1623.] DRAUGHT OF AN ACT AGAINST USURY. 419 'tis either a whining where there is no cause, or else a mistaking. For it is not to be understood as if merchants did drive their whole trade upon borrowing at ten in the hundred. For all of them in effect have some stock of their own, and the borrowing at interest is but supplemental at times. The bridge or passage from the Practice to the Reformation. This course propounded is so moderate and safe, that it is rather upon a way than upon a bridge. For the great fear, which is the sudden stand of trade by withdrawing the monied men's purse (which is the pool that fills the rivers) is holpen by the licence. Only this would be added, That the King, by his proclamation or ordinance published, do warrant and require the Chancery and other Courts of Equity to give such remedy as to conscience appertains, where the usurer by occasion of this reformation doth call in his money too suddenly: and to give the debtors favourable and convenient day, paying the new rates and upon reasonable security. The Conclusion. By this proposition the violence of usury will be assuaged; monies will by degrees find the way to other imployments; there will be no fear of the stand of trade for the present; and the King shall reap some profit, but accompanied both with a remission of penalty and with the honour of a Reformation. Another proposal for legislation concerning a different form of usury was found among Bacon's papers, of the occasion or date of which nothing is known, and which therefore may be most conveniently introduced here. It was first printed, I believe, in Blackbourne's edition of Bacon's works, from which I take it; being the only authority I know of. A DRAUGHT OF AN ACT AGAINST AN USURIOUS SHIFT OF GAIN IN DELIVERING OF COMMODITIES INSTEAD OF MONEY, made by the Lord Chancellor Bacon, found amongst his Lordship's papers by Dr. Rawley, and recommended by him to be published.1 Whereas it is an usual practice, to the undoing and over1 Blackbourne's edition of Bacon's works (1730), vol. iv. p. 145. throwing many young gentlemen and others, that when men are in necessity, and desire to borrow money, they are answered, that money cannot be had, but that they may have commodities sold unto them upon credit, whereof they may make money as they can in which course it ever comes to pass, not only that such commodities are bought at extreme high rates, and sold again far under foot to a double loss; but also that the party which is to borrow is wrapt in bonds and counter-bonds; so that upon a little money which he receiveth, he is subject to penalties and suits of great value. Be it therefore enacted, by the authority of this present parliament, that if any man, after forty days, from the end of this present session of parliament to be accounted, shall sell in gross sale any quantity of wares or commodities unto such a one as is no retailer, chapman, or known broker of the same commodities, and knowing that it is bought to be sold again, to help and furnish any person that tradeth not in the same commodity with money, he shall be without all remedy by law, custom, or decree, or otherwise, to recover or demand any satisfaction for the said wares or commodities, what assurance soever he shall have by bond, surety, pawn or promise of the party, or any other in his behalf. And that all bonds and assurances whatsoever made for that purpose directly or indirectly, shall be utterly void. And be it further enacted, by the authority aforesaid, that every person, which shall after the time aforesaid be used or employed as a broker, mean or procurer, for the taking up of such commodities, shall forfeit for every such offence the sum of one hundred pounds, the same to be, etc., and shall be farther punished by six months' imprisonment, without bail or mainprise, and by the pillory. 15. Towards the end of April, Toby Matthew went to join the party at Madrid; and being in good favour with Buckingham, intimate both with Digby and Gondomar, and the more acceptable to the Spanish Court because he was a Roman Catholic, became for Bacon a valuable channel of communication. The correspondence which follows will explain itself. 1623.] SUIT FOR THE PROVOSTSHIP OF ETON. 421 TO THE R. HON. HIS VERY GOOD FRIEND SIR ED. CONWAY, PRINCIPAL SECRETARY TO HIS MAJESTY.1 Good Mr. Secretary, I received right now an advertisement from a friend of mine who is like to know it that Mr. Murray is very ill and that (so are the words of his letter) not only his days but his hours are numbered. You have put my business 3 into a good way, and (to tell you true) my heart is much upon this place, as fit for me, and where I may do good. Therefore Sir I pray you have a special eye to it, and I shall ever acknowledge it to you in the best fashion that I can; resting Your very affectionate friend, Graies Inn, FR. ST. ALBAN. TO SIR DUDLEY CARLETON.4 My Lord Ambassador, This gentleman Mr. Jocelyn served me when I kept the seal. I found him honest and orderly. He desireth to be favoured in a Coronell's company, and hopeth to obtain it by your good mean and your endeavour by my recommendation, which I would be very glad he should, and most heartily pray you to be his help for my sake, ever resting Your Lordship's very affectionate friend, Gray's Inn, this 15 of Ap. 1623. TO COUNT GONDOMAR.5 Illustrissime Comes, FR. ST. ALban. Primo loco, ut debeo, gratulor Dom. tuæ illma novum honoris tui gradum, per se sublimem sed ex causâ propter quam evectus es haud parum nobilitatum. Profectio Dom. Tobiæ Matthæi, qui mihi est tanquam alter ego, ut Dom. tua ill. optimè 1 S. P. Dom. James I. vol. cxlii. no. 40. 2 In the original the parenthesis begins at "and;" evidently by mistake. 3 The suit for the Provostship of Eton. * State Papers. Holland correspondence. (Communicated to me by Mr. S. R. Gardiner.) Gibson Papers, vol. viii. f. 184 (c). Rough draught in Bacon's hand. No fly. leaf. Indorsed "L" St. Alb. to Gondomar, sent by Mr. Matthew." novit, in illas partes, memoriam mihi renovat eximii tui erga me favoris, cum me pluries paulo ante discessum tuum in campis, in urbe, visitares, et prolixè de voluntate tuâ erga fortunas meas pollicereris; quinetiam tam apud Regem meum quam apud Marchionem de illis sedulo ageres, ut etiam promissum ab illis de postulatis meis obtinueris. Quod si illo tempore quis mihi genius aut vates in aurem insusurrasset et dixisset, Mitte ista in præsens Britannia est regio paulo frigidior: differ rem donec Princeps Galliæ et Marchio Buckinghamiæ et Comes de Gondomar conveniant in Hispaniâ, ubi hujusmodi fructus clementius maturescunt: quin et aderit idem Dom. Tob. Matthæus, qui illic quemadmodum nunc instabit et negotium promovebit ; scilicet risissem, sed fidem prorsus non adhibuissem. Quare, illustrissime Comes, cum talia miracula edideris in fortunâ publicâ, etiam in fortunâ amici et servi tui privatâ, eniteat virtus tua. Miraculum enim potentiæ et fidei proles est. Tu potentiam habes, ego fide abundo; si modo digna sit res, ad quam Dom. tua ill. manum salutarem porrigat. Id tempus optimè demonstrabit. Cum nuper ad Dom. tuam ill. scripserim, eo brevior fio. Hoc tantum a te peto, ut etiam inter tanta negotia quæ feliciter administras, consuetam digneris Dom. Matthæo libertatem proponendi et consulendi apud te ea quæ in rem meam fore videbuntur. Deus ill. tuam Dom. servet incolumem, ut enixè optat, etc. Among the Lambeth papers there is placed beside this letter a rough draft of it in English. Most of it is in the hand of an amanuensis, written no doubt to dictation. But the corrections and the last five lines are in Bacon's own hand.1 Excellent Count, I do first, as I ought, congratulate with you your new honour:2 which though great in itself, it is much greater because it was given you upon so noble a ground. The repair of Mr. Matthews, my true friend, as your Lordship well knoweth, into those parts makes me call to mind those great and singular favours which upon your noble visits both in field and town by his means and appointment 1 Gibson Papers, vol. viii. f. 184 (a). 2 Gondomar had just been admitted into the Council of State. 1623.] LETTERS TO GONDOMAR AND BUCKINGHAM. 423 your Lordship vouchsafed me a little before your departure, and the great endeavours which your Lordship used both with the King and the Marquis for my fortunes. At that time if one had whispered me in the ear, and said stay these things : England is a cold country: defer them till the Prince of Wales and the Marquis of Buckingham and the Count Gondomar meet in Spain, where fruits ripen faster: I should have smiled at it. But since your Lordship hath had power to work these miracles in a public fortune, it is a much less matter for you to work a miracle in the fortune of a private friend; and since your Lordship hath power and I have faith, a miracle is soon wrought, if your Lordship think it worth the stretching forth your noble hand. Having written so lately to your Lordship, I shorten this letter; only desiring your Lordship to give Mr. Matthews the same freedom to propound or advise with your Lordship concerning my business as heretofore you have vouchsafed, and resting TO THE MARQUIS OF BUCKINGHAM.1 Excellent Lord, Though I have troubled your Lordship with many letters, oftener than I think I should (save that affection keepeth no account), yet upon the repair of Mr. Matthew, a gentleman so much your Lordship's servant, and to me another myself, as your Lordship best knoweth, you would not have thought me a man alive, except I had put a letter into his hand, and withal by so faithful and approved a mean commended my fortunes afresh unto your Lordship. My Lord, to speak my heart to your Lordship, I never felt my misfortunes so much as now, not for that part which may concern myself, who profit (I thank God for it) both in patience, and in settling mine own courses. But when I look abroad, and see the times so stirring, and so much dissimulation, falsehood, baseness and envy in the world, and so many idle clocks going in men's heads; then it grieveth me much, that I am not sometimes at your Lordship's elbow, that I mought give you some of the fruits of the careful advice, modest liberty, and true 1 Tanner MSS. 73, (2) f. 313. Original. Docketed, 'a copy of a letter to my Lord of Buckingham, by Mr. Matthew." |