written by my Lord Villiers to me the Attorney, which I thought good to acquaint my Lord Chancellor withal; the better to give your Majesty satisfaction. And we most humbly desire your Majesty to think that we are and ever shall be ready to perform and obey your Majesty's directions; towards which the first degree is, to understand them well.

In answer therefore to both the said letters, as well concerning matter as concerning time, we shall in all humbleness offer to your Majesty's wisdom the considerations following:

First, we did conceive, that after my Lord Coke was sequestered from the table and his circuits, when your Majesty laid upon him your commandment for the expurging of his Reports, and commanded also our service to look into them and into other novelties introduced into the government, your Majesty had in this your doing two principal ends :

The one, to see if upon so fair an occasion he would make any expiation of his former faults, and also shew himself sensible of those things in his Reports which he could not but know were the likest to be offensive to your Majesty.

The other to perform de vero this right to your crown and succession, and your people also; that those errors and novelties mought not run on and authorize by time, but mought be taken away, whether he consented to it or no.

But we did not conceive your Majesty would have had him charged with those faults of his book, or those other novelties; but only would have had them represented to you for your better information.

Now your Majesty seeth what he hath done, you can better judge of it than we can; if upon this probation, added to former matters, your Majesty think him not fit for your service, we must in all humbleness subscribe to your Majesty, and acknowledge that neither his displacing (considering he holdeth his place but during your will and pleasure) nor the choice of a fit man to be put in his room, are council-table matters, but are to proceed wholly from your Majesty's great wisdom and gracious pleasure. So that in this course, it is but the signification of your pleasure, and the business is at an end as to him; only there remaineth the actual expurgation or animadversions of the books.

But if your Majesty understand it that he shall be charged;

then, as your Majesty best knoweth, justice requireth that he be heard and called to his answer; and then your Majesty will be pleased to consider before whom he shall be charged; whether before the body of your Council (as formerly he was), or some selected commissioners (for we conceive your Majesty will not think it convenient it should be before us two only). Also the manner of his charge is considerable, whether it shall be verbal by your learned counsel (as it was last); or whether, in respect of the multiplicity of matters, he shall not have the collections we have made in writing delivered to him. Also the matter of his charge is likewise considerable, whether any of those points of novelty which by your Majesty's commandment we collected, shall be made part of his charge; or only the faults of his books, and the prohibitions and habeas corpus, collected by my Lord of Canterbury. In all which course we foresee length of time, not so much for your learned counsel to be prepared (for that is almost done already), but because himself no doubt will crave time of advice to peruse his own books, and to see whether the collections be true and that he be justly charged, and then to produce his proofs that those things which he shall be charged with were not conceits or singularities of his own, but the acts of court; and other like things, tending to excusation or extenuation; wherein we do not see how the time of divers days, if not of weeks, can be denied him.

Now for time (if this last course of charging him be taken), we may only inform your Majesty thus much, that the absence of a Chief Justice (though it should be for a whole term1 as it hath been often upon sickness) can be no hindrance to common justice; for the business of the King's Bench may be dispatched by the rest of the Judges, his voice in the StarChamber may be supplied by any other Judge that my Lord Chancellor shall call, and the trials by nisi prius may be supplied by commission.

But as for those great matters of discovery, we can say nothing more than this, that either they are old or new; if old, he is to blame to have kept them so long; if new, or whatsoever, he may advertise your Majesty of them by letter, or deliver them by word to such councillor as your Majesty will assign.

1 In the MS. the parenthesis ends here: but I think it must have been meant to include the next clause.

VOL. VI.

G

Thus we hope your Majesty will accept of our sincerity, having dealt freely and openly with your Majesty, as becometh us and when we shall receive your pleasure and direction, we shall execute and obey the same in all things; ending with our prayers for your Majesty, and resting

Your Majesty's most faithful, and
most bounden servants,

October 6, 1616.

T. ELLESMERE CANC.
FR. BACON.

4.

While waiting for the King's directions upon the points raised in the foregoing letter, Bacon returned to the consideration of the great cloth question. His last advice had been for the application of a remedy merely temporary and palliative, to relieve the immediate distress. To set the business on a good footing permanently, he thought it necessary to get it out of the hands of the new Company; and the next letter, with its enclosure, sufficiently explains his reasons.

TO THE LORD VISCOUNT VILLIERS.1

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 vid regia, which is not absolutely 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

1 Stephens's first collection, p. 181, from the original. There is a fair copy of this letter at Lambeth, in Meautys's hand, not materially differing. But I take Stephens's copy to be the better authority.

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 of 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,
FR. BACON.

Monday, 14th of October,

at 10 of the clock.

REASONS WHY THE NEW COMPANY IS NOT 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-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 Cockaine, 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 1 Stephens's First Collection, p. 182. From the original.

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 Blackwell-hall, (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.

5.

The next letter refers to one of the monopoly-patents, which became afterwards a matter of great importance and a subject of Parliamentary inquiry. At present it was only a project, and under reference to certain Judges, who were to certify for the King's information whether there was any objection to it in point of law; the question of "conveniency " being at the same time referred to some selected councillors,-Suffolk, Winwood, Lake, with Serjeants Montague and Finch. The ostensible object was to correct abuses and disorders in the trade of innkeeping, by forbidding any one to keep an inn without a licence, and appointing commissioners to see that licences were granted only to fit persons.1

1 For a full account of this patent, see Mr. S. R. Gardiner's paper "On Four Letters from Lord Bacon to Christian IV., King of Denmark :" printed in the Archæologia, vol. xli.