terfering duties and disturbing influences involved in the office being precisely the same in both. Therefore that they were forced by their precedents and by a fear of innovation to take the exception (however it might be pretended for decency and allowed to pass from politeness) no man could really believe. The truth is that the exception was itself an innovation,—an innovation suggested by a growing jealousy of the influence of the Crown over the deliberations and votes of the Commons; which was the more ominous because nothing had as yet proceeded from the King himself but offers of grace and concession, and assurances of affection and confidence. And though it may seem at first sight that the special exception made in favour of the Attorney on this occasion indicated a more complying disposition towards the King, I am rather inclined to attribute it to a confidential intimation that he had charge of the Bills of Grace,1 and a fear (for that part of the King's business they were ready enough to advance) that those bills could not be got on so well without him.

2.

But besides the ill omen for the future, there arose out of this one positive and present disadvantage. The question had been raised on Friday the 8th of April, and was settled on Monday the 11th: Bacon being in the meantime sequestered from the House. During the interval the King had made a second speech, in which (following the advice of the "undertakers") he anticipated the demands of the opposition by announcing the favours and graces which he meant to bestow upon them,-not in the way of bargain (he assured them), or as looking for anything in return, but merely out of kindness. To make such a declaration in such a manner that it should produce any good effect, was no easy task for anybody, and particularly difficult for the King, because it was not true, and required great art of words to make it plausible. Something however might have been done by a skilful reporter; and the task of reporting the King's speech to the House should properly have been undertaken by Bacon. In his absence, it was performed by Sir Henry Yelverton, the new solicitor, who did it with unction enough, no doubt; but not (I think) in such a style as to impart to it that air of confidence and serenity and

1 Note of Sir Roger Owen's speech: "King's privy and learned counsel suffered; for that they have oft made motions for the common state. That he hath received this morning advertisement from honourable persons, why now special cause he should serve which not fit to be discovered here publicly, but will privately inform any man that cause (for matter of state this Parliament) he should be this Parliament of the House," etc. (C. J. p. 459.)-Crew's speech: "For conve⚫ niency, the Bills of Grace drawn by the King's Counsel; his presence therefore necessary." (Ibid, p. 460.)

VOL. V.

D

simple munificence without regard to consequences, which was requisite (after what had passed before) to redeem it from the character of an offer in a bargain. In such a matter much would depend upon the spirit in which the message was delivered, and as Bacon knew best what kind of impression the King wished and meant to make, he would have been best able to give effect to his meaning in reporting it. But the report had to be made on the morning of the 11th of April, and the decision of the House upon his own case was not pronounced till the afternoon of the same day. In substance it consisted of an enumeration of the titles of the eleven bills which stand first in the list given in the last chapter;-"bills to be drawn upon the propositions exhibited to his Majesty"-those which were "to be ready if sued for," as well as those to be offered,-with some explanation of their provisions.

The next day Bacon took his seat again in the house; and must have looked about him with some anxiety to see what weather was coming. The prognostics were not encouraging. After a motion against some monopoly, which was referred to the Committee for petitions, we read in the Journals the following note :—

"Mr. Middleton: That the heads of the matters of Grace tend to the gentility, not to cities, boroughs, burgesses or merchants: offereth a bill concerning Impositions."

That could bode no good. What next?

"Sir Maurice Berkley,-against Ecclesiastical Courts." Ending with a motion for a Committee to draw a bill; and followed by Wentworth and Hoskins.

It was clear then that the offer of the Bills of Grace had not stopped the mouths of the discontented. But it was a main point of Sir Henry Neville's plan of operations that the question of supply should be "proposed betimes and followed close afterward:" and it seems to have been hoped that if it could be pressed to a resolution while the House was still under the first emotion and before they had time to talk, the enchantment would be strong enough to carry it through. As soon therefore as Hoskins sate down Secretary Winwood got up, and after setting forth the miseries of the State for want of money,-the navy in danger of dissolution; the Cautionary Towns for want of pay like to mutiny; Tyrone, encouraged by the disorders in Ireland, treating with the Pope to come over next summer; troubles in Germany; France and Spain upon the point of uniting by a double marriage; England through her poverty exposed

in all other parts to contempt and scorn ;-and comparing the King's offered graces to another Magna Charta; concluded by moving for a cheerful and speedy contribution.

The House of Commons was so new a region to Sir Ralph Winwood, that he did not perhaps know how unusual a course he was taking. A motion for supply in the first week of the session, in a time of peace, was a thing without precedent; and the first two speeches that were made upon it showed how distasteful it was. The sense of the House was evidently against giving any answer at present. The motion, it was thought, came too early, and should be deferred till the Bills of Grace were brought in. Sir Julius Cæsar added further particulars in illustration of the inconveniences of an empty exchequer; but varied the motion by proposing to refer both matters the King's wants, and his offers of grace-to a Committee and a sub-Committee. Bacon followed, but ended with still a different motion: and as the notes of his speech are in this case full enough to indicate its general tenour, and it is a matter of no small interest in the study both of his character and policy to know how he tried on an occasion so critical to make the best of the business as he had to deal with it,-I once made an attempt to fill up the gaps and construct a report of the substance of his speech. The speech which I constructed will supply as good a commentary as I can offer upon the imperfect record in the Journals, and I give it as I drew it. up long ago. That every reader may know how much is of my own composition, I print the original notes at the bottom of the page. But this, or something like this, is what I suppose him to have said.

"Mr. Attorney:-Sithence they pleased to retain him, the best offices he can; if dismissed him, the best wishes he could.—

All pertinent speeches to one of these three ends: 1. Information of the matter: 2. To persuade consent: 3. To trace out the best means to effect the thing propounded.

Little remaining to him in any of these three kinds. The first already delivered by them to whom properly belongeth.-To consider what hangeth over us, viz. danger; what upon us, Want.

Some times of peace, for defence, a supply of treasure, as well as some times of war; which some time upon a flag of glory or flash of revenge, which may be pursued or left at pleasure. But when a state environed with envious foreigners on the one part, and encroachments on matter of trade on the other side, and religion so much questioned; our peace may flatter us, not secure us.—The state of Europe never so dark.-To look a year before him, trouble the best watchman in Europe.-Provision of arms for travelling in the night, as well as going to war.What treaty with strangers, for wrongs, but basely on our part, and gloriously of their part, while we in wants? No private man more subject to sheriffs than a state, in want, to surprises.-Treasure as a ballast of a ship.

2. Persuasion here needless and unwise.-A wise man should make a fire; for can let it alone, when burneth well,-The fire of your affection kindled by the King's speech. The King's graces shine and warm: no need of a little burningglass. The King hath made such a track in almost all the points of his Prerogative, as the footsteps of King James will ever remain.-Joy to him that this done, when he the procurator of the King's prerogative. The King's Prerogative grow

SPEECH IN SUPPORT OF A MOTION FOR SUPPLY.

The Attorney-General thanked the House for their favour in allowing him to remain. If they had dismissed him, they should have had his best wishes; since they were pleased to retain him, they should have his best offices.

For the matter before the House, there were but three ends at which a pertinent speech should aim,-to explain how the case stood; to persuade consent; and to trace out the best means of effecting the thing propounded. And after what had been spoken by those before him to each of these points, there remained little for him to add.

For the first, they were to consider the state in which the kingdom stood; what dangers hung over it, and how they were provided to meet them. And let no man think because they were in peace that they were out of danger. It was not the mere being at war or being at peace that made danger imminent or distant, and a supply of treasure for provision against it necessary or unnecessary: it was the much or little, the nearness or remoteness, of the materials out of which dangers are bred. A house of wood was in greater danger every night, than a house of stone when the next street was burning: more things might happen that would set it on fire. In like manner, a state of peace which may be turned into war. at another's pleasure, is fuller of real peril to a nation than a state of war which may be exchanged for peace at one's own. A war, for example, which was undertaken as wars sometimes were only for a flag of glory or a flash of revenge, was no great matter, for it might be pursued or it might be left according to convenience. But contrariwise when a state, though not actually at war, was yet surrounded (as they now were) by envious foreigners on one side watching opportunities for hostile attack, by rival neighbours on the other watching advantages to encroach upon trade, having eth stronger by continuance: not like a bow-string or watch. Contrary here; for more now than at first.-That when his means shall abound he will in grace superabound.

"The means, a Committee; but of the whole House.

"The King distinguished between laws of bargain, and mutual affection. One holdeth hard; the other passeth over itself, and careth for the other. In a bargain, the last word an advantage; contrary here.-Dulcis tractus pari jugo.—The King's business and Commonwealth to go together: as an inception from the King for the one, so to be done in the other.-No particular committee nor subcommittee; but the whole House." C. J. p. 462.

at the same time so plentiful a source of troubles both within and without in differences of religion,-the outward face of peace might flatter them into negligence, but their only real security was to be prepared for war. Let them cast their eyes abroad, and consider the state of the continent; when was the future so dark? He thought it would trouble the best watchman in Europe to look a year before him. Surely if England was not as a man going to war, she was at least as a man travelling in the night; and the one needed arms as well as the other. As long as they were in want, what security could they have either against invasion or against wrongs? As long as they were in want, and known to be so, not a treaty could be made with strangers, but basely on their part and gloriously on the other. For he would tell them that a State without provision of treasure had no more freedom of action than a private man that was in debt; the one being not more subject to sheriffs than the other to surprises. Therefore to say that they needed no supply of treasure now because they were now at peace, was to say that a ship might go to sea without ballast, because the water seemed smooth. They might sail well enough till the wind rose, but the first flaw would upset them.

As for persuading them to consent to that which the safety of the kingdom required, he trusted it was needless. Their affections had been kindled by the King's speech. To move them further would be to stir a fire that burned well already. The King, in offering to part with so many things of his own for the relief of his subjects, had set them an example which it was for them to follow by offering him a supply sufficient to maintain the strength and dignity of the state. And if any man thought that the King was but parting with that which he found it troublesome to keep; as if his prerogative were growing weak with age, and he were willing to give up something in order to strengthen and secure the rest;-he was never more mistaken. For the prerogative (and glad he was, as the procurator and champion thereof, to find it so) was never more sound and vigorous. It was but kept better within its banks, and the banks were thereby made the stronger. His Majesty had made such a track in almost all the points of it, that the footsteps of King James would ever remain. Unlike a bow-string or watch that became weaker with time, the King's prerogative grew