But on referring to the particulars, it will be found that the direct evidence of the fact in each case is drawn almost entirely from sources which were not within Bacon's reach. At the time he wrote, there was no accessible collection of state-documents resembling Rymer's Fœdera, and apparently no accessible record by which it could be ascertained at what precise date the several Parliaments in this reign were called. The Herald's narrative, which supplies the only positive evidence we have as to the first of these Great Councils, it is clear that he had not seen. Henry the Seventh's privy-seal, which contains positive evidence as to the last, is a single sheet, which may not have been in Sir Robert Cotton's possession at the time, and if it was may easily have been overlooked; and without it, the notice in the old Chronicle, though distinct and of great weight, would have been hardly sufficient perhaps to establish the fact. Now if we should set aside all the evidence, direct or inferential, which is derived from these sources, there would really be no ground for suspecting the accuracy of Polydore's narrative. Therefore that Bacon did not anticipate the conjecture, is not in fact any presumption against it.

Another objection may be drawn from the silence of contemporary historians as to the fact, and of the constitutional writers of the next century as to the practice. It may be urged, and urged with much appearance of reason, that if the calling of a Great Council, such as I suppose these to have been, was in those days a new or a very unusual thing, it would have made a noise at the time; and then how came Fabyan, or Polydore, or Hall, who were contemporaries, not to have heard of it? And that if on the contrary it was a thing frequent and familiar to people in the days of Henry the Seventh, it must have been familiar to students of the constitution in the days of Elizabeth and James the First; and then how came Sir Edward Coke, in the fourth part of his Institutes, to give an elaborate account of the constitution and functions of the Council, without alluding to a practice of such considerable constitutional importance; or how was it that during the latter half of James the First's reign, when the government was in continual embarrassment from the opposition of the Lower House of Parliament, the experiment of reviving this practice, and calling a "Great Council" for deliberation and advice, was never (as far as I know) proposed for consideration or once mentioned, at least by that name? 2

In the first part of the Institutes (ii. 10. 164.) Coke mentions the Magnum Concilium as meaning sometimes the Upper House of Parliament; and sometimes, when Parliament was not sitting, the "Peers of the realm, Lords of Parliament, who are called (he says) Magnum Concilium Regis." But he says nothing of any peculiar function belonging to it, or of the occasions on which it was called.

The Council before which Robert Earl of Essex was charged, heard, and censured on the 5th of June, 1600; and that before which James's Learned Counsel recom

Fortunately it is not necessary to answer this question; for there is no doubt about the fact. That "Great Councils," precisely such as I suppose these to have been, were frequently summoned during the three reigns of the House of Lancaster, is a fact established by direct evidence altogether conclusive. In the Proceedings and Ordinances of the Privy Council, edited by Sir Harris Nicolas in 1834, there is distinct mention made of not less than sixteen "Great Councils" called during the sixty-one years of the Lancastrian dynasty, and there are traces of more. The latest of which there is record there was in 1459; only twenty-six years before the accession of Henry the Seventh. And we are not to conclude, because this is the last recorded, that it was the last which took place: for the records of the proceedings of the Council from the end of Henry the Sixth's to nearly the end of Henry the Eighth's reign are almost all lost; and therefore the negative evidence is of no value. Positive evidence on the other hand is not wanting to show that the practice was in use at least seventeen years after. Twice in the Paston Correspondence we meet with news of the Council then sitting; which on both occasions the editor supposes (see table of contents) to mean Parliament; though it is certain that no Parliament was sitting at the time. One is stated to have ended on the 3rd of March 1473–4, the last day of Edward the Fourth's 13th year; the other as having begun on the 13th of February, in his 16th year; that is, 1476-7. See Vol. II. pp. 158. 205. This brings us within nine years of Henry the Seventh's accession. So that, even if that were the latest precedent, there would be nothing strange either in the name or the thing.

Of the distinctive character and functions of these Great Councils the clearest and most complete description which I have met with is in Sir Matthew Hale's Jurisdiction of the House of Lords, published by Hargrave in 17961; but the fullest and most authentic evidence,

mended that Sir Walter Raleigh should be charged and heard in 1618; were very like Great Councils both in composition and in function; but I do not find any allusion to the precedent in either case.

....

1 "This magnum consilium was of two kinds; viz. a magnum consilium out of Parliament, and a magnum consilium in Parliament. The former of these was commonly upon some emergent occasion, that either in respect of the suddenness could not expect the summoning of Parliament, or in respect of its nature needed it not, or was intended but as preparative to it. . . . . But the form of these Great Councils was varied. For sometimes only some few of the prelates and nobility were called to it, and none of the consilium ordinarium, as claus. 33 E. 3. m. dors. At other times not only the nobility, prelates, and consilium ordinarium were called, but also there went out writs to every sheriff to return one knight for each county, and to divers cities and boroughs to return one citizen or burgess, as was done claus. 27. E. 3. m. 12. dors. upon the making of the ordinance of the staple. But this magnum consilium had nothing of legislative power nor jurisdiction; and therefore the ordinances of the staple were after enacted by Parliament to supply the defect of a law. I never yet saw any private petition, or footsteps of jurisdiction exercised by such a Grand Council. These Grand Councils have been rarely summoned of late years; businesses of state being usually despatched by the Privy Council, and if of very great importance in Parliament. The

and that which comes nearest to the times in question, is to be found in the records published by Sir Harris Nicolas.

"They appear to have been summoned (he says) whenever affairs of greater moment occurred than the 'Continual Council' thought proper to determine, but were not of such a nature or such a degree of importance as to render it advisable to bring them before Parliament." The Peers spiritual and temporal were considered as belonging to the Great Council of course; "Lords of the Great Council" appears to have been one of their titles. And it is probable that in ordinary cases it was composed (according to Mr. Hallam's conjecture; "Middle Ages" vol. iii. p. 213.) of these alone, in conjunction with the members of the "Continual" Council. But it is certain that on some special occasions many commoners were joined with them; specially selected from various qualities, professions, and localities, according to the nature of the question in debate. Thus, in the second year of Henry the Fourth, on the 20th of July, 1401, letters were addressed to the "Continual Council,” commanding them (pour certaines chargeantes matires touchantes nous et notre roiaume) to summon all the Prelates, Earls, and Barons of the realm, and from four to eight of the most sufficient and discreet Knights of each County, to attend a Council at Westminster on the Feast of the Assumption next ensuing. And a second letter was addressed to them on the following day commanding that a certain number of Esquires should be likewise summoned to attend this Council. The object was to have their advice with regard to the war with France; and it appears from a list annexed that the Council was attended by about 150 Knights and Esquires, besides the Lords spiritual and temporal. (See Proceedings and Ordinances of the P. C. vol. i. p. 155., and Rymer viii. 213.)

Again, a minute of Council dated the 7th of March, 1442-3, (21 Hen. 6.) directs that there. be "made letters under privy seal to all the King's freemen, and also to the King's Great Council, to be with the King in his Great Council at Westminster at the 15th of Pasque, all excusations ceasing, for the good of his realm, lordships, and subjects." (Proceedings and Ordinances, v. p. 237.) The occasion of this was also a French war.

I have selected these two instances as containing the most distinct mention that I can find of the summoning of persons who were not members of the King's Council by rank or office, and of their character and quality. In other cases they are less distinctly mentioned as et plusieurs autres,” or “et aliorum ad illud convocatorum." In others, and indeed in the majority, there are no traces

only Grand Council that hath been in my remembrance was that at York, at the coming in of the Scots."- Hale's Jurisdiction of the House of Lords, chap. 2. § 3.

of the presence of any persons besides the Lords and the members of the Continual Council. The questions on which they were summoned to advise and deliberate were not always questions of peace and war.

Sometimes it was a question of raising money; as in the first year of Henry the Fourth, when in order to avoid the necessity of calling a Parliament and taxing the Commons, it was agreed that the Peers themselves should grant the King an aid, and that letters of Privy Seal should be sent to all the Abbots for the same purpose. (See Vol. I. p. 102.) And again in the third year of Henry the Fifth, when the Lords temporal, who had undertaken in a previous Parliament to do the King service in his wars upon certain terms of payment, consented to allow him a longer day for the payment, considering that the supplies granted by Parliament for the purpose could not be levied soon enough. (II. p. 150.) In the seventh year of Henry the Sixth, a Great Council was summoned to advise upon a proposal that the King should be crowned in France, and also upon the means of supplying a deficiency in the revenue. In his ninth year a Great Council was summoned to advise upon the expediency of calling a Parliament. (IV. p. 67.) In the next year the question of the salary of the Lieutenant of England was referred to a Great Council. (IV. p. 105.) In his twelfth year, a proposal having been made for peace with Scotland by marriage of the King with one of the Scottish King's daughters, and the Continual Council having considered the proposition, but not liking to give advice on a matter of such weight, referred it to the King's uncles; who in their turn "doubting greatly to take upon them sole so great a charge," requested that a "Great Council" might be called to deliberate upon it. (IV. p. 191.) The minutes of the Council which was called in consequence (IV. 210-213.) and which met soon after the siege of Orleans and the beginning of the English reverses in France, make no mention of this subject; but of a dispute between the Dukes of Bedford and Gloucester, and a question as to the ways and means of raising 40 or 50,000l. for carrying on the war, according to a proposition of the Duke of Bedford. In the sixteenth year of Edward the Fourth, Sir John Paston informs his correspondent (vol. ii. p. 205.) that "yesterday began the Great Council; to which all the estates of the land shall come but if it be for great and reasonable excuses. And I suppose the chief cause of this assembly is to commune what is best to do now upon the great change by the death of the Duke of Burgoyne and for the keeping of Calais and the marches, and for the preservation of the amities taken late as well with France as now with the members of Flanders."

It is clear therefore that the reference to a "Great Council" of such questions as formed the subject of deliberation on the three occasions to which my conjecture refers was quite according to

precedent. It would appear moreover from the minutes that the proceedings always began with a speech by the Chancellor, setting forth the questions upon which they were called to deliberate and advise. So that in all but the name and the account of laws passed (which were in fact passed by the Parliament that met just before or just after), Bacon's narrative may be a correct report of the proceeding in each case.

No. II.

Perkyn Werbecks his Proclamation

published in the time of his Rebellion in the beginning of the Reign of H. 7.'

RICHARD by the grace of God King of England and of France, Lord of Ireland, Prince of Wales, to all those that these our present letters shall see hear or read, and to every of them, greeting: and whereas we in our tender age escaped by God's might out of the tower of London, and were secretly conveyed over the sea into other divers countries, there remaining certain years as unknown; in the which season it happened one Henry, son to Edmund Tydder, Earl of Richmond created, son to Owen Tydder, of low birth, in the country of Wales, to come from France and entered into this our realm; and by subtle false means to obtain the crown of the same unto us of right appertaining; which Henry is our extreme and mortal enemy as soon as he had knowledge of our being one live, imagined, compassed and wrought all the subtle ways and means he could devise to our final destruction, insomuch as he hath not only falsely surmised us to be a feigned person, giving us nicknames so abusing your minds, but also to defer and put us from our entry into this our realm, hath offered large sums of money to corrupt the princes in every land and country and that we have been retained with and made importune labour to certain of our servants about our person some of them to murder our person, us [sic] and other to forsake and leave our righteous quarrel, and to depart from our service, as by Sir Robert Clifford and others was verified and openly proved, and to bring his cursed and malicious intent aforesaid to his purpose he hath subtilly and by crafty means levied outrageous and importable sums of moneys upon

1 Harl. MSS. 283. fo. 123. b. "The original of this, in an old written hand, is in the hands of Sir Robert Cotton; 18 August, 1616."— Note in the hand of the transcriber.