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keeping; whereas the old company were beaten traders, and having no other means of living but that trade, were fain to ride out all accidents and difficulties, which, being men of great ability, they were well able to do.
Secondly, These young men being the major part, and having a kind of dependence upon alderman Cockain, they carry things by plurality of voices; and yet those few of the old company, which are amongst them, do drive almost three parts of the trade: and it is impossible things should go well, where one part gives the vote, and the other doth the work; so that the execution of all things lies chiefly upon them that never consented, which is merely motus violentus, and cannot last.
Thirdly, The new company make continually such new springing demands, as the state can never be secure nor trust to them; neither doth it seem that they do much trust themselves.
Fourthly, The present stand of cloth at Blackwellhall, which is that that presseth the state most, and is provided for but by a temporary and weak remedy, is supposed would be presently at an end, upon the revivor of the old; in respect that they are able men and united amongst themselves.
Fifthly, In these cases opinio est veritate major, and the very voice and expectation of revivor of the old company will comfort the clothiers, and encourage them not to lay down their looms.
Sixthly, The very Flemings themselves, in regard of the pique they have against the new company, are like to be more pliant and tractable towards his majesty's ends and desires.
Seventhly, Considering the business hath not gone on well, his majesty must either lay the fault upon the matter itself, or upon the persons that have managed it; wherein the king shall best acquit his honour, to lay it where it is indeed; that is, upon the carriage and proceedings of the new company, which have been full of uncertainty and abuse.
Lastly, The subjects of this kingdom generally have
an ill taste and conceit of the new company, and therefore the putting of them down will discharge the state of a great deal of envy.
CLXIII. To the Lord Viscount VILLIERS.
My very good Lord,
Stephens's first collection,p. 184.
Now that the king hath received my opinion, with, the judges opinion, unto whom it was referred, touching the proposition for inns, in point of law; it resteth that it be molded and carried in that sort, as it may pass with best contentment and conveniency. Wherein I that ever love good company, as I was joined with others in the legal point, so I desire not to be alone, touching the conveniency. And therefore I send your lordship a form of warrant for the king's signature, whereby the framing of the business, and that which belongeth to it, may be referred to myself with serjeant Montague and serjeant Finch, and though Montague should change his place, that alteration hurteth not the business, but rather helpeth it. And because the inquiry and survey touching inns will require much attendance and charge, and the making of the licenses, I shall think fit, when that question cometh to me, to be to the justice of assise, and not to those that * Here (re. follow this business: therefore his majesty may be ferred) or pleased to consider what proportion or dividend shall of the like be allotted to Mr. Mompesson, and those that shall follow it at their own charge, which useth in like cases to be a fifth." So I ever rest
Your Lordship's true and most devoted servant,
I suppose after the judges and attorney-general had given the opinion above-mentioned, that a patent was soon granted for licensing of common inns; whence Sir Giles Mompesson levied several sums by fines, and annual rent, and from ale-houses also by a subsequent patent: proceeding therein with so much rigour, that it was complained of in the parliament which begun in 163, as one of the great grievances of the nation; the patent declared illegal, and recalled by the king's proclamation; Mompesson and Michel, the chief projectors of this and some other oppressions, severely censured according to their demerits; the manner of which may be seen in the journals of that parliament, and the histories of those times. Stephens..
Stephens's first collection,p. 186.
CLXIV. To the Lord Viscount VILLIERS.
My very good Lord,
I THINK his majesty was not only well advised, but well inspired, to give order for this same wicked child of Cain, Bertram, to be examined before he was farther proceeded with. And I for my part, before I had received his majesty's pleasure by my lord chamberlain, went thus far; that I had appointed him to be farther examined, and also had taken order with Mr. Solicitor that he should be provided to make some declaration at his trial in some solemn fashion, and not to let such a strange murder pass, as if it had been but a horse-stealing.
But upon his majesty's pleasure signified, I forthwith caused the trial to be staid, and examined the party according to his majesty's questions; and also sent for the principal counsel in the cause, whereupon Sir John Tyndal's report was grounded, to discern the justice or iniquity of the said report, as his majesty likewise commanded.
I send therefore the case of Bertram truly stated and collected, and the examination taken before my self and Mr. Solicitor; whereby it will appear to his majesty that Sir John Tyndal, as to his cause, is a kind of martyr: for if ever he made a just report in his life, this was it.
But the event since all this is, that this Bertram being, as it seemeth, indurate, or in despair, hath hanged himself in prison; of which accident, as I am sorry, because he is taken from example and public justice, so yet I would not for any thing it had been before his examination; so that there may be otherwise some occasion taken, either by some declaration in the king's bench upon the return of the coroner's inquest, or by some printed book of the fact, or by some other means, whereof I purpose to advise with my lord chancellor, to have both his majesty's royal care, and the
truth of the fact, with the circumstances, manifested and published.
For the taking of a toy of my lord chief justice before he was placed, it was done before your letter came; and on Tuesday Heath and Shute shall be admitted and all perfected.
My lord chancellor purposeth to be at the hall tomorrow, to give my lord chief justice his oath; and I pray God it hurt him not this cold weather. God ever prosper you.
Your true and most devoted servant,
Sunday night, Nov. 17, 1616.
CLXV. To Sir FRANCIS BACON, his Majesty's Stephens's
I HAVE acquainted his majesty with your letter, and the other papers inclosed, who liketh very well of the course you purpose touching the manifest to be published of Bertram's fact: and will have you, according to your own motion, advise with my lord chancellor of the manner of it. His majesty's pleasure likewise is, that according to the declaration he made before the lords of his council at Whitehall, touching the review of my lord Coke's Reports, you draw a warrant ready for his signature, directed to those judges whom he then named to that effect, and send it speedily to him to be signed, that there may be a dispatch of that business before the end of this term. And so I rest
Your faithful friend at command,
Newmarket, Nov. 19, 1616.
8 This Bertram, who, according to Camden in his Annals of king James, was a grave man of above 70 years of age, and of a clear reputation, pistolled Sir John Tyndal, a master in chancery, on the 12th of November, for making a report against him, in a cause where the sum contended for did not exceed 2001.
By his examination taken the 16th, he confessed it to be as foul a murder as ever was; under the sense of which he hanged himself the next day. Stephens.
The Case of John Bertram..
LEONARD Chamberlayne died intestate without issue, and left a sister married to Bertram, and a niece afterwards married to Sir George Simeon.
The niece obtained letters of administration, and did administer; but afterwards upon appeal, Bertram in the right of his wife, that was the sister, obtained the former administration to be repealed, and new letters of administration to be committed to Bertram and his wife, because the sister was nearer of kin than the niece.
Thereupon Bertram brings his bill in chancery against the first administratrix, to discover the true state of the intestate, and to have it set over unto him, being the rightful administrator; and this cause coming to hearing, it did appear that there was a debt of 2001. owing by one Harris to the intestate: where, upon it was decreed, that the debt of Harris by bond should be set over to Bertram, and likewise that all other moneys, debts, and bonds, should be assigned over to him. In the penning of this decree there was an error or slip; for it was penned that a debt by Harris by a bond of 2007. should be set over, whereas the proofs went plainly that it was but 2007. in toto upon divers specialties and writings, Upon this pinch and advantage Bertram moved still that the bond of 2007. should be brought in, and at last the defendant alledging that there was no such bond, the court or dered that the money itself, namely, 2007. should be brought in; which was done accordingly, and soon after by order of the court it was paid over to Bertram.
When Bertram had this 2007. in his purse he would needs surmise, that there was another 2007. due by Harris upon account, besides the 2007. due by one singular bond, and still pressed the words of the decree, which mentions a bond, and thereupon got his adversary Sir George Simeon committed. Afterwards it was * moved upon Simeon's part, that there was only one