The Lord Chancellor and two Chief Justices* to the Marquis of Buckingham.

Our very good Lord,

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 7mo,† 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 up 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 trouble his majesty withal in particular; partly, for that we were not then fully prepared (as 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 now 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 provisionally, 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 hereupon his majesty may be likewise pleased to call to mind, that we then said, and do now also 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

Sir Henry Montagu of the King's Bench, and Sir Henry Hobart of the Common Pleas.

✦ That which began February 9, 1609, and was prorogued July 23, 1610.

with 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 the less surprised.

First, therefore, to begin with the patents, we find three sorts of patents, and those somewhat frequent, since 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 for dispensations of penal laws, together with some other particulars, which fall not so properly under any one head.

In these three heads, 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 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 intend grace. Wherefore we conceive the most convenient way will be, if some grave and discreet gentlemen of the country, such as have lost relation to the court, make, at fit times, some modest motion touching the same; and 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 the subjects from the same; and so his majesty, after due consultation, to give way unto it.

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 burdensome to the country. But herein we shall add this farther 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 examples 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 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 require.

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 discountenancing of our gentlemen and justices, the one being the original, the other the representative of the commons.

There being 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 thanks, that they be now revoked.

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 comes 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 majesty, as we conceived, gave some approbation to have them taken away), it is better they fall away, by taking away the patent itself, than otherwise; for a proclamation cannot be revoked but by proclamation, which we 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 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, a pardon 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, &c.

Indorsed-The Lord Chancellor and the two Chief Justices to the King concerning parliament

business.

Sir Francis Bacon to King James.*

It may please your excellent Majesty,

I perceive by the Bishop of Bath and Wells, that although it seemeth he hath dealt in an effectual manner with Peacham, yet he prevaileth little hitherto; for he hath gotten of him no new names, neither doth Peacham alter in his tale touching Sir John Sydenham.

Peacham standeth off in two material points de novo. The one, he will not yet discover into whose hands he did put his papers touching the consistory villanies. They were not found with the other bundles upon the search; neither did he ever say that he had burned or defaced them. Therefore it is like they are in some person's hands; and it is like again, that that person that he hath trusted with those papers, he likewise trusted with these others of the treasons, I mean with the sight of them.

The other, that he taketh time to answer, when he is asked, whether he heard not from Mr. Paulet some such words, as, he saith, he heard from Sir John Sydenham, or in some lighter manner.

I hold it fit, that myself, and my fellows, go to the Tower, and so I purpose to examine him upon these points, and some others; at the least, that the world may take notice that the business is followed as heretofore, and that the stay of the trial is upon farther discovery, according to that we give out.

I think also it were not amiss to make a false fire, as if all things were ready for his going down to his trial, and that he were upon the very point of being carried down, to see what that will work with him.

Lastly, I do think it most necessary, and a point princi

* Sir David Dalrymple's Memorials and Letters, p. 29.

pally to be regarded, that because we live in an age wherein no counsel is kept, and that it is true there is some bruit abroad, that the judges of the King's Bench do doubt of the case, that it should not be treason; that it be given out constantly, and yet as it were a secret, and so a fame to slide, that the doubt was only upon the publication, in that it was never published, for that (if your majesty marketh it) taketh away, or least qualifies the danger of the example; for that will be no man's case.

This is all I can do to thridd your majesty's business with a continual and settled care, turning and returning, not with any thing in the world, save only the occasions themselves, and your majesty's good pleasure.

I had no time to report to your majesty, at your being here, the business referred, touching Mr. John Murray. I find a shrewd ground of a title against your majesty and the patentees of these lands, by the coheir of Thomas, Earl of Northumberland; for I see a fair deed, I find a reasonable consideration for the making the said deed, being for the advancement of his daughters; for that all the possessions of the earldom were entailed upon his brother; I find it was made four years before his rebellion; and I see some probable cause why it hath slept so long. But Mr. Murray's petition speaketh only of the moiety of one of the coheirs, whereunto if your majesty should give way, you might be prejudiced in the other moiety. Therefore if Mr. Murray can get power of the whole, then it may be safe for your majesty to give way to the trial of the right; when the whole shall be submitted to you.

Mr. Murray is my dear friend; but I must cut even in these things, and so I know he would himself wish no other. God preserve your majesty.

Your Majesty's most humble and
devoted Subject and Servant,

Feb. the 28, 1614.

FR. BACON.