stronger by continuance and was more confirmed and settled now than at first. And if any man, on the other hand, should take alarm at this, as fearing that the balance might go too much on that side,—surely he had no cause for such jealousy; seeing that the graces and benignities of the Crown increased with its strength, and that the King was never so liberal in giving away his own for the good of his people, as now when he had both most occasion and most advantage to keep it for himself; thereby plainly showing that the limit of his beneficence was not in his mind but in his means, and that when his means should abound his grace would superabound.

For the course to be taken, he wished the question of supply to be considered in a committee of the whole house, and to proceed pari passu with the Commonwealth Bills. They would thus meet the King's offers in a corresponding spirit. They were now, as the King had told them, not upon a bargain, but upon an interchange of affection; and they should shape their course accordingly. In a bargain, each party works for himself, and the question is ever which shall have the last word. In an interchange of affection, each cares for the other, and the struggle is which shall make the first offer. The King had got the start with his offers of grace; it was for them to follow the example and meet him with an offer of supply. And so he concluded for no particular committee, nor subcommittee, but a committee of the whole house.

If nothing had occurred to excite the jealousy of the Commons, it is possible that they would have been content to go into Committee upon the question of supply, under the conditions proposed. But the notes of the debate which followed, though far from indicating a disposition to be illiberal in the matter of money, show plainly that the "animosities and opposition" which Bacon had apprehended from the "brigues and canvasses" of which he had heard, were already eager and active. For upon the first mention of the word "undertaker," the whole House opened upon that scent in full cry, and then arose a confusion of tongues, criminating, recriminating, excusing, deprecating, from which one can only gather that the sore was too tender to be touched even with the healing ointment; and which ended in a resolution to defer the particular consideration of the question (with a general understanding however that they were all in favour of a liberal supply) till after Easter-which was still ten

days off. And the next day, instead of going into Committee of supply, they appointed a Committee to consider of a message to the King "to intimate the protestation of the House against undertakers." It is clear therefore that the motion, whoever advised it, was premature, and that the policy of "beginning betimes and following close was not likely to answer.

3.

The appointment of this Committee, whose deliberations appear to have lasted long, procured a quiet interval in the House; during which the Bill for the naturalization of the Count Palatine was brought in by Bacon and (after an amicable conference with the Lords upon an amendment) read a third time and passed. But though the undertakers were wrong in supposing that they could carry their points if they went fast enough, they were right in apprehending that delay would make difficulties. On Monday, the 18th of April, upon the second reading of "an act concerning taxes and impositions upon merchants," more signs of storm appeared. The notes indicate an animated discussion-animated, though all on one side-and a general disposition (which was the most stormy symptom of all) to have the question of the right of imposing settled before they proceeded with the question of supply. Most of the speakers were amongst the ablest men of the House, and the position they all took was that the question had been settled in the last Parliament, that it was not to be argued any more in the House, only the former arguments to be collected and set forth. The judg ment in the Exchequer, though the formal decision of the authorized interpreters of the law, was coolly set aside as erroneous -a contrary resolution having passed the last House "by voice ";2 as if a majority of voices in the House of Commons could overrule the judgment of a court of law upon a question of law. A faint protest at the beginning of the debate against the embodying of such an assumption in an act of Parliament,3 seems to have had no effect but to bring it out with greater emphasis; and the absence of all traces. of further contention in behalf either of the authority of the Bench or of the right of the Crown seems to imply that the current of

1 C. J. p. 464.

2 "Mr. Whitlocke: That the case for the King's imposing without act of Parliament, by voice of the House then ruled: not now therefore to go back.” C. J. p. 467.

3 "Sir George Moore: That laid in the Bill, that the former Impositions laid, to be against the law: where a judgment for it directly in the Exchequer, that it stood warranted by law. Moveth that point may be disputed before it be committed." C. J. p. 466.

opinion ran too strong that way to be opposed. Bacon-either because of his peculiar position in the House (as a member on sufferance who being retained only for a special service could not properly take a prominent part in other disputes), or because he had changed his opinion upon the legal question, or because he saw that opposition would only irritate the majority and make them violent—was on this occasion silent. So was Yelverton. And though Sir Henry Montague (who was one of the learned Counsel) said something, it is impossible to make out from the note in what sense he spoke. The second reading passed without any division, and the bill was ordered to be committed to the whole House the next day fortnight: that was Tuesday, the 3rd of May. Two days after, they further resolved that "the consideration of his Majesty's supply should not be meddled in till Thursday after Easter week, the fifth day of May, and then to be treated of;" and so, after some talking about monopolies and elections, the Bills of Grace having (several of them) been read once but not further proceeded with, and no other business done, they parted on the 20th of April, for their fortnight's holiday; with but little chance of meeting again in a better temper, the seeds of trouble and dissension having been sown much more plentifully than those of concord and public spirit.

4.

When they reassembled on the 2nd of May, Bacon greeted them with four Bills of Grace, and did his best no doubt to make them gracious. Of his speech we have only the following notes; from which, however, aided by what we have seen of his sentiments and policy in this matter, we may gather the general purport and intention, though we cannot judge of the style.

Mr. Attorney bringeth in four Bills of Grace... Will not commend the Bills.-The King will be no merchant.-He fearful to have the voice of an apprentice to vent the commodities.

-When secondly read, will then explain: will attend the Committee, to give reason and receive reason; and to pray in aid, if cause, of the King's general offer of Grace. That no meat savoury, except the stomach good.-Wisheth no buzzes of undertaking etc. should not make them taste worse these graces.

That the last Parliament built upon contract: Let not that cause us to despise these Graces.-That the Israelites' fault, in

C. J.

p.

469.

દ

"Or" in original.

loathing manna and desiring flesh, where yet manna better for them than the quails.1

The four acts following were then brought in, and read a first time.

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

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.

An act against secret offices and Inquisitions to be taken on his Majesty's behalf, to the prejudice of his subjects.

An act for admitting of the King's subjects to plead the general issue, and nevertheless to continue their possessions.

This passed quietly. But the next business was the report of the Committee about the undertakers. They had been appointed on the 13th of April, upon the motion of Sir Roger Owen, with instructions "to consider of what course fittest for a message to the King, to intimate the protestation of the House against undertakers, and to let him know, whatsoever shall be done for him shall be merely out of the love of the whole House to him." The report was now brought up by Sir Roger himself, but it would appear from the notes that little to the purpose had been made out. "Undertaking”—in the sense of packing and managing the Lower House for the King-appears to have been universally condemned, but also universally disclaimed. The doctrine in condemnation of it was carried indeed extravagantly far, for it was condemned as being in violation of an order passed in the last Parliament "that no man but the Speaker might go to the King to confer with him about Parliament business"-an order passed just before the dissolution, and the passage of which was one of the immediate causes of the resolution to dissolve3-and it was declared "that undertakers, if any, be worse than the Powdertraitors"-apparently because while they were equally guilty of conspiring to "blow up" the House, they were doing it in a more subtle and secret way; for the Powder-traitors "would have blown us up with force." No case seems to have been made out, however, against p. 470.

2 C. J. p. 464.

1 C. J. 3 "It was in this manner that inquiring very curiously of all the circumstances and causes of the last adjournment, and why it was so early done and so few present... and I having answered that it was to prevent the entering of their order that none should hereafter repair to his M. about Parliament matters without leave, his M. replied" etc. Sir T. Lake to Salisbury, 3 Dec. 1610. Add. MSS. 4160, No. 134.

anybody in particular, and the conclusion was only that "the general fame" was "sufficient cause of a message to clear the House."1

But the excitement had now risen too high to be satisfied with a simple protestation. If there were (or if it might be that there were) among them persons engaged in a conspiracy against the House more dangerous than the Gunpowder Plot, it was necessary to ascertain who they were, and to give them the opportunity of clearing themselves, or else to clear the House of them. It was proposed therefore to enlarge the powers of the Committee for that purpose. And it is a remarkable fact that though all the speeches of which any note was taken were against this course, the votes went so strongly in favour of it that it was carried without a division.

In this debate Bacon, being a member of the Committee, took a prominent part, and delivered the following speech, the preservation of which we owe to his own care. It was first printed by Rawley in the 'Resuscitatio,' and I am not aware that any earlier or independent copy is in existence.

A SPEECH DELIVERED BY THE KING'S ATTORNEY, SIR FRANCIS BACON, IN THE LOWER HOUSE, WHEN THE HOUSE WAS IN GREAT HEAT, AND MUCH TROUBLED ABOUT THE UNDERTAKERS; WHICH WERE THOUGHT TO BE SOME ABLE AND FORWARD GENTLEMEN, WHO, TO INGRATIATE THEMSELVES WITH THE KING, WERE SAID TO HAVE UNDERTAKEN THAT THE KING'S BUSINESS SHOULD PASS IN THAT HOUSE AS HIS MAJESTY IN THE PARLIAMENT 12° JACOBI.

COULD WISH.

Mr. Speaker,

I have been hitherto silent in this matter of Undertaking, wherein, as I perceive, the House is much enwrapped.

First, because (to be plain with you) I did not well understand what it meant, or what it was; and I do not love to offer at that that I do not thoroughly conceive. That private men should undertake for the commons of England! why, a man mought as well undertake for the four elements. It is a thing so giddy, and so vast, as cannot enter into the brain of a sober man. And specially in a new Parliament; when it was impossible to know who should be of the Parliament: and when all men, that know never so little the constitution of this House, do know it to be so open to reason, as men do not know when they enter into these C. J. p. 470.