The points of dif

ceedings of this

Parliament and the last.

No merchandising this Parliament.

For the course that his Ma. purposeth to be holden in ference in the pro- this Parliament, That his Ma. will distinctly lay forth unto them in what points the proceedings of this Parliament will differ from the proceedings in the last Parliament. The first is that in the last Parliament his Ma. took upon him the person of a merchant, and they took upon them the persons of purchasers or contractors. But that in this Parliament his Ma. will hold himself to the person of a gracious King and leave them to the persons of loving and kind subjects. That in bargains the manner is for either part to hold hard for themselves; but in kindness the true proceeding is for either part chiefly to take care of the other. Charitas non quærit quæ sua sunt. The King to take care of his subjects, and the subjects to take care of their King. And this in short his Ma. hopeth will be the frame and constitution of this Parliament.

Grievances or graces to be

drawn into Bills according to the

ancient custom of Parliament.

Tedious confer

ences with the

Lds to be spared except the occasion be special.

The second is that whatsoever shall proceed by way of grace from his Majesty, or by way of grievance or petition from them, that it be according to ancient custom of Parliament put into several bills; for that is the way to avoid misunderstanding, to save time, and to produce a real effect. And if there be anything of a tender touch, wherein it is fit that first leave be obtained of his Ma. before it be offered by way of Bill, his Ma. will be graciously pleased at all times to vouchsafe the free access upon such a particular; for as for this compiling of grievances in a miscellany collection it breedeth much rumour and little effect; for while one grievance stayeth for another all is arrested till the end of the Parliament, whereas divers of them mought have been put in way of remedy in the mean time.

The third is that his M. is graciously pleased that those things which concern the interchange of free gifts and graces between his Ma. and his people may chiefly be handled in the Lower House whom it principally concerneth; and not drawn into tedious conferences with the Lords more than the occasions emergent may require. That his M. is well assured that there is none now in the Upper House that seeketh his own glory, or to draw the eyes of both houses upon him; but that my Lords will be most willing to give their God's blessing upon his Ma.'s bounty

and the alacrity of his Commons, and busy themselves in the mean time in such Bills of Honour and Policy as may concern the ornament safety and strength of the Commonwealth.

to be short and to

And lastly his Ma. hopeth that the clock being thus set, This Parliament as the last session of Parliament began early and brake up part in desire to late, so this session of Parliament that began late shall end meet again. betimes, and end in a mutual desire to meet speedily again.

Now it resteth that his M. do let them understand cer- His M. RESOLUtain of his princely resolutions, wherein he will be con- TIONS.

stant and invariable.

of

TIONS AND INTEN

part of his just power, neither

will he by con

tinuance of reign

Whereof the first is, That as he will not, for all the He will quit no treasure in the world, quit any point of his just power sovereignty and monarchy, but leave them (as they are) sacred and inviolate to his posterity, so on the other side still rise and it shall not be with his Ma. as it is commonly with Kings, gather upon the subject. by continuance of reign still to gather and rise upon their subjects in points of Prerogative, but they shall find him more moderate the last day than the first; so that their condition may be amended and shall be sure not to be impaired.

That

his state at once

own means or by his subjects' help.

Another is that his M. hath fully resolved and vowed His Ma. will free to free his estate at once, and not to endure any longer either out of his the afflictions or temptations of a King in want. there be but two means to do it, the one out of his own means and the other by the help of his subjects. That for the former his Ma. seeth thorough it and knoweth his way; and hath set it down to himself; But then it must be with some diminution of the patrimony of his posterity and perhaps with the withholding of some favours and eases which pass daily from the Crown to his people. But his Ma. is confident upon their loves and affections, His Ma. assureth them their gift that he shall not be driven to that course: And that this shall go to the he will assure them, that whatsoever they shall give by uses intended. way of help, there was never gift that should be more rightly bestowed according to the mind and intent of the giver than

this shall be; for that his Ma. hath set down to himself so His Ma. meaneth to distinguish his receipts, as there shall never be thereafter to set down a course to himself, any more arrears, but always competent store for that which that there shall be

no more arrears, but competent store for that which concerneth public service. His Ma. giveth hope of payment of privy seals, tacitè.

His Ma. relieth not upon particular men, for ser.

vice to be done this Parliament, but upon the whole body.

His Ma. in his na ture loveth a Parliament.

concerneth public services: amongst which his Ma. doth account the acquitting of his present credit; for that he doth esteem it but half a fortune to have means without credit.

Another is, That his M. would have them to take no apprehension nor shadow of some vain bruits, as if his M. relied much upon the service in Parliament of a few men. That his Ma. would take it for a derogation not only to their merit, but to his own greatness and majesty, to be beholden to particulars in that which concerneth the body of his kingdom. And that he is not ignorant of the constitution of the lower house, that he that would be first shall be last; And therefore that his Ma. is resolved this Parliament not to single out any man for thanks, no nor for blame, except the cause should be very extraordinary, but to take things as proceeding from the kindness and good will of the house in general, as the true representative body of his Commons.

And the last is, with which his M. will conclude, that he would not have them mistaken in his nature concerning his affection for the holding of Parliaments. For howsoever things may have been represented unto him the last Parliament, to breed a diffidence in him touching his Parliament (the errors and mists whereof his Ma. hath since discovered) yet that his Ma. in his own disposition (as may appear in the kingdom where he was bred) hath ever loved a Parliament, for it is for kings to dislike a Parliament that through stupidness or pride are like images and statuaes, and have no fit composition to treat with their people; which is so far from his M. as for his part (were it not for the charge of his subjects, or furder doubt that it should be to draw more money from them) his M. could wish the ancient statutes were put in ure of holding a Parliament every year.

THOUGH the government candidates had been defeated in many places, Bacon himself had found no difficulty in obtaining a seat. He had been returned at the same time for St. Alban's, for Ipswich, and (though the fact was not known to Willis) for Cambridge University,1 to which he had been appointed standing Counsel, and had also made himself agreeable the last Christmas by contributions of venison to the college festivities.2 The election did not pass without opposition: but it appears to have been directed entirely against the second candidate; whom indeed the Vice-Chancellor pronounced to be ineligible, and refused to return; and whose return was effected at last by a proceeding which seems to have been quite out of order. Whether the opposition was really on political grounds, and what it meant, or whether it meant anything, I cannot clearly make out. What is certain is that the members elected,-Bacon and Sir Miles Sandys,3-represented the large majority of votes.

But though he obtained his seat thus easily for three several constituencies in the country, he very narrowly escaped losing it upon an objection unexpectedly taken in the House; an objection of no good omen for the King's business. He had been returned for Cambridge University on the 2nd of April; on the 5th he elected to serve for that place, and took the oaths. On the 8th, question was raised whether, being Attorney-General, he was eligible. Whereupon a Committee was appointed "to search for precedents where any Attorney-General to any King or Queen of this realm hath been chosen and served as a member of this House." By an odd accident it

1 S. P. Dom. James I. vol. lxxvii, No. 12.

2 Chamberlain to Carlton, 23 Dec. 1613.

115

3 Chamberlain to Carlton, 14 April, 1614. S. P. Dom. vol. 77. No. 7. The Cambridge Register represents Dr. Barnabas Gooch as Bacon's colleague, and says nothing about Sir Miles Sandys.

C. J.

P. 456.

"Whether Mr. Attorney-General may be chosen (commending his parts, service, etc.) in respect no precedent that an Attorney-General chosen."

5 Ibid.

turned out that there was no precedent exactly in point. Privy Councillors had constantly been elected and served: King's Serjeants had been elected and served: King's Solicitors had been elected and served: and no objection had ever been taken. Nay the AttorneyGeneral himself had, in the very last Parliament, served; but then he had been elected before he became Attorney-General; and therefore his case was adjudged to be no precedent. Upon the report of the Committee to this effect, a long debate arose which ended in a resolution very creditable to Bacon personally, but singular as a constitutional decision; namely that for the present Parliament Bacon should be allowed to remain, but that after this Parliament no Attorney-General should serve as a member of the House.1 The principle therefore that the Attorney-General was ex officio ineligible, (grounded of course, or pretended to be grounded, on precedent) was affirmed; but a special exception was made in favour of the occasion and the man.

This I say was a bad omen of the disposition of the House towards the King's business. For it could not be doubted that the absence of any precedent exactly in point was merely an accident; while on the other hand it was not less plain that the course of precedents, rightly interpreted, was in favour of the Attorney's serving, and not against it. For upon what principle could he be excluded, that did not apply with equal force to the Solicitor and the rest of the Learned Counsel; and indeed to the Secretary of State and all the Privy Councillors? For they were all of them by their office as much engaged to the Crown as he. Now the precedents were in favour of all these serving. Nay with regard to the Attorney himself, the question had never been raised till the Parliament immediately preceding; and how was it settled then? After being slightly stirred, it was silently dropped, and the Attorney allowed to hold his seat:2 which certainly seems very like a silent acknowledgment of his right to sit. And as for the distinction that was drawn between the two cases,—viz. that the last Attorney had been elected before his appointment, whereas this had been appointed before his election,-as if a member might be Attorney-General but an Attorney-General might not be a member,―there was clearly no sense in that: the in

1 C. J. p. 460.

2 22 Nov., 1606. "Touching Mr. Attorney, it was much disputed what should be the question. . . . The House upon this grew to division and by division to confusion; for they were not numbered, nor one part well understanding another they settled again, and made a new question: viz. 2. Whether a rule should be made of it and by voice overruled that no question should be made of it, but the matter should rest; and so was understood and left at that time.

"24 Nov., 1606. Mr. Attorney came in of himself, and continued by connivance without other order." C. J. p. 324.