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REMEMBRANCES FOR THE KING,

BEFORE HIS GOING INTO SCOTLAND.

MAY IT PLEASE YOUR MAJESTY,

ALTHOUGH your journey be but as a long progress, and that your majesty shall be still within your own land, and therefore any extraordinary course neither needful, nor, in my opinion, fit; yet, nevertheless, I thought it agreeable to my duty and care of your service to put you in mind of those points of form, which have relation, not so much to a journey into Scotland, as to an absence from your city of London for six months, or to a distance from your said city near three hundred miles, and that in an ordinary course; wherein I lead myself by calling to consideration what things there are that require your signature, and may seem not so fit to expect sending to and fro; and therefore to be supplied by some precedent

warrants.

First, your ordinary commissions of justice, of assizes, and the peace, need not your signature, but pass of course by your chancellor. And your commissions of lieutenancy, though they need your signature, yet, if any of the lieutenants should die, your majesty's choice and pleasure may be very well attended. Only I should think fit, under your majesty's correction, that such of your lord lieutenants as do not attend your person were commanded to abide within their countries respectively.

For grants, if there were a longer cessation, I think your majesty will easily believe it will do no hurt. And yet if any be necessary, the continual despatches will supply that turn.

That which is chiefly considerable is proclamations, which all do require your majesty's signature, except you leave some warrant under your great seal to your standing council here in London.

It is true I cannot foresee any such case of such sudden necessity, except it should be the apprehension of some great offenders, or the adjournment of the term upon sickness, or some riot in the city, such as hath been about the liberties of the Tower, or against strangers, &c. But your majesty, in your great wisdom, may perhaps think of many things that I cannot remember or foresee: and therefore it was fit to refer those things to your better judgment.

Also my lord chancellor's age and health is such as it doth not only admit, but require the accident of his death to be thought of, which may fall in such a time as the very commissions of ordinary justice beforementioned, and writs, which require present despatch, cannot well be put off. Therefore your majesty may be pleased to take into consideration, whether you will not have such a commission as was prepared about this time twelvemonth in my lord's extreme sickness, for the taking of the seal into custody, and for the seal of writs and commissions for ordinary justice, till you may advise of a chancellor or keeper of the great seal.

Your majesty will graciously pardon my care, which is assiduous; and it is good to err in caring even rather too much than too little. These things, for so much as concerneth forms, ought to proceed from my place, as attorney, unto which you have added some interest in matter, by making me of your privy council. But for the main they rest wholly in your princely judgment, being well informed; because miracles are ceased, though admiration will not cease while you live. Endorsed, February 21, 1616.

ACCOUNT OF COUNCIL BUSINESS.

FOR remedy against the infestation of pirates, than which there is not a better work under heaven, and therefore worthy of the great care his majesty hath expressed concerning the same, this is done: First, Sir Thomas Smith* hath certified in

* Of Biborough in Kent, second son of Thomas Smith, of Ostenhanger, of that county, Esq. He had farmed the customs in the reign of Queen Elizabeth, and was sent by King James I. ambassador to the court of Russia, in March, 1604; from whence returning, he was made governor of the society of merchants trading to the East Indies, Muscovy, the French and Summer Islands; and treasurer for the colony and comVOL. II.-68

writing, on the behalf of the merchants of London, that there will be a contribution of twenty thousand pounds a year, during two years' space, towards the charge of repressing the pirates;

pany of Virginia. He built a magnificent house at Deptford, which was burnt on the 30th of January, 1618; and in April, 1619, he was removed from his employments of governor and treasurer, upon several complaints of frauds committed by him.

*He died at the age of seventy, on the 15th of March, 1616-7, having resigned the great seal on the third of that month; which was given on the 7th to Sir Francis Bacon. 537

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.

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,t the Lord Carew, and Mr. Chancellor of the Exchequer, who heretofore hath served as treasurer 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.

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 embas

sage.

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.

For the proclamation that lieutenants, (not being counsellors,) deputy lieutenants, justices of 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.

the spoils and disorders in the middle shires, we find the informers to falter and fail in their accusation. Nevertheless, upon my motion, the table hath ordered, that the informer shall attend one of the clerks of the council, and set down articulately what he can speak, and how he can prove it, and against whom, either the Witheringtons or others.

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 idle flying papers, that were cast abroad of a Mayday, &c. the lords have wisely taken a course neither to nurse it or nourish it by too much apprehension, nor much less to neglect due provision to make all sure. And therefore order is given, that as well the trained bands as the military bands newly erected shall be in muster as well 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 March 30, 1617. An account of Council Business.

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.

Endorsed,

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 of the peace in London and Middlesex with new clauses of lieutenantcy; which, as soon as it was known abroad, all was quiet by the terror it wrought. This I write because it maketh good my further assurance I gave his majesty at his 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.

acquaint me with it, and we should soon agree; or if not, we had a master that could easily both discern and rule. At which speech of mine, besides a great deal of thanks and acknowledgment, I did see cheer and comfort in their faces, as if it were a new world.

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 received 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, 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. Attorney and others of your learned counsel. I did let him

thereupon, in his letter of 22d of October, 1616, write thus

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

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 answers at large upon the 21st of the same month, the which I have 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 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

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 would 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

those points, so as no shadow may remain against his prero

thereto. 2. That they might certify also what cases he had published for his majesty's prerogative and benefit, for the

of the church, and quieting men's inheritances, and good

of the commonwealth. But Sir Edward being then,orwoon

A DRAUGHT OF AN ACT

AGAINST

A USURIOUS SHIFT OF GAIN, IN DELIVERING COMMODITIES INSTEAD OF

MONEY.

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.

A PROPOSITION

FOR THE

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 here-
upon, is, that his majesty would revive the com-
mission 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.

Endorsed,

REASONS

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

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