nevertheless a purpose in himself to make more in time of Parliament; bearing a wise and decent respect to distribute his creations, some to honour his coronation, and some his Parliament.

The coronation followed two days after, upon the thirtieth day of October in the year of our Lord 1485. At which time Innocent the Eighth was Pope of Rome; Frederick the Third Emperor of Almain; and Maximilian his son newly chosen King of the Romans; Charles the Eighth King of France; Ferdinando and Isabella Kings of Spain; and James the Third King of Scotland: with all of which kings and states the King was at that time in good peace and amity.' At which day also (as if the crown upon his head had put perils into his thoughts) he did institute for the better security of his person a band of fifty archers under a captain to attend him, by the name of Yeomen-of-his-Guard: and yet that it might be thought to be rather a matter of dignity, after the imitation of that he had known abroad, than any matter of diffidence appropriate to his own case, he made it to be understood for an ordinance not temporary, but to hold in succession for ever after.

The seventh of November the King held his Parliament at Westminster, which he had summoned immediately after his coming to London. His ends in calling a Parliament (and that so speedily) were chiefly three. First, to procure the crown to be entailed upon himself. Next to have the attainders of all his party (which were in no small number) reversed, and all acts of hostility by them done in his quarrel remitted and discharged; and on the other side, to attaint2 by Parliament the heads and principals of his enemies. The third, to calm and quiet the fears of the rest of that party by a general pardon3; not being ignorant in how great danger a King

1 There seems to have been a doubt at first how he stood with regard to Scotland; for on the 25th of September, 1485, commissions were issued to the Sheriffs of Northumberland, Cumberland, Westmoreland, Yorkshire, and Nottingham, "to hold in array the men of those counties in readiness for an anticipated invasion of the Scots," &c. See Calendar of Patent Rolls, 1 Hen. VII. Rolls Chapel.

* In the original it is spelt "attaine;" probably a misprint.

This is explained in the translation to mean such a general pardon as was usual after a Parliament. Ut inferioris conditionis homines qui Richardo adhæserant (ne forte novis motibus materiam præberet) remissionem generalem, qualis in fine comitiorum a rege emanare solet, consequerentur. The nature of this general pardon is further explained in the Index vocabulorum appended to the translation. It is defined, indulgentia Regis, qua et crimina omnia (exceptis quæ in instrumento remissionis speciatim recen

stands from his subjects, when most of his subjects are conscious in themselves that they stand in his danger. Unto these three special motives of a Parliament was added, that he as a prudent and moderate prince made this judgment, that it was fit for him to haste to let his people see that he meant to govern by law, howsoever he came in by the sword; and fit also to reclaim them to know him for their King, whom they had so lately talked of as an enemy or banished man. For that which concerned the entailing of the crown (more than that he was true to his own will, that he would not endure any mention of the Lady Elizabeth, no not in the nature of special entail2), he carried it otherwise with great wisdom and measure. For he did not press to have the act penned by way of declaration or recognition of right; as on the other side he avoided to have it by new law or ordinance; but chose rather a kind of middle way, by way of establishment, and that under covert and indifferent words; that the inheritance of the crown should rest, remain, and abide in the King, etc.: which words might equally be applied, That the crown should continue to him'; but whether as having former right to it (which was doubtful), or having it then in fact and possession (which no man denied), was left fair to interpretation either way. And again for the limitation of the entail, he did not press it to go farther than to himself and to the heirs of his body, not speaking of his right heirs; but leaving that to the law to decide; so as the entail might seem rather a personal favour to him and

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sentur) et mulctæ, aliæque solutiones Regi debitæ, abolentur. And it is added that it may proceed either from the King alone or from the King and Parliament. quandoque a Rege solo emanat, quandoque a Rege addita auctoritate Parliamenti. seems that Henry's first intention was to take the latter method; but that he changed his mind. See p. 39.

1 In the MS. the sentence stood originally thus,-"that they stand in danger from him." The alteration (which I think is no improvement) is not in the transcriber's hand nor in Bacon's; but apparently in the same in which the direction with regard to the omitted passage in the next page is written. I suppose it was one of the verbal corrections dictated by the King.

From this place to the middle of page 42. I have corrected the text from the MS. The leaves which preceded are lost.

2 Imo nec quod minimum erat permittens, ut liberi ex eâ suscepti primi ante omnes succederent.

3 Verbis tectis et utrinque nutantibus.

The meaning is more accurately expressed in the Latin translation: Quæ verba in utrumque sensum trahi poterant; illud commune habentia, ut scilicet corona in eo stabiliretur; sed utrum, &c. The words might be taken two ways; but either way they must be taken as establishing the crown upon him.

5 Omissá hæredum generalium mentione, sed illud legis decisioni, qualis ex verbis antedictis elici poterat, subjiciebat.

his children, than a total disinherison to the house of York. And in this form was the law drawn and passed. Which statute he procured to be confirmed by the Pope's Bull the year following, with mention nevertheless (by way of recital) of his other titles both of descent and conquest. wreath of three was made a wreath of five. For to the three first titles, of the two houses or lines and conquest, were added two more; the authorities Parliamentary and Papal.

So as now the

The King likewise in the reversal of the attainders of his partakers, and discharging them of all offences incident to his service and succour, had his will; and acts did pass accordingly. In the passage whereof, exception was taken to divers persons in the House of Commons, for that they were attainted, and thereby not legal, nor habilitate to serve in Parliament, being disabled in the highest degree'; and that it should be a great incongruity to have them to make laws who themselves were not inlawed. The truth was, that divers of those which had in the time of King Richard been strongest and most declared for the King's party, were returned Knights and Burgesses of the Parliament; whether by care or recommendation from the state, or the voluntary inclination of the people; many of which had been by Richard the Third attainted by outlawries, or otherwise. The King was somewhat troubled with this. For though it had a grave and specious show, yet it reflected upon his party. But wisely not shewing himself at all moved therewith, he would not understand it but as a case in law, and wished the judges to be advised thereupon, who for that purpose were forthwith assembled in the Exchequer-chamber2 (which is the counsel-chamber of the judges), and upon deliberation they gave a grave and safe opinion and advice, mixed with law and convenience3; which was, that the knights and burgesses attainted by the course of law should forbear to come into the house till a law were passed for the reversal of their

This is rather fuller and clearer in the Latin. Cum vero Statutum illud esset sub incude, intervenit quæstio juris satis subtilis. Dubitatum est enim, utrum suffragia complurium in inferiori consessu tunc existentium valida essent et legitima, eo quod proditionis tempore Richardi damnati fuissent; unde incapaces et inhabiles redditi essent in summo gradu.

2 The index vocabulorum explains, for the benefit of foreigners, that the exchequer chamber was locus in quo judices majores conveniunt; cum aut a rege consuluntur; aut propter vota aqualia in curiis minoribus, omnes deliberant et suffragia reddunt; aut minorum curiarum judicia retractant.

* Ex legum normâ et æquitate naturali temperatam.

attainders. [But the judges left it there, and made no mention whether after such reversal there should need any new election or no, nor whether this sequestering of them from the house were generally upon their disability, or upon an incompetency that they should be judges and parties in their own cause. The point in law was, whether any disability in their natural capacity could trench to their politic capacity, they being but procurators of the commonwealth and representatives and fiduciaries of counties and boroughs; considering their principals stood upright and clear, and therefore were not to receive prejudice from their personal attainders.']

It was at that time incidentally moved amongst the judges in their consultation, what should be done for the King himself who likewise was attainted: but it was with unanimous consent resolved, that the crown takes away all defects and stops in blood: and that from the time the King did assume the crown, the fountain was cleared, and all attainders and corruption of blood discharged. But nevertheless, for honour's sake, it was ordained by Parliament, that all records wherein there was any memory or mention of the King's attainder should be defaced, cancelled, and taken off the file.

But on the part of the King's enemies there were by parliament attainted, the late Duke of Gloucester, calling himself

The passage within brackets is taken from the MS.; where it is crossed out; and against the last sentence is written in the margin, in a hand which I do not know (not Bacon's, as it is supposed to be by Sir Frederic Madden, Archæol. 27, 155), “This to be altered, as his Matie told Mr. Mewtus."

Mr. Meautys, in a letter to Bacon, 7th Jan. 1621-2, says, "Mr. Murray tells me that the King hath given your book to my Lord Brooke, and enjoined him to read it, commending it much to him, and then my Lord Brooke is to return it to your Lp. and so it may go to the press when your Lp. please, with such amendments as the King hath made, which I have seen, and are very few, and these rather words, as epidemic, and mild instead of debonnaire, &c. Only that, of persons attainted enabled to serve in Parliament by a bare reversal of their attainders without issuing any new writs, the King by all means will have left out." This is what Lord Campbell alludes to where he says that James made Bacon "expunge a legal axiom, that on the reversal of an attainder the party attainted is restored to all his rights.""— Lives, iii. 122. 4th ed.

2 The translation adds ut Regi operâ Parliamentariâ non fuisset opus.

3 It is remarkable that in the act of attainder the 21st of August (the day before the battle of Bosworth) is spoken of as being in the first year of Henry's reign; and that, a few lines further on, the 22nd of August is called "the said 22nd day of the said month then f llowing." The expressions are plainly irreconcilable; but I suppose it is only a clerical error or a misprint, and that "the said 22nd day of the said month" should have been "the 22nd day of the said month," &c.

The author of the Pictorial History of England (book vi. cap. i.) thinks that the date of Henry's accession was thus antedated by a day, because if he was not king on the 21st, acts done on the 21st could not have been treason against him. The truth is, it mattered little by what fiction the law chose to bring within its forms a case in itself so utterly irreconcilable with law as a successful rebellion against the de facto

Richard the Third, the Duke of Norfolk, the Earl of Surrey, Viscount Lovell, the Lord Ferrers, the Lord Zouch, Richard Ratcliffe, William Catesby, and many others of degree and quality. In which bills of attainders nevertheless there were contained many just and temperate clauses, savings, and provisoes; well shewing and fore-tokening the wisdom, stay, and moderation of the King's spirit of government. And for the pardon of the rest that had stood against the King, the King upon a second advice thought it not fit it should pass by Parliament', the better (being matter of grace), to impropriate the thanks to himself: using only the opportunity of a Parliament time, the better to disperse it into the veins of the kingdom. Therefore during the Parliament he published his royal proclamation, offering pardon and grace of restitution to all such as had taken arms or been participant of any attempts against him, so as they submitted themselves to his mercy by a day, and took the oath of allegiance and fidelity to him, whereupon many came out of sanctuary, and many more came out of fear, no less guilty than those that had taken sanctuary.

As for money or treasure, the King thought it not seasonable or fit to demand any of his subjects at this Parliament; both because he had received satisfaction from them in matters of so great importance, and because he could not remunerate them with any general pardon (being prevented therein by the coronation pardon passed immediately before); but chiefly, for that it was in every man's eye what great forfeitures and confiscations he had at that present to help himself; whereby those casualties of the crown might in reason spare the purses of the subject; specially in a time when he was in peace with all his neighbours. Some few laws passed at that Parliament, almost for form sake: amongst which there was one, to reduce aliens being made denizens to pay strangers' customs; and another, to draw to himself the seizures and compositions of Italians' goods, for not employment2: being points of profit to his

king. To suppose that Henry had assumed the crown from the day when he was prepared to contest it in the field, was perhaps that form of fiction which came nearest to the truth.

For a fuller account of the discrepant evidence as to the commencement of Henry's regnal year, see Sir Harris Nicolas's Chronology of History, pp. 328–333.

A Parliamentariâ auctoritate promanaret. See note 3. p. 35.

2 i. e. for not being employed upon the purchase of native goods; that being the condition upon which the importation was allowed.

The Latin translation, being addressed to foreigners, gives a fuller and more exact