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made of him by the county; and that for two | all which we could do no less in true discretion causes: the first is, That where the party out than certify the election made secundum equum lawed ought to be five times proclaimed to ap- et bonum. pear in the sheriff's county court ; and then Objection 4. “That we proceeded to exapot appearing, ought to be adjudged outlawed : mine the truth of the fact of Outlawry, hy the judgment of the coroners of the county; ' and gave our Sentence upon that : there appeareth no record made in the Hustiugs • whereas we ought to have been bound of London that Goodwin was five times pro by the Sheriff's return of the Outlawry claimed, or that the coroners gave judyment of * from farther examining, whether the outlawry against him : but a clerk, lately come party were outlawed or not.' to that office, hatii now, many years after time, Our humble Answer is, That the Precedents and since this election, made entries, interlined cited before, in our answer to the first objecwith a new hand, that he was outlawed: to tion, do prove the use of the Commons House which new entries we could give no credit, for to examine veritatem facti in elections, and that the parties, at whose suit Goodwin was returns, and have not been tied peremptorily to sued, have testified in their writings of release, allow the return; as if a knight or burgess be That they never proceeded further than to take untruly returned dead or lunatic, yet when he out the writ of Exigent for an outlawry; and appeared to the house to be living and sound, being then paid their money desisted there : they have, contrary to the return, received by which we find, That Goodwin was not five hin into the house, preferring the truth manitimes proclaimed, nor adjudged outlawed, be test before the return. By which discreet proing a thing usual in London to spare that proceeding there is avoided that great inconvenie clamation and judgmeot, if the party call not ence above-mentioned of giving liberty to Ske. upon it; and no record being made for many riffs, by untrue returns, to make and remove years together, that either of then was done. whom they list to and from the parliament
The second Cause was, for that the Writ of service, how meet soever the parties be in the Erigent by which the sheriff was commanded judgment of the county or borough that elected to proclaim bim five times, was never lawfully them.—Thus, in all humility, we have presented returned, nor certified by Certioruri; without to your most excellent majesty the grounds and which, we take That Goodwin stood not reasons of our late action, led with no affecdisabled as an outlaw.
tions, but guided by truth, warranted in our To this, adding the two general Pardons by consciences, imitating precedents, maintaining Parliament, which had cleared the outlawry in our ancient privileges, honouring your excellent truth and substance, (if any were) and that majesty in all our services; to which in all Goodwin could not apply the pardons by Scire loyalty and devotion we bind us and ours for fa. for that no record nor return was extant of ever, praying daily on the knees of our hearts, the outlawry, whereupon he might ground a to the majesty of the Almighty, that your ma. Srire fa. we were of opinion, and so your ma- jesty and your posterity may in all felicity reign jesty's most reverend judges would have been if over us and ours to the end of the world.” they had known thus much, That Goodwin These Reasons so set down and published to stood not disabled by outlawry to be elected or the House, Mr. Secretary Herbert was sent serve in parliament : but when we considered with message to the lords, That the house had further, That the course taken against Good-resolved of their Answer to his majesty, (in sir win for drawing him into this outlawry of pur- Francis Goodwin's Case) and had set it down pose to disable him to serve in this place, in writing, and that it should be sent to their whereto the county bad freely elected him, lordships before 4 of the clock in the afternoon; was unusual; we coold not, with the reputa- who immediately returned their Lordships Antion of our places, serving as a council of swer, That they would be ready at that time gravity, in allowance or continuance of that in the Council-Chamber at Whitehall, with so course, censure him to be rejected as an outlaw : of the lords, to receive what then should be the particulars of which were these, viz.-Two delivered. Then were named threestore to exigents awarded, *** the other seven years attend the delivery of the said Reasons at the past to the Hustings in London; no entry time and place aforesaid. made of five proclamations; nor of any judg
Eodem die, p. m. ment of the coroners; nor any return of the The House entering seriously into consultaexigents made or endorsed; the party plain if tion what course was to be held with the lords; satisfied; the pretended outlawries being but as also falling into more length of disputation upon a mean process; and as to your majesty's touching the Bill of Merchants, than were exduties and contempts pardoned now since pected, sent some messengers to the lords, to Goodwin was elected knight, the exiyent now excuse their long tarrying, viz. Sir Edward sought out since the election procured to be Hobby, sir Ro. Wilbraham, sir Hen. Nevil, sir returned in the name of the sheriffs that then Fr. Hastings, Mr. Martyn. were, and are long since dead, and new entry This afternoon about 5 o'clock tle Commade of the five proclamations and coroners mittee appointed did attend to deliver the judgment; and now a return made of that old Reasons aforesaid at the Council-Chamber acexigent, which could be of no use, but only for cording to appointment and order of both a purpose to disable him for that place. Upon houses; and they were delivered by sir Francis
Bacon, one of the Committee, with desire, Upon this unexpected Message there grew That their lordships would be mediators in the sonie amazement and silence. But at last behalf of the house, for his majesty's satis one stood up and said : The Prince's command faction,
is like a thunder-bolt ; his command upon Die Mercurii, viz. 4 die Aprilis 1604. our Allegiance like the roaring of a lion. To Sir Francis Bacon having the day before his command there is no contradiction ; but delivered to the lords in the Council-Chamber how, or in what manner we should now proof Whitehall, (according to the Direction of the ceed to perforin-obedience, that will be the house) the Reasons in writing, penned by the question. Committee, touching sir Francis Goodwin's Another answered, Let us Petition to his Case, maketh report of what passed at the time majesty, that he will be pleased to be present, of the said delivery. First, That though the to hear, moderate, and judge the case himself. Committees employed were a number specially Whereupon Mr, Speaker proceeded to this deputed and selected; yet that the lords ad- question : mitted all burgesses without distinction; that Quest. Whether to confer with the Judges they offered it with testimony of their own in the presence of the king and council? Which speed and care in the business, so as they said was resolved in the affirmative. And a select no one thing had precedency, but only. the Bill Committee presently named for the conference; of Recognition ; that they had such respect to viz. Lawyers ; Serjeants Tanfield, Hobbard, the weight of it, as they had not committed it Leigh, Shirley, Dodridge, sir Tho. Hesketh, to any frailty of memory, or verbal relation, sir Fr. Bacon, Mr. Recorder of London, Mr. but put it into writing for more permanent Yelverton, Mr. Crewe, Mr. Lawrence Hide, memory of their duty and respect to his ma Mr. Fr. Moore, Mr. Rd. Martin, Mr. Winche, jesty's grace and favour : that in conclusion Mr. Dyett, Mr. Fuller, sir Roger Wilbraham, they prayed their lordships, sithence they had Mr. Fr. Tate, Mr, Dr. James, sir Daniel Dunn, nearer access, they would co-operate with them sir John Bennet.-Gentlemen ;
sir George for the king's satisfaction;' and so delivered Carew, Vice-Chamberlain to the Queen; sir the Writing to the Lord-Chancellor, who re Fr. Hastings, sir Edw. Hobby, sir Robert ceiving it, demanded, Whether they should Wroth, sir Henry Nevill, sir John Savile, sir send it to the king, or first peruse it? To which George Moore, Mr. Nath. Bacon, sir Edw. was answered, That since it was the king's Stafford, sir Wm. Fleetwood, sir Tho. Chalpleasure they should concur; they desired their loner, sir Roger Aston, sir Robert Wingfield, lordships would first peruse.
sir Edw. Mountague, sir Edwyn Sandis, sir The lord Cecil demanded, Whether they Robert Cotton. had Warrant to amplify, explain, or debate any
These Committees were selected and apdoubt or question made upon the reading? To pointed to confer with the Judges of the Law, which it was said, They had no Warrant. And touching the Reasons of proceeding in sir so the writing was read, and no more done at Francis Goodwin's Case, set down in Writing, that time.
and delivered to his majesty in the presence of Die Joris, nis. 5 die Aprilis, 1604. the lords of his majesty's Council, according to Mr. Speaker by a private commandinent at his highoess's pleasure, signified by Mr. Speaker tended the King this morning at eight o'clock, this day to the house. It was further Resolved and there staid till ten.
and Ordered by the house. (upon the motion to Mr. Speaker excuseth his absence, by reason that end by Mr. Laurence Hide) that the he was commanded to attend upon his majesty. aforesaid Committee should insist upon the And bringeth Message from his majesty to this fortification, and explaining of the Reasons effect : That the King had received a parch- and Answers delivered unto his majesty; and ment from the house. Whether it were an not proceed to any other Argument or Answer, absolute resolution, or reason to give him satis- what occasion soever moved in the time of that faction, he knew not : He thought it was rather debate. intended for his satisfaction. His majesty protested, by that love he bare to the house as his Die Mercurii, viz. 11 die Aprilis, 1604. Upon loving and loyal subjects, and by the faith he
Adjournment. did ever owe to God, he had as great a desire Sir Francis Bacon was expected, and called to maintain their privileges, as ever any prince to make a Report of the late Conference with had, or as themselves. He had seen and con- the Judges in the presence of his majesty and sidered of the manner and the matter; he had the lords of the Council: but he made excuse, heard his judges and council ; and that he was saying, He was not warranted to make any now distracted in judgment. Therefore, for his Report; and tantum permissum quantum comfurther satisfaction, be desired, and com missum : nevertheless, upon a Question, he was manded, as an absolute king, that there might over-ruled to make a Report ; and a motion be a Conference between the lIuuse and the thereupon made, That the Committees might Judges; and that for that purpose there might first assemble in the Court of Wards, and con
a Select Committee of grave and learned fer among themselves, and then the report to persons out of the house : that his Council be made. might be present, not as Umpires to determine, Sir Francis Bacon, after the meeting of the but to report indifferently on both sides, Committees in the Court of Wards, reporteth
what had passed in Conference in the presence place; sir Jolin losing place, his majesty did of his Majesty and his Council :
meet us half-way. That when there did arise The king said, He would be president him- a schism in the chmirch between a Pope and an self. This attendance renewed the remem- | Antipope, there could be no end of the differbrance of the last, when we departed with such ence until they were both put down. admiration. It was the voice of God in man: Upon this Report, a motion was made, the good spirit of God in the mouth of man. I That it might be done by way of warrant; and do not say, the voice of God, and not of man. therein to be inserted, That it was done at the I am not one of Herod's fiaiterers. A curse request of the king : and was further said, (as jell upon him that said it : a curse on loin that anciently it hath been said) That we lose more suttered it. We might say as was said to Solo- at a Parliament than we gain at a battle. That mon, We are glad, o king! that we give the authority of the committee was only to account to you, because you discern what is fortify what was agreed on by the house for spokeo. We let pass no moment of time, answer, and that they had no authority to conuntil we had resolved and set down an answer sent.--It was further moved by another, That in writing, which we now bad ready. That we should proceed to take away our dissention, sithence we received a message froni his ma and to preserve our Liberties; and said, that jesty by Mr. Speaker, of two parts : 1. The in this we had exceeded our commission ; and one paternal. 2. The other royal. 1. That that we had drawn upon us a note of inconwe were as dear unto him as the safety of his stancy and levity. But the acclamation of the person, or the preservation of his posterity. 2. house, was, That it was testimony of our duty, Rnyal, that we should confer with his Judges, and no levity. So as the question was preand that in the presence of himself and his senily made. council. "That we did more now to king Quest. Whether sir John Fortescue and sir " James than ever was done since the conquest, Francis Goodwin shall both be secluded; and a
in giving account of our judgments. That warrant for a new writ directed ? And upon we had no intent, in all our proceedings, to the question resolved, That a writ should issue encounter his majesty, or to impeach his for a new choice, and a warrant directed achonour or prerogative.
cordingly. This was spoken by way of preanble by him A motion mate, That thanks should be preyou employed.
sented by Mr. Speaker to his inajesty, for his How to report his majesty's Speech he presence and direction in this matter; and knew not; the eloquence of a king was inimi- thereupon ordered, That his majesty's pleasure table. The king addressed himseli to hiin as should be known, by sir Roger Aston for their deputed by the house, and said, He would attendance accordingly. make three parts of what he had to say. The Because it hath been conceived by some, cause of the meeting was to draw to an end that sir Francis Goodwin being the member the difference in sir Francis Goodwin's Case. specially interested, it were fit he should give Ii they reqnired his absence, he was ready; testimony of bis liking and obedience in this because he feared he might he thought intercourse : being dealt withal to that end, he writ ested, i.nd so breed an inequality on their part. his letter to Mr. Speaker; which, betore this le said, That be would not hold his Prero- question inade, for better satisfaction of the gative or honour, or receive any thing of any house, was read in these words: or all his subjects. This was his inagnanimity. Sir; I ain heartily sorry to have been the That he would confirm and ratify all just Pric least occasion either of question between this vileges. This his bounty and amity. As a majesty and that honourable house, or of inking, royally: as king James, sweetly ind kindly terruption to those worthy and weighty out of his good-nature.-One point was, Whe-causes, which by this time, in all likelihood, ther we were a Court of Record, and had had been in very good furtherance: wherepower to judge of Returns. As our court had fure, understanding very credibly, that it power, so had the Chancery; and that the pleased his majesty, when the committees last court that first had passed their judgment attended him, to take course with them for a should not be controlled. Upon a surmise, "third writ and election for the knightship of the and upon the sherift's return, there grew a county of Buckingham: I am so far froin difference. That there are two powers. 1. • giving any impediment thereunto, that conPernianent : the other, transitory! That the trariwise, 'I huiubly desire his majesty's direcChancery was a contidenciary court to the use . tion in that beliaif to be accomplished and of the parliament during the tinie.—What-performed. So praying you, according to soever the Sheriff inseits beyond the antho-such opportunity as will be ministered, to give rity of his mandate, a nugation. The parlia furtherynce thereunto, I take my leave, and ments of England not to be bound by a sbe- test yours, most assured to be commanded; riti's return.---That our Privileges were out in • FRA GOODWIN. Westminster, 11 Apr. 1604.' question. That it was private jealousies with.
Die Jovis, viz. 12 die Aprilis. out any kernel or substance. lle granted it A motion made, 'That Mr. Speaker, in behalf was a Couri of Record, and a Judge of Re of the house, should pray access to his majesty, turas.' He inovex, That neither sir John For- and present their humble Thanks for his gracirescue, nor sir Francis Goods in might have ous presence and direction, upon the hearing of
sir Francis Goodwin's cause; which was as- to give him thanks, so did he redoulile his sented unto; and sir Roger Aston, a servant
thanks to us. That he had rather be a king of his majesty's bed-chanıber, and one of the of his subjects, than to be a king of many kingmembers of the house, was presently appointed doms." to know his majesty's pleasure; which he did The second part of his Speech directed to accordingly; and returned, That his majesty the Lords and Us, “That this Parliament was was willing to give them access in the gallery not like to be long: that we would treat of such at Whitehall, at two o'clock in the afiernoon, matters as most concerned the Commonwealth; the same day. Thereupon a Committee was and the last, of any thing that concerned himnamed to attend Mr. Speaker to the king, self. Three main businesses in our hands, with a general warrant to all others that should 1. The Union. 2. Sundry public and combe pleased to accompany them.
monwealth-Bills. 3. Matter of religion, and reDie Veneris, viz. 13 die Aprilis. formation of Ecclesiastical discipline. For the Mr. Speaker returneth to the house the effect Union, that it might be now prepared, and proof his Message of Thanks, delivered the last secuted the next session. That Union which day in the name of the house to his majesty; with the loss of much blood could never be as also his Majesty's answer, viz. “That he re- brought to pass, as now it is. That the better lated to this house the humble and dutiful ac to bring it to pass, we should be in affections ceptation of what his majesty had done, together united. That we should first with all care prowith the humble thanks of the house for his ceed in such laws as concern the general good. zealous and paternal delivery of his grace unto That all heresies and schisms might be moted us, by his own mouth: what wonder they con- out, and care taken to plant and settle God's ceived in his judgment, what joy in his grace, true religion and discipline in the church. what comfort they had in his justice, what | That this wish above all things was at his death approbation they inade of his prudence, and to leave,: 1. One Worship to God. One Kingwhat obedience they yielded to his power and dom entirely governed.' One Uniformity in pleasure. That his direction gare all men Laws. Lastly, That bis occasions were infisatisfaction. That they were determined to nite, and much. beyond those of his predecespursue the course he had prescribed. That sors; and therefore that in this first parliament now they were become suitors, he would be we would not take from him that which we bad pleased to receive a representation of the hum- yielded to others. That in his affections le ble thanks and service of the house."
was no ways inferior to others, nor in his deIlis majesty answered. “That upon this se- sire to ease us." cond access, he was forced to 'reiterate what he The Warrant for a new Election of a knight had said before. That this question was un for Bucks, read and allowed in this form : happily cast upon him, for he carried as great • Whereas the right honourable sir John a respect to our privileges as ever any prince Fortescue, knight, Chancellor of his majesty's did; he was no ground searcher; he was of the • Dutchy of Lancaster, and sir Francis Goodmind that our privileges were his strength : win, knight, have been severally elected and that he thought the ground of our proceeding returned knights of the Shire for the county was our not understanding that he bad inter of Bucks, to serve in this present parliament: meddled before we had decided : that lie thought upon deliberate consultation, and for some also we had no wilful purpose to derogate any special causes moving the commons house of thing from him, for our answer was a grave, parliament, It is this day ordered and redutiful, and obedient answer. But as the quired by the said house, That a Writ be devil had unhappily cast this question between forthwith awarded for a new election of anothem, so he saw God had turned it to two good ther knight for the said Shire: And this shall ends and purposes, One, That he knew, and be your Warrant.' had approved our loyalty. Another; That Directed, “To my very loving friend, sir he had so good an occasion to make testimony George Coppin knigbe, Clerk of the Crown in of his bounty and grace. That as we came • his majesty's High Court of Chancery.'
78. The Case of MIXED MONEY in Ireland, Trin. 2 JAMES I.
A. D. 1605. [Davies's Reports.] [“ As the following Case relates to the King's properly falls within the scope of this Collec
Prerogative of regulating the Coinage * and tion. It is taken from the English edition of Value of Money, in which the whole State is sir John Davies's Reports.” Hargrave.] so immediately and essentially interested, it QUEEN Elizabeth in order to pay the royal
* The royal prerogatives of regulating the ariny which was maintained in this kingdom for Coinage and value of Money, and the history several years, to suppress the rebellion of of the exercise of those prerogatives are well Tyrone, caused a great quantity of Mixed Moexhibited in the earl of Liverpool's Treatise on ney, with the usual stamp of the arms of the the Coins of this realm.
crown, and inscription of her royal stile, to be VOL. 11.
coined in the Tower of London, and transmit- than this Mixed Money, according to the rate tid this money into this kingdom, with a Pro- and valuation that it had, at the time of the clamation, bearing date 21 May, in the 43d, tender; and this Resolution was certified by year of her reiyni, by which her majesty decla-them to the Lord-Deputy, and the certificate ed and established this Mixed Money, immedi- entered in the Council-Book. And in this ately atier the said proclamation, to be the case divers Points were considered and resolved. lawiul and current money of this kingdom of First, it was considered, that in every comIreland, and expressly commanded that this inonwealth, it is necessary to have a certaio money should be so used, accepted and reputed standard of money. [Cotton 4.) For no Comby all bet subjects and others, using any trattic monwealth can subsist without contracts, and or commerce within this kingdom ; and that it no contracts without equality, and no equality any person or persons should refuse to receive in contracts without money. For although this Vixed Money according to the devomma- in the first societies of the world, permutation tion or valuation thereof, viz. shillings for shil- of one thing for another was used, yet that lings, sixpenny pieces for sixpenny pieces, &c. was soon found cumbersome, and the transporbeing tendered for payınent of any wages, fees, tation and division of things was found ditticult stipends, debts, &c. they should be punished as and impossible; and therefore money was incontemners of her royal prerogative and com- vented, as well for the facility of commerce, as mandment. And to the intent that this Mixed to reduce contracts to an equality: ‘Cum non Money should have the better course and circu * facile concurrebat, ut cum tu haberes quod lation, it was firther declared by the same pro-ego desiderarem, ego invicem haberem quod tu claination, that after the 10th day of June im * accipere velles, electa materia est, cujus pubunediately fillowig, all other money which had • lica et perpetua mestiatio difficultatibus perbeen current within this kingdom, before the said * mutationein subveniret. Paul. lib.1. ff. de conproclamation, should be cried down and annul 'trahendis empt.' and therefore money is said led and esteemed as bullion, and not as lawful by Bodin to be mensura publica; and Budelius and current money of this kingdon.
lib. 1. De re nummaria, ca. 3. saith 6 moneta In April, before this Proclamation was pub est justum medium et mensura rerum comlished, when the pure coin of England was cur ' mutabilium, nam per medium monetæ fit onrent within this kingdom, one Breit of Droghe- nium rerum, quæ in inundo sunt, conveniens et da, merchant, having bought certain wares of justa æstimatio.' And to this purpose Keble one Gilbert in London, became bound to the saih, 12 H. 7. 23. b. that every ibing ought to said Gilbert in an obligation of 2001. on condi- be valued per urgent ; by which word argent, tion that he should pay to the said Gilbert, his he meaneth money coined. And the great utility executors or assigns, 1001. sterling, current and of a certain standard of money and of ineasures lawful money of England, at the tomb of earl is well expressed by Budelius in this verse, Strony bow in Christ church, Dublin, at a cer lina fides, pondus, mensura, moneta sit una, tain day to come ; at wbich day and place, Et status illasus totius orbis erit. Breit made a tender of the 1001, in the Mixed Secondly, it was resolved, That it appertainMoney of the new standard, in performance of eth only to the kiog of England, to make or coin the condition of the obligation; and whether Money within his dominions; [2 Ro, ab. 166. 1 this tender was sufficient to save the forfeiture Co. 1-16. 5 Co. 111. 1 H. H. P. C. 188.) so that of the obligation, or whether the said Brett no other person can do it without special license should now, upon the change or alteration of or commandonent of the king; and if any permoney within this kingdom, he compelled to son presume to do it of his own bead, it is treapay the said 1001. in other or better coin than son against the person of the king by the coinin the lixed Money, according to the rate and mon law; and this appears by the stat. of 25 valuation of it, at the time of the tender, was Edw. 3, c. 2, (which is only a declaration of the question at the council table, where the said the common law,) and by Glanvil, Britton and Gilbert, who was a merchant of London, exhi- Bracton, before that statute, Stamford fol. 2 bited his Petition against the said Brett, for and 3. And in the case of Mines, Plowd. 316, the speedy recovery of his debt aforesaid.
a. this point is expressed more clearly, where it And, inasmuch as this case related to the is said, That the king shall have mines of gold kingdom in general, and was also of great im- and silver; for if a subject bad them, he by portance in consideration and reason of state, law could not coin such metals, nor stamp a sir George Carew, then Lord Depuy and also print or value upon them, for it appertaineth to Treasurer, required the Chief Judges, (being of ihe king only to put a value upon coin, and the privy council) to conferon and consider this make the price of the quantity, and to put a Case, and to return to him their Resolution print to it; which being done the coin is curtouching it; who upon conference and consi- rent; and if a subject doth this it is high treaderation on all the points of the said Proclama- son at common law, as appears, 23 Ass. p. 2. tion, resolved, That the tender of the 1007. in and it is bigh treason to the king, because be the Mixed Money, at the day and place afore- bath the sole power of making Money, &c. said, was good aimi suflicient in the low, to save And in this book three tbings are expressed, the forfeiture of the said obligation, and that which are requisite to the making of lawful Brett should not be obliged at any time after, inoney, viz. The authority of the Prince, the to pay other money in discharge of the debt, Stamp, and the Value, But upon the consi