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three sorts of patents (and those somewhat frequent since XIII. 5. the session of 7mo.) which in genere, we conceive, may be most subject to exception of grievance; 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 mode 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 truth 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 recompense; 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 recompense 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 at least relation to the court, make at fit times some modest motions touching the same: That his Majesty would be graciously pleased to permit some laws to pass (for the time past only), nowhere touching his Majesty's legal 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

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XIII. 5. experience discovered to be burthensome 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 vigilance, which hath already stayed and revoked divers patents of like nature, whereof we are ready to show 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 which 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 patent came to our knowledge.

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

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Jan.

Majesty, as we conceived, gave some approbation to have XIII. 5. 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 the 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 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

Your Lordship's, to be commanded,

FR. VERULAM, Canc.

H. MONTAGU.

HENRY HEATH.

EDW. COKE.

RAN. CREWE.

6. The King adopts, or appears to adopt, this scheme, and writs go out for the elections. To Bacon's grief, the nation, mad with news from Prague and the Palatinate,

6. Bacon to Buckingham, Dec. 16, 1620; Chamberlain to Carleton, Jan. 20, 1621, S. P. O.; Lake to Carleton, Jan. 20, 1621, S. P. O.; Bacon's Declaration, Jan. 16, 1621, S. P. O.

T

1621. Jan.

XIII. 6. sends up to Westminster four hundred of the most violent men who have ever met in the Great Council; yet, with straight, swift meaning to do right, to purge abuses in church and state, to launch the army and the fleet against an insolent enemy, even a parliament of fanatics may be turned to good. James, unhappily, loses heart. Fitful and feverish in his moods, he gets alarmed by the returns, puts off the opening, stoops to Gondomar's tales, potters once more about a match in Spain for young Prince Charles. Gondomar regains his power. While Spinola cleanses Cleves and the Palatinate with fire, and the Dutch burghers, smitten into warlike rage, rush to the help of violated cities, James suspends Sir Robert Naunton, Secretary of State, writer of the admirable Fragmenta Regalia from his public functions, for merely giving some hope of English aid to the Protestants of the Rhine!

Jan. 30.

7. When allowed to meet, the knights and squires come. together in a turbulent, almost in a savage mood. They listen with bent brows while the poor King maunders about his love for the Church and his hopes of obtaining a Spanish wife for his son, about his dislike for the doings of the Bohemian Protestants and his willingness to spill his own blood in defence of those of the Rhine, and when he goes away to his palace they proceed, in stern bright haste, to purge their benches from any suspicion of Popish taint. A committee searches the vaults. The whole House takes the sacrament in public. A second time, and ith added solemnity and publicity, the members swear the oaths of supremacy. Hollis and Britton, Roman

7. James' Speech on opening Parl., Jan. 30, 1621, S. P. O.; Note of Sir George More's Report, Feb. 6, 1621, S. P. O.; List of Sub-Committee on Papists, Feb. 5, 1621, S. P. O.; Chamberlain, Feb. 17, 1621, S. P. O.; Com. Jour., i. 508, 512, 515, 525.

Catholics of good family, are excluded from Parliament. XIII. 7. Shepherd is expelled for a jest against the Puritans. A sub-committee revises and edges the penal laws.

Burgess and knight are now in fearful earnest. No more weakness, no more tolerance! Max and Spinola are at our gates.

8. Coke, returned for Liskeard in Cornwall, offers himself as the champion of every fanatical cry, of every mad antipathy of the hour. He yells for the blood of Papists, for the hoards of monopolists, for the licence of free speech. His age, his rank, his experience of the world, his powers of debate, impose on many of the untried members, now serving their maiden session in the House of Commons. Some take him for a guide; still more accept his aid.

The money bills pass at once. The Chancellor has not reckoned on the patriotism of the land in vain. Indeed, in their haste to man the fleets, to put a moving fort between the coast of Essex and the camps of Calais and Ostend, the burgesses vote the King two subsidies without a dissenting voice.

9. James takes this money, not without joy and wonder; but when they ask him to banish recusants from London, to put down masses in ambassadors' houses, to disarm all the Papists, to prevent priests and Jesuits from going abroad, he will not do it. In this resistance to a new persecution, his tolerant Chancellor stands at his back, and bears the odium of his refusal. Bacon, who thinks the

8. Com. Jour., i. 510, 514, 519, 523; Chamberlain to Carleton, Feb. 10, 17, 1621, S. P. O.; Locke to Carleton, Feb. 16, 1621, S. P. O.; Statutes, iv. 1208.

9. Com. Jour., 518, 523; Speech of a Privy Councillor in the House of Commons, Feb. 16, 1621, S. P. O.; Locke to Carleton, Feb. 16, 1621, S. P. O.; Murray to Carleton, Feb. 17, 1621, S. P. O.

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