N

O T E S

TO THE

NINTH VOLUME.

NOTE [A], p. U -

HeRE is a passage of Sir John Davis’s question con-cerning impositions, p. 13 t. “ This power of laying on“ arbitrarily new impositions being a prerogative in point" .of government, as well as in point of profit, it cannot“ be restrained or bound by act of parliament; it cannot“ be limited by any certain or fixt rule of law, no more“ than the course of a pilot upon the sea, who must“ turn the helm or bear higher or lower sail, according“ to the wind or weather; and therefore it may be pro-“ perly said, that the king’s prerogative in this point, is“ as strong as Samson ; it cannot be bound: For though“ an act of parliament be made to restrain it, and the“ king doth give his consent unto it, as Samson was** bound with his own consent, yet if the Philistines“ come; that is, if any just or important occasion do“ arise, it cannot hold or restrain the prerogative; it“ will be as thread, and broken as easy as the bonds of“ Samson —The king’s prerogatives are the sun-beams of“ the crown, and as inseparable from it as the sun-beams“ from the fun: the king's crown must be taken from him;“ Samson’s hair must be cut out, before his courage can“ be any jot abated. Hence it is that neither the king’s“ act nor any act of parliament can give away his prero-“ gative. ”

NOTE [B], p. 103.

nvE shall here make use of the liberty, allowed in a

D d 3