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The first is, touching the recusant magistrates of the towns of Ireland, and the commonalties themselves their electors, what shall be done? Which consultation ariseth from the late advertisements of the two lords justices, upon the instance of the two towns, Limerick and Kilkenny; in which advertisements they represent the danger only, without giving any light for the remedy; rather warily for themselves, than agreeably to their duties and places.
In this point I humbly pray his Majesty to remember, that the refusal is not of the oath of allegiance, which is not enacted in Ireland, but of the oath of supremacy, which cutteth deeper into matter of conscience. Also, that his Majesty will, out of the depth of his excellent wisdom and providence, think, and, as it were, calculate with himself, whether time will make more for the cause of religion in Ireland, and be still more and more propitious; or whether deferring remedies will not make the case more difficult. For if time give his Majesty advantage, what needeth precipitation to extreme remedies? But if time will make the case more desperate, then his Majesty cannot begin too soon. Now, in my opinion, time will open and facilitate things for reformation of religion there, and not shut up and lock out the same. For, first, the plantations going on, and being principally of protestants, cannot but mate the other party in time: also his Majesty's care in placing good bishops and divines, in amplifying the college there, and in looking to the education of wards and the like; as they are the most natural means, so are they like to be the most effectual and happy for the weeding out of popery, without using the temporal sword; so that, I think, I may truly conclude, that the ripeness of time is not yet come.
Therefore my advice in all humbleness is, that this hazardous course of proceeding, to tender the oath to the magistrates of towns, proceed not, but die by degrees. And yet, to preserve the authority and reputation of the former council, I would have somewhat done; which is, that there be a proceeding to seizure of liberties; but not by any act of power, but by Quo warranto, or Scire fucias: which is a legal course; and will be the work of three or four terms; by which time the matter will somewhat cool.
But I would not, in any case, that the proceeding should be with both the towns which stand now in contempt, but with one of them only, choosing that which shall be thought most fit. For if his Majesty proceed with both, then all the towns that are in the like case will think it a common cause; and that it is but their case to-day, and their own tomorrow. But if his Majesty proceed with one, the apprehension and terror will not be so strong; for they will think it may be their case as well to be spared as prosecuted: and this is the best advice that I can give to his Majesty in this strait; and of this opinion seemed my lord chancellor to be.
The second proposition is this: It may be his Majesty will be moved to reduce the number of his council of Ireland, which is now almost fifty, to
twenty, or the like number; in respect the greatness of the number doth both embase the authority of the council, and divulge the business. Nevertheless, I do hold this proposition to be rather specious and solemn, than needful at this time; for certainly it will fill the state full of discontentment : which in a growing and unsettled estate ought not to be.
This I could wish; that his Majesty would appoint a select number of counsellors there, which might deal in the improvement of his revenue, being a thing not fit to pass through too many hands, and that the said selected number should have days of sitting by themselves, at which the rest of the council should not be present; which being once settled, then other principal business of state may be handled at those sittings, and so the rest begin to be disused, and yet retain their countenance without murmur or disgrace.
The third proposition, as it is wound up, seemeth to be pretty, if it can keep promise; for it is this, that a means may be found to reinforce his Majesty's army there by 500 or 1000 men; and that without any penny increase of charge. And the means should be, that there should be a commandment of a local removing, and transferring some companies from one province to another; whereupon it is supposed, that many that are planted in house and lands, will rather lose their entertainment, than remove; and thereby new men may have their pay, and yet the old be mingled in the country for the strength thereof.
In this proposition two things may be feared; the one, discontent of those that shall be put off; the other, that the companies shall be stuffed with Tirones, instead of Veterani. I wish therefore that this proposition be well debated ere it be admitted. Thus having performed that which duty binds me to do, I commend you to God's best preservation. Your most devoted and bounden servant, FR. BACON.
Gorhambury, July 5, 1616.
CLIV. TO THE KING.*
IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, ACCORDING to your commandment, I send enclosed the preface to the patent of creation of Sir George Villiers. I have not used any glaring terms, but drawn it according to your Majesty's instructions, and the note which thereupon I framed and your Majesty allowed, with some additions which I have inserted. But I hope your Majesty will be pleased to correct and perfect it. Your Majesty will be also pleased to remember, that if the creation shall be at Roughford, your pleasure and this draught be speedily returned: for it will ask a sending of the bill for your Majesty's signature, and a sending back of the same to pass the seals, and a sending thereupon the patent itself; so * Stephens's Second Collection, p. 9.
it must twice be sent up and down before the day. God evermore preserve your Majesty.
Your Majesty's most devoted and most bounden servant,
28 July, 1616.
CLV. TO SIR GEORGE VILLIERS ON SEND-
I SEND you the bill for his Majesty's signature, reformed according to his Majesty's amendments, both in the two places, which, I assure you, were both altered with great judgment, and in the third place, which his Majesty termed a question only. But he is an idle body that thinks Majesty asks an idle question; and therefore his Majesty's questions are to be answered, by taking away the cause of the question, and not by replying.
For the name, his Majesty's will is law in those things; and to speak truth, it is a well-sounding and noble name, both here and abroad; and being your proper name, I will take it for a good sign that you shall give honour to your dignity, and not your dignity to you. Therefore I have made it viscount Villiers: and for your barony, I will keep it for an earldom; for though the other had been more orderly, yet that is as usual, and both alike good in law.
* Stephens's Second Collection, p. 10.
Sir John Roper, who had for many years enjoyed the place of the chief clerk for enrolling of pleas in the court of king's bench, esteemed to be worth about 40001. per annum, being grown old, was prevailed with to surrender it upon being created lord Teynham, with a reservation of the profits thereof to himself during life. Upon which surrender Sir George Villiers was to have the office granted to two of his trustees for their lives, as Carr earl of Somerset was to have had before. But the lord chief justice Coke not being very forward to accept of the surrender, or make a new grant of it upon those terms,
CLVI. TO SIR GEORGE VILLIERS, ON SEND-
For Roper's place,† I would have it by all means despatched and therefore I marvel it lingereth. It were no good manners to take the business out of my lord treasurer's hands; and therefore purpose to write to his lordship, if I hear not from him first by Mr. Deccomb. But if I hear of any delay, you will give me leave, especially since the king named me, to deal with Sir John Roper myself; for neither I, nor my lord treasurer, can deserve any great thanks of you in this business; considering the king hath spoken to Sir John Roper, and he hath promised and besides, the thing itself is so reasonable, as it ought to be as soon done as said. I am now gotten into the country to my house, where I have some little liberty to think of that I would think of, and not of that which other men hourly break my head withal, as it was at London. Upon this you may conclude, that most of my thoughts are of his Majesty ; and then you cannot be far off. God ever keep you, and prosper you. I rest always
Your true and most devoted servant,
I have sent you now your patent of creation of lord Blechly of Blechly, and of viscount Villiers. Blechly is your own; and I liked the sound of the name better than Whaddon; but the name will be hid, for you will be called viscount Villiers. I have put them both in a patent, after the manner of the patent of arms where baronies are joined: but the chief reason was, because I would avoid double prefaces, which had not been fit: nevertheless the ceremony of robing, and otherwise, must be double. And now, because I am in the country, I will send you some of my country fruits, which with me are good meditations: which, when I am in the city, are choked with business.
After that the king shall have watered your new dignities with his bounty of the lands which he intends you, and that some other things concerning your means, which are now likewise in intention, shall be settled upon you; I do not see but you may think your private fortunes established; and therefore it is now time, that you should refer your actions chiefly to the good of your sovereign and your country. It is the life of an ox or a beast always to eat, and never to exercise; but men are born, especially christian men, not to cram in their fortunes, but to exercise their virtues; and yet the other have been the unworthy, and sometimes the unlucky humour of great persons in our times; neither will your farther fortune be the farther off: for assure yourself, that fortune is of a woman's nature, that will sooner follow you by slighting than by too much wooing. And in this dedication of yourself to the public, I recommend unto you principally that which I think was never done since I was born; and which not done, hath bred almost a wilderness and solitude in the king's service; which is, that you countenance, and encourage, and advance able and virtuous men in all kinds, degrees, and professions. For in the time of some late great counsellors, when they bare the sway, able men were by design and of purpose suppressed; and though now since choice goeth better both in church and commonwealth, yet money, and turn-serving, and cunning canvasses, and importunity prevail too much. And in places of moment, rather make able and honest men yours, than advance those that are otherwise because they are yours. As for cunning and corrupt men, you must, know, sometimes use them, but keep them at a distance; and let it appear, that you make use of them, rather than that they lead you. Above all,
he was upon the third of October, 1616, commanded to desist
depend wholly, next to God, upon the king; and be ruled, as hitherto you have been, by his instructions; for that's best for yourself. For the king's care and thoughts concerning you are according to the thoughts of a great king; whereas your thoughts concerning yourself are, and ought to be, according to the thoughts of a modest man. But let me not weary you: the sum is, that you think goodness the best part of greatness; and that you remember whence your rising comes, and make return accordingly. God ever keep you.
Your true and most devoted servant,
Gorhambury, Aug, 12, 1616.
CLVII. TO THE KING, OF SIR GEORGE VILLIERS'S PATENT.
IT MAY PLEASE YOUR MOST EXCELLENT MAJESTY, I HAVE sent Sir George Villiers's patent drawn again, containing also a barony; the name Blechly, which is his own, and to my thinking soundeth better than Whaddon. I have included both in one patent, to avoid a double preface, and as hath been used in the patents of earls in the like nature: nevertheless the ceremony of robing and otherwise is to be double, as is also used in the like case of earls.
It resteth, that I express unto your Majesty my great joy, in your honouring and advancing this gentleman; whom to describe, not with colours, but with true lines, I may say this; your Majesty certainly hath found out and chosen a safe nature, a capable man, an honest will, generous and noble affections, and a courage well lodged, and one that I know loveth your Majesty unfeignedly, and admireth you as much as is in a man to admire his sovereign upon earth. Only your Majesty's school, wherein he hath already so well profited, as in this entrance upon the stage, being the time of the greatest danger, he hath not committed any manifest error, will add perfection to your Majesty's comfort and the great contentment of your people. God ever preserve your Majesty. I rest in all humbleness,
Your Majesty's most bounden and devoted subject and servant,
Gorhambury, Aug. 12, 1615.
CLVIII. TO SIR GEORGE VILLIERS, ON SENDING HIS PATENT SEALED.+
I TOOK much contentment in that I perceived by your letter, that you took in so good part the freedom of my advice, and that yourself in your own nature and judgment consented therewith. There is no service comparable to good counsel; and the reason is, because no man can do so much for another, as a man Rawley's Resuscitatio. Rawley's Resuscitatio, with corrections from the original.
may do for himself: now good counsel helpeth a man to help himself; but you have so happy a master as supplieth all. My service and good will shall not be wanting.
It was graciously and kindly done also of his Majesty towards me, to tell you that you were beholden to me; but it must be then for thinking of you as I do; for otherwise, for speaking as I think, I send you it is but the part of an honest man. your patent, whereof God give you joy; and I send you here enclosed a little note of remembrance for that part of the ceremony which concerneth the patent; for as for other ceremonies, I leave to others.
certainly will do the deed; and for any thing 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 silk weavers are likest to buy; and you shall show 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
Sept. 13, 1616.
MY VERY GOod lord,
Ir 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 enclosed my reasons, which I pray your lordship to show 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.
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.
Nevertheless I walk in via 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 we all draw in one way to effect that. If time, which is the wisest of things, prove • Stephens's First Collection, p. 181.
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,
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 com
CLXI. TO THE LORD VISCOUNT VILLIERS.* pany 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.
Monday, October 14,
CLXII. REASONS WHY THE NEW COMPANY
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 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 + Stephens's First Collection, p. 182.
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,
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 licences, I shall think fit, when that question cometh to me, to be † to the justice of assise, and not to those that follow this business therefore his Majesty may be pleased to consider what proportion or dividend shall be allotted to Mr. Mompesson, and those that shall follow it at their own charge, which useth in like case to be a fifth. So I ever rest
Your lordship's true and most devoted servant,
Nov. 13, 1616.
* Stephens's First Collection, p. 181.
Here (referred) or some word of the like import is omitted.
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 alehouses also by a subsequent patent: proceeding therein with so much rigour, that it was complained of in the parliament which begun in 1620-21, 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 accord- |
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 coroners' 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 proposeth to be at the hall to-morrow, 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.
ing 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.
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
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.