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the King, and that he holds him not excommunicate. He is not yet executed, nor I hear not when he shall.'

tence.

but no

Here again the King was content with obtaining the judicial senOwen remained indeed in prison for three years; further severity was used towards him, and in July 1618, the Spanish Ambassador obtained his full pardon, on condition that he left the country.2

4.

I do not know whether the occasion upon which Owen delivered himself of these treasonable doctrines had anything to do with the benevolence. If it had, it was the last of the troubles which grew out of it. The amount of the collection, though it probably fell short of the expectations of the movers, and very far short of what was wanted, was nevertheless no inconsiderable relief to an empty exchequer. Forty or fifty thousand pounds, though not enough, was not to be despised. It helped the present, and I do not find that it made the future more difficult. But the difficulty, though not aggravated, was still there. The benevolence may be said to have supplied means of meeting the extraordinary charges for about a year. But as it could not be repeated, the old question recurred-How was the next year to be provided for? and before the end of the vacation that question was once more formally referred to the Council. Concerning Bacon's views on the subject I shall be able in the next chapter to produce some new and important information. But I must first dispose of a few matters of smaller moment which belong to the summer of 1615.

The first that comes relates to one of those ordinary official businesses, the particulars of which it would be vain to seek and probably useless to find. Sir Gilbert Haughton had received a warrant for a patent, to which some objection had been taken by the Lord Chancellor, who hesitated to seal it. The King had directed his Attorney and Solicitor to inquire about it and learn the cause of the stay, and this is their report.

It seems that the objection (whatever it may have been) was ultimately waived. For I find in the Calendar of State Papers, under date 31 July 1615, the following entry :

"Grant to Sir Gilbert Haughton of three fourths of the fines accrued

1 S. P. Dom. James I., vol. lxxx. no. 102.

2 Gardiner, ii. p. 194. The pardon is dated 17 July 1618.

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to the King during the last ten years in the Common Pleas, which have been kept back after verdict, to be recovered by him.”1

TO OUR VERY GOOD FRIEND MR. JOHN MURRAY, OF HIS MAJESTY'S BEDCHAMBER.2

Good Mr. Murray,

According to his Majesty's pleasure by you signified unto us, we have attended my Lord Chancellor, my Lord Treasurer, and Mr. Chancellor of the Exchequer, concerning Sir Gilbert Haughton's patent stayed at seal; and we have acquainted them with the grounds of the suit, to satisfy them that it was just and beneficial to his Majesty. And for any thing we could perceive by any objection or reply they made, we left them in good opinion of the same; with this, that because my L. Chancellor (by the advice as it seemeth of the other two) had acquainted the Council table (for so many as were then present) with that suit amongst others, they thought fit to stay till his Majesty's coming to town, being at hand, to understand his furder pleasure. We purpose upon his Majesty's coming to attend his Majesty, to give him a more particular account of this business, and some other. Meanwhile, finding his Majesty to have care of the matter, we thought it our duty to return this answer to you in discharge of his Majesty's direction. We remain, Your assured friends,

6 Jul. 1615.

5.

FRANCIS BACON,
HENRY YELVERTON.

The next relates to a business of which we shall hear more, and which requires a few words of introduction.

The company of Merchant Adventurers, whose charter gave them a monopoly of the cloth-trade with the Netherlands, were licensed to export (statutes to the contrary notwithstanding) cloths undyed and undressed. This threw the clothworkers and dyers of London out of work; who thereupon petitioned the King that the statutes might be enforced and no licences granted. The King referred the petition to the Council; before whom, in March 1612-13, the parties were ordered to appear and give their reasons on both sides. It seems that the petitioners were thought to have the best of the ar

1 Cal. of S. P. Dom. James I., p. 299.

2 Balfour MSS.

gument; for in the following year (though the reasons on the Company's part were strengthened by the offer of a considerable profit to the Crown) a proclamation was issued (23 July 1614) prohibiting the exportation of cloths undyed and undressed after the 2nd of November; and revoking all special licences for the same which had been granted to the Merchant Adventurers and others.1 The Merchant Adventurers, knowing by experience that the market would not bear such a restriction, shortly after resigned their charter. But there are always men who know in theory how to do anything which they have not had to do in fact; and a new Company was formed which undertook to conduct the trade so as to keep in the hands of the English workman the dyeing and dressing as well as the weaving. A short trial showed them that they had undertaken too much. The clothiers complained that they could not sell their cloth, and the cloth-workers that they had less work than before: and they were obliged to apply to be relieved from the prohibition to export undyed and undressed cloths until the workmen were provided.2 They did not ask to be released from their undertaking to export a certain quantity dyed and dressed every year; and they still held to their promise of recovering the whole trade in time. Their charter bound them to export 6000 cloths dyed and dressed in the first year: they were prepared to export 12,000 in the second: hoped to undertake 18,000 in the third; and in time to dye and dress all the cloth they exported, according to their charter. But in order to set the trade on its legs it was necessary at first that they should have liberty to export "whites." To keep a trade within the country and out of the foreigner's hands, was in those days allowed by everybody to be a national benefit, whatever it might cost; and the Government, believing in the promises of the New Company, agreed to give them a fair trial. A "grant of incorporation with divers privileges to the New Company of Merchant Adventurers is dated 29 August 1615, and this, I presume, was the grant to which Bacon's next letter refers.

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A LETTER TO THE KING, CONCERNING THE NEW COMPANY. 12 AUG. 1615.3

It may please your most excellent Majesty,

Your Majesty shall shortly receive the bill for the incorpo

1 Cal. S. P. Dom. James I., p. 247.

2 Chamberlain to Carleton, 23 Feb. 1614-15: and 25 May 1615. S. P. Dom. James I., vol. lxxx. nos. 38, 108.

3 Answer of the New Company to the Council, 7 June 1615. S. P. vol. lxxx.

no. 112.

3 Gibson Papers, viii. f. 20. Fair copy, in Bacon's hand.

ration of the new company, together with a bill for the privyseal, being a dependency thereof: for this morning I subscribed and docketed them both. I think it therefore now time to represent to your Majesty's high wisdom that which I conceive and have had long in my mind concerning your Majesty's service and honourable profit in this business.

This project, which hath proceeded from a worthy service of the Lord Treasurer, I have from the beginning constantly affected; as may well appear by my sundry labours from time to time in the same: for I hold it a worthy character of your Majesty's reign and times; insomuch as though your Majesty mought have at this time (as is spoken) a great annual benefit for the quitting of it, yet I shall never be the man that should wish for your Majesty to deprive yourself of that beatitude, Beatius est dare quàm accipere, in this cause: but to sacrifice your profit (though as your Majesty's state is it be precious to you) to so great a good of your kingdom: although this project is not without a profit immediate unto you, by the increasing of customs upon the materials of dyes.

But here is the case. The new company by this patent and privy seal are to have two things wholly diverse from the first intention, or rather ex diametro opposite unto the same; which nevertheless they must of necessity have, or else the work is overthrown so as I may call them mala necessaria, but yet withal temporaria. For as men make war to have peace; so these merchants must have licence for whites, to the end to banish whites; and they must have licence to use tenters, to the end to banish tenters.

This is therefore that I say. Your Majesty upon these two points may justly and with honour, and with preservation of your first intention inviolate, demand profit in the interim, as long as these unnatural points continue, and then to cease. For your Majesty may be pleased to observe, that they are to have all the old company's profit by the trade of whites; they are to have again, upon the proportion of cloths which they shall vent dyed and dressed, the Flemings' profit upon the tenter. Now then I say; as it had been too good husbandry for a king to have taken profit of them, if the project could have been effected at once, as was voiced; so on the other side it might be perchance too little husbandry and providence to take nothing of

them for that which is merely lucrative to them in the meantime. Nay I say further, this will greatly conduce and be a kind of security to the end desired. For I always feared, and do yet fear, that when men by condition merchants, though never so honest, have gotten into their hands the trade of whites, and the dispensation to tenter, wherein they shall reap profit for which they never sowed, but have gotten themselves certainties, in respect of the state's hopes, they are like enough to sleep upon this as upon a pillow, and to make no haste to go on with the rest. And though it may be said, that that is a thing will easily appear to the state, yet no doubt means may be devised and found to draw the business in length. So that I conclude, that if your Majesty take a profit of them in the interim (considering you refuse profit from the old company), it will be both spur and bridle to them, to make them pace aright to your Majesty's end.

This in all humbleness, according to my vowed care and fidelity, being no man's man but your Majesty's, I present, leave, and submit, to your Majesty's better judgment; and I could wish your Majesty would speak with Sir Thomas Lake in it; who, besides his good habit which he hath in business, beareth methinketh an indifferent hand in this particular; and (if it please your Majesty) it may proceed as from yourself, and not as a motion or observation of mine.

Your Majesty need not in this to be straitened in time, as if this must be demanded or treated before you sign their bill. For I foreseeing this, and foreseeing that many things mought fall out which I could not foresee, have handled it so, as with their good contentment there is a power of revocation inserted into their patent. And so commending your Majesty to God's blessed and precious custody, I rest,

Gorhambury this 12th of Aug., 1615.

Your Majesty's most humble

and devoted subject and servant,

FR. BACON.

6.

A letter found by Birch among the manuscript collections of Robert Stephens, but not included in either of his printed collections,

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