The Lord Cecyll produced a project1 from the King.

That it was not his meaning to take the name upon him, if the state could not be secured.

Maluit non dimicare quam non vincere.

Great magnanimity and policy to have the name.

Great moderation and justice to leave it.

2

At length, from confutation, the Lords fell into a commendation of their loyalty, their liberty, their gravity, their carriage, &c.

The matter of the name to be left.

The matter of naming the Commissioners to be proceeded in notwithstanding.

They shall hear from the Lords before any further proceeding.3

This concession removed the difficulty. The choice of Commissioners and the terms of the commission entailed of course a good deal of deliberation, and several conferences between the Houses; but no important disagreement. And the nature of the proceedings which followed will be sufficiently indicated by the notes of Bacon's successive reports, which I give in order, with the date of each.

1 May.

Sir Francis Bacon reported the Conference with the Lords. The Lord Chancellor made the overture, which had three parts:

1. Repetition of the proceedings of the King.

2. Report of the opinion of the Judges.

3. A brief proposition, what was to be done.

1. His Majesty had thrice propounded this motion in Parliament; twice in open Parliament; never propounding the name definitively, but conditionally.

There had not been only a fail in reason, but in point of honour, if there had been contradiction either tacitè or implicitè. 2. The Judges' opinions.

1 So in the Journals: but Carleton is undoubtedly correct in calling it "an explanation of the King's former project." There is a copy of it among the State Papers written entirely in Cecil's own hand, which is probably the draft; but whether of Cecil's own composition or written from the King's dictation, seems doubtful.

2 In the Journals, from which this is transcribed, the word is consultation. But in the notes (p. 961) from which the Journals have been compiled the words are, "their confutation into a commendation," etc.: which I have little doubt is right. 3 C. J. p. 193 (30 April).

The name, a thing left, and no more to be spoken on. He propounded six articles touching the Commission and naming of Commissioners: viz.

1. The number and naming to be left to ourselves.

2. The return to be made, upon prorogation, to the same body. 3. The Commissioners to treat and consult only, not to determine.

4. The tenor of the Commission to be plain and general.

5. To be digested, and made ripe to be framed into an Act, by a sub-committee of both Houses, to that purpose to be selected. 6. That there may be another Conference for these purposes. Conclus. Principia actionum tantum sunt in nostra potestate. -The Lords, stars of influence, stars of brightness.

Mr. Secretary Herbert sent to the Lords with message that they will be ready to confer according to their Lordships' motion at the late Conference.1

2 May.

Report made by Sir Francis Bacon of the Conference yesterday.

Some things agreed:

Some only moved.

1. Whether a commission should go forth :-Admitted.

2. Whether a compounded nomination of Commissioners, or a separate-agreed to be severally named.

3. The number to be competent; neither over great nor over small.

Touching the quality of the persons; to be a mixture of Common Lawyers, Civilians, Men of State, Merchants, &c.

The Commission first to be agreed on, and then Commissioners. The Commission to begin the first of October.

The place, London, Westminster, Camera depicta.

The return to be made to the next Session of this Parliament. Four things to be inserted in the Act:

1. Acknowledgment of God's providence, and great blessing, in the Union already made.

2. The Cause; contrariety and disconcurrence of some particular laws in the several kingdoms.

3. Recital of his Majesty's faithful promise, not to alter the laws.

4. Proviso, that Scotland shall make a cession.

Exception to words, &c.

Expedition in framing of a bill. To that purpose six of this House, four of that House, with Judges assistants to be named.1 9 May.

For the Conference touching the Union, he said the time was wholly spent in considering of instructions for the Bill to enable Commissioners, &c.

They considered of the preface:

The body.

Agreed to name the Commisioners before the Bill be drawn: for it cannot be perfect before the Commissioners be named.

Urged, that the instructions for the Bill were directed to be delivered in writing and not verbally.

Excused by the reporter that he heard of no such direction, neither had he any commission from the House.2

On the 12th of May Bacon delivered in "a draft of the act for the authorising of Commissioners," etc. (which I suppose had been approved by the Committee of the Commons), " with excuse that he did not obtrude it the last day, without some speech beforehand,"3

etc.

Of this draft nothing more is said in the Journals: but as I find one in the State Paper Office answering the description, written in a hand employed by Bacon himself on other occasions, and differing very much from the act which was ultimately passed, I presume that it is the one in question, and probably of his own composition. There are two or three drafts of Proclamations, etc., preserved by himself in his collection of Orationes, Acta, Instrumenta, and described as "prepared but not used;" and though this is not among them, I take it to be one of the same kind.4

AN ACT FOR THE BETTER GROUNDING OF A FURTHER UNION TO ENSUE BETWEEN THE KINGDOMS OF ENGLAND AND SCOT

LAND.

Most gracious Sovereign: We your Lords Spiritual and temporal and Commons in this present Parliament assembled do most 1 C. J. p. 196. 4 It is docketed (but in another hand and apparently at a later time, and certainly by mistake), "The Speaker's speech to the King declaring consent of Com"."

2 Ib. p. 204.

3 Ib. p. 208.

thankfully acknowledge that it is the great and blessed work of Almighty God that these two ancient famous and mighty kingdoms of England and Scotland, which have been so many ages united in continent and language, but separated in sovereignty and allegiance, are now grown to an union in your Majesty's royal person, most lawfully and most happily holding and enjoying both the same kingdoms by undoubted title in most quiet and peaceable possession, and in a most flourishing estate; and it seemeth unto us most manifest now after the event is come to pass, that God, unto whom all his works are from the beginning known, did by his divine providence long ago and from time to time prepare a way unto this excellent work, first by the longcontinued peace and amity now for many years last past between both the nations; secondly, by knitting them both in God's true religion, which is the perfectest bond of all unity and union; thirdly by a commixture of the most noble bloods of the line royal of both the kingdoms so often redoubled and renewed in your Majesty's excellent person; and fourthly by the equal and indifferent terms and motives of affection which the same providence of God doth necessarily draw your Majesty to hold between both the nations; having ordained that your Majesty's birth and the passing of the first part of your age should be in the one kingdom, and your Majesty's principal seat and mansion and the passing of the latter part of your age should be in the other. We do acknowledge likewise in most humble manner that it is in your Majesty a most royal and virtuous desire and full of magnanimity wisdom and goodness, that as your Majesty is now become lapis angularis of both kingdoms, and that the partition wall is now taken away and the vail rent, so your princely desire is to second this blessed work of God, and to build upon the foundation which he hath laid, and to conjoin and consolidate these two kingdoms more and more, as far as may stand with the weal and good estate of them both. Wherefore your Majesty having now in your singular wisdom moderation and loving course held towards us clearly delivered us from all shadows and fears by your most gracious declaration, often published iterated and explained unto us, that your Majesty hath no intention to alter change or diminish our fundamental laws liberties and grounds of government, but that your princely purpose is to remove and extirpate all seeds of discord between

both the nations, and to remedy and accommodate such points of incongruity and disconvenience as the several laws and customs of both kingdoms, which were fit and reasonable in the policy of the kingdoms when they stood divided, but are now become utterly unproper impossible and absurd, may bring forth, and1 generally to reduce your subjects in both realms to a perpetual conformity and agreement, to the furtherance of your Majesty's obedience and their own weal and good estate: And your Majesty having also given unto us a pledge of this your most gracious intention by your princely suspension and forbearance to require of us any present act for alteration of your Majesty's royal style and name, upon the discovery of the perils that might ensue thereupon unto the state of this kingdom, for the which your Majesty's most gracious benignity we do yield unto you our most humble and affectionate thanks: It is therefore (most gracious Sovereign) all our hearts' desire, not only for the giving satisfaction to your Majesty, which we esteem more than our own lives, but also in discharge of our duties unto the state of this kingdom which we represent, and accordingly it is our most humble petition unto your Majesty, that it may be enacted by the authority of this present Parliament, and be it enacted by the same authority, that there be chosen and nominated in this present Parliament by both the houses of Parliament respectively, a number of selected Commissioners who may convene and join with selected Commissioners to be chosen and appointed by the realm of Scotland, and thereupon consult and treat of all questions propositions and considerations whatsoever, which may tend or pertain to the more indissoluble and perfect union conjunction agreement and mutual comfort and good of both kingdoms; without any authority nevertheless to conclude otherwise than as amongst themselves upon any point, but that the report and return of the propositions articles treaties and other the labours of the said Commissioners be made and exhibited to the present Parliament, for that purpose to be prorogued and not dissolved, that thereupon such resolutions and ordinances may be taken and enacted as may stand with the joint and several good of both kingdoms, and that to the purpose aforesaid Commission be awarded under the great seal of England unto the persons hereafter specified, authorising them to proceed according to the tenour and true meaning of this act.2

1 The MS has " and may bring forth generally," etc.

2 S. P. Dom. James I. vol. viii. no. 5.