Roger North in his Examen gives the full story; and D'Israeli, commenting on it, says, "it was not done without some apparent respect for the British constitution." The courts affected not to act against the law, and the judges were summoned to a consultation; but the five who met could not agree in opinion.
Sir William Coventry spoke against the proposed measure. He pointed out that the government obtained considerable revenue from coffee, that the king himself owed to these seemingly obnoxious places no small debt of gratitude in the matter of his own restoration; for they had been permitted in Cromwell's time, when the king's friends had used more liberty of speech than "they dared to do in any other." He urged, also, that it might be rash to issue a command so likely to be disobeyed.
At last, being hard pressed for a reply, the judges gave such a halting opinion in favor of the king's policy as to remind us of the reluctant verdict wrung from the physicians and lawyers of Mecca on the occasion of coffee's first persecution.[81] "The English lawyers, in language which, for its civility and indefiniteness," says Robinson, "would have been the envy of their Eastern brethren," declared that:
Retailing coffee might be an innocent trade, as it might be exercised; but as it is used at present, in the nature of a common assembly, to discourse of matters of State, news and great Persons, as they are Nurseries of Idleness and Pragmaticalness, and hinder the expence of our native Provisions, they might be thought common nuisances.
An attempt was made to mold public opinion to a favorable consideration of the attempt at suppression in The Grand Concern of England explained, which was good propaganda for his majesty's enterprise, but utterly failed to carry conviction to the lovers of liberty.
After much backing and filling, the king, on December 23, 1675, issued a proclamation which in its title frankly stated its object—"for the suppression of coffee houses." It is here given in a somewhat condensed form:
BY THE KING: A PROCLAMATION
FOR THE SUPPRESSION OF
COFFEE HOUSES
Charles R.
Whereas it is most apparent that the multitude of Coffee Houses of late years set up and kept within this kingdom, the dominion of Wales, and town of Berwick-upon-Tweed, and the great resort of Idle and disaffected persons to them, have produced very evil and dangerous effects; as well for that many tradesmen and others, do herein mispend much of their time, which might and probably would be employed in and about their Lawful Calling and Affairs; but also, for that in such houses ... divers false, malitious and scandalous reports are devised and spread abroad to the Defamation of his Majestie's Government, and to the Disturbance of the Peace and Quiet of the Realm; his Majesty hath thought fit and necessary, that the said Coffee Houses be (for the future) Put down, and suppressed, and doth ... strictly charge and command all manner of persons, That they or any of them do not presume from and after the Tenth Day of January next ensuing, to keep any Public Coffee House, or to utter or sell by retail, in his, her or their house or houses (to be spent or consumed within the same) any Coffee, Chocolet, Sherbett or Tea, as they will answer the contrary at their utmost perils ... (all licenses to be revoked).
Given at our Court at Whitehall, this third-and-twentieth day of Dec., 1675, in the seven-and-twentieth year of our Reign.