is not amiss to put you in mind of two things: the one, that ye do not multiply or accumulate laws more than ye need. There is a wise and learned Civilian that applies the curse of the prophet, Pluet super eos laqueos, to multiplicity of laws: for they do but ensnare and entangle the people. I wish rather, that ye should either revive good laws that are fallen and discontinued, or provide against the slack execution of laws which are already in force, or meet with the subtile evasions from laws which time and craft hath undermined, than to make novas creaturas legum, laws upon a new mould.

The other point, touching Laws, is, that ye busy not yourselves too much in private bills, except it be in cases wherein the help and arm of ordinary justice is too short.

For Grievances, his Majesty hath with great grace and benignity opened himself. Nevertheless, the limitations, which may make up your grievances, not to beat the air only but to sort to a desired effect, are principally two. The one (to use his Majesty's term), that ye do not hunt after grievances, such as may seem rather to be stirred here when ye are met, than to have sprung from the desires of the country: Ye are to represent the people ye are not to personate them.

The other, that ye do not heap up grievances, as if numbers should make a shew where the weight is small; or as if all things amiss (like Plato's commonwealth) should be remedied at once. It is certain, that the best governments, yea and the best men, are like the best precious stones, wherein every flaw or icicle or grain are seen and noted more than in those that are generally foul and corrupted.

Therefore contain yourselves within that moderation as may appear to bend rather to the effectual ease of the people, than to a discursive envy or scandal upon the state.

As for the manner of carriage of Parliament business, ye must know that ye deal with a King that hath been longer King than any of you have been Parliament men; and a King that is no less sensible of forms than of matter; and is as far from induring diminution of majesty, as from regarding flattery or vain-glory; and a King that understandeth as well the pulse of the hearts of people as his own orb. And therefore, both let your

1 So in Resusc. I think 'up' ought to be struck out.

2 So in Resusc., a mistake, I think, for 'tend'.

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grievances have a decent and reverent form and stile; and (to use the words of former Parliaments) let them be tanquam gemitus columbæ, without pique or harshness: and on the other side, in that ye do for the King, let it have a mark of unity, alacrity, and affection; which will be of this force, that whatsoever ye do in substance, will be doubled in reputation abroad, as in a crystal glass.

For the time, if ever Parliament was to be measured by the hour-glass, it is this; in regard of the instant occasion flying away irrecoverably. Therefore let your speeches in the House be the speeches of counsellors, and not of orators; let your committees tend to dispatch, not to dispute; and so marshal the times as the public business, especially the proper business, of the Parliament be put first, and private bills be put last, as time shall give leave, or within the spaces of the public.

For the four petitions, his Majesty is pleased to grant them all as liberally as the ancient and true custom of Parliament doth warrant, and with the cautions that have ever gone with them; that is to say, That the privilege be not used for defrauding of creditors and defeating of ordinary justice: that liberty of speech turn not into licence, but be joined with that gravity and discretion, as may taste of duty and love to your sovereign, reverence to your own assembly, and respect to the matters ye. handle that your accesses be at such fit times as may stand best with his Majesty's pleasure and occasions: that mistakings and misunderstandings be rather avoided and prevented (as much as may be) than salved or cleared.

4.

The King's speech was very well received by the Commons, who showed a manifest desire to keep on good terms with him. On the 5th of February, the very first day of the session, the case of the Palatinate having been explained to them, and a speedy supply recommended, the question was referred to a committee of the whole House: on the 16th a unanimous resolution for a grant of two subsidies was reported; and a bill for the purpose being presently drawn went smoothly through all its stages, and received the royal assent on the 22nd of March.

This vote was of great value, as far as it went. It showed unmis

takably that the King and the Commons were friends for the present, and wished to continue so. But the announcement of the resolution had been accompanied with an intimation, which though intended to make the gift sweeter, might well suggest to those who had watched the course of former Parliaments some misgivings and alarms. In the debate of the 5th of February, Sir G. Calvert, now Secretary of State, had described the condition of the Palatinate, and stated how large a force would be required, but does not appear to have offered any estimate of the cost: for the report of the Council of War upon that point had not then been sent in. It was not till the 15th that the Committee of Supply heard how much money would be wanted. They were then told that the maintenance of such an army would require 500,000l. per annum at the least which was more than six subsidies would come to. In presence of this fact a vote of two subsidies required some explanation; and it was given by Coke in reporting from the Committee to the House. "There was given," he said, "a free gift of two subsidies: which were given none gainsaying, and freely not on any consideration or condition for or concerning the Palatinate."

Now, though this may have been meant only to excuse the smallness of the sum (about 164,0007.)-implying that they knew how insufficient it was for the recovery of the Palatinate, and only offered it as a provisional advance, while the means of raising an adequate supply were under consideration,-yet what it did really imply was, that upon the question of raising and supporting an army for the recovery of the Palatinate they made no engagement whatever.2 And though there might be colour for delay in the fact that negotiations were still going on with hopes of a peaceful arrangement, it was forgotten that the advantage in a negotiation for peace of being known to be prepared for war-of " making peace with a sword in his hand," as the King put it-was thereby lost. A provisional vote of 164,000l. carried with it no security that a vote of three times the sum might be counted on when it was wanted. And since a Committee of Grievances had been appointed on the same day with the Committee for Supply, judicious advisers of the Emperor and the King of Spain would no doubt report that they might negotiate at

1 Proceedings and Debates, p. 48.

A private news-writer represents them to have added that "if his Majesty by treaty could not recover the Palatinate, they offered their life and goods for the recovery thereof by force." T. Murray to Carleton, 17 Feb. 1620. S. P. vol. cxix. no. 101. But though the words may have been used, it does not appear that any record was made of them, and therefore they could have no binding force.

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leisure, without any fear of being interrupted by the sudden arrival in the Palatinate of a well-equipped army from England.

The gift was nevertheless received with grateful acknowledgments, as an earnest of the zealous and liberal co-operation which would be forthcoming when wanted: and the House in the meantime went on with its other business.

5.

One of their first proceedings must have given Bacon great satisfaction. One of his favourite measures was advanced a step. On the 15th of February, upon a report from Mr. Hackwill of what had been done (by direction from the King and the Lords of the Council, upon the "advice of the now Lord Chancellor, Lord Treasurer, and Lord Hubbard ") in surveying the statutes; and how they had found" almost 600 fit to be repealed, as snaring"; seven principal lawyers, including Sir Edward Coke, were appointed "to join with Mr. Noy, Mr: H. Finch, and Mr. Hackwill," (the commissioners who had been set on work by the King), "to survey all the statutes, and to draw all the statutes concerning one matter into one plain and perfect law; and to consider which were fit to be repealed, which in force, and which fit to be continued." 1 This was in effect the very measure which Bacon himself brought in in 1614, as one of the bills of grace; which, after the abrupt dissolution of that abortive Parliament, he urged the King to proceed with by commissioners and in which he reported two years after, that "a great deal of good pains" had been taken by himself and others, so that the work was "already advanced," and in a condition to be taken up by Parliament, and entrusted to commissioners to be named by the two Houses. The present proceeding was merely the appointment of a Select Committee to report upon the subject; but it was the first step towards "the compiling and amendment of the laws of England," which in his political aspirations held, I think, the place of first importance.

:

They were busy at the same time with another matter which interested them much more, and which he, probably, (though the part assigned to him was gratifying as a proof of personal confidence) would have been better content to let alone. This was a petition to the King "for the better execution of the laws now in force against the Jesuits, Seminary Priests, and Popish Recusants;" with which the Lords were requested to acquaint the King, and obtain leave of

access for the purpose of presenting it and hearing his answer. The King consented to receive it on Saturday, the 17th, and on Friday the two Houses met in conference to settle their form of proceeding the result of which was that Bacon was chosen to speak for both which he did: and on Monday reported to the Upper House what had passed.

:

"His Lordship's relation was brief (as he said): as well because most of all their Lordships were then present, and principally for that his Lordship knew, and willingly acknowledged, he was no way able in any degree to deliver it in such sort as his Majesty spake."1

From those

This is all we find about it in the Lords' Journals. of the Commons we only learn that his report was repeated to them and delivered in writing at their request.2 But one of Carleton's correspondents supplies the following brief account:

"This day both the Houses conjunctly are to move his Majesty,

"1. That according to the statute, all Recusants may be commanded by Proclamation to retire from London ten miles during the Parliament. "2. That through all England they may be confined within five miles about their houses.

"3. That they be not suffered to have any arms about their houses but for their personal defence.

"4. That none shall resort to ambassadors' houses for the hearing of

masses.

"5. That no Jesuits or Priests which are in prison shall be licenced to go abroad, and that none shall resort to them, and that they shall be restrained from the saying of masses.

This afternoon his Majesty is to declare his pleasure on these five points.

"After I had ended, the two Houses did attend his Majesty. And for them both my Lord Chancellor was speaker to his Majesty. Leaving compliments, he did propone the five points or branches concerning religion contained in this letter, adding the desire that the sessments upon Recusants' lands might be duly made and executed.

"His Majesty did agree to all the points in substance. Only he did say that a Proclamation was unnecessary, the statutes of the Kingdom providing for the same. He did undertake by the advice of the Council to see the execution performed. He did also desire them to provide that Papists' children should be bred in our religion.”3

6.

At the next conference between the two Houses Bacon's part was

1 L. J. p. 22.

2 Proceedings and Debates, p. 68, 73.

3 Thomas Murray to Carleton, 17 Feb. 1620-1. S. P. vol. cxix. no. 101.