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Farther, I think fit to let your majesty know, that in my opinion I hold it a fit time to proceed in the business of the Rege inconsulto, which is appointed for Monday. I did think these greater causes would have come to period or pause sooner: but now they are in the height, and to have so great a matter as this of the Rege inconsulto handled, when men do aliud agere,
I think it no proper time. Besides, your majesty in your great wisdom knoweth, that this business of Mr. Murray's is somewhat against the stream of the judges inclination : and it is no part of a skilful mariner to sail on against å tide, when the tide is at strongest. If your majesty be pleased to write to my lord Coke, that you would have the business of the Rege inconsulto receive a hearing, when he should be animo sedato et libero, and not in the midst of his assiduous and incessant cares and industries in other practices, I think your majesty shall do your service right. Howsoever, I will be provided against the day.eu
Det Thus praying God for your happy preservation, whereof God giveth you so many great pledges, I rest your Majesty's most humble
cas is and devoted subject and servant,
November 17, 1615.
Innovations introduced into the laws and
government (a). 1. The ecclesiastical In this he prevailed, and the commission. commission was pared, and
namely the point of alimony left out, whereby wives are left wholly to the tyranny of their husbands. This point, and some others, may require a review, and is fit to be restored to the
commission. (@). This paper was evidently designed against the lord chief justice Coke.
2. Against the pro- In this he prevailed in such vincial councils. sort, as the precedents are conti
nually suitors for the enlargement of the instructions, sometimes in one point, sometimes in another; and the jurisdictions grow into contempt, and more would, if the lord chancellor did not strengthen them by injunctions, where they exceed
not their instructions. 3. Against the star- In this he was over-ruled by
chamber for le- the sentence of the court; but vying damages. he bent all his strength and wits to have prevailed; and so did
; the other judges by long and laborious arguments : and if they had prevailed, the authority of the court had been over
thrown. But the plurality of ?!!!!
the court took more regard to their own precedents, than to
the judges opinion. 4. Against the ad- In this he prevaileth, for promiralty
hibitions fly continually; and DE TROIS O Noso
many times are cause of long suits, to the discontent of fo
reign ambassadors, and the FORD king's dishonour and trouble by
their remonstrances. 5. Against the court
This is new, and would be of the duchy of forthwith restrained, and the Lancaster prohi- others settled. bitions the like may do to the court of
üzenet wards and exche
quer. 6. Against the court In this he prevaileth; and this
of requests. but lately brought in question.
7. Against the chan
In this his majesty hath made cerý før decrees an establishment: and he háth after judgment. not prevailed, but made a great
noise and trouble. 8. Præmunire for This his majesty hath also
suits in the chán. established, being a strange atcery.
tempt to make the chancellor sit under a hatchet, instead of the
king's arms. 9. Disputed in the
This was but a bravery, and common pleas, dieth of itself, especially the auwhether that thority of the chancery by his court may grant majesty's late proceedings being à prohibition to so well established. stay suits in the chåncéry, time given to search for prece
dents. 10. Against the new This in good time was over
boroughs in Ire ruled by the voice of eight judges land.
often, after they had heard your attorney. And had it prevailed, it had overthrown the parliament of Ireland, which would have been imputed to a fear in this štate to have proceeded ; andsohis majesty's authority and
reputation lost in that kingdom. 11. Against the
This is yet subjudice : but if it writs Don. Rege should prevail, it maketh the inconsulto. judges absolute over the patents
of the king, be they of power and profit, contrary to the ancient and ever continued law of the crown; which doth callthose causes before the king himself, as he is represented in chanelery
12. Against contri. In
In this he prevailed, and gave bution, that it opinion, that the king by his was not law nei. great seal could not so much as ther to levy it, move any
move any his subjects for benor to move for nevolence. But this he retractit. 303
ed after in the star-chamber; but it marred the benevolence
in the mean time. 13. Peacham's case. In this, as in him
was, and in of king'sbench, he prevailed, though it was holpen by the good service of others. But the opinion, which he held, amounted in effect to this, that no word of scandal or defamation, importing that the king was utterly unable or unworthy to govern, were treason, except they disabled his title, &c.
로 14. Owen's case. In this we prevailed with him
to give opinion it was treason :
spirator. 15. The value of be- By this the intent of the sta
nefices not to be tute of 21 Henry VIII. is frusaccording to the trated; for there is no benefice tax in the king's of so small an improved value book of taxes. as 81. by that kind of rating.
For this the judges may be assembled in the exchequer for a conference.
16. Suits for lega- Thepracticehath goneagainst
cies ought to be this; and it is fit, the suit be
TO SIR GEORGE VILLIERS.
Your truest servant,
My lord Chancellor is prettily amended. I was with him yesterday almost half an hour. He used me with wonderful tokens of kindness.
We both wept, which I do not often.
to him by Mr. Shute, of a promise of the chancel.