and acts of the Prince in days of sitting, if through the negligence of officers the journal books of the Upper-House of Parliament before the reign of king Henry VIII. were not all missing.

All which we thought it appertained to our care to look through, and faithfully to represent to his Majesty; and having agreed secrecy amongst ourselves, and enjoined it to the inferior officers, we humbly desire to know his Majesty's pleasure, whether he will silence the question altogether, or make use of it for his service, or refer it to his Council, or what other course he will be pleased to take according to his great wisdom and good pleasure.

This we have dispatched the sooner, because the writs of summons must have forty days distance from the first days of the Parliament. And for the other parts of our accounts, his Majesty shall hear from us, by the grace of God, within few days; evermore praying for his Majesty's prosperity, and wishing your Lordship much happiness.

Your Lordship's to be commanded,

FR. VERULAM, Canc., EDW. COKE, H. MONTAGU,
HENRY HOBARTE, RAN. CREW.

York-house, 21 Nov. 1620.

TO THE LORD CHANCELLOR.'

After my very hearty commendations, I have acquainted his Majesty with your letter, who commanded me to tell you that he had been thinking upon the same point whereof you write three or four days ago, being so far from making any question of it, that he every day expected when a writ should come down; for at the creation of Prince Henry, the Lords of the Council and Judges assured his Majesty of as much as the precedents mentioned in your letter speak of. And so I rest Your Lordship's very loving friend at command, G. BUCKINGHAM.

Newmarket, the 24th of Nov. 1620.

1 Harl. MSS. 7000, f. 32. Original. Docketed "Nov. 24, 1620. Shewing his M. is satisfied with precedents touching the Prince's summons to Parlia ment."

1620.]

PREPARATION FOR PARLIAMENT.

TO THE R. HONOURABLE OUR VERY GOOD L. THE MARQ: OF BUCKINGHAM L. HIGH ADMIRAL OF ENGLAND.1

Our very good Lord,

145

It may please his Majesty to call to mind, that when we gave his Majesty our last account of parliament business in his presence, we went over the grievances of the last parliament in 7 mo, with our opinion, by way of probable conjecture, which of them are like to fall off, and which may perchance stick and be renewed. And we did also then acquaint his Majesty, that we thought it no less fit to take into consideration grievances of like nature, which have sprung since the said last session, which are the more like to be called upon, by how much they are the more fresh; signifying withal that they were of two kinds; some, Proclamations and Commissions, and many Patents; which nevertheless we did not then trouble his Majesty withal in particular; partly for that we were not then fully prepared (it being a work of some length) and partly for that we then desired and obtained leave of his Majesty to communicate them with the Council-table. But since, I the Chancellor received his Majesty's pleasure by Secretary Calvert, that we should first present them to his Majesty with some advice thereupon, provisional, and as we are capable, and thereupon know his Majesty's pleasure before they be brought to the table, which is the work of this dispatch.

And herein his Majesty may be likewise pleased to call to mind, that we then said, and do now humbly make remonstrance to his Majesty, that in this we do not so much express the sense of our own minds or judgments upon the particulars, as we do personate the Lower House, and cast with ourselves what is like to be stirred there. And therefore if there be any thing, either in respect of the matter or the persons, that stands not so well with his Majesty's good liking, that his Majesty would be graciously pleased not to impute it unto us; and withal to consider that it is to this good end, that his Majesty may either remove such of them as in his own princely judgment or with

1 Tanner MSS. 290, f. 33. Original. The rough draught (with many corrections in Bacon's own hand), is in Gibson Papers, vol. viii. f. 238. Docketed by him "The Lord Chancellor and two Chief Justices to the King concerning Parliament business."

VOL. VII.

L

the advice of his council he shall think fit to be removed;. or be the better provided to carry through such of them as he shall think fit to be maintained, in case they should be moved; and so be the less surprised.

First, therefore to begin with the Patents; we find three sorts of patents (and those somewhat frequent, since the session of 7 mo) which in genere we conceive may be most subject to exception of grievance;1 Patents of Old Debts, Patents of Concealments, and Patents of Monopolies, and Forfeitures of or dispensations with Penal Laws, together with some other particulars, which fall not so properly under any one head,

In these three kinds, we do humbly advise several courses to be taken. For the first two, of Old Debts and Concealments, for that they are in a sort legal (though there may be found out some point in law to overthrow them) yet it would be a long business by course of law, and a matter unusual by Act of Council, to call them in. But that that moves us chiefly to avoid the questioning them at the Council-Table, is because if they shall be taken away by the King's act, it may let in upon him a flood of suitors for recompence; whereas if they be taken away at the suit of the Parliament, and a law thereupon made, it frees the King, and leaves him to give recompence only where he shall be pleased to extend grace. Wherefore we conceive the most convenient way will be, if some grave and discreet gentlemen of the country, such as have least relation to the court, make at fit times some modest motion touching the same; That his Majesty would be graciously pleased to permit some law to pass (for the time past only) no ways touching his Majesty's regal power, to free his subjects from the same; and so his Majesty, after due consultation, to give way unto them.

For the third, we do humbly advise that such of them as his Majesty shall give way to have called in, may be questioned before the Council-Table, either as granted contrary to his Majesty's book of bounty, or found since to have been abused in the execution, or otherwise by experience discovered to be

1 In the draught, as it originally stood," which in genere will be much for his Maty', honour and the knitting of the hearts of his people the better unto him, if in some convenient manner without prejudice at all to his Maty's regal power, may be abolished; Patents of old Debts," etc. The alteration is in Bacon's hand.

2 'Perhaps' erased in the draught.

1620.]

REVOCATION OF UNPOPULAR PATENTS.

147

burdensome to the country. But herein we shall add this further humble advice, that it be not done as matter of preparation to a Parliament; but that occasion be taken, partly upon revising of the book of bounty, and partly upon the fresh example, in Sir Henry Yelverton's case, of abuse and surreption in obtaining of patents; and likewise that it be but as a continuance in conformity of the Council's former diligence and vigilancy, which hath already stayed and revoked divers patents of like nature, whereof we are ready to shew the examples. Thus we conceive his Majesty shall keep his greatness, and somewhat shall be done in Parliament, and somewhat out of Parliament, as the nature of the subject and business requires.

We have sent his Majesty herewith a schedule of the particulars of these three kinds; wherein, for the first two, we have set down all that we could at this time discover. But in the latter

we have chosen out but some that are most in speech, and do most tend either to the vexation of the common people, or the discontenting of the gentlemen and justices; the one being the original, the other the representative of the Commons.

There be many more, of like nature but not of like weight,. nor so much rumoured, which to take away now in a blaze will give more scandal that such things were granted, than cause thanks that they be now revoked. The Council may be still doing.

And because all things may appear to his Majesty in the true light, we have set down as well the suitors as the grants, and not only those in whose names the 'patents were taken, but those whom they concern, as far as came to our knowledge.1

For Proclamations and Commissions, they are tender things; and we are willing to meddle with them sparingly. For as for such as do but wait upon Patents (wherein his Majesty, as we conceived, gave some approbation to have them taken away) it is better they fell away by taking away the Patent itself than otherwise; for a Proclamation cannot be revoked but by a Proclamation, which we would avoid.

For those Commonwealth Bills, which his Majesty approved to be put in readiness, and some other things, there will be time enough hereafter to give his Majesty account, and amongst

1 This paragraph is inserted in the margin of the draught, in Bacon's hand.

L 2

them of the extent of his Majesty's pardon, which if his subjects do their part, as we hope they will, we do wish may be more liberal than of later times, pardons being the ancient remuneration in Parliament.

Thus hoping his Majesty out of his gracious and accustomed benignity will accept of our faithful endeavours, and supply the rest by his own princely wisdom and direction, and also humbly praying his Majesty that when he hath himself considered of our humble propositions, he will give us leave to impart them all, or as much as he shall think fit, to the Lords of his Council, for the better strength of his service, we conclude with our prayers for his Majesty's happy preservation, and always rest

Yor Lps. to be commanded,

29th November, 1620.

FR. VERULAM, Canc. H. MONTAGU,
EDW. COKE, HENRY HOBARTE,
RAN. CREWE.

TO THE MARQUIS OF BUCKINGHAM.1

My very good Lord,

Your Lordship may find that in the number of patents which we have represented to his Majesty as like to be stirred in by the Lower House of Parliament, we have set down three which may concern some of your Lordship's special friends, which I account as mine own friends; and so showed myself when they were in suit. The one, that to Sir G. Montpessons, touching the inns; The second, to Mr. Christopher Villiers and Mr. Maule, touching the recognizances for ale-houses: The third, to Mr. Lieutenant of the Tower, touching the cask.

These in duty could not [be] omitted, for that (specially the first two of them) are more rumoured, both by the vulgar and by the gentlemen, yea, and by the Judges themselves, than any other patents at this day. Therefore I thought it appertained to the singular love and affection which I bear you, upon so many obligations, to wish and advise, that your Lordship (whom God hath made in all things so fit to be beloved) would put off the

2

1 Gibson Papers, vol. viii. f. 135. Draught, or copy, all in Bacon's own hand; except the last paragraph of the postscript. No fly-leaf. Indorsed "To Lo. Marq Buck". Patents to be sifted before the Parliamt"

2 Opposite this parenthesis is written in Bacon's own hand "that of Secrecye," a memorandum probably for the last paragraph of the postscript.