But there is some reason to believe that he put to them the question which Bacon suggested; that they in reply submitted to him their proposition; and that he referred it to his Learned Counsel for their report. It is certain that some proposition relative to the coming Parliament, and involving a variety of questions, was referred to them by the King some time before the 17th of February: and it is not likely to have come from the Council of State, because it was not till the 16th that the Lords of the Council made up their minds to recommend the calling of a Parliament at all.1 Of the nature of the proposition however we know no more than can be gathered from the following letter to Somerset; which though signed by all the Learned Counsel is written throughout in Bacon's own hand, and may be presumed therefore to have been drawn up by him.

TO THE R. HON. OUR VERY GOOD L. THE EARL OF SOMERSET, OF HIS M.'S MOST HON. PRIVY COUNCIL.2

It may please your good L.

Such has been our instant business of service, whereof we are able to make his M. a daily and almost hourly account, as we could not meet in conference touching the propositions for Parliament delivered to us by his M. till this present day.

This day we have met twice; the forenoon amongst ourselves, and the afternoon in presence of my L. Chancellor; and do find the matters (being weighty and of very several natures) so unfit for a sudden answer, as we must become humble suitors to his M. both to give us further time of deliberation, and also, because when we shall come to give an opinion it will (in many of them) be upon such differences and limitations as will exceed the length of a letter, that his M. will give us leave to deliver our conceit by word of mouth; where also his M.'s own questions, which are ever judicious and apposite, may help us to give his M. better satisfaction than of ourselves we are able to direct. So concluding our humble service to your L. we rest At your Lps hon. commandments,

This Thursday at even the 17th of Feb. 1613.

1 S. P. Dom. James I., vol. lxxvi., No. 22.

EDW. COKE.

HENRY HOBARTE.

FR. BACON.

H. MONTAGU.

HENRY YELVERTON.

2 S. P. Dom. James I., vol. lxxvi., No. 26. Original: all in Bacon's hand.

Of what passed between the King and his Learned Counsel in the consultation which, I presume, followed, no record that I know of has been preserved. But in his Council of State in the meantime the dissentient party had at last given way. A resolution had been passed that it was expedient to call a Parliament with as little delay as possible. With that view the petition of grievances had been perused, and a selection made of those which might without prejudice be redressed.1 And in a list which has been preserved of the titles of several bills to be drawn or to be further consulted upon, we may trace the resultant of the various forces that were acting upon the government.

The first eight of these being described as bills to be drawn " upon certain of the propositions exhibited unto his Majesty," I take them to be the practical result of the King's communications, first with the "Undertakers," and afterwards with his Learned Counsel; the "propositions exhibited unto his Majesty " being those which they had submitted in answer to the question which by Bacon's advice he had put to them; the "bills to be drawn" upon them being the following and pursuing" by the government of such of them as were reported by the Learned Counsel to be "fit." The remainder of the list, consisting of bills to be drawn "upon other heads besides those that were propounded," of "secret bills," and of "other bills to be propounded, not yet consulted upon,"-represents probably the policy of the regular advisers of the government, and the measures which they thought it expedient to urge, or to offer, or to acquiesce in and though it is but a list of titles, it will be found to throw so much light upon the whole business and history of the coming session, into the details of which, as of an event of immense consequence, I shall have to enter minutely, that I have thought it worth printing in extenso as it stands.

I take it from two different manuscripts; the first containing only a few heads, but being a contemporary transcript in a hand frequently employed by Bacon, and made probably under his direction; the other being merely a collector's copy, but apparently complete.

3

Bills to be drawn by his Ma's' most gracious direction for the good and comfort of his people upon certain of the propositions exhibited to his Ma", and to be offered to the Parliament.

1. An act for the passing the accounts of Sheriffs, Escheators, Collectors of Subsidies, Tenths, Fifteenths and Aids, without charge or delay.

1 S. P. Dom. James I., vol. lxxvi., No. 23. 16 Feb. 1613-4. 2 Cott. MSS. Tit. F. iv. f. 345.

3 Harl. MSS. 6258. A. f. 45.

2. An act for the better avoiding secret offices and inquisitions to be taken on his Maty's behalf to the prejudice of his subjects.

3. An act giving authority to certain Commissioners to review the state of penal laws, to the end that such as are obsolete and snaring may be repealed, and such as are fit to continue and concern one matter may be reduced respectively into one clear form of law.

4. An act for the safeguard and relief of the King's tenants and farmers in case of forfeiture for non-payment of rent.

Bills to be drawn by his My most gracious direction for the good and comfort of his people, upon certain other of the propositions exhibited to his Majesty, to be ready if they be sued for by his Commons.

1. An act for the ordering of the respect of homage to be with less charge and trouble to his Maty's subjects.

2. An act for the avoiding of the trouble and charge of the King's subjects in the pleadings of the Exchequer in case of alienation by the King's tenants.

3. An act for the admitting of the King's subjects to plead the general issue and to continue their possession in certain cases upon informations of intrusion exhibited against them.

4. An act for the repeal of a branch of the statute of 34°. H. 8. concerning the alteration of laws in Wales without Parliament.

Here the Cotton manuscript ends. But in the Harleian collection there is a paper, docketed " A copy of all the Acts;" which under the head of "Bills of Grace drawn with his Maty's direction" contains the same eight titles, with only a few verbal variations; together with these following:

9. An act against the long continuance of Liveries, and unnecessary bringing in of evidence into the Court of Wards.

10. An act against the vexation of his Maty's subjects by the assigning of debts unto the Crown.

11. An act for making the estates of attainted persons liable for the payment of their' just and true debts.

Further remembrances by his Maty.

Touching carts taking.

Touching the assert lands.

Touching a liberal pardon,

This completes the first division: the matters contained in which would appear by the title of the next to have all belonged to the heads "that were propounded:" that is, to have been meant to give effect to the propositions of the "Undertakers." Those which follow I take to be propositions emanating from the Government itself.

In MS. "liable unto the Parliament of other."

Bills to be drawn by his May's most gracious direction for the general good of the commonwealth, upon other heads besides those that were propounded.

1. An act against extortion, and for declaring the just and ancient fees of Courts.

2. An act for the limitation of [the] number of attorneys in the King's

Courts.

3. An act against the receivers and maintainers of pirates.

4. An act for the repressing of duels and challenges and the trial of such duels as shall be performed beyond the seas.

5. An act against the bringing in and disposing of seditious books concerning the Pope's authority.

In the margin opposite these last five titles is written "Civil Policy." The next four, though marked as a separate class by the recommencement of the numbers, are not included under any general description.

1. An act against (qu. for ?) the restraint of building in or near London, and against inmates and dividing of tenements.

2. An act against the intolerable waste and consumption of gold and silver in unnecessary vanities.

3. An act for the breeding and preserving of timber and woods.

4. An act for the supply of the laws concerning depopulation and tillage.

Memorial of secret bills.'

1. An act for the naturalizing of the Count Palatine and issues between him and the Lady Elizabeth.

2. An act for the better administration of justice and for the declaration and limitation of the jurisdiction of Courts.

3. An act for the beautifying and better government of the city of London, and the suburbs of the same.

4. An act for the suppressing and supply of Boroughs of Parliament according to the present state of the towns of this realm.

5. An act for the better proceeding in the plantation of Ireland.

6. An act for the increase of the wealth of this realm by fishing with busses. 7. An act for a more perfect constitution for the uttering of cloths dressed and undressed.

8. An act for the declaration and conformation of the reasonable liberties of corporations.

9. An act against usury.

10. An act concerning a more certain order in granting letters of adminis tration.

1 By 'secret' bills I suppose to be meant measures under consideration of the Council, which it was not thought expedient to divulge; that so they might be brought forward or kept back according to the turns and exigencies of the time.

Other Bills to be propounded, not yet consulted upon.

1. An act for the moderating of excessive prices of victuals and other commodities.

2. An act for the better policy and government of strangers inhabiting.

3. An act against deceit in weights and measures.

4. An act for the suppressing of certain liberties and exempted places. 5. An act for the better plantation of Virginia and supply thereof.

6. An act to limit the fees of Serjeants, Counsellors at Law, and their clerks.

7. An act to take away the clause of the statute that doth restrain the bringing in of barrelled fish, whereupon a monopoly is founded having a non obstante.

8. An act to give the fourth part of the penalties of alehouses and innholders to those that will inform.

9. An act [that] there may be burgesses and knights for the County Palatine of Durham.

10. An act to make a haven at Astworth in the County of Devon.

11. An act to punish abuses upon the Sabbath day.

12. An act for the naturalising of the two daughters of Sir Horatio Vere. 13. An act for the naturalising of Elizabeth Meere.

14. An act to confirm a decree made in Chancery to confirm the inheritance of Sir Thomas Windham, knt., against a grant made to the late Q. Elizabeth and Burtram.

15. An act to restrain Brewers and Alehouse keepers to be justices within any corporation.

16. An act to confirm a decree of customs made between Henry Jernegam and his farmers.

17. An act to enable Sir William Sandes to make his wife an annuity of the manor of Motford against the Lord Sandes and against the heir of the said William Sandes.

18. An act for the selling of certain lands of Sir William Forth in Suff.

19. An act to reform abuses in making brick and tyle.

20. An act for the preserving of the records of the sessions of the Peace.

21. An act to reform deceit in dyeing silk.

22. An act to enable Sir Warwick Heale to make leases of his lands for

three lives.

23. An act for the establishing of the hospital appointed by the will of

the Earl of Dorset.

24. An act to enable Dame Jane Skinner to have her dower of Castle Camps and other manors.

25. An act to enable William Fletcher of Fleethall in Sussex to sell certain lands.

26. An act to reverse a decree in Chancery for Sir Rowland Lacye.

27. An act to avoid fees exacted by Customers, Controllers, their clerks

VOL. V.

C