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Christendom will hardly recede from that which the two kings shall mediate or determine.

Also, that whereas there doth as it were creep upon the ground a disposition in some places to make popular estates and leagues to the disadvantage of monarchies, the conjunction of the two kings will be able to stop and impedite the growth of any such evil.

These discourses you shall do well frequently to beat upon, and therewithal to fill up the spaces of the active part of your negotiation; representing that it stands well with the greatness and majesty of the two kings to extend their cogitations and the influence of their government, not only to their own subjects, but to the state of the whole world besides, specially the Christian portion thereof.

The next paper, written a week later, explains what was doing in Council.

ACCOUNT OF COUNCIL BUSINESS.1

For remedy against the infestation of pirates (than which there is not a better work under heaven, and therefore worthy of the great care his Majesty hath expressed concerning the same), This is done:

First, Sir Thomas Smith2 hath certified in writing, on the behalf of the merchants of London, that there will be a contribution of £20,000 a year, during two years space, towards the charge of repressing the pirates; 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 the Lord Treasurer, the Lord Carew, and Mr. Chancellor of the Exchequer, (who

Gibson Papers, vol. viii. f. 60. b. Fair copy. Docketed in Bacon's hand, "30 March, 1617. Account of Counsel business."

Governor of the society of merchants trading to the East-Indies, Muscovy, the French and Summer Islands; and treasurer for the colony and company of Virginia. (Note by R. Stephens.)

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 this 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 noise it or nourish it by too much apprehension, nor much less to neglect true 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 watches 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 to be answerable for the observing of his Majesty's proclamation, and for stop of all further building; for which purposes the said Eslues are warned to be before the board, where they shall receive a strait charge, and be tied to a continual account.

For the provosts marshals, there is already direction given for the city and the counties adjacent; and it shall be strengthened with further 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

In allusion to "Evil May-day," exactly 100 years before. See Stowe's Chronicles. A.D. 1517.

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 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 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 causes of Ireland, and the late letters from the Deputy, we have but entered into them, and have appointed Tuesday for a further consultation of the same; and therefore of that subject I forbear to write more for this present.

4.

One of the subjects touched in this report produced a little storm, which though it blew over without doing any damage at that time, contained a warning to Bacon as to his position and authority with the King, so significant that I shall give it a section to itself.

Before the King left London he had resolved with the Council, among other things, that a proclamation should be issued ordering the gentry from London into the country. This was one of those interferences with an Englishman's liberty to do what he likes, which it was obviously inexpedient to resort to without necessity; and the Council, finding that after the departure of the Court London was emptying fast enough of its own accord, decided to suspend the execution of it. Their right to do so they assumed as a matter of course, and Winwood (in a letter dated March 27) merely informed Lake, who was with the King, that they had withheld the Proclamation because they found it needless. In a measure of which the expediency depended so entirely upon accidents of the time and place, it might have been thought that the King would be satisfied with the judgment of his councillors who were on the spot. But it proved quite otherwise.

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"I did this afternoon," says Lake, replying to Winwood's letter, 'acquaint his M. with your letters. . . . At the point which concerneth the staying of the proclamation he brake into great choler, saying

VOL. VI.

M

he was contemned and his commandments neglected; and whatsoever reason could be alleged, he persisted in his passion. That he would never endure that a matter so solemnly determined by him in the presence of his Council, and by them approved, should as soon as his back is turned be changed without his privity. Commanded me to despatch presently to you and to my L. Keeper and to signify his pleasure that he would have the proclamation presently to proceed, and such expedition to be made in it as that without fail it be here to pass his hand before his M. go from this town. His M. saith it is a very weak argument to change the resolution because many be now gone; for he doubteth not but under colour of the next term they will return again. Therefore he will have the proclamation to go forth."

This peremptory message was crossed on the road by Bacon's account of Council business (addressed it seems to Buckingham), where, as we have seen, he alludes to the postponement of the proclamation as a measure in which he entirely concurred, and for which he did not even think it necessary to ask leave or make apology. Reading this passage, the King could have no doubt that Bacon's judgment was decidedly against the issuing of that proclamation: and if he had meant to be advised by him, he would have let it pass. But the King expected obedience, not advice.

"His M. hath commanded me again to send unto you about the proclamation concerning which I sent last unto you. It seemeth my L. Keeper hath written to my L. of Buckingham something concerning it. But his M. hath commanded me to let you understand that obedience is better than sacrifice, and that he knoweth he is King of England. And howsoever people be now out of Town, they may return. At least the proclamation can do no hurt, but will manifest his care. I cannot well by letter tell you how much he is moved at these things, but I wish you to speak with my L. Keeper and that it may be despatched without any

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The Proclamation was of course sent at once to Lincoln for signature, and Bacon knew from that time how very narrow were the limits of his authority in matters of this nature; how little power he had (even when the influence of Buckingham was not exerted) to oppose the King's resolutions when the King had a mind as well as a right to resolve for himself. For nothing had yet occurred to disturb his relations with him, and he had never stood higher in his opinion and favour.

The Council had not waited for the second message, but acted at once on the first,4 which made the King more easily satisfied. And

1 He was still at Lincoln.
3 Lake to Winwood. April 3.
4 Winwood to Lake, April 1.

S. P. Dom. James I. vol. xc. no. 150.
Ibid. vol. xci. no. 10.
Ibid. no. 2.

on the 5th Bacon received from Buckingham the following answer to his last communication.

"I have acquainted his Majesty with your letters, who liked all your proceedings well, saving only that point, for which you have since made. amends in obeying his pleasure, touching the proclamation. His Majesty would have your Lordship go thoroughly about the business of Ireland, whereinto you are so well entered, especially at this time that the Chief Justice is come over, who hath delivered his opinion thereof to his Majesty, and hath understood what his Majesty conceived of the same; wherewith he will acquaint your Lordship, and with his own observation and judgment of the businesses of that country."1

5.

The next letter is from the original belonging to the Hon. G. M. Fortescue.

TO THE R. HON. HIS VERY GOOD L. THE EARL OF BUCKINGHAM, OF HIS M. MOST HON. PRIVY COUNCIL.2

My singular good Lord,

When I heard here your Lordship was dead, I thought I had lived too long. That was (to tell your Lordship truly) the state of my mind upon that report. Since, I hear it was an idle mistaking of my Lord Evers for my Lord Villiers. God's name be blessed, that you are alive to do infinite good, and not so much as sick or ill disposed for any thing I now hear.

I have resigned the Prince's seal, and my Lord Hubberd is placed. I made the Prince laugh, when I told him I resigned it with more comfort than I received it; he understanding me that I had changed for a better. But after I had given him that thought, I turned it upon this, that I left his state and business in good case, whereof I gave him a particular account. The Queen calleth upon me for the matter of her house, wherein your Lordship and my Lord Chamberlain and I dealt, and received his Majesty's direction. So that I shall prepare a warrant first to my Lord Treasurer and Mr. Chancellor, (for

Harl. MSS. 7006.

2 Fortescue Papers. Original: own hand.

4

3 Chancellor and Keeper of the Great Seal to the Prince of Wales. The office was held together with his Chief Justiceship of the Common Pleas. See Calendar of State Papers. Dom. James I. March 29, 1617.

Something, I suppose, concerning Somerset House, where the Queen lived. The name had been recently changed to Denmark House. See 'Court and Times of James I.,' vol. i. p. 464.

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