« ForrigeFortsæt »
wherein we do both conceive that this, being as selected justices to have the care and charge the first offer, will be increased. And we con- thereof laid upon them; and they answerable for sider, also, that the merchants of the west, who the observing of his majesty's proclamation, and have sustained in proportion far greater damage for stop of all farther building; for which purthan those of London, will come into the circle, poses the said Eslus are warned to be before the and follow the example; and for that purpose board, where they shall receive a strait charge, letters are directed unto them.
and be tied to a continual account. Secondly, for the consultation de modo of the For the provost's marshals there is already arming and proceeding against them, in respect direction given for the city and the counties adthat my lord admiral* cometh not yet abroad, jacent; and it shall be strengthened with farther the table hath referred it to my lord treasurer,t commission, if there be cause. the Lord Carew, and Mr. Chancellor of the For the proclamation that lieutenants, (not beExchequer,s who heretofore hath served as trea- ing counsellors,) deputy lieutenants, justices of Burer of the navy, to confer with the lord admiral, the peace, and gentlemen of quality should depart calling to that conference Sir Robert Mansell, the city, and reside in their countries, we find the and others expert in sea service, and so to make city so dead of company of that kind for the prereport unto the board. At which time some prin- sent, as we account it out season to command that cipal merchants shall likewise attend for the which is already done. But after men have lords' better information.
attended their business the two next terms, in the So that, when this is done, his majesty shall end of Trinity term, according to the custom, be advertised from the table; whereupon his when the justices shall attend at the Star Chammajesty may be pleased to take into his royal ber, I shall give a charge concerning the same; consideration, both the business in itself, and as and that shall be corroborated by a proclamation, it may have relation to Sir John Digby's embas- if cause be. sage.
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, For the causes of Ireland, and the late letters which is the day upon which May-day falleth, as from the deputy,* we have but entered into them, in the May-week itself, the Monday, Tuesday, and have appointed Tuesday for a farther consulWednesday, and Thursday. Besides that, the tation of the same; and, therefore, of that subject strength of the watch shall that day be increased. I forbear to write more for this present. For the buildings in and about London, order
Endorsed, is given for four selected aldermen and four 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 First, the putting in muster of the trained bands great apprehension of tumult by apprentices and and military bands in a brave fashion that way. loose people. There was never such a still. Next, the laying a strait charge upon the mayor The remedies that did the effect were three. and aldermen for the city, and justices of the
peace for the suburbs, that the apprentices and * Charles Iloward, Earl of Nottingham. # Thomas Howard, Earl of Suffolk.
others might go abroad with their flags and other # George, Lord Carew, who had been president of Munster, gauderies, but without weapon of shot and pike, in Ireland, and was now master of the ordnance. He was
as they formerly took liberty to do; which charge created Earl of Totness by King Charles I., in 1626. Sir Fulk Grevile.
* 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 The second point was, that I let them know received his thanks.
how his majesty at his going gave me charge For the Irish affairs, I received this day his to call and receive from them the accounts of majesty's letters to the lords, which we have not their circuits, according to his majesty's former yet opened, but shall sit upon them this afternoon. prescript, to be set down in writing. And that I I do not forget, besides the points of state, to put was to transmit the writings themselves to his my lord treasurer in remembrance that his majesty majesty, and, accordingly, as soon as I have relaid upon him the care of the improvement of the ceived them, I will send them to his majesty. revenue of Ireland by all good means, of which I Some two days before I had a conference with find his lordship very careful, and I will help some judges, (not all, but such as I did choose,) him the best I can.
touching the high commission, and the extending The matter of the revenue of the recusants here of the same in some points, which I see I shall be in England I purpose to put forward by a con- able to despatch by consent, without his majesty's ference with my Lord of Canterbury, upon whom further trouble. the king laid it, and upon Secretary Winwood ; I did call upon the committees also for the proand because it is a matter of the exchequer, with ceeding in the purging of Sir Edward Coke's Remy lord treasurer and Mr. Chancellor, and after to ports, which I see they go on with seriously.* take the assistance of Mr. Attorney and the learned Thanks be to God, we have not much to do counsel, and when we have put it in a frame, to for matters of counsel; and I see now that his certify his majesty.
majesty is as well able by his letters to govern The business of the pirates is, I doubt not, by England from Scotland, as he was to govern this time come to his majesty upon the letters of Scotland from England. as the commissioners, whereof I took special care.
During the time that my Lord Chief Justice Coke lay And I must say I find Mr. Vice-Chamberlain a under the displeasure of the court, for the reasons I have good able man with his pen. But to speak of the mentioned in the Discourse preceding these letters, some main business, which is the match with Spain, eleven books of Reports, had written many things against
information was given to the king, that he, having published the king knows my mind by a former letter; that his majesty's prerogative. And, being commanded to ex. I would be glad it proceeded with a united plain some of them, my Lord Chancellor Ellesmere doth,
thereupon, in bis letter of 224 of October, 1616, write thus counsel; not but that votes and thoughts are to to the king: According to your majesty's directions signified be free. But yet, after a king hath resolved, all unto me by Mr. Solicitor, I called the lord chief justice before men ought to co-operate, and neither to be active nor me on Thursday, the 17th instant, in the presence of Mr.
Attorney and others of your learned counsel. I did let him much loquutive in oppositum; especially in a case know your majesty's acceptance of the few animadversions where a few dissenting from the rest may hurt the which, upon review of his own labours, he had sent, business in foro famæ.
though fewer than you expected, and his excuses other
than you expected. And did at the same time inform Yesterday, which was my weary day, I bid all him, that his majesty was dissatisfied with several other the judges to dinner, (which was not used to be,) passages therein; and those not the principal points of and entertained them in a private withdrawing the cases judged, but delivered by way of expatiation, and
which might have been omitted without prejudice to the chamber, with the learned counsel. When the judgment: of which sort the attorney and solicitor-general feast was passed, I came amongst them, and set did for the present only select five, which being delivered to me down at the end of the table, and prayed them the chief justice on the 17th of October, he returns his an. to think I was one of them, and but a foreman. I have seen under bis own hand. It is true, the lord chancellor told them I was weary, and therefore must be wished he might have been spared all service concerning the short, and that I would now speak to them upon bis debita nostra, &c. Insomuch that, though a committee of
chief justice, as remembering the fifth petition of dimitte notwo points. Whereof the one was, that I would judges was appointed to consider these books, yet the matter tell them plainly, that I was firmly persuaded, seems to have slept, till after Sir Francis Bacon was made that the former discords and differences between lord keeper, it revived, and two judges more were added to
the former. Whereupon, Sir Edward Coke doth, by his let. the chancery and other courts were but flesh and ter, make his bumble suit to the Earl of Buckingham,blood; and that now the men were gone, the 1. That if his majesty shall not be satisfied with his former matter was gone; and that, for my part, as I offer, viz. by the advice of the judges to explain and publish
those points, so as no shadow may remain against his prerowould not suffer any the least diminution or dero- gative; that then all the judges of England may be called gation from the ancient and due power of the thereto. 2. That they might certify also what cases he had chancery, so, if any thing should be brought to published for his majesty's prerogative and benefit, for the them at any time, touching the proceedings of good of the church, and quieting men's inheritances, and good
But Sir Edward being then, or woon
A DRAUGHT OF AN ACT
A USURIOUS SHIFT OF GAIN, IN DELIVERING COMMODITIES INSTEAD OF
Whereas it is a usual practice, to the undoing of the same commodities, and knowing that it is and overthrowing many young gentlemen, and bought to be sold again, to help and furnish any others, that when men are in necessity, and desire person, that tradeth not in the same commodity, to borrow money, they are answered, that money with money, he shall be without all remedy by cannot be had, but that they may have commodi-law, or custom, or decree, or otherwise, to recover ties sold unto them upon credit, whereof they or demand any satisfaction for the said wares or may make money as they can: in which course commodities, what assurance soever he shall it ever comes to pass, not only that such com- have by bond, surety, pawn, or promise of the modities are bought at extreme high rates, and party, or any other in his behalf. And that all sold again far under foot to a double loss; but bonds and assurances whatsoever, made for that also that the party which is to borrow is wrapt in purpose directly or indirectly, shall be utterly void. bonds and counter-bonds; so that upon a little And be it further enacted, by the authority money which he receiveth, he is subject to penal- aforesaid, that every person, which shall after the ties and suits of great value.
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
and shall be farther punishany quantity of wares or commodities unto such a ed by six months' imprisonment, without bail of 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
temporary, until a Parliament; for that will be aller, coming into favour by the marriage of his daughter, 1 conceive there was no farther proceedings in this affair. It very acceptable to the Parliament; and it is good will be needless for me to declare what reputation these to teach a Parliament to work upon an edict or books have among the professors of the law; but I cannot proclamation precedent. omnit, upon this occasion, to take notice of a character Sir Francis Bacon had some time before given them, in his pro
For the manner, I should think fit there be position to the king touching the compiling and amendment or published a grave and severe proclamation, inthe laws of England. “ To give every man his due, had it not duced by the overflow of the present mischief. been for Sir Edward Coke's Reports, which, though they may have errors, and some peremptory and extrajudicial resolu
For the ordinance itself: first, I consider that tions more than are warranted, yet they contain infinite offence hath vogue only amongst noble pergood decisions and rulings over of cases, the law by this sons, or persons of quality. I consider also that iime had been almost like a ship without ballast ; for, that the the greatest honour for subjects of quality in a cases of modern experience are fled from those that are adJudged and ruled in former time.”
lawful monarchy, is to have access and approach to their sovereign's sight and person, which is the Lastly, For the causes, that they be these folfountain of honour: and though this be a comfort lowing: all persons of quality do not use; yet there is no 1. Where any singular combat, upon what good spirit but will think himself in darkness, if quarrel soever, is acted and performed, though he be debarred of it. Therefore I do propound, death do not ensue. that the principal part of the punishment be, that 2. Where any person passeth beyond the seas, the offender, in the cases hereafter set down, be with purpose to perform any singular combat, banished perpetually from approach to the courts though it be never acted. of the king, queen, or prince.
3. Where any person sendeth a challenge. Secondly, That the same offender receive a 4. Where any person accepteth a challenge. strict prosecution by the king's attorney, orc 5. Where any person carrieth or delivereth a tenus, in the Star Chamber; for the fact being challenge. notorious, will always be confessed, and so 6. Where any person appointeth the field, made fit for an ore tenus. And that this prose- directly, or indirectly, although it be not upon cution be without respect of person, be the any cartel or challenge in writing. offender never so great; and that the fine set be 7. Where any person accept to be a second in irremissible.
FOR REVIVING THE COMMISSION OF SUITS.
That which for the present I would have ner of his speaking imported no distraction. But spoken with his majesty about, was a matter the counsel I would out of my care ground herewherein time may be precious, being upon the upon, is, that his majesty would revive the comtenderest point of all others. For though the mission for suits, which hath been now for these particular occasion may be despised, (and yet no- three years or more laid down. For it may thing ought to be despised in this kind,) yet the prevent any the like wicked cogitations, which counsel thereupon I conceive to be most sound the devil may put into the mind of a roarer or and necessary, to avoid future perils.
swaggerer upon a denial: and, besides, it will There is an examination taken within these free his majesty from much importunity, and few days by Mr. Attorney, concerning one Bayn- save his coffers also. For I am sure when I was tan, or Baynham, (for his name is not yet certain,) a commissioner, in three whole years' space there attested by two witnesses, that the said Bayntan, passed scarce ten suits that were allowed. And without any apparent show of being overcome I doubt now, upon his majesty's coming home with drink, otherwise than so as might make him from this journey, he will be much troubled with less wary to keep secrets, said that he had been petitions and suits, which maketh me think this lately with the king, to petition him for reward remedy more seasonable. It is not meant, that of service; which was denied him. Whereupon suits generally should pass that way, but only it was twice in his mind to have killed his such suits as his majesty would be rid on. majesty. The man is not yet apprehended, and
Endorsed, 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 man
suits. 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 and fine clothes, but only meddle with the coarse young men shopkeepers, which not being bred in clothes, which is every man's skill ; and, besides, the trade, are fearful to meddle with any of the dear having other trades to live upon, they come in the 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 an end, upon the revivor of the old ; in respect that the old company were beaten traders, and having they are able men and united amongst themselves. no other means of living but that trade, were fain Fifthly, In these cases, opinio est veritate majur, to ride out all accidents and difficulties, which (be- and the very voice and expectation of revivor of ing men of great ability) they were well able to do. the old company will comfort the clothiers, and
Secondly, These young men being the major encourage them not to lay down their looms. part, and having a kind of dependence upon Sixthly, The very Flemings themselves (in Alderman Cockaine, they carry things by plurali- regard of the pique they have against the new ty of voices. And yet those few of the old com- company) are like to be more pliant and tractable pany which are amongst them do drive almost towards his majesty's ends and desires. three parts of the trade; and it is impossible Seventhly, Considering the business hath not things should go well, where one part gives the gone on well; his majesty must either lay the vote, and the other doth the work; so that the fault upon the matter itself, or upon the persons execution of all things lies chiefly upon them that that have managed it; wherein the king shall best never consented, which is merely motus violentus, acquit his honour, to lay it where it is indeed; and cannot last.
that is, upon the carriage and proceedings of the Thirdly, The new company make continually new company, which bave been full of uncertainsuch new springing demands, as the state can ty and abuse. never be secure nor trust to them, neither doth it Lastly, The subjects of this kingdom generally seem that they do much trust themselves. have an ill taste and conceit of the new company; . Fourthly, The present stand of cloth at Black- and therefore the putting of them down will diswell-hall (which is that that presseth the state charge the state of a great deal of envy.