brought in "for the continuance and preservation of the blessed. union of the Realms of England and Scotland, and for the abolishing and taking away of all hostile laws, statutes, and customs that might tend to disturb or hinder the same:" the handling of which bill in the Committee to which it was referred on the second reading, (as described at the time by Sir Thomas Wilson for the information I suppose of Salisbury),-will give the best idea of the difficulties which any large measure would have had to encounter in the Lower House; and sufficiently explain why no more could be attempted in the present session.

8 May

There hath been such ado this afternoon at the Committee, that it was never more truly verified that which heretofore was alleged in the like case-Via non volentis est in sepi spinarum.

The first difficulty arose about taking the chair. Mr. Solicitor and Sir Fr. Bacon being nominated were reclaimed by the populars, it being secretly alleged amongst them that their hands were in penning the bill: and by those therefore Mr. Fuller was named; yet in some doubtfulness of the voices of the callers out of either side, Sir Fr. B. took the chair.

The next question was whether they should begin with the title or the bill itself; it being alleged that it were to make a monster of it to make the body before the face, and therefore the title to be first agreed upon before the bill were framed; but that was wittily answered by Mr. Martin, that then the maker of the world and of all things therein made none but monsters, who made things first and then brought them to Adam to be named. It was further answered by Mr. Attorney, that in ancient times bills and laws were made without titles, whereof he alleged precedents; so it was fain to be decided by a question, with whether they should begin, and by cunning mistaking of the question the title was first dealt withal.

Then fell they to mincing every word both in the title and the preamble.

The first exception was to the words "continuance and preservation of the Union;" which they said seemed to presuppose an union already made, to which they would not in any wise assent; no nor to any naming of the Union at all in the title. So, after much debating, the title was propounded to be thus," An Act for the abolishing of all hostile laws betwixt England and Scotland." Some would have the word 'all' taken out, and 'certain' or 'sundry' put in. But that was answered would imply that there were some remaining yet untaken away: which would not do well: and so at last it was concluded that those words 'all,' ' certain,' 'sundry,' etc. should all be left out; and so much of the title pass as before; and so it was set down.

The next exception was to the word 'Customs,' it being alleged that the custom was in the borders in regard of hostility between England and

Scotland, to the end they might be the better peopled, that every man's land and goods should be equally divided amongst his children; which custom if it should be taken away, it would alter the whole state of inheritance; and many other inconveniences. So it was agreed that the word Customs' should be left out or deferred till after the bill were formed, and then to be used or left as occasion should be found requisite. And it might be the better left out because it was not named in the Bill, but only in the title, as was alleged by Sir R. Owen.

Then was there a bone cast in about Escuage, that hostile laws being taken away, whether that should not be thought of: but that was offered only by my L. Treasurer's man, Mr. Bowyer, for others to take hold of, but neither he nor any other apprehended it or prosecuted it.

Thus much and much more passed about the title, and so they went to the preamble.

The first that spoke to that was Sir Roger Owen, who said that the first line of the preamble was to follow the course of the title: for if there the words 'preservation of the Union' were to be left out, then the like was to be done here, and instead of 'preservation' he would have a word put in (near unto it in sound) that should be preparation.'

For the words 'establishment of the Union' they would have 'furtherance and advancement' put in.

And instead of that long preamble some would have only these words used—“that for the good and weal of both kingdoms, be it enacted,' etc. It seemed they thought the word 'Union' a spirit, for they shunned the very shadow and the name of it: until Mr. Attorney, seconded by Sir Francis Bacon, showed them that in two former acts the words 'of union made and kingdoms united,' that were propounded now, had been used, and therefore if we should now refuse the name we should seem to go backward in our affection, which we cannot do without disreputation. So with much contestation pro and con, they made at last a contraction of the fair and well composed large preamble into these few words, viz. The words of the preamble as now it is set down

"For the honour, weal, and good of these two mighty famous and ancient kingdoms, and for the furtherance of the happy Union already begun in his Matys royal person, be it enacted," etc.

And this Sir Francis Bacon had much ado to get assented unto, and it went so hard that it was fain to be decided by voices, and the question being first made, that all that liked it should pass thus should say, Yea, the Noes (being the later) carried the lesser sound; and so it is set down as before.

Then went they to the body of the Bill; the first being the passage out of England into Scotland, wherein there was such debate that it was fain to be left to the House till to-morrow. Sir Mau. Barklay upon this point offered a new bill for the taking away of all the laws of restraint in Rich. 2 his time, as was agreed at the Conference about that matter, but it was not accepted of to be read there until it had been first offered to the House.

Divers other matters passed which time serves not now to report; but it will be fitter and better to-morrow after the report in the House of this afternoon's work.'

It was not till the 30th of June that this Bill was finally passed by both Houses: several questions having been raised which led to much dispute, especially concerning the provision to be made for the trial of offenders on either side of the border: but though Bacon had a good deal to do with them both as reporter and actor in the subsequent proceedings,2 I do not find any record of the part he took personally on the points disputed. I shall only add therefore that the act was settled at last to the general satisfaction of both houses, and took its place in the Statute-book-the principal fruit of the long session.

10.

The esteem in which Bacon was held as a reporter of other men's speeches is so well established by the continual demands upon him for that service, and yet is perfection in the art is so poorly represented in the notes which remain, and of which for want of better I have been obliged to give so many specimens,-that a really good report of one of these performances at full length is worth studying: and with one such this session supplies us.

On the 17th of June, we read in the Commons' Journals, that

"Sir Francis Bacon maketh report of the Conference with the Lords on Monday last, as well touching the doubts and questions of the Bill for the abolition of all memory of hostility, etc. as the petition of the merchants for redress of Spanish wrongs, etc.

"Wherein, by the way, he said that divers precedents were produced, proving that upon the petition of the Commons such wrongs had been redressed.

"That it was conceived and uttered by the Lords, that if the Commons were at any time made acquainted with such causes, it was with one of these two purposes: that either they should make some declaration of their affections, or else minister aid of money, the sinews of war."3

This is all, and upon comparing it with the original notes (p. 1053) nothing more can be extracted that is intelligible. The occasion however was important enough to induce Bacon himself to set down and preserve among his own writings a full report of what he said: and we are thus enabled to form some conjecture of the relation which the notes of such speeches bear to the speeches themselves.

1 Domestic, James I. vol. xxi. no. 17. 3 C. J. p. 381.

2 May 28; June 4, 11, 12, 15.

The importance of the matter, as a thing worth placing on record, lay in this: It represented the attitude taken by the Government upon a motion proceeding from the House of Commons and relating to negotiations with foreign powers: a motion symptomatic of a change in the constitution, which to a thoughful observer, being at once a member of Parliament and a servant of the Crown, must have been very interesting. That the Commons, as they found their strength, should advance their pretensions, was inevitable; but the mode, the direction, the extent, and the spirit, in which those pretensions should be asserted, would depend upon the entertainment of the first approaches. The particular case, though likely to rouse popular passion to the height-for the offenders were Spaniards, and the offence complained of was injustice and cruelty of the most atrocious kind-was not one upon which the people were at all at variance with the Government. Since the treaty with Spain was concluded, Spanish officers had not only stopped and searched English merchant ships on suspicion of containing contraband goods; but had in some cases conducted the inquisition, after the example of their own higher powers, by help of torture. Remonstrances had been made by the Government, and civil answers had been received; but two years had passed, or thereabouts, without bringing any redress. Now in the time of Henry V., on an occasion more or less analogous, a statute had been passed authorizing the issue of "letters of Marque" to the parties aggrieved, on the strength of which they might make reprisals and the merchants now resolved to petition Parliament that they might have "letters of mart granted them, to the value of their loss," under the authority of that statute.

Their petition was addressed "to the King's most excellent Majesty, the Lords Spiritual and Temporal, and the rest of this honourable Court;" and being laid before the House of Commons, was referred to a Committee, (28 Feb. 1606-7): upon whose report (13 May), a message was sent to the Lords "for a conference touching joining in petition to his Majesty for redress of Spanish wrongs," and "expressing the desire of the House to that purpose." On the 15th of June the Lords proposed that the conference should take place the same afternoon, with the Committee already appointed to confer on the bill for abolition of hostile laws; which was agreed to: and the result was reported to the House by Bacon on the 17th in the following speech,-as set down by himself.

116 May, 1607. C. J. p. 374.

A REPORT MADE BY SIR FRANCIS BACON, KNIGHT, IN THE HOUSE OF COMMONS, IN PARLIAMENT, OF A SPEECH DELIVERED BY THE EARL OF SALISBURY AND ANOTHER SPEECH DELIVERED BY THE EARL OF NORTHAMPTON, AT A CONFERENCE CONCERNING THE PETITION OF THE MERCHANTS UFON THE SPANISH GRIEVANCES. PARLIAMENT 5° JACOBI.1

And it please you (Mr. Speaker,) I do not find myself any ways bound to report that which passed at the last conference touching the Spanish grievances having been neither employed to speak nor appointed to report in that cause. But because it is put upon me by a silent expectation, grounded upon nothing (that I know) more than that I was observed diligently to take notes; I am content (if that provision that I made for mine own remembrance may serve this house for a report) not to deny you that sheaf that I have in haste bound up. It is true, that one of his Majesty's principal counsellors in causes of estate did use a speech that contained a world of matter; but how I shail be able to make a globe of that world, therein I fear mine own strength.

His Lordship took the occasion of this which I shall now report, upon the answer which was by us made to the amendments propounded upon the bill of hostile laws; quitting that business with these few words, that he would discharge our expectation of reply, because their Lordships had no warrant to dispute. Then continuing his speech he fell into this other cause, and said, that being now to make answer to a proposition of ours, as we had done to one of theirs, he wished it could be passed over with like brevity. But he did foresee his way, that it would prove not only long, but likewise hard to find, and hard to keep; this cause being so to be carried, as above all no wrong be done to the King's sovereignty and authority, and in second place no misunderstanding do ensue between the two houses. And therefore that he hoped his words should receive a benign interpretation, knowing well that pursuit and drift of speech, and multitude of matter, might breed words to pass from him beyond the compass of his intention; and therefore he placed more assurance and caution in the innocency of his own

1 Harl. MSS. 6797, fo. 162, a copy corrected by Bacon himself.