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of the law, they are three: Institutions; a treatise De regulis juris; and a better book De verborum significationibus, or terms of the law. For the Institutions, I know well there be books of introductions (wherewith students begin) of good worth, specially Littleton and Fitzherbert; Natura brevium; but they are no ways of the nature of an Institutions; the office whereof is to be a key and general preparation to the reading of the course. And principally it ought to have two properties; the one a perspicuous and clear order or method; and the other, an universal latitude or comprehension, that the students may have a little prenotion of every thing, like a model towards a great building. For the treatise De regulis juris, I hold it of all other things the most important to the health, as I may term it, and good institutions of any laws: it is indeed like the ballast of a ship, to keep all upright and stable; but I have seen little in this kind, either in our law or other laws, that satisfieth me. The naked rule or maxim doth not the effect. It must be made useful by good differences, ampliations, and limitations, warranted by good authorities; and this not by raising up of quotations and references, but by discourse and deducement in a just tractate. In this I have travelled myself, at the first more cursorily, since with more diligence, and will go on with it, if God and your Majesty will give me leave. And I do assure your Majesty, I am in good hope, that when Sir Edward Coke's Reports and my Rules and Decisions shall come to posterity, there will be (whatsoever is now thought,) question who was the greater lawyer? For the books of the Terms of the Law, there is a poor one; but I wish a diligent one, wherein should be comprised not only the exposition of the terms of law, but of the words of all ancient records and precedents.

For the Abridgments, I could wish, if it were possible, that none mought use them but such as had read the course first; that they might serve for repertories to learned lawyers, and not to make a lawyer in haste: but since that cannot be, I wish there were a good abridgment composed of the two that are extant, and in better order. So much for the Common Law.

Statute Law.

For the reforming and recompiling of the Statute Law, it consisteth of four parts.

1. The first, to discharge the books of those statutes whereas1 the case by alteration of time is vanished; as Lombard Jews, Gauls half-pence, etc. Those may nevertheless remain in the libraries for antiquities, but no reprinting of them. The like of statutes long since expired and clearly repealed; for if the repeal be doubtful, it must be so propounded to the Parliament.

2. The next is, to repeal all statutes which are sleeping. and not of use, but yet snaring and in force. In some of those it will perhaps be requisite to substitute some more reasonable law instead of them, agreeable to the time; in others a simple repeal may suffice.

3. The third, that the greviousness of the penalty in many statutes be mitigated, though the ordinance stand.

4. The last is, the reducing of concurrent statutes, heaped one upon another, to one clear and uniform law. Towards this there hath been already, upon my motion and your Majesty's direction, a great deal of good pains taken; my Lord Hobart, myself, Serjeant Finch, Mr. Heneage Finch, Mr. Noye, Mr. Hackwell, and others; whose labours being of a great bulk, it is not fit now to trouble your Majesty with any further particularity therein; only by this you may perceive the work is already advanced: but because this part of the work, which concerneth the Statute Laws, must of necessity come to Parliament, and the houses will best like that which themselves guide, and the persons that themselves employ, the way were to imitate the precedent of the commissioners for the Canon Laws in 27 Hen. VIII, and 4 Edw. VI, and the commissioners for the Union of the two realms, primo of your Majesty, and so to have the commissioners named by both houses; but not with a precedent power to conclude, but only to prepare and propound to Parliament.

This is the best way, I conceive, to accomplish this excellent work, of honour to your Majesty's times, and of good to all times; which I submit to your Majesty's better judgment.

2.

Though the regulation of trade, as a matter of what we now call Political Economy, engaged a good deal of Bacon's attention, he does not appear to have anticipated modern science on that subject. His impartial observation and clear common sense warned him of immediate consequences, and taught him to avoid impracticable

1 So in Res. I think it should be "wherein."

courses; but on the true principles of commercial legislation he had no clearer light than the rest of his contemporaries. To forbid usury, for instance, he saw would be mischievous, as this world goes; because without usury there would be no lending. But he did not venture far enough to perceive that the interest to be paid on money to be lent is as fair and just a subject of bargain as any other, and ought to be as free. If he had thought it possible to make men lend their money without taking interest, he would apparently have thought it a good thing. His objection to the attempt was that it was utopian, not that it was against the sound principles of trading. So also with regard to foreign trade, he saw that indiscreet endeavours to monopolise a manufacture might end in the loss of it; because if the foreigner found it too difficult to procure, he would learn to do without it or to make it for himself. But that it was for the interest of all nations that each should be encouraged to produce whatever it could produce best and at least cost, that all possible facilities, both of export and import, should be given to all alike, and that the conditions of exchange should be left to the parties,-this I think he would not have been prepared to admit. Upon the balance of trade, the value of the precious metals, and the protection of native industry, he appears to have held all the doctrines which were then considered orthodox.

2

We left the New Company of Merchant Adventurers struggling to win from the Dutch the dyeing and dressing of cloth, as well as the weaving. The plan of operation was very simple. All exportation of cloth undyed and undressed was to be prohibited. Then the Dutch, it was thought, not being able to get the cloth otherwise, would be obliged to take it so; and the profit on the dyeing and dressing would be secured for the native industry. But the Dutch had native industry of their own to care for. They chose to dye and dress for themselves, and refused to buy any which had been dressed and dyed elsewhere. This of course produced distress among the clothworkers in England, and forced the government to consent to a partial relaxation of the prohibition for a time. But time did not make the case easier to deal with. The Dutch, instead of being gradually compelled to take English-dressed cloth, began to set up looms of their own and prepare to do without English-woven cloth; so that our whole trade with that part of the continent was threatened with extinction. The cloth workers, first of Gloucestershire, then of Worcestershire, and lastly of Wiltshire, all came in with complaints that their business was at a stand; and Bacon was called upon to advise what should be done. Though he had heartily approved of the policy of getting the whole manufacture into English 1 See his Essay of Usury. 2 See Vol. V. pp. 169-172, 256–259.

hands, if it could be done, and thought the attempt highly patriotic, and had taken much pains to make the best of it, he had never been very confident of success. He evidently doubted the ability of the New Company to make good their promises; and when they obtained leave to export a certain proportion of "whites" for a certain number of years, he foresaw the danger. "Nay, I fear," he said, writing to the King on the 25th of February preceding, "and have long feared, that this feeding of the foreigner may be dangerous; for as we may think to hold up our clothing by vent of whites till we can dye and dress; so they (I mean the Dutch) will think to hold up their manufacture of dyeing and dressing upon our whites, till they can clothe."1 The prediction hed been verified. "A bounty," says Mr. Gardiner, was offered for every fresh loom which was set up, and after a few weeks Carleton reported that as he went about the country to examine the progress that had been made, his ears were saluted with the busy sound of the shuttle in all directions."2 In the present emergency, Bacon does not seem to have had anything better to suggest than an act of authority, wholesome indeed and beneficial in itself according to his ideas, however condemnable according to ours, but promising at best only a temporary relief of the present distress.

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This appears to have been the state of the case when the two next letters were written.

A LETTER TO SIR GEORGE VILLIERS, ACKNOWLEDGING THE KING'S FAVOUR IN GRANTING SOME SUIT OF HIS.3

Sir,

I am more and more bound to his Majesty, who I think knowing me to have other ends than ambition, is contented to make me judge of mine own desires.

4

I am now beating my brains (among many cases of his Majesty's business) touching the redeeming the time in this business of cloth. The great question is how to miss or how to mate the Flemings, how to pass by them or how to pass over them.

In my next letter, I shall alter your stile: but I shall never whilst I breathe alter mine own stile, in being

Your true and devoted servant,

London,

22nd Aug. 1616.

FR. BACON.

2 Hist. of England, 1603-1616, vol. ii. p. 302.

1 Vol. V. p. 258.

3 Gibson Papers, vol. viii. f. 45. Fair copy in Meautys's hand.

4 So in MS. "cares" in Res.

TO THE KING.1

It may please your most excellent Majesty,

First, from the bottom of my heart I thank the God of all mercy and salvation that he hath preserved you from receiving any hurt by your fall; and I pray his divine Majesty ever to preserve you on horseback and on foot from hurt and fear of hurt.

Now touching the clothing business. For that I perceive the cloth goeth not off as it should, and that Wiltshire is now come in with complaint, as well as Gloucestershire and Worcestershire, so that this gangrene' creepeth on; I humbly pray your Majesty to take into your Majesty's princely consideration a remedy for the present stand, which certainly will do the deed; and for anything that I know will be honourable and convenient, though joined with some loss in your Majesty's customs, which I know in a business of this quality, and being but for an interim till you may negotiate, your Majesty doth not esteem. And it is this.

That your Majesty by your proclamation do forbid (after fourteen days, giving that time for suiting men's 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 silkwearers 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

1 Stephens's first Collection, p. 179, "from the original." There is a fair copy at Lambeth in Meautys's hand. (Gib. Pap. viii. f. 47). But there are two or three mistakes in it.

2 "Banquet" in the Lambeth MS.

4 "Your," in the Lambeth MS.

3 "Weavers," in the Lambeth MS.

5"Leaving an embroidery," in the Lambeth MS.

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