glad to pray her to say nothing of them, and not bondman to Philautia, you, that presume to bind to discover them in their flights?

Corrupt statesman, you that think, by your engines and motions, to govern the wheel of fortune; do you not mark, that clocks cannot be long in temper? that jugglers are no longer in request when there tricks and sleights are once perceived? Nay, do you not see, that never any man made his own cunning and practice (without religion and moral honesty) his foundation, but he overbuilt himself, and in the end made his house a windfall? But give ear now to the comparison of my master's condition, and acknowledge such a difference, as is betwixt the melting hailstone and the solid pearl. Indeed it seemeth to depend, as the globe of the earth seemeth to hang in the air; but yet it is firm and stable in itself. It is like a cube, or a die-form, which, toss it or throw it any way, it ever lighteth upon a square. Is he denied the hopes of favours to come? He can resort to the remembrance of contentments past. Destiny cannot repeal that which is past. Doth he find the acknowledgment of his affection small? He may find the merit of his affection the greater. Fortune cannot have power over that which is within. Nay, his falls are like the falls of Antæus; they renew his strength. His clouds are like the clouds of harvest, which make the sun break forth with greater force. His wanes are changes like the moon's, whose globe is all light towards the sun, when it is all dark towards the world; such is the excellency of her nature, and of his estate. Attend, you beadsman of the muses, you take your pleasure in a wilderness of variety; but it is but of shadows. You are as a man rich in pictures, medals, and crystals. Your mind is of the water, which taketh all forms and impressions, but is weak of substance. Will you compare shadows with bodies, picture with life, variety of many beauties with the peerless excellency of one? the element of water with the element of fire? And such is the comparison between knowledge and love.

Come out, man of war; you must be ever in noise. You will give laws, and advance force, and trouble nations, and remove landmarks of kingdoms, and hunt men, and pen tragedies in blood; and, that which is worst of all, make all the virtues accessary to bloodshed. Hath the practice of force so deprived you of the use of reason, as that you will compare the interruption of society with the perfection of society? the conquest of bodies with the conquest of spirits? the terrestrial fire, which destroyeth and dissolveth, with the celestial fire, which quickeneth and giveth life? And such is the comparison between the soldier and the lover.

occasion, and to overwork fortune, I would ask you but one question. Did ever any lady, hard to please, or disposed to exercise her lover, enjoin him so good tasks and commandments as Philautia exacte th of you? While your life is nothing but a continual acting upon a stage; and that your mind must serve your humour, and yet your outward person must serve your end; so as you carry in one person two several servitudes to contrary masters. But I will leave you to the scorn of that mistress whom you undertake to govern; that is, to fortune, to whom Philautia hath bound you. And yet, you commissioner of Philautia, I will proceed one degree farther: if I allowed both of your assurance, and of your values, as you have set them, may not my master enjoy his own felicity; and have all yours for advantage? I do not mean, that he should divide himself in both pursuits, as in your feigning tales towards the conclusion you did yield him; but because all these are in the hands of his mistress more fully to bestow, than they can be attained by your addresses, knowledge, fame, fortune. For the muses, they are tributary to her majesty for the great liberties they have enjoyed in her kingdom, during her most flourishing reign; in thankfulness whereof, they have adorned and accomplished her majesty with the gifts of all the sisters. What library can present such a story of great actions, as her majesty carrieth in her royal breast by the often return of this happy day? What worthy author, or favourite of the muses, is not familiar with her? Or what language, wherein the muses have used to speak, is unknown to her? Therefore the hearing of her, the observing of her, the receiving instructions from her, may be to Erophilus a lecture exceeding all dead monuments of the muses. For fame, can all the exploits of the war win him such a title, as to have the name of favoured and selected servant of such a queen? For fortune, can any insolent politique promise to himself such a fortune, by making his own way, as the excellency of her nature cannot deny to a careful, obsequious, and dutiful servant? And if he could, were it equal honour to obtain it by a shop of cunning, as by the gift of such a hand?

Therefore Erophilus's resolution is fixed: he renounceth Philautia, and all her enchantments. For her recreation, he will confer with his muse; for her defence and honour he will sacrifice his life in the wars, hoping to be embalmed in the sweet odours of her remembrance. To her service will he consecrate all his watchful endeavours, and will ever bear in his heart the picture of her beauty; in his actions, of her will; and in his And as for you, untrue politique, but truest fortune, of her grace and favour.

REMEMBRANCES FOR THE KING,

BEFORE HIS GOING INTO SCOTLAND.

ACCOUNT OF COUNCIL BUSINESS.

FOR remedy against the infestation of pirates, | writing, on the behalf of the merchants of London, than which there is not a better work under heaven, that there will be a contribution of twenty thouand therefore worthy of the great care his majesty sand pounds a year, during two years' space, hath expressed concerning the same, this is done: towards the charge of repressing the pirates; First, Sir Thomas Smith* hath certified in

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, 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 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 lieutenantey; 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 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 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 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 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

information was given to the king, that he, having published

to the king: According to your majesty's directions signified

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 ter, 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 dero-gative; 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

the former. Whereupon, Sir Edward Coke doth, by his let

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

good of the church, and quieting men's inheritances, and good of the commonwealth. But Sir Edward being then or soou

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