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Stephens's

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selves, the wearing of any stuff made wholly of silk, without mixture of wool, for the space of six months. So your majesty shall supply outward vent with inward use, specially for the finer cloths, which are those wherein the stand principally is, and which silk-weavers are likest to buy; and you shall shew a most princely care over thousands of the poor people; and besides, your majesty shall blow a horn, to let the Flemings know your majesty will not give over the chace. Again, the winter season coming on is fittest for wearing of cloth; and there is scope enough left for bravery and vanity by lacing and embroidery, so it be upon cloth or stuffs of wool.

I thought it my duty to offer and submit this remedy, amongst others, to your majesty's great wisdom, because it pleased you to lay the care of this business upon me; and indeed my care did fly to it before, as it shall always do to any knots and difficulties in your business, wherein hitherto I have been not unfortunate. God ever have you in his most precious custody.

Your majesty's most faithful
and most bounden servant,

Sept. 13, 1616.

CLXI. To the Lord Viscount VILLIERS.

My very good Lord,

It was my opinion from the beginning, that this company will never overcome the business of the cloth; and that the impediments are as much or more in the persons which are instrumenta animata, than in the dead business itself.

I have therefore sent unto the king here inclosed my reasons, which I pray your lordship to shew his majesty.

The new company and the old company are but the sons of Adam to me, and I take myself to have some credit with both; but it is upon fear rather with the old, and upon love rather with the new; and yet with both upon persuasion that I understand the business.

Nevertheless I walk in via regia, which is not abso

lutely acceptable to either; for the new company would have all their demands granted, and the old company would have the king's work given over and deserted.

My opinion is, that the old company be drawn to succeed into the contract, else the king's honour suffereth, and that we all draw in one way to effect that. If time, which is the wisest of things, prove the work impossible or inconvenient, which I do not yet believe, I know his majesty and the state will not suffer them to perish.

I wish what shall be done were done with resolution and speed, and that your lordship, because it is a gracious business, had thanks of it next the king; and that there were some commission under his majesty's sign manual to deal with some selected persons of the old company, and to take their answers and consent under their hands; and that the procuring the commission, and the procuring their offers to be accepted, were your lordship's work.

In this treaty my lord chancellor must by no means be left out; for he will moderate well, and aimeth at his majesty's ends.

Mr. Solicitor is not yet returned, but I look for him presently. I rest

Your lordship's true and most devoted servant,

Monday, October 14,

at 10 of the clock.

FR. BACON,

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CLXII. Reasons why the new company is not Stephens's to be trusted and continued with the trade of cloths.

FIRST, The company consists of a number of young men and shop-keepers, which not being bred in the trade, are fearful to meddle with any of the dear and fine cloths, but only meddle with the coarse cloths, which is every man's skill; and besides, having other trades to live upon, they come in the sunshine so long as things go well, and as soon as they meet with any storm or cloud, they leave trade, and go back to shop

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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.

Stephens's

first collection,p. 184.

To the Lord Viscount VILLIERS. My very good Lord, 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 (refollow 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 import 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,
Nov. 13, 1616.
FR. BACON.

? 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.

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Stephens's first collection,p. 186,

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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 myself 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

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