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 embassage.

For safety and caution against tumults and disorders in and near the city, in respect of some idle flying papers, that were cast abroad of a May day, &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 meantime, 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 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 of 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.

For the information given against the Witheringtons, that they should countenance and abet the spoils and dis

orders in the middle shires, we find the informers to faulter 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 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. Indorsed 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.

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 was exceedingly well performed and obeyed. And the last was that we had, according to our warrant dormant, strengthened our commissions of the peace in London and Middlesex with new clauses of lieutenancy; 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 his majesty at his first removes, that all should be quiet, for which I received his thanks.

gave

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

Sir Oliver St. John, afterwards Viscount Grandison.

Lord of Canterbury, upon whom the king laid it, and upon Secretary Winwood; and because it is 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 cooperate, 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 fame.

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 derogation 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 the Chancery, which did seem to them exorbitant or inordinate; that they should freely and friendly 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 dispatch 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 information was given to the king, that he, having published eleven books of Reports, had written many things against 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 presence of Mr. Attorney and others of your learned counsel. I did let him 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 chief justice, as remembering the fifth petition of dimitte nobis debita nostra, &c. Insomuch that though a committee of judges 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 those points, so as no shadow may remain against his prerogative; that then all the judges of England may be called 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 soon 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."