it as extraordinary (for the mere insertion of a proviso that it was not to be a precedent, though it might do for once, would if often repeated lose all its value, and pass into a precedent itself), and partly to prevent the burden from falling upon the poorer classes.1 But of the exact terms of his amendment no record has been preserved.

How far these objections were just, it is not easy at this distance of time to judge. But that they were urged out of a sincere apprehension that the measure proposed was hazardous, and rather to save the government from embarrassments to come than to obstruct them at the moment, no one I think can doubt who considers Bacon's position, and reads the record, imperfect as it is, of the proceedings which followed. We may not indeed conclude that he was the only speaker who opposed the proposition of the government in the Committee for many speeches may have been, and some probably were, made of which we have no account; but when we find that, of the only speakers who are mentioned as having risen after him, four addressed themselves directly to answer his arguments, and the other four all spoke in favour of the grant, only recommending some independent measures to accompany it; and that a proposition to grant three subsidies and six fifteenths and tenths,-payable, the first at a single payment in the first year, the second at a single payment in the second year, the third at two payments in the third and fourth years,—was agreed to without a division in the Committee, and confirmed "by all without any contradiction "2 in the whole House; we may at least conclude that there was no popular party in opposition strong enough to be worth conciliating at the expense of offending the party in power. The result of the experiment proved indeed that he was mistaken in thinking that the country could so ill bear such an increase of taxation; for though the struggle in anticipation of which it was imposed never came, and during the two years in which the double payment was exacted internal peace gave leisure enough for discontent to express itself, it does not appear that any difficulty was experienced in the collection, or that the overpressure of subsidies (though the burden was increased instead of diminished during the remaining years of Elizabeth's reign) ever took a prominent place among grievances. But the mistake (if mistake it was) was a natural one, and shared by many. It is evident from the records which remain of the speeches both in this Parliament and the

"It is true that, from the beginning, whatsoever was above a double subsidy I did wish might for precedent's sake appear to be extraordinary, and for discontent's sake might not be levied upon the poorer sort."-Letter to Burghley, undated. See p. 233.

2 D'Ewes, p. 495.

last, that the continual increase of taxation' was a subject of general anxiety among the Members. And it was one on which Bacon might easily suppose himself in some respects better able to form an opinion than the Queen or her ministers. As a Member of the Commons, now of some years' experience, and representing such constituencies as Liverpool and Middlesex; as a lawyer, who heard the talk of the Inns of Court and Westminster Hall; as a poor man, before whom people would talk without reserve; as a seeker for knowledge in all quarters, whereby he was brought into familiar communication with craftsmen as well as learned men; he had opportunities of feeling the popular pulse which greater persons could not have. And thinking the measure proposed by the Government hazardous, he recommended another which he thought safer and yet sufficient for the occasion. Being out-voted however, he acquiesced in the decision and offered no further obstruction.

6.

On Thursday, at the hour appointed, the resolution of the Commons was signified to the Lords, and received with expressions studiously framed to efface all traces of the previous misunderstanding: the Commons" desiring their Lordships' correspondency with them in this their cause," and at the same time intimating a hope that “in some other things which they had not yet resolved" they would "join with them in recommending the matters to her Majesty ;" the Lords, on their part, acknowledging that the offer of subsidy “came from them as feeling and understanding the dangers they were in," praising their zeal, and adding that "they would commend nothing unto them, because they did perceive it needless."2 Thus all was in tune again. The Bill-after a little delay in arranging details, some of which were new, but without any further dispute on the main points-passed through its regular stages, and was in due time presented by the Speaker to the Queen; who (after a slight rebuke conveyed by the mouth of the Lord Keeper to some persons,❞—meaning Bacon," who had seemed to regard their countries, and made their necessity more than it was, forgetting the necessity of the time,") received it in her own person with all thanks and gracious acknowledgment. And on the whole she had good reason to be satisfied. The project of introducing a custom of joint consultation between

1 During the first twenty-six years of Elizabeth's reign, only six subsidies had been granted, the intervals between one and another being generally four and sometimes five years. During the last eight, four had been granted; more than double the average. During the next twelve, there were granted no less than ten; nearly quadruple. 2 Hargrave MSS. 324. 37.

VOL. I.

the two Houses in matters of supply had indeed failed, and the Commons remained in secure possession of their privilege; but the prescription which forbade one Parliament to grant more than one subsidy was effectually overthrown. And this was a better thing: for subsequent experience showed that when their privilege was not questioned, they were far from niggardly in the use of it.

7.

There were many other businesses during this Parliament in which Bacon was engaged, but only one in which a memorandum has been preserved of what he said or did, full enough to deserve a place in this work. One or two reports made by him of the proceedings of Committees; one or two observations made in the middle of halfreported debates,2 I pass by as unimportant in themselves and scarcely intelligible without long discussion, which would throw no light upon his character or opinions. Of the part he took in mitigating the severities of a bill against Recusants no record remains, except what may be inferred from a passage in one of his brother's letters, in which he says that "the rigours contained in it were of many misliked, and namely of us brothers, who will do our best against them." But we have a tolerably full abstract of a speech which he made on the 20th of March against a "Bill for the better expedition of justice in the Star Chamber," in which, as holding the reversion of the clerkship of that Court, he had a personal interest. The office was then held by Mr. Mill, against whom complaints were made which led afterwards to a commission of inquiry, as we shall see in due time; and it was probably against the alleged abuses of his administration that this bill was aimed; but as it was rejected upon the second reading, no record of the provisions has come down to us, more than may be gathered from this speech. I transcribe all that relates to it from the Hargrave MS. to which I have so often referred, and which seems to be a copy of that "Journal of the House of Commons, very exactly and elaborately taken by an anonymous being a member of the same," so frequently quoted by D'Ewes; and a more correct copy than the one he used.

SPEECH ON THE SECOND READING OF A BILL FOR THE BETTER EXPEDITION OF JUSTICE IN THE STAR CHAMBER.

Neither profit nor peril shall move me to speak against my conscience in this place. Yet because I am a party interessed in 1 D'Ewes, pp. 503, 516.

2 D'Ewes, p. 515. Lincoln's Inn MSS. (Hale, 138. 178).

3 Letter to A. Standen, 14th March, 1592-3. Lambeth MSS. 648. 98.

this office which the Bill aims at, and so may seem to speak with feeling,-myself also not thinking it fit that being here a judge I should speak also as a party,-yet I beseech you, as the manner is in places judicial, if the Judge be a party, though he sit not then as a Judge, yet may he descend1 and speak as a party at the bar in his own cause, so I beseech you, because I may hap yield reason to the satisfying of any that yet may stand for the Bill, let me be heard speak at the bar.

He offered to go to the bar, but the House in favour would needs have him speak in the place where he sat.

First, there is cunning showed in the Bill, and for that my Lord Keeper might be affected unto it, it seems to give him the bestowing of the Clerk's place.

Secondly, to insinuate with practising lawyers, it gave them a fee; for no interrogatories should be ministered whereto their hand was not subscribed.

Thirdly, it offered also some kindness to myself; for it gave a present forfeiture of the office upon sundry causes.

Fourthly, to the subjects generally it pretended great relief. So it carried a very plausible show.

But indeed the Bill was in itself prejudicial to her Majesty, injurious to the Judges of that Court, and burthensome to the subject.

Prejudicial to her Majesty; for it made a diminution of her inheritance. For the Clerk's place hath always been in her Majesty's gift, and this Bill would carry it to the Lord Keeper, who never before had it.

An indignity offered to the Judges of that Court; for that their Clerk must be ordered by an Act of Parliament, as if their wisdom and care were not sufficient to relieve any abuse they should find in their officers to the grievance of the subject.

Great injury hereby offered to the parties interessed; for first an office which is incident to the Clerk is given from him, and he shall not have the appointing of his own examiner.3

1 defend in MS.

2 So the Hargrave MS. Another in the Lincoln's Inn Library (Hale MSS. 138. 171), which D'Ewes seems to have followed, gives inconvenient. I suspect that a clause has dropped out, and that we should read, "injurious to the parties interessed, an indignity to the judges," etc.

3 So the Lincoln's Inn MS. and D'Ewes. The Hargrave MS. has "if an office, etc., should be given from him, he should not," etc.

Again, the ancient fee hath always been 12d. the sheet, and as much is in other Courts, therefore this not intolerable: and considering the place of his attendance, his fee1 is in the highest Court, whereupon in reason his fee is to have proportion with the place of his attendance.

Now where relief and ease of charge and suits is pretended to the subject, no such thing will come by this Bill, but rather a greater charge.

For it gives a fee for judicial acts, as for making reports, for which no fee is due.

It appoints that a counsellor's hand must be to all interrogatories, so their client must pay for a fee more than he used.

Also whereas usually, upon commission, the parties talking with their deponents have cause presently to draw interrogatories they thought not upon before, now they cannot minister any such interrogatories. Nay to every commission sitting they must bring their counsel, which will be an exceeding charge.

Besides the Commissioners are bound under a pain not to accept interrogatories that are not signed under a counsellor's hand. So the Commissioners must take notice at their perils who be counsellors admitted to the parties, who not.

These with many other reasons, etc.

8.

This is all we know of this matter as far as Bacon is concerned. But the conclusion of the debate, as recorded by the same hand, may as well be added; the rather because it introduces us to a person with whom we shall hereafter have much to do, in a position very characteristic.

"Many (continues the reporter) spake against the Bill, and others as earnestly stood for it, that it might be recorded. The Speaker hereupon propounded the question: As many as will have the Bill rejected, say I; as many as will not have the Bill rejected, say No. The House was divided, because the voice was so indifferent as it could not be discerned which was the greater. The question then grew whether part should go out, those that said I or those that said No.

Mr. Speaker.

"The order of the House is that the 'I' being against the Bill always

So the Hargrave MS. The sentence is altogether incorrect, a clause having probably dropped out. But the meaning is clear. The Lincoln's Inn MS. has place instead of fee.