« PreviousContinue »
wherein we do both conceive that this, being as the first offer, will be increased. And we consider, also, that the merchants of the west, who have sustained in proportion far greater damage than those of London, will come into the circle, and follow the example; and for that purpose letters are directed unto them.
selected justices to have the care and charge thereof laid upon them; and they answerable for the observing of his majesty's proclamation, and for stop of all farther building; for which purposes the said Eslus are warned to be before the board, where they shall receive a strait charge, and be tied to a continual account.
For the provost's marshals there is already direction given for the city and the counties adjacent; and it shall be strengthened with farther commission, if there be cause.
Secondly, for the consultation de modo of the arming and proceeding against them, in respect that my lord admiral* cometh not yet abroad, the table hath referred it to my lord treasurer,† the Lord Carew, and Mr. Chancellor of the For the proclamation that lieutenants, (not beExchequer, who heretofore hath served as trea-ing counsellors,) deputy lieutenants, justices of surer of the navy, to confer with the lord admiral, calling to that conference Sir Robert Mansell, and others expert in sea service, and so to make report unto the board. At which time some principal merchants shall likewise attend for the lords' better information.
the peace, and gentlemen of quality should depart the city, and reside in their countries, we find the city so dead of company of that kind for the present, as we account it out season to command that which is already done. But after men have attended their business the two next terms, in the end of Trinity term, according to the custom, when the justices shall attend at the Star Chamber, I shall give a charge concerning the same; and that shall be corroborated by a proclamation, if cause be.
So that, when this is done, his majesty shall be advertised from the table; whereupon his majesty may be pleased to take into his royal consideration, both the business in itself, and as it may have relation to Sir John Digby's embassage. For the information given against the WitherFor safety and caution against tumults and dis-ingtons, that they should countenance and abet orders in and near the city, in respect of some the spoils and disorders in the middle shires, we idle flying papers, that were cast abroad of a May- find the informers to falter and fail in their day, &c. the lords have wisely taken a course accusation. Nevertheless, upon my motion, the neither to nurse it or nourish it by too much ap- table hath ordered, that the informer shall attend prehension, nor much less to neglect due provision one of the clerks of the council, and set down to make all sure. And therefore order is given, articulately what he can speak, and how he can that as well the trained bands as the military prove it, and against whom, either the Witheringbands newly erected shall be in muster as well tons or others. weekly, in the mean time, on every Thursday, which is the day upon which May-day falleth, as in the May-week itself, the Monday, Tuesday, Wednesday, and Thursday. Besides that, the strength of the watch shall that day be increased. For the buildings in and about London, order is given for four selected aldermen and four
For the causes of Ireland, and the late letters from the deputy,* we have but entered into them, and have appointed Tuesday for a farther consultation of the same; and, therefore, of that subject I forbear to write more for this present.
March 30, 1617. An account of Council Business.
AN ACCOUNT OF COUNCIL BUSINESS,
AND OF OTHER MATTERS COMMITTED TO ME BY HIS MAJESTY.
FIRST, for May-day, at which time there was great apprehension of tumult by apprentices and loose people. There was never such a still. The remedies that did the effect were three.
Charles Howard, Earl of Nottingham. + Thomas Howard, Earl of Suffolk.
George, Lord Carew, who had been president of Munster, in Ireland, and was now master of the ordnance. He was created Earl of Totness by King Charles I., in 1626.
Sir Fulk Grevile.
First, the putting in muster of the trained bands and military bands in a brave fashion that way. Next, the laying a strait charge upon the mayor and aldermen for the city, and justices of the peace for the suburbs, that the apprentices and others might go abroad with their flags and other gauderies, but without weapon of shot and pike, as they formerly took liberty to do; which charge
* Sir Oliver St. John, afterwards Viscount Grandison.
was exceedingly well performed and obeyed. the chancery, which did seem to them exorbitant, And the last was, that we had, according to our or inordinate; that they should freely and friendly warrant dormant, strengthened our commissions acquaint me with it, and we should soon agree; of the peace in London and Middlesex with new or if not, we had a master that could easily both disclauses of lieutenantcy; which, as soon as it was cern and rule. At which speech of mine, besides a known abroad, all was quiet by the terror it great deal of thanks and acknowledgment, I did wrought. This I write because it maketh good see cheer and comfort in their faces, as if it were my further assurance I gave his majesty at his a new world. first removes, that all should be quiet, for which I
received his thanks.
For the Irish affairs, I received this day his majesty's letters to the lords, which we have not yet opened, but shall sit upon them this afternoon. I do not forget, besides the points of state, to put my lord treasurer in remembrance that his majesty laid upon him the care of the improvement of the revenue of Ireland by all good means, of which I find his lordship very careful, and I will help him the best I can.
The matter of the revenue of the recusants here in England I purpose to put forward by a conference with my Lord of Canterbury, upon whom the king laid it, and upon Secretary Winwood; and because it is a matter of the exchequer, with my lord treasurer and Mr. Chancellor, and after to take the assistance of Mr. Attorney and the learned counsel, and when we have put it in a frame, to certify his majesty.
The business of the pirates is, I doubt not, by this time come to his majesty upon the letters of us the commissioners, whereof I took special care. And I must say I find Mr. Vice-Chamberlain a good able man with his pen. But to speak of the main business, which is the match with Spain, the king knows my mind by a former letter; that I would be glad it proceeded with a united counsel; not but that votes and thoughts are to be free. But yet, after a king hath resolved, all men ought to co-operate, and neither to be active nor much loquutive in oppositum; especially in a case where a few dissenting from the rest may hurt the business in foro famæ.
The second point was, that I let them know how his majesty at his going gave me charge to call and receive from them the accounts of their circuits, according to his majesty's former prescript, to be set down in writing. And that I was to transmit the writings themselves to his majesty, and, accordingly, as soon as I have re│ceived them, I will send them to his majesty.
Some two days before I had a conference with some judges, (not all, but such as I did choose,) touching the high commission, and the extending of the same in some points, which I see I shall be able to despatch by consent, without his majesty's further trouble.
I did call upon the committees also for the proceeding in the purging of Sir Edward Coke's Reports, which I see they go on with seriously.*
Thanks be to God, we have not much to do for matters of counsel; and I see now that his majesty is as well able by his letters to govern England from Scotland, as he was to govern Scotland from England.
* During the time that my Lord Chief Justice Coke lay under the displeasure of the court, for the reasons I have mentioned in the Discourse preceding these letters, some eleven books of Reports, had written many things against information was given to the king, that he, having published his majesty's prerogative. And, being commanded to explain some of them, my Lord Chancellor Ellesmere doth, thereupon, in his letter of 22d of October, 1616, write thus to the king: According to your majesty's directions signified unto me by Mr. Solicitor, I called the lord chief justice before me on Thursday, the 17th instant, in the presence of Mr. know your majesty's acceptance of the few animadversions which, upon review of his own labours, he had sent, though fewer than you expected, and his excuses other than you expected. And did at the same time inform
Attorney and others of your learned counsel. I did let him
him, that his majesty was dissatisfied with several other passages therein; and those not the principal points of the cases judged, but delivered by way of expatiation, and which might have been omitted without prejudice to the judgment: of which sort the attorney and solicitor-general did for the present only select five, which being delivered to the chief justice on the 17th of October, he returns his anhave seen under his own hand. It is true, the lord chancellor wished he might have been spared all service concerning the bis debita nostra, &c. Insomuch that, though a committee of chief justice, as remembering the fifth petition of dimitte nojudges was appointed to consider these books, yet the matter
swers at large upon the 21st of the same month, the which I
Yesterday, which was my weary day, I bid all the judges to dinner, (which was not used to be,) and entertained them in a private withdrawing chamber, with the learned counsel. When the feast was passed, I came amongst them, and set me down at the end of the table, and prayed them to think I was one of them, and but a foreman. I told them I was weary, and therefore must be short, and that I would now speak to them upon two points. Whereof the one was, that I would tell them plainly, that I was firmly persuaded, that the former discords and differences between the chancery and other courts were but flesh and blood; and that now the men were gone, the matter was gone; and that, for my part, as I those points, so as no shadow may remain against his prerowould not suffer any the least diminution or derogative; that then all the judges of England may be called gation from the ancient and due power of the chancery, so, if any thing should be brought to them at any time, touching the proceedings of
seems to have slept, till after Sir Francis Bacon was made lord keeper, it revived, and two judges more were added to the former. Whereupon, Sir Edward Coke doth, by his letter, make his humble suit to the Earl of Buckingham,— 1. That if his majesty shall not be satisfied with his former offer, viz. by the advice of the judges to explain and publish
thereto. 2. That they might certify also what cases he had published for his majesty's prerogative and benefit, for the
good of the church, and quieting men's inheritances, and good
of the commonwealth. But Sir Edward being then, or Boon
A DRAUGHT OF AN ACT
A USURIOUS SHIFT OF GAIN, IN DELIVERING COMMODITIES INSTEAD OF
WHEREAS it is a usual practice, to the undoing and overthrowing many young gentlemen, and others, that when men are in necessity, and desire to borrow money, they are answered, that money cannot be had, but that they may have commodities sold unto them upon credit, whereof they may make money as they can: in which course it ever comes to pass, not only that such commodities are bought at extreme high rates, and sold again far under foot to a double loss; but also that the party which is to borrow is wrapt in bonds and counter-bonds; so that upon a little money which he receiveth, he is subject to penalties and suits of great value.
of the same commodities, and knowing that it is bought to be sold again, to help and furnish any person, that tradeth not in the same commodity, with money, he shall be without all remedy by law, or custom, or decree, or otherwise, to recover or demand any satisfaction for the said wares or commodities, what assurance soever he shall have by bond, surety, pawn, or promise of the party, or any other in his behalf. And that all bonds and assurances whatsoever, made for that purpose directly or indirectly, shall be utterly void.
And be it further enacted, by the authority aforesaid, that every person, which shall after the time aforesaid be used or employed as a broker, Be it therefore enacted, by the authority of this mean, or procurer, for the taking up of such compresent Parliament, that if any man, after forty modities, shall forfeit for every such offence the days from the end of this present session of Par- sum of one hundred pounds, the same to be liament to be accounted, shall sell in gross sale and shall be farther punishany quantity of wares or commodities unto such a ed by six months' imprisonment, without bail or one as is no retailer, chapman, or known broker mainprise, and by the pillory.
REPRESSING OF SINGULAR COMBATS OR DUELS,
IN THE HANDWRITING OF SIR FRANCIS BACON.
FIRST, for the ordinance which his majesty | to any offence past, for that strikes before it may establish herein, I wish it may not look back warns. I wish also it may be declared to be
after, coming into favour by the marriage of his daughter, I
conceive there was no farther proceedings in this affair. It will be needless for me to declare what reputation these books have among the professors of the law; but I cannot omit, upon this occasion, to take notice of a character Sir Francis Bacon had some time before given them, in his proposition to the king touching the compiling and amendment of the laws of England. "To give every man his due, had it not been for Sir Edward Coke's Reports, which, though they may have errors, and some peremptory and extrajudicial resolutions more than are warranted, yet they contain infinite good decisions and rulings over of cases, the law by this time had been almost like a ship without ballast; for, that the cases of modern experience are fled from those that are adJudged and ruled in former time."
temporary, until a Parliament; for that will be very acceptable to the Parliament; and it is good to teach a Parliament to work upon an edict or proclamation precedent.
For the manner, I should think fit there be published a grave and severe proclamation, induced by the overflow of the present mischief.
For the ordinance itself: first, I consider that offence hath vogue only amongst noble persons, or persons of quality. I consider also that the greatest honour for subjects of quality in a lawful monarchy, is to have access and approach
to their sovereign's sight and person, which is the fountain of honour: and though this be a comfort all persons of quality do not use; yet there is no good spirit but will think himself in darkness, if he be debarred of it. Therefore I do propound, that the principal part of the punishment be, that the offender, in the cases hereafter set down, be banished perpetually from approach to the courts of the king, queen, or prince.
Secondly, That the same offender receive a strict prosecution by the king's attorney, ore tenus, in the Star Chamber; for the fact being notorious, will always be confessed, and SO made fit for an ore tenus. And that this prosecution be without respect of person, be the offender never so great; and that the fine set be irremissible.
Lastly, For the causes, that they be these following:
1. Where any singular combat, upon what quarrel soever, is acted and performed, though death do not ensue.
2. Where any person passeth beyond the seas, with purpose to perform any singular combat, though it be never acted.
3. Where any person sendeth a challenge. 4. Where any person accepteth a challenge. 5. Where any person carrieth or delivereth a challenge.
6. Where any person appointeth the field, directly, or indirectly, although it be not upon any cartel or challenge in writing.
7. Where any person accept to be a second in any quarrel.
ADVICE TO THE KING.
FOR REVIVING THE COMMISSION OF SUITS.
THAT which for the present I would have spoken with his majesty about, was a matter wherein time may be precious, being upon the tenderest point of all others. For though the particular occasion may be despised, (and yet nothing ought to be despised in this kind,) yet the counsel thereupon I conceive to be most sound and necessary, to avoid future perils.
ner of his speaking imported no distraction. But the counsel I would out of my care ground hereupon, is, that his majesty would revive the commission for suits, which hath been now for these three years or more laid down. For it may prevent any the like wicked cogitations, which the devil may put into the mind of a roarer or swaggerer upon a denial: and, besides, it will free his majesty from much importunity, and save his coffers also. For I am sure when I was a commissioner, in three whole years' space there passed scarce ten suits that were allowed. And I doubt now, upon his majesty's coming home from this journey, he will be much troubled with petitions and suits, which maketh me think this remedy more seasonable. It is not meant, that suits generally should pass that way, but only such suits as his majesty would be rid on.
There is an examination taken within these few days by Mr. Attorney, concerning one Bayntan, or Baynham, (for his name is not yet certain,) attested by two witnesses, that the said Bayntan, without any apparent show of being overcome with drink, otherwise than so as might make him less wary to keep secrets, said that he had been lately with the king, to petition him for reward of service; which was denied him. Whereupon it was twice in his mind to have killed his majesty. The man is not yet apprehended, and said by some to be mad, or half mad; which in my opinion, is not the less dangerous; for such September 21, 1617,-To revive the commission of men commonly do most mischief; and the mansuits. For the King.
WHY THE NEW COMPANY IS NOT TO BE TRUSTED AND CONTINUED WITH THE TRADE OF CLOTHES.
FIRST, The company consists of a number of young men shopkeepers, which not being bred in the trade, are fearful to meddle with any of the dear
and fine clothes, but only meddle with the coarse clothes, which is every man's skill; and, besides, having other trades to live upon, they come in the
an end, upon the revivor of the old ; in respect that they are able men and united amongst themselves. Fifthly, In these cases, opinio est veritate major, and the very voice and expectation of revivor of the old company will comfort the clothiers, and encourage them not to lay down their looms.
sunshine so long as things go well, and as soon most, and is provided for but a temporary and as they meet with any storm or cloud, they leave weak remedy) is supposed would be presently at trade, and go back to shopkeeping. Whereas the old company were beaten traders, and having no other means of living but that trade, were fain to ride out all accidents and difficulties, which (being men of great ability) they were well able to do. Secondly, These young men being the major part, and having a kind of dependence upon Alderman Cockaine, they carry things by plurality of voices. And yet those few of the old company which are amongst them do drive almost three parts of the trade; and it is impossible things should go well, where one part gives the vote, and the other doth the work; so that the execution of all things lies chiefly upon them that never consented, which is merely motus violentus, and cannot last.
Thirdly, The new company make continually such new springing demands, as the state can never be secure nor trust to them, neither doth it seem that they do much trust themselves.
Fourthly, The present stand of cloth at Blackwell-hall (which is that that presseth the state
Sixthly, The very Flemings themselves (in regard of the pique they have against the new company) are like to be more pliant and tractable towards his majesty's ends and desires.
Seventhly, Considering the business hath not gone on well; his majesty must either lay the fault upon the matter itself, or upon the persons that have managed it; wherein the king shall best acquit his honour, to lay it where it is indeed; that is, upon the carriage and proceedings of the new company, which have been full of uncertainty and abuse.
Lastly, The subjects of this kingdom generally have an ill taste and conceit of the new company; and therefore the putting of them down will discharge the state of a great deal of envy.