or delay until other Princes were treated with; that we would take order for the preventing of that inconvenience by forbearing any such treaty; and that his Maty might only send unto the King of Spain in a courteous and friendly manner to let him understand, that upon the complaint of his subjects he had thought fit to set forth a fleet against the Pirates, whose abode was near unto the coasts of his dominions; so that it might fall out that his said fleet might have cause to make use of his Ports, which happening his Maty would intreat from the King of Spain all good and friendly usage, of which there was no cause to doubt but that Princes in amity would afford one to another.

But the merchants very respectfully replied, that they were humble suitors to his Maty for relief in this their distress; and that they were willing to tender the offer they had made of the contribution towards the charge; but for the means or course to be held therein, they did according to their duties wholly and willingly refer it to his May and his Council. But yet they intimated that their opinions were, that the fittest way, and the likeliest to work the effect intended, was that his Maty would be pleased by his ministers to treat with other Princes, for the uniting of their forces, or at least for the joining in a contribution towards the charge.

All the Captains being afterwards demanded whether in the interim whilst other Princes were a-treating with, it would not be fit by doing something to give a beginning to the work, were of opinion that it was fit noway to meddle till the business might fully and wholly be undertaken; for that would but waste and consume part of the contribution and work no effect, but rather give a heartening and encouragement unto the Pirates.

After we had had this long debate with the merchants, we called in the captains and experienced seamen, who, as we have said before, absolutely rejected any project that might be for the surprise of the port of Argiers. And all of them without any one dissenting voice (though we heard each of them speak severally) delivered their opinions, that there was no other way for the subversion and overthrow of the Pirates, but by the keeping of a continual strength and power upon them for some years. And to this effect a consent and joining of divers Christian princes would be necessary; as of France and the Hol

landers, but especially of the King of Spain, without whose aid and assistance they all averred little good was to be done against the Pirates for many reasons. First, that ships of war should not carry above five, but cannot carry above six months' victuals; whereof two are to be allowed for the journey and two the return, unless they may have ports to victual afresh; so that there will only remain two months of employment; during which time if the Pirates should keep their ports, any fleet that shall be sent out against them must return without doing anything, and the Pirates rather receive encouragement than prejudice. As for the ports which may be useful to such a fleet, either to relieve them in any distress, or for careening, or for revictualling, they all conclude that there are none proper but those belonging to the King of Spain. For Marcelles, Tolon, and Villa Franca, they are above a hundred leagues distant from Argiers, so that the fleet would neither get sudden intelligence of the Pirates coming abroad, nor be so near as much to keep them in awe. Besides the sea-men all agree that if use were not made of the King of Spain's ports, upon any strong settled easterly wind they had no other ports to friend, until they had seized the coasts of England or Ireland; So that briefly the sum of their opinions was, That the fittest course for the suppression of the Pirates is by a continued war and not by surprise; that hereunto other Princes are to be invited, and chiefly the King of Spain, of whose ports and further assistance we must be made assured. But they all seem likewise to desire that if it so might be, his assistance might rather be by way of money than of joining his forces. And unto this opinion we ourselves do likewise incline, and shall go on to put the business into this way and to consider further of the proportion of forces, as soon as we have received his Matys allowance of this course. In the mean time we held it very fitting to give by your Lops that are the major part of the Commissioners for Spanish businesses, an account of this our proceeding unto his May, and shall not fail likewise to advertise you what conclusion we shall make therein, and to send you a copy of the Instructions which we shall think fit to give Mr. Vice Chamberlain for his negotiation in Spain; to the end that we may have your LoPS concurrency in this, as in the rest belonging to his employment And so with our hearty commendations, wishing unto your LoPs a good jour

L

ney and a happy return, we bid you farewell. the last of April 1617.

From Whitehall,

On the 7th of May Bacon took his seat in the Court of Chancery. "Our Lord Keeper," says one of Carleton's correspondents, "exceeds all his predecessors in the bravery and multitude of his servants. It amazes those that look on his beginnings, besides never so indulgent a master. On the first day of term he appeared in his greatest glory; for to the Hall, besides his own retinue, did accompany him all the Lords of his Majesty's Council and others, with all knights and gentlemen that could get horses and footcloths."1

Chamberlain also came up to town to see the show. "He was accompanied," he says, "by most of the nobility, with other gallants, to the number of more than 200 horse, besides the Judges and the Inns of Court. There was a great deal more bravery and better show of horse than was expected in the King's absence; but both Queen and Prince sent all their followers, and his other friends did their best to honour him."2 Camden appends to his brief note of the fact the order of the procession, as became the Clarence king of arms: but with this, having matter of more moment to deal with, I need not trouble the reader. "He made a speech in Chancery," continues Chamberlain, "whereof I was promised a copy; but as I hear himself hath hindered that none shall be dispersed: whether it be, as some think, that there is a meaning to have it printed, or rather, as others to the contrary, that it was not like himself nor altogether worthy of him."

His object in forbidding copies to be dispersed was partly no doubt because he wished the first copy to go to the King, and partly to prevent the circulation of imperfect reports. He meant to report it himself; and the expediency of the precaution will be understood by any one who will compare the speech as printed by Rawley in the Resuscitatio with a report preserved among the Harleian MSS.3

1 G. Garrard to Sir D. Carleton, 9 May 1617. S. P. Dom. James I. vol. xcii. no. 15. 2 Id. ibid. no. 18. 3 Vol. 1576. f. 86.

which bears sufficient internal evidence of having been taken down by an intelligent ear-witness, who wrote down what he could, but could not keep up with the speaker. This appears from the large gaps which occur now and then, and more frequently as the speech proceeds, compared with the fullness and general accuracy of the report in the first few sentences which succeed each gap. The writer had evidently given up the rest of his arrear in despair, and taken a fresh start. A report of this kind has however a certain value in the absence of a more perfect one taken by a short-hand writer. For there need be no doubt that whatever is set down is what the writer heard, or thought he heard, spoken; whereas the fuller copy may have been-and probably was-drawn up by Bacon himself only from recollection of what he had said. To know the words which were actually spoken may sometimes be of importance. But to know what Bacon meant to say, and wished to go forth as what he did say, on this occasion, is for most purposes quite enough. And for this the copy printed by Rawley, who had access to all his papers, compared with a contemporary manuscript sent to Carleton by Edward Sherburn, now one of Bacon's secretaries, may (with some allowance for a few clerical errors) be fairly trusted.

THE EFFECT OF THAT WHICH WAS SPOKEN BY THE LORD KEEPER OF THE GREAT SEAL OF ENGLAND, AT THE TAKING OF HIS PLACE IN CHANCERY, IN PERFORMANCE OF THE CHARGE HIS MAJESTY HAD GIVEN HIM WHEN HE RECEIVED THE SEAL.2

Before I enter into the business of the court, I shall take advantage of so many honourable witnesses to publish and make known summarily, what charge the King's most excellent Majesty gave me when I received the seal, and what orders and resolutions myself have taken in conformity unto that charge; that the King may have the honour of direction, and I the part of obedience; whereby your Lordships and the rest of the presence shall see the whole time of my sitting in Chancery3

1 He had been taken into his service on the 12th of March. See S. P. Dom. James I. vol. xc. no. 117.

2 Rawley's Resuscitatio, p. 79. Copy by Edward Sherburn. (S.) made in the Chancery, the first day 3 the Chancery. R.

(R.) S. P. Dom. James I. vol. xcii. no. 13. Docketed, "The effect of my L. Keeper's speech of the term, being the 7th of May 1617.”

(which may be longer or shorter, as it shall please God and the King1) contracted into one hour. And this I do for three

causes.

First, to give account to the King of his commandment.

Secondly, that it may be a guard and custody to myself and my own doings, that I do not swerve or recede from any thing that I have professed in so good company.

And thirdly, that all men that have to do with the Chancery or the Scal, may know what they shall expect, and both set their hearts and my ears at rest; not moving me in any thing against these rules; knowing that my answer is now turned from a nolumus into a non possumus. It is no more 'I will not' but

'I cannot' after this declaration.

And this I do also under three cautions.

This first is, that there be some things of a more secret and council-like nature, which are rather to be acted than published; but these things which I shall speak of to-day are of a more public nature.

The second is, that I will not trouble this presence with every particular, which would be too long; but select those things which are of greatest efficacy, and conduce most ad summas rerum; leaving many other particulars to be set down in a public table, according to the good example of my last predecessor in his beginnings.

And lastly, that these imperatives, which I have made but to myself and my times, be without prejudice to the authority of the court, or to wiser men that may succeed me; and chiefly that they are wholly submitted unto the great wisdom of my sovereign (the absolutest prince in judicature that hath been in the Christian world); for if any of these things which I intend to be subordinate to his directions, shall be thought by his Majesty to be inordinate, I shall be most ready to reform them. These things are but tanquam album prætoris; for so did the Roman prætors (which have the greatest affinity with the jurisdiction of the Chancellor here), who used to set down at their entrance how they would use their jurisdiction. And this I shall do, my Lords, in verbis masculis; no flourishing or painted words, but such words as are fit to go before deeds.

So R. S. omits the clause within the parenthesis.

2 noble. R.