6.

Parliament met again, according to appointment, on the 18th of November; and the Commons, having heard the King's speech and received a written answer to their petition of Grievances-an answer quite in accordance with the King's previous promise, and in which if there was anything unconstitutional, all the recognised constitutional authorities (Coke included) were as much implicated as the King-addressed themselves at once to the business of the Union.

The "Instrument of Union" (agreed upon by the Commissioners in December 1604) having been laid before the House and read on the 21st; and a Committee, of which Bacon was a member, having been appointed on the 24th to hear and report what the Lords had to propound; the question on receiving the report was, how to proceed. Upon which question Bacon made a speech; of which there remains, in the hand I think of Sir Robert Cotton, the following sufficiently intelligible note.

[SPEECH OF] SIR FRANCIS BACON, Nov. 25, 1606.2

Lest silence now in any particular should be noted, as it hath been already in general, I will in this cause give some brief though pertinent advice.

That this should not be spoken of in the mass (as it hath been called before) I think we all hold necessary. For so perchance Plebs amittet quod vult, the people shall want what they desire, and have put upon them what they would not: which was well provided for in Rome lege Cecilia, in ordaining that Rogationes should be simplices: and it was a grave custom even in that Senate that any member might say Postulo quod dividatur relatio. A second reason of partition is expedition: for if we speak in general, it will be temptation to lead men to ingratiate themseves, sometimes for favour, often for fame, both vices; and to speak as orators only, and not as lawmakers. A third reason, because it is good for caution, to escape traducing; for being an adversary to a part one may be taxed so of the whole.

1 A memorial of such resolutions as his M. hath taken with the advice of his Privy Council, assisted with the two Chief Justices, the Lord Chief Baron, and his Majesty's Counsel at Law, upon examination of those grievances which were presented to his M. by the Lower House of Parliament, at the last session; wherein there hath not only been a just consideration how all those grants from whence these grievances are supposed to arise are warranted by the laws of the realm, but a due examination of all such inconveniences as do or may fall out in the execution of the same."-C. J. p. 316.

2 Harl. MSS. 6842, fo. 5; 6850, f. 55.

3 debet in MS.

The thing divides itself into three parts: 1. laws of Hostility; 2. Commerce; 3. Naturalizing. These are of greatest consequence. Of the two first, the one included in streams of water, the other of blood; and the third of both: non in aqua tantum, sed in aqua et sanguine. It was prettily and pithily said in my mind, if children, why tribute? if tribute, why are we called children?

Whether it be to be carried severally in the houses, or by conference? I incline to the latter because it is a matter of state, a matter of future providence, and not of present feeling. Our state is good now, and therefore to see what it may be, let us take help of those who sitting upon the higher ground by such advantage have the further prospect to see more. Conference is also suitable to our beginning. So was the proposition of the Name, the act of Commission, and the meeting of the Commissioners; and by Conference the Continuance was renewed by act. And besides, if the Lords proceed alone by a Bill, they will rest more inflexible from their first resolutions. If then Conference, the question is where to begin. Dies diem docet. Imitate yourselves in the last great bill of Recusants (provided always it be not so long). That was to make one Church, this to make one Nation. Then we made a selected Committee to prepare: so did the Lords: and our labours fell all out with that consent, that when the King's letter came from Royston, it made a unison; and therefore I wish this should have the like course.

The immediate resolution of the House was not exactly in accordance with this recommendation. They resolved not only to distribute the subject into branches, but to divide the branches between the two houses: proposing to leave matters concerning Naturalization and the Borders to the Lords, and reserve to themselves matters concerning Commerce and Hostility. This proposal being however declined by the Lords, and on reconsideration immediately withdrawn, the ultimate conclusion was according to Bacon's suggestion. The two Houses were to meet and confer upon the whole question; and for this conference the former Committee, with some new members added, was instructed (29 Nov.) to prepare.

The Committee began with the hostile laws: in which they met with no material difficulty, until they came across the point of Escuage: which being "a kind of Knight's service, called service of

the shield, whereby the tenant holding was bound to follow his Lord into the Scottish or Welch wars at his own charge," a question was raised whether this should not now cease; no such wars being any longer possible. The difficulty, I suppose, lay in this,-that Escuage was one of "the flowers of the Crown," closely allied to Wardship, and did actually perhaps give a right of wardship in the case of such tenants: and it was considerable enough to suggest the expediency of a special conference upon it with the Lords. What part Bacon had taken on it in the Committee the notes in the Journals are not full enough to explain :3 but the House had so much confidence in him as a representative, that he was selected, along with the Attorney, the Solicitor, and the Recorder, "to propound and maintain argument at the Conference," and though he asked to be excused, as being unprepared, he was nevertheless ordered to stand.4 In the mean time however another division of the Committee had been discussing the article of Commerce, which presented more formidable difficulties; and had not been able to come to any conclusion. On this point their reporter declared (9 December) that he had "nothing to report but confusion and disorder." At a subsequent conference on the subject with the Lords (17 Dec.) some sharp speeches passed, and the merchants of London having set down in writing their reasons against community of trade with the Scots, "were roundly shaken up by the Lord Chancellor." And as it was now close upon Christmas, the houses were adjourned on the 18th, and further proceeding postponed till after the recess.6

Time, which is the best medicine for some kinds of discontent, aggravates others by giving the discontented more opportunities of talking them over and knowing one another's minds. And when the house met again on the 10th of February, these minor arrangements, bearing upon the relations of two separate nations under the same crown, were set aside for awhile to make room for a protest against the project for making those two nations one; towards which the first step was a general naturalization.

1 Cowell's Interpreter.

2 "The most and best part that spake " (writes Sir T. Wilson in a note dated 4 Dec. 1606) was for the remaining of escuage: but the generalest applause was upon them that would have it taken away." (Dom. James I.) It appears from the same note that Salisbury was suspected of secretly furthering the dispute, as a step towards the extinction of Wardship, which he wished to be the glory of his own administration.

3 In the House (according to Wilson's note above-quoted) he put in a word for Wardship, on the authority of the Greek philosophers in their imaginary commonwealths.

4 13 Dec. 1606. C. J. p. 330, 1010.

5 Carleton to Chamberlain, 18 Dec. 1606. Dom. James 1.

6 C. J. p. 331.

VOL. III.

X

The Commissioners of Union appointed in 1601 had agreed to recommend the passing of two acts; one for the Post-nati, the other for the Ante-nati: For the Post-nati, an act declaring "that all the subjects of both the realms born since the decease of Elizabeth ... and that shall be born hereafter. . . are by the common law of both realms, and shall be for ever, enabled to obtain, succeed, inherit, and possess all lands, goods, chattels, honours, dignities, offices, liberties, privileges and benefices, ecclesiastical or civil, in Parliament and all other places of the said Kingdoms, and in every one of the same, in all respects and without any exception whatever, as fully and amply as the subjects of either realm respectively might have done or may do in any sort within the Kingdom where they were born:" For the Ante-nati, a new law, enacting "That all the subjects of both realms, born before the decease of the late Queen, may be enabled and made capable to acquire purchase inherit succeed use and dispose of all lands, inheritances, goods, offices, dignities, liberties, privileges, immunities, benefices, and preferments whatsoever, each subject in either kingdom with the same freedom and as lawfully and peaceably as the very native and natural born subjects of either realm, where the said rights states and profits are established; notwithstanding whatsoever law statute or former constitution heretofore in force to the contrary: other than to acquire possess succeed or inherit any office of the Crown, office of Judicature, or any voice place or office in Parliament: all which to remain still free from being claimed, held or engaged by the subjects of the one kingdom within the other, born before the decease aforesaid . . . until there be such a perfect and full accomplishment of the Union as is mutually desired by both realms;" it being nevertheless understood that the proposed act was not to interfere with the prerogative of the Crown" to denizate, enable, and prefer to such offices, etc., all English and Scottish subjects born before the decease of the late Queen as freely, as sovereignly and absolutely, as any his M. royal progenitors Kings of England and Scotland might have done at any time heretofore."

The meditations of the recess had conjured up a host of terrors at the prospect of thus opening the gate and letting the lean kine into the fat pasture. And those who had been so little alarmed by the proposition during the first week after it was laid before them, that they desired to leave it entirely to the consideration of the other nouse, were now disposed to set all the rest aside and make their special stand upon this. The feeling broke out first on the 13th of February, in a vehement invective from the member for Bucks against Scotland and Scotchmen in general; which, though received" with 1 C. J. p. 323.

1

a general amazement," was allowed at the time to pass without reply or remark. Next day "the article of the Instrument concerning Naturalization was read" in the House by the Speaker; and the debate opened with a speech against it from Nicholas Fuiler, who seems to have been recognized as leader of the opposition, in so far as that office can be said to have been recognized in those days; in which the apprehensions that so readily suggest themselves to Englishmen when invited to alter anything found fluent and forcible utterance. England, it seems, was already full to overflowing in all her departments: there was no room for a Scotchman anywhere. The universities had more men who deserved preferment than could find it. London was so pestered with new buildings, that they had a bill then before the House to restrain them. The merchants had made no profit for three years past. Trades were all overstocked. And so forth. His argument appears to have occupied the whole day, and it was not till the 17th' that it received a reply; when Bacon delivered a speech, of which he was afterwards at the pains to set down a full report: and of which the text is here taken from two independent manuscripts, both having corrections in his own hand.

It was first printed in 1641, along with two other speeches relating to the Union; and afterwards in the Resuscitatio. But the manuscripts are the best authority.3

A SPEECH USED BY SIR FRANCIS BACON, IN THE LOWER HOUSE OF PARLIAMENT, CONCERNING THE ARTICLE OF NATURALIZATION. 5

It may please you (Mr. Speaker) preface I will use none, but put myself upon your good opinions, to which I have been accustomed beyond my deservings; neither will I hold you in suspense what way I will choose, but now at the first declare myself, that I mean to counsel the house to naturalize this nation: wherein nevertheless I have a request to make unto you, which

1 The 15th was a Sunday, and the 16th was spent in discussing a motion for the censure of the Member for Bucks for his speech on the 13th: which resulted in his expulsion from the House.

"Three speeches of the Right Honourable Sir Francis Bacon, Knight, . . . concerning Post-nati, Naturalization of the Scotch in England, Union of the Laws of England and Scotland. Published by the author's copy, and licensed by authority. London: 1601."

3 The King's MS. (which I have called R) is a fair copy, revised and corrected by Bacon himself; but the Harleian (which I have called H) has corrections which must have been made subsequently.

King's MSS. 17 A. 56, fo. 62 (K); Harl. MSS. 6797, fo. 93 (H); Ib. fo. 182 (HI 2): Rawley's Resuscitatio.' (R.)

5 Naturalization of the Scots, 5° Jacobi: H 2; the General Naturalization of the Scottish Nation: R.