at full finger-speed; but as a proof of the temper of the intercourse between the two men is the better evidence on that account.

Sir,

To SIR M. HICKES.1

For your travel with all disadvantages, I will put it upon my account to travel twice so far upon any occasion of yours. But your wits seemed not travelled, but fresh; by your letter, which is to me an infallible argument of hearts-ease; which doeth so well with you, as I must entreat you to help me to some of the same. And therefore I will adjourn our conference to your return to the Strand on Monday; where I will find you, if it chance right. And this day would I have come to your Friery, but that I am commanded to attend the indictments at Westminster. And so, glad to perceive your good disposition, I remain

mons.

Parliament met on the 5th of November, according to the sumThe Commons, having read a few bills, and talked a little about the great deliverance, adjourned till the 9th; when they heard the King's account of the discovery of the plot, and were again adjourned to the 21st of January. Meditation upon the danger which the kingdom had so narrowly escaped had put them into a humour of great severity against the Papists, and warm personal affection for the King; and though the grievances which had been left unsettled in the last session were still to be dealt with, and not even allowed to sleep through this, they felt the danger of urging them so as to risk a rupture. Measures for security and for demonstration of internal harmony took precedence, leaving the questions upon which the two Houses could not agree in such a position that they could be postponed without obstructing the general business of government. An Act for public thanksgiving every year on the 5th of November passed at once and unanimously. A very unconstitutional motion for making a special retrospective law for the trial and punishment of the "miners," was opposed by the new Solicitor-General, now the principal representative of the Government in the Lower

1 Lansd. MSS. lxxxix. 76. Original: own hand. Docketed "17 Jan. 1605. Sir Fra. Bacon." But the last figure is not clearly written, and might be meant either for a 4 or a 9. The allusion to the "Indictments at Westminster," makes me think that 27 Jan. 1605, is the true date.

House, and negatived by the good sense of the majority. Measures "for the timely and severe proceeding against Jesuits, Seminaries, and other Popish Agents and Practisers, and for the preventing and suppressing of their plots and practices "—which was their first care -took more time, and led to many conferences, but met with no opposition. The appointment of 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," passed without remonstrance. Upon the question of Purveyance, in which a smooth passage could hardly be hoped for, they resolved to proceed not by conference or petition, but by bill : 1—a course which had the effect of postponing the critical period of the discussion; while, at the same time, they showed no disposition to keep back the question of supply, and make it wait upon the question of Grievances (though they intended, as will appear presently, that the two should go on together); but as early as the 10th of February agreed to grant a double Subsidy-with the full assent of all the independent members who spoke, and without any dispute, except upon the question (if I understand it correctly) whether the proposal should be referred to a Committee in the regular way, or passed "The Commons of the Lower House," writes the Earl of Shrewsbury, on the 12th, "are much more temperate than they were at the first Session; and now spend all their spirits and endeavours in devising laws tending to his Majesty's safety, and suppressing of the dangerous members of the state. I heard not any one transcendant speech uttered there as yet."2 It seemed, therefore, that the attempt to overthrow Protestantism had only issued in a suspension of those disputes and jealousies between the Commons and the Crown, in which its chief weakness and danger lay.

at once.

Bacon, though his name appears as usual in all the principal committees, and though he was occasionally employed to bring up a report or assist in managing a conference, does not appear to have taken a prominent part in the proceedings during this session. The Solicitor, the Recorder, the Attorney of the Wards, and the second Secretary of State, were all of the House: and in ordinary circumstances the leading part would naturally fall to one or other of them.

Nor did any difficulties arise, important enough to induce a departure from the ordinary course. In the matter of Papists and Recusants, the zeal of all parties on the side of severity needed no enforcing, and a voice in favour of gentler measures would not easily

IC. J. Jan. 24, p. 259.

2 Shrewsbury to Edmunds, 12 Feb. 1605-6.-Court and Times of K. Jas. I. i. 52.

have obtained a hearing. In granting liberal supplies without standing upon terms of bargain, the principal popular members concurred with the majority; and the few murmurs of dissent which were heard during the heat of the later debates might be safely left to be answered by the general vote on the question; and would be disposed of in that way more effectually than by argument. The question of the Union of the Kingdoms was postponed by common consent to the next session. With regard to grievances in general, Bacon approved of the course which the House was pursuing; which was, first to hear the counsel of parties interested, and then to proceed by way of petition to the King. And if in the particular grievance of Purveyance,- which was to be dealt with by a Bill and was in hot hands,-there was danger of their going faster and further than seemed prudent,—a sufficient remedy would be found in the obstructive power of the Upper House, which encountered the shock, and could count on the help of Sir Edward Coke in criticizing the legal bearings of the law they proposed to pass.

Of the part which he did take, I shall not be able to give a very intelligible account, as it must be drawn almost entirely from the notes in the Commons' Journals; which are rather more fragmentary than usual. But the real records (broken and obscure as they are) will at least help to exclude fanciful descriptions: and as it is my wish to collect all evidence that is authentic, I shall give them as I find them, and make them as intelligible as I can.

7.

The most convenient course will be to take the principal questions in the order of the dates at which Bacon became prominent in connexion with them.

The first appearance of his name in the Journals (otherwise than in mere Committee-lists) was on the 7th of February: when, after the Solicitor-general had reported to the House the first conference with the Lords on the Articles against Recusants, he followed with a supplementary report.

The appointment of a Committee to consider and report upon the course to be taken in this matter had been the first business of the House at its meeting on the 21st of January. Of this Committee. Bacon was a member; and took some part in the debate, though we do not know what.' Their first measure appears to have been the appointment of a sub-committee, to draw up articles against Recu

Sir E. Hoby to Sir T. Edmunds, 10 Feb. 1605-6.-Court and Times of James I. i. 46.

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.

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.

The articles to be delivered.1

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.

66

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. 1 P. 265.