposcd upon currants, he by h i .... own a uthority lai<.l on an additional duty of 7s. Gd., making l Os. p er cwt. Bates, a L e vant merchant, who had imported a cargo of cu rra nts frorn ·v enice, very readily paid the pa.rlimncnta ry cluty of 2s. 3d. u pon it, but refused to pny tnore; thereupon the a ttorn y gen eral filed an information in the Court of Exchequer, to co1npel llitn to pay the additional duty of 7s. Gd.; so tbe que.'tion a rose, whether he was by law eompcllal>le to do so. After arguments at the bar which la. ted 1nany <lays, - Fleming, G. B ., sa itl : " The defcnuL1.nt':s plea in this ca e is without p reccclet}t or example , for he alleges that the imposition which 1hc king Ita laid i:-; ' indebt'te, i nj uste , et contra leges Anglice imposz:ta, and, therefore, he r efus ed to pay it.' The king, as is comtnonly ~ aid in oul' book~ canuot do wrong ; and if the king . eize any land without cause I ought to sue to hin1 in hun1Lle nuu.ner (luuN /lh'me supphccn·l:t, & ·.), and not in term -- of opposition. ,.fhe tnatt er of the plea Jin.; t. regar•ls the prerogative., and to derogate fr01n that is a part most undutiful in any suLject. Next it coneerns the transport of |
