same result.

Upon this he was brought to the Bar a second time (8 May); and, still refusing to promise obedience except upon conditions, was committed to the Tower.

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Perhaps they might be more successful with his second in command and next day the Serjeant was sent for the third time upon the same errand. But the second in command was the Warden's wife, who having in the meantime taken possession of all the keys and all the authority, referred him to her husband for his answer: and though armed with Habeas Corpus and mace, he could make no impression on her.

The House, which had thus far shown unusual patience and consideration in the matter, began now to get a little hot: a motion that six members should accompany the Serjeant and bring Sir Thomas by force, if he were not given up, was proposed and carried by a considerable majority: and appears to have been only stayed from execution upon a suggestion that any member who took part in such a proceeding would be liable to an action. But the next day (10 May) a new and a better chance offered itself. The King, who had prudently declined all interference in the dispute hitherto, volunteered the promise which the House had forborne to ask for;—he would engage in verbo principis to assent to the Bill at the end of the Parliament. Upon this the Serjeant was sent again to the Fleet, armed as before; and (having first privately and of his own motion informed the Warden's wife of the King's promise) again demanded the body of Sir Thomas. But the faithful and valiant woman knew no authority except her husband's; declared that, without word from him, if he carried Sir Thomas's body, he must carry her own, dead, along with it; and when he offered to take her by the hand, lay down. To go further was beyond his commission; and so all three, -Serjeant, Habeas Corpus, and mace,—came back empty as before.

Then the Warden himself was brought to the Bar again, for the third time; was formally acquainted with the King's promise; was reasoned with being found inexorable, was ordered into closer confinement in a dungeon well known by the significant name of "Little Ease" and when this produced no better effect, some members were sent to see whether the order had really been complied with. They found that he had not been made uneasy enough; and upon their report to that effect, a most distracted debate followed. One would have the Lieutenant of the Tower fined 2000l. for not executing the order. Another would have the Warden himself fined 1007. a day till he relented. A third was for an Act of Parliament disabling him for all offices, etc. A fourth would have the Lessee of the Fleet sent for, and get at their member that way. A fifth was for acquainting

the Lords and petitioning for the King's help. A sixth revived the former motion, that six members of the House should go with the Serjeant, and deliver Sir Thomas by force. A seventh would have the House rise and strike work until they had power to execute their privileges. And so they seemed to be at a non-plus; every man giving an opinion, and no two opinions alike.

It was at this point that Bacon came forward with a suggestion. Hitherto he had taken no part in the business, beyond giving an opinion (27 March) that the delivery of Sir Thomas did not (as the law stood) deprive the creditor of his remedy. But now the House seemed to be in imminent danger of committing some rash action. The problem was, to vindicate the privilege without offending the law. To call upon the Crown to enforce the demand for them would be to acknowledge a want of power in themselves. To enforce it by the hands of their own members would be to exceed their powers. To refuse to proceed with the public business would be foolish. But there was a middle way left. The Serjeant-at-arms might be ordered to recover their lost member by force, and the King might appoint persons to assist him in executing the order. This appears to have been Bacon's suggestion. The note of his speech runs thus.

"This is a great case of Privilege.-Remora, a little fish that stayeth great ships.-We have had two of them this Parlia

ment.

No suit to the King, because he cannot do it, and it is a disclaimer of our power.

Not to rise, like sullen fellows. That is to give over our privileges to wind and weather.-We shall displease the King, and hurt the Commonwealth.

No members of the House to assist the serjeant:-Judges cannot be ministers.

Conclus. To be petitioners to the King, that he would appoint some to aid our Serjeant for the delivery of the prisoner with force." 3

To this proposition however, when upon Bacon's motion it was formally put to the House, objection was taken by the Speaker as contrary to precedent; and though Bacon was prepared and allowed to give some answer to the objection (it being "overruled upon question that he might speak again in the same matter to expound himself" 4) the motion appears to have been ultimately withdrawn, 'C. J. p. 971. 2 Cott. MSS. Tit. F. iv. fo. 4, b.

3 C. J. p. 209, and compare p. 971.

✦ His object appears to have been to draw a distinction between petitioning the

and the question put in another form, though the measure agreed upon was not substantially different. The King was not to be asked for material assistance-only moral: and the debate ended in a resolution that the Serjeant-at-arms should be sent once more with a new writ; that the Warden should be carried to the door of the Fleet; and that the writ should be then delivered to him with commandment from the House to obey it: the Vice-Chamberlain being at the same time privately instructed to go to the King, and humbly desire that he would be pleased (as from himself) to command the Warden upon his allegiance to set Sir Thomas free. This measure at last succeeded. They recovered their member, and established their privilege. The Warden and other prisoners were in due time, after making due submission, released: -and Sympson had to pay all the costs.

3.

These disputes, though not without their importance in the development of our Parliamentary constitution, were serious and vexatious interruptions to the great businesses of the time, upon which the House had shown every disposition to enter promptly and earnestly. The greatest of these was no doubt that which the King had especially recommended to them, and to which his own aspirations were at this time almost exclusively directed,-the Union of England and Scotland: a national work of which it was hardly possible to overrate the importance. But it was full of difficulties and had to be approached with caution. In the meantime there were other questions which stood much in need of settlement and might be proceeded with at once; and though the results attained were not destined to be considerable for the present, the subsequent history of the reign, and especially of Bacon's political career, cannot be properly understood without careful observation of the first movements.

1. The law which gave to the Crown the wardship of minors, springing originally out of the obligations of the feudal system, had ceased to be fit for the existing condition of society, and began to be felt as a burden and a grievance to the subject. Being nevertheless a source of considerable revenue to the Crown, the legality of which was not disputed, it was a fit subject for Parliament to deal with by way of bargain.

King to assist them in executing their own order, and petitioning him to execute it for them. But all that remains of what he said is this:

"Plenitudo potestatis, plenitudo tempestatis.

"To be petitioners to the King to assist: no derogation: a difference between execution and assistance in execution." (C. J. p. 972.)

2. The officers whose duty it was to provide food, carriage, and other necessaries for the Court in its journeys, had of old been in the habit of abusing their authority, and many acts had been passed to keep them in order; but the abuses still continued, and formed another serious grievance.

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3. The popular clamour against monopolies had been allayed for the time by Queen Elizabeth, as we have seen and one of James's first acts was to carry out her intentions, by a Proclamation prohibiting the use of any monopoly-licence ("except such grants only as had been made to any corporation, or company of any art or mystery, or for the maintenance or enlargement of any trade or merchandise ") till it had been examined and allowed of by the King, with the advice of his Council," to be fit to be put in execution without any prejudice to his loving subjects." But the true state of the law with regard to these patents, and to the power exercised by the Crown of granting dispensations from penalties imposed by statutes-which was part of the same question, was still doubtful, and it was a fit time to settle it.

4. Since the Hampton Court Conference, a new edition of the Book of Common Prayer had been put forth by authority, with some alterations and explanations; and a confirmation of it by Act of Parliament was thought expedient.

All these questions, with one or two others of less importance, were brought under consideration of the House on the first day (23 March), and being immediately referred to a Committee (of which Bacon was a member, and I suppose an active one, since he was selected to make their first report to the House) were proceeded with at once.

The three last came within the powers of the House in its ordinary course of legislation. For the abuses of Purveyors and Cartakers, a sub-committee was appointed to peruse the former statutes concerning them, and to draw a Bill for their restraint. With respect to dispensations from Penal Statutes, a Bill was reported ready drawn, which was to be offered for the consideration of the whole House. For Monopolies, all persons aggrieved were invited to bring in their complaints in writing, that the Committee might cousider them and frame a law according to the cause. For the Book

of Common Prayer a sub-committee (in the list of which Bacon's name stands first) was appointed to "capitulate the alterations" and lay them before the Committee in writing, "together with their own opinion of the said book."

But the question of Wardship was of a different character. Be17 May, 1603. Book of Proclamations, p. 12.

VOL. III.

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ing a matter of arrangement, which would require the concurrence beforehand both of the King and the Lords, who had a personal and legal interest in it, they judged it necessary to begin with a conference and the result of their deliberations was reported to the House by Bacon on the 26th of March. Of whose report I find in the Journals the following note.

Sir Francis Bacon, one of his Majesty's Counsel learned, maketh report of the meeting of the Committees touching the matters formerly propounded by Sir Robert Wroth, and of the first endeavours and travel on the point of Wardship of men's children; relating briefly what was said pro et contra, viz.,

1. That it was a thing never petitioned; never won of any King.

Answ. But having his ground from the tenure of Scutagium, Voyage Royal in Escosse, that now determines, by his Majesty's possession of the Crown.

2. Next, the King's honour was considered.

Answ. It was the greatest honour to govern subjects moderately free.

3. The justice of the matter was propounded, in respect it concerned divers officers in their right of credit, of profit, &c., divers mean Lords in their right of possession, of interest, &c.

Answ. This House may take away the office, the countenance, the credit of any man: but that power the House hath always used tenderly. This no new thing; for King Henry VIII, King Edward VI, and Queen Mary had a power granted them by Parliament to dissolve the Court of Wards. That the intention of the House was, that both the King and mean Lords should be comprehended.

The first resolution was for the matter, that petition should be made to the King: Then for the manner it was debated: 1. Whether first to agree upon the plot, and to offer to the King the matter plotted. 2, or first to ask leave to treat; and then, whether first to pray a conference with the Lords, touching a petition to be offered to his Majesty for liberty to treat. Which last was thought the best course, and so resolved by the House."

The Lords were quite ready to confer, and only desired that some other things of the same kind,-as Respite of Homage, Licence of