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shall be a declaration concerning the cause in the king's bench, by occasion of punishment of the of fence of his keeper; and another in chancery, upon the occasion of moving for an order, according to his just and righteous report. And yet withal, I have set on work a good pen, (ƒ) and myself will overlook it, for making some little pamphlet fit to fly abroad in the country.
For your majesty's proclamation touching the wearing of cloth, after I had drawn a form as near as I could to your majesty's direction, I propounded it to the lords, my lord chancellor being then absent; and after their lordships' good approbation, and some points by them altered, I obtained leave of them to confer thereupon with my lord chancellor and some principal judges, which I did this afternoon; so as, it being now perfected, I shall offer it to the board to-morrow, and to send it to your majesty.
So humbly craving your majesty's pardon for troubling you with so long a letter, especially being accompanied with other papers, I ever rest
Your Majesty's most humble
and bounden servant,
This 21st of November, at
ten at night [1616.]
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
(f) Mr. Trott.
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 assize, 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 counties 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 dispatches 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 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 (g) to be thought of; which may fall in such a time, as the very commissions of ordinary justice
(g) He died at the age of seventy, on the 15th of March, 161, having resigned the great seal on the 3d of that month; which was given on the 7th to Sir Francis Bacon.
before-mentioned, and writs, which require present dispatch, 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 judg ment, being well informed; because miracles are ceased, though admiration will not cease, while you live. Indorsed, February 21, 1616.
SIR EDWARD COKE TO THE KING.
Most gracious Sovereign,
I THINK it now my duty to inform your majesty of the motives that induced the lord chancellor and judges to resolve, that a murder or felony, committed by one Englishman upon another in a foreign kingdom, shall be punished before the constable and marshal here in England.
First, in the book-case, in the 13th year of king Henry the fourth, in whose reign the statute was made, it is expressly said, one liege-man was killed in Scotland by another liege-man; and the wife of him that was killed, did sue an appeal of murder in the constable's court of England. Vide Statutum, saith the book, de primo Henrici IV. Cap. 14. Et contemporanea expositio est fortissima in Lege. Stanford, (a)
(a) Sir William, the most ancient writer on the pleas of the crown. He was born in Middlesex, August 22, 1509, educated in the university of Oxford, studied the law at Gray's Inn, in which he was elected autumn reader in 1545, made serjeant in 1552, the year following queen's serjeant, and, in 1554, one of the justices of the Common Pleas. He died August 28, 1558.
an author without exception, saith thus, fol. 65, a.: By the statute of Henry IV. Cap. 14. if any subject "kill another subject in a foreign kingdom, the wife "of him that is slain, may have an appeal in Eng"land before the constable and marshal; which is a "case in terminis terminantibus. And when the wife, "if the party slain have any, shall have an appeal, there, if he hath no wife, his next heir shall have it." If any fact be committed out of the kingdom, upon the high sea, the lord admiral shall determine it. If in a foreign kingdom, the cognizance belongeth to the constable, where the jurisdiction pertains to him.
And these authorities being seen by Bromley, chancellor, and the two chief justices, they clearly resolved the case, as before I have certified your majesty.
I humbly desire I may be so happy, as to kiss your majesty's hands, and to my exceeding comfort to see your sacred person; and I shall ever rest Your Majesty's faithful and loyal subject,
Feb. 25 [1614.]
To the King's most excellent Majesty.
TO THE KING. (a)
May it please your most excellent Majesty,
My continual meditations upon your majesty's service and greatness have, amongst other things, produced this paper inclosed, which I most humbly pray your majesty to excuse, being that, which, in my judgment, I think to be good both de vero and ad populum. Of other things I have written to my lord of Buckingham. God for ever preserve and prosper your majesty.
Your Majesty's humble servant,
March 23, 1616.
most devoted and most bounden,
My lord keeper to his majesty, with some additional instructions for Sir John Digby.
(a) His Majesty had begun his journey towards Scotland, on the 14th of March, 1614.
Additional instructions to Sir JOHN DIGBY. (a)'
BESIDES your instructions directory to the substance of the main errand, we would have you in the whole carriage and passages of the negotiation, as well with the king himself, as the duke of Lerma, and council there, intermix discourse upon fit occasions, that may express ourselves to the effect following:
That you doubt not but that both kings, for that which concerns religion, will proceed sincerely, both being intire and perfect in their own belief and way. But that there are so many noble and excellent effects, which are equally acceptable to both religions, and for the good and happiness of the Christian world, which may arise of this conjunction, as the union of both kings in actions of state, as may make the difference in religion as laid aside, and almost forgotten.
As first, that it will be a means utterly to extinguish and extirpate pirates, which are the common enemies of mankind, and do so much infest Europe at this time.
Also, that it may be a beginning and seed (for the like actions heretofore have had less beginnings) of a holy war against the Turk: whereunto it seems the events of time do invite Christian kings, in respect of the great corruption and relaxation of discipline of war in that empire; and much more in respect of the utter ruin and enervation of the Grand Signor's navy and forces by sea; which openeth a way, with congregating vast armies by land, to suffocate and starve Constantinople, and thereby to put those provinces into mutiny and insurrection.
Also, that by the same conjuction there will be erected a tribunal, or prætorian power, to decide the controversies, which may arise amongst the princes and estates of Christendom, without effusion of Christian blood; for so much as any estate of Christendom
(a) Ambassador to the court of Spain.