would procure a stay of the decree upon that award, and procure a new hearing. It was agreed, that six thousand pounds should be given for this by Edward Egerton, and shared amongst them and certain honourable persons. A recognizance of ten thousand pounds was required from Mr. Egerton to the Bishop, for performance hereof; the Bishop's share of this six thousand pounds was to have been so great, as no court of justice would allow. They produced letters of the Bishop's, naming the sum, and setting down a course how this six thousand pounds might be raised; videlicet, the land in question to be decreed for Mr. Egerton, and out of that the money to be levied. And, if this were not effected, then the Bishop promised, in verbo sacerdotis, to deliver up the recognizance to be cancelled. The recognizance is sealed accordingly; and Randolph Davenport rides to the court, and moved the Lord Admiral for his Lordship's letter to the Lord Chancellor herein; but his Lordship denied to meddle in a cause depending in suit. Then the said Randolph Davenport essayed to get the King's letter, but failed therein also: so that the good they intended to Mr. Egerton was not effected; and yet the Bishop, though required, refused to deliver up the said recognizance, until Mr. Egerton threatened to complain thereof to the King.

"He showed also, that the Commons do purpose, that, if any more of this kind happen to be complained of before them, they will present the same to your Lordships; wherein they shall follow the ancient precedents, which show that great personages have been accused for the like in Parliament.

"They humbly desire that, forasmuch as this concerns a person of so great eminency, it may not depend long before your Lordships; that the examination of the proofs may be expedited; and, if he be found guilty, then to be punished; if not guilty, the accusers to be punished." 1

As a means of "expediting the examination of the proofs," the King, when he heard how the case stood, offered to grant a commission under the Great Seal to six members of the Upper and twelve of the Lower House (to be chosen by themselves), with power to examine witnesses upon oath. This should have been a fitter Court to try such a case than the whole House of Lords: but both Houses were jealous of their jurisdiction, and delighted with their present good understanding; the message was received coldly; the King did not press it; and the question was left to the ordinary course of Parliamentary proceeding-so far as it could be made out what the ordinary course was.

The Lords were glad to show how ready they were to undertake the case. They began to swear and examine the witnesses the same day, and the next day they appointed three committees of four, with "power to take examinations of all points generally concerning this business; with this special caution, that none be urged to accuse 1 Lords' Journals, p. 53. 2 Commons' Journal, 19 March, p. 563.

himself." One of the Learned Counsel was appointed to attend. each committee. And, "forasmuch as the examination of these witnesses would require much time, it was agreed" (March 21) "that the Committees should transmit the names of some of the principallest of them, and the heads whereupon they were to be examined; and the examinations to be taken in open Court." In open Court; but apparently without any opportunity for exception or cross-examination on behalf of the party accused. It was agreed at the same time, that all the witnesses so transmitted to be examined in open Court should have the following interrogatories ministered to them :

"1. Whether they, by themselves or any other person, have given money or other gratuity to the Lord Chancellor, or to any other servants, friends, or follower of his ?

"2. Whether they have advised or directed any so to do, or known of any other that hath so done?

"3. Whether they, or the parties which they advised so to do, or have heard so to have done, had then any cause or suit depending before him, or intended to have any?

"4. Whether they have intended, attempted, or contracted for any gratuity so to be given, though not performed ?"

It was specially ordered also, that "no witnesses were to be examined what they received themselves, but only what bribes were given to the Lord Chancellor."

They had made up their minds already that a gratuity was a bribe; and as they had examined Churchill, the registrar, personally just before, and certain "Instructions" with which he had furnished the House of Commons, "concerning divers bribes and abuses in the Chancery," were even now on their way to them—there could be little chance, with these means of discovery, these searching interrogatories, and these precautions for saving harmless all witnesses who would come forward,' of any questionable act escaping detection. So that we probably know the worst of one side of the case, whatever obscurity may still rest upon it from the non-representation of the other.

On the 22nd, three new cases were sent up from the Commons; many witnesses were examined: "the confession and instructions of John Churchill touching bribery and corruption of the Lord Chancellor was read," and delivered, along with the petitions in the

1 "After long debate of this matter, it was ordered That the examinations taken in this Court should not be hereafter used in any other cause nor in any other court." Lords' Journals, 23 March, 1620.

Another

three new cases, to the Committees for examination. Committee was appointed to search precedents for judicature. And as it was now within a week of Good Friday, it was agreed, upon an interchange of messages between the two Houses, that they should adjourn for Easter on the 27th of March, and meet again on the 17th of April: it being provided, however, that the Committees should go on with their examinations during the recess, and prepare them for the next session.1

The 24th was the anniversary of the King's accession. On the 25th Bacon sent him, through Buckingham's hands, a letter, from which we learn something more as to his own view of his own position as he saw the storm gathering over him.

TO THE MARQUIS OF BUCKINGHAM.2

My very good Lord,

Yesterday I know was no day; now I hope I shall hear from your Lordship, who are my anchor in these floods. Mean while to ease my heart a little, I have written to his Majesty the inclosed; which I pray your Lordship to read advisedly, and to deliver it, or not to deliver it, as you think best. prosper your Lordship.

God ever

March 25, 1621.

Yours ever what I can,

FR. ST. ALBAN, Canc.

TO THE KING.S

It may please your most excellent Majesty,

Time hath been when I have brought unto you gemitum columbæ from others. Now I bring it from myself. I fly unto your Majesty with the wings of a dove, which once within these seven days I thought would have carried me a higher flight.

When I enter into myself, I find not the materials of such a tempest as is comen upon me. I have been (as your Majesty knoweth best) never author of any immoderate counsel, but always desired to have things carried suavibus modis. I have been no avaricious oppressor of the people. I have been no

1 L. J. March 23 and 27.

VOL. VII.

2 Tanner MSS. 89, f. 120: original.

* Tanner MSS. 72, f. 105: original.

haughty or intolerable or hateful man, in my conversation or carriage. I have inherited no hatred from my father, but am a good patriot born. Whence should this be? For these are the things that use to raise dislikes abroad.

For the House of Commons, I began my credit there, and now it must be the place of the sepulture thereof; and yet this Parliament, upon the message touching religion, the old love revived, and they said I was the same man still, only honesty was turned into honour.

For the Upper House, even within these days before these troubles, they seemed as to take me into their arms, finding in me ingenuity which they took to be the true straight line of nobleness, without crooks or angles.

And for the briberies and gifts wherewith I am charged, when the books of hearts shall be opened, I hope I shall not be found to have the troubled fountain of a corrupt heart in a depraved habit of taking rewards to pervert justice; howsoever I may be frail, and partake of the abuse of the times.

And therefore I am resolved when I come to my answer, not to trick up my innocency (as I writ to the Lords) by cavillations or voidances, but to speak to them the language that my heart speaketh to me, in excusing, extenuating, or ingenuous confessing; praying to God to give me the grace to see to the bottom of my faults, and that no hardness of heart do steal upon me, under shew of more neatness of conscience than is

cause.

But not to trouble your Majesty longer, craving pardon for this long mourning letter; That which I thirst after as the hart after the streams, is that I may know by my matchless friend that presenteth to you this letter, your Majesty's heart (which is an abyssus of goodness, as I am an abyssus of misery) towards me. I have been ever your man, and counted myself but an usufructuary of myself, the property being yours: and now making myself an oblation to do with me as may best conduce to the honour of your justice, the honour of your mercy, and the use of your service, resting as

clay in your Majesty's gracious hands.

March 25, 1621.

FR. ST. ALBAN, Canc.

The next day the King made a speech to the House of Lords,

recognising their authority as the Supreme Court of Justice; confirming their privileges, reminding them of their duties, advising them to be guided by precedents in the times of good government; leaving judgment wholly to them, and declaring his readiness to carry their sentence into execution; and moreover, in return for their kind dealing with himself, announcing his intention to "strike dead" the three Patents principally complained of-Inns, Ale-houses, Gold and Silver Thread;-a temperate, judicious, honest speech; with which the Lords were much gratified. The day after, both the Houses adjourned; the Lords' Committees being left to pursue the examinations, and Bacon to learn what he could of the evidence against him, and consider how his account stood, and what was best to do.

6.

If he was well enough, he would naturally at such a time seek a little rest at Gorhambury. And if any faith is to be placed in an anecdote told by the author of Aulicus Coquinariæ—an answer to Weldon's Life and Character of King James,'-this seems to be the most likely occasion of it.

After commenting upon Weldon's account of Bacon, the writer goes on

"And let me give this light to his better character, from an observation of the late King, then Prince. Returning from hunting, he espied a coach attended with a goodly troop of horsemen, who it seems were gathered together to wait upon the Chancellor to his house at Gorhambury, at the time of his declension. At which the Prince smiled: Well, do we what we can,' said he, 'this man scorns to go out like a snuff.' Commending his undaunted spirit and excellent parts; not without some regret that such a man should be falling off."1

The circumstances seem to suit this time better than any other. It was a short vacation after a busy term. A few days at his country-house in the beginning of April would do him good. He was still "the Chancellor:" and certainly it was "the time of his declension," and "falling off." He was accused, but not yet convicted. His retinue had not yet been dismissed. And at such a time his friends of the better sort would naturally gather about him for the very purpose of making the kind of demonstration which suggested the Prince's remark.

But though his servants and retainers still wore their liveries and rode their horses, and his friends mustered perhaps in greater force than usual, it was in no spirit of scorn or bravado that he was 1 Secret history of the Court of James I. Vol. ii. p. 267.