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them the information they wanted, he was dismissed with a direction from the Speaker to attend the pleasure of the House every forenoon : and so the business of that day ended.

But it left behind matter for serious consideration. They wanted to condemn the Patents without touching the King. The obvious way to do this was to throw all the blame upon his advisers. It was the old way; and in this case it was not unjust. Before he granted the Patents he had taken all the care he could to ascertain that they were both lawful and convenient. He had asked those who ought to have known best, and they had told him that they were. If they were not, the blame was not his, but theirs. So far, speaking for themselves as in a matter of opinion, there need be no difficulty. So much was of necessity implied in a petition for the revocation of the Patents as grievous and illegal: and if they should add to it the expression of a hope that he would call those advisers to account for thus misleading him, there would be no difficulty in that. But when it came to "questioning" and "examining” and "reporting" the Referees,-to putting them upon their trial, deciding upon their guilt or innocence, and awarding their "punishment," the difficulty became considerable. For who were to be their Judges? They were a formidable body to attack, standing all together; and without denying that they were answerable for their advice, might decline to answer before this new tribunal, which had just announced that if they presumed to "justify" what they had done, they would be treated ipso facto as delinquents who might be sent to the Tower at once without more ceremony than a question put and a majority of yeas. A few days' leisure for reflexion made a considerable difference in the opinion of the more thoughtful members. On the 5th of March, Sir Dudley Digges, a principal member of the Committee, after remarking how gracious the King had shewn himself in all these things, and how great care he had taken, moved for

"A short bill to be drawn expressing in the preamble the King's great care against all things that might hurt the commonwealth.

"2ndly. A declaration against all projectors.

"3rdly. Against all Referees that shall hereafter mislead the King, that they may be branded to posterity."

1 Sir Francis Seymour: To have a set day when these Referees may answer for themselves; and if they prove guilty, not to have their punishment spared. This... will clear those Referees which are innocent, and discover the residue." moveth the Referees in this particular for p. 530.

"Master of the Wards: Inns may now be examined." C. J.

1620-1.]

A CONFERENCE DESIRED BY THE COMMONS. 189 And the motion was supported by Sir John Walter, with some additions:

"To look forward, the best means to help us. A bill to be drawn as moved by Sir D. Digges. To have all the Patents called in and suppressed: none to be granted hereafter: and if they do, to be void. For hereafter, all procurers, advisers, or countenancers thereof, to incur Pramunire. To send to the Convocation House to draw a curse against all these: But not to look back to the Referees, whereby we may draw opposition and a crossing of the proceedings for hereafter."

Six members were named "to draw the Bill mentioned by Sir John Walter;" and though the House seems to have resolved that "the Referees as well as the projectors of the patents should be questioned by the Committee," it was clear that the Committee by this time knew better what they were doing.

For in the meantime Noye and Hack will had returned from the Tower with their precedents, and disclosed to them the fact that they had no power whatever to deal judicially with persons accused of offences against the state-whether Projectors or Referees, or with any that were not offenders against their own house :2 and had reported it as "the opinion of the Committee that they must join with the Lords for the punishing of Sir Giles Montperson; it being no offence against their particular House, or any member of it, but a general grievance ;" and that "a message should be sent to acquaint their Lordships that they had discovered matters and offences tending to the wrong of his Majesty in his justice, honour, and estate; to the disinheritance of his Majesty's subjects, and the corruption of the Commonwealth; and this by a man of quality; and therefore they thought fit to pray a conference with their Lordships."4

This was on the 28th of February; and the King, having received intelligence of it, wrote immediately to Bacon to warn him of what was coming, and direct him to consult with the Prince and the Lord Treasurer as to the way it should be met. This we learn from the following letter to the King; written not on the 8th of March, (as Birch dated it-a date which would make it impossible to

1 C. J. p. 539.

"That Sir Edward Coke delivered, this House alone had no power to punish any but members thereof or dependents thereupon." C. J. 9 March, 1620-1, p. 546.

3 Proceedings and Debates, p. 109.

4 Ib. p. 114.

5 Birch looked in the right place for fixing the date. But he did not look carefully enough. On Thursday the 8th, it is true, the House of Lords was adjourned till Saturday. But so it was on Thursday the 1st. And it was on that day that the Archbishop made his motion. L. J. p. 32.

find a place for it in the story)—but on the 1st, which explains how it happened that the message recommended by the Committee (which had been immediately approved by the House, and the messenger appointed) was not received by the Lords till the 3rd.

TO THE KING.1

It may please your Majesty,

I received your Majesty's letter about midnight. And (because it was stronger than the ancient summons of the Exchequer, which is, sicut teipsum et omnia tua diligis; whereas this was sicut me diligis), I used all possible care to effect your Majesty's good will and pleasure.

I sent early to the Prince, and to my Lord Treasurer, and we attended his Highness, soon after seven of the clock, at Whitehall, to avoid further note.

We agreed that if the message came we would put the Lords into this way; That the answer should be that we understood they came prepared both with examinatiou and precedent; and we likewise desired to be alike prepared, that the conference mought be with more fruit.

I did further speak with my Lord of Canterbury, when I came to the House (not letting him know any part of the business), that he would go on with a motion, which he had told me of the day before, That the Lords' House mought not sit Wednesday and Friday, because they were convocation days, and so was the former custom of Parliament.

As good luck was, the House read two bills, and had no other business at all. Whereupon my Lord of Canterbury made his motion, and I adjourned the House till Saturday. It was no sooner done, but came the message from the Lower House. But the consummatum-est was past, though I perceived a great willingness in many of the Lords to have recalled it, if it mought have been. So with my best prayers for your Majesty's preservation, I rest

Your Majesty's most bounden

and most devoted servant,

FR. ST. ALBAN, Canc.

Thursday at xi of our forenoon.

1 Gibson's Papers, vol. viii. fo. 140. Copy. No fly-leaf. Indorsed "1620 March to his Matie."

2 Moved by the Archbishop on Thursday, the 1st of March.

1620-1.]

ESCAPE OF SIR G. MONTPERSON.

191

At the same time that the Commons resolved to send their message, they directed Sir Giles to remain with the Serjeant-at-arms, who was required to keep him carefully at his peril. But before Saturday came, Sir Giles (taking advantage of his keeper's good manners, who did not like to follow him into his wife's closet) escaped through the window. So the message had to be supplemented with a request for help in catching him. The Lords were quite conformable in all points: everything was at once done that could be thought of for the arrest of Sir Giles and the securing of his papers; they would be ready to meet them in conference on Monday; and being told that they could not be ready before Thursday, replied that Thursday would do as well.

The intervening days were spent in busy preparation,-examining witnesses, hearing counsel, debating points of law and order, considering how far the Referees should be meddled with, arranging the parts, and hearing from Coke an exposition of the judicial powers of Parliament--upon which be was now very learned. On Tuesday it was concluded that the parts should be thus distributed: Sir Dudley Digges to make the introduction; the Patent of Inns to be entrusted to Sir Thomas Crew, with Noye and Glanvyle to assist the Patent of Gold and Silver Thread to Mr. Recorder (Heneage Finch), with Brooke and Mallett: the Patent of Concealments to Hackwill, with Pym and Cooke: Sir Edwin Sandys to follow with "a general aggravation, amplification or recollection :" while Sir Edward Coke was "to justify the proceedings by precedents, to lay open the remedy, and the way for the punishment, and to make the conclusion."l

:

On Wednesday, the 7th of March, Bacon-at whom the blow was really aimed-wrote to Buckingham.2

To the MARQUIS OF BUCKINGHAM.8

My very good Lord,

With due thanks for your last visit. This day is a play-day with me. But I will wait on your Lordship, if it be necessary.

'Proceedings and Debates, vol. i. p. 124.

2 It appears by Stephens's catalogue that he had also written on the 5th. For a letter is entered there, as dated 5 March, 1620, beginning "I hear of somewhat," and the subject "touching a cause in Parliament about Gold and Silver Thread."

3 Gibson Papers, vol. viii. f. 139. Copy. No fly-leaf. Indorsed "March 7, 1620. To Mar. Buckingham."

Being Wednesday, when the Lords did not sit.

I do hear from divers of judgment, that to-morrow's conference is like to pass in a calm, as to the referees. Sir Lionel Cranfield, who hath been formerly the trumpet, said yesterday, that he did now incline to Sir John Walter's opinion and motion not to have the referees meddled with, otherwise than to discount it from the King; and so not to look back, but to the future. And I do hear almost all men of judgment in the House wish now that way. I woo no body: I do but listen, and I have doubt only of Sir Edward Coke, who I wish had some round caveat given him from the King; for your Lordship hath no great power with him: but I think a word from the King mates him.

If things be carried fair by the committees of the Lower House, I am in some doubt whether there will be occasion for your Lordship to speak to-morrow; though I confess I incline to wish you did, chiefly because you are fortunate in that kind; and, to be plain, also for our better countenance; when your Lordship, according to your noble proposition, shall shew more regard of the fraternity you have with great counsellors, than of the interest of your natural brother.

Always, good my Lord, let us think of times out of Parliament, as well as the present time in Parliament, and let us not all be put es pourpoint. Fair and moderate courses are ever best in causes of estate; the rather, because I wish this Parliament, by the sweet and united passages thereof, may increase the King's reputation with foreigners; who may make a far other judgment than we mean, of a beginning to question great counsellors and officers of the crown, by courts or assemblies of estates. But the reflexion upon my particular in this makes me more sparing than perhaps, as a counsellor, I ought to be. God ever preserve and prosper you

Your Lordship's true servant all and ever,
FR. ST. ALBAN, Canc.

March 7, the day I received the seal, 1620.

8.

The conference took place according to appointment, the committee on each side being the whole House; which accounts for the fact that there was no report, and therefore in the Lords' Journals

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