nify his Majesty's pleasure to his Judges, as his Secretary doth to his Privy Council,) in the presence of the Lord Chancellor and the Bishop, to signify his pleasure to the Judges, that because his Majesty thought it needful to consult with them in that case before they proceeded to judgment, and that his Majesty's business (as they all knew) was very great, and Midsummer term so near at hand, and the cause argued by his Attorney so lately, they should put off the day till they might advise with his Majesty at his next coming to town. That his Majesty's Attorney signified so much by his letters (the next day after he had received his commandment) to all the Judges, and that in no imperious manner, but alledging the circumstances aforesaid, that the case was lately argued, his Majesty's business great, another term at hand, etc.

Now followeth the manner that was held in this, which his Majesty conceiveth was not only indiscreet, but presumptuous and contemptuous.

For first, they disobeyed this his Majesty's commandment, and proceeded to public argument notwithstanding the same; and thought it enough to certify only their mind to his Majesty.

Secondly, in a general letter under all their hands (howsoever it may be upon divided opinion) they alledge unto his Majesty their oath; and that his Majesty's commandment (for the Attorney's letter was but the case that it was wrapped in) was against law; as if maturity and a deliberate proceeding were a delay, or that commandment of stay in respect of so high a question of state and prerogative, were like a commandment gotten by importunity, or in favour of a suitor.

Thirdly, above all, it is to be noted and justly doubted, that upon the contrary in this that they have done they have broken their oath; for their oath is to counsel the King when they shall be called; and if when the King calleth them to counsel, they will do the deed first, and give him counsel after, this is more than a simple refusal.

Lastly, it is no new thing upon divers particular occasions, of a far higher nature than the consulting with their sovereign about a cause of great moment, to put off days, and yet no breach of oath. And there was another fair passage well known to my Lord Coke, that he might have used if it had pleased him; for that very day was appointed for the King's great cause

VOL. V.

2 A

in the Chancery, both for my lord Hobart and him; which cause ought to have had precedence afore any private cause, as they would have this seem to be.

To this letter his Majesty made a most princely and prudent answer, which I leave to itself.

Upon this declaration his Majesty will be pleased to have the Judges' letter and his own letter read.

Then his Majesty (for his part as I conceive) will be pleased to ask the advice of his Council as well for the stay of the new day, which is Saturday next, as for the censure and reproof of the contempt passed: for though the Judges are a reverend body, yet they are (as all subjects are) corrigible,

2.

Substantially these suggestions were approved and acted upon. But since it was important to get the question concerning the Commendams settled before the following Saturday, whereas the indictment against the Chancery was not likely, in face of the proceedings which had been taken in the Star Chamber, to be preferred again at present, it was thought best to take the Commendam case first and deal with it alone for that time. Accordingly, on Thursday the 6th of June, a Council was held for this purpose at Whitehall, all the Judges attending; at which Council the point in dispute was fully explained and discussed, the opinion and advice of the Council formally taken, and the Judges (with an important exception in the person of Coke, who rather evaded the question than refused to concur) admitted their error and agreed in future to take the course for which the King contended. A full and particular report of the proceedings will be found a little further on in the Act of Council which Bacon drew up and sent to the King for approval a few days after.

In the meantime a report upon a petition for a monopoly-patent, which had been referred to him as Attorney-General, comes in here by right of date; and though the patent itself did not (so far as I know) give rise to any question of historical importance, Bacon's manner of dealing with it is not without interest, as bearing upon the general question of his connexion as referee with those monopolies which caused so great a commotion in the next Parliament, immediately before his fall; with which, indirectly, they had perhaps a good deal to do. It would be premature to enter into any discussion of that question at present, but we shall be the better prepared to understand his position with regard to it hereafter, if we take no

tice as we go of the manner in which such questions came before him in the way of ordinary business, and the spirit in which he was in the babit of dealing with them. Mr. Gardiner maintains that an erroneous principle of political economy was at the bottom of his action in that matter, and that the only monopolies which he favoured were those which he believed to be for the good of the public: and (without committing myself, as at present advised, quite so far as that) I invite the reader to watch and observe as we proceed whether he ever reports in favour of a monopoly which there is reason to believe he thought injurious to the public.

TO THE KING.1

It may please your excellent Majesty,

According to your Majesty's reference signified by Sir Roger Wilbraham, I have considered of the petition of Sir Gilbert Houghton, your Majesty's servant, for a licence of sole transportation of Tallow, Butter, and Hides, etc. out of your realm of Ireland; and have had conference with the Lord Chichester, late Lord Deputy of Ireland, and likewise with Sir John Davies, your Majesty's Attorney there: And this is that which I find:

First, that Hides and Skins may not be meddled withal, being a staple commodity of the kingdom, wherein the towns are principally interessed.

That for Tallow, Butter, Beef (not understanding it of live cattle), and Pipe-staves, (for upon these things we fell, although they were not all contained in the petition, but in respect Hides were more worth than all the rest, they were thought of by way of some supply), these commodities are such as the kingdom may well spare, and in that respect fit to be transported; wherein nevertheless some consideration may be had of the profit that shall be taken upon the licence. Neither do I find that the Farmers of the Customs there, of which some of them were before me, did much stand upon it, but seemed rather to give way to it.

I find also that at this time all these commodities are free to be transported by proclamation, so as no profit can be made of it, except there be first a restraint; which restraint I think fitter to be by some prohibition in the letters patents, than by any

1 Add. MSS. 4259, f. 161. Orig.

new proclamation; and the said letters patents to pass rather here than there, as it was in the Licence of Wines granted to the Lady Arbella; but then those letters patents to be inrolled in the Chancery of Ireland, whereby exemplifications of them may be taken to be sent to the ports.

All which nevertheless I submit to your Majesty's better judgment.

Your Majesty's most humble
bounden subject and servant,

Junii 5°, 1616.

FR. BACON.

3.

By the 12th of June Bacon was ready with his report of the proceedings in Council on the 6th, and in the following letter to Villiers enclosed a draft of it for the King's approval.

To SIR GEORGE VILLIERS.1

Sir,

I send his Majesty a draught of the Act of Council concerning the Judges' letter, penned as near as I could to his Majesty's instructions, received in your presence. I then told his Majesty my memory was not able to keep way with his; and therefore his Majesty will pardon me for any omissions or errors, and be pleased to supply and reform the same.

I am preparing some other materials for his Majesty's excellent hand, concerning business that is coming on for since his Majesty hath renewed my heart within me, methinks I should double my former endeavours. God ever preserve and prosper you. I rest

Your most devoted and bounden servant,

12th of June 1616.

FR. BACON.

The Act of Council itself was printed by Robert Stephens in his first collection; but from a very incorrect copy. It is here corrected from a copy now among the Lansdowne MSS., which appears to have belonged to Sir Julius Cæsar; by whom it is described (in the table

1 Gibson Papers, vol. viii. f. 36. Fair copy, in Bacon's hand.

of contents to the volume) as "The Cause touching the Commendams, handled and ordered before the Lords of the P. Council, 1616."

In 1791, a copy appeared in the Collectanea Juridica which professed to have been collated with the original entry in the Council But I suspect that the collation has not been very carefully

Book. made.

His Majesty having this day given order for a meeting of the Council, and that all the Judges (being twelve in number) should be sent for to be present; when the Lords were set, and the Judges ready attending, his Majesty came himself in person to Council, and opened to them the cause of that assembly; which was: That he had called them together concerning a question that had relation to no private person, but concerned God and the King; the power of the Crown; and the state of his Church whereof he was Protector; and that there was no fitter place to handle it than at the head of his Council-table: That there had been a question pleaded and argued concerning Commendams, the proceedings wherein had either been mishandled or misreported; for his Majesty a year since had received advertisements concerning that case in two extremes: By some, that it did trench far into his Prerogative Royal in the general power of granting Commendams; and by others that the doubt rested only upon a special nature of a Commendam, such as in respect of the in

1 Lansd. MSS. vol. clxxiv. f. 217.