sants; the names of which Sub-committee have not been recorded. On the 3rd of February, while the proposed articles were still under discussion in the House, the Lords, who had a measure of their own for the same purpose under consideration, sent to desire a conference; which was agreed to, and appointed for the 6th. The report of this conference was made by Doderidge on the 7th. Each House had drawn up articles, which being read on both sides showed "a great agreement." Each was to send a copy of its own articles to the other; and a sub-committee of both houses was appointed, or recommended, "to draw things into form."2 When he had finished his report, Bacon, either feeling that he had left unsaid something important, or desiring to draw attention away from an injudicious hint about supply with which it seems that Salisbury (whose statesmanship was always rather near-sighted) had concluded his speech at the Conference, rose, and referring to the King's "meditation" upon the articles offered by the Lords, explained more fully the course which it was proposed to hold with the different classes of Papists. 3 But for what he said we must be content with the following notes: being all we have from which to conjecture it. Sir Francis Bacon, with a repetition of that which Mr. Solicitor reported:-A glance in my Lord Salisbury's speech that the Church must needs receive some storm if the Commonwealth be not relieved. The articles read. The Lords propounded more strict articles than did arise from this house. The King's meditation touching these articles. The ground-In repressing of Heresies in spiritual causes, the sting of the law to the Heresy. Three sorts: 1. Papists, old, rooted, and rotten. 2. Novelists, the greatest danger. 3. The youth, the future tense of the Papists. 1. Like Queen Mary's Priests, small hope to reclaim them.Rather superstitious than seditious. To be disarmed :-No place of magistracy:-Left to the old laws. 2 Ib. p. 265. 1 C. J. 25 Jan. p. 260. 3"It were not fit they should long stay, but think opportunely of that which subjects use to do: A gratification from the subject to the Sovereign." This, I suppose, was the "other matter of importance " of which Salisbury had been commissioned to make overture. See Lords' Journals: Feb. 3 and 6. 2. Apostates, most malignant:-To be sifted by oaths before and after:-Law of Reconcilement to extend in other countries, as well as in England.-Not use the words "beyond seas." 3. Take care of marriages and christenings:- Nip them in bud. The beginning of procreation the acting. Priests in hold to be banished within a time.— After that, the law to be executed with all severity. After this, several other conferences were held between the two Houses, but all we hear further of Bacon in the matter is that on the 17th of February he and Doderidge were appointed to consult upon it "and to prepare themselves for conference;" and that on the 5th of March he was put upon a Committee to draw the Bill. In the end, the articles agreed upon were digested into two separate Acts, an Act "for the better discovering and repressing of Popish Recusants," (of which the main object was to provide means of obliging all suspected persons to take the oaths of supremacy and allegiance) and an Act "to prevent and avoid dangers which may grow by Popish Recusants," which aimed at limiting their means of action, and did undoubtedly impose many uncomfortable and vexatious restraints and taxes upon persons whose religious opinions and sympathies exposed them to suspicion of disloyalty, even where they were ready to give the required pledges of political obedience. It is not strange that at such a time public safety seemed to require such measures; and the indulgence which has been claimed for the act of indiscriminate murder attempted by the weaker party, on the ground that the grievance from which they hoped thereby to deliver themselves was "one which nobler hearts alone can feel,"—namely, that "they were prohibited from worshipping God in the only way in which, as they believed, it was possible for Christian men to worship him at all," cannot justly be refused to the intolerant legislation of the stronger party,-who were as fully convinced that they were thereby discouraging people from worshipping God in a way in which, as they believed, he could not be worshipped without danger of everlasting fire. 8. A Committee "to consider of the fittest course to provide for the general planting of a Learned Ministry, and for the meeting with non-residence in ministers already placed," was appointed on the 22nd of January, and bore its fruit in a "bill for the better esta2 Gardiner, i. 253. 'C. J. p. 265. blishing of true Religion,"-brought in by Sir Edwin Sandys, (a man whose relation to the Bishops may be inferred from the fact that on the 2nd of November preceding his "books were burned in Paul's Church Yard by order of the High Commission") on the 8th of February. With the preparation of this Bill Bacon does not appear to have had anything to do; and it was not till it had been committed, reported with amendments, and (upon some dispute arising on the report) sent back to the Committee again, that he was called on to help in it. At that time (Feb. 24) it was thought advisable to strengthen the Committee by the addition of him and Sir Henry Hubbard. But this is all we know of his connexion with it, and it came to nothing. For though, after a delay of some weeks and a third commitment, it had a smooth passage through the Lower House and was sent up to the Lords on the 26th of March, it came back on the 20th of May with amendments to which the Commons could not agree. "Upon the question of commitment, not any voice with it. Upon the question of rejection, a great cry to cast it out." 113 Two or three other bills for the reform of the Church in this department were also passed and sent up by the Lower House, but with no better success: while, on the other hand, a Bill for the restraint of Excommunication, which had been passed in the House of Lords upon the recommendation of the King himself, found no favour in the House of Commons; but was "upon the question rejected with much distaste."4 What the particular points in dispute were we have no means of knowing; but it is easy to understand that an Act of Parliament framed for such an object could hardly have satisfied the House of Commons, without infringing upon the authority of the Bishops; and it is not likely that Bacon, cordially as he approved of the object, thought this the best way of pursuing it. For I find that in another proceeding which aimed at the same end by a different way, he took a more prominent part. The silencing of ministers, when unjustly or injudiciously enforced, was an abuse of authority: and, as in the case of other abuses, the orderly course was to begin with a petition for redress. Immediately after the resolution to grant a double Subsidy had passed, a motion was made for a Committee to consider of the grievances of the Commonwealth. When they were collected, the case of Deprived Ministers headed the list. Before putting it to the question, however, it was resolved, after a long debate, to desire a conference with the Lords upon this and other ecclesiastical grievances. And when asked by the Lords for a more particular statement of the points to p. 273. 1 Chamberlain to Carleton, 7 Nov. 1605. S. P. Dom. 2 C. J. be discussed, they resolved to distribute them under four heads: namely, 1st, touching the deprivation, suspension and silencing of ministers. 2nd, touching the multiplicity of ecclesiastical commissions. 3rd, touching the form of citations. 4th, touching Excoinmunication.1 Of these heads the charge of the first was assigned to Bacon; the Archbishop of Canterbury being deputed to speak to it on the part of the lords. And the following note contains what we know of the result.2 Sir Francis Bacon reporteth the conference in ecclesiastical causes. My Lord Archbishop's speech touching silenced ministers.— Two parts of the Archbishop's speech: A narrative of the proceeding against ministers. Answer to propositions.— Eleven books: A petition under hands.3 That ministers might be restored.-Precedent out of reformed Churches:-Subscription in all. A case forlorn, that Romish subtlety should underprop English formality. A protestation an exclusion of a conclusion:-A negative. Kneeling, like All-hail to Christ :-Cross, like broth at the Sacrament:-Surplice, like a coat with many patches:-Coat with four elbows. Conclusion:-Immedicabile vulnus:-Leave off connivance : fall to further execution. 4 From this it would seem that the ground on which the Archbishop justified the proceedings complained of, was that the Ministers in question had not been content with the negative liberty of holding their opinions undisturbed, but had thought it their duty to turn upon aggressors, to vilify the ordinances of the Church, and teach 1 C. J. p. 294. 2 It seems that there were two conferences, one on the 16th of April, when the Committees of the Commons were heard; the other when the Bishops gave their answer. "For Church matters" (writes Dudley Carleton, 17 April 1606) "there were four points very curiously and learnedly handled by four apostles of the Lower House-deprivation, citation, excommunication, and the authority of the High Commiss on; by Sir Francis Bacon, the Attorney of the Wards, the Recorder, and the Solicitor: on which the Bishops took time till this day for answer; and as there was then a general fast and prayer among the brethren in the town for good success in their affairs, so do they now hasten Good Friday the sooner, and are all at their devotions." S. P. Dom. The next day was Good Friday, and I suppose the answer was postponed till after the Easter recess. 3 So in the Journals: qu. 'heads'? 429 April, 1606. C. J. p. 302. their congregations to regard her appointed ceremonial with contempt. In which it is likely enough that he had a good deal to say for himself. Other Conferences followed-in which however I do not find any report of anything said by Bacon: and all ended in the verbal presentation by the Speaker to the King of two petitions--one concerning the execution of Jesuits, the other concerning deprived ministers. With what effect we do not know; the King's answer, though reported to the House, being left blank in the Journals. 9. The reason why the discussion and rejection of these ecclesiastical grievances passed so quietly I take to be, that the attention of the reformers was engrossed at the time by a grievance of another kind. It may be remembered that in the last session one of the grievances most complained of was Purveyance; and that the difficulty arose mainly from this: The complaint of the Commons was that the proceedings of the Purveyors were against law; their demand, that the law should be made effectual to suppress them: a concession for which the Crown could not justly claim any pecuniary compensation, because it was asked to give up nothing except what did not legally belong to it. The Lords on the other hand (following the lead probably of Salisbury) thought that by carrying the concession a little further, a case for compensation might be made. They proposed therefore (if I have put the fragments of information correctly together) that the Crown should give up altogether its claim to be supplied with provision for its progresses by the countries through which it passed, receiving in exchange on Parliamentary security an annual payment of 50,000l. But the proposal being taken into consideration by the Commons, so many difficulties were found in it, that they agreed to let the whole question sleep till the next session. Taking the case up where they had left it, their first resolution (24 January) was to seek no further conference with the Upper House, but to bring in a bill. A Bill was brought in accordingly, and (after a debate which seems to have turned chiefly upon the question whether they should compound or not) referred to a Committee; with instructions "to frame a form of a commission to be set down in the Act." But before it was brought back from the Committee, a message had been received which induced them to reconsider their resolution. The King, in thanking the House |