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"To contend with men that deny their owne publike Acts, is a hard taske; yet for better manifestation of truth to the Honourable House of Commons, its necessary that somewhat more be said, touching the WineProiect. IT hath been already set forth, and plainely shewed, even by the orders of Vintners Hall. That the retailing Vintners of London contrived that Project at their common Hall in November, 1637. That they prosecuted it, and petitioned for it; And as it appears by the Project it selfe, that none but the Vintners could have contrived it. So the truth is, the covetousnesse of the Vintners, with their desire to Monopolize the sole retailing of Wines, and their pride and malice to the Coopers put them upon it. Their covetousnesse; For they propounded, and would have no lesse then 4.l. a Tunne on all French, and 8.l. on Spanish Wines, to pay the King 40.s. restitution of 6000.l. liberty to dresse meat, sell Sugar, Beere, and Tobacco: restraint of Wines Licenses in or neere the Citie, inlargement of their Charter, and other great benefits: and all this forbare 40.s. a Tun to the King. Their pride and malice to the Coopers. They would not have a Cooper to live, but as their servant, the poore Coopers must not sell a rundlet of Wine, they must be suppressed, to advance their Lords & Masters, the London Vintners, that so they might Monopolize to themselves the retaile of Wines both in Citie and Country. That was the Vintners end by this Project, for by it they tied up the Marchant from selling to Coopers or Countrey Vintners. And albeit the truth of these particulars appeares clearely by the Project it selfe, and the Vintners orders: yet the Vintners are not ashamed to affirme, and that in Print too, in the front of their untrue relation, First, that the generalitie of Retailers disliked this Project. Secondly, that whatsoever they did in it, was by compulsion. Thirdly, that they received great and insupportable losse by it. What truth is in these men? Doth it not plainly appeare by their owne Order of the 22. of November, 1637. That the generality of Retailers contrived it at their Hall, and have they not all taken the benefit of it, viz. a penny and two pence in the quart? Is it then to be beleeved that they disliked it? And what can be more manifest, then that it was the designe and worke of the generality. For the whole Comittee could not, much lesse could Alderman Abel, or any particular man, conclude any thing in it without the consent and direction of the generalitie, as appears fully by the Orders of the sixt, the 22. and the 27. of November, 1637. The Comittee was from time to time to give account of their proceedings to the Generalitie, and were so limited by the orders of the generality. Doth it not appeare by their foresaid Order of the 27. of November, that they petitioned for it. Did they not ratifie and confirme it at a generall Court, as by their Order of the seventh of February 1637. and by eight subsequent Orders made at their common Hall? How vaine then is their pretence of threats, or compulsion. As to the third, That they received great, and almost insupportable losse by it. Doe not all men know that from February 1637. to December 1640. the Vintners have taken on all French Wines 4.l. a Tun, and from February 1637. to this day, being above three yeares and an halfe, on Spanish Wines 8. pound and 12. pound a Tunne, above the set price, and not paid the 40. shillings to the King, one full yeare and halfe. All these excessive gaines they have exacted by colour of this their Project. Ought they not then to bee ashamed to set forth in Print, that they have received great, and insupportable losse by it? But what falshood will not these Vintners affirme for truth, and what truth will they not deny and outface, who say, they have great losse by this Project, when their gaine is so notorious, and deny their owne Orders which they made at their common Hall? Their Orders which they would now denie, have been severall times proved at the Comittee, and out of those their owne Orders (against which no modest or honest men would contend) they have upon tenne severall hearings, beene foure times voted by the Comittee, to bee the Contrivers and Prosecutors of this Project, and Delinquents, and they have been twice so voted by the whole house Commons in these words. Die Mercurij 21. Iulij 1641. Resolved upon the Question. THat the Company of Vintners by their owne offer of 40. shillings per Tunne upon Wines to his Majestie, and demands of libertie to raise a penny per Quart upon French, and two pence a Quart upon Spanish Wines, and prosecuting the businesse, as appeareth by their own Orders, are Contrivers of the said unlawfull Impositions, and are Delinquents. Resolved upon the Question. THat all those Vintners that were parties to the Indentures, Sharers and Contrivers of the said Imposition of 40. shillings per Tunne, and one penny per Quart are Delinquents, and ought to give satisfaction to the Common-wealth. In these Votes there can bee no error: For it appeares clearly by the Vintners Booke of Orders of their Hall, That they offerd the 40. shillings a Tunne, and demanded libertie to raise a penny, and two pence a quart, and prosecuted the businesse; An infallible proofe against them, in which there can be no corruption, and against which no exception can be taken; their owne Booke condemnes them. And the Vintners and seven Counsellors for them were heard by the Comittee, above tenne severall daies with much patience; and upon the testimony of their owne booke of Orders they were on the 17. of Iune, 1641. Voted by the Comittee to be the Projectors, Contrivers and Prosecutors of the said Project, and Delinquents; and that Uote was foure times confirmed by the Comittee. These Uotes standing good against the Uintners, as they are most iust, Master Kilvert is much comforted in a strong Faith, That he shall shew just cause to the Honourable House of Comons to alter their Uotes against him. First, in regard that since that Uote against him, he hath made a materiall part of the truth to appeare, which then he could not so cleerely manifest. Secondly, for that he is ready now to make the whole truth of the business, fully and clearly to appeare, both touching the creation and execution thereof. And in truth, it is another thing then it appeared to the Comittee to be, when he was Uoted. The part of the truth, which he hath already made to appeare, is: That the retailing Vintners contrived this Project amongst themselves, at their common Hall, in November, 1637. Petitioned for it, and prosecuted it. That which he is now ready to prove, is First, that he was not present at, or privie to, the framing or contriving of the said Project; nor came, or sate amongst the Vintners in their Assembles at their Hall, or elsewhere, untill they had contrived, and concluded upon the said Project, and that the chiefe Vintners present at those meetings, have often acknowledged asmuch. Secondly, That a principall witnesse examined against him, when he was voted by the Comittee, hath since his examination acknowledged (as the truth is) that hee was mistaken in the maine point of his testimony. Thirdly, that all those that testified against him, when he was Voted by the Comittee are parties to the Project, and Delinquents; viz. Parties to the Originall contriving the Project. Parties to the indentures of creation, of the Project: And Parties that tooke benefit by the Project. So that they all spoke in excuse of themselves. These particulars he could not so fully prove before the Vote, being much streightned in time by Master Hearne, of Counsell for Alderman Abell, who spent almost two daies in recrimination of Master Kilvert, against truth, and the direction of his clyent, and left not Kilvert two houres for his defence. And fithence these particulars are so materiall, and necessary to master Kilverts just defence, he cannot doubt of the goodnesse of the House of Commons (so great lovers of truth) that they will be pleased to admit him to prove the truth. Lastly, touching the Execution, It appeares fully by a Letter written, and sent to Alderman Abel and master Rowland Wilson, by George Griffith, and confessed by Griffith before the Comittee, that the said Griffith projected and designed the manner of Execution of this Project, and he accordingly put it in Execution, and had 200. pound a yeare Fee for the same. The Letter and Instruction follow in these very words. LAtely meeting with some Judiciall men who were conferring about your present Contract, some said it would be a profitable businesse, if well managed; and confessed that none so fit to manage it as our Company: J was bold to reply, that J was assured it would be well managed, and that we had as able men, both wett and dry Vintners in our Company, to contrive and doe it as any otherwhere could bee selected: and therefore to make good my word, and that the event should proove it, J being a member of our Company, and one of the Assistance, J hold it my dutie to note any thing that will any way advance the said Companies honour and profit: and therefore I present the above written unto your Worhips, which I acknowledge to be meane to your abilities and grave experience; Yet if you please but to peruse it, and to make use of any thing therein fit for your better remembrance, I shall take it as a favour: and so to God Almighty recommending you and all your Worhips good endeavours. I shall ever rest Advice for the better advance of the Worshipfull Company of Vintners Contract, now with his gracious Majestie, and Licenses with the Right Honourable, George, Lord Goring. THe Contractors to have a speciall care to obtain as large a grant, as can be granted, and in particular. 1. That the two Articles first proposed, be absolutely confirmed; especially, those that concerne the libertie, fredome, and good of the Retailing Vintner, as is best knowne to your Worships. 2. That in the Grant a provizo bee made, That his Majestie and his Heires shall put no further Custome, Impost, or charge on Wines, then is at the making of the Grant. 3. That defalcation be made in case of war with France or Spaine. 4. That defalcation bee made in case of plague, or great mortalitie. 5. That defalcation bee made in case any Marchant or Retailer should refuse to pay the 40. shillings per Tunne, and that the Contractors using all possible meanes, and cannot by Law or power compell paiment, in such case fit his Majestie make defalcation. 6. That his Majestie grant an ample Commission to some eminent Nobleman, and to the Contractors and their Deputies, to take and leavie the 40. shillings per Tunne, and for the future, that the Marchant register their sales in thirtie dayes, or in default that hee pay the 40. shillings per Tunne, for such Wines as by the Custom-house, or otherwise, it shall appeare he hath received. 7. That before the day of the commencement of the Contract, that a generall search be made in all Sellars of Wines, and register be taken of them, that the Contractors may receive the 40. shillings per Tunne. 8. That his Majesties rent be made payable once, or at most, but twice in one yeare. 9. That the Contract bee made for at least 14. yeares, and if that will not be granted, then to be well advised, whether you will take the Lord Gorings Licences from him or his Majestie, if you can procure 14. yeares from his Majestie, then all to be taken from his said Majestie; otherwise, under your favour, I hold it fittest you take the Licenses, and continue it from the Lord Goring, and my reason is, that if from his Majestie you have but a short time, and the Contract by your Industry made profitable, others may Farme it heereafter from you, which if you have the Licenses, they will not be so ready, or so able to doe, and so by that meanes you may be assured to have it for 14. yeares. 10. That whereas Sir Iohn Rainenam K. hath the Licenses for Cornwall and Devon. it is very fit for you likewise to take it in, which may bee easily done, and hope on reasonable tearmes, and to move him to grant it, you may advise, that all Marchants that importeth Wines into those parts, must pay 40. shillings per Tunne, and that you will not grant the Retailers in those parts, to sell for a penny a Quart above the rates, except they will come in to you. 11. That you have his Majesties Proclamation, signifying his gracious pleasure for paiment of the 40. shillings per Tun, &c. as Counsell shall advise. Now, as by the Orders of Vintners Hall it appeares, and is so Voted, that this Project was contrived by the Company of Vintners: So it also appeares by this Letter of Griffith, (who was one of the principall Contrivers) That it was designed for the advancement of the Company, and the benefit of the generality: and that Griffith was the principall Projector and contriver in the execution. On the seventh of February, 1637. at a general Court at Vintners Hall, the Project was confirmed by the Generality, and the Contractors named; and six daies after, viz. the 13. of February, Griffith writes to the two principall pillars of the Company, and directs the forme and manner of execution, for the best advancement of the Company. So that now this whole businesse being found to be the worke of the Company, both in the creation and execution, Master Kilvert, is most confident of the justice of the Honorable House of Commons, That they will not punish him for the Vintners offence, there being no Petition, or complaint against him, other then the recrimination of the Counsell of Aldermann Abell, and the Vintners. The truth of the fact touching Kilvert, now manifestly appearing otherwise, then when he was Voted; It can no way derogate from the Honour and Justice of the Honourable House of Commons to recall their Uote. Which hee most humbly prayes, they will vouchsafe to doe in their wonted goodnesse, the rather, sithence by his endeavour and sole charge a great summe of money will bee justly raised from the severall Vintners, that have unjustly taken it from the Subject, by colour of this their Project. For the gaine that the Vintners have made by this Project, It hath beene already shewen and proved before the Comittee, to amount to above two hundred thousand pounds. This their gaine hath risen three several waies. First, by beating downe the Marchants prices, by which alone they have gained, in these three last yeares, above sixtie thousand pounds: this was proved before the Comittee, by Marchants of worth, and appeares by the Marchants prices of the sales of their Wines, certified by order of the Comittee. Secondly, By the penny a Quart on al French, and two pence a Quart on Spanish Wines, Wherby they have gained above one hundred and thirtie thousand pounds, more then they have paid to his Majestie, as by account of the Wines imported in that time, and sold to Vintners, may appeare. Thirdly, By their super-Project upon Spanish Wines, in selling Malligaes and Sherries at the price of Canarie, which is 12.l. a Tunne above the set price, And by this particular, they have gained thirty thousand pounds since February, 1637. when they first tooke the benefit of their Project. Their pretenses of Undergage, Lees, Lecage, long keeping, decay on their hands, and bad debts, are sleight Maskes for their falsehood. Touching Vnder-gage. It was proved before the Comittee, by the testimony of worthy Marchants, Captaine Langham, Captaine Rowden, and others, That all Gascoigne Wines are full gage, and overgage, and those smaller Wines which want of gage are cheap Wines, 3.4.5. nay, 6.l. a Tun under the set price; and no vessell of French Wines wants the value of 20. shillings a Tun in gage. And for Lees, Lecage, and long keeping, they have little relation to the penny a quart, for the charge and inconvenience to the Vintners was the same upon 6.pence a quart, as it is upon 7.pence at most, within the seventh part of 40. shillings a Tunne. For the decay of Wines on their hands: Their Wines were as subject to that before. But its especially provided by the Contract; that they are not to pay, neither did ever Vintner pay for any decaied Wines. Bad debts is as absurd a pretence as the rest, for the penny and two pence a quart occasions no bad debts. How deceitfull then are the allegations and pretenses of the Vintners? when no word of truth is found in any one of them. And what can bee said in their defence. That have still kept this Project on foot to this day, in all parts of their owne private gaine, and the Subjects greevance, and that in contempt of the Votes of the Honourable House of Commons. For although they excuse it by the dearth of French Wines this last Vintage, yet all men know, that Spanish Wines have not beene so cheape for many yeares, And the Vintners (notwithstanding the Vote) have continued the two pence a quart on those Wines being 8. pound a Tunne to this day, and paid the King nothing. And it is a knowne truth that they gaine 6. pence in every 14. pence for a quart of Malliga and Sherry, and 5. pence in every quart of Canary. And they have this yeare drawne three quarts of Spanish for one of French Wine. And it appeares by the severall Entries in the Custome-house at London, onely, That from Michaelmas 1639. to Michaelmas 1641. being but two yeares, there was imported of Spanish Wines, 19901. Tuns. The Lecage whereof being taken out at 15. per cent. there remaines in neate Wine, full 16915. Tuns. Which at 4. pound a Tun, comes to 67660. pound. And thus for Spanish Wines onely two yeares at 4. pound a Tunne, and the Vintners, for almost 4. yeares have taken from the Subjects for those Wines, 8. pound, and 12. pound a Tunne above the price. Now whether the Vintners that were parties to the Indentures, Sharers, and Contrivers of the said Imposition of 40. shillings a Tunne, and a penny and two pence a quart, and that have so long taken the benefit of it, much exceeding the summe of two hundred thousand pounds shall make restitution, or satisfaction to the Common wealth, according to the said votes of the Honourable House of Commons, of the 21. of Iuly last, and in what proportion, is solely in the wisdome of the High Court of Parliament to determine."
"A Reply to a most untrue Relation made, and set forth in Print, by certaine Vintners, in excuse of their Wine Proiect."
"A reply to a most untrue relation [...] by certaine vintners, in excuse of their wine project."
"IT hath been a thing for many years generally received, That the Design of Spain (and which, to this daie, hee still in his Councils carrie's on) is, to get the Universal Monarchie of Christendom. Nor is it a thing less true (how little soëver observed) that our Neighbors [the Dutch] (after they had settled their Libertie, and been a while encouraged by Prosperitie) have, likewise, for som years, aimed to laie a foundation to themselvs for ingrossing the Universal Trade, not onely of Christendom, but indeed, of the greater part of the known world; that so they might poiz the Affairs of any other State about them, and make their own Considerable, if not by the Largeness of their Countrie; yet, however, by the Greatness of their VVealth; and by their potencie at Sea, in strength and multitude of Shipping. For the clear and certain carrying on of which, there beeing none (that was) like to bee so great a Bar to them, in this their Aim, as theEnglish Nation; nor any that laie so conveniently to keep up a Proportion of Trade with them: It concerned them, therefore, by all means and waies possible to discourage and beat out the English in all places of Trade, as far (at least) as was discreet for them, without too much Alaruming them; or having too early or hastie a Breach with them. Their particular Practices to which purpose in the East-Indies, at Guiny, Greenland, Russia, with the several unfair Carriages (of som among them) to us, in those places; and even in our own Seas, is not intended to bee here mentioned: It sufficeth, that these following Advantages they had clearly gotten above us: The means whereby they have pursued and upheld these Advantages, were By the great number of Shipping they have constantly built; and by the manner of managing their Trade and Shipping, in a conformitie and direction to their Grand End: For, By all which means, VVhich Cheapness of Freight produced again other great Advantages to themselvs; For For, For this method and manner of managing their affairs, daily adding to their stock; and answerably diminishing the Stock and Treasure of this Nation: and by laying it so, as it run thus in a Circle, each part of it (as wee said) strengthning another part: it would unavoidably have tended to a greater and greater disenabling us to hold anie Trade with them: and to have made themselvs, for Wealth and Shipping, the Masters over us: A sufficient testimonie of which (over and above what wee have said also) wee might further see in the actual progress that they had gained upon us in our Shipping. For, And thus, in the waie and manner of the managing the Trade in thier shipping, laie much of their vigilancie to gain their advantage and design upon us. A second Cours (therefore) whereby they do and have upheld their advantages above us, is, The greatness of the Stock they emploie, which (as wee now intimated) was more and more increased by the wisdom of this their Method in Shipping: And which, on the other side, as it did encreas and grow great, did enable them the more to give the Laws of Trade to us, both in the Government of the Exchange, and of the Markets abroad for Forreign Commodities. A third Cours is for the gaining and upholding their Advantages of us, was, The singular and prudent care they took in preserving the Credit of most of those Commodities which are their own proper Manufactures; By which they keep up the Repute and Sale of them abroad; taking hereby a very great advantage of the contrarie Neglect in us; and by this means, likewise, very much damnifying and spoiling us. Which that wee may clearly see of what Import this one thing alone is to us, wee shall here set down certain general Canons, or Rules, belonging to Manufactures. And these (though few) beeing unalterable Laws in all Manufactures, it cannot but bee acknowledged, that it is through our want of the like Care, as our Neighbors, and onely through that, that the Hollander hath anie kinde of Woollen Manufacture: For, 1. The matter of no VVoollen Manufacture groweth in his Countrie at all; but hee is forced to fetch it from other places; whereas wee have it here, within this Nation, plentie. 2. The price of labor depending much upon the price of victuals, hous-rent, and other things necessarie, It is certain (especially to any that know both Countries) that all this is much cheaper with us, then with our Neighbors, and are like so to bee. 3. Our Nation, as they were heretofore the onely workmen of these commodities; so none can excel them for Art, Skill, or Goodness, were but encouragement given them, and an Order, Regulation, and Government of the Manufactures settled among them: And therefore It is not our Neighbor's singular Industrie above us, or a power they have to work cheaper then us; so much as it is the Carelesness of this Nation, in keeping our Manufactures to their due contents, weight, and goodness. Their Neglect in settling a Regulation, Government, and Superspection over them, and in Inflicting due and just punishments for the fals-making of them. That is (humbly conceived to bee) the Caus of the so great thriving of our Neighbor's Cloathing, and of the so great Ruine and Decaie (on the contrarie) of our own Woollen Manufactures, and of the people depending upon them. A fourth Cours taken by our Neighbors, Is, the Improvements of Trade that they have made by their Treaties or Articles of Confederations with other Princes; and by making this their Care and Protection of Trade abroad in all places their Interest of State. Thus taking hold of the Juncture of Circumstances, and making use of the Necessitie of the King of Denmark, they have farmed the Sound of him: Thus also at the Treatie of Munster have they reserved a power of shutting us out of the Scheld, and have carefully in that Peace concluded on several other Articles and Provisions in order to the securing and promoting of their Traffick. And thus &c. A fifth Cours (and not the least means for the upholding and encreasing their Trade) Is, The smalness of their Custom, or Port-duties; also their prudent laying on and taking off Impositions, for the furtherance of their own Manufactures, and for the Incouragement of bringing in som, and Discouragement of bringing in other Commodities; and of which they have given us two ill Instances, The one in laying on a great Tax upon our English Cloths and Manufactures; The other in forbidding our Cloths wholly to bee imported, if drest or died in the Cloth; of both which wee have had som caus to complain long, as beeing plainly an Inhibition of Commerce, and if not strictly against the Laws of Nations; yet at least against the Cours of Amitie, Alliance, and Friendship. A sixt way hath been, The Constant Reward and Incouragement given to persons bringing in Inventions; making of new Discoveries, and propounding things profitable for publick and common interest: which (how little a thing soëver it may seem to som, yet it hath ever been, and is constantly, a very great spur to Industrie. And these are humbly asserted to bee the principal Causes of their so much greatness and flourishing in Trade above us. Other Causes that have been less principal and accessarie to these, are, Animadversion. All which Discours beeing onely an Evidence given in from matter of known fact; It will (as is humbly conceived) manifest it self. I. That our Neighbors have no such extraordinarie advantage in matter of Trade, either through their Countrie, its Situation, or otherwise, as is proper or peculiar to them only, beyond all other Nations, (as hath been long the opinion of som) but it is the manner of their Care; and of the Government that is among them, and the meer vigilancie over Trade, that is observed by them: For, If the Nature of those Courses, which they have taken and pursued for the Incouragement of Trade, bee looked into and considered (as they are obvious to any other that will pleas to heed them) it cannot bee imagined but they shall make any people great, rich and flourishing in Trade, that useth them; and therefore that they will do the like in anie other place as well as in Holland, if put in execution, especially, if it bee a place, as this of ours is, seated for Trade, and the people of the Countrie apt for it. By any of which Courses, if not spied, or (when spied, if) not able to bee prevented, a People or Nation must at length bee straightned and subjected: And every one of which Inconveniencies wee were very manifestly liable unto (as appear's by the foregoing Narrative) through the Advantages our Neighbors had over us, and through the Wisdom of those Courses they had laid in their Trade with us: VVe beeing so near pinched, that it had been very hard, fairly to have wrested our selvs out of the Nets of our Neighbors, had Sweden been as much shut to us, as Denmark; and that the King of Poland likewise could have exercised his Arbitrarie Power on us at Dantzick: And had not (at length) that Cours about our Shipping and Navigation been so happily and timely established by the Parlament; which, as the Necessitie of it could not suddenly bee so well judged of by those that had not considered or been acquainted with the substance of the foregoing Relation: So certainly, beeing laid upon so equal and Necessarie Grounds, if continued to bee exercised, It will bee a means, in som measure, to recover us. For, besides what wee said of the Constraint, that for the foregoing causes, laie upon us, It must even, from the Primitive grounds of Reason, bee acknowledged, That a Common-wealth cannot bee enriched, nor the People thereof provided for, by any other means, then by reducing those very Courses into general Practice, which are used by Private men to that purpose. And Therefore as Private men, that buie and sell to sute the Conveniencies of others, as well as themselvs, do Constantly observ these, or the like Rules: So these Canons and Rules must bee as inviolably observed also by any Nation who will pretend an Interest, hope, or benefit from Trade: otherwise they may just bee reproved of less Care and Knowledg, then common or ordinarie Shop-keepers. Which Rules, notwithstanding, are not to bee pursued by any State, nor can bee imitated by any Common-wealth, without giving all the possible Indulgence and Incouragement, that may bee, to their Shipping. And this whole state of things, and these reasons that have been produced, beeing therefore all of them duly and equally considered, It is hoped, little will remain of Dis-satisfaction (or Objection upon us) about the Parlament's late Act for the Incouragement, and Increas of our Navigation; Which was, indeed, the Thing principally propounded to bee here Argued, and the Censure of which is therefore freely Submitted."
"THE ADVOCATE: OR, A NARRATIVE Of the state and condition of things between the English and Dutch Nation, in relation to Trade, and the consequences depending thereupon, to either Common-wealth; as it was presented in August 1651."
"The Advocate."
"I Presume, there are few Englishmen so disloyal to their Prince, or, at least, so treacherous treacherons to their Country, who do not wish, that his Majesties real Occasions might be speedily supplyed, and his Majesty thereby enabled fully to perform the Covenants on his part, in that important League, which he hath lately made with his Confederates, for mutual preservation, & the Common Peace of Christendom: All will agree, that his failer therein must needs turn, not only to our Publick Reproach, but to our irreparable damage; That therefore Monies must be granted in Proportion to the Exigence (how great soever) As even the poorest man will not spare a Fee to the Counsellor or Doctor, when Life or Freehold are at stake: the only Disagreement then is, where they shall be raised. The most probable expedients I have met with in Discourse (beside a Land-tax) are Forein Impost, Domestick Excise, and Subsidies: Forein Impost (well placed) might, at another time be very proper, to encourage thrift, and retrench superfluity; but London in its present sad condition, may too much feel it; The Merchant professes he is scarce able, now, to defray the Duties, and expect a contingent benefit, What then shall he do if his Disbursement be greater, and his Sale more difficult? Domestick Excise in a thriving State hath no fellow, It carries no Compost from the Soyl, and even the Labourer pays it cheerfully when work is quick: But how it may pass in Countries, where the Wheele or Plough stand still, is somewhat hazardous: Subsidies have been lately found unequal, and seldom answering the Design; so as, if our occasions should again be urgent, or our Levies very considerable, We are almost cast upon the Rock of a Landtax, as only responsible for great, or present supplies. But, can the Land bear it? Surely No, if it be not limited to the present distress, and sweetned with some Recompense: Alas! Land is at its last Gasp, and ready to give up the Ghost, without a powerful Cordial: Most Parishes can already present some Farms wholly deserted, Neither Tenant being willing to hire, nor Owner able to stock them; Many stocked but to halfs, most to loss: Besides, Land is like the heart, from which all the other Members must receive their Life and Vigour; Great reason therefore have we to cherish our Land, unless we will reduce our selves to the state of a meer Colony; which would manifestly end in our Desolation and Conquest. But were the grand pressure of Usury mitigated, we might, once more, endure this Burthen; nay, I dare say, cheerfully support it; it would, indeed, hazard to sink many, who pay Interest and Taxes too, if they were not as much relieved one way, as they are charged the other: As for those, who are out of Debt, they may do well to entertain themselves with the contemplation of a future Recompense, in the value of their inheritances; As Gentlemen are sometimes pleased in a mean dwelling with a fine Prospect: Thus all honest Interests may be preserved, and the Publick accommodated. It hath alwayes been a received Maxim, That our meer Consumption can scarce be too heavily excised; Then tax Usury, there is no Consumption like it; Excise the Excise-man, for Usury is the grand Excise upon our Land and Trade; If he plead, That Gallants are consumers as well as he, truly, I hope, there are but few of our Gentry, who do not some way deserve their Diet of their Countrey; But, if such there be, they commonly prove but fry to the Usurer, who devours them all. But, methinks, I hear one ask me, What? Will you never have done? Cannot you afford him Six? For shame, let the poor man live in his Calling, as your self and others do. Answ. I perceive my mistake, for I knew not Usury to be a Calling before, and am sorry now to hear it: I wish, he may not thrive in his Calling, for if he do, I am sure his betters cannot in theirs; And yet, I hope, I wish him no harm; For I love his Person, though not his Profession, and would fain perswade him to turn honest Free-holder, or industrious Tradesman. THe Improvement of our Lands, as it is the proper Basis of my Discourse, so is it the only solid one of our Wealth and Trade; and whosoever goes about to lay any other foundation, builds upon the sand: for Traffick without it, is but consuming and borrowing, wherewith we may swagger for a while, But mark the End. We have little hope left us, I suppose, of making the Growth of any other Countrey our Own, when we can scarce afford to manage our own growth, whether English or that of our Plantations, the Dutch dayly more and more underselling us, even in those Commodities which they buy of us: If the culture of our Land should likewise fail, we were (for ought I know) already in the same condition with Ireland, (perhaps worse) that Kingdom being reported naturally more fruitful than this. Here give me leave briefly to observe and insert the visible decay of our Lands in this Kingdom, under the forementioned pressures; which is such, That, to the great disparagement of our Soyl, we are forced already to play at small Game, and cannot afford Ireland the priviledge of breeding Cattel for us. Were our Pastures but tollerably mended, that Kingdom were as convenient a Nursery to this, as Holstein and Jutland, &c. are to Holland, and so that great Controversie might be happily reconciled to our mutual Benefit and Preservation. For every Countrey is so far forth considerable as it is manured and no farther: Whereby an improved Parish becomes oft-times more worth than a neglected Province: I am not sure, Whether Holland alone would not now sell for more than Asia Minor, which once contained so many flourishing Kingdoms; But sure I am, there are many Millions of Acres in that and the adjacent Countreys of Syria, Palestine, &c. which before their Conquest by the Turk, were worth from 20s. to 10l. but could not now be letten for 6d. the Acre, and yet the Land the same, nay the better, (one would think) for long resting. Now the Reason of all this is nothing but the embasing of the Land, which, whether it be done by War, Tyranny, Taxes, or Usury, all is one in effect, they differ only gradu ; as some diseases kill sooner, and some poysons work slower than others: For if once the Land groan, it first becomes not worth manuring, and soon after, not worth possessing, by the infinite Progress which hath been alwayes observed both in Poverty and Wealth. If then our Land begin to groan under six per cent. as it cannot be denyed, when our most ingenious and industrious Farmers dayly fall under it, and six per cent. only thrives, let us no longer desperately proceed, and expect the last Event, but rather, knowing our Disease, let us, in time, look out for the Cure. Certain it is, That, in few places of this Kingdom, we want either a Soyl capable, or good convenience of Improvement in some degree; For, that our barrenest Lands might be mended, if it would quit cost, I need go no further for instance, than Black-heath; The doubt is, whether it will answer Interest, which, at once, augments the Charge, and shrinks the Value: Now, to me, it is clear it will not, where I see nothing done; For Profit, as it will not be compelled, so it needs not prompting. We see, the Stock annually employed even in the ordinary culture of Land by ploughing or grazing, for the most part far exceeds the yearly Rent of the Soyl; so as every Farmour hath two considerable Rents to pay, viz. to the Landlord for his Land, to the Creditor for his Stock: Like two Buckets, the latter falling, the former, in reason, must rise, or rising fall: If then his Crops, computing hazards, (for the best and worst cost him alike) will not keep his Family, and answer forbearance, (as surely they now do every day worse and worse) the Landlords Rent must in time fall to a Pepper-corn, and the Tenant be reduced to Rags: Nay, if the Land be naturally very poor, no man can afford it ordinary Culture or Stock, but to his present undoing: Upon which Account, much of the Land in this Kingdom proves deceitful to the Farmor, and (thereby) perhaps, burthensom to the Commonwealth. But were the Charges lessened by low Interest, and the Value doubled, what might we not expect from Industry so armed? Or who would longer think of three per cent. when, by purchasing and improving Land, he might make above ten. We might then, in few years, have double, (if not treble) Crops of Arable and Meadow; The same Land would be brought to feed at least double the Stock; Those excellent advantages of sewing and flouding, whereof so much Land every where is capable, would no where be omitted; Commons would be no longer undivided, nor common fields un-inclosed: All which are now neglected and upon decay, because the Cost being commonly great, the forbearance long, Interest of money and thraldom of debt intervening, the unfortunate improver, by common fate, gets only the credit of a Bankrupt, and title of a Projectour, and six per cent. passes for the wise man. When we had once gotten ground, as our Crops encreased, so would the Compost yearly improve, like Interest upon Interest; our Pastures, once mended, would manure themselves to that Degree, that our Stock would not only multiply in number, but, with time, even mend in the Breed. Plantations, which are now, in effect, confined to four or five Counties, and there but thin, would soon become general; A benefit scarce understood, or, indeed, credible: For besides the fruit, (which oft-times yields more in value upon one Acre, without charge, than many Acres of the best Tillage,) the Pasture likewise, if the Trees stand not too thick, is rather bettered: All these and many other felicities we forfeit, meerly because they will not answer forbearance at six per cent. which, (as they say of horses,) eats when we sleep: And little we see now a dayes performed, without the concurrence of great Activity, with as great a Purse, which seldom meet. Many contrivances there have lately been, and some attempts, for the wonderful convenience of Inland Navigation in many parts of this Kingdom, which would improve all our Improvements by the frequency and fulness of our Markets; The like noble designs have been and still are on foot, for the recovery of many of our lost harbours, the preservation of those in decay, and the enlarging of divers commodious Creeks, to the publick safety, and the vast encrease of our Wealth and Power; but, alas, there is little hope of such undertakings, the very trial of them is so costly, and the Shipwracks upon that coast so many, and dreadful; For it is a common Observation, That projects seldom fail in Holland, nor take effect here, which, by gross mistake, is imputed to their ingenuity, being indeed, the natural consequence of low Interest; Were the rate of our Stocks equal, I doubt not, but these and many other publick works would soon be atchieved as well here, as in the Netherlands, since the success would then be more gainful, and the miscarriage not so fatal. Much hath been propounded, and somewhat experimented, for planting of Fir-trees, Chesnuts, &c. for raising, or encreasing of Liquoras, Saffron, Madder, Woad, and other rich Commodities in this Kingdom, where we have proof enough that they will thrive; For producing of Wines, Silk, Spices and Drugs, in divers of our Plantations, where the Climate is the same with those Countreys, where they prosper most; But with slender effect, for, asking as they do, considerable charge and forbearance, they can never succeed, whilst our Stock is at six per cent. and the Market prepossessed by those who have money at three. Now, if it be alledged, That it were in vain further to improve, unless we had better vent for our present Growth, This, I say, is, in effect, to maintain, that so the Land be tilled or stocked, no matter how it yields: On the contrary, do we not see, That it is the Crop, which pays Rent, and thrives? Had we such constant yield, as we might, at worst, be savers in selling at the Market price, (which encouraged Improvement would probably produce,) We might well defie all interlopers: Besides, I dare say, the Hollander would soon be weary of engrossing, if our Farmour could as well forbear to sell, as he can afford to buy; Joseph himself could not have engrossed without Pharaohs Purse. But, alas, by the single want of this Encouragement, we now turn even Gods goodness to our great disadvantage, being oftener choaked with Plenty, than pinched with dearth, though commonly we suffer both wayes in the Revolution of a few years. Obj. But, when money was at eight per cent, did not men thrive faster, improve more, and were not Rents better paid than now? Therefore abatement of Interest seems rather to be the cause of our decay. Answ. 1. Our chief Rivals in Trade the Dutch, have of late much abated their Interest, and our dangerous neighbours the French have and still do greatly improve their large and fertile Countrey, to our certain ruine, if we keep not pace with them. 2. Our late distractions have helped much to cast us behind hand. 3. The number of borrowers, and those the most eminent, is so encreased by our late Oppressions, that six per cent. is become to many the least part of their charge. 4. The continuance of Land-taxes, with those of the Militia and Poor, by clogging the Land (money scaping) have, alone, worse than doubled our Interest, as may appear by this sad effect, That besides the fall of Rents, Land now sells at least two years purchase cheaper than it did, when money was at eight per cent. So as indeed, one would marvel that any have of late adventured to improve at all, against so many and great discouragements, as I fear few have done to their profit; And, I dare boldly affirm, That were money (withal) still at ten or eight per cent. our best Mansions and Farms had ere this almost all stood empty, (as even now too many do,) and the Counter had been much fuller than the Exchange. Upon the whole matter, it is clear, That, were Interest reduced, and Land-taxes abolished, (as God forbid, but they should) Land must, of its own accord, soon double in Purchase, and then no cost could be bestowed upon it, without abundant Recompense. WHen we have raised the value of our Lands, and augmented their Product, we have laid a good foundation; But that expects likewise a building, and Manufacture is the first story; For as Trade, without improvement of Land, with us would be abortive, so without Manufacture, it must starve at Nurse; Indeed, it is a wonderful advantage to us, to have the first Materials of Trade of our own growth, and consequently much cheaper than some who must buy them, perhaps of us: Yet if we rest here, we come far short of our Design; and can be neither rich, powerful, nor indeed safe; For, besides that we shall lose those wonderfull advantages of Trade, which our many excellent Ports, Scituation and Genius would afford us, And, (through our own default) quit and forfeit the dominion of the Sea, It is too evident, That divers of our Neighbouring Countries (by the benefit of more Sun-shine) do not only produce richer Commodities than we can raise, but must, if they likewise fall to improvement, (as I fear they may, and hear they do) probably exceed us in our own Crops: Without Improvement of Land, we perish, and truly, if we second it not with Manufacture, our condition may yet be sad enough. For Instance, in former times, though our Land yeilded us plenty of Victual, and sometimes a goodly Overplus of Wool and Hides to sell; yet, for want of Manufacture and Trade, Ships we had few or none [though Timber enough] But were forced to buy or hire them of the Easterlings, or Flemmings, for the transport of our Armies, and Convoy of Provisions, We atchieved little but by meer valour, at great Odds both of Number and Equippage, nor subsisted but by pure thrift; If now we should do so, What would become of us? This the French King hath lately spied, and therefore now drives, like Jehu, to accomplish his design of Trade, but especially of Manufacture: Knowing, that thereby, he shall enrich his own People, weaken his Neighbours, and so advance his Revenues, (already vast) that scarce any thing will be too great for him to attempt; And a fair Progress he hath surely made, since we are told by all who have lately been at Paris, That late Walking in the Streets is already become as safe there, as at London, and their Roads as little infested as ours; A manifest sign of a thriving State where such disorders cease, For if Laws could suppress them, it is well known, both their Laws and Executions were severe enough before; If so, it is methinks, a seasonable alarm to us. Manufacture, Trade, and Navigation (for they concenter) is now the Mistress of the World, courted on all sides; Once we had few or no Rivals, that we needed to fear; We might then afford to be somewhat extravagant; We have now many, and are therefore more bound to our good behaviour: I dare boldly say, That thirty or forty years since, we might better manage all our affairs, at eight or ten per Cent. than now we can at five. Do we not see, That at Six per Cent. our poor Artificers and Tradesmen (who surely, were they cherished, would bring most honey to the publick Hive) without improvidence, fail in great Numbers, to the fatal discouragement of others? Such as have any thing yet left (finding small sweetness in that flower) wisely turn Drones, and by betaking themselves to Interest, starve their fellows: It needs no long Enquiry, where this must end, as little, whence it proceeds; since, when our Artificer hath worn out himself with toyl, the Foreiner, who hires his money at three or four per Cent. under-sells, and out-trades him, and our own Usurer, who lets it to him at Six, (sitting still) oppresses him. Do we not see our Island surrounded with Seas as rich as the Mountains of Peru? And want we not Fish, even for a Fridays Dinner? Are our People therefore sloathful? Surely they are but discreet; for Experience hath taught them, that, at Six per Cent, (Fish they never so fortunately) they must be under-sold, abroad, by the Dutch, at home, by the Butcher. Do we not observe, That, in most parts of England, there are great quantities of Land, which, by its natural goodness, or easie improvement, would bear Flax enough, which Flax, with its Manufacture, would produce Linnen, and at least save us one of our chiefest consumptions; VVill any man blame us if we make little? Alas, even the Shop stands in our Light. Have we not in many places of this Kingdom, Iron Oare without end, with VVoods adjacent even to a Nusance, and competent Navigation? yet are we not in danger wholly to buy that Metal of the Swedes; who, by undervaluing both their Wood and Work, can afford it much cheaper? If any would know the reason, let him ask Six per Cent. VVhat shall I say? Have we not VVool (once styled our Golden Fleece?) Too much, I am sure, for our Profit, though, for our purpose, I fear, too little: Have we not Fulling-Earth, a Commodity as choice as silver, and peculiar to us? and yet can we almost afford to cloath our selves? Is it not our best Market to export them raw, even in defiance of Capital Laws? What account can we give but this? That though we were much better Gamesters than we are, and had better Purses now, than ever we had, yet we could not hold play with the Dutch at the Odds of half in half: so vain it is to cut Channels, without clearing the Outfall, and removing Damms. I am not so well versed in Cloathing, to set down exactly the difference in value, betwixt a Pound of Raw Wool, and the same weight of Cloath in the Shop; Sure I am, it is vast, and all the Overplus, not only lost to our selves, but betray'd to our most dangerous Neighbours, by inequality of Interest; The same Reason holds throughout. But I dare say, were this ballance even, we should soon clear our selves from the imputation of sloath: And, with due encouragement, and time, (for all fruit must have its time to Bud, blow, knit, grow, and ripen) should Spin, Weave, Forge, and even Fish, to as much profit as the best. But how shall we do, will some say, for want of hands? First, I ask, How do the Dutch, who want them more? Next, I refer them to Sir Walter Raleigh, who makes it clear, That a flourishing Country can never want people, so long as the World hath any; And that, that which flourisheth most, shall not only stock it self fastest, but drayne its Neighbours; So attractive is Wealth and Trade: He that only observes, how Vermine leave the Empty Barn, and run to the Full; And how Cattle break all Fences to come at better Pasture, needs enquire no further. And now, (waving the main dispute of the lawfulness of Usury) let me only ask the Usurer this sober Question, Whether he can find in his Conscience to ask more Profit for the forbearance of his Money, than the Borrower did or could reasonably raise by the Use of it; And whether even lawful Interest, (exceeding this measure) be not a kind of Extortion, since it is clear, The Law doth barely tolerate, not warrant, or countenance Six per Cent: And if he find it be, let him (at least for the future) content himself with such moderate benefit, as the Borrower, (Whether Gentleman, Farmour, Merchant, Tradesman, or Artificer) may cheerfully afford him. I Shall not need say much particularly for the proof of this Assertion: Whosoever reads the two precedent Chapters, and admits them, will easily agree, That if all our Lands were upon their Improvement in Tillage, Grazing, Draining, Flouding, Planting, &c. There could want no work in the Countries; That if all our stock of money, and Fruits of our improved Lands were put forth to the great variety of Manufacture, Trade, Navigation, and Building, there could be no idle hands (and consequently no Poor) in our Boroughs and Corporations; That, betwixt both, Beggery would dayly decrease, and in time vanish: As it hath done long since in Holland, where they had not such advantages as we. Only, I cannot but lament the inefficacy of some of our Laws concerning the Poor; In not preventing rather, than correcting Enormities: He that is, indeed, weary of his life, fears neither Axe nor Gibbet; And to prosecute such by the Methods of Justice, I will not say it is like the Excommunicating of Rats, But, I am sure it resembles the Outlawing of Tories: Again, To compel men to work is not the way neither, unless Wages be propounded, For Industry cannot be forced by Laws, it should be tempted with profit; or, at least, baited with a subsistence; since, in Policy, as in War, Paying and Punishing must go hand in hand. If we ask Beggers, Why they work not, They answer, No man hath hired us: Examine such as hack Woods, or pluck Hedges, they say, The Weather is cold, Fuel dear, and they know not where to earn a Penny: Challenge the Thief for Larceny, Hanging and Starving (saith he) are both but Dying: Convict a Highwayman or Coyner, His Apology is, I am a poor Gentleman, or an unfortunate Tradesman, that was neither bred to Dig, nor born to Beg: None of these, I confess, are just Excuses; yet such Pleas they are, as comming passionately from the very bottom of the heart, would make the austerest Justice relent: If in lieu of stones, our Laws could provide them Bread, and instead of Serpents Fishes; That were the very Kiss of Justice and Peace. Where such Provisions are not, in some measure, made, That People can, at best, expect but Esaus Blessing, To live by his Sword, and serve his Brother: A pregnant instance whereof we have in the Hollander; whose Industry and Fortune hath been, and still is in some measure served by most of his Neighbours, as Mercenaries, in his Wars. OF what importance, the preservation of Timber hath been always judged to this Kingdom, will best appear by the Number of Laws which have been made to that purpose, though neither the want nor use of it was formerly so great or visible as now, How little want there was of it, not only the Antient Prices declare (which forty or fifty years since, were so small, as scarce to answer charges, in places of remote and difficult carriage) but even the Prodigious waste in many of the Farm-houses of those times; Neither, indeed, was there then such use of it, as to threaten, (one would think) a future scarcity, Whilst our Buildings were few and mean, and our Shipping not very considerable. Of late years, Trees have been every where cut down like Malefactors proscribed; The very face of some Countries, near the Sea, Thames and Severn, is so altered with it, That he, who hath not seen them in twenty years, would hardly know them; Yet our use of Timber must dayly increase, if either we will enlarge, or but maintain our Trade and Naval force, without which we are lost; and to have it wholly imported to us by Foreiners, were such a mischief as we may dread the very thought of it. It is doubtless, a great straight we are in, even in this juncture; For either the Building of London must languish, or the choicest of our remaining Timber must presently fall, or we must buy it to our great Comsumption, And it is hard to decide, which we best could now spare, London, Timber, or Money. However, Certain it is, That the present Age is so well versed in Arithmetick, as to compute, That scarce any Timber can be permitted to stand, but to great loss in the Forbearance; Whereby, All that owe Money, or marry Daughters, do but discreetly (if they may) to strip their Estates to the last stick; And we all know, how few Landlords are now exempt from both these conditions: So that one would almost marvel, how there should be any Timber left standing and thriving, where the reasons for felling are so urgent, and the encouragements for preserving it so slender. But were Interest at a low rate, our Concernment could, in no regard, be so great: For since we see, the Dutch, having little Timber of their own, can yet afford, with Forein Growth, not only to supply their own infinite occasions, but even sell and build for others [their stock being at very low Interest] Why should we doubt, upon the like termes, to do the same thing? And far more profitably than they, having Ireland at hand, and our Plantations in Reserve; Where, if We can afford to fetch it, We have it for Cutting. Neither do I Question, but that many Gentlemen [encouraged with small forbearance] would both be more carefull in places of good Vent, to preserve Tillowes and young Timber-trees, And [betwixt Ornament, Convenience and Profit] Plant new Groves and Tolles for Posterity; which they might well afford to do, even in divers of our Midland Counties, where the Buildings are, for the most part, Contemptible for want of Timber. THe General Incumbrance of Gentlemens Estates, of what pernicious consequence it hath been, and must be to the whole Kingdom, is obvious enough: To it we owe the Cessation of Hospitality, the Corruption of our Manners, the Ecclipse of Honour, and Contempt even of Authority; The Degeneration of our Blood, and supplanting of our best Families; To it the great Obstruction of our Commerce (by putting most of our stock, as it were, in Mortmain) and the Captivity of many honest Tradesmen; For if Gentlemen become insolvent, or but bad Paymasters, Tradesmen, who are forced to depend upon them, must be so too: And, I conceive, the Miseries of a Country (not yet Conquered) cannot be more lively exprest, than by saying, That the best of the Gentry, & most of the People are inthralled with Debt: It is therefore worth our while to get the Receipt, that will cure this Malady. But, methinks, I hear Six per Cent. Object, You are all for the Gentleman; If you should abate Interest, what great matter would you do? Ev'n rob Peter to pay Paul; If the Gentleman be in debt, let him sell, and live within Compass; Thrift shall perserve him better than abatement of Interest: Answ, I confess, I am much for the Gentleman, because I think both the King and Kingdom are concerned with him: But I am likewise for the Usurer, And my main design is to make him a Gentleman too; which he may soon be with great advantage, By purchasing Land with his Money, and improving it so, As, betwixt his Improvement and Purchase, it will soon double in the value (A Gentle Robbery) Nay, if he continue Usurer, he may perhaps, in time, save as much in the security of his Principal, as he shall lose by the Abatement of his Interest. Neither am I convinced, That the Gentleman (in this season) can sell when he will, But upon the same termes as Lean Horses are sold in Smithfield, or Quantities of Wheat in the Market, now Corn is cheap, which, though Usurers may wish, yet Freeholders have no cause to rejoyce in: As little do I believe, That, having sold, he can (with his clipt Revenue) live within Compass; Nay, if he have a Family, I dare maintain, That, with all his Providence, he can never provide for it; But, as rents are now paid, must soon incur a Relapse, And the best Husband can only promise himself Ulysses his Priviledge, to be swallowed last. Least of all am I in love with this Notion of thrift, being rendred so necessary even to our subsistence: 'Tis time indeed to fast, if there be no meat; But sure that imports either Famine or Siege: For, Admitting such Parsimony, what shall become of Trade, his Majesties Service, and Revenues? Who shall build our Ships, Rigge our Fleets, and pay our Armies for publick Defence? If this be our only Sanctuary, I doubt, we are very unsafe. But were Interest of Money considerably abated, All such Gentlemen, as are not already free of the Prison, would soon be free from it; For, admitting Debtors to owe (one with another) each a third part of the present value of his Estate (And upon that account, there will be, in effect, one third part of the Capital, dead and lopped off, as it were, from the Commonwealth) If then he that hath 600l. per annum owe 3 or 4000l. Surely he may, (Interest being reduced) at least readily clear himself with the sale of 200l. per annum ; And his 400l. remaining shall not only, in a short time, advance to as much in the real value and Purchase, as the whole would have yeilded before; But his Pressure will be relieved, his Gangrene stopped, his Rents secured by the Ease and Encouragement of his Tenants, and his Estate must lie very unhappily, if his yearly Income likewise, with time, improve not. TO make Money easie to be borrowed, we must make it plentiful in the Land; And that, I am sure, is only to be done by the Importation of Bullion upon the Ballance of Trade, Other Importation than this, (viz. upon Loan) is worse if possible then that of Dutch Cloaths, French Stuffs, Stumme, or Logwood, as bad as would be the bringing in and cherishing of Wolves again. The only sound hope we have of importing Money this way, is by advancing the Manufacture of our own improved growth to such degree, as we may afford (at least in those Commodities) to undersel all our Neighbours, That so the Spaniard, in the Canaries, may not pinne his Wines upon us at his own rate, which we dare not refuse, Knowing, That otherwise he can have the trade of our growth as cheap, perhaps cheaper from others: And that even the French may not gain of us at least half in half in Commerce, and presently melt down the Monies so gotten [as I believe they have done most part of our Gold, least we should perceive how much we lose by the pernicious trade we drive with them:] If this were Effected, [which only low Interest can produce] Our Native Commodities [which, though not so fine & sumptuous as those in Southern parts, are yet more solid and useful] would redeem their value, and we might soon grow rich. Obj. But will not uot low Interest carry all our Money into Countries where more is given? Answ. 1. By that Rule, Those Countries, where Interest is high, should draw all the Money to them, whereas, I hear, they have very little: 2. The Hollander were then dull indeed, who never yet discovered this Mystery; Surely the Fool hath had great fortune with it, For he commands more Money than some, that have twenty time his real Estate: 3. Interest is now near double in Scotland and Ireland to what it is here; In the Barbadoes, treble; And yet I suppose, there are few Usurers [none that I have heard of] whom it hath tempted to dispose their Monies there, to so great advantage. Obj. But how shall we do for the Present? Commerce will be interrupted, and Borrowers undone, For men will not lend Money at low Interest, They will rather keep it by them: Answ. Twice before [to my knowledge] the Usurer hath set up the very same scare-crow; And now we fear it not, But rather hope, that, in time he may be perswaded to lend out of pure Charity: 2. We know him too well to believe that he will be perswaded to keep his stock dead, and live upon the Main, if he can help it: 3. When he hath done swaggering [which will not last above an hour or two at most] he will sit down, and consider his own behoof; And if he find a better vent for his Wares (as certainly he may) that Market he will chuse: 4. He will have his choice of three, Purchasing, Building, and Trading; which are the proper Channels, into which we desire to turn the Current of his thoughts: 5, Till he have resolved and fitted himself, he may probably, by agreeing with the Borrower (for their Interests I suppose may therein jump) the Law so permitting, continue his Money at the present Use; Or the Law it self may have a future Commencement, whereby both sides will have leisure to dispose of their affairs; And yet Debtors will in the mean time be somewhat relieved by the Prospect of it, in raising the value of Land. Obj. But what will become of Orphans, Widows, and other Impotent Persons, who want Judgement or Faculty to Trade or Purchase: Answ. 1. There are likewise Widows and Orphans, that have Lands; Who betwixt the Fall and Loss of Rents, and deduction of Taxes, do now suffer more, I fear, in proportion; And yet who ever dreamt of providing for them? Or judged it reasonable, that their Lands should be letten dearer than they are worth? 2. There are yet others, almost without Number, well known to the Usurer; (for most of them are in his Books) who have Farms cast up to their great loss and are, perhaps, as little qualified for Husbandry, as any Widow or Orphan can be for Purchasing or Trade; And yet do Creditors commonly take compassion of such? 3. If these be no answers to their importunity; They must know, That it is fair for them, if they be not Oppressed; They should not think of Oppressing others, which they now certainly do, By exacting more Profit for the Use of Money, than either Land or Trade will regularly bear. It hath already been proved in the Precedent Chapter; That the Reducing of Interest would enable the Gentry speedily to pay their debts, by such timely sales, as should be to the Debtors comfort, and yet chiefly to the Creditors advantage; Were this done, and did the Kingdom but begin to flourish again, by Importing Money yearly upon Trade, Borrowers would soon be few, Exigents fewer; Mortgages would be Cancelled, Judgements and Statutes vacated by thousands, Estates would unawares recover their antient Simplicity, and the same Land would then readily pawn for double the Sum; Credit would no more betray both sides, as now it doth, The Debtor to Disappointment and Extortion, the Creditor to Pre-incombrance and hazard of his Capitall; but would be great and sound, even without a Register, (though that likewise may as naturally follow low Interest, as the thread doth the needle;) Whereupon it is more than probable, That such as shall desire to lend at the Rate established, (as I suppose not many wil) must pay the Reckoning, which for their Encouragement, will not be great. IT is a common saying in this City, grounded upon too much appearance of Reason, That the Burning of London hath undone many, but the Re-building of it will undo more: For it hath been seriously computed, That, at the present or probable Rate of Materials, some of them being to be brought in by Foreiners, who may set the Dice upon us; Others to be procured at home, which the Exigence must needs enhanse: Others yet depending upon the Contingent Price of Coals; And Labourers (if not limited by Law,) growing unconscionable; The greater part of Builders Bnilders will hardly so accomplish their business, as that they may afford to let or sell at the rate the houses, being built, will yeild; Many, I grant, who have full Purses, and happy Lots, will be good Gainers: What will become of such as Build in by-places, and borrow, is somewhat doubtful. But were Interest at a low rate, whereby the charge of borrowing would be half contracted, and the value of Building doubled; None could build to loss, And we should unawares see London again. I Suppose, it will not be denied, that if the charges of our Government and Defence should encrease, as they have lately done, and (for ought appears) must still do, by the dangerous growth of our Neighbours, and yet his Majesties Revenues should yearly decline, or not improve in some measure: Whereby Purging and Bleeding by Taxes, must be, as it were, our constant Diet; If, by the Encrease of our present distemper and decay, Most men should be ill at ease in their conditions, and through discontent secretly disposed to Faction, If the Nobility and Gentry (the known Supporters of Lawfull Authority in this Kingdom) should be so weakned in their Estates and Credits, that they could contribute little to the Ayde or Comfort of their Prince; We could not, with reason, expect, but that our Peace must soon be disturbed, the Government shaken, And, in time, the Kingdom ruin'd: As on the contrary, If his Majesties Income did far surmount his Expence, Whereby burthens would cease, and with them our factions exspire; If most Estates and degrees could thrive, and our Peerage and Gentry so redeem their lustre and influence, as to be again the Pillars of this goodly Fabrick; The Imperial Crown of England were established upon such a Rock, as nothing, now visible, could assault or mine: That all this would ensue upon the reducing of Interest to a very low Rate, remains now briefly to be shewn. His Majesties Principall Revenues are, 1. Lands, 2. Customes, 3. Excise, 4. Hearthmoney, 5. Tenths and First Fruits. Of his Majesties Subjects, I have already shewn, That many will be relieved and gratified; It rests only for me to convince the three Great Faculties of their Benefit, viz. Divines, Lawyers, and Physitians. The Clergy, methinks, have as great Interest in it as any, the Tithe of all Improvements being their Inheritance, which will flow in plentifully to them, without fraud or murmur, when the Farmour can well afford it: Such of them as are dignified, may, with satisfaction, encrease their Fines, whereof they can otherwise scarce expect, without Reluctancy, to continue the former Rates. The Lawyer, besides a present Crop of Clients, which multitude of sales will bring him, may likewise solace himself in the future Encrease of Wealth, and Business, whereof, I dare say, he will likewise have, at least, his Tithe. The Physitian drives a Generall trade with Mankind; And the richer the people be, the more and better Patients, I trust, he may promise himself. Even the Usurer (if he be not of so savage a Nature, as to delight in Cruelty, or so envious, as to hate, that any should live beside him,) may find his wishes; For, doubtless, there is nothing he so greedily affects, as to Purchase, and become a Landlord upon his own terms; And what better can he ever expect, than, now, to buy Land, as he may, at twenty years Purchase, which he shall probably improve in the Rent, but may certainly, in some time, (if he please) sell again for thirty or forty, and so exchange his Chattel for an Inheritance of double Value? If yet the Interest of Goalers and Catchpoles must preponderate, our servitude is near accomplished, since we are already (it should seem) over-awed, and tongue-tyed. Lastly, The English Landlord, (who hath been crushed chiefly by the Rate of Interest, at once overtopping his Revenue, and undermining his Inheritance) will recover that Power and Credit in his Countrey, the want whereof was the source of all our late Miseries; And will be abler than ever, to serve and ayde his Majesty both with Person and Purse; How willing then he will be, I think, needs no Proof: For besides that Land, being visible and immovable, is most responsible to the Law; the Owners are likewise, for the most part, best Qualified for Blood, Alliance, and Education; so as, without some brack or controversie of title, it is scarce imaginable, how the Interest of the Land should at any time be severed from that of the Crown; That therefore which gives price and weight to Land (as low Interest can only do) must needs adde Vigour and Splendour to just Authority. The summe of all is This, Should England now again be seriously weighed in the Ballance with most of its Neighbours, (as once it was in jest,) We should, I fear, find our Scale lighter in proportion to them, than we think: For that our Land hath lost of its weight is too demonstrable; Even by the Old Rule, Tantum valet Quantum vendi potest , which seldom fails: That many of our Baggs are missing, is no lesse visible: How others have lately thriven, may deserve our first Enquiry; Next, how our own substance hath wasted: If it be found, that this secret Venome hath even consumed our Marrow, macerated our Flesh, and shrunk our Sinews; And that the Expelling or qualifying of it would yet soon restore us, with advantage to our former soundness and aud substance, I hope Usury (such Rate of it, I mean, as manifestly oppresses both our Rents and Traffique) will not hereafter find an Advocate: For who is he that would [if he could] uphold the wretched Interest of thriving, by his own sloath, his Neighbours Bondage, and his Countries Ruine. FINIS."
" Propos. 1. It will supply his Majesties present wants, Even by a Land Tax, if better Expedients be not offered, which both the Landlord and Tenant may afford once more to admit, being eased and recompensed another way. The Usurer (who could never yet be taxed to any purpose, in effect, contributing equally with him."
"A discourse ,shewing the many advantages which will accrue to this kingdom by the abatement of usury [...]"
"HAving lately seen a Pamphlet under the Title of The Mystery of the New-fashioned Goldsmiths or Bankers, &c. I presently conjectured what I found it to be in the Reading; A prosecution of the design managed of late by so many clandestine whisperings of Jealousie into the Ears of unwary People, and the spreading of false and scandalous Reports, to bring that Breach upon the Credit of this famous City, (and by consequence upon the whole Kingdom) which so many of all degrees and professions have already felt no little of the evil of: The restless Spirit of this Author thinking scorn to reflect upon the most convincing guilt cast upon him by the many Ruines which his past Artifices have wrought, but as if he made it a sport to do mischief, pursues his project by a new device. Thus he endeavours by this pretended Letter to confirm those surmises with a shew of Reason, which he first attempted by rumor and surprize upon the minds of the People; well knowing that false and foolish arguings are then most like to bear a better appearance to them, when by fraud and practise their fears and jealosies are alarm'd, and (by the venomous effect thereof) they stand confounded and prejudiced in their understandings and judgments. I marveled at first, comparing the Title (where we have the Author taking upon him the Name of a Merchant) with the Letter, (where I find his opinion so cross to the sentiments of all other of that Profession) what kind of Trader this should be; especially while I find him so much at leisure, as upon so slender a Theam to trace the series of above thirty years, with such abundant industry, concerning the Rise, Growth, State and Decay of the Bankers: But my Genius soon satisfied me in this point, well remembring that there are some Newfashioned Traders, whom I forbear to define further, who under pretence thereof walk the Exchange as very Merchants, that have both time enough to busie themselves about other mens matters, and their Adventures being rather the diversion of their fancies than their business, and way of subsistance, know little, and perhaps care less, what the true Circumstances of a Merchant are with reference to the Banker: and yet (forsooth) presuming under the notion of an observing Merchant, to determine a matter of so much moment to the Interest of the Trade of the whole Kingdome, as no one thing besides it could be. But the matter having a Mystery in it (as he further tells us in his Title) he should have handled it with a little more modesty than he doth, few that attempt to open Mysteries, expounding them so right, but leave just occasion for other men to dissent from their judgments, and oft times to correct their Errors. But enough of the Title, now to the Letter. Wherein it being plain that it is the main business of our Author to dissemble his true end in the penning and publishing of it, and yet so to calculate and put it together, as to make the whole drive at the end he designs, it will be requisite to inquire into his end, What it is, and shew, that the pretended pretendeded occasion of this Letter was not the intent of his writing it; Towards which it is to be observed, That it would reflect too much imputation of Levity upon a thirty years observer and discoverer of Mysteries to tell such a long and studied Story to a Country Gentleman, upon the single occasion of his Sons disposal to a Trade, it being of all things most ridiculous in a man that would be had in reputation for wisdom, to shew himself disagreeable in his Discourses, to the nature of the subject whereof he treats. Nor will I so far prejudge his Charity to the Bankers, as that out of any private Pique or Disgust to the persons of them or any of them, he would lay about him as he doth, with a zeal so passionate and implacable. The Design then of this Paper must be somewhat more considerable, and is of a more Publick Aspect; and consequently the Product of a good Intention to the Common Good of the Kingdom; or its Contrary, i.e. the working of an Evil and Mischievous Spirit, to promote and compass some private End, that cannot be otherwise brought about but by bringing ruine upon the chief Credits of the Kingdom, and discomposure, disorder, and an unaccountable Jealousie upon the minds of the People. Of these two so contrary Ends which hath been in this Gentlemans Design, it will not be impossible from the parts of the Letter, well considered, and the timing of it, to arrive at a satisfaction in it. A good and laudable end I would willingly have found in the drift of this Paper, that however I am satisfied, the effect of what our Author hath done is mischievous, yet I might (as one who knowes that in many things we offend all) have retained a favourable esteem of his honest inclinations: But herein I can in no wise reconcile my Reason to any of the Rules of Charity. For it is generally the happiness of a good Purpose to be reduced in all its pursuits to honest Mediums in what it aims at; and it is in truth a Contradiction to the Laws of Property, to do evil that good may come on't. Had our Author design'd sincerely, he would have looked as well to give some tollerable Proof of what he recriminates the Bankers with, as to accuse them; and not only here and there one, but all of them. Nor doth the time of emitting this Paper, favour less of a Peaceable intention: Was there never a time nor occasion offered these thirty years, before this Gentleman's Son was to come Apprentice, to represent these Errors of the Goldsmiths (if they have been guilty of them) to the World? For what season then is it calculated? But to follow on the Victory which false Report, wheedling insinuations into the minds of simple and inconsiderate People, hath obtained against the Bankers Credit without cause: When the Minds of Men are so startled by this means, that no man can be trusted though of never so good Estate; and when for this cause, many Merchants and others of considerable Substance, for want of the ordinary supplies of Mony, are like to suffer in their Reputation both here and beyond the Seas; no punctual payments to be made in the course of Trade, as was wont to be; numerous Bills of Exchange returned with Protest for non-payment; Clothiers and other Tradesmen forced to keep their Commodities on their hands, because the Merchant can neither get in his own Money, nor raise any upon Credit; consequently Fraughts of our Shipping on a suddain much fallen, and few to be had. One would think the sight of these Calamites should make a wise & good Man defer the prosecution of a thing, never so much unfit in his private judgment, rather then pursue it in the sight of such woful accidents: It hath ever been the principal Wisdom of Discreet and Wise Men, even in the Seat of Government, not to be over hasty in breaking inconvenient Customs once rooted by Time and Use, for fear such Alterations might bring great Disadvantages upon the People; but to do it by a certain gradation, that the good of the remove might appear through all the accidental Discommodities of such a change; how much more should our Author in the Point in hand, have considered this Principle before he thus laid about him without fear or wit. What can this Letter then of our Authors, duly weighed with the Antecedent preparations to it, and its accompanying Circumstances, import less than an inconsiderate and destructive Design to the unhinging of all the Credits of the Kingdoms? having its Rise from Anger and Ambition, and in its end aiming at the promotion of Fraction. The matter of Design being then the Breach of the whole Credit of the Kingdom (wherein the Interest of Trade is most essentially concerned) he singles out the Goldsmiths or Bankers as the chief Seat thereof; and levels two main Pieces of Artillery against them, 1.Their Crimes, 2. Their Insecurity. Of the first Schedule of their Crimes managed between them and the Merchants in weighing and culling of Money, &c. they being applyed chiefly to the Goldsmiths of the Old Fashion (as our Author terms them) and not so material to their late and present state, as Bankers, I shall leave some of themselves to vindicate, for fear they have no Country Gentlemens Sons put Apprentices to them; only remembring him of a few things: First, That he did very ill, and not like the Man of Conscience to his Country he pretends to be, that knowing of such Practices of the Goldsmiths, and that to the term of place where they acted their Injustice to the Kingdom, he should be silent, when it was in the power of his hand to have discovered and remedied so great a Mischief; no good Laws being wanting on that behalf. Or, Secondly, If this confident accusing of them, be more then he hath grounds for, how vile and inhumane is it to reflect at such a rate upon Men, in a thing wherein not only their honesty is taxed; but their chiefest Interests lie obnoxious to danger. And Thirdly, Whether he be not unreasonably partial in his reflections; to let the Merchant pass Scot-free, upon such an occasion as that of his dealing for our heaviest Money to transport beyond Sea? For admit the Goldsmiths sold it, (which yet must not be taken for granted because you say so) yet certainly his fault was the greater, who so industriously laboured to procure such Coyn, with a setled intention of conveying it out of the Kingdom for his private advantage, and actually did so, as you accuse him. But it may be you will recollect your self, and think fit to write a Letter against the Profession of a Merchant too (excepting some of your own fashion) and when you have got him under the Foot of your Pride and Folly, as you hope shortly to have all the Bankers; we shall be brought into a fine World indeed. Nor so I ought to the contrary, but that they may well defend themselves in what you make the matter of their condemnation; more especially, in that of being Instruments of raising the value of our old Gold. Pray Sir, What made the Merchants so forward to Transport it, but that Profit was to be made of it beyond the Sea? and if so, what likelier way to keep it at home, than by advancing its Price here. And if it was sent away when the Rate was raised, would it not much more have been so, if the value had continued less? only perhaps it might have asked a little longer time, by the Merchants being put to imploy Instruments somewhat more improper then the Goldsmith, to buy it up from private hands. The like may be said for the inequality of the Rate of Guynnies (about which the Goldsmiths are also accused) which were never by any Proclamation of His Majesties, declared a Current Coyn of the Kingdom, and limited to a certain Rate; but left under the Notion of a Commodity, to rise or fall in price as the course of Exchange went in Forreign Parts; for this very reason, that by such raising of the Rate of them, they might be preserved in the Kingdom, when happily the state of Exchange might otherwise have laid a temptation before many for their private gains, to have sent them away. Thus our Author may also in other Points have been a very Incompetent Censor of what the Bankers have done in this distinct Trade and Mystery. In which Case I have sometimes known a wise Man to have confest divers things to be reasonable and good, when the Nature, Grounds, and Ends of them have been opened by one well versed and experienced therein, that he could not in his own single consideration reconcile the Notion of common good and advantage. And if our Author have any measure of Ingenuity, peradventure he also may reflect upon this his hastiness of accusing Men in such matters that he so little understands. It's pretty too to take notice what a young Sophister our Grave Observer is become, when he tells us of seven millions coyned at a time in half Crowns, which he saith was apparently reduced to less then one Million, and layes the whole blame of it at the Bankers doors. Seven Millions of what, in half Crowns? he afterwards tells us seven Millions of Silver, which our ordinary English Dialect would presently interpret to mean Pounds Sterling, if our Reason (which he never design'd his Letter to be examined by) did not contradict the possibility of the thing, and then the Peoples mouthes might be opened indeed against the Banker, which is all the Mark he aims at. But admitting our Author to be a little out of the way of writing agreeable English, and that by the seven Millions in half Crowns, and the seven Millions of Silver; he intends no more then seven Millions of half Crown pieces; Lets consider whether he be any more honest in the thing, then he is clear in the expression. Seven Millions in half Crowns, by my Arithmetick, amounts to eight hundred seventy five thousand pounds Sterling that he alledges was then Coyned: But Sir, I have met with as likely an Observer in this Point, as your self, who assures me, it will be no injury to tell you, that you are out in your Calculation almost half in half; and if you be so ignorant, or insincere in an Extream on that hand, how shall we trust the truth of your Observation and Candor in what you affirm on the other, that the Money then coyned was apparently reduced to less then one Million by a new mischeivous trade of the Goldsmiths. But I do not well so much as to name truth and sincerity with respect to any thing in this Letter, which was never designed to be drawn up by the line of any such Vertues Vettues , Blackning of Men being a far better way to do our Authors business: And it were endless to open all the false suggestions that are in the composition of it. Next to that, I find the chief crime objected against them, is, The great advantages they have made in the course of their Trade, especially when they dealt with his Majesty, and bought up Bills, Orders, Tallyes, &c. Indeed Sir you do not well to tax them at this time a Day with those Offences. Why did not such an Observer of the State of the Bankers as you, urge their Sin of 10.l. per Cent. upon them then? when if your Arguments had been powerful to touch their Consciences, they might by this time have reckoned that Charity in you, which as matters stand, they can receive under no other Notion but that of reproach and spite. And yet, hark you Sir, Hath it not been the Principle of one you know That as the occasion and Circumstances may be, there is really no wrong put upon a mans Conscience, nor injustice offered to another, to accept of above 6 per Cent. for the advance of Money, nay nor any breach of the Law therein? And if neither the person of another be oppressed, nor the Law violated, where is the Offence? But now you cry out aloud against the Banker, as an unpardonable Extortioner, if in any case he exceed the terms of 6 per Cent. which renders it not unneedful (for the Readers sake) to put one or two Cases to your enquiry about this matter. Let the first be that of Discounts upon Bills of Exchange, which you tax, among other things as against Law, and very oppressive: But, Why so? Really you puzzle my wits to find a Reason for what you say, and you have given us none to think off. A Bill of Exchange during its Negotiation hath never in any Time or Memory, gon under any other Notion than (till I can find a better word for't) a meer piece of Merchandize, which if a man whichif a m an will dispose of, he must do it at the Market rate, or (to speak more like a Merchant) at Price Currant; for there is a certain variation of the rate of Discounts as the occasions for Money are great or less; and they were never higher than your Self and your Con-sociates have lately made them by your new-fashioned Artifices. Another Case lies in the Bonds given by the Merchants to his Majesty at the Custom-house, for the additional Duty upon Wine, wherein the Act of Parl. allows the discount of 10 per Cent. to the Merchant if he pay ready money. What then if the Bankers shall lay down the value to the King upon those Bonds: I put it by way of Inquiry, since plainly that allowance was given, to accomodate the Kings present service, Whether it be an Evil in the Banker, to take that allowance, upon serving the Publick occasions with a present supply, on the Credit of those Bonds, which the Merchant should and might have had by the grant of the Law, if he had paid down the Money himself? But what the monied Men and Creditors of the Bankers will most look at, is, what our Author will alledge against the Security of Money in their hands, which therefore we must alike look into. And because the Creditor will be nice in his Enquiries here, I will first state his Objections truly, and give such Answers as I will with the same freedom, leave to the Readers judgment: My design being only to disabuse my fellow Citizens and others, that they be not frightned with shadowie appearances, nor suffer themselves to be thus play'd upon by every sly and subtil Gamster, to disturb the setled course of their lawful advantages, to gratifie the humor of any person or faction, whose end is more themselves than the Publick good. He Objects then against the Bankers Credit. First, There being no safety in dealing with the King, while the deplorable Crys of the Widows and Fatherless are such, whose Money, as he phrazeth it, they say at least, they lent his Majesty, and cannot repay them. And did they not lend it the King? (Why delight you thus in the soul course of casting Dirt?) And for that, Tallyes, Orders, and the Great Seal it self are found to be no security. Secondly, That He cannot imagine how Bread should be got by their Trade of borrowing money at lawful Interest, to lend it upon unlawful to private persons; though they can silence their Consciences forgetting Christianity, &c. Thirdly, That the Bankers are not Men of greater Abilities nor acquired Parts than other Tradsmen, nor better instructed than others to imploy greater Stocks in an advantagious Trade, &c. To these Objections respectively, a few words. To the first; I take it for granted that the Reasons urged upon account of the detainer of money in the Exchequer; and the stop of the proper Course thereof, did and may give a just hesitation to the minds of men; and his Majesty himself, as well as the People, hath, I doubt not, reflected upon that Counsel, with the greatest dislike and indignation before this day. Our Author nevertheless deals herein very uncharitably with his Majesty as well as elsewhere with the Bankers, in alledging somethings utterly untrue; for though there was in that unwarrantable Counsel, a breach upon the Course of Tallies and Orders; Yet he taxeth the Violation of the Great Seal without ground. He must refer in that point of the Great Seal, to the business of the Custom Farm, in which it is true the Patent that had already past the Seal for the main part of the Customs was resigned up again, but not forced. This Gentleman I guess cannot but well remember at whose house this houset his was acted, and who had a main hand in the contrivance of it; and if so, he may withal call to mind that the occasion of that surrender of the Seal was from some difference about the Termes of a second Pattent relating to the Wine Act, which while the then Farmers insisted upon, and more refused; some of them with less foresight than was convenient, offered the acquitting of the whole Bargain, and the Seal whereby they held their Right in the other Part; and having so offered it, it was accepted as suiting the present Design, without possibility of retrieve. This Gentleman is yet much more out of the way, to assert that the Persons concerned in the Exchequer Debt, have not their Interest to buy them Bread: May not a man well doubt the truth of his Observations for so many years past, who errs in a Point that is now in Action; for who knows not that there is a settlement of seventy thousand l. per Annum , for two years out of the Publick Revenue under the Great Seal, for the quarterly payment of those Interests to the Bankers? which is so punctually satisfied to all such whose Accounts are stated, that it is not the Kings fault, if every Creditor have not his Interest paid him every quarter day, such Security hath that Great Seal given. He knew well enough also, what fresh Assurances are lately made to the Bankers, of having the said Interest continued by force of another Great Seal, and the Additional Hopes (as is most just) of some further way of Settlement for the securing of those Debts: And it is much to be desired that his Majesty will, as from the Honour and Justice of the thing it self, so also from the Consideration of the Industrious improvement of that pernicious Counsel, to him and his Affairs; give some speedy issue to this matter. It is to be hoped that such a conjuncture of Affairs, and Inclination of our then chief Ministers, as happened at that unhappy juncture of shutting up of the Exchequer, will never meet again: Or, that God in his Mercy will give the King, in the experience of the fatal Consequences thereof, a Noble Resolution to discountenance and withstand such ill advice. To the second Objection, That there is no way for the Bankers to get Bread, if their Loans to his Majesty cease; and for which he gives us this Potent Argument, That he cannot imagine how they should. I Answer, That running upon Imaginations as he doth throughout his whole Letter, if this prove otherwise, the most part of what he hath said, may be suspected for a mear piece of fancy. He cannot imagine it, how? by borrowing Money at lawful Interest, and lending it to private persons at unlawful. No, Methinks it is plain and easie to be imagined, how Money may be got in this way, if they do (as he saith) silence Conscience, forget Christianity, and by Hook, and by Crook, make the most of their Cash by oppressive Exactions: Is it not a wonder his Imagination should fall so short, that is so much in the exercise of it? But to disprove our Authors Imagination, without these crooked ways of oppression; Are there not those among them, who (thanks be to God) have got their Bread, and it is to be hoped, enabled to lay up something for their Wives and Children, without any hazardous dealings with the King, or being so exacting as he speaks of; Hath not many been greatly intrusted and imployed this way, since the Exchequer was shut up, who are both able to pay their Creditors, and have got their Bread and somewhat more, and yet stand free from this Imputation by all, but this Gentleman, that its likely never suffered by any of them. Methinks the state of some of them that have fallen by the deadly breath of such as our Author, and have thereby their condition in Estate exposed to all, may better instruct him in this Point; and if he had that Christianity in him, which he so much blames others for, it might and should work pitty and remorse in his Soul, that by his sly Insinuations, false Suggestions, and all manner of Reproaches, he should have been a means to bring disreputation upon the Persons, and prejudice upon the Families of such who are by this means cast down. It may, and I trust will also teach those that have Moneyes in the hands of such men, not to suffer themselves to be abused by such petty Artifices, while they have thereby been made the Instruments of others undoing, and of injury to themselves, upon the meer Grounds of ungrounded Jealousy: For where is the Person that hath been so earnest upon them for Money; who can define any true Reason why he hath so done? Only his imagination hath been disordered, and his fears raised by the false Suggestions of these pestilent Incendiaries. And what have they advantaged themselves by those indeliberate and forward Demands, but the contrary; for if they had judged of these Artifices as they are, and not run so unreasonably upon those Bankers, they might as occasion required have been supplyed as aforetime, with those Summs which they are now forced to stay for, notwithstanding all emergencies, a much longer season. The third Objection consists of so many Particulars, that I must take them up as I go. He first taxeth them for, being Men of no greater Natural Abilities and acquired Parts, than other Tradsmen: What then, Sir? If they have but a proportion of understanding in their Trade, to their Fellow Citizens (for the Trading-Citizens are no Fools) and an honest Design and Caution in their undertaking it, is enough to their Creditors. I, But they are no better Instructed than others, to employ great stocks; Are they not? Then indeed I should think you in the right on't, when you tell your Country-Gentlemen, That all the Arts a Goldsmith can teach him, will not be worth one of those two hundred Pounds, he designed with him. But, pray Sir, where were your Natural Abilities and Acquired Parts, when you thus Wrote? Is there no difference in Skill of this Nature, between a Man whose Business and Education hath layn for many years in Credit, and Improvement of Money, in ways of Advantage, who is known of all that have occasion of Supply for their present Conveniences, to be Persons dealing in that Way through all the various Courses of it, and another Tradesman whose Education and Life, hath only Experienced him in the Management of some particular Commodities, and the Improvement of them to his best Interest. Sure, Sir, If you had consulted your self, your Acquired Parts would have told you, there is here some difference; but it bears the shaddow of an Argument against the Bankers to the unheedy, and then, whether Sense or Nonsense, Reason or Contradiction, Truth or Falshood, all's one with you. But, They have no greater Skill in Law than others, to judg of Securities to be taken for Money, nor have they more knowledg of Men, to Guess at the Value of their Bonds. How our Authors Passion blinds his Reason! Would you have every Banker become a Lawyer, or else leave his Trade? On common Occasions every Mans Natural Abilities and Experience in the World (whereof I hope you will grant our Bankers to have some) may serve the turn; and in cases difficult and out of the way of ordinary Dealings, they are generally Men of more Caution to their own Estates, and the Trust they have from others, than that I believe they would be satisfied with so much Law as our Author himself hath, when so many able and knowing Lawyers are so near at hand. Besides, such a Man of Wit as you, might have considered, that there is a Power in these ways of Credit, to oblige such Men as the Bankers deal with, to much to Punctuality; and but that I would fain resemble our Author in speaking once like a Man of Mysterie, I could give good Reasons for it: He is miserably out, and speaks as unlike a Merchant as ever I heard, to tell us, the Bankers knew the Characters of Men no better than others, when of all in the World they have the Advantage this way. What gives the Knowledg of Men as Men, but Converse? What of the Estates of Men, more than frequent and ordinary Dealings with them in the point of Money? Which with other Collaterial Observations that are Coincident with it, gives the truest measure of Mens Estates. How then in these ways, is the Integrity and Generosity of a Mans Dealings better discovered? This manner of Corespondence then, these Bankers having had with the most they deal with for many years, How should they but know Men better than others, and be able to proportion their demand of Security for them? But our Author is Authoris not yet at an end of this Argumentative Paragraph against the Bankers Credit: I wish his next Reasons be better than his former, and favour more of Natural Ability, and sincerity of Mind. He puts the Question very seriously from the Premises that I have already Answered, How then should they be able to make more Interest of Moneys, than other Men? How then? It's a Deduction from your Premises, is it? Why then Il'e tell you how the Case stands, if some of your Premises have no Reason in them, and others no Truth; what then becomes of your Hero then, and of all your Subsequent Arguments, or rather Artificers deduced from them. If they be really more able than other Men to improve Money; if they have as much Skill in the Law as they have ordinarily need for, and know where to go for the rest when Occasion calls, that their Security may be good; If they have more knowledg of Men than others, which are all the Principles that you derive this how then from; Why then, I may naturally turn the Argument upon you, and tell you that all your Natural Abilitys and Acquired Parts, have missed the Mark hugely, when you doubt the Bankers Trade to such a Degree, as to make it a Wonder how they should be able to Improve Money better and more securely than others. And if you would know further how they can keep open their Shops, notwithstanding their dead Stocks of Cash to answer ordinary Demands (for such extraordinary and unreasonable Demands, as your Whispering and Calumniating Gang hath lately put People upon, nothing can be Sued for) and Maintain their Servants, and pay their Landlords; I tell you again, that besides the Keepers of their Running Cash, for which they pay no Interest, the Matter lies in their Knowledg and Way of Improving Money, better than others. It's not to say what a Bankers Skill in this sense will honestly extend to: Il'e tell you they are archer Men in their Trade than you and I think of. And I am verily of Opinion, that they make (as you say they must do to get ought by it) more than Nine pound per centum of their Money, in their way of Improvement; yet I will not as you do, Charge them with Extortion therein, unless I knew things better. You may remember, I have put you two Cases, wherein possibly Ten Pound per centum may be got without a Mans becoming a Transgressor; and the Bankers, it's likely, may know more. We are commanded to have over all, Charity; a Garment that I desire to value and keep uppermost, though you seem so daringly to reject it, and to put on that of Censure and Reproach. And truly, every ones Charity is there called for, while we hear no Body crying out against them: None can be Advocate for all of a Trade, but for most of them; the chief Dealers at their Shops cannot exclaim of their Extortion, but that their extraordinary and emergent Occasions, have well born the extraordinary Requitals, which have been given to them: But certainly all will have cause ere long, if the Gentleman gain his end, to cry out upon him. The Merchant when it may be, that Two, Three, Four, or Five Hundred Pounds, which might have been had at a Bankers Shop, to serve the Exigency of his Occasions, cannot now be had in the City of London, in any reasonable time; or if he may be Accommodated by a Scrivener, the Trouble about it, Procuration for it, and the Time he must be obliged to keep it, beyond the Circumstances of his Occasion, may probably amount to more than Twelve Pound per centum , when he might have it at the Bankers at a lesser Rate. The Moneyed Man, when he sees the Banker born down without cause, and his own money lying in a Chest without improvement; himself in no way to put it out with security and profit: All that have experienced the ease, conveniency, and prosperous Trade of the City, by and under this way of Credit, and if after all, his own Conscience cry out of him, it is but that which is to be looked for, as the effect of these pernitious and ruinous Contrivances, unless it be already feared as with a hot Iron. He would put the Creditors in dreadfull doubt of the Bankers, for fear of Informers against them for notorious Contracts, and the pretence of great Charges they are at to keep off Suits of that nature, and to sue out Pardons. And though I have little reason to believe any thing he saith, yet I should have past it in silence were it not for two things. First, That I am confident he never heard of any Usurious Contracts pleaded against them, though they must have been as publick at Westminster-Hall, or the Guild-Hall in London. Secondly, I cannot imagine how our Author should come to know what Charges they are at to keep off Suits of that Nature. If he search into the matter, I am of Opinion hee'l find it quite otherwise. And for Pardons, there's an Intimate of yours, that may vye in that Point with any half dozen of the guiltiest of them if I be rightly informed. But after all these fine knacks of Conceipt (aiming at reason but unhappily falling short of it) to blast the Credit of the Bankers, he darts one more with the same purpose, and tinctur'd with somwhat more than ordinary Anger, That I cannot for my Life discern the Point of. It's Their being trusted ten times more than they are worth upon Personal Security, and many times their Note alone taken for five hundred pounds a thousand pounds, or more. And yet those free Lenders, as he calls them, (for he's very much out of Humour) would scarce be satisfied with two or three mens Bonds for a thousand pounds, that are known to be worth, at least five thousand pounds a man. Shall I ask our Author whether this was practized without reason and good experience by those that did it? Surely not without ground, while he characterizeth them to be men so wary in the disposal of their money to others. They knew then what they did; and no doubt acted upon some principles of reason herein, notwithstanding your censure of their discretion, from the meer Authority of an, I say, for that's the most powerful part of the Argument he uses against this practise, while his pretences of the hazard of the Bankers disposal of money, and their capacity to do it more than other men, have already been found so lame & ridiculous. Such an Observer as he, a man would think, might have taken up some considerations from so remarkable and continued a practise as this to have better bethought himself what he was about to do, when he began to breath out such Venom against the Bankers. Is't not obvious that the very All of a Banker lies upon his utmost punctuality, whereas other men as the exigency of occasions may be, oft times dispence with it without any suspition. Me thinks the very awe of the power of Credits continued through the course of so many years, the free, generous, and unconcern'd reliance of Men upon them; their efficacy to raise, enliven and encrease the Trade of the Kingdom to such a notable degree, should have dampt his confidence in a pursuit of this nature, and forbad his falling foule upon so sacred a thing. But the Rise of this design is such as all things must give way to. Here's Anger and Ambition, as I tould you, in the minds of some body, and a New-faction to be introduc'd. And what are the Credits of the Kingdom, the Ruines of the Bankers, Disreputation of the Merchant, Abuse put upon the jealousie of Creditors, Losses of the People, laying wast our Trade, Confusions and Disorders in the course of all affairs in the Nation. What is their own Consciences, Honour, or any thing, to the wreaking of this Anger, gratifying this Ambition, and pulling down of others that themselves may be advanc'd. To arrive at this false accusing and whispering about, from one place of Concourse to another, How is it with such a Man? Does he pay well, or's at a stand? I hope you are not concern'd. I assure you such a friend of mine hath drawn his money. I wish all be well. A word's enough to the wise. Some taking the confidence to abuse the Name of a Noble Person, because hee's accounted a wise Man and a fit Example, reporting in the City, and writing into the Country, that his Lordship hath had great sums of money in the hands of such and such which he hath called out, whereas the parties so mentioned ner'e ow'd his Lordship one farthing: And a thousand such petty (but as they have prov'd over-prevalent) insinuations have been used; vented by their half-witted Emissaries, (of which they have both young and old, rich and poor to make use of, and to act their tricks with a world of zeal and gravity) while among themselves they make the best sport imaginable, in telling what a good Instrument (they mean a fool) they have made of such and such a sober Citizen or Inns of Court Gentleman. I say to arrive at these ends of their own, none of these Machinations must be accounted a Crime. And let not our Author tax me of uncharitableness herein, or come with any such disguises, as a Letter to a Country Gentleman hereafter, For upon better Evidence than that the Coyn was carried into the Cocklofts, this is the very Rise and design of this Epistle. And what are these Gentlemen that all these things must make way for? Is it not Character enough to tell the Reader, that they are even of the same Spirit with our Author. What need we say more, or what more can be said to shew us what we are to expect from them, when they have made us the silly Instruments of their own Grandeur. Can we hope for that good from them they pretend to? Freedom from those publick Evils and Calamities they complain of? Honour and a Generous Design for the Publick is adequate and like it self in all its Parts and motions. Noble ends are never aimed at by such peaking, base, sneaking and destructive Courses. Whither will they have brought us, if they accomplish their ends and gain the Ascendant? Will their Advancement be a recompence for what we suffer by their means? I doubt, had they a Will to do good, they'l find it hath been an easier business to destroy the Trade and Credit of a Nation, than to heal it, and bind up it's Breaches. As the less difficult part of the two, it will be well if they make not use of our Poverty to oppress, and our Ruine, (much wrought about by our own hands, while we are so fondly influenced by their Subtitles) to run us still into further Calamities. For if they have decry'd Credit that the present Incumbents may fall, What will they do in their Places without it? And, if Money must be had, and no Credit be continued, what way they will advise to, I leave to other Conjectures than my own. My Lord Bacon tells us, Nothing doth more hurt in a State, then when Cunning Men pass for Wise; and yet if all will avail to make the People (whose good I charitably aim at in these Reflexions) to consider what they are doing, while they dance after the Pipe of such Crafts masters as these, and be no more entangled and bereaved of their Wits and Interests by their deceitfull pretences and practises but proceed in all their Concernments Concenments , like men endowed with Reason, I shall gain my desire. I dispair not of it, though its sad to see the generality so much enclined to another Spirit. Our Author ends with a solemn Enquiry, Whether any Man that hath Exercised the Mystery of Banking, hath living or dying gone off the Stage with a clear good Estate? I had scarce taken notice of it, but that he hath just before been telling us of Scripture Commands, and follows it with a profession that he Judges no Man. If you know none such that have been acquainted with their Mystery so long, let me tell you, You have either a very short Memory, or have been a very shallow Observer. But your meaning in this Enquiry is also very well understood. And yet it follows; I Judge no Man. No Sir, Why rais'd you the question then? If you speak the truth, I doubt you can give no very good account on't. In earnest, I hear of several that are gone off with very clear and good Estates, but I think it not Manners to expose their Names to our Authors Curiosity. Judg no man? and yet after the rate you have done, condemn and contrive their Ruine! Give me leave to end with an Enquiry too, What shall be given unto thee? Or, What shall be done unto thee, thou False Tongue?"
"An Enquiry into the Grounds of a late Pamphlet Entituled, THE MYSTERY OF THE New-fashioned Goldsmiths, or Bankers, &c. "
"Is not the hand of Joab in all this? Or An enquiry into the grounds of a late pamphlet intituled, The mystery of the new-fashioned-goldsmiths or bankers, &c. [...]"
"FOrasmuch as there is a very great Complaint in most of the Market-Towns in this Kingdom, of the Great Decay of Trade, both by many Working, and especially by all Ancient Shop-keeping Tradesmen, as The Woollen Draper, the Linnen Draper, the Mercer, the Grocer, and others, whose Trades were formerly the most Flourishing in this Kingdom, that now are become so mean and ordinary, that many interested therein cannot live upon them; This may afford matter of admiration to many Persons, whilest considering withal that there are as many Goods Imported into this Kingdom as ever there were, if not abundantly more; and so consequently, there is as much sold as ever there were, if not much more. Now the End of this Treatise is to shew, that the Reason is not from the total defect or want of Trade, but from the irregularity or disorder thereof, it being quite out of the Channel in which it was wont formerly to run. And this hath hapned through a neglect of a due Execution of those Laws that are in force concerning Trade; As likewise for want of Additional Laws to be made to keep it in its due bounds. (For a Law not executed is almost as little significant as no Law at all.) Now the Ground of this Grievance is, because many do believe, That all Men promiscuously ought to have Liberty to set up any Trade for a Livelihood, and especially the Shop-keeping Trade, and that a Restraint hereof doth much impeach Ingenuity; Whence it is, that Tradesmen can seldom be Redressed herein, although they have often Attempted it to their great Cost and Charge. But certainly, in former Ages People were of another Opinion, as appeareth by that Statute of 5 Queen Eliz. which Prohibiteth the taking of any Artificers Son to be an Apprentice to many Shop-keeping Trades that are mentioned in that Statute. And likewise the Son of any one, unless his Parent had forty shillings per Annum , a Freehold Estate; which was to be Certified under the Hands and Seales of three Justices of the Peace. And for this Reason, a long time there hath been little or no Inspection made into Trade, in the Cities and Market Towns in England; that all things in Trade are come to a wonderful Confusion, as will appear by the Sequel of this Treatise. Nay, there is scarce any thing of Affairs in a Kingdom or a State, but bua in time will be out of Order, if it be not prevented by Reviving Old, or Constituting New Lawes, additional thereunto; For humane Lawes are such, that in time there will be Reason, either to add something to, or take something from them. And whilest that any thing is out of Order, all Men that are therein concerned are Prejudiced by it: And so it is at this time with Trade, which rendreth it unprofitable to all Men, and so doth rather hinder Ingenuity then further it and promote it; Profit being a chief and more immediate Encouragement thereof, which puts men upon all Praise-worthy and commendable Undertakings. Now to the end, that I may discover what it is that hath so much Empaired the Trade of this Kingdom, I shall faithfully Relate (as to matter of Fact) what is the Practice in most Places in England, and shall in each Particular suggest what may be necessary for the Repairing thereof. I Begin with this Trade, because it is like the Water to the Mill that driveth Round the Wheel of all other Trades. For by this the Poor hath Money of their own Earning, without being burthensom to the Parish; which they presently lay out again, either upon their Backs or Bellies, not keeping their Money against a wet day, (as the saying is) Now if it be considered, how Numerous the Poor of this Kingdom are, they would (had they money) make a very great Consumption, both of the Farmers Commodities, and of all other course and ordinary things, as is evident in that, in some Places where this Trade did once flourish, many Labourers therein would lay out five or six shillings every Week throughout the year upon Meat; where there is not so much now laid out by any such poor Man hardly in a whole year. And indeed, of all the Trades in this Kingdom this ought chiefly to be encouraged, neither should any stone be left unturned to promote it. For if it be so, as doubtless it is, that God hath given to every Countrey some particular Commodity, that is not to be had any where else, so that none may boast, but that every Countrey must be beholding unto another for something that they have not; then certainly it must be this, that is the Commodity of England, because God hath not only given us Wooll in abundance that makes Cloth, but also another necessary Material, viz. Fullers Earth, without which this Commodity is not to be made, and (as they say) is not to be found any where else, but in this Land; which is a clear Demonstration that it is the use of our Wooll that is the special Talent, which God hath put into our hands to emprove; and not to emprove it is doubtless a very great sin, and like the hiding our Talent in a Napkin. Wherefore it is, that God hath in a great measure taken this Trade from us, and given it to a People that are more Industrious then we are. NOW it is granted by all Men, that this is one great Hindrance of this Trade, for hereby there is not only Cloth made with our Wooll, which might have been made by our own People, but by mixing our Wooll with the Wooll of other Countreys, there is almost twice as much Cloth made as otherwise there could be; for without the help of our Wooll, there could be little or no ordinary low pric'd Cloth made, which is the Assertment that is mostly used, there being a far greater Number who wear this, then there are who wear any finer sort; and by this means it is, that our English Cloth is so great a drug in all places, as now it is: And unless we can keep our Wooll and Fullers Earth from being Transported, that so it may be wrought up by our own People, the Trade can never be good again in England. Indeed, there have been many ways thought of to prevent this mischief, which of all others is the greatest to this Kingdom, and therefore of late it is made Felony for any one to Transport Wooll, which Law, notwithstanding the great severity thereof, doth yet prove ineffectual. Now it may be supposed, that the Cause hereof is, the Paucity or Fewness of the Informers, (for the Life of the Man is concerned which offendeth in this Case) which would not be so, if there were only a good part of the Offenders Estate lying at stake. Seeing then that this, as well as other ways, have hitherto proved ineffectual, there may therefore (I humbly conceive) be new Measures taken: Wherefore I shall suggest what may be thought profitable in this Case. 5. That all Merchants that shall Traffique beyond Sea, and all Captains of Men of War, and all Ship-Masters, with their Mates and Pursers, and every common Sayler do take this Oath, and give this Security, and do receive a Certificate hereof before they are admitted to any of these employments, and in default hereof should be lyable to a Penalty. Likewise all Merchants that are strangers who do reside in any of the Parts of England, and all Ship-Masters that are strangers, before either they break bulk, or take in fresh water, or Provision for their Ships in any Harbor Harbour or place in England, that they should be enjoyned to give this Security, and to take this Oath, and to receive a Certificate hereof, and for default herein they should be lyable to a Penalty. WHen this Trade was good, the Clothiers (out of a covetous mind) would extreamly stretch their Cloth upon a Rack; and many other indirect ways were used, that have brought our English Cloth so much out of Credit beyond Sea, that it will be hard for us ever to retrive it again. Indeed there is a law that all Cloth should be examined before it be put to sale, and that the Town Seal where it is made should be put upon every Cloth that is made good and sound, and the letter F upon the faulty. But this is altogether neglected in most places: For the Aulneagers that are chosen in any place are very poor men, who seldome or never Seal any Cloth, and if they were to do it, they being poor men would not dare to refuse the sealing of any rich mans Cloth, though very faulty. And therefore to prevent this for the future, it would be necessary, that in all Cities and Market-Towns in England, where any of our Woollen Manufacture is made, they were all in Companies, who might every year out of themselves choose Officers, that might not only seal their Cloth, but who should also promote their Trade, and rectifie and repair whatever shall at any time be amiss therein. I do not mean that these Companies (according to the custom of Corporations at this time) should have any power to bar any one from setting up this trade in their Town, nor from being also of their Company, though they never served any Apprentiship to their Trade in any place whatsoever: And my reason for it is, because there cannot be too many of any such Trade in any place where the Materials that they work upon are of the growth of England, and that do imploy the poor of the Kingdom, unless that there should be so many of these Tradesmen that there will not be Materials enough for them to work upon; and that they cannot find poor enough to work them out. But in neither of these it cannot be, because of the great abundance of Wooll that we have in England, and of the abundance of Hemp and Flax we might have, did we but set to the sowing thereof, and the Numerous poor that are in all places of this Kingdom. Nay, if the Materials used in a Trade be not of the growth of England, yet if the Trade be to employ the poor, as is the making of Dimithys or Fustions, or the making of Buttons, or if it be the making of any thing (which upon supposition that it were not made here in England) we should have it bought with our Money, and brought to us from beyond Sea, where it is made, as Bone-Lace, &c. Surely in neither of these cases will it be for the common good that any man should be barred from setting up any such employment in any place whatsoever. Yet notwithstanding a universal liberty (I mean, for any one to be of any Trade) would be very injurious to many Trades, as the Shop-keepers and many working Trades, as I shall shew in its proper place; and it would hinder men (as it doth) from falling into such employments that are for the common and general good of the Kingdom, as are all such employments before specified. WE cannot make our English Cloth so cheap as they do in other Countreys, because of the strange idleness and stubbornness of our Poor, especially in all Places within fifty Miles of London, where the Poor are most Numerous, where Wooll is Cheapest, and where the Carriage of Oyles and Dying Stuffs is Cheaper then in most other Places in England, and therefore in all these Respects this would be the convenientest place for the setling of this Trade; But these Poor are so surly that most of them will not work at all, unless they might Earn as much in two days as will keep them a whole Week. And when they do Work, they will often Marr what they do; that hereby the Clothiers in all these Parts are greatly discouraged. Hence it is, that they cannot make their Cloth so good and so cheap as they do in other Countreys; the reason whereof is not because Provision is dearer in England then it is in other Countreys; For Butter and Cheese, the Poores Fare, are as Cheap here, as they are in most other Countreys; and Corn for many yeares hath been so cheap, that great quantities thereof have been Transported to the those Countreys where they make our Manufacture cheaper then we do. But one Reason hereof is, because Begging is suffered so Rife in this Kingdom, that of late years it is a sufficient Pretence for any one to beg, if they do but carry a few Commodities about the Countrey to sell. This is so much observed by all Persons, that of late the Grand Jury in many Counties have Presented it at the General Quarter Sessions. For there are Laws enough to suppress them, if the Justices do but see after the Execution of them. Now if this Begging Trade be not suppressed, there will never be any good done, either upon the Clothing Trade or any other, that is for a common and general good. Wherefore the Dutch do suffer no Beggars to be in their Countrey. And the French King doth endeavor to do the same in his, and we should not neglect to do the same in ours. Mr. Cooke in a Treatise of his, doth give another Reason that the Poor are so surly in England; which is the Statute of the 43 of Queen Eliz. that doth Enjoyn all Parishes to provide for their Poor, and this makes them careless to provide for themselves by their own labour, either for the present or the future. And hence it is, if they do not beg, yet they will not work, but addict themselfes to idleness and pilfering, and to pulling of Hedges. And all this is, because they know that if they come to want the Parish is bound to keep them. Truly, this is a very ill use which they make of so Charitable a Statute. But however, it would be strange cruelty not to provide for them, when they are really in want. Therefore there can be no better way, then to make them work for their living whilst they are able. And to this end it would be necessary that these following Rules were observed. AFter the Clothier hath taken all the care and pains that possibly he can, to make his Cloth both cheap and good, yet when he cometh to sell it, he cannot do it himself, the Factor having gotten this business wholly into his hands; for formerly, when the Clothiers left their Cloth with them to sell, allotting them a certain price; yet notwithstanding they would many times abate two pence or three pence in a yard, which the Clothier would not have done, had he sold it himself. Now so soon as the Buyers perceived this, they would buy of none but the Factor. And hence it is, they have usurped the sole Power of selling the Clothiers Cloth, both for what price and for what time, and to whom they please; in neither of which Particulars they will be limited. Now by this means the Clothiers Cloth is not only sold for less many times then can be afforded, (that so the Factor might have his Salary) but they are also put to an unnecessary Charge, for formerly the Buyer always bought at Blackwell-Hall, but now he doth buy at home; and the Factor will at any time send him as many more Pieces of Cloth then he hath occasion to buy, and under pretence they are dis-heighted, will force the Clothier to pay three or four shillings a Piece for new Pressing. And so likewise they will sell for what time they please, detaining the Clothiers money as long as they please; for he shall not know when his Cloth is sold, nor to whom it is sold; yet a great space of time after, when the Factor is in a good Humour, then the Clothier shall know the selling of his Cloth; And after this also he must stay a considerable time before he hath his Money. And then neither shall he know to whom his Cloth is Sold; because by this means, he can at any time put the Clothier to have his Money for his Cloth, of a Person that is not solvent. So that should any Clothier ever attempt, either to take their business out of the Factors hands, or to give off their Trade, (as many of them are desirous to do, being so abused by the Factor) they can always by this means make the Clothier truckle under them. And sometimes, when they are so kind to let the Clothier have money for his occasions, they will Enter it in their Books as so much mony lent to them. Besides, should they come to know the Person to whom their Cloth is sold, yet they would be not much the better for it, for without the Factors consent they will not pay the Clothier one farthing, saying, they have had nothing to do with him, and so will not pay him any money at all; insomuch that the Clothier in selling his Cloth is as it were blind-folded, being always in the dark concerning it. And they have seldom any money to buy any thing that they deal in beforehand, for the Factor will let them have no more money then what will suffice to keep their Trade going, and that on a slow and dull pace, by which means it is impossible that either Wooll or Woollen Cloth should rise much higher then now it is. As is evident in the late briskness of that Trade, which had it not been for the Factors (as was acknowledged by an eminent Merchant) Cloth would have risen at least eighteen pence or two shillings in a yard. And hence it is there can be no poor Clothiers follow the Trade, that hath not a stock to lie in the Factors hands, which hath occasioned very great Confusion in many other Trades as well as this; for it hath put some upon Retailing what they make, and others upon Hawking their Ware all about the Countrey, until many of them are ruined by means of their great Charge in Travelling; but of both these Particulars I shall Treat hereafter in their proper place. Neither hath this been any benefit to the Merchant, for the Factors having so great a stock of the West-Countrey Clothiers in their hands, they can give what Credit they please, and can, and do make whomsoever they please Merchants, or turn Merchants themselves, by which means the old experienced Merchants have been extreamly prejudiced and wronged. Now to Redress this great mischief to the Clothing Trade, these following Particulars would be necessary to be Offered. And then there is another inconvenience that the Clothier doth meet with in the selling of his Cloth, which is this, viz. That many times after the Buyer hath bought his Cloth at a price, and caused it to be sent out of the Hall to his own house, he hath pretended some fault to be in the Cloth, and unless the Clothier will yield to abate what he would have him, he must have his Cloth again, which hath often been a very great vexation to the Clothier. Others there are who have very much abused the Clothier, by exacting unreasonable measure from him, and to this end many have used very indirect wayes, as the having that abomination of a yard and a yard. Nay, sometimes they have put the Cloth into a Tub of water, and after this they have Griped the Clothier exceedingly in the Measure. WHen once the Clothier hath made his Cloth both good and cheap, and is convenienced to sell it when it is made, then it would be necessary to promote the Exportation of it abroad into other Countreys. 1. Now we are very much hindred herein by the Dutch, who do make Cloth themselves, and sell it in those places where otherwise we should sell ours; but could we keep our Wooll and Fullers Earth from them, we should speedily prevent them. And it would be necessary for the Promotion of this Trade with us, that there were an high Impost laid upon all fine Cloth that shall be imported. Yet the French doth deal far more unkindly with us then the Dutch, because we do take little of their Commodities; but of the other, (as it is Related by a Mr. Fortery Gentleman of the Privy Chamber, in a Treatise of his, called, The Interest of England,) we do take so much, viz. of their Wines, their Linnens, and their Silken Stuffs, that the excess of these Commodities imported unto us, is as much as cometh to 1600000. in the year, more then our Commodities that are re-exported unto them; for which we do pay them ready money. And had not the French King found it to be true upon Examination, he would have Prohibited all our Commodities from being brought into his Kingdom. Wherefore he laid only a very great Impost upon the same, which is Estus, a French Crown, une Estus upon an Aulne, an Ell and Nail. Aulne. And this our Trade doth extreamly suffer also by all his New Conquest, where they were wont before to wear our English Cloth, which now they cannot, because of the high and great Impost that is laid upon it. Now had this great Impost been laid only upon our Woollen Manufacture, it might have been supposed that he did it only to necessitate his people to the making of the same; but seeing he hath laid the like Impost on our English Tobaccho too, argueth, his Design is to suppress any Trade whatsoever that doth belong to the English. It being then a manifest truth, that we do take off so much of their Commodities, to the great wrong and prejudice of our own Weavers and Tradesmen in London and Canterbury; it is very hard measure that they will take little or nothing of ours, especially seeing that this they have done formerly, and they might have continued to do the same still, had not the French King used all the Methods that possibly he could, to hinder the same or the like Negotiation, for they are as Numerous a people as ever they were, and should they wear of our English Manufacture, as they were wont to do heretofore, that Country would be sufficient to take off almost as much as could be made in England. It is true, we have endeavored to Retaliate upon some of their Commodities, especially upon their Wines; but our English Gentry do so much delight in the drinking thereof, that they do still make their way with us nothwithstanding their dearness, yet so doth not our Manufacture with them: Therefore it would be necessary to take the same Measures to beat them out of their Trade with us, as they have done to beat us out of our Trade with them. And if this were done, they would be as much perplexed for want of a Trade to put off their Wines, their Linnens and their Silken Stuffs, as we are now to put off our Wollen Manufactures. It will not then be irrational to judge that this may be done as to all three of their Commodities. First, As to their VVines, if the Gentry would but take to drink more Sider, and many other English Drinks, that of late are so Excellent, that they are little inferiour to their VVines (unless in Price) we should then have less occasion for them, and this would be a means to improve the Lands of our own Countrey; And would be a way greatly to advance our National profit and interest. Did we withal but sink the impost of Portugal Wine (equal, to French Wine) they would take off above 300000 pounds worth of our English Manufacture in a year. And then for their Linnens we might promote the making thereof in our own Nation, as shall be shewed hereafter. And for their Silks and other Superfluities that we do buy of them, (which (as some do judge) do amount to more Money then all their Wines and Linnen both) we have little or no occasion of them. And if they were all prohibited, it would mightily advance the Weavers Trade in the Cities of London and Canterbury. As it is necessary, that this Trade be promoted abroad, so it is as necessary, that it be promoted as much as may be at home. This Trade is very much hindred by our own People, who do Wear many Forreign Commodities instead of our own; as may be instanced in many Particulars, viz. Instead of Green Sey that was wont to be used for Childrens Frocks, is now used Painted, and Indian-stained, and Striped Calico; and instead of a Perpetuana or a Shalloon to Lyne Mens Coats with, is used sometimes a Glazened Calico, which in the whole is not above twelve pence cheaper, and abundantly worse. For either Perpetuana or Shalloon will wear out two Coats, or when it hath worn out one Coat, it will serve for one use or other afterwards for children. And so in reality it is the cheapest. Because Glazened Calico will hardly wear out one Coat: And it is the same or worse, if they Lyne with a plain Calico or Dyed Linnen. And sometimes is used a Bangale that is brought from India, both for Lynings to Coats, and for Petticoats too; Yet our English VVare is better and cheaper then this, only it is thinner for the Summer. And of late there are abundance of Linnen Stuffs, that come from Hamborough, and are made to imitate our Norwich Stuffs, and many of them have been used for Gownes for VVomen, instead of our own Manufacture. To remedy this, it would be necessary to lay a very high Impost upon all such Commodities as these are, and that no Callicoes, or other sort of Linnen be suffered to be Glazened. There is a certain Necessity, that Womens Garments should be Lyned with plain Callico, yet not so for Mens. Therefore it would be expedient that a Law were made, that no Person should have his Coat Lyned with any thing but what is made in England. And this will not only promote the Woollen Trade, but the Silk-Weavers Trade also, who make many Silken Stuffs as fit for Lyning of Gentlemens Coats, as any that is made in any Countrey whatsoever, and no Person can be offended at it, because his Majesty, (for the encouragement of the Trade of his own people) is graciously pleased to Wear nothing but what is of the English make. The Statute for Burying in Woollen would have been of very good use, had it been executed, which (as it may be supposed) would in all this time have Consumed as much Wooll as there is at this time in England. And the way to have it put in execution, is to put the Administrator upon the proof of it. Therefore it would be necessary, that there were a Law made to enjoyn the Person concerned to prove the same upon Oath before some Justice of the Peace, within one Moneth after the Burial, and that he hath a Certificate hereof under the Justice his Hand and Seal: And without this Certificate the ChurchWardens should forthwith put the penalty of the Law in execution. There is one thing more that would be no small addition to the advancement of this Trade, and that is to encourage Wearing of Flannel; There are some of the Gentry who have Worn it, do commend it exceedingly, saying, that it doth Wear as well and as soft, either in Shirts or Shifts, as any Linnen whatsoever. And the courser sort would be better then Linnen for the Poor, because they may Wear it a Moneth without Washing. Now if the People should take to the Wearing of this, it would unspeakably Advance Trade in this Kingdom. NOW I have already shewed that the Importing of so many French wrought Silken Stuffs into this Kingdom, hath been one way to Impoverish this Trade, and that the Prohibition of these Commodities would be very necessary for the benefit hereof; I shall further shew in another place that the Hawking and Retayling of their Commodities are two other means that have also contributed towards the Marring this Trade. But besides these, there are two more, the one is the Engines of late invented, that do Weave only narrow Ribbands, and those so very sleight, that if ever Sales-men should be suppressed, they would be of no use at all; and for this Reason the Retayling Shop-keepers can hardly sell any of them. It is then very much against the common and general good, that a thing so useless should be suffered; seeing that by this means there will also be many hands of the poor that will want work. Another thing that hath very much empaired this Trade is, that there are here and there a Silk-Weaver or two (of late years) crept into some Cities and Market-Towns in England, who do employ such people that were never bound to the Trade. Now although what I speak of before (concerning License to set up any Trade that doth employ the poor) will hold good in this Trade also: yet in a differing manner, because in all other Trades that do employ the poor, they cannot effect their business without employing such as were never Apprentice to the Trade. As for Instance, the Clothier must employ the Spinner and Stockarder, that peradventure were never Apprentices to any Trade, else they could never accomplish their end. And it is the same in making of Buttons and Bonelace, and the like. But it is not so in this Trade; for they that have been Apprentices to the Silk-weaving Trade, and able to make more Commodities then can be easily disposed of. And the reason why there are such multitudes of this Trade is, because there hath not been for a long time any other but this, to place forth poor mens Children, and Parish Boyes unto; by which means the poor of this Trade have been very numerous, who can do nothing else almost, being bred up unto it from their youth. Therefore although it might not be against the common good, for any one to employ their Stocks in setting of these Weavers on work; yet it would be so, if either they should be suffered to Weave themselves, or should employ any other to Weave for them, that were never Apprentices to the Trade. Therefore it would be necessary that no man of this Trade live alone, and in a private place: But it would be much more for the profit and interest of the Masters of this Trade, that they Cohabit and dwell together in some Eminent City or Town, which they might make not only the Seat of their Habitation, but also the Emporium and Seat of their Trade. And if London and Canterbury cannot contain all of this Trade, then there may be appointed some other place for them to live in. NOW neither of these Manufacturers were wont formerly to Retayl what they made; which hath greatly empaired not only their own Trade, but many Shop-keeping Trades too. And if it may be thought that the Shop-keeping Trade is a conveniency to the people of this Kingdom, and for the general good thereof (as I shall prove hereafter) then it will not be expedient that the former should be suffered. I have already shewed what did occasion the Woollen Manufacturer to do this at first, viz. The great Abuse they did sustein by the Factors. And that which did at first occasion it in the Silk-Weavers, was their own covetousness. For they thought to advantage themselves by selling their Ware to Countrey Chapmen, which made them go to their Inns in London where they sold them their Commodities. Now so soon as the Whole-Sale-Men did perceive this, then he did all he could to beat down the Weavers price, that so he might keep his Countrey Chapmen. Hereupon their Commodities were sold far lower then before. Therefore many that could not sell to Countrey Chapmen, fell to Retayling of their Wares which they did make. Yet neither of these Manufacturers did hereby advantage themselves, because for this reason none of the Shop-keepers would buy of them that did Retail, and they not finding sale for their Commodities by Retail, sufficient to maintain them, have been (many of them) hereby Reduced to very great Necessities. Now the Silk-Weavers had no need at all to do this, because they had before a very good price for their Commoditie, and many of them are so sensible hereof, that they do heartily wish that the Trade might be reduced again to the same state that it was in formerly. But to return to the Clothier, who will not have that occasion to Retail his Cloth, if the abuse of the Factors be Rectified. Yet there is one Objection concerning him, and that is this, Obj. If he should not Retail his own Cloth, what shall he do with a dammaged Cloth, that he cannot sell at a Market? Answ. I Answer, that for all such damaged Cloth, and Remnants of Cloth, that will not pass Sale at the Market, the Clothier should not Retail these until they are Licensed by the Officers of their Company, who should view them, and they find them not fit for the Market, they should License the same Cloth, or Remnant of Cloth, to be Retailed, by putting the Seal of their Company at the end thereof in Wax. And hereunto may be Added the injury that many Merchants do to the Shop-keeping Trade, by Retailing those Commodities they adventure for. Inasmuch as hereby Trade is brought out of its right Current. And to prevent this mischief it would be necessary, that no Person whatsoever be admitted to Retail any Commodity belonging to the Shopkeeping Trade of buying and selling, that hath it at the first hand; not but that those Shop-keeping Traders might Retail those Commodities which they make, whose custom hath been to do so time out of minde: Such are the Shoomaker, the Brasier, the Pewterer and the like. OF late years the whole Trade of this Kingdom is to Profer Commodities to the Buyer both by Whole-sale and Retail, which hath much Empaired all Trades, because there is a vast difference between What will you give? and What shall I give? Now I shall first insist upon those that profer their Wares by Whole-sale, which are called Hawkers, and which are not only the Manufacturers themselves, but others besides them, viz. the Women in London, in Exceter and in Manchester, who do not only Profer Commodities at the Shops and Ware houses, but also at Inns to Countrey-Chapmen. Likewise the Manchester-men, the Sherborn-men, and many others, that do Travel from one Market-Town to another; And there at some Inn do profer their Wares to sell to the Shopkeepers of the place. That which did occasion Men at first to Retail those Commodities which they made, did at first occasion this also, and is no less disadvantageous then that was, not only to the Woollen Manufacturers and SilkWeavers, but also to all the Shop-keeping Trades in England. Now although at the first taking up of this Hawking way, there were some who did get Estates by it, there being then but few of them, by which means they took much more Money, and stayed for less time in a place, then now they do; but it is quite otherwise at this day, the number of them being much Augmented, by which means they take but little Money, and are forced to tarry long in a place, because Men do not minde their going away; for if one be gone, be sure another will quickly come. Whereupon some have stayed a Fortnight in a Countrey MarketTown; Nay, some Rug-makers have waited in London, absent from all their business at home, almost three Moneths before they could Vend their Wares. And the Charge of Horse-meat and Mans Meat is no less then before; So that by reason of their long abode in a place, it doth cost these more now, then formerly it did them that took six times more money; whereby many of them are quite undone, and the rest that remain, who are sufficient men, are so extreamly wearied with this way of dealing, that they would be heartily glad (as many of them have confessed) if there were a Law to suppress them, that then Trade might return into its old Channel, where it hath ran far better then ever since. Moreover, this Hawking Trade doth utterly empair the whole-Sale Trade, in all the Cities and Market-Towns in England, but especially in the City of London, where are some Trades in a manner come to nothing, because Countrey-Chapmen do not buy of them now, scarce an eighth part of what they were wont to buy formerly. And it is no less injurious to the Retailing Shop-keeping Trade in all Cities and Market Towns in England. First, because they have been an occasion to many, that never served an Apprentiship to any Shop-keeping Trade, to set up the same, not only in Cities and Market Towns, but also in every Countrey Village. Secondly, because when they have been Necessitated for Money, (as often they are by reason of their great Expences and their small Trade) to sell their Commodities by Retail, in the several Market-Towns where they have been, and that at as low Rates as they would sell by whole-sale, have hereby greatly imposed upon their Trades and themselves both. But hence may some raise these Objections following. Obj.1. If this Hawking Trade by suppressed, what more convenient way can be found, for the Manufacturer to sell his Wares, and also for the Buyer to furnish himself with what he wants. Sol. There is no better way both for the Manufacturer to sell his Wares, and also for the buyer to furnish himself with what he wants, then at a Market. Of which conveniency I intend to Treat hereafter. Obj. 2. But if Hawkers be suppressed, the Shop-keepers will not have the convenience for the buying their Commodities then, as they have now. Sol. I answer, that most of the Shop-keepers in England are so sensible of the great wrong they have received from them, that they had rather Ride a hundred Miles to buy their Commodities, then they should be tolerated. Obj. 3. But if the Hawkers be suppressed, it will not be much the better for the Shop-keepers in Countrey Market-Towns; for then the Londoners and others will have Ware-Houses in places in the Countrey, which will be as injurious unto them as the Hawkers have been. Sol. For the prevention of this mischief to the Trade of the Countrey Market-Towns; it would be necessary that all persons were prohibited by a Law to have any Ware-house, or to keep any Factors or Servants to sell Commodities for them in any Market-Town or City in England; save only there where they do live with their Family. THis is a third thing that is very prejudicial, not only to the Woollen Manufacturer and Silk-Weaver, but also the Whole-sale Shop-keeping Trade and Merchant. It will be in vain to insist upon what hath been the Practice of many Persons in this Kingdom, concerning their breaking and puting themselves into the Kings Bench, paying little or nothing of their just debts; For this is too Notorious to the whole Nation: There are then four things that occasion Mens breaking. I judge therefore it would be of very great use and benefit to the Trade of this Kingdom, if there were a Law made to inflict some bodily punishment upon every one that should break for above one hundred pounds, and should not pay fifteen shillings in the pound of his true and just debts; and thus no man could be so suddenly undone by bad debts: For then men would not lose so much by three hundred pounds, as now they commonly do by two, nay, by one. Object. But many a man hath been brought low in the World, and yet have got up again. Answ. Grant there have been some that have got up again, who have not been able to pay full fifteen shillings in the pound. I say, admit there have been such black Swans, yet this is Rara avis in terris . -- And these are few in comparison of the many hundreds, who have not risen again after such a fall. Therefore there ought to be a severe Penalty inflicted on these, to compel them to discover their condition before it cometh to be at this rate with them. Besides, this is the more probable way of their Recovery. For hereby they will be out of debt, and their Creditors, by reason they shall lose so little by them, will certainly be the more kinde unto them. 5. I might also add one thing more that is the reason of the breaking of many men, who are of Retailing Trades, or at least of not paying their Creditors so timely as otherwise they might, who might have been Ranked among those mentioned in the first particular, to whom there ought to be shewed much Mercy and Compassion. Such are those Retailers that are encouraged to trust Persons because of their great Estates and Revenues, who do neither take any care, nor make any conscience of paying their just and true debts; who will keep the Tradesman from his Money, sometimes two or three yeares, although they have been importuned by him, both to his expences and loss of time. And although some will be so fair as to give both good words and Promises, yet these have been but miserable Evasions and Put-offs, as is evident, in that they never minde the Performance of them. But then again, there are others that are so far from giving good words, that they give altogether menaces and threatnings, which have made many a Tradesman afraid to ask for his own, for fear of a Stab. And others there are, that will Pretend the Trades-man hath Cheated them in over-prizing his Commodities, and therefore he must stay longer for his Money, which is another shift. Whereas it is the Trades-man indeed that is cheated, in being forced to stay so long for his Money against his Will. For it is impossible that he that shall stay a Twelvemonth for his Money, shall ever inhance the price of his Commodity so far, as to be sufficiently recompensed for staying so long a time for it. All men I think will grant, that if the Trades-man hath ready money, two shillings in the pound is but reasonable. Now then if he doth stay a Twelve-month before he is paid, he should have four shillings profit in the pound, if two years then six shillings in the pound, and so on, according to the time he shall stay for his money; because it will easily appear, that more then ten in the hundred profit might be made in a year, with ready money in a Trade. But now it is next to an impossibility for any Trades-man to gain four shillings in the pound, unless it be in some hidden Commodities, such as belong to the Apothecaries; and yet this in reason they ought to have, if they stay a Twelve-month for their Money. And if they can be no Gainer then, what will they be, if they shall stay two or three, nay, four years before they are paid. Assuredly, no man can possibly deny, but in this case a Trades-man must needs be a very great Loser. Further, it often hapneth, that after all this the Trades-man doth lose his whole debt, if it be not paid before the Person is dead, for then the Heir doth Claim the Inheritance, and the Widow her Joincture, and there is nothing left to pay the debts but the Personal Estate, which is seldom more then a Coach and Horses, and some Houshold Goods, which will not pay sometimes a tenth part of the debts. This is quite contrary to what was formerly wont to be. Then the truly Noble Gentlemen of this Kingdom, did esteem it their great honour, to fulfil exactly whatsoever they had promised, although it had been never so much to their detriment and loss. They would heretofore have disdained those Riglings and Shiftings which are used in our times: insomuch, that if the Trades-man had their Promise, they might more certainly have depended on it, then now they may on their Bonds. And hence it was, that the Statute of Banquerupt did concern only Trades-man, because all others then were punctual to observe and to perform their word, and careful to pay all their just and true debts. There are two things that probably would Remedy this, if it would not be thought too great a price of Presumption. First, the first is this, viz. That for all debts that are not paid within six Months time or thereabouts, after they are Contracted, the Debtor should afterwards be liable to pay the interest; And likewise if any die, whose Personal estate will not reach to pay all their debts, there may be in this Case by a Law Commissioners, that might be Authorised to sell, and dispose of so much of the Land, that was Possessed by the Debtor deceased, that will fully pay all the debts; and certainly this would be of no ill consequence to the Kingdom. For it would not only be a conveniency to Tradesmen, but in all probability might be an inducement to all Persons to take greater care to live within the Compass of their Estates. THIS is another late Grievance which doth prejudice and injure all those Trades before premised. For were it not for these, there would be abundance more Cloth and Stuff, and trimming of Suites used and worn out, then now there is. And they do not only wrong these Trades, but many others also, as the Tailor, the Hatter, the Sadler, the Shooemaker and the Tanner; for, were it not for these Coaches, there would be far more of the Commodities used and vended then now there are. And they do not a little incommode all the Innes in all the Cities and Market-towns in England; for where are no Coaches frequenting the Innes, they have there little (if any thing) to do; and they who have them get no such advantage by them, being forced to take such under Rates for their Horse-meat, that the loss they thereby sustein, is greater then can be regained by the Guests which those Coaches do bring unto their Innes; and then the Owners of them do receive so little benefit, that many of late years have been utterly undone by them. And then they carry multitudes of Letters, which otherwise would be sent by the Post; And were it not for them there would be more Wine, Beer and Ale drank in the Inn then is now, which would be a means to Augment the Kings Custom and Excise; Furthermore, they hinder the Breed of Horses in this Kingdom, because many would be necessitated to keep a good Horse that now keeps none. Now seeing there are few that are Gainers by them, and that they are against the common and general good of this Nation, and is only a conveniency to some that have occasion to go to London, who might still have the same wayes, as before these Coaches were in use, (which hath not been much above twenty years) therefore there is good reason they should be suppressed. Not but that it may be lawful also to Hire a Coach upon occasion; but that it should be unlawful only to keep a Coach that should go long Journeys constantly, from one stage or place to another upon certain days of the Week, as they now do. And since I am speaking of the Innes, I shall relate one thing more that doth greatly incommode them, which is the great number of Ale-houses that are suffered in all Cities and Market-Towns in England, in one of which is more Beer drawn, then in many Innes that pay six times the Rent that they do. Besides, there are many poor men who do spend both their time and money in them, whilst their Wives and Children are ready to starve at home. And then, if so many were not suffered to run into this way, they would (it may be) get into some other, which might be more for the general good of this Kingdom, such as the making of Linnen Cloth, Bone Lace, or the like. Furthermore, the Innes are a great conveniency, common to the whole Nation, being necessary for the Refreshing of wearied Travellers, and so ought to be encouraged. Besides, they pay great Rents to many Gentlemen in this Kingdom, which must inevitably fall, if they meet with such discouragements as these are. Now seeing it doth appear by what hath been said, that so many Alehouses are no way at all beneficial to the publick good, but many ways injurious to the same, then there is reason to suppress them; and I conceive there would be little less of Beer and Ale drank then now there is; for all sufficient men that can bear the expence of their money and time, would then frequent the Innes upon all occasions, as now they do the Alehouses. THAT which hath been the Bane almost of all Trades, is the too great number of Shop-keepers in this Kingdom. For as it is Related by Mr. Coke, in a Treatise of his concerning Trade, that there are ten thousand Retailing Shop-keepers more in London then are in Amsterdam. Now the reason hereof is, First, Because for many yeares there have been no other Trades but these to receive the Youth of this Nation. Formerly, when the Cloathing Trade did flourish with us, there were many sufficient Mens Sons put Apprentices to this Trade. Secondly, Because the Shop-keeping Trade is an easie life, and thence many are induced to run into it, and there hath been no Law to prevent it; or if there by any, it hath been very slackly executed, which maketh very many (like a mighty Torrent) fall into it, which hath been Verified for several years past, by many Husbandmen, Labourers and Artificers, who have left off their Working Trades, and turned Shop-keepers. And of Quakers, great Numbers of late years are become Shop-keepers; for if a man that hath been very meanly bred, and was never worth much above a Groat in all his life, do but turn Quaker, he is presently set up in one Shop keeping Trade or other, and then many of them will Compass Sea and Land to get this New-Quaking Shop-keeper a Trade; And if he be of a Trade that no other Quaker is of in the Town or Village, then he shall take all their money which they have occasion to lay out and expend in his way, their Custom being to sell to all the World, but they will buy only of their own Tribe. Insomuch, that it is conceived by some wise men, that they will in a short time engross the whole Trade of the Kingdom into their hands. And then again, there are some of the Silk-weavers, but more the Clothiers, that deal in as many if not in far more Commodities then any shop keeper doth, that hath been Apprentice to his Trade; for they sell not only the Cloth that they make, but Stuffs, Linnen and many other things; and have such wayes to put off their Commodities which the Shop-keeper hath not; for they will Truck them off for Shooes with the Shoomaker, for Candles with the Chandler, and sometimes with the Butcher for Meat, and will make their Work-folks to take the same for their Work, (although there be an express Statute against it) and then these Work-folks will sell the same again for Money, to buy such Necessaries which they want. And it is not much better with them of the City of London, for there are many that do live in a Chamber, that do take twice as much Money as many Shop keepers do, who pay four times the Rent that they do, so that it cannot be imagined what an unnumerable Company of Shop-keepers are in every place; and such Practices as these have utterly empaired all Shop-keeping Trades in this Kingdom, which are Grievances never suffered in former times, being against the common good of the People of this Nation; And its desired they were speedily Redressed for these following Reasons. First, Because the Shop-keeping Trade is both a convenient and easie Way for the Gentry, Clergy and Communalty of this Kingdom, to Provide for their younger Sons, that so the Bulk of their Estates may go to the Eldest. For there are few younger Sons, who are Trades-men, that have much above one years Revenue of their Fathers Estate for their Patrimony. Now these being kept close to business in the time of their youth, do many of them come to be sober and industrious men; and with this small Portion to live a little Answerable to the Family from whence they descended, being serviceable in their Generation both to their King and Countrey, and many times keep up the Name and Grandeur of their Family, when their Eldest Brother by his vitious and intemperate Life hath lost it. And oftentimes it proveth Advantageous to their Daughers too; for it doth frequently happen, when the Gentry die, that they leave but small Portions to their Daughters, scarce sufficient to Prefer them to Gentlemen of great Revenues, (Parallel'd to their Families) yet nevertheless may be thought worthy and deserving of Trades-men, who are the younger sons of Gentlemen, and by their Matching with such as these, do come to live a little suitably to their Birth and Breeding. Indeed the Innes of Court and the Universities, must be acknowledged to be both of them Places fit for the Preferment of younger sons; but every one hath not a Genius capable of Learning those Noble (yet abstruse) Sciences, there taught and profest, who notwithstanding are capable enough of a Shop-keeping Trade. Besides, if every one were fit for either of these, yet they would not suffice to receive a third part even of this sort of youth, and then what should be done with the rest? Should they be brought up to no Employment? but be left to the Extravagancy Extravigancy of their youthful lusts, to commit such impieties and debautcheries which may justly entitle them to the Compellations given by Augustus Cæsar to his leud Children, viz. To be Called the Botches and Biles of their Family? As it is observable in those Countreys where the Gentry disdain to place forth their Children to Trades, who therefore turn very dissolute and vitious, and no way serviceable (in times of Peace) in their Generation, either to their King or Countrey where they live. Secondly, because Shop keepers by Reason of their Education, were never used to labour, and should their Trades be destroyed by these meanes. they will not know how to maintain themselves and their Families; but they that have been bred to work, may labour in any other Employment, if that to which they have been bred will not maintain them. Thirdly, Because this hath Rendred the Shop-keeping Trade to be unprofitable, like unto many unstinted Commons that no body is the better for. Now where there is no Order or Rule there must be Confusion; as it is in Trades a this time. And yet there is Order and Rule observed in other Vocations, and why not so in this? The Minister must not Preach until he is Ordained; The Lawyer must not Plead before he is Called to the Barr; the Chirurgeon Chyragion must not Practice before he hath his License; Neither can the Midwife Practise before she hath her License too: And therefore why should any set up a Shop-keeping Trade, before they have been made free of the same. This is one Reason why so few Apprentices, after they come out of their time, do get into the World, or can make any benefit of their Trades. Wherefore it concerneth all whatsoever, whether Gentlemen or Clergy-men, to be very solicitous for the Preservation of this way of life, which is so conducing to the Preferment of their Children. Fourthly, because it will Cost a round Sum of Money, before a Child can be setled in any Shop-keeping Trade. First, To breed him at school and to make him fit for the same. Secondly, To place him forth to the said Trade when he is fit: Which will cost in a Countrey Market-Town, not less then fifty or sixty pounds, but in London upwards of an hundred; so that these Trades do seem to be purchased, and that not only with Money by the Parents, but with a Servitude also by the Son. Therefore as I conceive, they ought to have the properties of their Trades confirmed unto them, even as other men have the properties of their Lands confirmed unto them: That is, that no Person do set up any Shop-keeping Trade, unless they be made Free of the same. And if any should plead, that it might be lawful for one man to use anothers Land as his own for a Livelyhood, he would presently be accounted a Leveller and a Ridiculous Fellow: And certainly no less can he be accounted, that should argue it might be lawful for one man to use anothers Trade. For this Trade is bought with the Parents Money, and the Sons Servitude, and intended for a future Livelihood for the Son in the same manner as Land is bought by the Father, and setled upon the Child for his future Livelihood and comfortable subsistence. Object. But it may be Objected by many, that a restraint herein doth hinder Ingeniousness, the end of that liberty hitherto impleaded. Answ. I answer, the end by these opposers chiefly intended, is herein altogether frustrated, viz. A further improvement of the Shop-keeping Trade, which (beyond controversy) cannot be more improved then it is already, and therefore an uncontrouled liberty of undertaking these Trades upon this account, doth (as I conceive) rather pervert the operations of a pregnant Wit and lively Phantasie, which might be better exerted in other employments, that are fitter subjects thereof, yet abundantly more conducing to the publick good; such are Mechanick Trades, and others, (that may set the Poor more on work) by inventing Artifices and wayes for the making such Commodities here, which are now bought beyond Sea, and brought to us from thence, where they are made. But I fear any thing of so good consequence will scarce be effected, whilest this Liberty of turning Shop-keepers is permitted to all Persons promiscuously. Indeed the Parliament made an Act to encourage the Making of Linnen Cloth, but for this Reason there are few or none who have Medled with it. Obj. 2. But some may say, should the Gentry be encouraged to put their younger Sons to Trades, it might have a bad Aspect on the Safety and Weal of the Kingdom, as may appear from the benefit the French receive by a contrary Practice, who instead of making them Apprentices, invite them to the Camp, by which means the French King hath alwayes multitudes of brave Souldiers, both for Valour and Conduct. Answ. I grant, that if the French had not this way, they would never have an Army of any Note for Prowess and Courage, but would be as faint-hearted and low-spirited as Women; Neither could they have Alarm'd all Christendom, as of late. The Reason is this, there are in France but two sorts of People, viz. The High Gentry, and the poor Peasant; Now these latter are alwayes Enslaved by the former, and thereby so much dis-spirited, that they seldom prove stout and resolute Souldiers. And hence it is, that they have not had one Pitched Battel in all the time of the late Warres; but on the other hand the English are of better Metal, for whilest they are well paid, and preferred according to their Merits, there will be in them no want either of Courage or Conduct. As may appear by the late unhapy Warres, where there were many, and some of them but of a very mean Extraction, that were as Eminent both for Courage and Skill in Military Discipline as any sort or degree of Men whatsoever. But this is altogher destructive in the Time of Peace and Tranquility, which is most for the good of Mankinde, and chiefly to be desired. For so many younger Brothers being out of all Employment for a Livelihood, do occasion great Mischief to a Countrey, either by Robbing, or by Insurrections, (which is worse,) and therefore the French King is always engaged in VVars, either Intestine or Foreign. And it would be worse with us than it is with them, because the middle men of this Kingdom have plenty of children, and so have the Clergy, and were it not for the conveniency of trade to dispose of them, it would be impossible but that there would be great confusion. Now in France there are no middle sort of men to have children, and the Clergy have none, at least that they care for owning; so that it is manifest to all, by these reasons before premised, that it is much against the general good of this Nation, that such liberty shou'd be permitted in the Shopkeeping Tade as now there is. But what way may be thought of to remedy the same? Now to this end I shall suggest some particulars that may be esteem'd necessary; first for the setling of a right order herein, and afterwards for continuing the same when once established. For the setling of the Shopkeeping trade, Obj. But if no person should be permitted to sell any commodity that belongeth to the Shopkeeping Trade, but Shopkeepers only, then what shall the Clothier do with such commodities that he receiveth in truck for his Cloth. An. If the Clothier be convenienced in selling his Cloth, then he will not be so much expos'd to ruck it as he was before; but however, if he do at any time truck his Cloth for any of the Shopkeepers commodities, that then it should be lawful for him to sell the same in gross, and by whose sale, to those that are of the Shopkeeping trade, but not to buy and sell it as the Shopkeeper doth. THis is another thing that doth add to the great number of Shopkeepers, which was never wont to be formerly; for although a Merchant-Tayler is a very ancient Trade; yet, it is suppos'd that either they themselves did transport those garments that they made, for which reason they were call'd Merchants, as well as Taylers; or else they sold many Garments together, by whole sale to them that did transport them; but not one single Garment at a time, as now our sales-men do; for if so, then there would have been many of this Trade in London, long before the memory of any man now living; but its far otherwise, for many remember when there were no new Garments sold in London, as now there are, only old Garments at second hand. Now this new Trade hath spoiled many other Trades, but especially the Woollen Draper, and the Mercer, which were formerly such Trades, that the most sufficient men in the Kingdom did place their sons unto; and the Tayler they have also spoiled, which was, and which would be again, a far better trade than the Sales-man is now if they were suppressed; which is as uncertain a trade as any is in the Kingdom; and there be more that do fail in this trade, than in any other whatsoever whatsover , that makes all men very cautious to trust them. And the reason hereof is; 1. Because they are obnoxious to loose not only by old fashion stuffs but by old fashion Garments too. 2. Because many of them set up with little or no Stocks, that they are often forced to sell for little or no profit; nay sometimes to loss, for ready Money to answer their Creditors. Obj. But Garments bought of them are abundantly cheaper than those bought at the Shops, and made up by accustomed Taylers, as they are called. Sol. This is so in appearance only, and not in reality; for should they work up their sale Garments with as good Cloth, or Stuff, as is bought at the Shops, and put in as good Linings, and bestow as much workmanship therein, as the customed Taylers do, then they could not be cheaper. But the reason that they appear so cheap, is, because the stuff they use in the sale Garments, is so very sleight, that no body would buy the same in the Shop; and because the Linings are very ordinary, being often taken out of old Garments: and farther, they make up that in a day, that the customed Tayler doth not make up in four days at the least. Obj. I know there are some that will say that they do buy their Commodities cheaper than the Shopkeepers do, and therefore it is that they do sell cheaper. Sol. But this is a very great mistake; for there are no men that do generally buy their wares worse than they, and that for those reasons before premised. But admit that they did sell cheaper (which as I say in reality they do not) yet they are a great hinderance to the common and general good of this Kingdom which should be chiefly prefered, for hereby is lost a greater conveniency than is gained by it; viz. three substantial Trades for the preferment of the Youth of the Nation, for one that is not near so good, as the meanest of the three, if this were away. For admit that a Gentleman of four or five hundred pounds a year, should save twenty or thirty Shillings a year, by his buying of the Sales man, (which as I conceive, might be the most that any such person can save by it) yet they cannot be so great a benefit to him as is the conveniency of two substantial Trades for the preferment of his younger Children; so that it will consist with good reason to suppress them, seeing they are so injurious to the common good of this Kingdom. And few of them would be prejudiced by it, because most of them are Taylers, and so they may be still, and others that are not so, may be permitted to take up any other trade that they mangage. THese are such that do proffer wares to sale by retail either by crying it in Cities and Market Town, or by offering it from door to door all about the Countrey, and which do greatly add to the number of Shopkeepers; for they carry their Shops at their backs, and do sell more that way, than many Shopkeepers do in their Shops, which is not only a prejudice unto them, but (if they are suffered) will (in time) be the utter ruin of all the Cities and Market Towns in England, for of late there is not any commodity to be named, and that can be any way ported, but that the Pedler doth carry all about the Countrey to sell; that people (after a while) will have little or no occasion to come to the Cities and Market Towns for any thing. This also was not wont to be formerly, and ought not to be now, as will appear if it be considered how much in these following particulars, the Shopkeepers are beneficial to the Common-wealth of this Kingdom; and hin how few of these the Pedlers are beneficial unto the same. 7. The Shop-keepers being sufficient mens sons, and being soberly, and religiously educated, they come to have (for the most part of them) such principles in them, that they detest to use any indirect way in their dealings. And if they had not this inward principle, yet the consideration how Prejudicial any such thing would be unto them in their Trades by reason of their fixed habitations, doth make them to do that thar which is right and just in their dealings. But neither of these can rationally sway the Pedlers, because their education usually is very base and vile, being (for the most part of them) wanderers from their youth, an imployment that few sober men do meddle with, so that no man knows whether they have any principle of Religion, yea or no, for it is seldom that any of them, are ever seen at any Church whatsoever: and then they being Wanderers, makes them bold to use any indirect ways in their dealing, when they have an oppertunity; for when they have done, and taken their money, away they are gone into another Country, and are seen no more in that place. And this is the reason that they do often sell one thing for another, as Callico for Holland, and do sell that by the yard, that is usually sold by the ell, and do often make less than measure, extreamly, cheating the ignorant Country people in the price of their commodities by their asking sometimes three times the price more than they can afford them. I shall not insist upon shewing wherein it is that they are prejudicial to the Shop-keepers, for this is obvious to every man already, how they do come into any place where the Shop-keepers Trade doth lie, and there do take most the ready money of their customers, whilst Shop-keepers commodities lie by them, and braid at home. And by this means they sell but little, (unless any one do want to be trusted) for they seek no further than their Shops for a trade, depending upon the people that shall come unto them, that do live within six or seven miles of the Town where they do live. I might add many other arguments for the suppressing of them, were not these (already mentioned) sufficient. Obj. But many will say that they do sell cheaper than the Shopkeepers will, because either they do buy their commodities cheaper, or else they do steal the customs, and so may afford them cheaper. Ans. This is impossible, except they be such commodities that have been stollen; for no man reasonably can apprehend, but that the Merchants will sell as cheap to the Shop-keepers as they will to the Pedlers; because if at any time they do want their money, they do know where to find the Shop-keeper, both him and his estate; but so they do not the wandring Pedler, neither him nor his estate. And then I suppose their stealing of custom will be no argument for their toleration. Now if the Shop-keepers do buy as cheap, then they will sell as cheap as they; and there is no Shop-keeper whatsoever, but but but will sell any such commodity that the Pedlers do sell, for a peny in the shilling or two shillings in the pound profit for ready money; and if they do sell for less profit, it can hardly be discerned by the buyer: And if they shall sell their commodities for less than it cost them, this can be no argument for their toleration; because hereby they may impoverish those persons that they do deal with, as already they have, and such that have been reputed to be with 20000l. Obj. But should they be suppressed, what shall so many thousands of them do for a livelihood? Sol. That for those that are Scotch-men, it doth little concern us, they being people of another Countrey: And for those that are English-men, there are few of them but were Labourers before they were Pedlers, and so they may be again, should they be suppressed. There are two more objections which I refer with their answers to the next Sect. As touching the way whereby to suppress these sort of men, I deem there need no other than the Law that is already in force, only it would add more strength to the Law, if the Statute of the 39th of the late Queen Eliz. were interpreted by the Parliament, to be meant of all persons whatsoever that should either cry the selling any wares in any City or Market-Town, except victuals only, or that shall wander about the Countrey, offering their wares to sell at the several places where they shall come. THis is another thing that (as well as Pedlers) doth greatly increase and add to the number of Shop-keepers, and doth likewise contribute towards the ruining of the Cities and MarketTowns in Englaad , and which was never wont to be formerly; for now in every Country-Village where is (it may be) not above ten houses, there is a Shop-keeper, and one that never served any Apprenticeship to any Shop keeping Trade whatsoever; and many of those are not such, that do deal only in pins or such small wares, but such that deal in as many substantial commodities as any do that live in Cities and Market-Towns, who have not less than 1000l. worth of Goods in their Shops, for which they pay not once farthing of any Tax at all either Parochial or National. Certainly all men must needs apprehend, that if this, and Pedlers be suffered, that Cities and Market-Towns must needs be impoverished, because then there will be little occasion (I say) to bring the Countrey people to them, the which hath happen'd in a very great measure already; for in some places there is not a fifth part of the money taken by the Shop keepers as was formerly, and in many places not half, and in some particular trades there is (as may be made appear) 25000l. stock made use of less than there was heretofore. And there are these several reasons following, why it is necessary that Market-Towns and Cities should be encouraged and upheld in their trades. Furthermore, the Kings of England have been alwaies furnished with men for their Wars out of the Cities and Market-Towns of this Kingdom; and the greater trade there is in any place, the more people commonly there are in that place: Therefore it concerns this Kingdom to have Trade promoted and encouraged in Cities and Market-Towns, that so we might have people enough at all times to resist an enemy that shall oppose us. Besides, poor and beggerly Cities and Market-Towns are a very great disparagement to a Country, but the contrary is a great honour: For what more graceful to a Kingdom than the many rich and wealthy Cities and Towns therein? for this reason, as well as for all those already mentioned, all persons that are of publick spirits, should do all they can to advance them, by encouraging of their trade; and no one way can do it more effectually, than to suppress those that do take their Trades from them. I might add here also, that many of the houses in Cities and Market Towns do belong to many Gentry, and therefore they should be concerned for the encouragement of Trade therein, because thereby they will advance their own revenue. But this particular I have mentioned already under another head. Obj. But these and Pedlers are a very great conveniency to the Countrey people, who have the opportunity of buying their commodities at home. Ans. 1. If any person is so in love with this conveniency that he is unwilling to part with it, then it is pity that the said person had any other way but this for the vending both of his own, and Tennants Country Commodities. 2. There are very few of the Gentry in this Kingdom, but who have Horses and Servants, and so can send to a Market Town at any time, for any thing that they shall want; and for others there are few in England (especially within 80 or 100 Miles of London) but they may either go or send thither two or three times in a Week. Formerly people had not this conveniency, and yet then they did well enough; for if they do not depend upon the having of any small thing at home, they will be sure to remember, to have all that they want, when they either go or send to a Town. However, if there be any such place, that is so remote from a Town, that they cannot send to it, without too much trouble, there a Shop-keeper may be allowed to set up, alwaies provided that he hath a certificate of his freedom of some Shop keeping Trade; and that the place where he shall set up in, be eight measured Miles from any Market Town, which is hardly six by computation. Obj. 2. But these and Pedlers do occasion more Wares to be sold, than otherwise there would be. Sol. If these and Pedlers be suppressed, then the people in the Countrey will frequent the Towns more, which will encourage the Shop-keepers to be better furnished than now they dare to be; and doubtless they will be as ingenious and as dexterous (though perhaps not so impudent) as the Pedlers to put off their Commodities; and people when they are in Town, will be apt to buy more than now they do, that they may not want when they have occasion; and so by this means abundance of Wares may be used more, because having thereof by them, they will be apt to spend the more; so that there will be little in this; besides, admit that these and Pedlers do promote the sale of some small trifles, yet they hinder the sale of those Commodities, that do more concern the publick good and interest; for if they be supprest, then people would frequent the Towns more, which will occasion more of Beer, and Ale, and Wine to be spent than now there is, which will advance both the King's Customs, and his Excise. Obj. 3. However some may say, it may be necessary for people in the Countrey to sell some small things, as pins, and the like. Sol. That under this pretence many will sell all other things, as hath been already shewed; and if men were of such publick spirits to endeavour to promote the trade of Cities and MarketTowns indeed, then it would be necessary that there were no trades permitted out of them, but such only that the Countrey cannot be without; such as a Black-smith, a Plow-wright, an ordinary Carpenter, and Mason, a Cobler, and a botching Taylor, fit only to mend and make the childrens clothes. Neither would it be necessary that any Ale-houses in the Countrey be allowed to sell any Wine, or that they have any Bowling-green, or any thing else that might hinder the Gentry from coming to Market-Towns. And as Shop-keepers in Villages, are a very great injury to Market-Towns, in the Countrey, even so are they to the City of London, that have (since the fire) set up in Convent-Garden, and on that side of the City; by which means many of the houses and Shops, are not tennanted, and those which are, the Rents of them are exceedingly fallen; and all this is for want of the Trade that they had formerly. Now considering what a renowned City that is, both for government, for Trade, and for stately Edifices, that its thought, there is not the like in the whole World; and considering the geat charge that they have been at in the rebuilding of it, it is very requisite that they should be encouraged as much as may be, and that their Trade should not be taken away by such ways and means as these are. Now there are some Trades whose Commodities are such, that it would be very little more trouble for any one to go into the City to buy them, than to go to Convent-Garden, such as Wollen, or Linnen Cloth, Stuffs, or Hangings for Rooms, or Plate, or the like; if then all such Trades, were prohibited from setting up on that side of the City, it would presently fill their Shops and Houses with people, and their City with trade, I had thought to have treated here, how the Shopkeepers are inconvenienced to get in their small debts, which cannot be done any way without putting the people concerned to three times more charges than the debt is, which is likewise a great hinderance to the poor, as well as unto them; but this I shall omit, this book being already swollen much bigger than I did at first intend. IT is the custom of all Countreys to endeavour the improving of that which seemeth most nearly and chiefly to concern them; and other things that are more remote, not to be solicitous for; and therefore the Dutch do endeavour the promotion of Trade, for that is their nearest and chiefest concern; and we do chiefly endeavour the improvement of rents and revenues, because this we apprehend is our nearest and chiefest concern. Trade seemeth to us to be more remote, although, as I humbly conceive, if it be rightly considered, that the way to improve rents and revenues, is first to improve trade; because the improvement hereof is the natural product of a good and flourishing trade. As for example if there happen to be a flux fux of rain to fill all the little rivulets and dikes, they do naturally cause the greater river to rise by their flowing into it; and the greater confluence of waters there is in any of these rivulets, the higher will be the tide of the greater river. Now it is the same between trade and revenues; for if there be any flux of trade, that the trades-men thereby have a plenty, it presently advanceth all the Farmers commodities, and so consequently rents and revenues too; which are not only lands in the Countrey, but houses and shops in Cities and Market-Towns; and the freer current there is of trading, the higher will be the tide of rents and revenues. And so on the contrary, if the Farmer be obstructed, the latter will be impeded and hindred. So that all persons are concerned to endeavour the promotion of trade. And for a farther incitement herunto, consider that the Dutch already have gotten into a trade with all the world, and the French King doth lay about him amain for his people to get into a trade too; and therefore it doth highly concern us to do the same; especially seeing that (as all Writers upon this subject do say) England hath as many conveniencies for trade as most places in the World, and the people are as industrious, only there wants laws to set their trade right, and afterwards to keep it in a right and good order: for if a watch be never so exquisitely and elaborately framed, yet if there be not a hand to set it right, and afterwards to keep it so, it will quickly prove faulty, even as it is with trade at this time. Now to the end that trade might be promoted in this Kingdom, and that it may be regulated and set in such order, that it might run in its right current, and that we might be able to balance either the Dutch or French herein; I shall humbly suggest these three necessary particulars, that in all probability will effect the same. 1. If there were a counsel for trade made up of some eminent trades men of the City of London, mixt with some of the Countrey, and some eminent Clothiers, who might consider what might be necessary for the promotion of trade, and for the right setling thereof, and who might suggest the same to the Parliament when they do meet, that so they may have the less to do herein; for the whole structure of trade is very much out of frame at present, which would require much time to set it right again; and the Parliament do seldom sit above two or three months or thereabouts at a time, and then they have such a throng of other business obtruding them, that they have little or no leisure to mind the concerns of trade. IF all those of a Trade were of one and the same Company, and had power to make some by-laws for the good of their Trade, it would extremely conduce not only to the promotion of the same, but to the keeping of it in a right and good order, preserving (at least) a temperamentum ad justitiam , if not ad pondus in our trades and negotiations. And doubtless ab origine it was so in London, as appears by the several denominations of their several Companies; the defect whereof, I judge, is the reason that the trade of that City is declining, and grown so consumptive, and (unless suitable and timely means be used in order to its recovery) will certainly and suddenly expire: For if none were of a Company but those only that were of the same trade, they would be freqently whetting one another to do something that might be for the advancement thereof; and every one would refrain the doing of any thing that might give a wound to the same, for fear of being reprehended by the Company. But now if any persons trade do differ from the trade of his Company, of which he is free, he doth then mind but little the trade of that Company, because he hath a small benefit by it; but if his trade be the same with the Company of which he is free, then he is very often mindful of what may be necessary to promote the same, because he doth expect a benefit by it. Now (I conceive) this might easily be reduced to what it was at first; for it would be no prejudice to any of the Companies, for every one to have the liberty to come into that Company that his trade is of, and to be in the same state and degree therein, as he was in, in that Company that he came out of, without paying any thing more for it; because, as they shall hereby lose some of their members out of every Company, so will there be received some more into them. Obj. Now there are two Companies in London, viz. the Girdlers and Fletchers, that the trades thereof are quite lost and gone, there being none of either of them; and if this device should take place, the rents belonging to those two Halls will be lost, because there will be no body to look after them. Sol. That the Linnen-Drapers have no Hall, and is no Company, which now is the most flourishing trade of the City; therefore it would be very convenient to joyn these two Halls together, and to make them belong to the Linnen-Drapers Company. And then to the end that this order might continue, it would be necessary that no person be suffered to set up the Trade of any particular Company, unless he be first made free of the same. Obj. But if this be so, then the priviledg of the City will be lost; which is, that he that is free of any trade, may set up any other whatsoever, that he can best live upon. Sol. My meaning is, that he that hath been Apprentice to a working Trade, should not have the priviledg of setting up the Shopkeeping Trade, and that for the reasons that have been already given: Yet I deny not but that it might be convenient enough for any Shopkeeper (that is only of buying and selling) to have that priviledg to leave his own Trade, and to take up another Shopkeeping Trade, that he may live better upon. But then it would be necessary that he should be enjoyned to leave his own Trade altogether, and to quit his freedom of his Company, and that within a certain time, that may be thought convenient; and that he be also further enjoyned to take his Freedom of that Company as the Trade is of that he intends to set up, and that within such a convenient time. And as this being in Companies, is necessary for Shopkeepers, and all other Trades, even so it is for Merchants too, that all they that do trafique to any particular Country, which should exceedingly encourage all Forreign trade; for there would be then such an order in the Trade of every particular Countrey, that men would gain thereby, whereas now it doth too often happen, that they do loose. I know there are very wise men, that are very much against Merchants being in Companies, but I cannot find that any Merchandizing Trade is managed so well, as those that are managed by Companies; and this appeareth by the Dutch, who do trade altogether in Companies, and who is it that hath such success in Trade as they have; likewise ourHamborough trade was never carried on better, than when they were in a Company, and it was then better for Clothiers too, then ever it hath been since: and I cannot but believe that if the Fishing trade, that is so advantageous to the Dutch, were committed to a Company, it would in a short time turn to a very good account. But I suppose that the reason that many are against merchants being in Companies, is because hereby many men would be barred from adventring to any Countrey, unless they were free of that same particular Company. Now to help this, it would be necessary that any one should have the liberty to be of any Company of Merchants that he hath a mind unto, always provided that every such person do engage to submit to the Laws and Orders of the said Company; and if it be so, it can be no prejudice to any man, for he that hath an estate enough, may be free of many Companies, and so may adventure into many Countreys. Obj. But now every particular trade, cannot be a particular Company in few other places but in London, by reason of the paucity of the Traders there. But yet nevertheless, they may be in Companies in the Countrey Towns, for there may be many Trades that may conveniently be of one Company; as all these Shopkeeping trades, viz. The Woollen and Linnen Draper, the Mercer, the Milliner, the Apothecary, the Grocer, the Chandler, the Ironmonger, and the Book-seller; even so many Shop-keeping working Trades may be of another Company, and many other working Trades, that are not Shopkeeping Trades may be of another, and those that employ the poor, may be a distinct company likewise. Now it would be necessary also, that these Companies in Market Towns, should have the same priviledges, as they have in the City of London; that is to say, that they might choose their own officers, and have power to make by-Laws, for the benefit of their trades, and bind Apprentices, and make them free, and to give them a Certificate of their freedome, without which no person should set up any Shop keeping Trade in any place whatsoever. Neither would it be fit for any one to manage two Shopkeeping trades, that is to say, such that either have been distinct trades of themselves, by the custom of the place, or that may be made so by agreement of the Shopkeepers of any place; for as I have said, it would be much for the benefit of the Shopkeeping Trades, that they are distinguished as much as may be. Neither should any person be admitted to manage any other Trade but his own, unless he doth leave the same altogether within some convenient time after he hath set up another; and in default hereof he should be liable to a penalty. And then it would be expedient, that that irrational custom of Corporations be taken away, viz. That no one should set up a Trade in any place, but there only where the party was Apprentice. I can see no reason for this custom in any place but London only; for why should any man that hath served his time to a trade, be barred from setting up in another place, if he can have a better livlihood there, than he can where he served his time or; if a young man shall be offered a Shop, and a Wife in another place; why should he be barred of such an opportunity, that is so much for his preferment. Therefore it would be necessary, that he that hath served an Apprentiship in any one place, might have the liberty to set up in any other whatsoever; always provided that he hath a Certificate of his freedome, and that he is not likely to be chargeable to the Parish. 3. If there were weekly Markets appointed in convenient places of this Kingdom, for all the manifactures thereof to be sold, it would extremely help our trade, and be a very great benefit both to the Sellers, and also to the buyers. For by this means, the Sellers, so soon as they have made their manufactures, would have presently a Market to go to, where they may meet with variety of Chapmen; and if the Market do not serve one day, it will be no great charge for them to go home, and to come another; when it may be their wares might go off better, and then all the rest of their time, they are at home looking after their affairs; whereas now, they are forced to spend a considerable part of their time, in running up and down the Countrey to sell them Wares, whilst their business doth go backwards at home. And as it will be convenient to the Sellers, even so it will be to the Buyers too, who by this means will have the opportunity of the choise of goods, and of furnishing themselves with all the assertments of such commodities as are sold at that Market, which they could never be supplied with by the Hawkers. Now one great reason, why so many manufacturers do run all about the Countrey, hawking of their Commodities, is because they have had hardly any other conveniency but this to sell them; except it be at Fairs, which (as it may be supposed) are not so convenient as Markets; and that for these following reasons. Now a Market every week will remedy this, because when this poor man hath made as far as his Stock will go, there is a Market ready for him presently to go to, so that by this means, he may seldom have occasion to borrow Money to drive on his Trade. Now concerning the places, that might be most convenient for these Markets, it would be necessary, that wheresoever any Commodity is made, that there should be a Market for the same, viz. at Meer for Ticks, at Sherborne for Buttons, at Taunton and Exeter for Serges, and Manchester for Dimithys and Fustions, and other Commodities made there; at Norwich for their Stuffs, and likewise at all Sea-ports, where any of our Manufacture is shipt off; as at Bristol, Southampton, Hull, and Newcastle, and the like; London will be a Market sufficient for all places within threescore Miles of it. And then when once these Markets are setled in the several and respective places, it would be necessary that no person or persons whatsoever, have any liberty, either to buy or sell any such Commodities, that are usually bought and sold by Shop-keepers, but either at the Market-place appointed in the several Cities and Towns, or at his or their own dwelling house, & he that should either buy or sell any such commodities that should be proffered, (unless it be in one of the aforesaid places,) they should be liable to a penalty. Obj. But should the Silk-weavers, and all others, be enjoyned to sell their wares at a market, it may be prejudicial to the whole-saletrade in London; because many Countrey Chapmen may buy at these Markets. Sol. That they have already in London a by-law, that all wares are forfeited that are forreign bought, and forreign sold, and none but Free-men are allowed to buy at Blackwell-Hall; and so it may be at these Markets: And for the benefit of the City, it may be more strict, viz. That it should be unlawful for any Free-man to allow any other to buy at these Markets in his name. NOw all men do look upon this to be one of the best designs that ever was in England, because hereby our Poor will be employed, our Land will be improved, and many thousands of pounds will be saved from going out of the Kingdom for this commodity. Concerning the place that would be most convenient for the setling of this Trade; it should not be any where within sixty miles of London, especially all along by the river of Thames; for all the land in this distance doth bring forth little enough to supply that City with Corn and other Provision: And besides, all these places would be most convenient for the clothing-trade, as appears by those reasons before given; neither would any of the West Countrey be convenient for it, because there they have a manufacture that is sufficient to employ them already. Therefore, as I conceive, that the only place for this Trade would be in the Northern parts of England, especially if the Irish Act be repealed; and that for these reasons. 3. That there be Linsters or Linneners in the Cities and Market-Towns in those parts, that should be encouraged, who might buy this Hemp and Flax of the Farmer, and cause it afterwards to be drest, and spun, and woven, and whiten'd, and made fit for the Market. And it would be necessary that the thread be whitened before it is made into Cloth, which will hereby the more resemble French Lockeram and Dowlas, and will be much the stronger Cloth. And the way to encourage the people to adventure upon this trade, would be to secure them from being losers by it; for those that are most likely to do good upon this trade, must be such that are stirring men, and that have some small stock of their own; which being all that they have to depend upon, are unwilling to hazard it in a publick concern; and there is no reason that they should, especially because its seldom but that he is a great loser who doth first adventure upon any new project. Now this is the way that the Dutch do take in any such design, and it must be the way that we must take to, if ever we intend to effect any thing of this nature in England, as is plain in that there have been but little or no progress made herein, though it be near fifteen years ago since the Parliament made a law to encourage it. Obj. But if those that do undertake this business be secured from losing, then the Countrey may be cheated; for they may pretend to be losers when they are not. Sol. It must be expected that in the obtaining of such a trade as this is, there must be some inconveniences dispensed with at first, which will be better born by a publick than by a private stock; and then this inconveniency may not be for any long continuance, but only unto such time that the people have learned the way, and are a little acquainted with the same. I shall not suggest any thing how this stock may be raised for the securing of those persons, because that may be easily done in the several and particular Counties where this manufacture shall be made. THere are several Statutes in force that are injurious to trade, but especially that for the subsidy of Aulneage, as will appear, if any one do consider, 1. The exceeding greatness of the forfeiture, which for not paying of two pence for a Seal, there may be lost a piece of Cloth worth fifteen Pounds. 2. That notwithstanding the greatness of this forfeiture, yet Trades men are continually obnoxious hereunto; it being not possible to avoid it; for sometimes the Seal will rub off in carriage, which being found, hath cost some men dear; sometimes they rub off in shewing, and tumbling of the Wares in the Shops upon Market days; or when men are busy, they cut off the part that the Seal is annexed to, and do not mind it; and sometimes Servants are careless herein; but in all these cases these Cloths, or these remnants of Cloth are liable to be lost; nay a Shop-keeper is hereby hindred from selling half a Cloth at any time to a Chapman; because they cannot both have one Seal on their parts, and he that hath it not is likewise liable to loose his; so that by reason of this law, the Shopkeeper is in danger of losing. By this means the duty is doubly paid, and more; for although there is not one Cloth or Serge that cometh into any mans Shop, without this duty being first paid, yet the Shopkeeper is forced to pay what the Aulneager will have every year; which commonly is more than the whole duty would come to, if he paid for every particular piece that he receiveth into his Shop; and if he desired more, the Shopkeeper must pay it; unless he will always be in fear of being prejudic'd. Certainly if Markets were established as is before suggested, they would remedy this, because then those concerned in the gathering of this Tax, may look only after the Cloth and Serge in the Markets, and so might not be permitted to examine any Mans shop, or at least, if they were, only whole pieces should be liable hereunto, and not any remnants; for no man for the saving of two pence, would cut his Cloth into remnants, and then it would be necessary, that the forfeiture doth not exceed five Shillings, which is enough for not paying of so small a sum; nay, and if the seal have been rubb'd off in the carriage, and that the Shopkeeper can procure a Certificate under the hand and seal of a Justice of Peace, that the party of whom the Cloth was bought, hath testifyed upon his oath, that the said Cloth was sealed, and that the duty thereof was paid; that in this case the forfeiture should be omitted. 2. The Person before mentioned Mr. Cooke. doth say, that the Statute against Naturalization, is prejudicial to trade, because there is a great want of People in England; there being so great a multitude, that have transplanted themselves into other Countries, and many lost by the late Wars, and by the great Massacre in Ireland, and the late great Plague; all which have very much depopulated England; especially all places that are upwards of fifty or sixty Miles off London; and then there is abundance of wast Land in England, such are Commons, which would imploy multitudes of people more than we have, though the law forbid other Nations: other Countries have thought this to be their interest, insomuch that they have not only invited the people of England, such that have had skill to work upon that Manufacture, that they have had a design to promote; but they have also encouraged them by appointing them a convenient place to live in, and exempted them for some years from paying those Taxes usually paid by the Natives; and if this be for the benefit of this Nation, (as is deemed, not only be the person before mentioned, but by many other judicious and Wise men,) then never was there their a better oppertunity for it than now, when so many parts are so sorely infested with Wars, that people would (in all likelihood) be easily induced hereunto: indeed these Walloons that setled in England, in the raign of Qu. Elizabeth, were never hurtful but helpful to this Nation, and the Art of making their Manufacture is now as beneficial to this Kingdom, as any other whatsoever; and doubtless so would it be, if a Colony of people that had skill to make Linnen-cloth, were setled in the Northern part of this Nation. The Irish act that prohibits the importation of their lean Cattel, doth greatly hinder Trade, in that the Money that was made of them was returned in Commodities; such as all sorts of Silks both wrought and unwrought; all sorts of Stuffs, both Hair and Worsted; Cloth Gold, and Silver, and Silk Laces, and many other Commodities, and then by this means there was meat in our Sea-ports for the victualling of Ships, which brought a Trade unto them from other parts; not only for Victuals, but for Tallow and Hides also; all which Trade by this Act is quite lost and gone. 2. It is injurious to the Grasiers too, in regard that these Cattel did cost less Money, and would fat sooner, and so did pay far better than would our English breed Cattel; and by reason that so much meat was vended into other Countries, from our Sea-ports, they always had a quick sale for their fat Cattel, which is not so now. 3. All men, both Gentlemen Trades men, and Countrey men, are injured by it, in that they pay at least a fifth penny more for their meat now, than they did before this Act was made, which if it were accounted from the time that this Act was made, it would amount to many hundred thousands of Pounds in the whole Kingdom: seeing then it is so much against the general good, it would be happy for this Kingdom if it was repealed; for there is but one little spot of the Land in comparison of the whole that receiveth any benefit by it, which is only in the Northern parts for breeding of young Cattel upon their Land, which (as I have said) would be as well improved by sowing of Hemp and Flax if in those Parts the making of Linnen Cloth was encouraged."
"SECT. I. The Introduction."
"The Trade of England Revived: And the Abuses thereof Rectified [...]"
"THE many Objections formerly made against the East-India Trade, because was carried on by the Exportation of our Coyn or Bullion, and by the Importation of Manufactured Goods and Toyes, were usually answered by the Advocates for that Trade, that such Goods could not be injurious, because were not spent in England, but Transported to Foreign Markets, and thereby occasioned the Importation of more Bullion than ever was Exported: But the Truth (which was formerly denyed) being now owned by this Treatise, that one half of the said Goods are consumed at Home, and that those Manufactured Goods do hinder the Consumption of what are Fabrickt by our own People. The Landed Men have now Reason to conclude, that they are more concern'd in this Contest, than the Weavers, as well for their particular Interest as the publick good: And therefore the Considerations here Offered are thought necessary, that these new Maxims and Arguments may be Examined; because the Rents of Land as well as Preservation of our Coyn, Consumption of our Manufactures, and the Imployment of our People, doth much depend upon what Resolutions may be taken for the settling of this Trade. The General Notions about Trade from Page the First to Page the Eleventh are postponed, to be considered at the end of this Treatise. Page the Twelfth asserts, To justifie the first Proposition, it is said, That we Export but 400000l. per Annum , of which 1/8 to 1/4 is in our Home made Goods, and that the produce of 200000l. brought home and spent in England, being the one half, yields us 800000l. and the produce of the other 200000l. being in Goods sent Abroad to Foreign Markets, yields us another sum of 800000l.: And therefore that England gains by this Trade 1200000l. per Annum clear. Page 16, 53. Instead of offering Vouchers to prove this Accompt, it is said, That it must be clear Gains, because the half spent in England prevents the Exportation of treble that sum in Money, which would otherwayes be carried out for the purchasing of Silks and Linnens in Foreign Parts, and that the other half must be clear Gains, because no one versed in Merchandize will deny it. Page 16. And for a further confirmation, the Author tells us Page 17, That he hath cogent Reasons to believe this Nation did increase in Riches from Anno 1656 to Anno 1688, 2 Millions per Annum ; and that after much study and thought did find, that the said increase did arise 900000l. by our Plantation Trades, 500000l. by our Products and Manufactures, and 600000l. from the EastIndia Trade; which we must believe, because he saith the matter is not capable of any clear demonstration to the contrary. Page 18. It is thought convenient to answer this Accompt with an Accompt much different, and yet probably as true, viz. That there hath been Exported for India Annually ever since Anno 1673. when the Trade in Manufactured Goods from thence begun first to increase till Anno 1690, about 600000l. per Annum in Bullion by the Company, Private Traders or Interlopers, from England or Spain, and that the Goods brought from thence never brought back into England, nor saved the going out of 200000l. per Annum in Bullion: And therefore that this Trade, instead of being profitable to us, hath exhausted about 400000l. per Annum of our Treasure, and done us much Mischief by the Importation of such Goods; and that our Riches have not Increased ever since Anno 1666, but have Annually Decreased very much by Trade. But before any Argument should be enter'd upon, which of these Accompts is most Justifiable, 'tis requisite to agree upon matter of Fact and Principles, particularly what may properly be called the Riches or Treasure of a Nation? Or what may be esteemed the most Useful, after what is absolutely Necessary, to supply the Necessities of Nature? Some being of Opinion that nothing doth deserve that Name, or to be so esteemed, but Gold and Silver; because no other Metal is so lasting and durable, or so fit to receive the Royal Stamp, nor to be ascertained in Value, and divided into several Denominations, nor so convenient to pay Fleets and Armies; and because hath a general esteem in all parts of Europe, as fit for such uses, and to be the Standard for the carrying on of Commerce, and to be Barter'd off for all other Commodities. That Jewels, Lead, Tin or Iron, though durable, yet having not those other qualifications, do not so well deserve to be esteemed Treasure. That Silks, Woollen Goods, Wines, &c. may be esteemed Riches between Man and Man, because may be converted into Gold and Silver, yet do not deserve to be esteemed the Riches of the Nation, till by Exportation to Foreign Countries are converted into Gold and Silver, and that brought hither, because are subject to corruption, and in a short course of Years will consume to nothing, and then of no value. This being stated, if agreed, whoever will undertake to make out, that we have either by the East-India Trade gained 1200000l. per Annum , as asserted, Page 15, 16. Or that the Nation did increase in Riches from Anno 1656 to Anno 1688, two Millions per Annum , must make out that so much was Imported in Bullion, over and above what was Exported: Which is so far from being generally believed, that many are of opinion, we have had our Treasure Annually exhausted ever since 1666, not only by the East-India Trade, but also by the great Exportation of our Coyn to the Northern Kingdoms to purchase Naval Stores, and Deals, Timber and Iron, used in the Rebuilding of London, and a greater number of Houses since erected elsewhere, and to other places and Countries for supplying the many losses of Goods that were burnt by the Fire, or spoiled in removing, for the purchasing of Foreign Commodities for the furnishing of the new built Houses, and to carry on the French Trade. From Anno 1656 to 1688 is 32 Years, which at 2 Millions per Annum is 64 Millions. All that remember how plenty Money was in this Nation Anno 1656, may find reason to conclude that we have not now in the Nation as much Gold and Silver as we had then. So that either the 64 Millions hath been spent since 1688, (which no Man can believe) or else was never gotten; which is most likely to be true: Because, according to the best computation that can be made, it is concluded there hath not been Imported into Europe from Africa and America (from whence only any quantity of Gold and Silver comes) since the Year 1656, much above 2 Millions per Annum , and it cannot well be imagined that we have got all to our shares: But if the Author had spent more thoughts, and study, to have found out where the 64 Millions he mentions to be gotten, are now to be found, would have done the Nation a great kindness at this time. In justification of what hath been said, that we lose by the East-India Trade, as it hath of late Years been managed, these particulars are offered. Till these Objections be removed, we must be very credulous if we believe that the India Goods Exported bring us back as much Treasure, as that Trade carries from us in Bullion, and if not brought in by the Goods sold abroad, cannot possibly be brought in by the other half of those Goods spent at home. But to salve that, it is argued in this Treatise, that nothing can be a clearer Gain than 600000l. per Annum by the Goods spent at home, because so much would otherwayes have been Exported to purchase Foreign Silks and Linnens. But this Argument will appear to have no ground if our Course of Trade in Silks and Linnens from the European Nations be look't into, and how and for what uses those Silks and Linnens, and these from India are consumed, that will make it plainly appear that these Goods from India do us no such Service, and are so far from being a clear gains, upon any such Account, that do not save us any thing material, but are pernicious in the highest degree. It is well known by all Traders, that the Silks imported from France were most Lustrings and Alamodes which have been computed to amount to 400000l. per Annum , what other Silks came thence, were esteemed for their being of some new fashion, and were usually high prized Rich Silks. The promoting of the Lustring Company to Manufacture Lustrings and Alamodes here, and incouragement to our Weavers to make such Rich Silks may prevent their coming from France, but which sort of these Silks from India are spent in the room of Alamodes or Lustrings or of any other Silks, that did usually come from France, is unknown to those skilled in that Trade. The Silks that usually came from Holland were Velvets, Alamodes and Lustrings; and from Italy, Velvets, Damasks and Taffaties; though it be not doubted but the Silks from India do hinder the Consumption of some Damasks, Taffaties and Sarsenets, yet being those were all, or most, purchased by the Products of our Manufactures, we had better have them, then send our Money to the Indies to purchase these. Diaper, Dowlas, Canvas and Lockrams, which were four sorts of Cloth that composed the vast quantity of Linnens formerly imported from France, which as well as other Linnens taken from Hamburgh, Germany, &c. were most used for Sheeting, Shifting, Tabling, and such other uses in Families as have not hitherto, nor is it likely will ever be supplyed by these Linnens from India. The Muzlings and fine Linnens from India, it may be observ'd, are consumed for long Cravats, Nightrails, Commodes and Window Curtains, (an Expence not known in England till within these 20 years) also for Aprons, and thus do hinder the Consumption of Cambricks, and Lawnes, and the course Callicoes, of some course Cloaths. But if Cambricks and Lawnes, and most of such course Linnens were all purchased with our Woollen Manufactures; then we shall find reason to conclude we did ill to introduce the Expence of these Linnens from India, which are so far from being a clear gain to England, as asserted Page the 16, that they are costly and mischievous upon several Considerations. As it doth not appear upon these Examinations that the East-India Trade is beneficial by bringing in more Bullion than carries out or by hindring the Exportation of any of our Coin for Silks or Linnens; so it may be affirmed, that the Silks do us a further Mischief by being spent directly in the room of our Stuffs made of Wooll, Hair, and mixt with Silk, and Worsted, and that no other silk made abroad, did ever serve for those uses, and therefore most dangerous. The Arguments derived from the great Gains made by that Trade, as by several Accompts in that Tract, ought to be lookt on, as blinds or baites for unthinking men; for if the accompts be not true, then the Arguments grounded thereon cannot be good. It is well known the Company doth not export the Goods they bring, but sell them at a publick Sale, and that in the most flourishing times seldom got clear 50 per C. by such Sales, the Merchants or Shop-keepers who buy of them, get 10 to 20 per C. more, either by sending abroad or retailing them here, adding to this what is paid for Customs and Charges, yet all will fall much short of this Computation, and that part which is thus gotten by Sales at home, is gotten by their being a Monopoly, and cannot be reckoned as gains to the Nation; and taking the Stock from Anno 1657. when first Incorporated to this day, there hath not been divided, (the Author owns Page 52,) not 20 per C. others think not 10 per C. per Annum , amongst the Adventurers in that Company; and the Crown, Capt. Dorrel, who went an Interloper, was thought to make an extraordinary Voyage, because divided 50 per C. and few others ever made the like. So that without better Vouchers then are produced in that Tract, these Accompts ought not to pass, neither ought we to believe that what is pretended to be gotten by the East-India Trade was so in Fact; no such Gains having been divided amongst the Adventurers, much less to the Nation, which may appear by their Books to be true, whatever Gains have been made by some particular Persons; but if 300 per C. then must be hid as part of 64 Millions gotten by Trade since An. 1656. And it cannot be denied, but that this Trade hath the Worst Foundation of all the Trades we drive, because carries from us Gold and Silver, which we cannot well spare, and brings us back Toyes, Handicraft and manufactured goods, which we least want, not only to the hindrance of the Consumption of our Wooll, but the imployment of our people (from whence only Riches can have their original) and being the foundation is so bad, it will happily be found impossible to make the superstructure good. Measures taken of Trades, by the Gains made by the Traders, will alwayes prove Erroneous; from a due consideration of what sorts of Commodities are Exported, and Imported, a true Judgement can only being made, whether the Trade to any Country be good or bad. As it hath been made out, that it is not probable that the Bullion Exported to India hath brought us back by the Goods transported to Foreign Markets, and that the Goods sold here do us any considerable service, by hindering the Importation of Foreign Silks and Linnens; so it is plain, that the pretended Gains made by that Trade on the Goods sold here is not Gains to the Nation, but gotten out of our own Peoples Pockets, by the Sales of such Goods to the Gentlemen and Landed men, or others, who are the Consumers, but not concerned in the Stock, by making them give great Rates for what they buy. The Nation by any such Sales to our own People cannot be imbursed of the Treasure sent out, in Gold or Silver, or get more then they would by taking away an Estate from A. to give to B. But if this be a good way to bring Gains to the Nation, to carry on Trade by Joynt-Stocks, then certainly we have been very imprudent, not to set up more Monopolies for Trade; there being several Trades, as well as Commodities, that might be named, of which if any Persons could get a Monopoly, or the priviledge of the sole Buying and Selling, would as probably make four for one, or as much as can be made by these Goods from India. Those that argue against this, have forgotten the Arguments amongst others which have been alwayes given by the Advocates for this Trade, for its being carried on in a Company with a Joynt-Stock, that when the Trade was Free and Open, before Incorporated Anno 1657, that all the Traders lost by it; and it was the chief Reason given for obtaining that Charter, and what have since weighed very much for the supporting of this now in being. When Persons that have a Trade Incorporated sell their Goods at extravagant Rates to Foreign Countries, what may be gotten by selling them dear may in some cases be advantagious to a Nation; but extraordinary Gains made by any such Persons on Goods sold to our own People to be spent at Home, will appear to be Gains made by working upon the Nation, not for the Nation; to the advantage of some by the prejudice of others. If it be said, that this Trade hath a good foundation, because Materials are plenty, and Labour cheap in India; it being agreed that these Manufactured Goods are spent both Abroad and at Home, in the room of our own. This instead of being an Argument for recommending this Trade, will appear the most dangerous part of it: For unless our Wooll fall to nothing, and the Wages of those that work it up to 2d. per Day, and Raw Silk and Silk Weavers Labour proportionable, the India Goods will occasion a stop to the Consumption of them; because those from India must otherwise be Cheapest, and all People will go to the Cheapest Markets, which will affect the Rents of Land, and bring our Working People to Poverty, and force them either to fly to Foreign parts, or to be maintained by the Parishes: And therefore how the Landed men are concerned in the Contest about this Trade, they may do well to consider. By what hath been said in answer to this Proposition, it may appear that as long as we manage the East-India Trade as we have of late Years, we shall lose by it: That Gold and Silver is the only or most useful Treasure of a Nation: That we have not increased in Riches since Anno 1666: That the Consumption of East-India Silks and Linnens at Home do us no service, by hindering the expence of any Foreign Silks or Linnens: That the India Goods Transported do not bring us in near the quantity of Gold and Silver Exported to carry on that Trade: That the EastIndia Trade hath a bad foundation: And that the great Gains made by Merchants, or Traders that carry on that Trade, is because the Trade is confined to some few Persons, who are but as one Buyer and one Seller: And that nothing but Bullion Imported, can make amends for Bullion Exported. Which if not observed we may Trade away our Riches, but not get Riches by Trade. The second Proposition is, That to Prohibit the Wearing of Indian Silks, &c. will be destructive to the Trade of England. Consider'd under three Heads. By what is said under this Head relating to the Woollen Manufacture it plainly appears, that the Author of this Treatise is of Opinion, that our Nobility, Gentry, and Landed Men, make too much of their Estates by selling their Wooll too dear; and that after many thoughts about it, had found out an effectual way to remedy this evil, by endeavouring to perswade them, that it is advantageous for us to send our Money to the Indies to buy Manufactured Goods there, to be spent at Home, as well as Abroad, in the room of our Woollen Goods, which he endeavours to prove is their true Interest to do, as well as the Interest of England, and that therefore it is their best way to sell their Wooll very Cheap, and to get little by it, that it may be Exported: And for their Comfort tells them, that though they may thus make but little of their Wooll, yet that those that drive the India Trade at the same time may make 400l. of 100l. Pa. 28, 29, 30, 31, 32, 33. That our Woollen Goods consumed at Home do not inrich the Nation, and that a high Price on our Woollen Manufactures may hinder the Sale of them, is agreed; but that we must therefore send our Money to India to purchase the Manufactured Goods made in those parts to be spent at Home, and Abroad, in the room of our own, in order to bring down the Price of them, by making Wooll and Labour cheap, are false Conclusions drawn from true Principles. If after we have used our best endeavours to keep up the Price of Wooll, and the Expence of our Woollen Goods, it should be our misfortune to be disappointed by the increase of such Fabricks in other places, or disuse in the Expence of them, we should and ought to submit with Patience; but it would be unanswerable to be so zealous to have it done, as to give the first blow our selves by discouraging the Expence of them at Home. The Author of this Treatise might have done well to have told us to what price he would have Wooll fall, and in what places we can Consume more Wollen Goods abroad, many Landed Men have for many Years past found Wooll already so Cheap, that cannot without great difficulty make their usually Rents of Sheep ground now, and the generality of Merchants will own, that have not got by Trading in Woollen Goods for these 30 Years last past 6 per C. per Annum , the insurance of Adventures paid; and if it be considered how the Manufactures of Wooll are increased in Ireland, Holland, France, Germany, Spain and Portugal, and what a Drugg our Manufactured Goods are become beyond the Sea, and that have been Exported of late Years, rather out of Necessity to provide effects, then out of choice in hopes of Gaines; no Reason will appear for bringing Home, or incouraging the Expence of these Goods, if not in order totally to Ruin the Manufactury, unless we could be assured that the Falling of Wooll and Manufactures to a low Price, would first Ruin those other Manufactures, and then that ours would certainly Advance in Price again; or that it could not be done by opening the East-India Trade, and making those Goods Cheap, as well as by running down our own. And we should also have been told how the Landed Men and Poor should subsist whilst the Experiment was making, and how in case this Project should not take, we should retrieve what we may Lose by trying it, and how we should regain the Expence of them at Home, after the EastIndia Goods have gotten Possession by an uninterrupted unterrrupted usage: Unless these things be plainly made out, there will not appear any great Reason why we should permit the India Goods to jostle out the Expence of our own, and thereby occasion the Falling of Wooll, from 8d. to 4d. per Pound; For if the Landed Men should be disappointed in their expectations, would then conclude that were Cullied out of their Mony by being perswaded to part with a Bird in Hand, in hopes to get another out of the Bush from an unknown Country. What Woollens, Silks, Linnens, and other Goods of our own Make we spend at Home, are for the supply of our Necessities; and hitherto hath been thought very advantageous, to save the Expence of such or the like Goods from abroad, as well as to imploy our People; and that the expence of such have always proved not only most Secure for our advantage, but the Cheapest: If we should reject our own, and prefer the Consumption of those from India amongst us, we may reasonably expect that other Nations should by our Example do the same, and so by our own endeavours destroy what we ought to be industrious to preserve. It might as well have been argued that the best way for a Country Gentleman, that hath all Conveniences about his House of his own, should instead of using them for himself and Family, send his Mony to Market to buy, and then send his Products abroad in hopes of making of Mony of them, though he do not know of any Market or Buyer for them; or that we should not imploy our own Ships from Newcastle, or from Port to Port on our Coast; but the Dutch, who Sail Cheaper, to force our own to seek imployment abroad, in hopes might thereby bring Mony to the Nation. But if it should be understood that notwithstanding what hath been said it is our Interest to spend these Indian Goods at Home, that we may save our Woollen Goods to have the more for Exportation; if no stop must be put to spending them, either at Home or abroad, seeing the 150000l. worth, which were brought by the last three Ships will appear to be more, then it may be presumed were brought here from the Year 1600, to Anno . 1670, though then a Trade was constantly driven to India: If such great Gains be made on them, why may not the East-India Merchants be tempted to go on increasing this Trade, till bring sufficient quantities to supply all Markets abroad as well as at Home. This is so far from being a groundless Supposition, if the Gains be so Great as represented, (or but 50 per C.) that according to the usual Course of Trade, we may presume that if this Trade be approved by authority may increase very fast. For what Merchants will imploy their Stock, or their care to carry on the Trade in our Manufactures, when can have no hopes of more Gains then 6 per C. If by getting into the East-India Trade and Dealings in those Goods, may have such great Profit as the Author hath Suggested: Therefore we should have been told what we should do with our Wooll, and our People too, if that Trade should thus increase upon us, which is more probable then that the Expence of our Woollen Manufactures will increase, if the Consumption of those Goods from India be continued. But least these and such like Arguments given in that Treatise to perswade us that it is our interest to Consume these Goods at Home, should not be sufficient: At last the old Bugbears the Dutch, are called upon to frighten us into it, who, as upon all occasions when any contest hath happened about this Trade, are usually Summoned for that purpose; and therefore it is said Page the 33d. that if the English were forbid to bring India Goods into Europe, the Dutch would; and thereby hurt abroad the vent and Consumption of our English Cloath: But this needs no answer here, it being not proposed that the English shall be Prohibited from bringing these Goods into Europe; but only the Consumption of them in England; and the Consumption of our English Cloath were never understood to be much prejudiced by these Goods. This Head cannot be concluded better then with the Authors own Words, Page the 9th. As Bread is called the Staff of Life, so the Woollen Manufactures is truly the principal Nourishment of our Body Politick; which being an undoubted Truth, the Arguments in favour of East-India Goods, that they should be Consumed, either at Home or abroad in the room of them, are the more to be admired, because looks as contradictory as to affirm that the best way for a Man to preserve his Life, were to Cut his own Throat: And as much against prudence in the Carrying on of Trade, as that we should Discourage the Expence of our own Corn at Home, on a Supposition that by sending our Mony abroad, we may get Cheaper, and so force the Exportation of it; or that by Selling our own Cheap here, we may introduce the Exportation of it; or by having Woollen Goods from Ireland, to be spent here instead of our own, we may make great advantages by Exporting ours. Upon this Subject the Author labours to make out that Silk and Linnen are not the Genuine off-spring of this Kingdom, nor the Manufacturing of them Calculated for our Meridian: That though some of the Materials may be had from our own Soil, yet most from abroad: That our Wages are so high we can never expect any good from these Manufactures; and that therefore our People must be imployed upon our Wooll, that we may purchase Silks and Linnens from abroad, in Exchange of our Woollen Goods; and if we do not take that Course we shall Lose our Trade to Silezia, Saxony, Bohemia and Poland; and that it is the prudence of a State to see that industry and Stock be not diverted from things profitable, and turned upon Objects unprofitable. How Silks or Linnens perfectly Manufactur'd in India, bought with our Mony should be esteemed more the Genuine offspring of this Kingdom, or better Calculated for this Meridian, then our Silks and Linnens Manufactured at Home by our own People, is not apparent to all Mens understanding; especially being the Linnens are Fabrickt with Materials of our own growth, and the Raw Silk we generally have, is purchased by the Product of our own Manufactures, and but of a small value in proportion to the Labour bestowed in making it up, (which must be owned to be all our own) and that we cannot spend our Goods in Turky or Italy, without taking their Silk in return: Upon all which the proper Question is, whether we had best run the Adventure of Losing or discouraging such Manufactures at Home, and those Trades abroad, rather then put any stop to the Consumption of these beloved Goods from India. As the Author hath sufficiently by such Arguments discovered his Transports of zeal for the East-India Trade; so how much prefers the welfare of the Moguls Subjects, the advancing of his Lands, and the imploying of his People before those of his own Country. Though many young Gentlemen have been prevailed with by Tradesmen, or those that serve them, to despise their own Products, and to spend in the room, what imposed upon them by such Traders; which hath too often ended in the destruction of their Estates; yet it may be said to be a bold attempt to endeavour to perswade the whole Body of the Nation, that it is their Interest to do so also; and to imploy none of their People on Silk and Linnen, because all hands may be imployed on the Wollen Manufacture, that all such Goods may thereby be Sold Cheap: But if Selling Cheap be so advantageous, and the true Interest of our Landed Men, that the Livelyhoods of so many People as live by the Silk and Linnen Linneen Manufactury, must be Sacrificed to effect it: Why hath he not given also some Arguments to have perswaded our East-India Merchants, or other Traders (who seldom think they get too much) to have given a good Example by Selling Cheap also? For without some such, though the Landed Men should sink their Price of Wooll, and the Poor Weavers should be taken off from the Silk and Linnen, that the Wooll might be Wrought up and Sold Cheap here to the Merchants, yet they may keep up the Price abroad, and Sell as dear as ever; and then this Project would occasion a Loss to the Landed Men, and disappointment to these Weavers; only to give a good opportunity to those that send such Goods abroad, to Gain the more by them: And if the Author be of opinion that the Expence of Manufactured Goods from the India be so advantageous, and that Selling Cheap is the way to increase Consumption; Why hath he not proposed the opening of that Trade, that it may not be any longer a Monopoly, that those Goods may also Fall in Price? For if there be 300 per C. gotten by them as he affirms, though should Fall 200 per C. yet would afford more Gains to the East-India Merchants then the Wooll or Woollen Goods to the Landed Men, or Clothiers at the present Prizes; and be the occasion of so great an increase of that Trade, that in a short time we should see no great need of taking of the Weavers from the Silk and Linnen Manufacture to be imployed on the Woollen: For the Goods from India would Supply the Markets in the room of them both abroad and at Home; that so there might not be any great need of many of them, especially if none must be Spent at Home, as the Author would have it. But we are told Page 42. that some of the Materials for Linnens may be had from our own Soil, though too dear, and not enough: But the Author hath had the ill fortune to be misinformed in that also; for the Bishoprick of Durham alone, will afford as much Flax (if incouragement were given for the Manufacturing of Linnen) as to make sufficient to furnish all England; and the County of Somerset, as well as others, would be found capable to supply any defect; and that there are many poor People in Durham that work for 3d. per Day; and that they make a Thread so fine as to be worth 12s. per Pound; and that there is Linnen of 7s. per Ell made at Malton in Yorkshire; and that we could make sorts fit for Tabling, Sheeting and Shifting, upon which the great expence of Linnen depends, very good and sufficient for such uses, to furnish the Nation: If cannot well be afforded so Cheap as to contest with what comes from Foreign Parts, yet should not be discouraged upon a supposition, that it is not the genuine off-spring of this Kingdom; for many Manufactures in this and several Countries, from a small beginning, have come to great Perfection, and therefore ought to have all incouragement given to it. That it is not come to more Perfection may happily, upon Examination, be found our own fault. If the original, or chief cause or means of Riches must be from the Labour of our People, how do such Arguments, as are used in this Tract, consist with that Maxim? Our Woollen Manufactures must be reduced to near one half by not spending them at Home, Silk and Linnen Manufactures not convenient, and if Paper and Shooes, &c. had stood in the way of East-India Goods, it is probable that by the same way of arguing, those would have been cryed down also: And being about 40000 Fans came in the last Ships from India, with some Handicrafts Wares, as usual in all Ships, if they should be permitted to increase, with the Silks and Linnens from those parts, being purchased with Bullion, how shall the State imploy the People upon Profitable Objects, or prevent Poverty from growing upon us, unless could find out Mines of Gold and Silver: And therefore we should have been told, how our Industry and Stock could have been better imployed then in such Manufactures, before such advice should be given for the discouragement of Woollen, Silks and Linnen. But upon the conclusion of this matter, the Author seems to be of Opinion that Silk and Linnen may do well in process of time, when England shall come to be more Peopled, and when a long Peace hath increased our Stock and Wealth; but the Author doth not tell us how the People we have shall live in the mean time, nor of any probability how our Stock or Wealth shall increase, nor how we shall then set up again, promote or incourage such Manufactures, if we should now permit them to be destroyed, being our being in War is an advantage to the Sale of some of those Commodities; neither doth he tell us by what we shall get Money to carry on this EastIndia Trade in the mean time: For some are of Opinion, that our Trade to India hath been carried on by Money arising from the Labour of our People imployed in other Trades, and not by the Gains or Returns we make by it; neither doth he tell us how we shall get Money to purchase the Linnen and Silk he would have us take from Abroad, nor what incouragement will be left for the increasing of People if these Manufactures be destroyed. Page 28. and 34. having well argued how it is our Interest to imploy the People we now have, and that we want more; it looks like a Contradiction to argue, that we should not imploy any in fabricking Silk or Linnen, nor on Woollen Goods to be spent at Home. All to the Plow and Cart may be too many; and such as have been bred in Inland Countries have not a Genious, Spirit, or Inclination to the Fishing Trades. If the Author of this Tract had gone as often to Spittle-Fields or Canterbury, as it may be presumed he hath to the India-House, and had informed himself what vast numbers of both Sexes, and of all Sizes, are imployed in that Manufactury, and had their sole dependance thereon, would probably have received such impressions as to have induced him to have forborn giving the Opinions he hath about that Manufacture, and have been convinced, that our English Weavers, even in that Manufacture, have shewed themselves able to contest with the French, Dutch and Italian, both as to Price and Goodness, notwithstanding the great Misfortune we lye under, of having so many of our Gentry fond of no Silks but what come from Abroad. That this Manufacture hath increased very much in this last Age, notwithstanding these difficulties, is an undeniable Proof against what is asserted, that this Manufactury cannot thrive in England. Men being so apt to mind their particular Interest in matters of Trade, that it is to believe a great Contradiction, that it should so much increase if it could have been out-done by the French, Dutch or Italian Silks, so as to have prevented the Makers or Master Weavers from making Profit by them; and how they have improved, to make them as good (if not better) than any made beyond Sea, may be evident to any person that will make an inquiry, examine or compare them, with what come from Abroad. Upon this Head it is argued, that it will endanger the loss of half that Trade. If he mean that part of the Trade which is carried on by the Importation of Manufactured Goods, Handicraft Wares, China, Lacquer'd Ware and Toyes; and would have it understood, that a stop to the going out of our Money to purchase these Commodities, would occasion any Loss to England, would have done well, First, to have made out that ever we gained by those Commodities; otherwayes there be many that would not be much troubled to have that part of the Trade lost; it being supposed that the Salt-Petre, Druggs, Spices, and Course Callicoes, are all the Commodities we ever had from thence, that were necessary for us; and there can be no great danger the Mogul will deny us those, tho' we should leave him these for his own use; because till about the Year 1670, we did not usually take any others from him: And it may be difficult to find out any way to make that Trade Profitable, but by confining our selves to those Commodities, that we may send out little Money, and by Trading from Port to Port, and making Gains there in Trafficking with the Indians. His Arguments against any such Prohibition, because no such Law would be observed, may be made against any new Law, and supposeth a strange Weakness in our Legislative Power; and that being one half of the Goods from India are spent at Home, there will be no incouragement for the Merchants to ingage in this Trade to India. If must singly depend on the Markets Abroad, is contrary to what hath been practised; for there was an East-India Trade long before we ingaged in these Manufactured Goods, and against his own Opinion in reference to our own Goods; having a little before argued that our Woollen Manufactures should all be sent Abroad; which may be as great a discouragement to Merchants, Clothiers or Weavers, to ingage in those, as for the India Merchants in these: And if it be agreed (as it is) that either our Woollen Goods, or those Silks, must travel, Why should we not rather put that difficulty upon these Goods, than upon our own? But at last would not have the present time good for such an Alteration, nor have it done rashly, nor without contemplating the Universal Trade of the Nation, whereas this Matter hath been already under Consideration Fifteen Years, and without much time in Contemplation, we might be satisfied that our Coyn growes scarce, and that this Trade hath for several Years carried out near as much Bullion as we have Imported from all parts of the World. But least all this should not prevail to have this Trade continued, the Dutch, as usual, are again mustered up; though upon a due Consideration of their Trade to India, and how it is carried on, no well grounded Argument can be brought for the continuance of this branch of that Trade from any thing relating to that Nation. The Dutch having had sole possession of the Island of Ceylon, the chief Islands in India for Cloves, Cinnamon and Nutmegs, for about Forty Years, and got the Command of Bantam, where Pepper is Plenty, and of other places where Spices are to be had: By that Commodity, and by Trading with their Ships, Spices and Goods, in those parts, and bringing Home what thus got, for the European Markets, no doubt have made it an Advantageous Trade to them; but they never sent out any considerable parcel of Gold or Silver for India, till after we had ingaged in bringing Home these Silks and Fine Linnens; then the East-India Company in Holland, to make Gains for themselves, though with the danger of destroying the Manufactures of their own Country, by our Example, ingaged also in these; but still carry on the Trade in them with a great advantage to us; for though have brought many of these Goods, yet never sent out one seventh part so much Bullion as we, and have alwayes used their utmost endeavours to discourage the Expence of these Goods in their own Territories, and yet they are complain'd off there, as much as here, and stops and restraints are often put upon the bringing of them from India: But if there must not be a total Stop or Prohibition till both these EastIndia Companies Consent to it, we may expect it, but in vain, till Temptations arising from Private Interest (however opposite to the Publick) be extirpated. The Dutch East-India Company will alwayes argue for the Continuance of this Trade, because the English bring them; and the English East-India Company for bringing of them, because the Dutch do: But the Dutch having them upon much better terms than we, may probably hold out longest. But the Trade being carried on there by a Monopoly, as well as here, and great Men concerned, no Judgment can be made by the Gains that Trade affords to the Companies, whether the Trade be good or bad. As for Spices, Druggs and Saltpetre, the way to have more of them, is to confine the Trade to such Commodities; these others not being made, by the Indians, till the Factors bespeak them. Till some such Limitation be made, these affording most Profit will be preferred, and we were not debar'd the having those when we did not ingage in this Trade of Manufactured Goods, and little Reason to fear we shall be now. This Head is concluded with an Accompt of Pepper, which with the other Accompts in this Tract, do not agree with other Mens Opinions, about the Gains made by this Trade; for if the General Adventurers in the East-India Stock in Holland, computing from the Original of that Stock to this Day, have not made 5 per Cent. by their Money put in, as all Persons do agree that have any Knowledge thereof, if this vast Gains be made by this Trade, who runs away with it? The like Question may be properly put, as to this Trade here; If 100l. imployed in this Trade have produced usually 400l., as so often asserted in this Treatise, it must be thought strange, that the Adventurers that underwrit this Stock Anno 1657, if had continued their Shares to this Day would not have received much above 10 per Cent. per Annum , notwithstanding the great Advantages made for several Years, by confining their Stock (for making large Dividends) to 375000l. and Trading with other Peoples Money, taken up at 4 per Cent. Unless this Mystery by explained, both as to Holland and here, there will remain a Doubt, That if there be any such Gains, that it is swallow'd up by some particular Persons, under pretence of a Publick Good, to carry on a Private Interest; and that both Nations will in time find, that they have but dreamt of making such Vast Gains by this Trade, in these Goods; and that the Gains made in both Countries by Stock Jobbing, and other indirect or private wayes, by such as have got into the Management, is the true Reason why there hath been so much strugling about this Trade more than about others, that upon a true Calculation would be found more Beneficial. The Author of this Tract having owned Page 12. as to the Trade to the East-Indies in General that it is naught, and that if all Europe would agree to have no further Dealings to those Parts, would certainly save a great Expence of Treasure, because Europe drawes nothing from thence of solid use, only perishable Commodities, and Materials to supply Luxury, in return of Gold and Silver, which is there buried and never returns; but would have the Burthen to fall upon the Collective Body of Europe. It is concluded, that nothing could be more fatal than this Assertion, to all the Arguments in this Discourse, to render this Nation, in a manner, undone, if the Importation of Indian and Persian Silk be Prohibited; upon which (it is said) the preservation of above half of that Trade depends, and half our Foreign Business. Page 22. It is well known that England and Holland drive the greatest Trades of all European Nations, and that doth depend much upon the Consumption of their own Manufactures: If these Indian Silks be Consumed, as is owned Page the 31st in the room of our Stuffs, Anthorines, &c. and the Linnens, as well as the Silks (as complained of in Holland) in the room of the Silks and Linnens Manufactured there, and we spend half at home of what is brought from thence, and all purchased with our Gold and Silver; why may not England and Holland be taken in amongst the Collective Body of Europe, upon whom this Loss doth Fall, and be found to bear the greatest Share by the Loss that these Manufactured Goods occasions, whatever Gains do or might make by the other Branches of that Trade? For other Nations that Consume such Goods, because have none of their own Fabrick, cannot be at any Loss in so doing; do but Lay out their Mony in these Goods, instead of Laying it out in the Woollens made by us, or Linnens made by the Dutch: All Nations not being so extravagant, as to spend so much the more because these Goods are brought them. Therefore as may truly conclude with the Author, that this Trade is Naught for Europe in general, so very particularly for this Nation, which indeed suffers most by it, because we altered the Management of it since the Year 1670. Of which some hints are given before, and might be made apparent; but omitted for this time, least it should be thought strange that the Author should not be in the Right, neither when Argues against this Trade, nor for it. But to conclude with some Observations upon what mentions of Cardinal Richlieu, Page the 6th. that had left behind him an Evidence how much had made Matters of Trade his care and Study; and that thereby had laid the only Foundation of a Solid and lasting greatness: If he had also taken Notice of the Edicts, Tariffs and Orders made since, and of the Politicks practised in France referring to Trade, particularly of the Edict made the 26th. of October, 1686. for Burning and Destroying China Silks, Stuffs, &c. and other Goods from India, would have found that they have proceeded quite contrary, to what proposed in this Treatise, and that have found their end by it; For by incouraging the Consumption of their own Manufactures both at Home and abroad, and their Fishing Trades have increased their Riches, Seamen and Navigation, to such a degree in 40 Years time, as hath enabled them to maintain a long War with most of the Princes of Europe, without much help from the East-India Trade; and that therefore we may conclude a Nation may Thrive by Trade, without that to the East; and that they have been as much in the Right in the managing of their Trade, as we have been in the Wrong in the Management of ours. By what hath been said, it may appear that the Manufactured Goods from India, Spent and Consumed in England, cannot by any way be Instrumental to prevent the going out of our Coin, nor to the bringing in of Gold and Silver to make amends for what Exported to Carry on that Trade: And that unless it can be made out by very good Proof or Demonstration that by the return of India Goods we Transport to Foreign Countries, we bring Home in Gold and Silver more then we Export, for the Carrying on of that Trade, that we ought to conclude that our Treasure hath been Exhausted by that Trade; and that it hath been mischievous to us in the highest degree, by hindring our Woollen Manufactures as well as the improvement of those for Silk and Linnen: All which is submitted to better Judgments. Amongst the scattered Notions laid down in that Treatise referring to Trade, the Author Observes, Page 11. That in our great Assemblies it hath never been sufficiently thought a matter of State, but manag'd rather as a conveniency, or accidental Ornament, then the chief strength and support of the Kingdom. That as it hath never been greatly the care of our Ministers of State; so it hath not been enough the Study of Nobility and Gentry, who (give me leave to say) for want of a right Knowledge in the general Notions of it, have been frequently imposed upon by particular Merchants, and other interested Persons to Enact Laws Lwsa , so much to the prejudice of Trade in General. And Page the 25th. That Trade is in its Nature free, finds its own Channel, and best directs its own Course; and all Laws to give it Rules and directions, and to Limit and Circumscribe it, may serve the particular ends of private Men, but are seldom advantageous to the Publick. That Governments in Relation to it, are to take a Providential care of the whole; but generally to let Second Causes work their own way; and Considering all the Links and Chains by which they hang together, peradventure it may be affirmed that in the main all Trafficks whatsoever, are Beneficial to a Country. That few Laws in a State are an indication of Wisdom in a People; but it may be truly said that few Laws Relating to Trade are the Mark of a Nation that Thrives by Traffick. What is said, Page the 11th. cannot easily be reconciled with what is said, Page the 25th. For if Trade must be Free without being Limited or restrained by any Laws, what need is there, that our Nobility and Gentry, who make our great Assembly, should apply themselves to Study a right Knowledge of it? For according to this Opinion, no Laws Relating to Trade should be Enacted, because are seldom Advantageous to the Publick; And that all Trade whatsoever is Beneficial; and yet the Author is of Opinion, Page the 11th. that no Wisdom can give the Publick effectual help till we can mend the Condition and Posture of Trade. But taking it for Granted that what is said, Page the 11th. is but a Complement to our Nobility and Gentry, and to save their time, that may not spend it about what is unnecessary: and that what is said, Page 25. That Trade ought to be Free, is the Authors Opinion, because best agrees with the whole design of the Book: It being so Material a Point, that all Laws already made and all Proposals for any Future Regulations depend upon the decision thereof; should not be resolved without a due Examination of such Arguments and Considerations as may be proper to lay Open the State of the Case: To which it is hoped, being the ingenious Author tells us, hath applyed his Thoughts and Study to matters of Trade, he will afford his assistance. If Trade must be left to take its own Course, find out its own Channel, and not be under any Restrictions or Limitations by Laws, on a Supposition that all Trades Naturally afford Profit and Advantage to a Nation; then the Act of Navigation and all other Laws Relating to Trade should be repealed, and all Considerations for making any more for Future laid aside. Though the Author seems to incline to this Opinion, and it be known that many others agree with him in it, yet upon Examination it may appear a vulgar and dangerous Error. For the first Foundation that should be laid for the preserving or increasing of Trade, is to have a Stock, which Stock should be in Mony; then to use all endeavours to preserve and increase it by Frugality in the Consumption of Foreign Commodities and Labour and industry, for the increasing and promoting the Consumption of our own. So long as the Nation keeps to Frugality and industry Laws may not be absolutely Necessary to Limit the Consumption of any Foreign Commodities, nor to increase or promote our own Manufactures: But if there be an appearance, that a Nation is running into a luxurious Prodigal Expence of Foreign Commodities, and to a neglect in Manufacturing and promoting their own, and to idleness, and spending of time in what is not profitable for the Nation, the usual Consequences of Luxury, (which we fear is our Case at present) then Laws will be necessary to put a stop to it, that the Treasure of the Nation may not be Consumed thereby: For by the Course of Trade no stop can happen to any such Consumptions nor Idleness, till want of Money occasion it. To omit making such Laws upon any such occasion, would be to permit, that which is of the greatest importance to run the last extremity, rather then agree that it should be prevented by prudential Laws made by the State, or any endeavours used for that purpose. As it hath been Suggested that Gold and Silver is the only, or at least most useful and best deserving to be called the Treasure of a Nation, and so necessary for the Carrying on of Commerce, that when ever plenty of that fails, we may expect that Trade will in a great measure fail also; so it may be affirmed that Bartering of Commodities cannot supply the want thereof, because cannot make any quick Progress; neither can it be supplied by Credit, because Credit must have its Original and existence from an expectation or assurance of Money. All Traders have Reason to make it their business to get Money by their Trades, by sending out and bringing Home such Commodities as are most vendible, and yield them most Profit: But whether send out Goods or Bullion, or whether what bring back be necessary for the supply of our Necessities, or useful for a further Manufacture, or be spent in Prodigality, Luxury, or Debauchery, or to the hindrance of our Manufacture (so long as they get by it) they do not generally take it to be their Province to mind: But for the good of the whole, it may be presumed the State ought to mind it so far, as may be convenient to prevent the Exportation of our Treasure; if not, the Stock of Gold and Silver, which is absolutely necessary to Carry on Trade, as well as for our Defence, will be Consumed; by which the Traders themselves as well as the generality will in time be involved in Misery. Though Riches cannot be gotten, but from Foreigners, by having our Ships imployed by them, or dealings with them, or by our Exporting and selling to them, to a greater value, than we purchase and take from them, that the overplus may be brought home in Bullion; yet no Trades carried on by the Exportation of own Products, and Manufactures, or those from our Plantations, though what brought back in return, be all perishable Commodities, can diminish our Riches, for all such Goods of ours (unless some Objection be made as to Tin and Lead) would have perisht by time, if had been kept here; but a great distinction ought to be made, between Trades carried on by the Exportation of our Products, and Trades carried on by the Exportation of our Bullion, to purchase perishable Commodities, because in such case we Exchange what is durable, and most useful, for what cannot long do us any Service. Supposing Three Millions of Coyn be at present the Stock of the Nation Circulating for the carrying on of Trade, as long as it is laid out in our own Products, and Manufactures, and such are Exported, though whatever be brought in return of them perish in a short time, yet our Stock will be good, and so long Trade will be carried on: But if instead of carrying on Trade by the Exportation of our Goods, we should send out, a Million in Coyn or Bullion to the India, to purchase Silks, another Million to France to purchase Wines and Brandies, and another Million to purchase Fruit or Toyes, and all be spent at home, we may soon find the Treasure of the Nation consumed, our stock of Gold and Silver which we had for the carrying on of Trade, in the hands of Foreigners, and the Goods we had in return, in the Draynes, or on the Dunghil. If this be obvious represented thus in gross, then lesser parcels of Money sent out to purchase such Goods (by the Rule of Proportion) must have the same Effect in some Degree; by all which it may appear that what is asserted, Page the 25, That all Traffick is beneficial to a Country, cannot be true, as to some Trades; that some Traders for their private Gains may be tempted to carry on, who may get by Trade, and yet the Nation may lose at the same time by such Trades. And therefore if no Laws must be made to promote the Making or Consumption of our own Goods, nor to hinder the Importation or Consumption of any from abroad, it must inevitably follow, that when ever a Nation falls into Luxury, and the People to Idleness, or to spend their Time in Imployments unprofitable to a Nation, such a Nation must be reduced to beggery by Trade, without any hopes or prospect that it can be prevented, till their Treasure be Exhausted, and no Money left to carry on such Trades, unless the Government interfere to hinder the Consumption of such Commodities, as upon an exact inquiry may be found, do carry out our Coyn, either by Prohibitions, or rather by Example, or high Impositions laid upon the Vending and Consuming of them at home; which happily may be found most inoffensive, as to Foreign States, and not difficult to be contrived, and made effectual, and not prove any great hindrance to Trade, or to many Trading Men, if will have respect to their Posterities, and Common Good, as well as to their present Gain. For as the Consumption of some Commodities may be hinder'd thereby so will make room for their Trading in others; and prove but a taking them off from Vending Goods unprofitable to the Nation, to Trade in Goods that may be more convenient. It is agreed that the best way to incourage Trade, and make it advantageous to a Nation and useful to afford a livelihood to the vast Number of People that have their Sole dependance thereon, is in general to allow all the liberty imaginable; but as most general Rules may be liable to some exceptions, so this especially to these two: First, that no Trade ought to be incouraged that is carried on by the Exportation of our Bullion, unless to purchase what we absolutely want for our Defence, or Support of Life, and we cannot possibly have on better Tearms, or where we may have an undoubted indisputable assurance that the Goods purchased with it will bring in more Bullion, in Bullion, by the Sales of such Goods abroad, than was carried out. Secondly, that no Wooll be carried out raw and unwrought. Other Laws may be found necessary to prevent abuses in the Manufacturing of Goods, keeping the People to Work, and for the incouraging and increasing of Trade, which should be applied as Occasions and Exigencies may require, but none appear necessary (upon these sudden thoughts) contrary to the Freedom insisted on, but what may be Comprehended under these two Exceptions here mentioned. Where it appears plain that a Trade is carried on by the Exportation of our Coin and Exhausting of our Treasure, no Arguments can be given that it must not be prevented, because may hinder the Gains or Imployments of some Persons, that can have much more weight in that particular, than what might have been offer'd against the wicked Trade of Clipping, for though the Livelihoods many got by that Trade, were justly more obnoxious to the Law, because was a secret Robbery, and upon many accounts indanger'd the Peace and Tranquility and welfare of the Nation; yet being what was so wickedly got, doth not appear to be sent out (unless to be exchanged from Silver to Gold,) the Nation did not lose so much Treasure by it, as hath and will, by Trades carried on by the Exportation of our Coyn, as long as permitted. Whether Trade left at full Liberty to be carried on, by the Exportation of our Products and Manufactures may produce Treasure, will much depend upon good Sales to our Commodities abroad, and good Husbandry in the Consumption of Foreign Commodities at home, but the having of many sorts of Manufactures of our own is not onely the best way to have Variety to send abroad, but to prevent our being in want of such Commodities, that there may be no Temptation for their being Imported; but no Trade more likely to bring us in a good proportion of Bullion, then our Fishing Trades; not only because it is procured by our Labour, without any great Cost by Foreign Materials, but being a Commodity necessary abroad for the support of Life, seldom fails of Markets, and ready Money, which is often brought home in Specie from many places, and is also a Commodity not likely ever to go out of Request; for which, and because those Trades are also a Nursery for Seamen, it may be found our true Interest to favour those Trades with the best Protection, and Incouragement. And thus the Authors Maxime, Page the 38, That it is the Prudence of a State to see that Industry and Stock be not diverted from things profitable to the whole, and where a Nation is a certain known gainer, to be turn'd upon Objects unprofitable, or new Inventions, in which it cannot be determined in many years whether we get or lose, or how the Ballance stands; may be put in practice with all the certainty imaginable, as well as by the Fishing Trades as by the Woollen Silk and Linnen Manufacture, and happily upon Examination will be found more Politick, then as the Author would have it applied, in favour of the East-India Trade. But it being supposed that the Dutch will be here again brought upon the Stage, and the Liberty they give in matters of Trade, and for the Exportation of Money, objected against what is here argued; to make one answer for all, which is supposed may be satisfactory, not only against all Arguments that can be derived from the Practices of the Dutch, for an unlimited Freedom in Trade, but as to what hath been argued or may relate to the East-India Trade also; Let it be agreed that we shall live in England as Parsimonious as they do in Holland, and be as Industrious in our Fishing, and some other Trades (that might be named) as they are, and that we shall not send out more Bullion to the India for the carrying on of that Trade, then they do, or that we shall have great Impositions upon such Foreign Commodities as may be found to be the occasion of the Exhausting of our Treasure or pernicious to our own Manufactures, to secure us from such inconveniences as are feared from such Liberty; then all disputes shall cease, as to all Prohibitions relating to Trade: But if we must not be lead, nor take Example from them in Parsimony, and Industry, we ought not to be lead by them in making of Laws relating to the Exportation of our Coin, or Prohibitions of Goods; because whether such Laws be good and necessary, or not, depends wholly upon the Genius and Inclination of the People. If Parsimonious and Industrious, then no need of such Laws; but if Luxurious and Idle, must be Ruin'd without them; and this is well known to those States where such Liberty is granted which makes them very observant of their old Customs and Fashions, and very diligent and careful to keep their People to Work, as may be instanced in Holland. Though it may be as difficult to give a true account of the Turnings, Windings, Circulations, Steps, Degrees and Progress of Trade, and Drawing and Redrawing by Exchange, as to give a certain account of all the Veins, Arteries, Fibres, Circulation of the Bloud, Causes of Diseases and Motions in a Body Natural, yet there are some plain Cases relating to both, which may be agreed without penetrating into the pretended Misteries of either. That we should send out to India about 600000l. per Annum in Bullion, though it hath been never yet made out that those Goods bring us back again in Bullion, the value of 200000l. and much of it, to be there laid out, to purchase Manufactured Goods to be spent in the room of our own, or that we should send out Bullion to any place to buy Goods to be spent in Luxury, or in the room of such as we can make by our own people, or that we should Export our Wooll Raw, to be Manufactured abroad, when the Advantage by Manufacturing it at home would be near seven parts in Ten advantage, however may agree with some Mens Interest, cannot well be for the Interest of the Nation, nor the best way to gain or retain Riches; for no Gains made by particular Men, can make a recompence for the loss the Nation will receive by having their Stock of Money Consumed, and the Poor beaten out of their Imployment. Sufficient Care being taken by Prohibiting or Discouraging the Consumption of such Goods as occasion the carrying out of our Coyn, or Bullion, and for encouraging the working of our Wooll at home, no Liberty should be thought too much to be given, for the carrying on of Trades by a permutation of Commodities, not only by a free Exportation and Importation, but without being Subject to the Payment of great Duties because will be found the best way to increase Trade, and make it beneficial, for though it may be difficult to give a particular account how, or what gains, may arise to a Nation, or particular Men, by every distinct Trade, yet so long as carried on by the Exportation of our Products, or what other Goods we may have, there can be no danger of losing, for the particular Traders will take care not to carry on Trades by which they do not get, and such Gains made by the Collective body of Traders, may properly be said to be the Gains of the Nation, and Trade thus carried on may be left to take its own Course, and find its own Channel, and to work by Second Causes its own Way. But the Author having Asserted, Page 11, That it will be found at last, when all things come to be rightly understood, that no Plenty at Home, Victory Abroad, Affection of the People, Conduct or Wisdom in other things, can give the Publick effectual help, till we mend the Condition or Posture of Trade. It is hoped that as he hath obliged the Publick, with his Excellent Book of Wayes and Means, so if do not agree with such Notions as these, that he will communicate his Thoughts how the Condition and Posture of Trade can be mended, by pursuing any others, and how or which way a Nation can get by Trade; as long as by a Prodigal Consumption of Foreign Commodities and neglecting and discouraging of our own, we take in more than we send out, and then Export our Gold and Silver to pay the Ballance, which will be found to be our Case, whatever specious pretences may be made by those that make Profit by sending out our Gold and Silver to hide the true reason from the Nobility and Gentry, whose Application of Thoughts upon these Subjects, would no doubt be of great Use, not only to the Publick, but, to their particular Interests."
" Some Considerations upon Reading a Treatise, Intituled, An Essay on the East-India Trade. By the Author of the Essay on Wayes and Means."
"England and East India inconsistent in their manufactures [...]"
" The Influence of the Bank considerable. NOtwithstanding that the Bank of England is a Subject that has had no small Share in the late Politicks of the Town, yet there are several amongst us who seem to look no farther than the Counting Tables in Grocer's Hall, and so judge of the Bank as they do of a Banker's Shop, to be of no other Use or Influence but to receive and pay Money. There are others, and among our deeper sighted Politicians, who plainly perceive an Influence, but want Light to trace it out; and consequently must in great measure talk in the Dark, when they engage in this Subject. As to the first sort, they may have their Error corrected by almost every Discourse that happens between the People of differing Opinions, with regard to the Bank: One crys if this Bank is prolong'd, it will ingross our Trade, and ruin our Constitution: At the same time another is pleading so much Merit on the side of the Bank, that 16 per Cent. or more Annually, has not been a sutable Reward for their Services to the Government; nor can any thing be, but a farther Establishment. Now this methinks, ought to convince a Stander-by (what both Parties are agreed in) that there's something considerable in the Matter. Requires a due Representation. It is therefore for the Use of those who want Light into the Recesses of this Subject, that the Paper before them was written; and it will not, its hop'd, be accounted Presumption, to say that several of those Gentlemen, who are Strangers to the Nature of Banks, and to the Condition of the Bank of England, may be deservedly plac'd within the Walls of the House of Commons, altho' their Education and Studies have not led their Thoughts much this way. The Authors Design in Representing it. Whereof it will be requisite to proceed in this Argument with Perspicuity and Plainness; and not only to state the Case intelligibly, but impartially too; to write without the Aim at any Talent, either at Satyr or Harangue, but to endeavour all along to lay open what I take to be an important Truth to us all at this time, and to support it by proper Evidence. For this Reason, and least the Gentlemen of the Bank should think themselves too freely dealt with, I profess not to deal with their Persons, nor to lay any thing expresly to their Charge; no nor to deny them the Praise of having serv'd the Government well. In short, I can afford to allow them all the Vertue and good Principles imaginable, if I may but take leave to consider them, and their Successors especially, as Men liable to Temptations, while they partake, in common with us, of Nature as well as Grace. And intending to observe this Caution, I must request the Reader, as he goes along with me, to observe it too, that it is not the Persons but the Thing that I am concerned with; and consequently what I write, being derived from the Influence of no Party of Men whatever, I may expect a favourable hearing from all equal Judges. Seasonableness thereof And I am of Opinion, an indifferent Person may presume to be heard, if he has considered the Case, and has any thing worth hearing, at this Juncture, when every one expects the Cause will be brought upon the Stage by the Bank it self, which will plead with you (and with no small Assurance of Success) for the prolongation of Time, almost six Years before the Old Term can expire; tho' it may last much longer, if a Principal of 1,200,000l. be not then pay'd them by the Government. THE Bank was Establish'd by a Loan to the Government of the foresaid 1,200,000l. paid in at several times by Subscriptions equal to that Summ. The Establishment of the Bank by the first Act An. 1693. The Act for it's Establishment pass'd in the Year 1693, Guil. & Mar. 5[deg] which laid an Additional Duty upon Tunnage, Excise, &c. Which Duty, according to the Calculation then made, wou'd bring into the Exchequer 140,000l. per An. of which 100,000 was secur'd to the Bank, as Interest for the said 1,200,000l. amounting to 8 per Cent. and 4000l. per An. more; which was suppos'd to be thrown in to pay Sallaries, &c. Upon this Fund of Principal and Interest: They were Incorporated under the Title of the Governour and Company of the Bank of England, with a Power to make by Laws, and do all other Acts as a Company, legally Constituted and Incorporated. Pursuant to this Act of Parliament, they had a Charter inabling them to meet and choose a Governour, a Deputy Governour, and 24 Directors, 13 of which (the Governour or Deputy Governour being always one,) made a Court; in which was lodg'd the whole Power of Transacting all things relating to the Society, excepting only, when a General Court of all the Members was call'd; which was to be four times a Year, and oftner if demanded by any nine Members, who were possess'd of at least 500l. in Capital Stock. The choice of these Officers, and the appointing their Sallaries was made by the Majority of all the Members, possess'd of at least 500l. Capital Stock; and was to be made anew every Year: The Governour, Deputy Governour and 16 of the 24 Directors, having a Capacity of being chosen again. The Governour was to be qualified with the actual Possession of 4000l. Capital Stock, The Deputy with 3000l. and each Director with 2000l. Ingraftment upon the B. by a Second Act An. 1696. Thus they stood Constituted till the Year 1696, when the Exchequer Tallies had very much lost their Credit, partly by Reason the Funds upon which they were struck, prov'd deficient, and their Payment of Course was remote; but chiefly by the Frauds and Artifices of Stock-Jobbers &c. so that they passed at very great Discount, to the great Prejudice of the Publick Credit. For Remedy of which, and to restore their Credit to the Tallies, the Ingrafting Act as it is call'd, then pass'd, by which all Persons possess'd of Tallies, might make a new Subscription to the Capital Stock of the Bank of England; and become Members thereof, by a new Incorporation; the Bank being oblig'd to receive the said Subscriptions 4 5th's in Tallies, at par. and the remaining 5th Part in Bank Notes. By this means the Capital Stock of the Bank was inlarg'd; and the Government oblig'd to pay them 8 per Cent. for all their Subscribed Tallies, making it up where they did not carry so much Interest before, and also to allow them 8 per Cent. for as many more Tallies (which they were then possess'd of) as amounted to the Summ, which was Subscrib'd by the new Members in Bank Notes; so that the whole of this new Inlargement might be esteem'd at 8 per Cent. from the Government; until the Funds should come in, which wou'd pay off those Tallies in Course; and the Bank was accordingly to make a dividend of Principal to the Members, as those Tallies were paid off from Time to Time. And thus they stand Constituted now: The Tallies being (as I'm told) pay'd off by the Government within 10 per Cent. of what was Subscrib'd; so that their Capital Stock in the Hands of the Government, is now but little more than the 1,200,000l. first Subscribed; tho' the Number of their Members, is encreased by the second Subscription. Privileges to the B. by the first Act. Besides the 8 per Cent. Interest there were several Advantages and Privileges given to this Society, some by the first, and others added by the second Establishment. Their Privileges by the first were, These are the Chief Privileges they had at their first Establishment, which are all recogniz'd at their second, and several new Ones granted them. Privileges by the second. Restrictions by both Acts. Having seen their Privileges, we must be so just as to look upon their Restrictions too; which we may do without distinguishing their first and second Establishment, they being much the same in both. That this is an impartial Account of their Constitution, Privileges, and Restrictions, will be confirm'd by any one that thinks fit to peruse the 2 Acts of Parliament before-mention'd. And it is hop'd the Reader will carry this Account along with him; because the following Arguments shall be form'd upon it, and in reference to the Particulars of it; which is, I think, a fair and clear Method of stating the Case. By what means the Bank's Profit may arise. But perhaps, in the mean time, it may not be improper to answer a Question that may be made, concerning the Inducements which at first mov'd our Money'd Men to procure the Establishment of the Bank; and still engages the present Members so very earnestly, and so very early to sollicit the Prolongation of it. Interest at 8 per Cent. To which I answer, First, the 8 per Cent. alone, (when the Legal Interest was but 6, and the clear Produce of Land seldom 4) was of it self a sufficient Encouragement to this Undertaking; especially considering that this was Exempt from Taxes, to which other Money, and Stock, and Land were liable. This is obvious, but I answer, Secondly, An unlimited Credit. The Power to extend their Credit, and upon so good a Foundation as the security of an Act of Parliament, is perhaps a more considerable Article of their Profit than even so great an Interest. They had a sufficient Prospect (and Time has made it good) of raising their Credit to a Par with Money; and wherever such Credit obtains, it affords all the real Advantages of so much Money. And a Credit thus Establish'd, and rais'd to a Par with Money, is capable of being increas'd to an immense Value; considering the great Occasions for it, and Conveniencies of it in Trade, which, its known, cannot be carry'd on to a due Extend in England, without a far greater Summ in Credit, than there is in Specie in the whole Nation: And therefore a Credit vastly extended, must bring in vast Profits to them that are thus Credited. Discounting Bills of Exchange. To explain this in an Instance or two; The Bank has a Privilege to negociate and discount Bills of Exchange; in doing whereof, the Persons who come to have their Bills discounted, which is commonly at the Rate of 4 per Cent. or upwards) seldom require Money; but rather choose their Notes, as being at Par with Money, and more easy and convenient in Payments than Money. Now if these Notes circulate abroad, but so long as till the Money is paid into the Bank upon the Bills of Exchange, then the Bank gains all the discount, without disbursing any Money, and makes Advantage of that Money so much longer as their own Notes circulate. Or if their Notes should return sooner, yet, considering that most People (for their own Convenience) deposit their Money in the Bank; that Money will answer these other Bills as fast as they come; and so one Summ will answer the Demands of another; from whence it follows, that the Bank is able to circulate, with a small Summ of Money, a much larger Summ in Credit, to their great Profit and Advantage. Lending their Credit to the Government. In like manner the Bank proceeds in lending their Credit to the Government, at considerable Interest; which they can do without disbursing any Money, if the Notes they lend should keep out until the Funds upon which they lent them, bring in the Money to the Bank; as now it may well be suppos'd they commonly do, when the Credit of the Bank is so high, and the Parliamentary Funds are not so remote as formerly. Purchasing of Lands. The same, or greater Advantages they will be able to make in the Purchase of Lands, when their Credit shall be so good, (as it may even now be suppos'd to be) that the Rent or Produce of those Lands shall be sufficient to support the Credit Circulating, wherewith they were purchas'd; that is, shall be sufficient to convert it into Money as fast as it shall be demanded, till the Land brings in more Money; and so on every Year, until the whole Produce shall be equal to the whole Summ of Purchase; and then, in this Case, those Lands cost nothing but Paper. Or if their Credit should not extend to this Degree, yet the Inference is certain, with what small Summs, join'd with their great Credit, they can make large Purchases. The Influence and Effects of which, may hereafter fall under consideration. These Hints and Instances are sufficient to give the Reader some Idea of the Profits of the Bank (without inlarging upon their receiving Goods deposited, and their purchasing Bullion, Gold, Silver, &c.) and consequently to account for the Cause that has rais'd the Zeal of its Members, in prosecuting the Design of a Prolongation. Terms suggested for prolonging the Bank. THE Prolongation aim'd at by the Bank is said to be 21 Years; and the Conditions to be offer'd to the Parliament, are either to lend a Million of Money for that time, without Interest; or to lower their Present 8 per Cent. to 5, or 4.; so that the remaining 3, or 4. may be a Fund, whereon to raise part of the supply that will be wanted this Session. In order to obtain this their Desire, there is no doubt but they will plead their past Services, set forth their present, and propose mighty ones for the future. Way to examine their Pretences. The best way to examine all their Pretences, will, I presume, be first, to consider the Natural and Necessary Consequences of such a Prolongation, and then to enter upon the particular Consideration of the Arguments urg'd on the side of the Bank. The principal Consequences to be attended to in this Case, are such as concern Trade and the Government, and therefore (to shorten this Discourse) I shall only speak with regard to these two. How the Bank may affect Trade. First, As to the Trade of this Kingdom, the Parliament, in both Establishments of the Bank, thought it necessary to restrain it from Trading either immediately, or by Commission, (excepting in the Produce of their Land, the Sale of deposited Goods, and the Purchase of Gold, &c. and the negotiating Bills of Exchange) as plainly foreseeing, that were they permitted to Trade freely, they might monopolize what Commodities they pleas'd, and undo all other Traders by their great and commanding Stock. But if the Bank can evade the Force and Restraint of these Acts, and of any others that are likely to be made, then it may be justly concluded Dangerous, if not Destructive to Trade, in the Sense and Judgment of the Legislature. As to the present Constitution of the Bank, the Government of it is in the Hands of 26, or rather in the Majority of that Number, who are not liable to any Personal Penalty, nor the Bank, thro' their Default, to forfeit any of its Privileges, (so secure is this Establishment) and therefore there seems but very little Terror against, while there are strong Temptations to a direct Course of Trading. How the Bank may Trade in one Instance For the Fallacy may be as easy, as it will be gainful: For supposing those Gentlemen agreed and resolv'd to employ a round Summ of Bank-Money, or Credit in Trade, for the sake either of the Bank, or themselves, which is not an impossible Supposition, considering the great Prospect of Gain, and the smallness of the Number of Managers. It is but giving a Commission, in general Terms, (from doing which neither the Parliament nor their Charter restrains them) to one or more of the Directors, to dispose of such Money or Credit, for the said Service, and then he, or they, can as openly Trade with it, as other Merchants can do with their private Stock, and may account to the Bank in Terms as general as those of the Commission, bringing in a competent Profit, and instead of being detected, gaining Applause beside other Premium. How in another. But if it must not be suppos'd, that the Directors will prevaricate at this rate, for so small a Profit as will be due to their private Shares in the Bank; perhaps the Temptation may appear strong enough, when 'tis farther consider'd what Opportunities they have of lending each other what Summs, and upon what Terms they shall think fit. And thus Trading in their private Capacities with the Bank-Stock, it amounts to the same, if not a greater Injury and Oppression to Trade, than if the Bank it self traded with the like Summ barefac'd. But still, if even this shall be thought a Practice too Palpable, there is a more covert way of doing the business. How in a Third. It is to be remember'd that the Bank has a Power of discounting Bills of Exchange; which they have done at 4 per Cent. to creditable Merchants, especially those well known to them. Now it cannot be suppos'd but that the Directors may Command this Favour at any time, and beyond others. They therefore, or any of them, as being Merchants, easily foreseeing the great Advantages by Monopolizing several Commodities, and other seasonable applications of large Summs, will be able to provide themselves for such undertakings by the Bank-Stock, in this Method. Supposing the Summ wanted is 20000l. He need only procure one or more Bills for it to be drawn upon himself, payable to a Friend of his; or upon a Friend of his payable to himself, 3 Months after Date, upon the his Credit of which Bills, when accepted, his Interest will be so good at the Bank, that he or his Friend (which is the same Case) shall have the Value of these Bills paid either in Bank-Bills, or ready Money, at the discount of 4 per Cent. per An. which is but 1 per Cent. for the 3 Months, which Summ Receiv'd may be so dispos'd of in Trade, or otherwise, that the Produce may come in, time enough to repay the Bank. In this Case there is no Injury, but a Profit to the Bank; and yet he who can have great Summs at Command, at so small a rate as 4 per Cent. and, which is more advantagious still, for just so many Days, or Weeks, only as he wants it, will undoubtedly be able to out-trade all others, who cannot procure such Summs, or must be subject to the common Terms of borrowing. And he being thus qualified, will never want strong Temptations to attempt Monopolies, of one sort or other; which is an Injury that not only affects other Merchants, but by making the Commodity dearer, reaches all the consumers of it. And all this he will be able to do by no Ability of his own, but by his meer Relation to the Bank of England. Consequence of the Banks Trading. Whether this has actually been the Practice, is not Material to our Argument; it being sufficient, that possibly, if not probably, it may be so; but thus much may be said, that such ways have been taken by private Merchants, either to support their Credit, or carry on Monopolies: And here at the Bank it may be done, to so much an higher Degree, as the Stock of Money and Credit in the Bank exceeds theirs; and consequently to a proportionably greater Discouragement of other Traders, and Damage to the Publick. And now methinks it might be worthy our consideration, whether the Notorious failure of so many private Merchants, especially those of midling Stock, and the great Decay of all Personal and Private Credit in London, within these few Years last past (wherein the Banks Credit has been on the other Hand constantly gaining Ground) can be accounted for so well, by any other Cause, or Supposition, as by these now advanc'd. Restraints ineffectual. From the Instances already given it's reasonable to infer, that there may be many other ways found out for the Bank to evade all Restrictions, that can be laid upon it by Publick Authority, to prevent either it's Trading, or it's Trading to the pernicious Degree of Monopolizing. For experience shows, that scarce any Restraints can be effectually laid upon Trade, or upon any Traders, where the Temptation of Profit runs very high, and the Stock of Money, or Credit to pursue it, is very large. Therefore I must confess I cannot foresee any Limitation or Restrictions, which the Bank may propose or may be willing to submit to, which will not be liable to very easy and Practicable Evasions. Thus it appears how capable the Bank is of Trading, in those very Cases wherein the Parliament intended it should not; but we must not omit another Case, .wherein they have a Power and Privilege from the Parliament to Trade; and that no less Injuriously to a more considerable Body, I mean all the Landed Men of the Kingdom: Which they may do by Virtue of their forementioned Privilege to purchase Lands. The Bank's Trading in Land. This it was prov'd in the former Chapter, they will be able to do in vast Quantities, and without Disbursement of much Money; by means of their great Credit, which will so prevail in time in the Country, as well as now it does in London, as to be in most Cases preferable to Money. The produce of which Lands thus easily Purchas'd, will make a very profitable Trade of it; and in due time a very Tempting one, and within their reach too. For the same means which impower them to Out-Trade all others in Merchandise, will equally inable them to out-do all Competitors in Buying of Land. Great Taxes, a growing scarcity of Money, and a decaying Trade, as they will occasion, a more frequent Sale of Lands, so they tend very much to disable the present owners of Land, as to purchasing any more. While the Bank (being exempt from Taxes, and ingrossing what Money we have, and acquiring a larger Credit, by the diminution of all private Credit) will be every Day growing more capable of purchasing, as others grow less; and in propability, will in some time become almost the only Purchaser. And he that is the only purchaser of any Comodity, may reduce the Price of it as he pleases; which will in Course reduce the Price of all of the same kind. Consequence thereof. How far this may affect all the landed Men of England, is what seems to call for their very serious and timely Consideration. But if the Bank shou'd object to this, that they have not yet purchas'd one foot of Land, I answer, however true that may be, it must not be infer'd from thence, that they never will. The Bank has hitherto had more profitable ways of disposing of their Money; so that the buying of Land seems to be one of the last things for them to do, as 'tis with other successful Traders. This therefore being the Work of Time, the present Success of the Bank proves that nothing but Time is wanting to bring them to such an overgrown Stock, as will almost necessitate them to fall into this Trade; which we may believe it was not out of View at their first Establishment, by the express Provision they took care to have made for the doing of it against a proper Season. Which perhaps is not yet come; a farther Establishment being, in all likelihood, necessary before they undertake that invidious Trade, which it seems so very likely to prove to all the Landed Men of this Kingdom. Much more might be said upon these Heads, but that there is still behind an Argument against their Prolongation, of greater Moment to be consider'd. How the Constitution may be affected by Loans from the Bank. IN the first place it may be proper to consider, how the Bank, being prolong'd, may affect the Government, and our valuable Constitution, as being the great Lender to the Government upon all Occasions. Which Title of the great Lender, we may be allow'd to give the Bank, since this very thing is the general Plea on the side of the Bank, and perhaps will make the greatest Show amongst the Arguments that will be urg'd upon you for their Prolongation. And indeed, this may very well be collected from what has been already said, concerning the Banks Power of extending so good a Credit; and the many ways it has of compassing such vast Profits; And lastly, The great success it has already had in these Respects. And it will follow from hence, that the Bank will be, in a short time, not only the great, but the only Lender to the Government. I mean none else will be able to supply the Government with such large Summs, as it has frequently wanted, before the Funds upon which these Summs were to be rais'd cou'd come in. For here it must be granted, that as the Bank grows more able, all others will grow less able, to advance such large Summs. For as Money and Credit increases upon the former, it must proportionably decrease with the latter, considering the Bank of England does not in reality, increase the Stock of Money in England, as Merchants do by Trading. So that in all likelihood the Bank will become either the only Lender, or so great a one, that without it, others cannot supply the Government with Loans sufficient; which is one and the same Case, as to the Consequences I am going to draw, Namely, And that Distress may fall upon the Government in point of time, if the Bank, to advance their Premium, or for any other By-End, shou'd be delatory in making those Loans. Or it may fall out worse when the Loans are absolutely necessary for the preservation of our Government and Constitution, if then they shou'd absolutely refuse to Lend. So that the Government will be, in these Respects, as it were in the Hands of the Bank, and may be undone either at long-run by being supply'd at too dear a Rate, or at once by not being supply'd at all. And I believe they that know the World, will own, that these are neither Impossibilities, nor Idle Fears. How otherways the same End may be compassed composed . But to proceed The Banks withholding their Money or Credit from the Government, is not the only Case wherein it may nearly affect us in our Constitution; for the Power of that Stock may be too easily employ'd another way, even to the Destruction of the Government. I will not go so far in supposing, as to say, that this collected Treasure of the Kingdom will ever be made use of against the Government in a Rebellious Manner; or to affect, by Force, any part of our Constitution. I will only presume to give some Hints, to show by what means the Business may be done by Law, and in a Parliamentary Method. The Government of the Bank being, as was said, in 26 Persons, and, as it now happens, of about 2200 200 . Members there are not above 70. as 'tis said, Qualified to be chosen into that Government: There may some time or other (no doubt) be so large a Majority of those who are capable of being chosen, as to make it very likely there will be a good Majority of those chosen, who being disaffected, some out of Principle, others for different Reasons, may possibly think our Constitution stands in need of Alteration. And then it will be Natural for them to enter upon Contrivances, and come to Resolutions how to bring about the desir'd Change. I say it will be Natural, because they cannot but know the means are in their Hands; which are, what has been often suggested, a great Stock of Money, and an unbounded Credit, with a Power in themselves to apply it, as they shall think fit, which Power they undoubtedly have, however they may be thought, by some, liable to be censur'd, or dismiss'd by a General Court, upon detecting (which is no easy matter) such Male-Administration. It is pleaded by an Directors have Power sufficient for the foresaid Purpose. Vid. Letter concerning the Bank, and the Credit of the Nation. Lond. 1697. Author, and a Member of the Bank, as a piece of Merit on their side (which no doubt it was) that the Directors, upon a pressing Occasion of the Kings, had stretch'd their Credit to a Degree that cou'd not consist with any measure of Prudence; nor cou'd the Directors (in his opinion) answer it to their Members, had it been, says he, for any less occasion than the preservation of the Kingdom. I have no other use to make of this, but to infer that the Directors have in them a Power to dispose of the Money, and extend the Credit of the Society, as they shall think fit. And that Credit which once was stretch'd to serve the Government in Distress; may as possibly at another time, if the Directors shall so resolve, be exerted to distress or subvert that Government. The means being therefore manifestly in their Hands, the next thing to be consider'd is how to apply them. A constant and large Majority of 513 is the way; how to compass that is the business. It cannot be denied that there have been frequent attempts, upon those Places where that Majority lies; and 'tis well known how powerful the said means are, in the said Places. But 'tis so Melancholy a prospect to think what the united force (supposing but the Wills united) of so formidable a Society may do; considering how near the thing has been done, by more disproportionate and unlikely means; that I shall wave the detail of Particulars, and be content rather to say too little upon this Article, than to give Light into the secret, but too easy Methods of so dangerous an Experiment. I must confess this vile end cannot be compass'd but by suitable Practices; and therefore I am the more unwilling to make the Supposition. The supposition not unreasonable. But when I find it among the Privileges of the Bank, that any of the numerous Company of its Members (not otherwise unqualified) may be of the foresaid number 513; and when I'm satisfi'd how Natural it is for all Members of so profitable a Company to aim at Friends and Favorites in that House; when again I reflect on the Indisposition of the Times, and cannot but fear there will ever be Men who, upon many other accounts, will be ready to fall in with any Designs of alteration; when lastly, I foresee that the Triennial Act, with all its good Consequences, will have this untoward one, that it will make way for the Execution of such Designs by leasurely, and if I may speak so, Triennial Steps; even tho' it were impossible to finish the base Work all at one blow: These things, and more that need not be mention'd, being seriously consider'd; I cannot think the supposition will appear hard to any Man that looks abroad; but rather that 'tis Natural, especially since the remotest Fears are allow'd, by wise Men, where the Mischief is Fatal. Nor our Fears remov'd by the Integrity of the present Members. But, in bar to all these Fears, I am sensible the Gentlemen of the Bank will plead they have never made any such attempts as are here insinuated: But have all along kept themselves clean from Extortion and Bribery, the two great Plagues of a Nation. And this I had rather grant than deny; but then I must say the Concession will by no means remove our Fears, which will naturally take in all the succeeding Managers, while we have nothing to depend upon but the Integrity of the present. The true Party-Man. But I cannot forbear mentioning one thing which is not a little dangerous to our Constitution; and that is, what we call Voting for a Party; to which all such Societies as the Bank, especially when admitted within those Walls, have a Natural and almost irresistable Tendency, as having ever a separate and Party-Interest to carry on. A Man that Votes steadily according to Principle, tho' he shou'd happen to be against the Constitution, is not, in my Opinion, to be Branded as a Party-Man; for he has made no general surrender of his Judgment: But he that Votes, and perhaps is sent to Vote, only for the Interest of a set of Men in Trade and Business, is the true Party-Man; that is, one who prostitutes all the Laws of Honour, Conscience and his Country, to sinister and selfish Ends. If you know in Fact that you have any number of Men of this Stamp, you must have felt how much our whole Constitution suffers from such infected Members. The Case of a bare Possibility. After all, I suppose there are some Gentlemen will plead that these Consequences, I have thus long insisted upon, are very remote, and unlikely to come to pass; and will call them by the name of bare Possibilities. To take of all pretences, let us grant even this too: I know 'tis Ridiculous to be alarm'd with bare Possibilities in trivial Matters; but in things of the greatest Moment, the least Fears will affect wise Men. For our Fears will rise in proportion to the greatness, as well as to the distance of the Object we fear: And therefore to me the Argument still remains Conclusive, as to the danger of our Constitution, and our All; for ventering All must fright us, tho' it shou'd be but barely possible to loose that. No future restrictions effectual. But even still there may be some that wou'd have us depend upon such Restrictions and Limitations, as the Parliament, they say, may find out for preventing these Evils. But I must answer, that what was just now said makes it unsafe for us to treat, until it's demonstrably made out that such fatal Consequences are absolutely impossible. On the contrary, I think he that considers the Nature of Restrictions, and their usual Success in Cases parallel to this; and that I have already prov'd how liable those now upon the Bank are to be throughly evaded, will not easily believe that it can be demonstrated absolutely impossible such Consequences shou'd follow. But to enter a little farther into the matter; let it be observ'd, That all these Consequences are chargeable upon that boundless Power which the Bank has of extending a Credit so current as this is, which, in its Nature, will always be increasing, until it grows too great for all Opposition. And it's very impracticable so much as to restrain it in this Particular; for it will be said, that it's inconsistent with the Nature and Design of the Bank, and a great hardship upon the Members, to limit or circumscribe their Credit; since in their private Capacities they stand accountable for all they owe beyond what they have in the Hands of the Government. This looks like a very good Plea, and yet if the Parliament does but leave them with the foresaid boundless Power, they will remain, what they are now, the best Credit in the Nation; and then our Treasure will as naturally flow in upon them, as our Rivers run into the Sea. Nor is this so much owing to the Power of their private Credit, as some pretend, for the Part can never be so powerful as the Whole. And let these Gentlemen exert their private Credit as far as they shall think fit, no Body, that I know of, will object against it: But until they are content with that Power, which it seems they are not, by so earnestly desiring a Prolongation, we must believe they want the main Point. But to return: From what I have now said, it follows, at least, that we have no Room to expect a certain Remedy for these Evils, but that, in spight of all Restrictions, the foresaid Consequences will still have a very apparent Possibility. The Case of universal concern. And here I shou'd have submitted the Argument, but that I cannot forbear the mention of one thing more, which is, that these Consequences, how favourable an Aspect soever they may seem to have upon any one Party, are, in reality, of Universal Concern, and therefore shou'd engage us all against them. For, tho' I have said a Change may be made by this means, yet I cou'd not presume to determine what sort of Men wou'd be the Immediate Instruments; and consequently it remains uncertain, in favour of what Party even the first Change may be brought about. But let that be as it will, it ought to be considered whether this does not lay the Foundation for perpetual Change and Revolution. For the means of effecting this are plainly transferable from one sort of Men to another; and indeed, Men disaffected to the present Form of Government, be that what it will, will always endeavour to join themselves to such Societies, who have in their Hands the means of Subversion. So that, after one Revolution, no Man can say whose turn it will be next to be uppermost. And therefore it can never be the true Interest of any Englishman (Churchman, or Dissenter) to have the Legislature Legislative (or which is all one, the Command of it) misplac'd in the Hands of those, who will ever have a separate Interest from the main Body of the People of England. ALthough the Arguments of the preceding Chapters seem to be of that importance, that, if they conclude at all, they conclude against all manner of Treaty about a Prolongation; because of the Power which carries in it but Possibilities of the last Consequence; yet we must, no doubt, have Patience to hear a great deal pleaded on this Head, and much Merit pretended, to answer the pretence of much Danger. In discoursing upon which Merit (that we may be sure to consider it all) I shall not only have respect to their past Services, and their present Profers or Proposals; but I shall also take in those Services they may pretend to, for the future. Their past Services consider'd. As to their past Services they have been chiefly the Loan Load of 1,200,000l. at their first Establishment, and admitting the Ingraftment of the Tallies afterward. Now I have already shown, in part, what great Inducement they had to make that first Subscription to the Bank, not only from the 8 per Cent. but also from the large Prospect of Profits, by a circulation of Credit. It has been Calculated that the said Fund of Interest alone wou'd, in 19 Years repay them Principal; and Interest, with Interest upon Interest, at the moderate rate of 5 per Cent. and all the 1,200,000l. still due to them from the Government. And, at the same rate of 5 per Cent. it has been farther Calculated, that, should they continue a Bank on this foot for 60 Years, the Government must pay them near 14 Millions over and above the first Principal, and Interest, with Interest upon Interest. So that even the 8 per Cent. has been complain'd of by some as too great a Reward. But such Complaints as these may be silenc'd perhaps, by reflecting upon the Advantages which other Lenders also took of the Government at that time of Day. Bank repaid much farther than Mr. Brisco's Calculation But the true and naked State of the Case is this; The Government, at the the the same time that it received their 1,200,000l. gave them a Power to issue Bills of Credit equal to that Summ, making it self security for all those who thus far trusted the Bank. By which means, the Credit thus given to the Bank, became more useful and profitable to them, than, in all likelihood, their Money would have been in their Hands, had they not lent it to the Government. For they not only now enjoy the great Profits of that 1,200,000l. Credit (as before made out) but, by vertue of that Privilege, they have a farther Power of issuing what farther Credit of theirs now passes amongst us; and all this passes currently upon the bottom of the publick Sanction and Security. So that the Profit of this their circulating Credit, if it is not already, is likely enough shortly to be greater than the 8 per Cent. and consequently than the Summs in the foremention'd Calculation. As to the Ingraftment, it was thought by some of their Members an hardship upon them: But it is to be remark'd, that this has prov'd no hardship, nor cou'd well be expected so to prove, since all the Tallies, and the whole Ingrafted Summ, carry'd 8 per Cent. Interest. And they had a farther Privilege of proportionably extending their Credit, as in the first Case; so that the Terms being the same, I cannot see how this can be concluded a worse Bargain for them than the first. By all this I intend no more than to give a satisfactory Answer to the Argument of Merit pleaded upon this Head; let them carry the Plea of supplying the Government, and raising the Publick Credit as high as they will. In short, they have been so amply pay'd for all that they have done (tho' they may be allow'd to have done it with the utmost Zeal) that they must not insist upon much past Merit; let them set forth their present and future as they think fit. Present Pretences examin'd. Let us then come to that point, and examine how their present Pretences stand, these it is said, will be either a Loan of a Million without Interest for the time of the desir'd Prolongation, or else they will lower the present Interest so much, that on the Fund of the Surplus, near a Million may be Rais'd. I hope I may venture to say, that it does not appear from the Posture of our Affairs abroad, or the Conduct of our Ministry both there and at Home, that you will be under any Necessity in this, more than former Years, of recurring to any extraordinary Methods of Raising the needful Supply. But whatever your Occasions, or their Profers may be, which I will not presume to determine, I may be allow'd to say, in the general, that nothing but Ruin can be set against Ruin; that is, nothing but the avoiding a more immediate Ruin (which I hope is far from being the present Case) can warrant those Methods that may produce Ruin, tho' at the greatest distance, while it is within the Verge of a Possibility. Or if ever Affairs shou'd come to that desperate Condition, it wou'd, methinks, still require a deliberate and diligent Consideration, and set our Heads at work to find out, if possible, an Expedient, that is neither in its Nature, nor in its Consequences, Ruinous. Whatever Terms the Bank shall propose to you for their Prolongation, will, I conceive, come before you under the Notion of an Equivalent, if not a Service; but I am satisfy'd, as the Case stands, no present Supply can be deem'd an Equivalent, much less a Service, upon those Terms; nor, consequently, cou'd I be for entring into any Treaty thereupon. And the Reason of this will, I am sure, be more satisfactory in the Words of one of the ablest Statesmen the last Age produc'd. Lord Halifax Anat. of an Equivalent. In Matters of Contract, not only the present Value, but the Contingencies, and Consequences, as far as they can be fairly suppos'd, are to be consider'd. For Example, if there shou'd be a Possibility that one of the Parties may be ruin'd by accepting, and the other only disappointed by his refusing; the Consequences are so extreamly unequal, that it is not imaginable a Man should take that for an Equivalent, which hath such a fatal Possibility at the heels of it. I will not make this Case of ours so invidious, as to say 'tis exactly Parallel to that; but, as that noble Author has made it turn upon a bare Possibility, I think I may say it justly concludes for what I am asserting. Now if the present assistance of the Bank cannot Merit a Prolongation, because of Ill Consequences, then neither will any pretentions of future Service be found sufficient, as being Subject to the same. The Case of the Banks being necessary. But if it be still insinuated by any that the Bank is so highly necessary, that the Government which is chiefly supplied by them, can scarce expect for the future to be supplied without them; I answer, those that think them thus necessary, wou'd doubtless have us believe they are already too great and Powerful to be disoblig'd. And what follows if this be granted? Why certainly that a Prolongation will make them much more Great and Powerful, and Dangerous indeed to be disoblig'd: And, Consequently, then no one can deny the Bank a Power of Subverting that Constitution, which, without the Voluntary assistance of the Bank (for such are all Loans) is not able to subsist. But to take of the Terror of this desperate Argument, I shall deny, and at the same time disprove, this suppos'd necessity of having the Bank prolong'd. Proof that it is not yet necessary. This mighty Power of theirs depends upon one Branch of the Publick Credit; but surely there still remains, intire, a far greater Power in the whole Frame, or Body of our Government, than this part can pretend to. And what the Bank has done with this single Branch, plainly proves, that the Government is capable of doing much more, at least of being duly supplied, without such Foreign aids. Nor, if Methods cou'd be found out whereby the Government might freely exert its own Credit, for its own Service (and be thereby rescu'd from all precarious dependance, and the many hardships of a necessitous Borrower) wou'd such a Design, tho' immediately set on Foot, be any way inconsistent with the Governments Engagement to the Bank at their last Establishment, that there shou'd be no other Bank erected by Parliament during their Term. For that the Government never cou'd intend to preclude it self from exerting its own Credit by that Limitation, is apparent from the very same Act, in which, after the settlement of the Bank, the Establishment and Circulation of the Exchequer Bills is expresly made and provided for; which is a manifest Instance, that the Government has reserv'd that Liberty and Privilege to it self; and excluded only all other private Persons. And indeed it wou'd look very strange, that the Government shou'd, by a premeditated and solemn Act, debar it self of that Privilege, which it wou'd be destroying Liberty and Property to deny to the meanest Subject; that is, to make the best use of his Credit that he can. If then there be still a good Foundation, and a just Power left in the Government for the compassing of so good and great a Work; it remains only, at present, to wish for Heads and Hands equal to it. AND now, from the whole, I hope I may be allow'd by all unbyass'd Men to draw this Conclusion, which is, that the Point here controverted, whenever it comes into Debate within your Walls, will appear of Moment enough to bespeak your greatest Sagacity, and mature Consideration, as it nearly concerns the present Form of our happy Constitution, in which you bear so great a Part your selves, and of which you are intrusted with the preservation of the whole. And if these Papers have given any Light into a Subject, which (notwithstanding the Importance of it to us all) has lain so much out of the way of some, and been so overlookt by others, that it has scarce been duly search'd into by any; then the Author, who has endeavour'd to state the Case with Clearness and Impartiality, will, he hopes, stand acquitted with you, from being either an officious, or a partial Writer. And that will guard him from all the Censures of such who may be forward to say, That is writ for a Party, which is indeed written for the whole; and this doubtless to disguise their own appearing in a Party-Cause. But 'tis to be hop'd all Men of Sense will infer, that he who is against all Alterations, must be for the present Establishment; and that whoever goes about to obviate the Possibility of introducing another Constitution, demonstrates his sincere Inclinations to this. Which makes it almost superfluous to say, that the Design of this Discourse cannot fairly be drawn to favour, in the least, any other Pretensions, or made to plead for any other Cause, besides that of our most Excellent Queen, the Succession happily Establish'd in the Protestant Line, and the ancient and invaluable Freedom of the Parliament of England. And, being perfectly conscious of this, I have little Fear of disgusting any, but those whom a private Interest and Gain has made implicit Votaries to the Bank, or those whom the Prospect of a favourable Turn to their Party, has engag'd so far, as to become Zealous Patrons of this Bank, and loud Advocates for it. But I will not despair that this little Tract may find some Friends, even in Grocer's-Hall; those I mean whom it may incline to part with so much of their own Power, as they themselves wou'd be very unwilling to see fatally perverted. But how such Thoughts will operate upon any of that Society, I must not offer to say; nor does, I hope, the Success of what I say depend there. But if, on the contrary, it shall provoke an Answer, I expect, and justly, that their own Cause be fairly clear'd of the Consequences charg'd upon it, before any other are imputed to this Discourse; and then I promise to debate that Point too. But if, without any such Regard, there appears for Answer only unwarrantable Reflections, and unfair Insinuations, I will give this my final Answer to all Arguments of that Kind beforehand. I grant it, such Methods are well enough calculated to lead the credulous and unwary Multitude into Designs which they do not foresee, or to divert them from looking into those they shou'd: But these are Amusements too trifling to mislead your better Judgments; they will rather have the contrary Effect; for Wise Men when they hear much empty Noise in a Case of great Moment, always suspect that this Clamour is rais'd only to stifle such just Complaints, as those loud Gentlemen wou'd by no means have others hear. I hope I have set no Example of this kind, and that no disrespectful Word, to the Person of any, had drop'd from my Pen; that wou'd have been not only unbecoming, but foreign to my Design, which was to make a just Representation of a Case I judg'd to be of Universal Concern, and to set the matter in that Light to others, by which I first receiv'd Conviction my self; but, in Conclusion to submit the whole (as it is the Duty of every Private Person to do) with all deference, to the Wisdom of the Nation."
"THE Introduction."
"Remarks upon the Bank of England [...]"
"THERE has been a Paper already offered to the Publick, concerning the State of the Sugar Plantations, with Respect to the Ecclesiastick, Civil, and Military Government, wherein some Remarks are also to be met with upon the Trade of those Colonies: But what is principally intended by this, is to consider more particularly the Nature and present Circumstances of this most valuable Trade, and to lay before the Parliament the imminent Dangers we are threatned with, of utterly losing the same, unless proper Measures be quickly taken to settle it upon a better Foundation than it has been for many Years past. In order to this, it must be observed, That the Portugueze in Brazil, the Dutch in Surinam, and IsaCape, and the French in their Islands, especially in that great Island of Hispaniola, in which they have got a great Footing, are possess'd of large Countries and great Tracts of fertile Land, which produce Provisions, and most other Necessaries and Conveniences for Life, and likewise Materials and Requisites for manufacturing Sugar and other the Product of their Land, such as Timber, Horses, Cattle, &c. And on the other hand, the English Sugar Plantations are upon small Islands; Barbadoes, which is but Twenty one Miles in Length, and about Twelve Miles over in the broadest Part, being the largest of them all, excepting Jamaica; and even that Island is not well inhabited; has a great Deal of Savanna Land, is very mountainous, and in War is very much exposed; so that if the Windward Islands should come to be deserted or lost, Jamaica could never be kept and improved so as to support the Sugar Trade to this Kingdom. Further, these our small Islands being obliged to the British Dominions for almost every Thing, such as Servants and Slaves, and Provisions of all Sorts, and for all Materials and Necessaries for manufacturing their Sugar, and other the Product of their Ground, tho' they are thereby the more profitable to this Kingdom, yet by this Means they make Sugar the dearer; but that which adds to their Misfortune, is, that their Land is so poor, that they must be at a great Expence in manuring it, and must plant the same Ground every other Year: Whereas in the Colonies of the aforesaid Nations, there's Room enough to change their Ground, and if there were not, yet the Land is so fertile, that they plant but once in seven, and sometimes but in ten Years, and that without Dung; so that in Consequence of all those Advantages over us, they must undersell us at Foreign Markets, and in time furnish our Markets at Home cheaper than we can, and in the end beat us entirely out of the Sugar Trade. This cannot be thought improbable, if it be consider'd, that in other Nations the same Causes have had the like Effects; for this was the Case many Years ago with a Part of the Turkish Dominions, where there were many Sugar-Works; for it seems, that they were at so great Expence and Charge in making Sugars, that they were furnished from us cheaper than they made them themselves; so that by Degrees we had all the Trade for Sugar to the Levant, for then it was that our Plantations flourished, the Land was fertile, and the Planters had Plenty of Timber, Provisions, and other Necessaries, and were also regularly supply'd with sufficient Numbers of Slaves at easie Rates: But since our Plantations have fallen to Decay, and the Land become barren, but especially since the Scarcity and Dearness of Slaves, we make Sugar so dear, that the Portugueze and others have in a great Measure beat us out of that beneficial Trade, because they can furnish those Markets cheaper than we; and for the same Reasons it will appear, that we are in Danger of being stripped of this, and of all our Foreign Sugar Trade, when it's considered, that the French and Dutch in their Colonies can make this Commodity as cheap as the Portugueze in Brazil. These Things, it's hoped, clearly demonstrate how near the Desolation of the Sugar Islands is at hand, upon the Footing that the Trade stands at present, which must be attended with the Loss of a considerable Trade to these Dominions; it may be computed one way or other at near two Millions Sterling per Annum , which must bring Ruin upon many thousand Families in the Plantations, and many more Thousands in these Kingdoms. This doth not depend upon Speculation; the Facts are plain and most of them self-evident; and if any Doubt arises upon any of them, there are undeniable Proofs ready to be offered to the Parliament, in order to confute every thing that can be suggested to the contrary. It is therefore humbly hoped, that in an Affair of so great Consequence, the Wisdom of the Legislature will at last, and while yet they have it in their Power, effectually interpose their Authority, and by their seasonable Resolutions prevent this impending Evil: And it is humbly offered by the Planters, who are most immediately immmediately concern'd, and may be presum'd to know the State of this Case, at least as well as any other Men, that nothing will preserve and support the Sugar Plantations, but the securing as much as possible the whole Trade to Africa, in the Hands of the Subjects of Great Britain: By which Method we may yet put our selves into a Capacity of cutting off all other Nations, or at least of making it difficult for them to get any great Number of Slaves from the Coast of Africa; the Consequence thereof must be, that then their Plantations for Want of Labourers would be so far from multiplying and encreasing, that those they are already possess'd of must fall to Decay: So that to me it seems evident, that we have no other Way left, but only this, to recover and preserve the Sugar Trade in our own Hands. Nor will this be impracticable, if it be remember'd, that within less than thirty Years, when the African Company flourished, and had Power upon that Coast, they had much the greatest Part of the Negroe Trade; they had then, and for many Years before, such Interest among the Negroe Kings and great Men' and such Power over them, that the Natives in general could dispose of but very few Negroes to other Nations; nay, such was the Company's Power in those Times, that the French had not so much as one Factory upon the Gold Coast; it's true, they once attempted to make a Settlement, and for that end sent out a Squadron of six Men of War with Men, and Stores, and Ammunition, and all other Necessaries to erect a Fortification; but after they had landed, and built a Fort, the very Night before they were to mount their great Guns, the Negroes came down upon them, and beat them off, and demolished their Fort, and so they went on Board their own Ships again, re infectâ . Such was then the Interest of the English with those Barbarians, that they would not suffer the French to settle among them; it's true, the Dutch had and have a great many Forts and Factories all along this Coast, but their Slave Trade in those Days was very inconsiderable in comparison of ours: Indeed, since the Trade has been laid open by the late Act of Parliament; the great Contentions that have arisen between the Separate Traders and the Company; the Abuses committed by the Company's Agents upon the Coast, by confederating with the Separate Traders to the Prejudice of the Company; the Strugglings amongst the Separate Traders themselves at the Market, which has also greatly contributed to the Raising of the Prices of Negroes very high; and the many Violences, and unfair and illegal Practices committed by some of the open Traders on the Coast, for which the Company has often paid very dear: Such a Conjunction, I say, of fatal Circumstances, which are and always must be the unavoidable Consequences of a loose and precarious Trade, could not but tend exceedingly to the lessening and undermining the British Power and Interest on that Coast; insomuch that, I may appeal to Experience, whether the Dutch or the Natives of Africa have not been greater Gainers by that Act, than either Great Britain or the Plantations; as to the Dutch it's evident, that since the passing that Act, they have gained a greater Power and Trade on that Coast than they had before; and that they have wonderfully encreased their Sugar Plantations in Surinam and Isa Cape; and as for the Africans, they are become so wise by our Divisions, that they have raised the Price of Negroes to near 20l. per Head, whereas formerly the Company bought them from 50s. to 3l. at most, and the Planters in those Days were furnished from 14l. to 18l. per Head, the choice Negroes; this advanced the Number of Slaves in the Island of Barbadoes to near 80000, which produced in Barbadoes near 30000 Hogsheads of Sugar yearly, besides Cotton and other Commodities, which advanced the Revenue, comsumed a great Quantity of the Manufactures of England, and employ'd near 500 Sail of English Shipping: But since by these Contentions upon the Coast, the Price of Negroes has been so high, the Planters have paid from 30l. to 40l. and in some of the Islands 50l. per Head, and this has lessened the Number of Negroes, which now is under 60000 in Barbadoes, and the Product which is under 20000 Hogsheads of Sugar, and other the Product in Proportion; so that the Consumption of the Manufactures, the Revenue, and the Navigation have decreased also in Proportion, so that upon the whole it's very apparent from Experience, that nothing but an united Power upon the Coast of Africa can secure this Trade: Power, and the Purse, Force, and Merchandize must be united, and put into one and the same Hand. For this purpose a Considerable Stock must be Staked, which cannot be done Effectually any other way than in a Body Exclusive of all others; this will be a certain Stake in the Hedge to support the Trade; for the Body politick will always remain: The Men, 'tis true may be changed, but the Body it's self may be Obliged to supply the Plantations with sufficient Numbers of Negroes at reasonable Prices, whereas any other sort of Company than that of a Joynt Stock, cannot Oblige themselves, nor can they give any Security that they will Trade, neither can they be secure of a sufficient Stock for carrying on the Trade, Merchants being at Liberty in all other sorts of Company's, whether they will come in or no; and if they do come in for one Year, may leave it the next. And it's presumed further that no other but a Joynt Stock Company will be tyed down to furnish the Plantations only with Negroes, for it's very well known, that most of the Negroes, Imported into the Plantations by the separate Traders; during the late Act of Parliament, were Exported again to the Spaniards, French and Dutch, but principally to the Spaniards. And certainly it can never be denyed, but that, if Merchants are left to their Liberty, they will Trade with those Nations who can better give 40l. per Head than the British Planter can give 20l. for Merchants will have regard to their own private gain; but it's not doubted but that the Parliament will consider that every Negroe sold to the British Planter, tho' under 20l. brings much greater advantage to this Kingdom, than one sold to other Nations at 40l. or even at Fourscore; because the Labour of a Negroe brings Annually ten Pounds during his Life; and as his Children grow up, their Labour amounts to as much more each. It's next to be considered, that, it will be Impossible to perform the Assiento Contract unless an Exclusive Company with a Joynt Stock be Established in Manner aforesaid; for if a Number of Men, open Traders, should enter into an Agreement for the performance of this Contract, they must make Subscriptions, and this will become a Stock, and Interfere with all other open Traders; and should such a thing happen, what advantage will the Out-ports of Great Britain have; when they try the Trade to Africa, they will find that the Numbers of Traders that live at London will so Govern the Market upon the Coast, that other Traders will not be able to come in Competition with them, or otherwise, what has been and is the Case already, will continue, viz. that by Struggling with one another upon the Coast of Africa, they will not only keep up the price of Slaves there, but raise it still higher, and so put the Trade in a worse Condition than it's now in; and make the Africans wiser and wiser by throwing the profit into their hands; so that at last they being at Liberty to Trade with whom they please, will find the Sweet of Trading with other Nations, who can give them at least as much again as the British Merchants can, by which means it must in the End come to pass, that, even those that would pretend to secure the African Trade most, will not be able to purchase any Slaves at all: But should any Sett of open Traders pretend to secure the African Trade to this Nation; then it's presumed, they must have Forts, Castles and Factories; If they build them, they must Consider of whom they are to purchase the Land, and the great Expence that must attend such an undertaking; but allowing that such a Sett of Men could get over that, then it's plain there will be two Company's, the Consequence whereof need not be mentioned. But it may be supposed that this present Company may be Compelled to part with their Forts and Factories, and all their property upon the Coast; but can this be any more than changing Hands, if any Sett of Men be put in Possession of those Forts, &c. and make Subscriptions sufficient to secure the Assiento Contract, and a sufficient Importation of Negroes to the Plantations at reasonable Prices. And if this Security is not given, then what will become of the Plantations and the Assiento Contract. Were it not therefore more consistent with Reason and Justice to consider, that, many Years ago, the Coast of Africa was by Charter granted to the present African Company; that at the time that that Charter was granted, the Trade was in a manner lost to this Nation, which the Company soon after recovered and vastly Improved; that they have since laid out great Sums of Money upon Forts and Factories and in carrying on this Trade; that for many Years they furnished the Plantations at easy Prices, and gave long Credit; that by these means the Sugar Colonies were Settled and did arise to a great Heighth; that in the first and second Years of the first of the two last Wars, they lost near Thirty Ships of their own; that the French committed great Depredations upon some of their Factories; that they have sustained great Losses by the Hurricane and Earthquake in Jamaica; and by their Out-standing Debts in that and the other Plantations; and lastly that they have suffered many great hardships by the late Act of Parliament, which did indeed Ordain that all Separate Traders should pay 10 per Cent. to the Company on all their Exports, for and towards the Maintenance of their Forts; whereas it appears from the Entries of the Separate Traders, that they never paid the Company above 1 per Cent. Would it not I say, be Justice to give this Company an Opportunity of retrieving those Losses, and to Enable them to take Subscriptions, for a sufficient Stock to carry on the Trade, and to get the power of the Coast of Africa again into their own Hands: Which great point cannot otherways be gained but by Merchandize, and Power being in one and the same Hand, to make Alliances with the Negroe Kings, that they may sell their Slaves only to the Company. Is it not very plain that since this late Act of Parliament, Negroes have risen in their Price upon the Coast, and that the Planters have paid much dearer in the Plantations, and have been but ill Supplied? Tho' it may be allowed that the Wars were partly the Cause of the last Evil, yet it cannot be thought so of the first, which was Occasion'd by the many buyers on the Coast, and they must rather Increase in Peace, so that that Evil will still grow upon us. But it is Objected that in a Company Exclusive, there being but one buyer, tho' that Company may buy Cheaper upon the Coast, yet they may Impose what Prices they please upon the Planters for their Negroes; to which I think it may be sufficient to answer, that the Planters have already found it to be otherwise by Experience, besides the Company are willing, it seems, to be Subject to any Regulation or Enquiry that the Parliament shall appoint, if the Planters Complain. Another Objection is, that this Company will be the only Buyer of the Manufactures in this Kingdom, and so Impose what Prices they please. But was this ever Complained of, even before the late Act of Parliament? Yea, did not the present Company almost every Year before that Act passed, either Increase their Exports, or set a-foot some new Manufacture or other; and may not the same Jealousie arise from any Set of Men combining in that Trade. As for the Out-Ports they may flatter themselves, but they will soon find their Mistake, and that by aiming at a Trade, they may be Instrumental in losing of it to all Her Majesty's Dominions, and at last of ruining the Plantation Trade it self; which they now feel the Sweet of, and thereby be the Occasion not only of the Loss of the Consumption of 100,000l. of Merchandize Exported to the Coast of Africa, but also of the Loss of Two Millions a Year to all the Queen's Dominions, should the Plantations be deserted, which must happen in a few Years, if the Trade to Africa is not so settled that the British Planters may not only have sufficient Numbers of Negroes at easy Prices, but other Nations cut off as much as possible from that Trade. It has been often said that the War occasioned the dear Prices of Negroes in the Plantations, no doubt the Navigation and every thing being dear, and the great Risque, must have raised the Price of Negroes in the Plantations: But are not the buying of them dear and the Mortality that frequently attends such Voyages too, much greater Causes of their high Prices, which a Company, being but one buyer, can only prevent; for when they Command the Price upon the Coast, they can have them Cheap, buy them up, and have them ready against the Arrival of their own Ships: So that they may be dispatched in a Month, or Six Weeks; whereas Separate Traders have been Obliged to stay sometimes Four or Five Months before they could purchase their Compliment of Slaves. Was it the War that was the Cause of the Planters being ill Supplied, when the Separate Traders affirm, in Seven Years, they imported into the Plantations 150,000 Negroes: No, if all those Negroes had been settled in the Plantations, there could have been no Complaint for want of Supply; but it's plain, if any truth in this great Importation, they were carried to other Nations: And I may Appeal to the Separate Traders, whether during the late Act of Parliament, they have not been Losers by what Negroes they have sold to the British Planters, take these 15 Years last past round; particular Men may have got, but its plain the Traders in General lost; and particular Men may get again, and after they have done their Business, leave off the Trade; but it's hoped that upon better Consideration, they will become more publick Spirited, and preferr the preservation of the Plantations to their own private Gain, and become Subscribers to the Stock of the present Company; and Consent and Assist in supporting their Charter and Privileges, by becoming Proprietors in the same, rather than Endeavour to destroy the property of a Company, that in a manner settled the profitable Sugar Colonies, and have met with great Losses, which with the aforementioned Hardships and Injury's have brought them Low, 'till the late Act of Parliament in Favour of their Creditors, which has revived them; for however their Necessities, during their misfortunes, might have forced them to some Shifts, which is even the Case, many times, with private Men; yet they cannot be denyed the Credit of this, that they have, under all these Discouragements, tho' at a very great Charge, kept Possession by the power of their Forts, Castles and Factories upon the Coast; and are now going on briskly with the Trade, that again Offers its self to this Kingdom; a Trade that Offers many advantages, not only the Consumption of Manufactures for the purchase of Negroes, for carrying on the profitable Plantation Trade, but the great Consumption that may be Introduced amongst the Negroes, of our Manufacture, even Equal to that in New Spain: Besides, by penetrating into that great Country, no doubt Gold and Silver Mines may be found out Equal to the Spanish or Portugueze Mines; but then this can never be Effected by Separate Traders, or otherways, than by the power of a Company Exclusive; for the State and Condition of the Africans must not be compared to that of the Turks or Muscovites, from whom we must take Laws, and such Trade as they will agree to; but in Africa we might give not only the Natives, but even all other Nations, Laws, which can be no other way done, but by such an Establishment as has been mentioned. We have been too many Years instructing the French, Dutch and Portugueze, to take this Trade into their own Hands, and have gone a good Length in teaching the Africans to keep us all under their Command; therefore it's high time to put this Trade on a certain Foot, for otherwise, Adieu, not only to the African, but to the Plantation Trade."
"SOME OBSERVATIONS, SHEWING The DANGER of Losing the TRADE of the Sugar Colonies, &c."
"Some observations, shewing the danger of losing the trade of the sugar colonies"
"THE Miscarriage of the Naval StoreBill last Session of Parliament, leading several Gentlemen to enquire how a Bill so very advantageous to the Publick, could be lost; and your Desire of having the true Reasons which put the Merchants upon applying for it, have engag'd me to give you the Trouble of this Letter: in which you have, according to the best of my Knowledge, the true Cause for undertaking it, and also my Thoughts touching the regulating our Trade to the Plantations, in those Particulars you seem to be dissatisfy'd in. It is well known that we formerly receiv'd our Supply of Pitch and Tar from Sweden: but the Swedish Merchants knowing that the Best Tarand Pitch was made in their Country, thought they had an Opportunity given them to engross it to themselves, and to send it out in their own Shipping, and sell it to their Neighbours at their own Prices: In order thereunto, they form'd a TarCompany, who engross'd the whole; and several severe Laws were made, that no Makers should sell to any but to them, and that no Ships, either foreign or their own, should load any but for their Account, and by their Order. This Monopoly gave great Uneasiness to our Merchants, who thought it a Hardship to be debarr'd bringing home what Pitch and Tar they had occasion for their own Shipping; for losing that Navigation was putting a Number of Ships out of Employment, and consequently paying our Neighbours for Work whilst our People were unimploy'd. They made several Complaints, but to no purpose, till the Year 1703. a War being then declar'd with France, and consequently a Royal Navy to be fitted out. Upon Examination it was found, that there was not then Pitch and Tar enough in London for an immediate Supply. Hereupon several Letters were wrote to Dr. Robinson, now Bishop of London, then her Majesty's Envoy at the Court of Sweden, upon that Occasion: To which the Doctor return'd an Answer from Warsaw, the 4th of August, 1703. to Sir Charles Hedges Secretary of State. This Letter was copy'd out, and given to several Merchants, that they might see how much it was in the Power of the King of Sweden, either to forward the fitting out the Royal Navy of England, or to keep it in Harbour. But for better Information, I have transcrib'd the Letter, viz. I Just now receiv'd your Honour's Letter of July the 6th, with Orders that I should earnestly press the King of Sweden to give such Directions about the Delivery of Pitch and Tar, as that her Majesty may know what she has to trust to therein. Upon this Subject I humbly take leave to repeat what I have formerly writ your Honour, that on the 17/27th of March last I transmitted to the King of Sweden her Majesty's Letter about this Business, and sent it with a large Deduction to Count Piper; whereupon on the 20th of March his Majesty writ to the College of Commerce at Stockholm, that they should give all due Assistance to the English Factors, employ'd to buy up that Commodity for her Majesty's Service; that for ready Money they should be supply'd as well with what was wanting for the two former Years, as what was desir'd for this. Which Letter I sent to Stockholm, where it was in due time receiv'd. Not long after, Count Piper told me, the Directors of the Tar-Trade had represented it to the King as a great Grievance, that they should be oblig'd to deliver at Stockholm any Pitch or Tar for the Use of the English Navy, for that they could to much more Advantage carry it thither, and sell it themselves. I prest the Count very earnestly, that at least the King's Letter, which was already sent, might be comply'd with for this Year; and that if the like was desir'd for the future, we should give them Time for Deliberation, whether they thought fit to gratify the Queen therein or not. I had hopes this fair Request would not have met with any Difficulty, but have lately heard from Mr. Jackson it has been wholly rejected, and that the Directors of the Tar-Trade have declared they will export to England and elsewhere all their Pitch and Tar for their own accounts, and that her Majesty's Navy shall be supplied at the Market-Price fixed. This I take to be all her Majesty has to trust to on that side; and my humble Opinion is, no Relief from hence can much mend the matter. For as it can hardly be expected any new Order from the King of Sweden (if procured, which is uncertain) can arrive at Stockholm till some time in September, so it is not sure it will then be obey'd more than hitherto, especially considering that by that time the Transportation of Pitch and Tar from Finland to Stockholm will be almost over, and the Directors will have to say, that they have not the Quantity desired. It would also fall into a hazardous WinterVoyage, and, in all human appearance, not answer her Majesty's Occasions; wherefore I am much in pain what Resolutions to take. To repeat her Majesty's Request to no purpose, and where there may be a tolerable Pretence for not complying with it, seems to me to be very improper; and I humbly hope your Honour will be of that mind. Mr. Jackson writes me in his Letter of July 1, that a good Sum was then offer'd to facilitate the Matter, but he had no hope it would succeed; I also believe it will not, the Count Wrede being so little inclined to contribute in any case to a good Intelligence between England and Sweden, and none else having any Authority in these Matters: and therefore if these Endeavours also fail, I cannot perceive her Majesty can with any Certainty be supplied otherwise than either by buying Pitch and Tar of those Directors, at such a Price as they will sell it at in England, or by seizing what they send, whether found by Sea or in Port, and taking it at a reasonable Price. The King of Sweden did the same last Year by Lead bound for Dantzick; and our Merchants there writ me, they apprehend it may be so this Year also. The Reclaimers, not insisting upon the Advantage they might have had by carrying their Lead to Dantzick, offer'd it at the same Price the Admiralty of Sweden paid for the last Lead they bought; but instead of that were obliged to let fall one sixth, and without any Composition for the bringing up and detention of their Ships. Against this may be objected, that thereby the present Occasion may be served, but the Uncertainty become greater for the future. To this I can only answer, That the Swedes must always by themselves or others, ship out their Pitch and Tar, and we shall therefore hereafter be at as much Certainty as now. Besides, as those Directors have for many years monopolized, and reserv'd to themselves the Transportation of all Pitch and Tar that goes to Holland, so I judge they intend to do in regard to England also, which if so, would fall hard both on our Traders in that Commodity, and on our Shipping employ'd hitherto in a good Proportion to fetch it: beside that the Price in England would be what the Monopolizers pleased. These Inconveniencies will, I hope, be consider'd, and remedied one way or other. I am also of opinion, that if the War with Muscovy be of any long Continuance, and Inroads be made into Finland, as most probably will, Sweden will not have such Quantities of Pitch and Tar to send abroad as the Occasions of Europe require. Courland furnished some formerly; but while the Swedes are Masters there, none can be expected thence. It is but very little, and not good, that Norway yields; and I suppose there is but very little Certainty it can be had from Muscovy. What Difficulties there are in making and bringing it from New England, I am not acquainted with, but take it for granted England had better give one third more for it from thence, than have it at such Uncertainties, and in so precarious a manner from other Countries, &c. The Swedes were so fond of their new Monopoly of Pitch and Tar, that I am assur'd, by the Commander of an English Merchant-Ship, who was at Stockholm in the Year 1710, that his was the first English Ship which had been there for six or seven Years; and that he made Application by some British Merchants residing there, to the Tar-Company for a Loading of Pitch and Tar, offering them their own Prizes in ready Money: but no Interest could prevail, unless he would give Security not to carry the said Loading to London, Lisbon, or any other Port where the Company had a Factory. The People of England soon took the Alarm; the Merchants made strong Application for making those Commodities in our own Plantations, and therefore that matter was brought before the Parliament, who gave the present Encouragement upon importing Pitch and Tar from our Plantations, which soon produced very great Quantities from thence, and they are now so very much encreased, that we receive twice as much as the Nation consumes, and are thereby enabled to export great Quantities to the Streights, Spain, Portugal, Holland, Bremen, and Hamburg. 'Tis allow'd the Bounty given by the Government amounts to a large Sum yearly; but what we re-export and sell our Neighbours, makes the Kingdom amends for that Disbursement, and it has brought down the Price so low, that both Pitch and Tar are sold with us for less than one third part of the Price we once paid for Swedish Pitch and Tar: And if this way of supplying our selves from our own Plantations had not been found out, no body knows how high the Swedes might have raised their Price upon us, besides the Uncertainty of having it at any Price. Upon the King of Sweden's Return from Bender, the Merchants were of Opinion, that his active and warlike Temper could not long sit still, and that a War would soon begin in the Baltick, which would be a great Interruption to our receiving from thence Naval Stores, and also be very injurious to all Manufacturies that depended on them for Materials, but especially to the Iron Manufactury, Timber, &c. What was fear'd soon came to pass, a War in the Baltick was begun, great Numbers of our Ships were seiz'd on frivolous Pretences, and carry'd into Swedish Ports, and condemned as Prize, to the unspeakable Damage of the Merchants of this Kingdom; for which no manner of Redress has been obtain'd. The Lords Commissioners of Trade being sensible of the great Advantage of supplying our selves with Pitch and Tar from our own Plantations, sent to the Merchants to give them an account what other Naval Stores might be produc'd and brought from thence. Their Lordships were told, that if Encouragement was given, and the People put into a proper way to begin, all other sorts of Naval Stores, as well as Pitch and Tar, might be brought from thence; that the Swedes had laid a new Duty on their Iron of near 25 per cent. and that the Interruption of our Trade in the Baltick had greatly distress'd our Iron Manufacturers for want of Iron to carry on their Business; and farther, that the Danes had rais'd their Boards from eight or nine Dollars, to eighteen Dollars per hundred: That Undertakings of this Nature (as in the Case of Pitch and Tar) would at least lower the Prices, and lessen the Imports of Danish and Swedish Commodities, which at present drew from us a most prodigious Sum of Money. And, Lastly, it is manifest, that unless we import about 20,000 Tun of foreign Iron per annum , our Manufacturies cannot be compleatly carry'd on: For in the two Years before the War began in the Baltick, viz. 1714, and 1715. (in which Years we had a free Trade with Sweden) above 40,000 Tun was imported; and tho in the two following Years above 23000 Tun was imported, yet that being short of a sufficient Supply, it created terrible Complaints among the Manufacturers. Now 20000 Tun of Iron, at 12l. per Tun, comes to 240,000l. and the Boards and Timber we receive at their present advanc'd Price, comes to 200,000l. more; and if they found we could not otherwise be supply'd, they would raise the Price on us. And besides all this, the Danes and Swedes had usually the Navigation of all their own Boards and Timber, &c. in their own Shipping; which Employment qualify'd them to breed up Seamen, and consequently, upon any Irruption, to fit out Ships for War and Privateers to annoy our Trade; and if so great an Advantage as bringing the said Commodities from our Plantations could be brought to pass, it would augment our Navigation to the Plantations to more than double what it now is; and not only be an additional Employment to our Ship-Builders, and all others concern'd therein, as well as to our Sailors and Seamen, but increase the Consumption of our Provisions, and other Necessaries for victualling and fitting out the said Ships; and that as our Navigation encreases, that of Sweden and Denmark must of course sink, and our new Supply of Seamen will be the greatest additional Strength imaginable of able and useful Seamen to the Naval Force of this Kingdom; which Sailors will be ready on all Occasions to man out our Fleets. That in the Navigation we now carry on to our Plantations, it often happens that the Crops of Tobacco and Sugar, &c. fall short; so that many of the Ships are forc'd to come home dead freighted, and some lie a whole Season for the next Crop, which (if Encouragement was given for bringing Timber, &c. from our Plantations) would, upon such Disappointments, be sure of a Loading. These Accounts were receiv'd with very great pleasure by their Lordships; and the Merchants, to promote so good a Work, waited on the Ministry at the Board of Trade, who heard and thorowly examined what the Merchants had to offer. And after they had been attended at a great many Meetings, and receiv'd full Satisfaction, that it would be greatly for the Advantage of this Nation to be supply'd with Naval Stores from our own Plantations, and very much enlarge the Exportation of our Woollen and other Manufacturies; a Motion was made for bringing a Bill into the House, which was accordingly agreed to by the House, and pass'd the Commons with a Clause, "That no Person or Persons within the said Plantations, or any of them, shall manufacture any Iron Wares of any kind whatsoever, out of any Sows, Pigs, or Bars whatsoever, under the penalty of empty space one part to such Person or Persons as shall seize or sue for the same, to be recover'd in any of his Majesty's Courts of Record at Westminster, or Court of Exchequer in Scotland, Courts of Admiralty, or other Courts of Record in the Plantations, &c. the Proof to lie on the Possessor." By this Clause no Smith in the Plantations might make so much as a Bolt, or Spike, or Nail. This Clause must indeed have put the Colonies into a most miserable Condition; the Smith being above all other Trades absolutely necessary for carrying on all other Employments: among the rest, that of Ship-Building had by it been utterly destroy'd, tho by this Article they make a great part of their Returns to England for purchasing our Manufactures. And there was another Clause added in the House of Lords, "That from and after the 25th day of Decemb. 1719. no Forge going by Water, or other Work whatsoever, shall be erected or kept up in any of the said British Plantations, for the making, working, or converting any Sows, Pigs, or cast Iron, into Bar or Rod-Iron, upon pain, that if any Person from thenceforth erect or keep up, or cause to be erected or kept up any such Forge or other Work for the Use or Purpose aforesaid, such Person so offending, being thereof lawfully convict in any of his Majesty's Courts of Record at Westminster, or in the Court of Exchequer in Scotland, or in the Court of Admiralty, or other Court of Record held in such Plantation where the Offence shall be committed, at the pleasure of the Informer, shall, for such his or her first Offence, suffer six Months Imprisonment without Bail or Mainprize, and for every other such Offence shall suffer six Months Imprisonment without Bail or Mainprize; and all Governors, or Commanders in Chief of the said Plantations, and every of them, now and for the time being, are hereby strictly requir'd not to suffer such Forge, or other Work to be erected or kept up in any of the said Plantations within their respective Governments, contrary to the true Intent and Meaning hereof; and if any of the said Governors or Commanders in Chief shall willingly or wittingly offend or be negligent in doing his Duty herein, upon Complaint and Proof made thereof before his Majesty, his Heirs and Successors, or such as shall be by him or them thereunto authoriz'd and appointed, by the Oath of two or more credible Witnesses, the said Governor or Commander in Chief, so neglecting or offending, shall be remov'd from his Government." This second Clause must have ruin'd all those Iron-Works in the Colonies, to the great Loss of the Proprietors of them, and given the French a much fairer Handle to tempt them into their Settlements, which join to ours, than the Scarcity of Iron has given them to intice away our Artificers. Which being duly consider'd, those Persons that were sollicitous for the Benefit of the Publick, desir'd the Bill should be dropt that Session, that the Members of both Houses might have time fully to inform themselves of the Advantages thereof. Those Gentlemen who chiefly oppos'd this Undertaking, were concern'd in Iron-Works, who since the Interruption of the Trade with Sweden, have rais'd their Iron to an extraordinary Price: They did all they could to obstruct the Bill; they reported it would hinder the Exportation of wrought Iron to the Plantations, that it was only a Trick of some Stock-Jobbers, and that it was carry'd on by some Persons that had a Grant from the Crown of some part of Nova Scotia. All which were mere groundless Insinuations; for there never was a Design of making a Stock of it, nor were any Stock-Jobbers ever concern'd in the solliciting it, much less did any Person concern'd whatsoever think of a Grant from the Crown; neither was Nova Scotia the Place intended for carrying on the aforesaid Business, or thought to be proper for the said Undertaking. But as the People of New England, New York, Pensylvania, Carolina, &c. are under great Necessities for English Manufactures, and an Incapacity of providing Commodities to pay for them, has prevented the English Merchants from sending them those large Quantities that might be a sufficient Supply; and as inevitable Necessity has put them upon manufacturing for themselves; therefore this new Employment of providing Naval Stores, was propos'd to take them off the Manufactures that interfere with ours. But making a Monopoly or Stock of it, would utterly destroy the very Intentions of the Naval Store-Bill, force the Planters to continue to manufacture for themselves, and prevent the exporting our Manufactures thither. Those Joint-Stocks or Companies, that have been erected for carrying on a Trade to the Plantations, have been found very prejudicial, and their Capitals have been quite traded away, and entirely lost to the Proprietors. Upon examining our Exportation of wrought Iron to the Plantations, it appears that the same amounts to about 1300 Tun yearly; the full half of it goes to Jamaica, Barbadoes, and the other Sugar-Islands. But if we allow seven hundred Tun to the Plantations on the Continent, about one half of that goes to Virginia and Maryland, where they have better Employment than to set hands to the making Iron Wares, and make sufficient Returns for themselves. Therefore it may be concluded, that these Plantations, as well as the Sugar-Islands, will never concern themselves in making Iron-Manufactures; so that the whole that can be in danger is the remaining 350 Ton. Now the Manufactury of all this 350 Ton, allowing full 12s. per Hundred Workmanship, comes but to 4200l. a Sum not worth mentioning. 'Tis then very obvious, there was no reason for the aforesaid Oppositions. If these Gentlemens Care had been for the Good of the Publick, why were the Woollen, Linen, and Leather Manufacturies, Hats, &c. neglected? Is it not as much the Interest of England to preserve the Exportation of those Manufacturies, as that of Iron? But if our Plantations, that have thirteen or fourteen Iron-Works employ'd in making Bar or Pig-Iron, were encouraged to bring it home, it would not only secure the Trade we now have with them, but enlarge it. This Rise of Iron is a very severe Tax on Waggoners, Carriers, and Farmers, viz. on the Tire of their Waggons, Carts, Plough-Shares, and other Iron-Works. It is three Half-pence or two Pence per HorseShoe upon all large Waggon-Horses and CoachHorses in and about London, and a Penny on the least Shoe that is made; and I suppose it may be near the same in other Parts of the Kingdom. 'Tis also a most prodigious Discouragement to all our Ship-building. We can't expect to make Anchors, Bolts, or any other Iron-Works, for the Streights, Spain, or Portugal, nor find a Market abroad for our IronRails, Gates, and other nice Iron-Works; the Iron being so much cheaper in Holland, Germany, Flanders, &c. will cause our Workmen to go thither to supply foreign Markets. But tho we have as good Opportunities of making Iron as any Place in the Universe by our own People in our own Plantations, the Profit of which would be spent among us; yet we must not improve them: A Circumstance hard to be accounted for! If it had not been for this Restraint upon the Iron-Trade, we might have had the fitting out of our own Guinea Ships; but the Dutch underselling us in Guns, Knives, and other Iron-Works, have thereby ingrossed the fitting out whole Cargoes. It must be owned the Distress of the Poor Manufacturers is very great: The Dearness and Scarcity of Iron has thrown abundance of them out of work; and those that continue to work, have such large Deductions out of their usual Wages, that they meet with great Difficulties to find Bread for their Families. The Iron-Manufacture is said to be the third in the Kingdom; and that not less than 200,000 Persons are employ'd in it. The Waste and Destruction of the Woods in Warwick, Stafford, Worcester, Hereford, Monmouth, Glocester, and Shrop, Shires, by these Iron-Works, is not to be imagined. The Scarcity of Wood is already grown so great, that where Cord-Wood has been sold at six or seven Shillings per Cord within these few Years, it is now risen to fourteen or fifteen Shillings; and in some Places is all consumed. The Iron-Works are got among the Woods in Glamorganshire, and have begun on the small Quantity in Pembrokeshire, which can stand but a little time before them. And if some Care is not taken to preserve our Timber from these consuming Furnaces, there will not be Oak enough left to supply the Royal Navy, nor Shipping for the Use of the Merchant, to the great Discouragement of Ship-building and Navigation, upon which the Safety and Figure of these Kingdoms, as a Maritime Power, depends. It is generally allowed, that within these sixty Years, Ireland was better stored with Oak-Timber than we are; but several Gentlemen from hence, as well as those residing there, set up Iron-works, which in a few Years swept away the Wood to that degree, that they have not small Stuff left to produce Bark for their Tanning, nor Timber for common and necessary Uses. Their Distress is so great, that they are forced to send to England and elsewhere for Bark, and to Norway, &c. for Building-Timber, and suffer their large Hides to be exported to Holland, Germany, and Flanders, where (to the loss of that Manufactury) they are tanned: and every Body is sensible of the Damage it must be to a Kingdom to lose their Manufacturies, and how difficult it is to regain them. For if we consider Manufacturies and Navigation in general, we shall find that Kingdoms and States are more or less rich, as they have a greater or lesser Share of Manufacturies and Navigation. If we take a view of Denmark, Switzerland, Bohemia, and other Parts of Germany, we shall find the common People so miserably poor, that they think themselves happy when they have an Opportunity of listing for Soldiers, and are always desirous of hiring out their Troops to be maintain'd by their Neighbours, and to receive the small Returns of Money they are capable of sending home out of their Pay. If we likewise take a view of our own Kingdom, we shall find our Trade and Riches came in but very slowly till our Plantations began to be settled; and as they throve, our Trade and Riches encreased, our Lands rose in value, and our Manufacturies encreased also. And there are Reasons enough to be assigned for it, which I may at a proper time more fully demonstrate. 'Tis generally agreed, the Sugar and Tobacco Plantations only, employ 300 Sail of Ships, which may be allowed to find Employment for 6000 Sailors; and they and their Families are all maintained by this Navigation. Allowing each Ship to be worth 2000l. fitted out to Sea, there must be 600,000l. of the National Stock employ'd in this Shipping, beside their Cargoes. The Advantages of victualling such a Number of Ships must be very considerable. The Dependants on this Trade, and their Families, are all supported and maintained thereby; such as Ship-Carpenters, Joiners, Caulkers, Sailmakers, Rope-makers, Anchor-Smiths, Blockmakers, Ship-Chandlers, Bakers, Brewers, Butchers, Lightermen, Wharfingers, Porters, and Carmen, beside many other Employments. And further, let those who are versed in Politicks, consider how much the natural Bulworks of this Island are maintained, repaired, and augmented by so great a Number of the best of Sailors. It has been affirmed by some very good Judges, that before the Settlement of our Plantations, we paid 400,000l. yearly for Brazil Sugars; that we paid the Spaniards 100l. per Ton for Logwood, and an extravagant Price for a great many other Commodities, with which we are now supplied by our own Plantations. And Sir Josiah Child tells us, that in his time Brazil Sugars were beat down by the English Sugars from 7 or 8l. to 50s. or 3l. per Hundred; and the Quantity imported from the Brazils from 100,000 or 120,000 Chests, to 30,000 Chests. And by another Author we are also told, that Brazil Tobacco stood us from 4s. to 8s. per Pound. If we consumed but half the Quantity of Sugar then that we now do, and it cost us 7 or 8l. per Hundred, it must stand the Nation in a Sum greatly exceeding 400,000l. yearly. And had the Consumption of Tobacco been then as great as it now is, it would have amounted to a Sum that would exceed my Calculation. But now those Colonies do not only supply us with all the Tobacco and Sugar we consume, but send us above the Value of 500,000l. yearly for Re-exportation, beside Ginger, Cotton, Wool, Indigo, and many other Commodities, out of which great Numbers of Gentlemen and Planters who reside with us, are maintained; and very large Sums of Money laid out in Lands in this Kingdom, which has exceedingly raised the landed Interest. Sir Josiah Child computes, that every white Man in the Sugar Plantations employs four Persons at home to provide him and his Negroes with Wearables, Houshold-Goods, and all other Necessaries for carrying on the Work of the Plantations: And all agree that every Person employ'd in Manufacturies for Exportation, adds a considerable yearly Value to the publick Stock of this Nation. But notwithstanding all the Advantages we receive from the Plantations, I am fully of opinion that that Trade might be so improved as to be twice as good to this Kingdom as it now is. And that a little Care to put the People there into a way to send us their Commodities, and Productions, would cause them to throw away their Woollen, Linen, and other Manufacturies that interfere with this Kingdom, as Virginia has done upon the late Act for encouraging the Exportation of Tobacco. And as soon as those Favours are granted them, and they have made some progress therein, I doubt not but we shall see a new Scene opened, additional Manufacturies carrying on in Great Britain; and Gentlemen would find new Houses built upon their Estates, Towns encrease, and Lands rise about them; Corn, Cattle, and all sorts of Provisions, go off quick, and at a better Price: for where Employment is to be found, Workmen will resort, and Numbers of People will create Consumption. I know several People are very fond of shipping out Corn, and we allow a considerable Bounty to encourage it: And it is very well to have a Market when we have more Corn than we can spend. But few consider the Advantages of sending abroad our Woollen and other Manufacturies made of Materials within our selves. If we compare the National Advantages of shipping out Corn, and also of our Woollen Manufacturies, we shall find the sending out the Value of 100l. in Woollen Manufacturies to be full as good as sending out the same Value in Corn. For both Corn and Wool are our natural Product; and Manufactury is the Labour of our own People, as well as Plowing, Sowing, Reaping, and Threshing. Ploughing, Threshing, &c. can only be performed by able Men; but in woollen Manufacturies Women and Children find Employment, and are useful in carrying it on as well as Men: Every Body may be employ'd in Manufacturies, but few in Tillage. It's thought we export above twenty times the Value in Manufacturies, that we possibly can do in Corn. The foreign Markets for Corn are very uncertain and precarious; but our Exportation of Manufacturies may be render'd more steady and certain, and Encouragement may open new Markets. Our great Care and Study therefore ought to be to enlarge the Exports of our Manufactures, where there is so much room for Improvement; but more especially to our own Plantations, where it is in our power to enable them to purchase all their Clothing of us. 'Tis the Prudence of the Dutch to draw all the ingenious Artists and Manufacturers they can into their Dominions. They also take care that all Materials for Manufacturies be render'd as cheap as possible: And this Fore-sight of theirs has enabled them to do those Wonders by Trade which they have done. And the French are now vigorously persuing the same Methods. And it is the Opinion of a great many judicious Gentlemen, that if we, in like manner, endeavour'd to draw in Artists and Manufacturers into this Nation, we might very easily consume the Corn among ourselves which we now export: That one Bushel of Wheat spent at home by additional Manufacturers is of six times the advantage to the Nation as a Bushel shipped abroad; because in spending one Bushel of Wheat at home, there is five times the Value spent in Flesh, and all sorts of Provisions, Beer, &c. that is to say, the Value of one hundred thousand Pounds spent in Wheat, would create the Consumption of five hundred thousand Pound of the other Products of the Earth, beside the Addition of Clothing, House-rent, &c. But instead of a Bounty, or the Duty drawn back on wrought Iron, it pays empty space per Cent. outwards, and 20 per Cent. Custom inwards. There is a very great Duty on several sorts of Dying-Stuffs, which makes our woollen Manufactures go dear abroad; a great Excise on Soap, Candles, Leather, &c. And if those Duties are not taken off, it is greatly to be fear'd the Dutch and French will have an Advantage over us in Manufacturies, and draw away many of our Manufacturers also. As I have already mention'd the Advantage we receive by the Sugar and Tobacco-Plantations, I shall now shew the Difficulties some of the Colonies are under for want of being put into a way to make Returns, particularly New England. Their great Delight is to wear English Manufactures, but the Difficulty of coming at them is very great; hitherto they have found no Silver Mines, and have never been put into a way to provide any thing to send us, that the Country produces, but Pitch and Tar, Turpentine, and Ships of their own building. Those Articles will go but a little way towards clothing such a Number of People, and therefore they are forced to visit the Spanish Coast, where they pick up any Commodity they can traffick for, to carry Lumber and Provisions to the Sugar-Plantations, and to the Logwood-Cutters at Campeachy, and there exchange them for the Product of those Islands, &c. which they generally send to us; they are forced to catch Fish, to make Pipe and BarrelStaves, &c. which they send to Portugal, Spain, or the Straits; and lastly to build a great Number of Ships, the only Manufactury (except Turpentine, Pitch, and Tar) in that Country, that they can send us, which they often sell with their Cargoes in Portugal, and other Parts of Europe, as well as in England. By these Methods they make a shift to scrape up about 150,000l. per annum , to pay for the Goods they buy of us. 'Tis almost incredible that they should be capable of raising so great a Sum; and yet if they could find out Methods to raise more Money, their Demands for our Manufactures for their Supply would be vastly greater; for want of which they are forced to fall on the Woollen, Linen, Iron, and Leather Manufacturies, or any other wherein their Servants or Negroes can be serviceable to them. This hath given great Uneasiness to the Manufacturers and Merchants, as well as Sailors of this Kingdom, and occasion'd many to say, that they strive to carry away our Trade; that they have, great and small, near 300 Sail of Ships in NewEngland alone. But the Persons, who have received such Notions, ought to consider, that this Number consists mostly of small coasting Sloops; and that as to their larger Ships, the Merchants of Great Britain are Owners in great Part; and from these Ships, and their Cargoes, is produc'd all the Money we receive for our Manufactures. If they had more Ships, and as well employ'd, that could be sold with their Cargoes in Europe, the Demand for our Manufactures would be so much the more enlarg'd, as the Opportunity of making Returns amounts to. But if they had Encouragement, we might receive all our Naval Stores from them, which we now have from Sweden, Norway, &c. and for which we are forced to pay in Gold and Silver. For our own Plantations abound with divers sorts of Wood, viz. Gum-Wood, Mehoggony, Wild Cherry, Chestnut, Cypress, Cedar, Wallnut, Hickery, Oak, as well as the common sorts of Wood which we receive from Sweden, Norway, and Germany; which (if the Duties were taken off) might be imported cheaper than we have them from thence. They have made excellent Pot-ashes, they produce very good Flax, have rais'd very great Quantities of it, and have begun on Hemp; which grows so high on rich Grounds, that 'tis difficult to dress it at full Length. In Carolina they produce the best Rice in the World; and if that Trade was well directed, it might supply Portugal, Spain, and Italy with it, as well as the other Parts of Europe. They have extraordinary rich Copper-Mines: and if search was made, 'tis thought some of a better nature may be found. They have Iron-Stone all along the Continent, from the Southermost Parts of Carolina, to the Northermost Part of New England, in great Plenty; some of it, upon Trial, has made extraordinary good tough Iron, and very good Steel. No Part of the World abounds more with prodigious Quantities of Wood, nor has more Rivers and Streams than that Part of the Continent. There is so much Wood, that the great Charge of the Planter is to clear the Ground. And as no one Undertaking consumes so much Wood as Iron-Works, if they were erected, the Land would be cleared of the Wood, the Air purified, the Ground made fit for Hemp and Flax, and the best Timber might be preserv'd for bringing home. In charcoaling the Wood, there will be a very good Opportunity of drawing Pitch and Tar out of the Pine-Trees; and no Wood, according to the best Observation, makes better Charcoal for Iron-Works: and all this without any other Charge than providing Fewel for the IronWorks, such a Dependency have these Operations one upon another. And as there are so many Circumstances that attend the making Iron in our own Plantations, if proper Encouragement was given, it may be brought to a very great Perfection, and such Quantities made, as to exceed in value any other Product of our Plantations. Iron is a Commodity of universal Use, staple, and certain in all Parts of the known World; consequently as much to be valued as Silver or Gold; a Commodity that will be carried every where as Ballast, at little or no Charge. And whereas the Dutch do supply Portugal, the Straits, and Turkey with great Quantities, if we could be so happy as to have a full Supply from our own Plantations, either by Adventurers from hence, who would lay out their Estates in erecting Iron-Works, or in Exchange for the Woollen or other Manufactures which we export to those Places; we should not only ballast our Ships with Iron, but export great Quantities, not only all over the Straits and Turkey, but even to India and Africa; and soon become Masters of a good part of the Trade. And as we were once dependant on the Swedes for Pitch and Tar, we must remain so still to them for Iron, as we must to Norway and to them for Boards and Timber, and to Muscovy for Hemp, unless some Care is taken to relieve us from such a Dependency: For tho 'tis probable we shall soon have a sufficient Supply of Iron from Sweden, yet upon any new Rupture with any of them, our Manufacturers may be put to the same Difficulty as they have lately been under. And as the Czar has all the principal Ports from whence we receive our Supply of Hemp in his own Hands, it is more than probable that he will endeavour to play the same Game that Sweden did with their Pitch and Tar, viz. oblige us to receive it by his own Shipping, and at his own Prizes. Possibly this was what was aimed at in the Projects sometime since offer'd to England, France, and Holland, one after another; and for the same Reason might be rejected by them all. It is therefore very dangerous for us to depend on a Supply of Hemp from those that endeavour to get from us a part of our Trade and Navigation. 'Tis said the French have transported above 20,000 People to their new Settlements of Missisippi within this little time: and as they are so sensible of the Advantage of Colonies, and can by degrees compass all their Designs (witness Hispaniola, Cape Breton, and Newfoundland) I believe almost every Body will agree 'tis now time to look about us: And since they go on with such extraordinary Vigour in transporting great Numbers of People, and give so great Encouragement to those who will transport themselves thither, and have made such strong Forts all along the River Canada, and on the back of our Settlements, it will be well if they admit our Limits to come near them. We indeed claim a vast Tract of Land to the Westward of Carolina, Virginia, &c. but we find the French have brought their Settlements already close to the back of ours. The late French King having granted all the Lands bordering on the English Settlements of Carolina, &c. to the Sieur Crozat, in which the River Avabash is included, which runs close to the Apalatinan Mountains, (Hills that run above the Heads of those Rivers which have their Course thro Carolina and Virginia,) Places most convenient to build Forts for protecting the Skin-Trade, and vending our Woollen and other Commodities; 'tis thought some valuable Mines are contain'd in those Mountains. If they should seize them, or lay hold of part of them, and afterwards on the Heads of the Rivers leading into the Virginian Sea, and desire to carry their Navigation that way, it may in time create Misunderstandings. In my humble Opinion, the surest way to preserve our Claims and Properties to our Colonies, is by peopling them, as the French do theirs; and building Forts and Settlements on our Frontiers, as they do on theirs. Their Navigation is so far up, both the Rivers Canada and Missisippi, that, notwithstanding notstanding the great care taken, they will often want Supplys: and our Plantations lying all along the Sea-Coasts, with the River Canada and Missisippi on our Backs; and their Settlements being on those Rivers, and about the great Lakes, ours and theirs will be so near, that it will be impossible to prevent their supplying themselves with Woollen and other Goods from our Frontiers. There is no doubt but the Missisippi Company will give their own People all the Encouragement that can be thought on; for 'tis said a great number of Negroes will be distributed among them at the Company's Charge, and that experienced judicious Persons will be appointed to examine and consider what Productions may be raised from the several Parts of the Country, and proper Directors appointed to see that the People go on regularly in raising what every Part is most capable of producing, till the Planters shall have Skill and Experience to conduct their own Affairs, and the Tract is perfectly beaten out, and the People settled in it. If the French Settlements have all these Encouragements, and ours should be debarr'd making Iron, and not encouraged to send it home in Pig or Bar, nor admitted to send home their Boards and Timber, and the other Commodities which I have already mention'd, 'tis easy to judge by the Artificers they get from us, what Draughts they will make out of our Plantations, for there is not so much as a Hedge between us and them to prevent it. Our greatest Security, and the readiest way to enrich this Nation, is to give the Plantations Encouragement towards the producing those Commodities before-mention'd, and any other that may be of advantage to us and them. No doubt People from all Parts, who are now made uneasy, would be glad to remove to such desirable Countries as our Plantations are, much more desirable than those of the French, because the Navigation is not attended with the Difficulties of sailing some hundreds of Miles, up dangerous Gulphs, before they can come at their Port. A great many Families have transported themselves from several Parts of Germany, Poland, &c. to our Plantations; and a little Encouragement would draw great numbers thither. 'Tis certain a very great Treasure may be gain'd to this Nation by peopling our Colonies: It is therefore to be wished, that some Countenance was given to several sorts of laborious People, both in Germany and Switzerland, who are but indifferently treated in their respective Countries, to transport themselves thither. I think it will sufficiently appear, that the Encouragement of making Pitch and Tar in the Plantations has made us independant for those Commoditys; that now we have no need to bribe any Ministry, nor supplicate any Prince in the World to supply us with them Vid. Dr. Robinson's Letter before recited. for our Gold and Silver; also that our Plantations can effectually supply us with all other naval Stores; and that if they had Encouragement to provide Iron, Hemp, Flax, Boards and Timber, we should be effectually supplied with all those Commodities, not only for our own Use, but for Reexportation; and that as soon as the Planters had other Employments to turn their hands to, they would presently abate sending Pitch and Tar in so great Quantities; and what they did send would be as good as that from Sweden, as I am credibly informed some of it is which is lately arrived. And not only so, but more Commodities and Goods to greater value, may be brought home for Re-exportation than what we now re-export of the Product of our Sugar and Tobacco Plantations, and that the additional Navigation to our Plantations will be more than double what it now is. That as the great Obstruction to the Naval Store-Bill was the Fear of injuring our IronManufacturys, nothing can hinder it so much as preventing their sending us what they can raise from their natural Product and Soil. For as they have 14 or 15 Iron-works, as I have already hinted, if they can't have liberty to bring hither Bar or Cast-Iron, &c. they will want Effects to purchase Iron and other Manufactures with us, and consequently must be forced to work up their own Iron, &c. whereas if they might export hither those Commodities I have mention'd, they might barter them for manufactured-Iron, and other Manufactures. But because 'tis pretended that the Iron Manufacturies of this Kingdom might be damaged, and our Exportation of Iron to the Plantations lessen'd, by making Iron there; and that therefore the great Advantages that would come both to us and the Plantations by the Naval Store-Bill must be lost: I shall, before I conclude this Letter, propose a Method that I hope will sufficiently satisfy the Gentlemen that are really under those Apprehensions, and preserve not only that Manufactury to us, but also shew how our Navigation may be managed so as to prevent the Inconveniencies which are alledged we receive from the New-England Ships, and leave to them the same Advantages which we enjoy in our Navigation. But I would first say something of the Advantages the Colonies will receive by turning their hands from the Manufactures which interfere with ours, and employing themselves in providing the aforesaid Commodities for sending home. That which has enabled our Tobacco-Plantations to outdo the Tobacco-Planters of Europe, is the Cheapness of their Land, and the cheap Work of their Negroes. They have their Lands at a small Quit-rent, which will enable them, when once got into the way of it, to outdo Russia it self in the Cheapness of their Hemp and Flax, as it has done in Tobacco. They are now at a very great Charge to clear their Ground of Wood, which when cut down is of no manner of use to them; but a small Addition to their present Charge, would make it into Charcoal or Pot-ashes. The Russians bring their Hemp and Flax, which is shipt off at Archangel, above 500 Miles by LandCarriage, and above a thousand Miles down the Dwina, before 'tis put on board: But our Plantations lie all along the Continent, near the SeaCoast, and there are every where Rivers navigable into the Country. Geat part of the Land is very rich, and fit for Hemp and Flax; and 'tis a much easier Navigation from thence to England, than it is from Archangel. Hemp and Flax require very rich and strong Land, which must be often dunged; but in the Plantations, when it has bore 2 or 3 Crops, their Land is of so small value, they can afford to lay it down till it recover itself, and break up fresh Ground. By these Methods the Productions of the Land will soon stock them with Hemp, Flax, Boards, and Timber, which will enable them to purchase our Woollen and other Manufactures. And when this Privilege is given, many of them would be content that a Bounty was allow'd to import their Wool into England, as well as their Hides, because every thing (as they say) would help to pay for our Manufactures, which are ready prepared for them. This Method would contribute to enrich this Nation; and it will not only be a Happiness to us to have their Wool to manufacture, but it will take it out of their way. The Blanket-Makers of Whitney will be glad of the worst of it, and work it up into Blankets, and send it them again wrought up, which at this time is a very great Trade to the Plantations. We should by this means transfer the Employment we give the Danes and Swedes (which we pay dearly for in Gold and Silver) to our own People in the Plantations, and pay them for their Labour and Productions with the Labour and Manufactures of this Kingdom; and at the same time have the whole Navigation to our selves. In the third Year of the late Queen's Reign, a Bill pass'd for allowing a Bounty on Hemp imported from the Plantations, which was again renew'd in the twelfth Year of her Reign for eleven Years longer, which time draws towards a Conclusion; and as no Persons have undertaken to import any Hemp into this Kingdom all this time, 'tis not likely they should now begin, unless there be a farther time granted for allowing a Bounty. And whereas there was no notice taken of Flax in that Bill, if the same Bounty was allowed on Flax as on Hemp, it might have induced the Planters to sow both together; for they are Commodities sowed in the same sort of Ground, and order'd in the same manner: If one fails, the other may hit. They are both naval Stores, Flax being used in making Sail-Cloth. But beside, it will be of extraordinary advantage to the Nation: For the Lands in Great Britain being (as I have already observed) too dear for sowing Flax, and therefore the Quantity sowed not allowing work for above four or five Months in the Year, many thousand of People both in the North of England and Scotland are unimploy'd all the rest of the Year. 'Tis by such Misfortunes that People learn idle Habits, and with difficulty are brought to work again: But if they were kept at full Work, they would make twice the Quantity of Linens that are now made. And the extraordinary Plenty of Flax that might be produced by this Encouragement, would give opportunity to many thousands of People, now out of Employment, to fall into this Manufactury; and we need not go far for a Market, ours being the best in Europe. Where care is taken by the State to put their People into proper Methods, many fair Opportunities of enriching Kingdoms are gained. The late French King, stirred up by the powerful Opposition he met with upon his invading the Provinces of Holland, found that Treasure, and not Largeness of Territory, was what enabled the Dutch to oppose him; that their Riches arose from their Manufactures, Trade, and Navigation: and therefore he determined to follow their Example. The first Undertaking was to tempt skilful Master-Workmen and Manufacturers from other Countries. The Golden Bait was laid before Vanroby, a Dutchman, who took it; and in consideration of a large Sum advanc'd him, and Liberty of Conscience to him and all his Descendants, and a Minister of his own Persuasion allowed to preach to them, he removed to Abbeville, with a Train of Workmen. And 'tis remarkable that this was done about the same time that the French King persecuted his own Subjects for their Religion. By this means the Woollen Manufactury was established there, and spread it self into several other Parts of France; and divers other valuable Improvements were made in Trade, not only in providing Materials for Manufacturies on the very best Terms, and enlarging their Navigation, but in peopling their Colonies abroad. The Spirit of Trade that then began among them, has continued ever since, and seems now to rise higher than ever. Their stealing away some of our Weavers to settle at Tankerville so lately, and several other Attempts which they have succeeded in, shows how necessary it is to be upon our guard, and, if possible, to keep our Workmen to our selves; for if the French Emissaries can come at them, there will be no Encouragements wanting to tempt 'em away. And the Emperor is now trying to establish Woollen Manufacturies in his hereditary Dominions: and the Methods taken to restrain and obstruct the Consumption of our Woollen Manufactures in those Countries, amount to a Prohibition upon several sorts of them; tho, at the same time, our greatest Supply of Linen is from his Provinces of Silesia, Bohemia, and Moravia, which amount to a vast Sum yearly. If part of that Money could be saved, by finding Employment for more of our Poor in the Linen Manufactury, I hope it would be very pleasing to every Body: and I am humbly of opinion, that allowing a Bounty on Hemp and Flax from the Plantations would effect it. Indeed all the Naval Stores proposed in that Bill are Commodities which we are forced to have from abroad, for which we pay mostly ready Mony. I know several People have a very mean Opinion of the Linen Manufactury; but that must proceed from want of knowing it better. The Manufactury of Linen may be altogether as profitable as that of Wool. Some Persons both in Somersetshire and Dorsetshire, that threw off the Woollen Manufactury at the Revolution, and went upon making Linens, have found the Advantages thereof. As we cannot have Flax and Hemp grow but on our best Lands, and many Landlords not allowing their Tenants the Liberty of sowing either Flax or Hemp, because it impoverishes the Land; for this reason there is but a poor Progress made at home in that Manufactury, to what it is capable of. The Flax is inconsiderable in value to what it is when made into Cloth: A Pound manufactured may be worth a whole hundred Weight of Flax. And a Bounty given the People in the Plantations, is but a mere Trifle towards their Labour; the Extent and Cheapness of their Lands, and cheap Labour of their Slaves, will enable them in a little time to afford it us much cheaper than we can raise it our selves, or import it from Russia or any other foreign Market. The Pitch and Tar already mention'd is a full Proof thereof; and the People in the Plantations want nothing but a little Direction and Encouragement to put them to work. It is a hard Matter to turn People from the Employment, to which they have been accustom'd, to a new one; and as Necessity put the Inhabitants of the Plantations on Manufacturies for their Clothing, &c. if this new Employment be provided for them, some Care ought to be taken to turn their Industry to enter upon it: and therefore some gentle Restraints may be laid on those Manufacturies which too much interfere with ours. And as the great danger we are to fear is from the cheap Labour of their Negroes, they ought to be entirely excluded from being imploy'd in any Manufacturies. For no body will think it reasonable, when a Nation has spared her People to settle a Colony, that their Arts, Mysteries, and Skill in Manufacturies, should be transmitted to the Slaves of those Planters. Therefore as they are only intended for Planting and doing the Drudgery of the Plantations, they ought not to work at any sort of Iron-Manufactury, further than making into Pigs; nor be admitted to weave, or comb, or spin any Wool, nor to spin or weave any Flax for Linen-Cloth; nor to work up, or be admitted to manufacture Hats, Stockings, or Leather. And if after a certain time allowed for notice, any Negroe or Slave is found working at any of the aforesaid Manufacturies, 'tis proposed that his Master or Owner shall forfeit his Right and Title to him or them, and the said Negro or Negroes shall be transported out of all the Plantations on the Continent to some of the Sugar Islands, or to the Spanish Plantations, there to be sold, for the Benefit of the King, and for the Benefit of the Informer. And there is reason to believe the Planters will be content to have their Negroes excluded from working at any of the aforesaid Manufacturies, provided they may imploy them in raising Flax and Hemp, making Iron, Boards, &c. and be sufficiently encouraged to send them hither; and that they will consent to any further Regulation that may be thought necessary to prevent their interfering with the Manufacturies of Great Britain. It is therefore proposed, That every Master-Weaver, Smith, or Comber, in the Plantations, shall be obliged to appear before the Governour of each Province, there to register his Name and Place of Abode, and take a Licence, and pay for the Liberty of exercising his Trade, and to leave a faithful Account of the Number and Names of the Journeymen he employs: And every such Journeyman shall be obliged to appear before the Governour, and register his Name, and take out a Licence for working with such a Master, and shall pay for a Licence; which Licence shall continue for one Year, and no longer; but if he changes his Master, he shall be obliged to change the Register of his Place of Abode to that of the Person he is going to reside with. The Governour of each Province shall be oblig'd to transmit a faithful Account of the Number of Master-Smiths, Master-Weavers, Master-Combers, Number of Looms, and Number of Journeymen employed in each Manufactury: which Account shall be every Year transmitted to the Lords of Trade and Plantations, with an exact Account of all New-comers and of their last Place of Abode. By this means the Lords of Trade will always have an Opportunity of seeing the Increase or Diminution of the Manufacturies of the Colonies, which may be encouraged or depressed, according to their Wants, or the Danger of their too much interfering with us. This Method will be far from destroying the Iron-Works, or ruining the Proprietors of them, or from preventing the Husbandmen from getting their Plow-shares, Carts, or other Utensils, mended; or from destroying the Manufactury of Ship-Building, by depriving them of the Liberty of making Bolts, or Spikes, proper for carrying on that Work. And yet 'tis hoped it will more effectually prevent the Increase of Manufacturies in the Colonies, than the severest Clause could do, by preferring to them Employments of so much greater value. 'Tis undoubtedly a great Detriment to the Trade of this Nation, to suffer Ships to sail from the Plantations to the Straits, &c. and return again, without being obliged first to come home, and to clear out from hence for the Plantations. For, notwithstanding the Laws against taking in any of the Manufactures or Merchandize of those Countries, Sailors and Super-Cargoes will break thro them; and when they receive Money, will invest part of it in some Commodity or other, to carry back with them; and they never want Opportunities of buying Italian Silks, French Silks, Stuffs and Druggets, Indian Silks and Callicoes, French, Dutch, and Hamburgh Linens: by which means the Money that should be brought to us, is laid out in foreign Countries. This irregular Navigation draws away more of our Sailors to settle in the Plantations, than any one Imployment that can be named. For abundance of West-Country Vessels that go to New-England to purchase Fish, make several Voyages without ever touching in Great Britain, it being entirely out of the way. This Practice calls over the Wife to visit the Husband at New-England; and when they are together, they soon become Inhabitants, and so we lose our People and Trade too. Therefore to regulate this Trade, and render it equally advantageous both to Great Britain and the Plantations, it is proposed that all Ships belonging to the Plantations, who take in a Loading of Fish or Lumber for the Straits, shall be obliged, before they return to the Plantations, to come to Great Britain, and bring the Produce of their Cargoes with them, and then clear out for the Plantations. This Method will put both our and their Navigation upon an equal and just Foundation; and must satisfy those Gentlemen who were uneasy to see so many of our Seamen carried away into the Service of the Colonies. I know it will be objected, that so many Ships being obliged to return to England from the Straits, many of them must come home empty, and consequently be a dead Loss to the Owners. But if this Regulation is made in our Navigation, those Ships that discharge in Portugal, Spain, &c. must come to Great Britain before they return to America; and may afford to take in a Loading at a smaller Freight than either the Dutch or Hamburghers can send their Ships thither, and return; and consequently will become the common Carriers for them both: for the Dutch Merchants, &c. study all frugal ways to render their Goods as cheap at Market as possible. The Navigation now carried on between the Plantations, Spain, Portugal, and the Straits, without coming for England, is for Fish, Timber, Boards, Pipe-Staves, and other Lumber; and because of the Quickness of the Voyage, great Quantities are sold in those Countries, for which large Sums are remitted, and laid out to purchase Manufactures in England. But very few Plantation Certificate-Goods are sold there, because bulky Commodities will not bear the Charges of importing into Great Britain, of passing Debentures, and Re-shipping, and Freight, to the Straits, which cannot be less than 5 or 6s. per Hundred; which is in a manner a Prohibition upon Sugar, Tobacco, Rice, and all other bulky Commodities, the one half of which would be a great Profit to the Merchant. Some Years since the Rice of Carolina was carried directly to Portugal, &c. and great Quantities were sold there; and so well approved, that it beat out the Rice of Verona and Egypt wherever it came; and large Remittances were made from thence to England for the Produce thereof. But as soon as this Liberty was restrain'd, our Markets to Portugal, &c. were lost, and the Planters fell under such Discouragements, that they have not proceeded with the same Vigour in raising Rice ever since; which is a very great Loss to the Manufacturers of this Kingdom: for all the Money which our Planters can raise, is sent here to buy them Clothing and Necessaries; so that England loses the selling of just so much in Manufactures and Merchandize as is abated in the Quantity of Rice that might be exported to Portugal, &c. For our People in the Colonies think it their happiness to be clothed with our Manufactures, and while there, to scrape up something to send home, that if possible they may return to Old England, their original Soil, and here, in Plenty and Ease, spend the Remains of Life. Suppose we now send to Spain, Portugal, &c. from all the Plantations, to the value of 100,000l. yearly in Fish, Lumber, &c. and this Money is remitted to England, and laid out in our Woollen and other Manufactures, it is all Profit to us; but if the Merchant be debar'd this short Navigation, and be obliged to land them in England, and reship them, we should not send one twentieth part to the Straits, &c. that we now do; which Loss would fall on the Manufactures, Product and Merchandize of England. If those who sit at the Helm would be pleased to consider what Productions of the Plantation will bear bringing home, and reshipping to Spain, &c. and what will not, they might, by their Prudence and Foresight, direct every Branch of the Plantation-Trade to be improved to a very great degree: And if Port-Mahon was made a free Port, bulky Commodities might be lodged there, when Markets did not answer, till there was a Demand for them, which would soon draw a considerable Trade thither; and would also be attended with so many Accommodations in favour of the Trade of Great Britain, that it deserves a proper time to explain, and set forth the Advantages thereof. Portugal, Spain, the Straits, and the Levant, consume a large part of the Commodities brought from America, and might be great Customers for the Products of the English Plantations, could they be carried directly to them upon an easy Freight; therefore all Goods that are not capable of Manufactury, and cannot bear the Charge of bringing home and reshipping, might go directly to the Straits: which would greatly inlarge the Sales of our Plantation-Commodities, and draw hither the Silver and Gold of the Indies, without digging for it. I have carried this Letter to a much greater length than I at first intended, tho I have only touched on several things as necessary Hints to lead to further Inquiries: I have also omitted some things in which there is room for further Information. What I have writ has been at spare Minutes in the Intervals of Business: But I hope to find leisure to enlarge on some Particulars I have now touch'd upon, and also to treat further upon some Points in Trade, and the natural Advantages belonging to Great Britain, that may be greatly improv'd for the Benefit of the Publick. ornament "
"A LETTER TO A Member of Parliament."
"A letter to a member of parliament, concerning the naval store-bill, brought in last session [...]"
"IT is not possible that the Island of Barbadoes in particular, without making less Sugar, can ever make more Rum than they have lately made; nor can it be imagined, that they will make more Sugar there in a Year, than hath been made there in Time past; yet all the Sugar, Rum, and whatever has been produced there, has been taken off their Hands, at a Price too always above what these Goods might have been purchased for from the French. Now supposing our other Islands to have produced all the Commodities which they possibly could, and that all those Commodities have been constantly taken off their Hands by England, and our Northern Plantations, and have not been enough for them; but they have been under the Necessity of taking vast Quantities of Molosses from the foreign Islands; which some of those Northern People daily distil into Rum, and are likewise glad to take some Rum from these Foreigners to supply their Indian Trades, their own People, and, what is still more absolutely necessary, their Fisheries, which above all Trades whatever deserve the highest Encouragement. Supposing this to be the Case (which it really is) then it is obvious that our Northern Plantations ought not to be restrained from trading to the foreign Islands. In many Trades it is not easy to distinguish the profitable from the disadvantageous. This of the Fishery is an inexhaustible Mine. Hence arises more visible Advantage than by any Trade which we drive; yet a very little Deviation from the Ways we are now settled in might ruin the whole Trade. I will take upon me to say, that if our Northern Colonies should be prohibited from trading to the foreign Islands, that in two Years Time the French in their own Vessels would supply all the Fishermen that were left (if any should be left) with Rum and Molosses from Cape Breton; and the Charge to prevent this (if it were possible) could not be sustained by the Trade. But to reduce this Argument to Order. Barbadoes, all the Leeward Islands, and Jamaica, produce all the Sugar, Rum and Molosses which they can produce; and these are all taken off their Hands by our own People, and our own Shipping: And though they do not produce sufficient for all our Demands, they desire that we will oblige ourselves to take none from any others, though those would sell us cheaper: And this they say is for our Interest, which I am so blind as not to see; but should really think, that if after our own Sugars, &c. were brought home, and we had not quite enough, and knew where to get them, especially when they were to be got cheaper, which I certainly do, that it would be better to send for them, than wait a great while, and at last be obliged to buy them out of Hucksters Hands. Nay I protest, so far am I from seeing, as these Gentlemen would have me, that I think if we did not want an Ounce of any of those Commodities, and could be employed to bring all the Sugar from Brazil, and all the Rum, Sugar, and Molosses from the West-India Islands, that we might make as good a Hand of it as any trading People whatever, perhaps have full as much Profit upon the Whole, as the Owners. Now admit these Islands could but just supply our own Necessities, we should not have one Ounce for Exportation; whereas now we have just so much more as we bring home from all other Places. Let us not be so weak as, at the Loss of the Employment of so many of our own Shipping, and possibly the very Destruction of our American Fishery and Indian Trade, and consequently the Impoverishment of our Northern Colonies, to enrich those Islanders, who yet are the most opulent, most splendid, and gay People in all his Majesty's Dominions. But if these Islands are really under any Hardships, which I think won't be denied, when I fairly state the Case, and shew some Advantages that the French have over our Sugar Colonies, I persuade my self it will be thought the Interest of this Kingdom to take away all unreasonable and unnecessary Restraints upon that Trade. The French by two several Edicts, one Jan. 27, 1726, and another in August 1727. took off a Restraint, which till that Time they had continued upon their own Sugar Colonies, viz. that of obliging all their Ships to come to France first, with the Production of those Colonies; and by those Edicts, gave full Liberty to their Merchants to send directly to Spain all Sugars, and other Merchandize, the Produce of their Islands in America, (Muscovado or raw Sugars only excepted). By this the French, who I am confident, cannot navigate so cheap as we, have an Advantage of getting their Produce to Market cheaper; and consequently, supposing our Plantations and theirs upon a Par in all other Respects, can get, when our own would lose. Wherefore, tho' I cannot think it proper or convenient at this Time to restrain or prohibit our Northern Colonies, or indeed any other Trade that we have with the French in the West-Indies for Sugar, Rum, Molosses, or any other Productions of their Islands: Yet I am of Opinion that our own People ought to be put upon a Par, at least with those of any other Nation, especially where it will not be attended with any ill Consequence to this Kingdom: And therefore to put our own Colonies upon an equal Foot with the French, I think that they ought to be permitted to carry their clay'd Sugar directly to any Part of Europe to the Southward of Cape Finisterre, obliging the Shipping to the same Rules and Restrictions that those are under, which carry Fish and Rice from our Northern Colonies there. With me there is no Doubt of such Regulation being an Advantage to this Kingdom as we are now circumstanced. Suppose for Instance, that John English is at Barbadoes possess'd of 2000 Hogsheads of Sugar, and that he is well inform'd that all the Markets in Europe to the Northward of Cape Finisterre are fully supplied with Sugars, he really wants to turn that Sugar into Money, and wants that Money in England; but, as I said before, England being supplied, and he wanting Money only there, and hearing also that his Sugars would sell in Spain or Italy, he carries them there directly and sells for Money, which he remits to England, in this Case England becomes possess'd of the whole Money these Goods sold for at the best Market, only one Freight deducted, that is, the Freight from Barbadoes to the Place of Sale directly, which to Spain, or even to Italy, will not exceed the usual Freight to England. Now if he is oblig'd to go to England first, though he knows that Kingdom cannot take them off his Hands, and that he must carry them to Spain or Italy afterward, will he not have a great deal of Reason to complain, and may he not say, and reasonably too, "Why do you put me to this unnecessary Expence of double Freight and double Charge? Every Penny which I lose is lost to the Kingdom, or would be saved to the Kingdom by the contrary Practice. For suppose, for Example, on this Account, here are 200 Men of your Kingdom employ'd in this Service, for which your Kingdom is to receive a certain Price or Reward, is not the quickest and cheapest Way of doing it the best for you, as well as me? You have Business enough to employ those Men in afterward, or if not, they may be profitably employed by others, and by that Means acquire just as much more as I should save. Will not my Sugars sell for as much more, when carried from our own Islands directly, as if they had been brought to England and landed there, and then shipped off for such Place? Yes surely, and with less Waste to me, as well as Charge, the whole Produce of my Sugars will as certainly center in England in one Case as the other." I will defy any one to prove the contrary of this, yet do we still continue to restrain our own People from enlarging and extending our own Trade, while other Nations are using all the Means they apprehend to be in their Power to extend and enlarge theirs. Hence I apprehend the Reasonableness of tolerating our Shipping to carry clayed Sugars to any part of Europe within the Limits aforesaid; and whereas there remained as a Duty to the Crown about 8d 1/2 on every 112l. exported hence, I would propose, instead thereof, to pay to his Majesty's Receiver of enumerated Duties in all our Colonies, 12 Pence per Hundred upon all Sugars shipp'd thence, for any Part of Europe to the Southward of Cape Finisterre. This is what I really apprehend will be for the Good of this Kingdom; we shall in all Respects be Carriers of the same Quantities we now are, and there will be gained or saved to this Kingdom just so much as the Freight from England to Spain, or Italy, at least. This I conceive will put our Sugar Colonies upon a Par with the French; and I should really be very glad if I knew of any other Way of serving our Islands without Detriment to the Publick. Should we lay on any Duties upon the French Commodities imported to our Northern Colonies, they ought to be very small, lest we should lose what is so very beneficial, I mean the employing of at least 15000 Tons of Shipping, and not less than 2000 Men, beside the Advantage of supplying our Fisheries and Indian Trades cheap, thereby also enabling the Northern Colonies to make such considerable Remittances here in Money, as well as in Indigo, Cocoa, Sugar and Rum. For, as they trade for all these Commodities with the French as well as English, whatever remains over and above their own Use, is saved and sent home, more especially such Part or Commodity as was produced on any of our own Islands, which is equal to so much real Treasure brought into this Kingdom, either to supply our own Wants, or to sell to our Neighbours; for all which, beside the real Freight and Commissions staying with us for ever, we send them in Return woollen Manufactures principally, by which Means we are greater Gainers than we should be by those who took from us principally the Manufactures of India, Holland, Flanders, or Germany; and all that is gained this Way, is by our own Labour chiefly. The Lumber which our Northern Colonies supply the French with costs nothing but Labour, and their Horses would be of of of no Value, but for that Trade; and what is worst of all, if we did not supply them that Way, they could serve themselves, by which they would increase their Trade and Navigation exactly in Proportion to our Loss. With Lumber they might be supplied from their Settlements of Mobile, Pansecola, and Fort Louis, in the Bay of Apalachy. I will suppose a Sloop loaden with Lumber there, (and she may be as easily loaden there as in any Part of the Universe) and will leave it to any Man acquainted with Navigation and Freighting of Sloops, whether in Time of Peace particularly, if he were offered twenty Shillings in a Ton more Freight from thence to Martinico than from Carolina, Virginia, Philadelphia, New-York, Rhode-Island, Boston, or any other Place on the English Continent of America, he would not accept of it from the Bay of Apalachy. I declare I would; and I am persuaded I could make more Voyages in a Year between Mobile and Martinico, than I could between Boston and Martinico, as I should be pretty sure of a fair Wind always from Martinico down to the Bay; the Time of gaining a Passage thence through the Gulph, would not be longer than the Advantage I had by the Shortness of the Passage down: And considering that in this last Case you are more out of the Way of NorthWest Winds, and never in the Way of them, but when they would be fair for you, really I can make but little Difference in the Choice of the Voyages; but admitting it were twenty Shillings per Ton, what a prodigious Sum should we lose, and the French be so little, if any worse, supplied? Then as to Horses and Mules, they may be supplied with them full as cheap from the Spanish Coast. I allow that they must give perhaps thirty Pieces of Eight for each Mule upon the Coast in the Way of Trade; or if they purchase at Curasoa, as they generally have done, they pay so much Cash; I will suppose in this Case, after Freight and all other Charges, that a Mule in Martinico cannot be sold for less than 400 Livres (i.e.) 25 Pistoles there. In this Case Martinico is as well supplied as if they could have New England Horses, or any other, at half that Price; and it will be allowed me by all who know this Trade, that I have not advanced any Thing about the Mule Trade which hath not been practised. Horses are of such small Value on the Coast of Coro, that as fine Horses as I ever beheld are sold for two or three Pieces of Eight each in Trade. These we cannot carry to Martinico, because the Charge would be the same, or more, than on a Mule, and they would not sell for above half a Mule's Price. I have been told by both French and Spaniards, that a Mule will continue fit for Service 45 or 50 Years, and that they are not so liable to Diseases in any Degree as Horses, though they use them more cruelly, and take no manner of Care of them. I have shewn where they may have their Lumber, and where they may again be supplied with Cattle more to their Profit than they now are. I will just mention an Advantage which the Government at present enjoys by the Importation of Rum, which I apprehend would be quite lost, should our Northern Plantations be restrained from trading to the Foreign Islands. All the Rum which our own Islands produce, is not sufficient to supply the Northern Colonies, if there be Truth in some Reports, and I am inclinable to believe them, viz. That Vide p. 19. of a Book, entituled, The Present State of the Sugar Colonies considered. there hath been 20000 Hogsheads of French Molosses manufactured into Rum in New England in one Year, beside French Rum imported; the Consumption on that Commodity must be prodigious there, for I am well assured that a Gallon of Molosses will make a Gallon of Rum; consequently there was, at only 63 Gallons per Hogshead of Molosses, (though they are generally from 80 to 100 Gallons) 1,260,000 Gallons of Rum made in Boston in one Year, which I believe is more than ever was imported in one or two Years into England. This will plainly prove, that if Boston must and doth expend annually such a Quantity, or but half of it, by prohibiting the Trade between the Northern Colonies and the French Islands, not one Drop of Rum could be brought home here, and consequently the Revenue would suffer just the Sum now received on that Head, until the French had settled into a Trade of sending their Rum to Europe, which there is no Reason to doubt but they would, as well as send Sugars to Holland and Hambourgh. Then I expect we should have French Rum imported here (as we now have their Brandy) to the Loss of all the Advantage we now receive by that Commodity. Some Gentlemen, I am told, say, that the French would throw away all their Molosses, if the New-England Men did not take it off their Hands; whence they can have Reason for this, I cannot imagine. Fifty, nay forty Years ago, I have heard that the Molosses were all wasted in Jamaica. They produced fine Sugars may Years before they made any Rum, and were taught at last by the Barbadians to make Rum, even better than their own. The Northern Colonies used to take all that they produced at first, but when they excelled in the Goodness of that Commodity, and found that it would answer to send it to England, they raised their Price so high, that very small Quantities are taken from thence by the Northern Colonies, yet they want not a Vent for all that they can produce; and I am well assured, that if Jamaica were now to be hindered or restrained from importing Rum or Molosses into Great Britain, or any other of his Majesty's Dominions, that they would notwithstanding such Restraint, have Vent for their Rum; and that there would not be one Drop less made, nor one Gallon of Molosses wasted, more than now is. The Dutch would be glad to carry it to Holland, if it were but a very little cheaper than it generally is in Jamaica. It is not an unusual Thing for the homeward-bound Ships in Curasoa to take in Proportion to the Price of Rum from three or four; to twenty Puncheons of Kill Devil, as they call it. I have known vast Quantities of Rum there at a time, as well as Sugars, from the English, French, and Dutch Islands, and the Island of St. Thomas. There are many Ships of vast Burden there frequently, and they are glad of Sugars, or indeed whatever will answer in Holland, to fill up; and if we were weak enough to suppose that the French would waste their Molosses now they have learnt (tho' God knows they knew before we did) how to extract a Spirit from Molosses, we should be as much deceived as those Gentlemen are, who think they could not be supplied with Cattle or Lumber but from our Plantations. During Queen Anne's War they made Rum in Martinico, for I have tasted it on Board of more than one Martinico Prize during that War, and they then found Cask for their Sugar, Rum and Indico, &c. In the Year 1713, or early in 1714, when I believe that Island had never received any of our Northern Lumber, but such as they had taken as Prize during the preceding War; then was I told by several Gentlemen of that Island, that notwithstanding that long War, they had increased their Plantations, Numbers and Produce to such a Degree, that they then employed three Times the Quantity of Shipping that they could before that War. At Fort St. Pierre, and Fort-Royal, there was then above sixty Sail of Ships, some of them of forty Guns, and all Merchantmen; even then there was a good deal of Wood upon the Island; and I have seen many Hundreds, I believe many Thousand of Tierces, made of the Wood which grew on the Island. I have seen the Coopers making them, and if that Island is now cleared, surely they would make free enough with Dominico, St. Lucia, and St. Vincent; as they hitherto have done for Mill-Wood, and their principal Timber, &c. Whereas if we were to exert our selves, as I believe we have a Right to do, and hinder them, have not I shewn where they could have enough? But the Danger of their encreasing upon our Backs in America ought to be of some Moment in our Considerations on this Affair, as well as the Increase of their Shipping and Navigation, which, in Case of any Rupture between the Crowns, would make them more formidable by Sea, where only we have any Reason to value them. In the last mentioned Year a Person of my Acquaintance bought several Hogsheads of Rum in Martinico, as well as Sugar, and carried them to Curasoa. The Rum he bought for six Sol's, which was not 4d. Sterling per Gallon; for a Pistole then, and I think now is, 16 Livres: However so it was, and continued from 1713, to 1716, to my Knowledge, Then too were great Quantities of Money sent from Barbadoes to Martinico, and much greater Quantities brought back from Martinico for it: For as Money went by Tale among the French, and by Weight with the English, all the light Money was carried from the English, and the heavy brought from the French. I have received a good Pistole or Lewis d'Or there in Exchange for 32 Ryals, which I am sure did not weigh two Ounces; so that I am not so much surprized to hear, that that Island wants Money, and insists on Part Money, when they sell their Sugars, as I was then at their Weakness; and indeed if I had ever expected any Complaint against that Trade, I should have thought that our own People should have been the last to have made it. The Trade we carry on there is against their Laws: The Governor there, it is true, hath a Power to admit of Necessaries being imported, at the Request of the Inhabitants; but if he were not constantly bribed by our People, he might see more clearly, and act more for the Good of his Countrey. Monsieur Du Quesne, who succeeded General Phelipeaux in the Government of that Place, knew the Interest of his own Countrey very well; yet he was better satisfied that Englishmen should bring Mules to that Island, for every one of which he received 100 Livres, than if their own People had done it, where he could have got nothing at all. Are there any of our People trade there without bribing the Governor? No, not one: Yet after all these Bribes paid and included, I can purchase forty Thousand Pounds of Sugar there for less Money, or less Goods, than I can in Barbadoes, or any of our own Islands; and, if permitted, could bring them to England, and afford them 20 per Cent. cheaper: But as I cannot do that in England, being restrained by Law, I carry those Goods to Holland, or Hambourgh, or Spain, or Portugal or North America, and there can actually gain 20 per Cent. more than I could have done, had I purchased them in Barbadoes. Why, say some People, "This is what we have been proving, and would have you believe this is a real Detriment to England. Had not the Englishmen better sit still, than carry Frenchmens Goods, though they get 20 per Cent. more by them than they can by their own, and leave the French to carry their own Goods themselves? They are able enough, we warrant you, and will soon be used to it. We, with the Assistance of the other Islands, can supply Great Britain, and the Plantations with all they want; though lately indeed we have proved, that the Northern Colonies have taken above half their Rum and Molosses from the French and Dutch, and all that we made besides, except what Rum we sent to England. Now notwithstanding we have really made as much Rum, Sugar, and Molosses upon the Island of Barbadoes, as is possible we ever can do again, because there's not a Foot of Ground unimproved in the whole Island. And though all the other of our Islands have produced as much Rum and Molosses as they were able to do, not wasting a Drop of either, and the Northern People took off all that too, and as much more of the French and Dutch, yet we can supply them ourselves; tho' we prove we all cannot, or have not, produced so much by one half as they have taken, and will want." Another Thing hath been advanced which shews equal Strength, namely, that it is a Damage to this Kingdom to purchase Sugar at Martinico, especially with Money. I will suppose that an English Ship hath delivered a Cargoe in Barbadoes, for which her Merchant hath received 4000 Pounds; Sugars are so dear at Barbadoes, he will rather bring the Money home to England, than lay it out in a Commodity, when he apprehends that he shall lose by it; therefore so much Cash which, I will suppose, comes safe home, adds to the Kingdom 4000 Pounds. Another Ship and Man I will suppose under the same Circumstances at Barbadoes; but being informed that Sugars are cheap at Martinico, with his 4000 Pounds goes thither and purchases Sugars; which as he cannot come to England with directly, he carries to Holland, where Sugars are never much dearer, or much cheaper than in England. I will ony suppose in this Case, that he bought his Sugars 10 per Cent. cheaper than he could have done at Barbadoes, which will be sufficient to pay Freight: When in Holland he finds, after deducting 10 per Cent. which will pay his Wages, and Wear and Tear for his whole Voyage, he has just 4000 Pounds left, which he brings to London. Pray, who maintained this Ship the whole Voyage? Certainly the Dutch. And who the other, but the English? When I see and hear Propositions which are self evident, controverted and denied, and Impossibilities advanced for Truths. When a Gentleman tells Mr. Britain there are two Places between the Tropics equally distant from your Kingdom, one is inhabited by Mr. French, and the other by Mr. English; they produce the same Commodities, and equal in Goodness. I know you have taken off all Mr. English's Produce for many Years, and when you have had more than for your own Use, you supplied Mr. Holland, who, I have heard you say, paid you very honourably; and that you gained very well by him, he having paid the whole Charges you were at in bringing home, and carrying to him such Produce, which maintained a very great Number of your People very handsomly. Mr. French hath offered to sell you his Produce 30 per Cent. cheaper than Mr. English does, and you may send it to Mr. Holland more directly than you used to do, nay for a great deal less Charge and Expence; and tho' I know he would give you just as much for one as the other, you had better take Mr. English's: Tho' I allow, Mr. Britain, you might get 40 per Cent. more in one Case than the other; yet it is your Interest to trade with Mr. English only, tho' you might get more by 40 per Cent. by Mr. French, and take off all Mr. English's Goods beside. This, I say, hath been maintained, and it remains a Doubt with some, as they say, whether Mr. Britain ought not to do as he is advised; tho' at the same Time too he is well assured that Mr. French designs to undertake that Business himself, and will, in that Case, be always able to undersell him, with Mr. Holland. Yes, there are People who say that Mr. Britain should not take any of those Advantages offered by Mr. French, tho' the Thing is demonstrable, that if he doth not, he will, in a little Time, lose all his Business with Mr. Holland, and be in Danger of wanting such Goods for his own Use and Consumption. What would any one think of Mr. Britain, if by such fine Argument he was persuaded to take their Advice? Why, that he was a Fool, or a Dotard. Yet this is all that they have to say. I have so plainly shewn how the French have been supplied with Lumber and Cattle, that I persuade myself, that no Person acquainted in the least with that Part of the Globe, and the Trade thereof, will say, that any Thing which I have advanced, with Regard to their being supplied, for the future, from the Places, and in the Manner I have mentioned, either impracticable, or so much as improbable. I have set forth the Danger of our putting them under the Necessity of improving their Settlements in the Bay of Apalachy and Mississipi; how dangerous the Encrease of their Shipping and Navigation will be to us; the real Damage it will be to us, to lose the Employment of all the Shipping which we now employ in that Trade; or, what might be as properly said, lose the Employment of Twelve or Fifteen Thousand Tons of our Shipping, which the French now pay us for. Is there any one will say that they do not? That would be as absurd as to deny, that Spain doth employ an English Ship, in the following Case: Sen. Don Diego Cadiz acquaints Mr. John London, that he wants Long-Ells, Broad-Cloth, Druggets, Callimancoes, Bays, Fish, Tin, Lead, Wheat, &c. to the Quantity of 500 Tons; and lets him know what Commodities he proposes to pay him with, namely, Wine, Oyl, Cochineal, Wool, and Pistoles, &c. We are to suppose, Mr. London knows the Price current of all these Commodities, in Spain as well as in England; and seeing there's a great Probability of Advantage and Gain to be made, he sends a Ship of proper Burthen, for which, as it is his own Ship, he charges 30 Shillings per Ton Out, and as much Home. When the Spanish Cargoe arrives here, and is disposed of, he finds, after Freight, Commissions, and all other Charges are paid and allowed, he hath neither gained or lost by the Neat Proceeds of this Voyage: But the Freight, tho' it may not be called all clear Profit (yet, supposing and allowing the Maintenance of all the Men which mann'd the Ship, and the Wear and Tear of the Ship included, in the constant Expence of our Nation) I say, that whole Freight would be clear Gains to he Kingdom, viz. Fifteen Hundred Pounds, which undoubtedly we received from Spain. Hence Spain may be properly said to have employ'd an English Ship: Whereas, if just the contrary had happened, that Spain had been the Carrier and Adventurer, had not we paid them the Fifteen Hundred Pounds. I will now suppose, that the Gentlemen of our Sugar-Colonies were indulged, and that a Restraint was laid upon all our Shipping trading to the French Colonies, on any Pretence whatever. If the French could produce as much Sugar as they used to do, and send it all to Europe, which, I think, no Body will doubt would be the Case; and that they would send just as much more than they used to do, as our Northern Colonies took from them, and consequently encrease their Shipping on that Score too; they would, in that Case, influence the Markets, or Price of Sugars in England, just as they have hitherto done: For I will defy any Regulation in England, or our Plantations, to persuade Hambourgh, Amsterdam, or Cadiz, to give us more Money for our Sugars, than they will give the French for theirs, while equal in Goodness. Hence, while our Sugar-Colonies produced any Quantity of Sugars more than these Kingdoms and our own Plantations in America consumed, the Prices of Sugar in Europe would not be affected thereby, and consequently not in these Kingdoms, because there is so near a Proportion in the Prices of all Commodities between us and our trading Neighbours: And so far, I confess, I am not able to perceive any Advantages these Gentlemen propose, either to themselves, or to this Kingdom. As far be it from me to suppose they imagine, that as the Consumption of that Commodity is so much encreased in these three Kingdoms, and the Northern Colonies in America, that, communibus annis , we might take off, or be in Want of all that they produced, for our own Use. In that Case, they would have it in their Power to make us pay them their own Price, or be under the Necessity of buying from the French in Europe; for when we have no other Market to go to, may they not serve us just as a famous trading People are reported to serve the World? That is, they let them have just as much Spice as they perceive they consume in Proportion to the Demand of the Consumers: If they have great Quantities remaining, they will rather burn and destroy them, than sell under what they themselves call a good Price. I say, I would not so much as suggest that any Gentlemen could have any such Design; but I would reckon and esteem those People extreamly weak and imprudent, who put it in the Power of any Body, or Colonies of People, to serve them so; and more especially when they, the Parties, seem'd so sollicitous about it themselves. The Northern Colonies would be under the Necessity of paying them whatever they demanded for their Sugar, or be obliged to send to Europe for all that they wanted: And tho' those very Colonies took from our own Sugar Islands all the Rum and Molosses they produced, and tho' one Town in one of those Colonies took at least Ten Thousand Tons of Rum and Molosses, the Produce of one French Island, namely, Martinico, together with the vast Quantities of the same Commodities that were the Produce of Surinam, Guienne, Guadalupe, Granado, Cape François, &c. that were imported there, and to all the other Colonies, all of which was but equal to their Consumption and Demand; yet these People in the Northern Colonies, in this Case would, according to the Opinion of those Gentlemen, be deprived of above one Half of those Commodities, which, by such long Use, are become absolutely necessary for them, in carrying on their Indian Trade and Fisheries, two of the most valuable and profitable Trades to this Kingdom, beside what is used in those Plantations where they produce Rice, Pitch and Tar, Tobacco, Wheat, &c. in all which, it is the Interest of this Kingdom that they be produced so cheap, that we may supply other Nations with those Commodities, whereby this Kingdom will reap the whole Profit and Advantage. Now, as the Gentlemen of the Islands would have these People in the Northern Colonies entirely dependent on them, and as they are sure they can have none of these Things from any other Quarter, might there not be some Danger, if these Gentlemen were not Men of nice Honour, that they would make the Northern People pay extravagant Prices, perhaps twice as much as they now do, which might entirely destroy the most profitable Trades we now carry on? I will defy any Person to prove that such a Restriction could have any other Effect, than to enrich the People of our Sugar-Colonies at the Expence and Loss of the Trade of this Kingdom, and the Destruction of some, if not many of our Northern Trades and Colonies. What these Gentlemen have done to raise such Expectations as they seem to be possess'd with, I cannot imagine; but whatever Kindness may be intended them, I hope that the People in the Northern Colonies, who are as useful Subjects, will not be distressed, to aggrandize the most wealthy, most opulent, and gayest People in His Majesty's Dominions, even very few about his Courts excepted; nor the Publick Revenue lessened, nor our Trade contracted, to encrease that of our greatest Rivals, while we have or inherit the Name of Britons. The Gentlemen of Barbadoes could not perhaps have taken a more improper Time to complain of any Hardships, as they have imported no less into the Port of London in the Year 1730. than 17077 Hogsheads and 256 Barrels of Sugar from that Island only, beside the Quantity imported to the Out-Ports, which I will only allow to be one Third of the Hogsheads imported to London, viz. 5692 Hogsheads, in all 22769 Hogsheads, each Hogshead Weight in Barbadoes 13 Hund will amount to 295997 Hund. which at 1l. 3s. per Hund. in Barbadoes, must amount to 340391l. 11s. no inconsiderable Sum, when we consider the Smallness of that Island, which is not much bigger than the Isle of Wight, and the Number of People (which the Gentlemen of that Island assure us are very few) amongst whom this Sum is to be divided. But when we consider that all this is clear Profit, because those very Gentlemen have already proved before the Honourable Committee, that the Rum and Molosses pays all the Charges of the Plantation; and if we farther allow what we reasonably may, that but one twentieth Part of their Sugar was taken off their Hands by the Northern Colonies, the whole Amount of their Profits in the Year 1730. only, comes to 360306l. 18s. a Sum so prodigious when considered as clear Profit, that it may seem incredible whenever it shall be related, that a few People (very few as they themselves say) were so bad Oeconomists, that they could not live upon such a mighty Income, but petitioned like People in Distress and under the greatest Calamities, for the Means of getting more, from a People unacquainted with their Luxury and Excess, from a People who work and labour hard for their Living, from a People who have but few, if any Slaves, who inhabit Soils less fruitful, who are obliged to be Oeconomists or starve. Yes, such has been the monstrous Effect of the Luxury and bad Oeconomy of some People, that they have been intoxicated to so great a Degree as to persuade themselves, that for only asking they could oblige those who used not only to take all the Commodities they produced off their Hands, but were under the Necessity of taking from others to supply themselves, not to take for the future any such Commodity from any other, whereby they might be capable of making them pay double the Price for all Things which they produced, and the other wanted; the real Consequence of which would be, that the People on our Sugar Islands would get more Money for their Rum and Molosses and Sugar than they used to do. But who would they get it from? Either from our Northern Colonies, or England, or both. If that be the Case, as it undoubtedly is, how shall we be able when they have advanced upon us, to supply those Markets we now supply so cheap? But if we are by this Means to have no more than will just supply our selves and the Northern Colonies, where will the Advantage be to this Kingdom to pay more for their own Consumption? Or what Reason can be given why we should oblige the Northern Colonies to pay more for their Consumption, which in Effect would be taking from the Northern Colonies to give to the Sugar Colonies; none of which could tend to increase the Trade and Navigation of this Kingdom, but on the contrary that Number of Men and Quantity of Shipping now employed to the French and Dutch Sugar Islands (supposing all other Trades sufficiently supplied) would be useless; the King and this Kingdom would lose the Duty, Custom and Excise of a proportionable Quantity of these Commodities, as there could not possibly be so much imported here. From what hath been said, I would persuade myself that few who read this will want to be convinced, as I really am, that there is no Occasion for any other Regulation in this Trade than that which I proposed about permitting our Sugar Colonies to carry their clay'd Sugar directly to any Part of Europe South of Cape Finisterre: And if a small Duty not exceeding 5l. per Cent. were laid on all French Goods permitted to be imported into any of our Colonies, and that Money so arising which I would have applied as a Bounty for the sending of Hemp and Flax from them to us: I say such a Duty upon French Goods, together with the Bribes given to Governours, &c. could not make them be afforded cheaper than our own, unless the French could produce much cheaper than our People; and if the last be the Case, we must not long think to supply those Markets, which they can as conveniently do. We have all Sorts of Materials for carrying on of such Business cheaper than the French; namely, Slaves, Provisions, all Manner of Plantation Utensils, Cattle and Lumber; and as we navigate cheaper, our Islands can send their Goods cheaper to Market than any other People can. Is it not owing to our producing Tobacco so cheap, that we sell above 30000 Hogsheads every Year over and above our own Consumption? What is this owing to? Not the Excellence of the Commodity only: Other Countries produce Tobacco which will sell for more Money; but we produce so cheap, and navigate so cheap, that I have great Reason to think if we go on but a little while longer at the low Price it hath held at for some few Years past, that other People will drop that Produce, and we may do in Tobacco what we once did in Sugar, namely, beat out all others, and make them decline the Production of that Commodity; this being once accomplished, as there is some Hopes, the Tobacco Trade will again flourish. I have Reason to be of Mr. Gee's Opinion, who says Page 45, in his Book of the Trade and Navigation of Great-Britain considered: "Our Planters are so far from being concerned at the Decay of our foreign Trade, that they have complained too many Sugars were made; and we may conclude will make what Interest they can with their Governors and others, to prevent their making and settling any new Plantations: If they can supply enough for Home Consumption at a great Price, it answers their Purpose. The Island of Barbadoes is very much worn out, and does not afford the Quantity of Sugars as heretofore; and yet the Planters live in great Splendor, and at vast Expence, while the French, under the Remembrance of their Poverty on their first Settlement at Hispaniola, continue to live very frugally, and by their Labour, Industry and Fertility of their Soil, are able to undersell us. The only Places we can think of where we may enlarge our Sugar Plantations are Tobago." To which I would add too the Island of Santa Cruz, which is equal to it at least. The whole Chapter whence I extracted this Part I think deserves as much Consideration as any Part of his whole Book, wherein is contained many just Observations on Trade; and tho' I cannot be of Opinion with him, that the south Parts of Carolina and the Bahama Islands are proper Places for Sugar, because I have been acquainted with the Success of several Experiments there, yet I think the farther settling of the Island of Jamaica to be of the highest Consequence to this Kingdom, which if we neglect, we shall be in Danger to be beat quite out of all foreign Trade by the French: And by that Means the Planters, who shall then remain in our Islands, may make us pay just what they please for their Produce, which seems to be their only Aim by the Petition. The Remonstrance of these Gentlemen, with Regard to our Northern Colonies, taking and using French Silks and French Linnens, looks as if they were resolved to render them as odious to this Kingdom, as they already are to the Gentlemen of our Islands. As in all Informations where the Prosecutor is principally concerned in the Consequence, it is generally known, that as far as his own Word will be taken, he seldom fails of making out all he complained of; but by the Happiness of our Constitution, we very often have the Chance of obtaining an impartial Jury, who are to be Judges of Facts, as well as the Credibility of Evidence. Now if a declared Enemy will come and tell a Jury, "Gentlemen, the People in the Northern Colonies in America wear principally French Silks and Linnens; though they can have Silks and Sattins, Callicoes and Muslins, of the Manufacture of India, at least 30, if not 50 per Cent. cheaper than they can have the French Goods: Nay so fond are they of French Linnen, tho' they make Linnen worth 7s. per Ell themselves, that they will wear only French Linnen". Now what impartial Jury, who knew New-England-Men especially, could believe this? A Place where the richest Men follow Business closely, where Industry is principally regarded, where the Luxurious and Effeminate are discountenanced; a Place generally hated by the riotous and debauched Part of Men, because of their rigorous Laws and Customs; a People parsimonious to a Proverb: I say, were this to be related to a Jury of their Vicinage, they might think too much was proved, and shake their Heads at the Informer. If any of these Gentlemen will acquaint the Legislature with any more effectual Means to prevent the Consumption of any foreign Manufactures, either here or in our own Plantations, or shew that sufficient Care is not already taken to prevent such Abuses, as far as the Reason and Nature of the Thing requires, he may do a real Service to this Kingdom, and will then truly deserve the Thanks of every Briton."
" REMARKS Upon a BOOK, Entituled, The Present State of the Sugar Colonies considered, &c."
"Remarks upon a book, entituled, the present state of the sugar colonies consider'd"
"And First, Strength. WHether it doth not much increase the strength of the Kingdom with Mariners, Warlike Shipping, Ammunition, and all Necessary Arts-men thereunto belonging. Whether it doth not greatly increase the General Traffique of the Kingdome, not onely as it is a very ample Trade of it self between England and the Indies; but also as it is an ample Staple or Magazine of many rich Indian Wares to send from hence into other Foreign Countreys. THE Trade to the East-Indies some few years past, when we had War with the Portugals, did employ Fifteen thousand Tuns of Shipping all at once, either going or coming, or Trading there from Port to Port; but since (upon good experience) we find that so great a Charge is neither necessary for our defence; nor comportable by the Benefit of the Traffique, untill some further Discoveries may be made in China, or elsewhere, as is hoped: Nevertheless, (according to the present times) there may be imployed and maintained Eight thousand Tuns of great and warlike shipping, besided two thousand Tuns more here in the Kingdome continually repayring for the next supply of those Voyages. THis Trade as it is thus great in it self; so doth it yet further enlarge our Traffique and strength, by furnishing this Kingdom with all sorts of Indian Wares, not onely for our own use, but more especially for the necessary wants of Forreign Nations, which hath greatly encreased the number of our Warlike Ships, to export them from hence into Turkie, Italy, the East Countries, and other places: For proof whereof we instance some formertimes, when we have brought into England above eight thousand baggs of Pepper from the Indies in one Year (and may do so again if the Trade subsist.) Where this Kingdom doth not consume above one thousand and three hundred baggs per annum at the most; So the rest are Transported into Forraign Countries: And the like may be said for Callicoes, Indigo, and some other Indian Wares. ALL which Additions of Shipping unto our fomer strength by Sea before this Trade began, do imploy many of His Majesties Subjects in sundry Arts to build and repair the said Ships, together with the making of Ordnance, Muskets, Powder, Shot, Swords, Pikes, Cordage, Canvas, and other necessary Ammunitions and Provisions thereunto belonging; besides a multitude of Mariners, whereof many of them are Shipped from hence. Landmen, or such as were not formerly used to the Seas, but are bred and made good Mariners by these Voyages, which otherwise at home (being without Arts or maintenance) are a heavy burthen to their Friends and Country. AND if it be Objected, that this great encrease of Shipping which is here declared, is not always in the Kingdom upon Occasion of Service, the Answer is. That neither are the Ships of any other Merchants here at home, but some are going, some are coming, and ever the least part are in the Kingdom; yet still wheresoever they are, His Majesties Subjects have by them their imployment and maintenance, and the Kingdom as well as the East-India Company have had their Service: For how famous are their exploits in all Nations? How many rich Carracks have they sunk and spoyled? How many assaults of Spanish Gallions have they withstood and spoyled? What slaughter of their Souldiers, sack of their Towns, subversion of their Trades, and such like Honourable Actions have they performed? And all with little loss of Ships or Men? It would require a large Discourse, to declare the particulars: Neither doth the East-India Company commonly want two thousand Tuns of Shipping or more here in the Kingdom, which are either in building or repairing, together with all their Ordnance and other Warlike Furniture, besides their Store-Houses and Dock-yards, plentifully provided with Timber, Planck, Cordage, Powder, Shot, and many other necessary Ammunitions both for themselves, and often-times to help others, with such Provisions as cannot elsewhere be found for money in this Kingdom. THere is yet one common Objection, but it is so weak that it scarce deserves an Answer, which is, that this East-India Trade destroys our Shipping and Mariners, when clean contrary to this we have already shewed the great encrease of both; and if Men dye in these long Voyages, and Ships by length of time be laid up, either here or in the Indies, yet what's all this but Natures course? And that which happens here at home in oure nearest Trades, although with far less noyse and notice: How many brave Commanders have we bred from mean degree? (whereof divers are still in our Service) some at this present are found worthy of good places in His Majesties Navy, others (being grown Rich) do either keep at home, or follow shorter Voyages; but leaving these Advantages, we do Answer all with this, That whatsoever is pretended in the decay of Shipping, or death of Men, yet notwithstanding the Kingdom, by this Trade hath obtained no less increase or clear addition both of the one and the other, which continually subsist and Are in Action, than is before declared. Wealth. Whether it doth not increase the general stock and wealth of the Kingdom. Whether it be not a means to save the particular Subjects much money yearly in their ordinary expences upon all sorts of Indian Wares. Whether it doeth not much increase His Majesties Customs and Imposts in the yearly Revenue. Whether it is not a good means to improve the price of Lands, Wools, Tin, Iron, Lead, and other the Native Commodities of this Kingdom. Whether the King and the Kingdom (also) have not gotten much by this Trade, even in this late disastrous times, when the Adventurers have lost great matters. HEre we have five Quæres which must be all proved severally; the first is general, wherein we must consider how the whole Kingdom may be inriched by our Commerce with strangers, the which to perform, although it hath one and the same Rule in all the particular places of the Trade, yet is not every Country alike profitable to this Common-wealth, for the remotest Traffique is always most beneficial to the publick Stock, the Example may be framed thus. The places of our remotest Traffique are most profitable to the Commonwealth. Suppose we therefore, that Pepper were constantly worth 2 shillings the pound here in England, if we should then fetch the same from Holland, the Merchant may pay there to the stranger twenty pence the pound out of this Kingdoms stock, and gain well by the bargain; but if he fetch this Pepper from the East-Indies, he cannot give there above five pence the pound at the most to obtain the like gain, when all charges are considered; which doth sufficiently shew the great Advantage we have to buy our wares in those Remote Countries, not onely for that part alone which we spend and consume, but especially for that great quantity which from hence we Transport yearly into other Countries to be sold at higher Price than it is worth here in England; Whereby it is plain, that we make a far greater Stock by gain upon these Indian Commodities, than those Nations do where they grow; and to whom they properly appertain, as being the Natural wealth of their Countries: We may grow rich in Trade by the Stock of other Nations. Neither is their less Honour and Judgment by getting Riches in this manner, upon the Stock of other Nations, then by an industrious increase of our own means, especially when this latter is advanced by the benefit of the former, as we have found in the East-Indies by Sale of much of our Cloth, Lead, and other Native Commodities, the vent whereof doth daily increase in those Countries, which formerly had no use of our Wares, but for the better understanding of that which hath been said, we must not forget to distinguish between the gain of the Kingdom, and the profit of the Merchant. Cloth and Lead vented in the East-Indies. A distinction between the gain of the Kingdom and the profit of the Merchant. For although the Kingdom pay no more for this Pepper than is before supposed, nor for any other Commodity bought in Forreign parts; more than the stranger receiveth from us for the same; yet the Merchant payeth not onely that price, but also the fraight, ensurance, Interest, Custom, Impost, and many other Charges which are exceeding great in these long Voyages; but yet all these in the Kingdoms account are but commutations among our selves, and no privation of the publique stock, they remain still in the Kingdom. NOW, concerning that which every particular Subject of the Realm saveth in his Ordinary expence of Indian Wares, it is manifest that heretofore when we brought Indico from Turkie, that sort was ordinarily sold here for seven shillings the pound or more, which now we sell for five shillings the pound and under: Pepper then ordinarily at three shillings, and three shillings four pence the pound, which now is sold by the East-India Company for 18. pence the pound, with long time also given therewith for payment, and so likewise of divers other wares, but for Cloves, Maces, and Nutmegs, they are at very dear prices, because the Hollanders having expelled our people from the Islands of the Moluccoes, Banda, and Amboyna, do still keep us by force from the trade of those Spices: The Hollanders ingrossing of Cloves, Maces, and Nutmegs, have made them exceeding dear. In which wares, when we enjoyed the freedom in the Indies that unto us belongeth, we sold those Spices at low rates: But as the Dutch have raised the price of these Commodities, so would they much more inhaunce them and all other the rich Wares of those Countries, if we should abandon or be basely driven from the Trade. THE next Quære needs but little proof, for who can truely say that his Majesties Customes and Impost are not multiplyed, when the Traffique of this Kingdom is so much encreased: onely this we will affirm, that if the Trade to the East-Indies were so well encouraged that it might be effectually followed, it would yearly bring to his Majesties Coffers much more than now it doth. THE next Quære concerns the Kingdom neerly, for it is no small worth to improve the price of Lands, which never hath nor can be done, (to the common benefit) but by the prosperous successe of our forraign trade, the Ballance whereof is the onely means and rule of our treasure: The ballance of our forraign trade is the true rule of our treasure. that is to say, when either by issuing out of the Realm yearly a greater value in Wares then we consume of forraign Commodities we grow rich, or by spending more of Strangers goods than we sell them of our own, we are impoverished; For the first of these courses doth bring in the money which we have, the last will carry it away again when we have got it. It is a true saying that plenty or scarsity of mony makes all things dear or cheap in a Common-wealth, but it is necessary to distinguish the seeming plenties or money from that which onely is substantial and able to perform the work; For there are divers wayes and means to procure plenty of money into a Kingdom, (for a short time) which do not therefore inrich, but rather impoverish the same, by the several inconveniencies which ever accompany such alteration. FOR first, if we should melt down our Plate into Coyn, which suits not with the Majesty of so great a Kingdom, except in cases of great extremity, it would cause plenty of money for a time, yet should we be nothing the richer, but rather this Treasure being thus altered, is made the more apter to be carried out of the Kingdom, if we exceed our means by excesse in forraign wares, or maintain a War by Sea or Land, where we do not feed and cloath the Souldier, and supply the armies with our own native provisions; by which disorders our Treasure will soon be exhausted; for it is not the Merchants exchange by bills that can prevent the least of these evils, as some have supposed. Treasure which cannot long remain with us. Again if we think to bring in store of money by suffering forraign Coynes to passe currant here at higher rates then their intrinsick value, compared with our standard; or by debasing, or by inhauncing our own monies (as some men have projected) all these actions bring their several inconveniencies, and notable ruines, as well to the King, as to his Subjects, of which we omit to enlarge, (because it is not much pertinent to our cause in hand) but rather admitting that by these courses, plenty of money might be brought into the Realm, yet should we be nothing the richer, neither can such treasure (so gotten) long remain with us, for, whether it be the stranger or the English Merchant that brings in this money, it must ever be done upon a valuable consideration, either for wares carried out already, or after to be exported, which helps us nothing except the evil occasions of excesse or War aforenamed be removed, which will exhaust our treasure; for otherwise, the money that one man bringeth in for gain, another shall be forced to carry out for necessity, because there shall ever be a necessity to ballance our account with Strangers, although it should be done with great losse upon the rate of the money which is exported, and peril or confiscations also, if it be intercepted by the Law, for necessity or gain will ever find some means to violate such Laws. The great increase of strangers inhabiting here, doth impoverish this Kingdom, and begger our poor by depriving them of their Arts, and manufactures, raising the price of Corn, victuals, Rents and the like. BUt if it should be objected that the price of our Lands are not improved onely by Treasure gained in our forraign Trade, but also by a great increase of people, whether they be natives or strangers, or both: The answer is, that the first of these wayes doth perform it to the (common benefit) and the latter to the inriching of the Landlords only by a manifest impoverishing of the Kingdome: For our experience in one particular doth teach us, that of late years we are grown so populous, that we can spare no corn to transport into forraigne Countries, but sell it all here to serve our own wants at dear rates, which formerly when it was much cheaper imployed many ships and marriners to export it unto strangers, and thereby returned us store of Treasure, which great benefit to the Kingdome is now lost. And as hereby the exportation of our native Commodities is much diminished, so our consumption of forraigne Wares is as much increased, which is a double means to impoverish this Kingdome. Treasure that doth remain with us inrich us, and doth improve our Lands. THe business then is briefly thus, that as the treasure which is brought into the Realm by the ballance of our forraign trade, is that money which onely doth abide with us, and by which we are inriched, so by this plenty of money thus gotten (and no otherwise) do our lands improve, for when the Merchant hath a good dispatch beyond the Seas, for his Cloath, and other our native wares, he doth presently return to buy up the greater quantity which raiseth the price of Wools, and other Commodities, which doth improve the Landlords rents, as the Leases expire dayly; and also by this means money be gained and brought more abundantly into this Kingdom; it doth inable many men to buy Lands which must make them the dearer: but if our forraign Trade come to a stop or declination by neglect at home, or injuries abroad, whereby the Merchants are impoverished, and so the Wares of the Realm lesse issued, then do all the said benefits cease, and our Lands fall of price dayly: whereupon we conclude, that as the flourishing estate of our general Trade is the only means to make our Lands improve, so the particular Trade to the East-Indies, is a principal instrument therein, because (as we have already proved) it hath so much increased the Traffique of this Kingdom. THE next Quære seems to be a mystery which many of our Adventurers do not well understand, for (say they) how can the Kingdom gain by this Trade, when we who are the members thereof, have lost so grievously? they do not well discern that their private losse may be far lesse in proportion, then the publick benefit, as we shall instance some example to make the business plain. The degrees of gain in forraign Trade. IN the course of forraign Trade, there be three sorts or degrees of gain, the first, that of the Common-wealth, which may be done when the Merchant (who is principal agent therein) shall loose. The second is the gain of the Merchant, which he doth sometimes justly and worthily effect, although the Common wealth be a looser. The third is the gain of the King, whereof he is ever certain even when the Common-wealth and the Merchant shall be both losers. COncerning the first of these, we have already sufficiently shewed the wayes and means whereby the Common-wealth may be inriched in the course of Trade, by the ballance of the same, when excesses are avoided; therefore it is needlesse here to make any further repetition: only we do in this place affirm, that such happiness may be in the Common-wealth, when the Merchant of his particular shall have no occasion to rejoyce. As for example, suppose the East-India Company should send out one hundred thousand pounds in Wares or money into the East-Indies, and receive home for the same, the full value of three hundred thousand pounds, hereby it is evident that this part of the publick stock is trebled, and yet we may boldly say, that which we can well prove, that our said Company of Merchants shall be losers by such an adventure, if the returns be made in Spice, Indico, Callicoes, Benjamin, refined Salt Peter, Cotton yarn, and such other bulkey wares in their several proportions, according to their vent and use in these parts of Europe: for the fraight of shipping, the insurance of the Adventure, the charges of Factors abroad, and Officers at home, the forbearance of the Stock, his Majesties custome and imposts, with other petty charges incident, will be above two hundred thousand pounds, which being added to the principal produceth losse, and thus we see that not onely the Kingdom, but also the KING may get very much, even when the Merchant notwithstanding shall loose in his proportion, which giveth good occasion here to consider how much more the Realm is inriched by this Trade, when all things passe so happily that the Merchant is a gainer also, together with the KING and this Kingdom. The King and Kingdom may get by Trade, even when the Merchant loseth. BUt for the better explaining of that which hath been already alledged, we must understand, that if the said hundred thousand pounds should be trebled by the return of so much Silks and other fine Wares out of the Indies, then the Merchant likwise should receive good gain by such an adventure; and the reason is, because this great wealth would require but five hundred tunne of shipping to lade and bring home the same, which is but a very small charge in respect of four thousand tunns of shipping, which would be required to lade home the like value in the bulky Commodities of Spice and the like, which are afore- written. THE second sort of gain in the course of Trade is, when the Merchant by his laudable endeavours may both bring in, and carry out Wares to his advantage, by buying them and selling them to good profit, which is the end of his labours: Yet nevertheless, the Common wealth shall decline and grow poor by a disorder in the peole, when through pride and other excesses they do consume more forraign Ware in value, than the wealth of the Kingdom can satisfie, and pay by the exportation of our own Commodities, which is the very quality of an unthrift, who spends beyond his means. THE third sort of gain is the Kings, who is ever sure to get by Trade, when both the Common-wealth and the Merchant shall lose severally, as afore-written; or jointly, as it may and doth sometimes happen when the Merchants success is bad, and when our Commodities are over-ballanced by forraign Wares consumed, but if such disorders be not prevented, his Majesty in the end shall be the greatest loser, when his Subjects be impoverished. Safety. Whether it be not a means greatly to weaken the King of Spain and his Subjects, and to exhaust their Treasure. Whether it be not a means to Counterpoize the Hollanders swelling-greatness by Trade, and to keep them from being absolute Lords of the Seas if they may drive us out of this rich Traffique, as they have long endeavoured to perform. THE safety of the Kingdom consists, not onely in it's own strength and wealth, but also in the laudable and lawful performance of those things which will weaken and impoverish such powerful Princes, as either are, or may become our Enemies; Amongst which we will now rank the Spaniard in the first place, who being enabled by the power of his Indian Treasure, not onely to keep in subjection many goodly States and Provinces in Italy, the Low-Countries, and elsewhere, (which otherwise would soon fall from his obeysance) but also by a continuall War taking his advantages, doth still enlarge his Dominions, ayming at nothing more than the Monarchy, by this plenty of his money, which are the very sinews of his strength, that lye so far dispersed into so many Countries, yet hereby united, and his wants supply - both for War and peace in a plentiful manner from all the parts of Christendom, which are therefore partakers of his Treasure by a necessity of commerce, Wherein the Spanish policy hath ever indeavoured to prevent all other Nations the most it could; Spanish Treasure is exhausted by a necessity of commerce. For, finding Spain to be too poor and barren to supply it self and the WEST-INDIES, with those varieties of forreign Wares, whereof they stand in need, they knew well that when their native Commodities come short of this purpose, then their monies must serve to make up the reckoning; whereupon they found incredible advantage by adding the Traffick of the East-Indies to the Treasure of the West: Spanish policy and profit in the East-India Trade. For the last of these being employed, in the first they stored themselves infinitely with rich Wares, to barter with all the parts of Christendom for their Commodities, and so furnishing their own necessities, prevented others for carrying away their monies, which in point of State they hold less dangerous to impart to the remote Indians than to their neighbour Princes, least it should too much inable them to resist (if not offend) their Enemies: and this Spanish policy against others is the more remarkable being done likewise so much to their own advantage; For, every Royal of Eight which they sent to the East-Indies; brought home so much Wares, as saved them the disbursing of six Royals of Eight here in EUROPE (at the least) to their neighbours; especially in those times when that Trade was onely in their hands: But now this great profit is failed, and the mischief removed by the English and Dutch, who partake in those East-India Trades as amply as the Spanish Subjects. Spanish Treasure is exhausted byWar. IT is further to be considered that besides the disability of the Spaniard, by their native Commodities to provide forreign wares for their necessities (whereby they are forced to supply their wants with money) they have likewise that Canker of war, which doth infinitely exhaust their Treasure, and disperse it into Christendom, even to their Enemies; part by reprisal, but especially through a necessary maintenance of those Armies which are composed of many strangers, and lye so far remote that they cannot feed, Cloath, or otherwise provide them out of their own native means and provisions, but must receive this relief from other Nations: The effects of different wars concerning Treasure. which kind of War is far different to that which a Prince maketh upon his own confines, or in his Navies by Sea, where the souldier receiving monies for his wages must every day deliver it out again for his necessities, whereby the Treasure remaines still in the Kingdom, although it be exhausted from the King; but we see that the Spaniard (trusting in the power of his Treasure) undertakes Warres in Germany and other remote places, which would soon begger the richest Kingdom in Christendome of all their money, the want whereof would presently disorder and bring the Armies to confusion, as it falleth out sometimes with Spain it self (who hath the fountain of money) when either it is stopt in the passe by the force of their Enemies, or drawn out faster than it flowes by their own occasion; whereby also we often see that Gold and Silver is so scarce in Spain, that they are forced to use base Copper Money, to the great confusion of their Trade in want of Supplies, and not without the undoing also of many of their own People. The Spanish treasure which is exhausted either by commerce or war, doth all come in the end into the general commerce of divers Nations. BUT now that we have seen the Occasions by which the Spanish Treasure is dispersed into so many places of the World; it is needful likewise to discover, how, and in what proportion each Country doth partake of these monies: For we find that Turkie, and divers other Nations have great plenty thereof, although they drive no Trade with Spain, which seems to contradict the former Reason, where we say that this Treasure is obtained by a necessity of Commerce; but to clear this point we must know, that all Nations (who have no Mines of their own) are inriched with Gold and Silver by one and the same means, which is already shewed to be the ballance of their Forreign Trades, and this is not strictly tyed to be done in those Countries where the Fountain of Treasure is, but rather with such Order and Observations in the Trade, and against excess, as are prescribed: For suppose England by Commerce with Spain may get and bring home five hundred thousand Ryals of Eight Yearly, yet if we lose as much by our Trade in Turkie, and therefore carry the money thither, it is not then the English, but the Turks who have got this Treasure: Although they have no Trade with Spain, from whence it was first brought. Again, if England having thus lost with Turkie, do notwithstanding gain twice as much by France, Italy and other Members of her general Trade, then will there remain five hundred thousand Ryals of Eight clear gains by the ballance of the same; and this comparison holds between all other Nations, both for the manner of getting, and the proportion that is yearly gotten. But yet if a question should be made, whether all Nations get Treasure, and Spain only lose it: We Answer no; for some Countries by War, or by excess do lose that which they had gotten, as well as Spain by War and want of Wares doth lose that which was its own. AND so much shall suffice to shew, that to partake in the Trade of the East-Indies, doth not only weaken the Spaniards Navigation, and strengthen our own; but also, to impeach him in this rich Trade, doth mightily exhaust his Treasure, and increase our Monies. HAving done with the Powerful Spaniard, we must now say something of our professed Friends, the Hollanders, who of late years are become a flourishing People, Wealthy and strong, both by Sea and Land, by nothing else but Trade; The Hollanders greatness by Trade. and yet we know that they have little in their own Country wherewithal to Trade; but we must not therefore imagine, that so great a Building is either raised, or can stand without a strong Foundation, which these Industrious Men wanting means in their own Land, do find out Rich Mines in His Majesties Seas; The Hollanders best foundation the English Fishing. Golden Mines we may term them, for so the Lords States themselves do call them, and thus also in their Publick Proclamations, which they have set forth in all occasions for the better preservation of this Fishing, a Treasure it is (indeed) inestimable, and an employment most profitable: From hence Orignially proceeds the increase and maintenance of the People, their flourishing Arts, their private Wealth, their publick Treasure, the multitude of their Ships which fetch Materials to Build Ships, the swarms of their small Vessels which catch Fish, to lade their great Ships which Trade with Fish; the proceed whereof doth furnish them with all their wants of Foreign Wares, and makes them all Rich in Treasure; with which Treasure they do also enlarge their Trade into all the quarters of the World, whereby they are become the Magazines for England, France, Spain, Turkie, and other places, for Corn, Cordage, Ordnance, Powder, Shot, Ships, Wines, Fruits, Cavas, and many others, besides the rich Wares from the East and West-Indies, serving each Country according to their severall wants and occasions, In which course of Trade, they are not lesse industrious to supplant others (especially the English) than they are careful to strengthen themselves with more than ordinary diligence; for they know well, that Trade hath raised their fortune, and doth feed their Hopes; We desire not here to aggravate their Actions against us in the East Indies, for they are already too well known to all the world, but we rather with patience expect the meanes of our satisfaction and future safety; wherein we doubt not of his Majesties most gracious favours and resolutions so well begun, and in so good a way to settle and support a Trade of such great consequence; If our Trade to the East-Indies should fail our other best Trades will fall with it. the which if the Hollanders might solely enjoy (as they endeavour) they would (by the power there of) soon make themselves Masters (also) of our other best Trades into the Streights, and be the onely Merchants even of our Cloath and other native Commodities into those Countries; as they are already possessed of the Exportation of (almost) all our Herrings, Pilchards, and New-land Fish, to the maintenance of their Shipping and decay of ours, which is the more considerable, because it may be wished, that Corn, and Victuals, might be exported, onely in English Shipping, but the Hollanders are diligent observers of such occasions as may give them advantage; they know well how to work their own ends in all places where they come; and as they have infinitely prevailed in the augmentation of their Trade by the declination of other Nations, so they aime at nothing more now than to weaken the English in their Traffick, for We onely are their Corrivals, able to keep them from the absolute Dominion of the Seas, wherein we may hope ever to prevail, if we loose not the power we possesse, and the rich Trades which we have so well discovered. Whether it be not the best meanes we have to encrease the Treasure or Money of this Kingdome. THis position is so contrary to the common opinion, that it will require strong Arguments, to maintain and prove it, before it will be accepted, especially of the multitude, who bitterly exclaim when they see any Monies carried out of the Realm; affirming thereupon that we have absolutely lost so much Treasure, being an Act against the long continued Laws of this Kingdom, and that many other places, nay, Spain it self (which is the fountain of Money) forbids the Exportation thereof, some cases only excepted. To all which we might answer, that Venice, Florence, Genoa, Savoy, Marcellis, Turkie, the Low-Countries, and divers other places permits it, their people applaudes it, and find great benefit by it; but all this makes a noise and proves nothing: We must therefore come to those reasons which concern the businesse in question. We have no Treasure but by Trade. FIrst therefore, we will take that for granted which none will deny us, that we have no other meanes to get Treasure, but by Forreign Trade; for Mines we have none which do afford it, and how this Money is gotten in the managing of our Trade, we have already shewed; that it is done By making our Commodities which are Exported, to over-ballance in Value the forreign Wares which we consume; so that it resteth onely to shew how our monies may be added to our Commodities, and being joyntly exported may so much the more encrease our Treasure. AND here we will suppose, that our yearly consumption of forreign wares is to the value of twenty hundred thousand pounds, and our exportations to exceed that two hundred thousand pounds, which summe we may thereupon affirm is brought to us in Treasure to ballance the account; A neer estimation of our yearly exportations and importations, as they have been found by good inquiry. but now if we adde three hundred thousand pounds more in ready mony unto our former exportation in wares, what profit can we have (will some men say) although by this meanes we should bring in so much ready money more than we did before, seeing that we have carried out the like value. TO this the answer is, that when we have prepared our exportations of wares, and sent out as much of every thing as we can spare or vent abroad; it is not therefore said, that then we should adde our money thereunto to fetch in the more money immediately, but rather first to inlarge our Trade therewith, by inabling us to bring in more forreign wares, which being sent out again into the places of their consume, they will in due time much increase our Treasure, for although in this manner we do yearly multiply our importations to the maintenance of more shipping and Marriners, improvement of his Majesties Customes and other benefits; yet our consumption of those forreign wares is no more than it was before: so that all the said increase of commodities brought in by the means of our ready money sent out as is afore written, doth in the end become an exportation unto us of far greater value than our said monies were, which is proved by three severall examples following. FIrst, we will suppose that one hundred thousand pounds sterling, being sent in our shipping into the East Countries, will buy there one hundred thousand quarters of wheat clear of all charges aboard the ships, which being after brought into England and housed, to export the same at the best time for vent thereof in Spain, or Italy it cannot yield yeild lesse in those parts than two hundred thousand pounds, to make the Merchant but a saver, yet by this reckoning we see the Kingdom hath doubled that Treasure. The trade to the East-Indies (in its proportion) is the best trade and means we have to increase our Treasure. AGain this profit will be far greater when we Trade thus with our money in remote Countries; as for example, if we send one hundred thousand pounds into the East-Indies, to buy Pepper there and bring it hither, and from hence send it for Italy or Turkie, it must yield five hundred thousand pounds at least in those places, in regard of the excessive charge which the Merchant disburseth in those long voyages in shipping, wages, vicutals, insurance, interest, customes, imposts, and the like: all which charges notwithstanding the King and the Kingdom gets. And we may here observe, that as the publick profit by forreign Trade is the onely means whereby we gain our Treasure: So this Trade to the East-Indies (in its proportion) doth far excell all others. THE third Example is, where the Voyages are short, and the Wares Rich, which therefore will not imploy much Shipping, the profit to the Kingdom will be far less; as when another hundred thousand pounds shall be imployed in Turkie, in raw silks, and brought hither to be after Transported from hence into France, the Low-Countries, or Germany, the Merchant shall have good gain although he sell it there for one hundred and fifty thousand pounds: And thus, take the Voyages all together in their Medium, the ready monies exported will be returned unto us near trebled. But if any Man will yet Object that these returns come to us in Wares, and not really in Monies, as they were issued out: THE Answer is (keeping our first ground) that if our Consumption of Forreign Wares be no more yearly than is already supposed, and that our exportations be so mightily increased by this manner of Trading with ready money, as is before declared: It is not then possible (in the course of Trade) but that all the over ballance or difference should return either in money, or in such Wares as we must export again; which, as is already plainly shewed, will be still a greater means to increase our Treasure: For it is in the Stock of a Kingdom, as in the Estates of private Men, who having store of Wares, do not therefore say, that they will not venture out, or Trade with their Money; (for this were ridiculous) but do also turn that into wares, whereby they multiply their Money; and so by a continual and orderly change of one into the other, grow rich, and when they please, turn all their Estates into Treasure, for they that have Wares, cannot want Money; and therefore the former Objection is not considerable: For what begot the Monies which we sent out, but our Wares? NEither is it said, that Money is the Life of Trade, as if it could not subsist or pass currant without the same; for we know that there was great Trading by way of Commutation or Barter, when there was little Money stirring in the World. The Italians and some other Nations have such Remedies against this want, that it can neither decay, nor hinder their Trade, for they transfer Bills of Debt, and have other ways whereby they assign their Credits from one to another daily, for very great summes, with ease and satisfaction by Writing onely; whilst in the mean time, the Mass of Treasure which gave Foundation to those Credits is employed in Forreign Trade as a Merchandize which doth much increase their Traffick. Money inlargeth trade, and Trade increaseth money. It is not therefore the keeping of our Money in the Kingdom which makes a quick and ample Trade, but the necessity and use of our Wares in Forreign Countries, and our want of their Commodities which causeth the Vent and Consumption on all sides. WE must not here forget the Practice of the Great Duke of Tuscany in his Port of Leghorne, which of late years from a poor Town is became a fair City, and one of the most famous places for Trade in Christendom, by the resort of many Nations, but most especially by the English and Dutch with Merchandize to a very great value yearly, and yet it is worthy Observation that the multitude of Ships and wares which come thither, have little or no means to make their returns from thence, but onely in ready Money, which they may, and do carry away freely at all times and without Custom, and such charges to the incredible Advantage of the said Duke of Tuscany and his Subjects, who are much inriched by the continual great concourse of Merchants, form all the States of the Neighbour Princes, bringing them plenty of Money daily to supply their wants of the said wares. And thus we see that the Current of Merchandise which carries away their Treasure, becomes a flowing stream to fill them again in a greater measure with money. THE Example of this growing greatness hath lately moved the Duke of Savoy publickly to delare his Princely resolution to all Nations, offering them any Priviledges and immunities, that shall come to Trade in his Free Port of Vila Franca, and especially a Liberty to carry away ready monies for all the wares they bring, or other Occasions: And yet we know that neither in Tuscany or Savoy, are any Mines or Monies more than they have, and do daily get by Trade; but they know likewise that if we yearly bring them wares (although for a very great value) the money will immediately follow, for, let no Man doubt but that money must ever attend on Merchandise, for they go together: And it is worthy the noting, that those Princes are content to part with their Treasure, only to enjoy the Trade of the wares which are brought them, for which (to encourage the Merchant) they take no Custom; whereas we by sending out our money do gain the imployment of our Shipping, the Trade of the wares, and the profit of the Customs, which is a treble benefit. THere is yet an Objection or two as weak as all the rest: The first is, that if we Trade with our money, we shall issue out the less wares; as if a man should say, those Countries which heretofore had Occasion to consume our Cloath, Lead, Tin, Iron, Fish, and the like; shall now make use of our Monies in the place of those necessaries, which to affirm were most absurd; or that the Merchant had not rather carry out wares (by which there is ever some gains expected) than to export Money, which is still but the same without any increase. BUT on the contrary there are many Countries which may yield us very large and profitable Traffick for our money, that otherwise afford us no Trade at all because they have no use of our wares; as namely, the East-Indies for one, in the first beginning thereof, although since by Industry in our Commerce with those Nations we have brought them into the use of much of our Cloath, Lead, and other things, which is a good addition to the former vent of our Commodities. AGain, some Men have alledged, that those Countries which permit Money to be carried out, do it because they have few or no wares to Trade withal: But we have great store of Commodities, and therefore their Action ought not to be our Example. TO this the Answer is briefly; That if we have such a quantity of wares as doth fully provide us of all things needful from beyond the Seas, why should we then doubt that our monies sent out in Trade must not necessarily come back again in Treasure, together with the great gains which it may procure in such manner as is before set down? And on the other side, if those Nations which send out their moneys, do it because they have few wares of their own; how come they then to have so much Treasure as we ever see in those places, which suffer it freely to be exported at all times, and by whomsoever. We Answer, even by Trading with their monies: For by what other means can they get it, having no Mines of Gold or Silver? Our humane actions ought especially to be considered in their ends. THus may we plainly see, that when this weighty business is duly considered in its end (as all our Humane Actions ought well to be weighed) it is found much contrary to that which most Men esteem thereof, because they search no further than the beginning of this work, which mis-informs their Judgments, and leads them into error; for if we onely behold the Actions of the Husbandman in the Seed-time, when he casteth away much good Corn into the ground, we will rather account him a Mad man than a Husbandman: But when we consider his Labours in the Harvest, which is the end of his endeavours; we find the worth and plentiful Increase of his Actions. Honour. Whether it be not an Honour suitable to the Majesty of so great a King and Kingdom. WE have endeavoured upon all the former Quæries to be as brief as conveniently we might without obscurity, and now upon this last point there will be no Occasion at all to inlarge; for when it shall be found that the Trade to the East-Indies is so good as means to encrease our strength, wealth, safety, and Treasure, and that those discoveries spread His Majesties Fame into Persia, Japan, China, the Dominions of the Great Mogul, and many other remote Nations of the Eastern world, there will be no denial, but that these great blessings are so precious and Honourable, both to the King and his Kingdoms, that they ought to be preserved with our best endeavours against the strongest Opposition. And for Conclusion, the East-India Company do Humbly Declare unto your Lordships, and the Honourable House of Commons, that they have not made their Petition, and this Remonstrance for their own Private Ends, but for the Publick good: And even so having performed their Duties, they hope it shall be their sufficient Discharge in all future times concerning the Suppressing or Supporting of the said Trade. "
"THE HUMBLE REMONSTRANCE OF Those REASONS which the Governour and Company of Merchants of LONDON, Trading to the EAST-INDIES, do make upon the QUÆRIES that are annexed unto their Petition, exhibited to the Right Honourable the LORDS and COMMONS in the High Court of PARLIAMENT Assembled."
"The petition and remonstrance of the governour and company of merchants of London trading to the East Indies [...]"
"AS a Man, or Christian, out of pure love to Mankind, I chuse rather to cast my self at Your Lordships Feet, and come under Your greatest Censure for this high Presumption, than to omit so necessary a Duty and Discovery as the substance of this discourse Imports; Therefore dare not conceale the least inconvenience that may befall the Publique, but take bolness to present my thoughts that Your non-apprehending the Prejudices hindring Improvement, nor clearely your own Capassities to remove them, and may be want of oportunity to consult about these lesser things (though very great in themselves (the practise whereof throughly promoted, might make the greater more easie) compared with our weighty and present affairs, may in some measure be an accidentall cause that Improvements of our Lands go on no better, although materially the cause is in our own sloth, Prejudice and ill Husbandry. And though I dare not present this rude Treatise unto Your Honors, to crave so high Patronage, yet I shall adventure these many most humble Representations of some Prejudices to Improvements that remain founded by a Law; And of some other Obstacles, as firmly rooted by Corruption, that without your Honors Power, and Wisdoms help therein, the Improve ments here tendred will be in great measure hindred. To the removall whereof, if Your Honors shall see cause to give incouragement, either by an Addition of such Lawes as shall appear unto you wanting, or Repealing such as hinder, I shall not question but mens spirits will be raised to such Experimenting of the principles of Ingenuity, as that wee may see this Common-wealth soon raised to her utmost fruitfullness and greatest glory. The particulars here are too many here to discourse at large; I shall therefore take boldness to present some few with some brief reasons to evince the same; and they are very great discouragements to the Ingenuous and Active Prosecution of the Improvements of the Nation. The first Prejudice is, That if a Tenant be at never so great paines or cost for the improvement of his Land, he doth thereby but occasion a greater Rack upon himself, or else invests his Land-Lord into his cost and labour gratis, or at best lies at his Land-Lords mercy for requitall; which occasions a neglect of all good Husbandry, to his own, the Land, the Land-Lord, and the Common-wealths suffering. Now this I humbly conceive may be removed, if there were a Law Inacted, by which every Land-Lord should be obliged, either to give him reasonable allowance for his clear Improvement, or else suffer him or his to enjoy it so much longer as till he hath had a proportionable requitall: As in Flanders and else where, in hiring Leases upon Improvement, if the Farmer Improve it to such a Rate above the present value, the Land-Lord gives either so many years purchase for it, or allowes him a part of it, or confirmes more time; of which the Tenant being secured, he would Act Ingenuity with violence as upon his own, and draw forth the Earth to yeeld her utmost fruitfullness, which once being wrought unto perfection, will easily be maintained and kept up at the height of fruitfullness, which will be the Common-wealths great advantage: Some Tenants have Advanced Land from Twenty pounds to Forty pounds per an. and depending upon the Land-Lords favour have been wip'd of all; and many Farmers by this uncertainty have been impoverished and left under great disgrace, which might as well have been advanced. The second Prejudice is against that great Improvement by floating Lands, which exposeth the Improver to sute of Law for Turning a Watercourse, by Millers or others, which are minded to molest the Improvement, although the Improvement be ten fold greater greaer than the Prejudice can be, and the Advantage be far more publique than the others pretended loss can be, yet few dare adventure upon the work, for fear of being sued or molested. Many great Improvements have been, and are to this day hindred and ly dead because the Miller cannot be compounded with at any rate; some I know, whose Improvements might be Ten-fold and more, the Millers Prejudice little, if any at all, because your exact husbands so clear all their boggy, low parts, and some time by their large draines break through many springs and issuing waters, that they carry a better stream unto the Miller than he had before, and his Improvement shall be able to supply a great part of the Country with Hay and Grass, where was before but little, and may be the Millars mill may be worth five or six pound per an. few worth ten, that usually stand upon these waters, and let him be damnified what ever he can, it is in no proportion to Common wealths loss to such an Improvement. The third Prejudice is, where all mens Land lie intermixed in Common Fields or Meddowes; The Ingenuous are disabled to the Improving theirs, because others will not, neither sometimes can the Improvement be made upon any, unless upon all joyntly, or else upon an unsupportable unsuppotable Charge or Burthen. As also the not cutting straight such watercourses, of such brookes and gutters that are exceeding crooked, which some that would cannot, because of others interest that will not, abundance of the best land in this Nation is hereby lost, and wonderfull Improvements hindered, the waters raised, the lands flouded, sheep rotted, and cattell spoyled, all by this neglect. The remedies to all the three aforesaid Prejudices, to resolve the greatest advantage to the Common-wealth, and then command them either unto a loving Conjunction in the Exchange and Improvement, or else disabling any one to hinder another that is desirous of it, giving such recompence for any dammage he shall make, as shall be adjudged reasonable by indifferent men, or competent Judges. A Fourth is Unlimited Commons, or Commoning without stint, upon any Heath, Moor, Forrest, or other Common; This is a great Prejudice to many poor men, both Cottiers and Land-Holders, who have not of their own to stock their Commons, and so lose all, that have least need, and for whom those Commons were chiefly intended: And also a great hindrance to all; for being without that, every man laies on at random, and as many as they can get, and so Overstock the same, that ordinarily they pine and starve their Goods therein; and once in four or five years you shall observe such a Rot of Sheep, that all that the Oppressor hath gained by eating out his poor Neighbours all the other years, is swept away in one, and so, little advantage redoundeth to any: So that many thousand Acres of Land are as it were useless, which were all men limited according to their Proportion of Land or Dwellings to which the Common is due, the poor that could not stock theirs, might set them, and reap some benefit by them: And were they easily stinted, their Commons might be as good as their own Severals to every man that hath an interest. A Fifth Prejudice is, A Law wanting to compell all men to kill their Wonts or Moales; the good Husband doth, and the slothfull man neglects it, and thereby raiseth such a Magazine or Nursery, that they cannot be destroyed, but as fast as one destroies them, the other nurseth a fresh supply spply to fill the Country: the Prejudice is greater than can be reported. The sixt Prejudice is the not compelling men to plant Wood where they do cut down, then to set again a treble proportion or more to what they do destroy, especially now so much of the gallant Wood of the Nation is exposed to sale: We forget that it is a mighty pillar in the upholding this poor Island, and how honorable a custom it is in other Nations, that look what Timber they cut down, they must plant five or ten times as much in stead thereof: And that all men might be compelled to plow their coarser, old mossy, rushy, bankie pasture Lands, being now fittest for it and will be bettered by it, and suffers for want of it, and the Country needs it, and none prejudiced: and for the best land every man left to his own liberty. A Seventh Prejudice is the want of a through searching of the Bowels of the Earth, a business more fit to be undertaken by the Honourable Representation of the whole Common-wealth, than by any particular man; Whence are all our Mines of Lead, Tinne, Iron, Coales, and Silver Mines in Wales, were they not once hid, and as uncertain as we are now certain of them? and what should hinder but that in many places else the like may be discovered? as suppose Coal in Northampton, Buckingham, and Oxf. Sh. what a great benefit to those Countries would it be? Nay, if some sorts of Stone could bee but found out in some other parts, what might it arise unto? Nay, say that either Marl, Chalk, or Lime, or some other fat Earth could be found in some other parts where they are wanting, how much would it inrich those parts? And who can say but Silver may as well be found in other places in Wales or other parts? I am sure that no man knowes but he that hath searched it, and the hundred thousand part of this Nation hath never yet been tryed. The Eighth Prejudice may be the many Watermills, which destroy abundance of gallant Land, by pounding up the water to that height, even to the very top of the ground, and above the naturall height, that it lyeth swelling, and soaking, and spewing, that it runneth very much land to a Bogg, or to mire, or else to Flagg and Rush, or Mareblab, which otherwise was as gallant land naturally as could be, I am confident many a thousand a year are thus destroyed, some mills worth above 10 or 12. pound per an. destroy lands worth 20.30. or 40. per an. I know it of my own knowledge, I had some few yeares since a Mill Dam in my land which destroyed one half of a gallant meaddow, meanes was used that it was removed, and that very land is returned to his perfect pureness again. I prescribe not the utter destruction of all, of some I do, and others to have their water brought to a lower gage, and where they are wanting, Wind-mills erected, as in all the Fen Country are no other, or else incouragement given to some that I am confident are able to discover a compleat way for grinding all sorts of Corn by the strength of horse and man as feasible as malt is. I am able to give some assistance my self to this work, but shall far prefer others thereto, A Gentleman that hath waded so deeply therein as hath discovered publiquely his modell at Lambeth deserveth great incouragement. And the last though not the least is the raign of many abominable Lusts, as Sloth and Idleness, with their Daughters, Drunkenness, Gaming, Licentious Liberty. Were not the greatest and best, and all men made to be usefull to the body? why continue many men as members cut off from it, as if they were made to consume it, are neither usefull in their bodies, minds, or purses to the common good? how comes City and Country to be filled with Drones and Rogues, our highwaies with hackers, and all places with sloth and wickedness? I say no more but pray some quickning Act to the execution of our Lawes against these worse than heathenish Abhominations. All which, with many more great annoyances annnoyances and Annusances (though some may think every man will be ready to remove, but we being under such a drowsie Age, that though each particular shall be advantaged as well as the whole body, yet it will not be indeavored as far as I am able to see into mens minds or practices) are no way possibly removeable, but by Your Honours either compelling them by acting Ingenuity themselves, or else so incouraging others that are desirous desirons thereof, that None may Prejudice Improvements, by denying any liberty for carrying on the Work, receiving reasonable satisfaction for the Dammage. To which if your Honours please to add but one thing more, to give your best incouragements to all ingenious honest-hearts, some such there are that have more within them than they can express, and many such you need, and the Common-wealth more, whom while you are carefull to countenance, from Hucksters and Impostors, God will either keep you or inable you to discover, but if any one can make A clear discovery of any new Invention for the advance of Lands, Trade or Merchandize, If your Honours please to confirm it to him for a season, to reinburse himself a little, it being unconceivable what some Ingenuous men run themselves out herein, I cannot see the least Prejudice to any, but a great incouragement to all, nor can I have the least glance homeward, though plain dealing be a jewell, I finding my poor plain principles will never reach the honour of an intire discovery, if I can either draw any thing to life out of the deep judgements or opinion of the more learned, and have out any thing to a profitable experiment from my own practice, and hereby gain opportunity to cast it as a Freewill Offering into the Common Wealths Treasury, as the best and all I have to give, is my utmost Emulation. All which humble Proposals, though Unbeseeming me to present, yet a hope will not be thought Unworthy the grave and serious Consideration of Your Honours Wisedome, as being so much conducing to Publique Welfare, in which you are all ingaged; to whom in this your Publique Welfare, in which you are all ingaged; to whom in this your publique relation, I have said so much as I must humbly beg your Honours pardon, and shall say no more because in the succeeding Epistles your particular advantages will be cleared, and in the discourse at large your selves discovered to be as much discovered to be as much concerned and as capeable (in the common-wealths advantage) of as great if not greater Improvement upon all your own particular Estates as any, which I leave before you untill the fittest season for your Lordships Consideration and actings, as may seem to you most conducing to the good of all Concernments. The All-wise God guid you in your great Affaires, and make you gloriously Instrumentall to the prosperity of the Nations; These are and shall be the uncessant and Earnest desires of I Shall here through thy good acceptance of my former mean Peece, and earnest Importunity for the shaddowes or Pictures of those severall Tooles I offered, and some other particular additionall waies of Improvement I promised to discover, present them all unto thee if God shall please to assist it to the Compleatment; wherein I shall a little by way of Reparation in some parts underbuild, and some lean to, or less necessary, quite pull down of the old work, and yet not deface it neither, although by my hands it will never be uniformable, onely may be wholsome and keep warm in Winter: I shall therefore forbear to mention here any of the particulars therein handled, but refer thee to the Book it self; yet shall let them know (besides some illustrations upon some of the former passages) I shall clear my promise in all particulars as to the Land Improvement, & give in as clear a discovery of the Tooles as I can in their severall figures. And by way of Addition, or as second part, I shall hold forth how thou maiest make great, and may be greater Improvements than have as yet been usually made in England upon thy Lands divers other waies. As First, in the Mystery of Planting all sorts of fruits, with the speediest raising them to perfection. Secondly I shall endeavour the facilitating the great weight and burthen of the Plough, and give you the description of some formes most suitable unto ease and speed, and hope thereby to take off a considerable strength and charge from the Husbandmans daily toil. Thirdly, give in the best experienced way of planting plauting Hemp and Flax, Rape and Cole-seed, Oad, Hops, Saffron, Licorish, and some other of our English wealth. Fourthly, I shall endeavour to discover by what meanes we may possible raise the benefit of the Clover grasse, St. Foine La-lucerne to the nearest president to France and Flanders, for worth and quality, as our English climate and best husbandly experience will admit. And Lastly, shall take boldness, with my good friend M. Samuell Hartlips leave, to paraphrase a little upon most of those deficiencies in husbandry which his friend charges us withall, of which we have more than a good many, and not so few as he speakes of, and reduce so many of them that I have not spoke to already in my first Edition, unto Practicall husbandry that fall under any of my experiences (which though they bee but coarse and mean, yet have been gained hardly, by many toilsome tedious Journeyes, and very great and large expences) and for the further light and help to the clear understanding of the Mystery of Improvement (for so I call it, and so it will be found when thou commest to the reall practise of it, and may be more mysterious then thy principles, customes, and experience will reach unto) I would direct thee a little to consider, what hath been written in this kind by former gallant Instruments worthy of perpetuall honour. Mr. Markham did excellently for his time, so did Mr. Gouge in his Husbandry; Mr. Tuffer rimes out his experiences to good purpose, and in all their bookes thou maist find out many things worth thy observation. Sir Francis Bacons Naturall History is worthy high esteem, it is full of rarities and true Philosophy, Sir Hugh Plats Adams art revived is of good report, I never yet could gain the sight of it, though Mr Gabrell Plats discovery of hidden Treasure is very ingenuous, and could'st thou but fathom his corn-setting Engine, and clear it to thine own and others apprehensions, it would be of excellent use without question: but for the Country Farmer Translated out of French, with some two or three other little books, I can find but little Edification or Addition to our own English experiences, what other men can find out of them I know not, but leave to thee to discover, but for the rest they have been a great and clear light to our Horizon: yet among some of them, one is worthy reprehension, which is their large observations of season: signes and planets, forgetting God the maker of them and blesser of all things, as if Seeds, Herbs and Plants were to be sowen in the Moon or Planets, which should they be observed they had need produce a double profit, because not half of any would be sow'd or planted. These times have let in so much light as will discover the vanity hereof. But I must not forget Mr Samuell Hartlips peeces lately put forth as discoveries made to him of great advancements other Countries have made unto themselves thereby, both which in some particulars are naturall, and suitable, and experimentall in this Nation, and of great advantage, and merit high esteem from all, and in other particulars I know not but why most of them also may be so applied and experimented too, as to raise a good, commendable, and profitable advantage if they fall into the hands of ingenuous husbandry. I have therefore endeavoured to make my thoughts as legible as I can concerning them, as well as all other the aforesaid, though not to so good purpose as I should, yet to provoke the more Ingenuous to correct them to their own advantage, although I shall render my self subject to various opinions, and though doggs bark I pass not, if the Ingenuous Reader will not condemn before hearing: my design shall not be to contend against former mistakes, New discoveries will admit some of them; but I shall perswade all men to a thorough triall of what they find most probably advantageous unto them: And what by my self shall be here held forth are most of them experimented to thy hand at my proper cost and charge without the assistance of any other purse or person, & so visible that thy own eyes shall be thy Judges, and the rest shall be so clearly held forth by irrefragable demonstration and evident conviction of the places where, and the persons by whom, as thou needest not scruple; it is time, the world is full of conceits and phantasies, nor can my self challenge immunity there from; yea reason it self hath neer beguiled me till Experience hath concluded the question: And there is a naughty generation of men that have brought an ill report upon Ingenuity through their pretences of great abilities in Enginreeship, and great experience of raising and drawing water, floating lands, oyling corn, advising strange compositions for Seed and Land, pretending great advantages by Chimistry, yet have or could not bring forth the fruit of their great undertakings, some through want of meanes to accomplish their work, not wisely forecasting at first what it would cost; others indigent in their principles, having seen or done something, therefore thought they could doe all things; and others through a base spirit of deceit, and may be some for want of Patience to try the issue: all which have brought a scandall upon Ingenuity. Though I verily beleeve much may be done by many of the aforesaid meanes, and more will be discovered by unthought of waies, many men having so good inventions and very able to advise great things for the Common-wealths advantage, yet may not be able of themselves to bring forth the same to publique experience; such may and do deserve some publique incouragement. A base privacy of Spirit hath so tainted us that few can vouchsafe publique service any publique honour, nor publique Instruments a publique recompence: Yet still look thou out to duty, charge not Ingenuity as an innovation, but act vigorously in thy station; good husbandry is as the sinnews and marrow that holds together the joynts of common good; all workmanship without Invention resolves it self into the workmans belly; for though a new world hath been of late discovered, yet there is not an occupation or trade of finding them, nor are our English people very active in searching after them; Study Improvements, which though they may not be said to be either Father or Mother to Plenty, yet it is the Midwife that facilitates the birth. See what shiftings people make for livelihood, how many severall callings doe men make, and yet unmake the main: The exercising exereising these projections accompanied with a blessing (if I may so call them without offence) will open a way to the relief of thousands. The Common-wealth is low, and misery and penury will follow if we do not rouze the sluggard, and post after Industry, pursue all advantages of Improvement whatsoever: It is a great argument to quicken me to the more speedy publication of this third Edition, & the rest of the new additions to it; & though I here hold forth most of my own experiences, & may be said to be a Trumpeter of my own praise, yet if thou wilt but consider, First, that many of these particulars have been wrought as particular Rules or instructions to private friends as my own experiences, & to alter them will make so great an alteration in the whole, as my present occasions wil not suffer. And Secondly, because I find so great abuse by some mens high affirmations, proving but conjectures, as hath brought Ingenuity under the scandal of projects & new devises, which men will scorn to deem them so when they are made experiments. And thirdly, because the subject, though poor & plain to be discoursed, and great proof made thereof to good perfection, yet when thou commest to the thorough practise thereof, thou shalt find it so ambiguous, as notwithstanding, all my allusions to my own experience will be little enough, and then thou wilt excuse me. And could the Authour have been thus supplied, it is great odds whether this Peece had rendered it self unto the hæzzard of acceptance or disgrace in so rude a manner; I should have added much more, but that the Epistle might have swelled into a volume, and therefore chose rather to divide what I had to have spoke to the particular rankes of men whom it most concernes, and so have distributed to each a portion as I conceived most suitable to work their spirits into a flexibleeness of practise and acceptance, which if they set unto experimenting, I hope they will raise such fruit thereby, as to witness to, or be Credentialls of my Frontispeece. Although I indeavour so mainly to work my Improvements out of the Belly of the Earth, yet am I neither of the Diggers mind, nor shall I imitate their practice, for though the poor are or ought to have advantage upon the Commons, yet I question whether they as a society gathered together from all parts of the Nation could claim a right to any particular Common: And for their practice, if there be not thousands of places more capable of Improvement than theirs, and that by many easier waies, and to far greater advantages, I will lay down the Bucklers: Nor shal I countenance the Level principles of Parity or Equality, which they seem to urge from the begining, till I see the heads of Families and Tribes, Judges and Governors, Lords and Princes of whole Countries, blotted out of the first or succeeding generation; unless they bring us to the new Jerusalem, or bring it down to us, when we shall not need to trouble our selves about greater or lesser, or any distinction of person, places, or estates, any more, but this Parity is all I endeavour, to make the poor rich, and the rich richer, and all to live of the labour of their own hands. And thus clearly demonstrating what I have premised, I hold my self disobliged in all my promises, except in this which will be fitter to be presented in a Volume of it self, after some good proof given to the world of thy industry in improving thy lands lauds , viz. Some speciall directions when thy Lands are improved, how to use them or stock them to the best advantage of the Common-wealth and thy profit, and therein shall indeavour these five or six particulars, First to hold forth the best way or meanes of breeding or rearing all sorts of cattle, sheep, beasts, or Horse. Secondly, to shew the way of Cow-keeping, Dayrying, or raising most Cheese and Butter. And thirdly the waies of Grazing and feeding all sorts of Cattell; All which are three staple Advantages of the Nation, and will hold hands with Tillage, Corning, Trade, and Merchandize; and shall add, Fourthly how to raise a great advantage out of Goates and Conneys, for your harder stocking Lands, and some two or three more particulars, that thou maiest not be wanting in the usage of thy land as well as in the Improvement of it, and it shall strive excedingly to dismystery them all; and in the fift and last place shall proportion all with the most suitableness I can to those severall lands by which they may advance the highest profit and greatest increase, and all as largely and plainly discovered, as I am able. By a wellwisher Of prosperity to each self, which is the Common Wealth, IT may be thought strange to direct an Epistle of this nature to you, as conceived by most, least capable of being Instrumentall of advancing the common good in this nature; yet knowing strange things are wrought by contraries, and finding the best husbands (through my observance) among those who have been least conversant therein, have not the least hopes of you; yet from a Principle of charity too, lest that your learning your fingers to fight, and discontinuance of your callings, might disuse your bodies and minds so from labour, as to discourage you from your callings, have thought fit to let you know, You also may be very capable to doe good service to your present Generation in this design: And though many say you are more likely to lengthen out the War to prevent Improvements, I am of better hope, and sure, that the Armies late progresses have manifested the contrary, yet I shall humbly take the boldness to press your speeding as full an end thereto as you are able, both for your own good, and these Reasons. 1 Because of the gooness and welcomness of a Calm after a Storm, no less will be a setled Peace after so great a War, and a little breathing will recover strength and spirits. 2 Because you need not fear want of good Imployment afterward: This piece will open many doores for that, and I am confident Activity and Ingenuity will much inlarge our Quarters, and make this Nation Rehoboth, and with good husbandry indeed would more comfortably maintain hundreds of thousands more than are allready born, and I hope you will learn to hate Idleness wholly, as love Liberty dearly. 3 And lastly, because your selves are interested and possessed of many lands, and those such too as will admit of great Improvement with wise management, and some of them as great as by this discourse is here proposed; and though you may conceive your late lands designed for your pay were highly surveied, and to all advantages to raise them, yet those advantages of Improvement were not to be considered, nor indeed could be discovered by them which understood them not; nor was any of them purchased at any other rate than the present value to be then set and let to present Tenants; which Lands are as full of vast Improvements as any lands in England: for all which causes I need press no more, but in the honour I bear to a Souldiers name, which God himself hath honoured by stiling himself a Man of War, although I take no pleasure in War, otherwise than in submission to Gods will, and the accomplishment thereof, which is not to be resisted or repined at for the satisfaction of our inclination to ease, peace, or rest; upon this account or any other, I beseech you (so long as necessities command you to it) to preserve alway a good Conscience within; for although hopes of Victory without may carry man through great hardships, yet your peace with God reaches up to heaven, and cannot be scaled with Ladders, nor undermined with batteries, being founded upon a Rock, nor starved with famine, a good Conscience being a continuall Feast. Mr. Fuller in his holy War gives this description of a good souldier, That he that is most couragious in War, is quiet and painfull in Peace, and comfortably betakes himself to his calling: The wielding of the sword hath not made his Spirit unwieldy for his private Calling. And I having this opportunity to distribute this mean peece into nnto the World, thought good to offer a Portion amongst you the Honourable Souldiery, as for Edification how you may turn Improvers too, also humbly to desire your assistance in the work so far as in you lieth, to remove some grievances and Impediments of the Common-wealths advantage, largely discovered in the other Epistles, which brevity causes me to omit, and so no more but humbly pray you study how to serve your present generation in extolling Gods glory, endeavouring the common-good, and in the interim abandon privacy of spirit. Remember Christs Counsell, view the promised Land, and rejoyce to think of that day when your swords shall be turned into Ploughshares, your speares into pruning hooks, and Christ only be exalted in the Earth, and you brought back again to sit under your own vines and figtrees, eating the of fruit your own labours, and enjoy one another in Peace; which once accomplished, here is cut out work for you, some to till the Land, and others to feed the Cattell, as from the beginning, so will this be the lasting Improvement. Then will the God of Peace keep them in perfect Peace, whose minds are stayed on him, And Emanuell will break in pieces all that gather against him, which is the Confidence and full Expectance of A true Friend to thee, as thou to all, Thine upon the publique score TO you of all others I might spare this thit paines, you the very practitioners, you that trade in Husbandry, of some of you I have high things to report, both for your industry and activity; and though I am confident all men are thirsty enough after profit and increase, yet few studiously industrious in this design; though some esteem it matter of greatest moment, yet you will not all be found patronizers hereof; there is such a scandall and prejudice among many of you against new projections, that I shall beseech you to take a loving admonition in two or three particulars, The first is an Epidemicall disease (and little less are the succeeding) and it is a great mischief to your selves and the Common-wealth, and that is such an immoderate plowing your land; some plow far more than they can Til or Manure, and others all they have in common, though never so much, others plowing so oft and low, that they draw out the marrow of it, and these are the great Improverishers of your gallant old pasture, though fit enough to plow, & might be best advanced thereby with moderation; but into both these extremes men are so apt to run so fast, that I desire to stop their course a little, and shall make bold to tell them, that when half or one third part of so much land as many of you Till, shall with that very soyl, and half the labour and seed saved, yeeld you as much corn as all that great quantity scramblingly husbanded, that then you are ill husbands; which you wil confess if that you wil but grant me that which no man wil deny, that one Acre purely husbandryed (and what need any be otherwise, or any break up more than he is able well to compass) will be as good as two or three in many mens ordinary practise, but in some of your whole-sale husbandmen that plow all before them, four or five Acres will not ballance one purely husbanded, then judge so much land preserved from impoverishment, so much seed and cost preserved, and yet as great increase, whether the opposite actors be not enemies to themselves, families and Common-wealth. The second abuse is want of good tillage, wee lose our hopes excedingly by this; and herein we must both have respect to season, land, and corn; for good seasons at all times cannot be expected, yet of two evills chuse the least. I am confident better sometimes lose the land, than land, seed, and all your labour, as many do that outslip the season: but for prevention, begin earlier; I am confident though it may admit of some inconveniencies sometimes, yet at other times is out of question, but generally both Summer and Winter seedtime carries it away, sure it hath these advantages, that if it prosper not, you may sow it again, or if the latter part of seed time at Michaelmas time prove wet, you are well, having sowed before, or the latter part of seed-time in the Spring prove dry, as most oft it doth, you have prevented that, and what is the great danger of growing proud in Winter, that is to mee a vertue, and if in the Spring, it is easily taken down also; and if thou fearest weeds, I am of opinion that the stronger and thicker any corn is, it preserves it self the best from weeds; but there is a Medium in all things, too thick sowing may be as bad, but this ever observe, that the earlier thou sowest, the thinner thou maiest sow thy winter corn, and summer too, if the season be good, and land dry and sound: And secondly, to your land you must have respect too, Land in good tilth, in good heart and sound, in a good season, will out-cast its very marrow, through the Lords blessing expect fruit enough: Men much wrong their corn in not giving their Lands sufficient workmanship, I am not precise in the number of Plowing nor Harrowing, but just so much and no more than preserves the Land from weedes, and best brings the land into such a composition that your land mould well. I shall not justify the old Proverb, here, No balkes no corn, I say not balkes, all corn, even cleanly plowing is most commendable and most profitable; to some grain more tilage, to some less is required, yet to none no less than may both cover well and yield good bottome and rooting to the Corn. And thirdly for your Corn, some graines require more tillage, others less; some will better bear a drier season, some a wetter; some grain more subject to one weed than to another, some grain will do best with two summers, and others with one: In all which consider and advise thy self as much as thou canst of the nature of them all, and make out what experiences thou canst thy self, and somewhat incline to the most ingenuous usage and custome of thy Country. In some cases a good custome is instructive; but I'll be brief here, that I may be a little larger elsewhere following. The fourth and last abuse is a calumniating and depraving every new Invention; of this most culpable are your mouldy old leavened husbandmen, who themselves and their forefathers have been accustomed to such a course of husbandry as they will practise, and no other, their resolution is so fixed, no issues or events whatsoever shall change them, if their neighbour hath as much corn of one Acre as they of two upon the same land, or if another plow the same land for strength and nature, with two horses and one man, as well as he, and have as good corn, as he hath been used with four horse and two men, yet so he will continue: Or if an Improvement be discovered to him and all his neighbours, hee'l oppose it and degrade it; What forsooth saith he, who taught you more wit than your forefathers, would they have neglected so great advantage if there had been any? they kept good hospitality, and made shift to breed up many children, &c. and I know not what simple chaff to blind themselves; this proud unteachable spirit an ingenious man abhorrs, which banes and poysons the very plenty of our Nation. These prejudices both upon your minds and practises which boult you out from wealth and glory, my dear friends and fellow husbandmen, I pray you lay aside, and doe but in charity walk with me a little through this discourse, and I shall hope to satisfy that there is no other end but common good proposed, The poor, thy posterity, and all Interest advantage here intended by him that is as studious of thine, the Common wealths Improvement, as his own."
"To the Right Honorable the Lord Generall Cromwell, and the Right Honorable the Lord President, and the rest of that most Honorable Society of the Councill of STATE."
"The English improver improved or the Survey of husbandry surveyed [...]"
"I Expect so little credit will be given the Title, that, should I be large on the Subject, I question whether it would be esteemed worth perusal: And having propounded so great advantage by erecting Banks, I conceive it proper first to give You some hints of the nature of them. A Banke is a certain number of sufficient men of Credit and Estates joyned together in a stock, as it were for keeping several mens Cash in one Treasury, and letting out imaginary money at Interest, for 3. or more in the hundred per annum , to Trades-men or others, that agree with them for the same, and making payment thereof by Assignation, passing each mans Accompt from one to another, yet paying little money: Insomuch, that if a Merchant or other person want money, if he hath or can procure credit in Banke, he may make as good payment by Assignment in Banke without it: As for Example, the said Merchant buyes Cloth of a Clothier for 100l. value more or less, and goes with him to the Banke, where he is Debtor for so much as he takes up, and the Clothier is made Creditor for so much as he sold his Goods for to the said Merchant: Then such Clothier having occasion to pay money to a Stapler or Wool-monger for wool bought, the said Clothier is made Debitor, and the Wool-monger Creditor upon account, the said Wool-monger buyes wool from a Countrey Farmer, for so much money more or less, so the Wool-monger is made Debtor and the Farmer Creditor; the Farmer must pay Rent to his Landlord, and is likewise made Debtor and his Landlord Creditor; the said Landlord for his occasions buyes goods of a Mercer, Grocer, Vintner, or the like, or from all, then he is made Debtor, and such Mercer or other Trades-man Creditor; then peradventure such Mercer or other Trades-man buyes goods from the same Merchant that took up the first credit in Banke, and stands yet Debtor there, but upon sale of his goods to the Mercer or other Trades-man, both clears their accounts in Banke. And so in all Trades, as occasion presents. These Bankes in the several parts of Europe where erected, being so held by Merchants and others, joyned together in a stock, and credited by the monies brought in thereunto (which money for the most part there remaining, and payments being made upon the credit thereof by assignment in Banke as aforesaid) might as well be done here onely upon the credits of Landed men, whereof they have few in Holland, and in other parts, lying convenient for Trade; where Land is, the Owners thereof are seldome found to be Merchants: So that England (if but sensible of it) hath an advantage of all parts in the world, as lying in the centre of the Trade of Europe, enjoying safe and commodious Harbours, wanting few necessaries, no Lands nor persons naturally inclined to Trade, if not discouraged by great Customes, Excise, and the abuses in Collecting it, and by the want of stock, or a supply thereof at reasonable Interest. To free England of these inconveniencies, and supply it with a stock for Trade, as great as shall be requisite, without bringing in more Bullion, it may be done three manner of wayes, never yet practised in Europe, and the whole profits thereof (which will be considerable) be also converted to His Majesties Revenue for defraying the publique charge of his Kingdom, in case His Majesty and Parliament shall think fit to erect either of these following kind of Bankes, for the accommodation of Trade, in the most proper places of England; assigning to each a proportionable division of the Countrey adjoyning, where all mens Estates in lands, houses or rents, either for Lease of years, Lives or in Fee, may be registred; as also all morgages, claims or other interests pretended thereunto, with morgages or purchases at any time to be made thereupon. This may be done, so as all fraudulent Conveyances may be prevented, and yet no mans Estate be discovered more than at present: For if the propriety be found to be in A by the Register, its no matter though B be the true proprietor, for then A can wrong none but B, who hath intrusted him; or if B be doubtful to trust A, and yet desire to conceal his Estate, which he cannot well do without him, B himself may own the Estate, and allow A to enter a Morgage to (or near) the value, and take his defeizance for the same: so that in this case A cannot cheat B if he would, nor either of them any other, though both should combine therein. That the said places for Bankes being established, Estates registred, and a Survey taken of such Estates, whereby the value may not be entred above its real worth. Any persons may be admitted to have credit in Banke, for any summe safely to be lent under the value of his Estate, without other security or ceremony of Conveyances, than the hand and consent of such person as is the proprietor, he paying Interest for the same at 4. per cent. per ann. quarterly into the said Office. This Survey may be taken by a Jury in every Parish, and delivered to the Sheriff of the County, or at the Banke upon Oath, and will be done with a small charge to His Majesty, and in little time. First then, to effect the end aforesaid, it may be done without money, by a Law enjoyning all payments to be made in Banke of any summe above 20l. sterling, for all lands, goods and merchandizes sold whatsoever, which is done voluntary in other parts, where Bankes are erected by almost all persons, who find both ease and accommodation thereby, and the Bankes here (like those in forreign parts) will be and serve as a general or National Cashkeeper of all mens moneys and accounts, transferring them from one person and Countrey to another with much facility, not onely preventing the danger of Robbery, but the trouble of counting, and loss in receiving clipt and bad money, which is the cause that payments made in Banke are generally esteemed better than in specie by ten shillings in an hundred pound; which would have the like esteem in England, were Bankes once erected. At first erecting Bankes in Holland, all local payments were enjoyned to be made in this manner, but the ease and accommodation being found thereby, it became a most voluntary act, as it doth at this day continue, to the great enriching that Countrey. The second Expedient is, without any Imposition, leaving all persons free to take or make payment, either in Banke, or by money in specie ; which will, I presume, bring in the same advantage to His Majesties Revenue; but not properly be erected without two millions of money; but if once setled would out of the same produce a million per annum profit, and stand alwayes as a constant increasing Revenue: For, by computation there is yearly paid in England for Interest Bottomree, and other kinds of Usury, two millions; for which should all Usurers call in their principal, it would amount unto thirty five millions; when there hath been but twenty two millions coyned in England in and since the Reign of King Edward the Sixt, both in Gold and Silver, which, I presume, is at least one half exported, whorded up, or melted down; and allowing the Usurous propriety to be the moyetie in all Coyn passing from one hand to another, it must necessarily follow, that all the said great Revenue is brought into them by five millions and an half real sterling money; which is no Paradox, considering that all monies, though passing but through the hands of Usurers, doth yield to each of them the full yearly Interest; which may be done for one and the same summe of monies ten times in twelve moneths; moreover by the money brought into Banke, (which under the setled Government of so hopeful a Prince will be undoubtedly most that shall be imployed in Trade) why may not His Majesty make a profit thereof as well as the States of Holland, which doth let out the same at Interest, as they have done great summes in England, and yet support a much greater Bank without Land upon their credits onely, it being generally conceived that they have not at any time in ready Cash the tenth part of what the Banke stands Debtor for to private persons, although they abound in money for want of Land to purchase. The two Millions herein mentioned, is intended for the payment of all such as desire their money out of Banke, for its presum'd such there will be, and such a Banke as this must have money alwayes ready; for the being punctual in payment will so credit the Banke, that most will keep their Cash therein for their own advantage. The third is such a Bank as may conveniently be erected both of money and credit with a less summe, setting Interest at such differing rates, as in time may invite all men to esteem credit as good as money, which is accounted better in forreign parts, as in truth it is, though seemingly otherwise; which disparity will be at all times reconciled by an Exchange or kind of Brokerage, like that of Plate and Black-money, where currant; which several kinds of Bankes having no President, I shall not presume to prefer either as most proper, but submit them all with confidence, that the worst of them will prove of great use and advantage to England, if once erected. In this way the Banke will not be prejudiced for want of money, but be supplied with Bills, which may by a Sovereign stamp be allowed to pass in a City or County instead of money, and be returned within a year, so that by setting a lower Interest thereon, will cause it to be equal in esteem with real money. That all Merchants that have no Estates real in Lands or Leases as aforesaid, may also have credit in Banke, upon depositing any Goods (not perishable) of an equivalent value in his Majesties Ware-house, in every Port or other place where such Bank shall be erected; and that any person having monies in Cash or in Bank in one place, desiring to have it transferred for his accommodation, and to have it again either in Cash or in Banke in another, may be accommodated, allowing onely 10s. for every hundred pounds so exchanged or remitted. That every the aforesaid Bankes may furnish another petty Banke (or Mount) of Charity with a competent stock, to lend any summe under ten pounds upon Pawns at a reasonable Interest, for the accommodation of poor people and others desiring the same. And that the persons put in to govern in these Banks may have the management of all other publick receipts within their several districts, which will lessen the publick charge: And if such Banks are found to be advantageous, others may be also erected in Scotland and Ireland in like manner, for the accommodation of those there resident, as well as others living in England and trading thither. The foundation foundati of these Banks being Land, will be esteemed (as in truth they are) the most secure in Europe, for that every Creditor will be sure of land in case the Bank should fail of money, and neither His Majesty nor Officer will be intrusted, but the Estate of one man Debtor to another. By the help of these Banks his Majesty or Kingdom shall have credit at any time (wanting monies) either in England or in forreign parts, for a million, without engaging private persons for the same. It will adde to the reputation and honour of this Kingdom, and render it more in esteem with forreign States and Princes, by so much as the Trade and wealth of England will thereby increase, and consequently the strength at Sea by the many ships which will be more imployed. It will bring into his Majesties Revenue all the Interest money paid in England, and money paid on Bottomree to Scriveners and others, which at 6 per cent. amounts unto by computation yearly two millions; and when to be had at 4 per cent. will be one million three hundred and thirty thousand pounds per ann. It will also bring in a profit by the persons that now deal for time, who will then get credit in Banke, and pay ready money for their Commodities, which by computation are now bought upon credit to the value of five millions yearly, the Interest whereof at 4 per cent. will amount unto two hundred thousand pounds per ann. Moreover, all Merchants that usually keep unvendible goods by them, as a dead stock upon their hands, will take up credit in Banke thereupon for continuing their Trade, of which goods there is by a like computation at all times remaining as a Drug on the hands of Merchants the value of four millions, which at 4 per cent. is one hundred and sixty thousand pounds per ann. Also when there is a certain conveyance by Exchange of money (or by imaginary money) from one place to another at so easie a rate as 10s. for an hundred pounds, no person will then adventure to carry any summe considerable, though but a dayes journy, considering the having it in Banke will be esteemed worth so much in the hundred, the profit of which remittances cannot amount unto lesse yearly than thirty thousand pounds. By the petty Bankes to be erected, when money will be had at easie rates, and without charge or trouble of Bonds and personal security, the numerous (though small summes) to be taken up, will, I presume, yeeld profit to Bank ten thousand pounds per ann. The Revenue estimated that this will bring in to His Majesties Revenue is one million seven hundred and thirty thousand pounds per ann. which will not cost in managing twenty thousand pound per ann. which is four times as much as is made of Customs and Excise of goods brought into and exported from England: Besides this Kingdom will so flourish under a free Trade, that it will soon become the Mart or Emporium of Europe for all forreign commerce. And this Revenue being supported by Trade, and a supporter of Trades will by an ingenious management accordingly be improved. By registering all Estates, every mans title will appear in reallity what it is, and many controversies and suits in Law be prevented. It will very much advance the price of Land, and preserve many Families from being ruined by the extortion of Usurers, and yet make the Usurers gainers also. The Nation may by degrees (as the Revenue doth increase) be eased of all Taxes, at least Excise may forthwith be taken away from all Forreign goods, and Custom also where its found a burthen on Trade, if this Revenue (or profit of these Bankes) doth amount unto but the one sixt part of the summe estimated; so that England will flourish under a free Trade, to the encouragement of Merchandizing, the building of Shipping, and support of Navigation. By the benefits of Bankes most ingenious men will be furnished with stock to trade at small Interest, and honest and able men be supported in their credits. It will make English Merchants capable to engross the commodities of another Countrey, and withhold it from others, as the Dutch do at present from us by the help of their Bankes. It will procure English Merchants credit in foreign parts, or in forreign Bankes to buy any commodity there without money, as well or better than with money, and upon as good terms as the Hollander or any others. By taking away the duties from forreign Goods brought into England, we may (by a prudent management) get the Duties taken off from English Manufactures in forreign parts, and by that means under-sell all others, which the Hollander will not be able to prevent nor obtain themselves. It will in fine increase Trade, Trade will increase wealth, wealth and Trade will encourage our native manufacture, and all will imploy the poor, and I doubt not but in few years it will make England the Staple of Commerce, as Holland is at present. I have not given so plain a demonstration, nor reasons on the particulars of either of these Banks, as the subject indeed more proper for debate, and sufficient for a large Volume, requires; neither have I spoken any thing in defence of the many Objections which may seem to arise and Eclipse the utility thereof, presuming that no rational person will prejudge therein, till I have had command to answer his Objections, which I doubt not but to be satisfactory in, humbly conceiving that what I have in short hinted at, will be understood and amplified by the more ingenuous: I shall therefore conclude it with saying, that were this manner of Banking practicable in Holland, or that if the Hollander were possessed of England, they would by this means soon become Masters of all the Trade in the World. I presume, none will deny but that Trade ought to be considered, as well with respect had to publick as private interest; and therefore, I hope I shall be held excused for my Opinion, in holding that Forraigners ought to have the like priviledges with Natives, both Trading in English shipping, which I conceive to be the best Expedient to make the Exports of England, exceed the Imports, without which this Kingdom cannot be richer then it is, and since every particular will in some measure be concerned within the general good of Trade, I shall presume to hint how far, (and with what restraint) it ought to be encouraged: First, for Exportation of our native Commodities, such as Lead, Tin, Wax, &c. of little or no workmanship; England cannot be too liberal in, nor grant too many immunities and priviledges, (though to her very Enemies) that may encourage the sending out of all Manufactures perfectly wrought up and Fabricated: regard being had to Wools, Timber and Leather, which in no respects ought to be Exported. Secondly, for Importing of forraign Goods, such as Linnen, Sugars, Raw-silk, &c. which we stand in need of. It ought not neither to be discouraged by Impositions, though otherwise it be proper, to lay convenient duties on such Commodities Imported, as obstruct the sale of our own Manufactures; whereby to hold a Ballance in Trade without prohibiting forraign Goods, which if we once do, other Nations will do the like by us; and so obstruct our Trade in General. Thirdly, for Transportation of such forraign Commodities, as are first Imported, (if done in English shipping) it will prove a great help to the over-Ballance of Trade, and therefore ought to have the like due encouragement with a reasonable respect shewn to forraign Vessels, though not equal to our own. In all which three respects, England might have advantage of all the World, and by industry (under good Lawes) soon become the Mart of Europe, by reason of its scituation surrounded by the Sea; the safeness of her harbours and superfluities of sundry Commodities which other Nations stand in need of, which would be the sooner effected, were these ten particulars observed, there being many others also worthy, which I omit at present. 1. By Imposing all duties to be paid alike, upon all Goods, by all persons, the difference to be only upon Commodities Imported or Exported in forraign Bottoms, (viz.) ships not built in England, and sailed by English Marriners. 2. By permitting all people of forraign Nations to Live, Purchase and Trade freely amongst us, whereby most of them will soon become profitable Natives, and bestow their wealth brought hither or here gotten, in Lands for their posterity; which the present Lawes of England compels them to Export, to the great inriching of forraign parts, and impoverishing of this Nation. 3. By using all waies of encouragement to advance the Fishing imployment, and His Majesties assuming His Prerogative of being Lord of the Brittish Ocean, which by the most ancient prescription ever belonged as Rightly due to the Kings of England; so that by prohibiting others to Fish on our Coast, and improving the same to this Nation, it will soon become of more worth to England, then the West Indies are to the Kingdom of Spain. 4. By encouraging new Manufactures and profitable inventions with due rewards and priviledges, which will bring artificers from forraign parts, and in time (by industry) make all Arts common amongst us; wherein we come much short of other Countries, to the disadvantage of our own. 5. By erecting a standing Committee of Trade, whose correspondencie should reach over all Trading parts of the World; the effect whereof will not only inable them the better to contain the improvement of Trade here: but also to prevent many inconveniences that have late fallen on England by the undermining actings of forraign Nations, who have robbed us both of our Money and Trade, for want of a timely remedy. 6. By Constituting a Court of Merchants, where all Merchants and Merchant-like causes and differences may be Summarily decided. 7. By using meanes to encrease the general stock of England, either in raising the value of money for incouraging it to be Imported, (which I will not much commend) but rather do incourage the supplying it imaginary upon the Credit of Lands, to passe in payment by assignment in Bank as aforesaid, one of which is absolutely necessary in order to the increase of Trade in this Kingdom. 8. By taking away Excise from all Imported Goods, or at least forthwith to produce the same under the management of the customs (whereby to take off the superfluous number of officers,) it being but a small advance to the revenue, and an intollerable burthen on Trade, in the way its now managed. 9. By lightning the duty of customs, especially on Goods Exported and Manufactured here in England, and so regulating the Book of Rates made for payment thereof; that in few or no particulars the Rates exceed what is paid for the like Commodities in Holland. 10. By granting a free Transportation of forragin Commodities with little or no customs detained for the same, whereby Goods here Imported may go out without being loaded with impositions, and find a market in forraign parts to the same advantage, which will make England the Magazen or store-house of Europe. Each of these ten particulars deserves to be more amply set forth, but I have been short in this as in the former, submitting it also to the ingenious Reader to Paraphrase thereon, taking only to set forth how much the putting them in use will decrease the Revenue. There being nothing in this whole discourse that reflects on the Revenue, but the taking away Excise from forraign Goods usually amounting to 175000l. per annum , and the granting a free Transportation thereof, 19000l. per annum , which is in all 194000l. per annum , which doth cost in managing 35000l. per annum , so the real decrease is but 159000l. yearly, which I am bold to affirm puts the whole Nation to as much Charge, by the trouble and other inconveniences of keeping a greater number of servants to attend the several Offices; the fetching of Tickets, and the interruption of the (too many) Excise Officers in the improper manner its now collected, which summe so expended would be otherwise imployed in Trade; and His Majesty, I presume, might have as much advantage by a reasonable Custom out of the returns made thereof, which would be then really paid, for that none will hazard their Goods, but all make due entries; so that the continuing those Duties fills the Chests in the Exchequer, as water doth a vessel, being poured in at the Specket whilst it runs out at the Bung."
"AN EXPEDIENT For taking away all Impositions, and raising a Revenue without TAXES, By Erecting Bankes for the Encouragement of TRADE."
"An expedient for taking away all impositions, and for raising a revenue without taxes [...]"
"IN your last, I received two Letters in Print, Concerning the East-IndiaCompany; which, considering that you have been acquainted, how great a part of my Estate is entrusted to that Society, I cannot but take it as a Friendly Advertisement; for which, be pleased to accept my Hearty Thanks. And I assure you, whatever my Sentiments are of the affair, I do and shall own it for an evident Demonstration of your Affection, that in the midst of your great Affairs, you should be so mindfull of my Concerns. I have perused the said Letters, and can see no reason to believe that such Discourses should be published by any person whose Estate was entrusted to the said Company; or that had any real desire of receiving or giving satisfaction concerning the security of Money lent to them. No Creditor can be supposed to act so contrary to his own interest, as to make it his endeavour to weaken or lessen his security, by Exposing and Ruining his Debtors Credit; or teaching him a way to defraud himself, which is the Language of those Papers. It must therefore be some other Person then a Creditor, and some other Design than a doubt about Security, that occasioned the Publishing these Letters. There hath been a report that the Dutch had in Design to propose at the Treaty at Nimegen, a Restraint of the Importation of Callico into Europe, because it hinders the consumption of French, Holland, Flanders, and German Linnens: And lately some here did Decry the East-India-Company and Trade, because Callico (as they said) hindred the vent of Fustians and some other Native Manufactures. These corresponding so exactly, give ground to think they proceed from the same Councell, and the Authour of these Letters may be of that Caball. He first endeavours to destroy the Credit of the Company, by telling us, That their Seal is less security, than the word of any one sufficient man among them; for that not any one of the Companies Persons or Estates, (he meanes beside what is in the joynt stock of the Company) whether Real or Personal is thereby bound, neither can any of them be arrested or impleaded by virtue thereof, Who is there so ignorant, but knowes this? though the Gentleman supposeth all are such Fools, that have lent money to the Company, that they were like fish drawn into the Net, by vainly imagining that every member in the Company in his Particular and Private capacity was bound to answer for the same. I dare say not one of forty that have lent money to the Company thought so. I have heard indeed of one that had a considerable summe there, who upon the advice of some Councel of this Gentlemans Capacity, demanded his money, which being presently paid him by the East-India-Company, he lodged it in Lombardstreet, where it lyes (and is like to ly) till the opening of the Exchequer. I suppose he rendered the Gentleman no thanks for his advice, nor accounts himself the wiser man for following it. If it be seriously considered, on what grounds, persons have chosen to put their money into the East-India-Companies hands, rather than to entrust it elsewhere; it will appear they were no such Fools, as they are character'd for, nor the Security so slight, as the Gentleman would have us believe it to be. The Gentleman preferrs a sufficient mans word, (I will suppose his bond which is more valid, in regard of the uncertainty of life.) It's difficult to know who is sufficient; all is not Gold that glisters, nor every man sufficient that is thought so. If he be sufficient when you lend the money, who can assure himself, he will Continue either sufficient, or honest. Men are changeable, and their Estates subject to accidents. Doth not experience evidence, that losses at sea, losses by fire, losses by bad debts, and other Casualties, have rendred Persons insolvent, that had great Estates and Credit, as also that sometimes Persons have purchased lands in their Childrens names, and otherwise so conveyed away their Estates, that their Creditors could never reach them; and if they seize their Persons they can live in the Rules, and laugh at their Creditors. As for lending money on Mortgages and real security, which is esteemed the best security; Is it not very troublesome to attend on Councell, to examine Titles, to make Conveyances? And when all is done with the greatest advice and circumspection; is it not very hazardous, in regard of bad Titles, Dormant Conveyances, and Precontracts? can the most eminent and subtile Lawyers secure themselves? have not some of them been over-reached? And sometimes when the security is good as to the main; yet what difficulty, trouble, and vexation is there to arrive at satisfaction, by attending long Sutes in Chancery, accounting for profits, The Creditor being oftentimes made the Debtors steward, and that without Salary or Compensation for his pains. And on such Securities who can depend on his money to answer his Occasions. If he have a Daughter to Marry, a Son to preferre in Trade, or a Purchase to make, all his designs are frustrated, His money being (if not in Hell unretreivable, yet) in Purgatory, whence it cannot be delivered but in a long Tract of time, and that by patient undergoing the smarting Torment of Tedious and Chargeable Sutes. It must be acknowledged, that there is no absolute certainty or assurance of any thing in this World; and whoever believes otherwise, is gone beyond the bounds of Reason and Religion; and fit only to reside in the new Palace in Moorfields. All that can be desired in the putting out of money, is to have a visible fond engaged, that is morally (not only at the time of lending) most sufficient to secure it, but also in probability most likely to continue so, and to answer the Occasions of the Lender. 1. Then, They that lend Money to the East India-Company, on their Common Seal, have a visible fond engaged that is sufficient to secure the same. Though the Members of the Company are neither responsible in their Persons, nor private Estates for what is taken up thereupon, yet all the Moneys, Goods, and Effects belonging to the Joynt stock of the Company are engaged, as the Gentleman himself is necessitated to acknowledge. His insinuations concerning the case of the Merchant-Adventurers, and Grocers Company, are not to the purpose; those Companies never had any Joint-stock, as a visible fund to secure what they borrowed, but were trusted upon their bare Reputation and Credit. It is farre otherwise here. Suppose there hath been lent to the East-India-Company 5 or 600 thousand pound, the Lenders either do or might know, that there is in the Joint-stock of the said Company in real value upwards of 900 thousand pound, (I may say a Million of pounds sterling) besides their dead stock, which is also considerable. All which, being together a Million and Half of pounds sterling, stands by their Common Seal bound and engaged to pay their Creditors. The Gentleman doth Ignorantly, if not Malitiously assert, pag. 4. That the East-India-Company trades wholly with their Creditors Money, and that it's seldome that they have above 600 thousand pounds in value in their India Factories, and on the Seas at the same time. To demonstrate the falsity of which, take but an account of what they sent out this last year, and it will be found to be upwards of 450 thousand pounds: And to that adde the value of the 3 Ships already arrived this year from Bantam; and the 5 Ships from Surrat; with the other 6 or 7 Ships expected from the Coast Surrat and Bantam, which will amount at least to 800 thousand pounds (and as Sales may prove, to a great deal more) so that there appears to have been above 12 hundred thousand pounds value on the Seas at one time, beside all the remains of Goods and Debts in India and in England. There being then such a stock, it cannot be denyed but that there is a visible and sufficient fond to secure the Creditors the Moneys that they have lent. But the Gentleman tells us, pag. 4. The Indians or Infidels may destroy their Factories, and Goods in India; their Ships and Cargo's may be lost or taken in Warr, or by Pirates, and the Company may make a Divident to secure their own Estates, and leave the Creditors to find a thing in the Clouds. Therefore it will be necessary in the next place to evidence that the joynt stock of the East-India-Company is on Morall and Rational grounds, most likely to continue sufficient to secure the moneys lent thereupon. That which might render it insufficient according to the Gentlemans suggestions, is either losses arriving from Forreign accidents, or dishonest practices either by concealment, or by making dividents of the stock amongst the Members of the Company, without regard to the payment of the Debtors. 1. As to Casualties, whereby losses may happen to the stock; The Gentleman mentions a Concatenation of Evils, Destruction from the Indians, Losses by Stormes, by War and by Pirates. Should we wrack our fancies to find out, and then suffer our thoughts to dwell on the consideration of the accidents that may fall out in Humane affaires, we should never enjoy quiet in our Mindes; or else we should be deterred from resolving or setting upon any affair. For as the wise man tells us, He that observes the Wind shall shalll not Sow, and he that regardeth the Clouds shall not Reap. It is sufficient, that we take the most probable ways of Security, and leave the rest to Divine Providence. Now if we consider the affaires of the East-India-Company without prejudice, we cannot but conclude that their stock of 1600 thousand pounds, will always be sufficient to answer 600 thousand pounds. For the whole at no time, is hazarded in one bottom, as it often falls out in private mens dealings; Some part is in England in Goods and Debts, some part in India in Trade and Voyages, and some part is at Sea, Going and Coming; not in one Ship but in 30 Ships or more, not in one Course or Voyage, but in several: So that though a loss should happen to some part, yet in the ordinary course of providence, there is Rational ground to believe there would be alwayes enough preserved to answer the Engagements. 2dly. As to dishonest practices, is it Rationally to be supposed that a Number of men can so easily engage in wicked and cheating actions? The Government of the East-India stock is committed to 26 Persons, and no Affair can be Transacted without 13, so that if the Major part be Persons of Honesty and Conscience, you are secure; nothing can be done unworthily. Yea if there should be but one Honest man of 13, yet you are sure, seeing such an act of knavery, as would defraud the Creditors, would be detected. The Gentleman tell us, (pag. 3.) You may sue the Company on their common Seal, and have Execution against their Goods, but then asks where shall you find the Goods of the Company to pay 5s. in the pound: and withall addes, That were there Goods of a greater value, the Company may divide them amongst themselves, and so the Creditors have never a penny, unless they can catch it in the Indies. Since the Establishment of the East-India Company in this present joynt-stock, which is now neer nineteen years, was ever any person that lent Money to the Company on their common Seal, forced to sue them? Have not all men been payd their Money readily whenever they demanded it? How is it possible that the Companyes goods should be concealed, that must pass through so many hands, and are in such vast quantities, and of such sorts as may easily be distinguished from others? It hath been formerly a Maxim amongst the Committee of that Company (as I have heard) never to take up more money at Interest, than they had reall Effects in England, in Debts or Goods to satisfie. If for the last two years they have exceeded, to expatiate and extend the Trade for the Benefit of the Kingdom; It is however but for a very small time that it is otherwise, for at the arrival of their Ships from India in June, July, and August, they have constantly a vast Estate in England over and above what will answer all their Debts. And if there be not alwayes so much at the latter end of March, when their Ships are dispeeded for India; in a few months after, when the former years Ships return, there is an abundant abuudant Surplusage. So that if it should fall out (which never yet hath done, nor is it probable it should) that any person should sue the Company for Money lent them at Interest on their common Seal, and Execution against their Goods should be obtained, I say in such a Case every person concerned, might easily and without any difficulty find Effects in England, to discharge all he can claim or challenge, nor is he left to find a thing in the Clouds, nor yet send to India to catch it; which Expressions the Gentleman might well have spared. That the Company should make a Divident among themselves of their Goods and Estate, to defraud their Creditors, is not onely very uncharitably, but also very irrationally suggested. No Dividend can be made but by the Committee which (as before noted) consists of 26 Persons, and those (or at least most of them) of the best Reputation for honesty and integrity in the City of London, and can it be in Charity supposed, that they would joyn in such an Act? I am confident they do abominate the thoughts of it. Besides it is not in the power of the Committee, according to their Constitution, to make any Dividend in Goods. All Dividends are to be made in Money, and Goods are not to be sold by private Contract, but at a publick Sale. So that it is impossible, according to the present Rules and constitution of the Company, that any Dividend can be made to the prejudice of the Creditors, but they must have sufficient notice thereof, and may secure themselves. But could it be imagined, that such Dividends might be made, and that the Committee should so far degenerate from all Principles of Honesty, yet notwithstanding what the Gentleman insinuates, viz. That this might be done so as to leave the Creditor remediless in Law, I cannot believe, but rather think, the Gentleman is mistaken, and that he hath not well studied or considered the Case. N. lends 1000l. to the East-India Company on their common Seal, on this ground, that there is at that time a joynt-stock of the Companyes, of the value of 900 thousand pounds to secure and answer his Debt; the Committee divide this Stock of 900 thousand pounds (after the lending of the Money) amongst themselves and other the Members of the Company: I now enquire, whether the Committee that made this Divident, be not in their own Persons and Estates obliged in Law or Equity to answer the Debt to N. For N. did not trust his Money on a vain Fancy, that the individual Members of the Company were in their private Capacities obliged to respond for his Money, but on this Foundation, That the joint-stock of the Company was to be his Security and guarant. This joint-stock was entrusted into the hands of the Committee to manage for the Benefit of the Adventurers, before they took up Money at Interest; but when they had taken up Money at Interest, then the joynt-stock is in the hands of the Committee in trust, in the first place to answer and satisfie the moneys taken up at Interest: So that now the Committee are Trustees for N. till his Debt be payd. If Losses and Accidents in the Course of Trade should render the Stock incapable to answer the money to N. he must be content to sit down by the loss; but if the Committee by any wilfull act of theirs dispose of the Stock, and convert it to their private use, before they have payd N, they are guilty of breach of trust, and thereby have rendred themselves answerable in their own private capacities to make satisfaction to N. This was the opinion of one of the most eminent and famous Lawyers of his time; (Serjeant Glyn;) and it seems so rational, that I am easily perswaded to believe it to be so. And were it but a doubtfull Case, would it not be a most imprudent act of the Committee, to divide the Stock among the Members of the Company, and expose themselves in their own private capacities and Estates to answer the Creditors, or at least to be liable to Suits and Molestations. As to what the Gentleman observes, (p. 4.) That the King who impowered the Company to use a common Seal, thought it not sufficient security for his Customs: But provided in their Patent that they should give good and sufficient bond with surety for the payment thereof. However, whether it be so, or no, in the Patent, I know not; But this I'm well assured of, that it serves little to the purpose he intends it; it being evident that those words were not inserted out of any doubt that either the King or his Ministers had of the Companyes security by their commonSeal, but put in as words of course, a form usual in such cases, for that the Kings Officers have never refused, but alwayes readily accepted the Companyes Obligation by their common Seal, for the payment of the Customs. The Gentleman believes, as he tells us, (pag. 5.) That the Company had never been such Bankers, as to have deserved Court Letters about their Officers, if they had given Bond with Sureties for the Money they have borrowed. (p. 2.) It seems what passed between the Court and the Company, was not such a Noli me tangere , but he would have one fling at it. To this he subjoyns a foolish insignificant pity, in reference to the Lombard-street Bankers, to which I say, that as I leave him to his own belief, so for his pity, I am sure I shall never need it, upon the account of lending my money to the Company. Nor did the Gentlemans Friend deserve a reproof, for not advising with him before he parted with his money to the Company, though he might have had it so unusually cheap. For he may (if he have not already) receive his money from the Company when he pleaseth: But when he hath so done, he will be at a loss to find where he may place it upon such rational grounds for security, it being evident by what hath been said, That there is such a visible Fond engaged by the Companyes Seal, that is not onely more sufficient at present, but also more likely to continue so, to answer the Occasions of the Lender, than is any where else at this time in England. The Gentleman in the next place, that he may affectually carry on his Design, having insinuated p. 5. That the Company hath no firm legal Foundation, and so was in no probability of standing, gives us a Transcript of some Clauses in the Companies Charter, and then takes the liberty to arraign the Kings Grant; Calls it a Monopoly, and a Monopoly of Monopolies; Quotes the Statute of 21 Jac. cap. 3. cites some Law-cases; talks of Turkish and French Vassals; tells us, that he wonders, yea protests that he is astonished, to think how any durst draw such a patent; To omit other expressions of the like, if not a worse complexion. It would be improper for me, who you know am no Lawyer, to take upon me to answer these matters. The Gentleman is pleased to name Mr. Solliciter, and Mr. Attorney General, and they are able to do it to purpose. However I am perswaded, notwithstanding notwlthstanding all the bluster and noise he makes, his zeal in the Design (rather than in his profession) hath carried him beyond his understanding, and that he is mistaken in the whole matter. He quotes the Statute of 21 Jac. c. 3. as the Devil doth Scripture by halfes; for in the said Statute it is thus expressed. Provided also, and it is hereby further intended, declared, and enacted, that this Act, or any thing therein contained, shall not in any wise extend, or be prejudiciall to the City of London, or to any City, Burrough, or Town Corporate within this Realm, for or concerning any Grants, Charters, or Letters Patents, to them or any of them, made or granted, or for or concerning, any Custome or Customes, used by or within them or any of them, Or to any Corporations or Fellowships of any Art Occupation or Mystery, or to any Companies or Societies of Merchants within this Realm, Erected for the Maintenance, Enlargement, or Ordering of any Trade of Merchandise. But that the same Charters, Customes, Corporations, Companies, Fellowships and Societies, and their Liberties, Priviledges, Powers and Immunities, shall be, and continue of such Force and Effect, as they were before the making of the Act, and of none other, Any thing before in this Act contained to the contrary in any wise notwithstanding. At the time of the making that Act, the East India-Company was in being, by virtue of a Charter granted to them by King James not much differing from the present Patent (as I am informed,) And by the abovesaid proviso, the Parliament did Confirme and Allow, rather than Censure the same. The Gentleman gives us a Definition of a Monopoly, and then tells us (pag. 6.) the Statute provides that all Persons, Bodies Politick and Corporate, which then were or thence after should be, should stand, and be disabled, to have use, or exercise, or put in use any such Monopolies. The word such, is not in the Statute in that place; and if we take the subsequent words in that Statute, to Define or Explain what a Monopoly is; It refers only to matters within the Realm, which will not concern the present case. But suppose the Definition the Gentleman gives of a Monopoly were as he expresseth it (by the Law-books) to be an institution or Allowance, by the King, by his Grant, Commission or otherwise, to any Person, Body Politick or Corporate, of or for the only buying, selling, or using of any thing, whereby any Person or Persons are sought to be restrained of any Freedome or Liberty which they had before, or hindred in their lawfull Trade and Traffick. May we not understand this to be within the Kingdome onely, for can any Subject of England lawfully Trade or Traffick with any Forrein Nation, without the allowance of the King, who hath the undoubted Prerogative of making War and Peace, upon which the same depends. I shall readily grant that as the King is Common Father of all his Subjects, so his Care and Protection of, and Provision for them, is in the General Equally and Indifferently to be extended. But in some Cases, and under some Circumstances, hath not his Majesty a Prerogative (nay, ought he not on the same right of Fatherhood) as to prefer the General Benefit, to that of Particular; so sometimes to extend speciall Priviledges and Grants to some Particulars for the General Benefit, though other particulars may seem to receive prejudice thereby? Is not this the case of most of the Corporations in England? which yet neither our Barrister nor any other will account Monopolies. And that this is also the case of the East-India Trade, will appear when it is considered, that this Trade is not to be managed and carried on for the General Benefit and Profit of the Kingdom, so well in any other way as by a Company in a Joint-stock. Besides, if a Monopoly be a restraining of Persons from the freedome or Liberty they had before: I ask whether ever the People generally had the Freedome and Liberty of the East-India Trade? Except it was in the late unhappy times from 1653 to 1657? In which little time the Trade was almost totally ruined as to the Nation, The Experience whereof necessitated the then Powers, with the universall good liking and approbation of all persons, to resettle the Company. Suppose a Countrey that was undiscovered, or a Countrey that for the difficulty of passage to it, or chargeableness and hazard of the adventure, no Euglish had traded to formerly; and that some English men at their own Hazard and Charges should discover the One, Purchase land of the Natives, Settle a Collony, and Establish a Trade; and on the Other after great hazards and Adventures, with vast Charges and Expences, arrive to the knowledge of a profitable Trade, and by presents obtain Liberty of Trade from the Prince of such a Countrey, Peculiarly for Themselves and their Assigns: May not the King by his Prerogative Confirm those Capitulations, and grant the Priviledge of the Trade to the Discoverers and Adventurers, and their Successors, thereby to encourage others to the like Noble undertakings, for the Generall good of his Kingdome? How could such a Grant be within the Compass of a Monopoly, Since no English man was denied or debarred of any Liberty that he before exercised or enjoy'd? Is there any thing more reasonable, than that they who at a vast Charge, with great Hazard and Difficulty purchased a trade, should have the enjoyment of it? Shall not he that planteth a Vineyard eat the fruit thereof? And what can be more unjust than that another should come in and reap the fruits of my Atchievements, that was either idle, ignorant, or afraid; that knew not, would not, or durst not adventure to obtain the same? May there not be a right of Propriety in a Trade, as well as in Lands and Houses? This is the Case of the East-India Company in a great measure. Further, Suppose there be a known Trade, that may be very advantageous to the Kingdom, and that for the obtaining and settling, and carrying on of which there is a necessity to be at a vast Expence, to settle and keep Factories and Agents in several places, and with several Princes, and on Occasion by Warre to force those Princes to perform their Capitulations, and to erect Forts and maintain Garrisons for security of the Trade, as also to cope with and prevent the designs of Enemies that would debarre the English of such a Trade; all which could not be done, but on a publick Charge of the Nation by some General Tax, or by some United Body of Men encouraged to undertake the same by special Priviledges and Immunities, granted to them and their Successors; Suppose I say in such a Case that the King, to compass the obtaining and carrying on of such a Trade for the General benefit of his Kingdom, without a Tax on his People, should propose to give andgrant to all his Subjects, that would voluntarily unite their Stocks in such an Affair, certain Priviledges and Immunities, and amongst others the sole enjoyment of the Trade of such places to them and theirs, excluding all others that should refuse to joyn therein. On such an Invitation and Proposal freely offered to all without exception, onely a certain number of Persons come in, Accept the Terms, and receive the Grant confirmed and settled, under the Broad-Seal of England. In some Process of time, after great hazards and vast Expences to the Undertakers and Adventurers, the Trade proving more advantageous and profitable to the particulars interessed, than at first was apprehended it would; Those others that would not intermeddle at first, make great exclamations because they are excluded, Crye out a Monopoly, a restraining the Subject the freedom and liberty of Trade. Have they any reason so to doe? was not the fault their own? It was freely tendred to them, they had the liberty to have come in on the same terms that others did: Shall they that voluntarily excluded themselves, be angry that they are excluded, and charge it as a Crime either on the King that invited them, or on their fellow-Subjects that would at first have been glad of their assistance? Is not this most unjust and unreasonable? This is the Case of those that so highly exclaim against the EastIndia Company, which I suppose being rightly understood, the Companyes Charter will not deserve the name of a Monopoly; nor shall the Companyes Creditors need to fear that the Company should be rendered Insufficient to pay their Debts, by being condemn'd in Treble dammages, or fined at the Common Laws for accepting such a Patent, (p. 9.) to which our Barrister, without understanding, (if not without consulting his Books) thinks them lyable. The Gentleman in the close of his Letter would insinuate, that the East-India Trade is of no Benefit to the Nation, and if it were, yet that it might be more advantageously mannaged than by a Company in a Joynt-Stock. This I guess to be his meaning, but lest I should mistake, I will repeat his own words, pag. 10. I that am no Trader know that the Parliament could, if it be an usefull Trade to England, (which I am no proper Judge of) have established legally such Rules whereby the Trade, might have been managed, and Factories, Forts, and Castles maintained; and the liberty of Trade might have been preserved to every English-man, and five times the trade gained, and the price of our own Manufactures of Cloath and others advanced, by the multitude and freedom of Buyers; and the price of the goods imported much lessened to the English, and much more Trade with these Commodities gained into other parts of the World. An Instance of this is well known in the Turkey Company, where no Merchant can be excluded or denyed to trade with their particular Stock; yet the same pretence might have been for restraint, that some do vainly suggest in this. Who is so bold as blind Bayard? they that know least, are apt to think they know most. Ignorance and Confidence are often Companions. The Gentleman tells us, though he be no Trader, yet he knows. what doth he know? he doth not know whether the Trade to the EastIndies be an useful Trade to England; that he is not a proper Judge of, as he saith. He might with little study or observation have known, that it's a Trade all Nations have and do court at the highest rate: A Trade that the Dutch have adventured their All to purchase; A Trade which as it is carryed on onely by a Company in the way of Joynt-stock, so the gain thereby accrewing, maintains the Republick in Honour, Power, and Opulency; A Trade whereby they have so encreased to Riches and Strength, as almost to become Masters of the World: A Trade wherein the English Company employ and maintain above forty Ships, from 3 to 500 Tuns, and upwards of 3000 Sea-men; a Trade that supplyes the Nation with necessary Commodities, at a tenth part of the price the Nation must otherwise pay for them. Pepper would be as dear as Nutmegs, if the Dutch were sole Masters of it; Callico must be supplyed by French, Dutch and Flanders Linnen; A Trade that makes us Masters of the Salt-petre, enables us to defend our selves, frees our houses from those Vermin, (the Salt-petre-men) that dug up our roomes; A Trade that upholds our forreign Trades, by bringing us Commodities to carry abroad to France, Spain, Italy, and Turkey, to a farther increase of our Navigation. A Trade that besides the Customes to his Majesty, which are very considerable, brings an Annual Addition, of several 100000 pounds to the real Stock of the Kingdom. There are besides these, divers other advantages, too many to enumerate. All this is so perspicuous, that the Gentleman might easily have discerned it, were his sight clear, and not clouded by prejudice, or obstructed by the intervention of some private (if not forrein) interest. But though he knows not whether the Trade be usefull for England, yet he knows if it were, the Parliament could have established such rules, &c. Excellent! how comes it to pass the Parliament hath not done it all this while? The Reason is suggested, It was not an usefull trade for England. But might it not have been made an usefull Trade, If such Rules had been made to have gained 5 times the Trade, to have advanced the price of our Manufactures, and lessened the price of Goods imported, and have gained much more trade into other parts of the World? Certainly the Parliament hath not been of the Gentlemans mind, neither to have Judged the Trade useless, For then they would have put it down; Nor yet to think that such Rules as he Imagines could have been made to effect what he fancies, for then they would have established them. The Gentleman might have done well for the Benefit of his Countrey (if he intended it) to have suggested (if he could) what these Rules were, that they might have been considered; and till he declares what Rules he means, I can make no other construction of his words, than that he knows that the Parliament, could have made such Rules, though he knows not what. I Readily grant, the Parliament, (which is the Wisdome, and Supream Authority of the Nation) can and will make all necessary rules for the good of the Kingdome, and to say such Rules could have been made and yet never were, (though many Parliaments have been since the first Establishment of the East-India Trade) seems too much to reflect on that great Assembly. The Gentleman tells us, an instance of this is well known in the Turkey Company. An Instance of what? that the Parliament could have Established such Rules as to have gained 5 times, the East-India Trade? sure that cannot be the meaning; the Parliament having never made any Rules, much less such Rules for the Turkey Company. The Gentleman sure was so astonished, that he was in a Labyrinth, and lost his senses. To help him therefore out, though this be no Instance of the Parliaments making Rules, yet may it not be an Instance, that if the East-India Company did admit all Merchants to trade with their particular Stocks, (as he saith the Turkey Company do, though therein he mistakes; for its only their own Members that have liberty,) it would have increased and augmented the East-India Trade five times more than now it is? This certainly must be the thing he intended, yet I cannot find how it is an instance. The Turkey Company never were in a Joynt-stock (that not being so necessary and suitable to that Trade) so it could never be known what Increase the alteration from one to the other would have made; and it is evident, that the East-India Trade hath been more increased and inlarged within these few years under a Joynt-stock, than the Turkey-trade hath been under a Regulation. It is also certain (as before noted) that the East-India Trade in three or four years time of open Trade was almost totally ruined, and could not have been upheld so much to the Interest and Benefit of the Kingdom, unless it had been reduced into a Company, and Joynt-stock. The Inconsistency of maintaining and carrying on the East-India trade in a Regulation without a Company and a Joynt-stock, the great mischief and ruine it might be to the Kingdom, both in point of Wealth and Strength (which includes all,) If we should lose or be cheated of that Trade, and what may be further done for the securing and augmenting of it, are Subjects would require larger Discourses than my time at present will admit of. I hope, Sir, what I have said, may be enough to satisfie you, that the Joynt-stock of the East-India Company is a sufficient security, and that the said Company is neither so obnoxious, nor my self or others that have lent Money to them, so ill advised, as the Gentleman in his Letter would insinuate. This is all I intended in answer to yours. Bristoll the 30 June, 1676. "
"An Answer to Two Letters, Concerning the East-India Company."
"BEfore I enter upon the particular proof of the Propositions in the Frontispiece, I shall desire the Readers leave to mention some few general Opinions of my own concerning Trade, which I have long since entertained; and the older I grow in Experience, the more I am confirmed in them. I shall now return to what was proposed to be proved in the Title page, viz. BEfore I engage into the Discourse of Objections against the present East-India Company, I shall not stick to declare (though it be against the Sense of most of the now Adventurers) that in my judgment I am for a New Stock, provided we can come honestly by it, that is, without Injustice to the new Adventurers (who will be found to have deserved worthily of their Countrey, when their Actions and Themselves shall come to be impartially considered) and without Detriment to the Kingdom in general. Which notwithstanding is a Matter of great difficulty; it being in Trade, as with Trees; great care is to be taken in removing an old one, least upon the removal it die, or at least suffer a shrewd stunt. Yet if the Wisdom of our Nation in that august Assembly of Parliament, now convened, shall incline to any alteration of the present Constitution, I think this time may be as opportune as any. 1st. Because our Neighbours are not now at leasure (the French being very low in India and the Dutch not altogether so Rampant as formerly) to make their Advantage of our Unsettlement, during the Transition from one Stock to another. 2ly. Because the Profits of the East-India Trade were never so much cried up as now they are: So that, I hope, the Subscriptions may prove the larger to the ensuing Stock. And yet I must desire to be excused, if I think those that complain most of the Old, will not be found the forwardest Subscribers to a New Stock. 3ly. Because when we tell Gentlemen or others, they may buy Stock, and come into the Company when they please: They presently reply, They know that, but then they must pay 280l. for 100l. And when we say the intrinsic Value is worth so much; which is as true as 2 and 2 makes 4, yet it is not so soon Demonstrated to their apprehensions, notwithstanding it is no hard task to make out, that the quick Stock of the English East-India Company is at this time more than the Dutch quick Stock proportionable to their respective first Subscriptions; and yet their Actions now are currant at 440l. or 450l. per Cent. In truth, I that have reason to inspect and know as much of it as any Man, had rather buy in this Stock, now it is, at 300l. for 100l. then come into any New Stock at even Money. Therefore, for general satisfaction, I could wish the Experiment of a New Subscription were tried. 4ly. If a New Stock were now establish'd, to please the Generality of the Kingdom, I should not despair but that such New Stock would have a Parliamentary Sanction; which this only wants, to be as strong in its Foundation, as it is in all other Nations; and which being obtained, I am persuaded would in less than an Age, render his Majesty as indubitably Sovereign of the Ocean, as he is now of Great Britain, and Ireland, and the Seas adjacent. 5ly. If an English Company were settled upon such a Foundation, there would be more Encouragement to maintain and defend some Trades by Arms, which cannot otherwise be enjoyed or secured: Which no Company built upon an uncertain Basis, can be supposed to adventure the Charge or Hazard of; while they are not sure to enjoy their Acquests in case of Success. But to return to my Theme, and muster up all the Objections I can remember to have heard against the present Company. Answ. I never knew them take any Fine or Forfeiture, but what any man might do in the same case, without a Charter: What they do take in any case, being either by submission of the party, by agreement with the Master and Owners in Charterparty, or by Arbitrations; and always in pursuance of Legal Obligations, sealed and delivered. The manner whereof is briefly this: They agree with all their Factors and Servants, and also with Masters of Ships, before they entertain them into their Service, that they shall not carry or bring home prohibited Goods; and if they do, they shall subduct out of their Freight a certain rate for each piece or sort of prohibited Commodities: which they do accordingly subduct out of the Freight; which in effect is from themselves: for most of the Owners of the Ships, imployed by the Company, are East-India Adventures: Which I know by experience, being a Part-Owner my self of a considerable number of Ships, employed by them. And yet, to do the Company right, I must acknowledge that the Ships imployed by them (such deductions notwithstanding) make better Voyages and gain more Money for their Owners, than any Ships whatsoever, that sail out of England: And the Commanders and Officers of such Ships, generally grow much richer in a short time, than any others, of any Trade or Nation whatsoever. And so indulgent are the Company to common Seamen, that they allow every Man or Boy that will, in their several Ships, to bring 5 pieces free of stated Damage, erroneously called Mulct. And if any Seaman happen to bring 10 or 15 Pieces, the Committees entrusted with that Affair, commonly stretch that Order to the allowing the Seaman 5 Pieces for himself, 5 Pieces for his Wife, and 5 Pieces for his Child, if he have any; and if he have none, they usually ask the party whether he have not a Father, Mother, or other Relation: so that they invent ways to favour him, above the Companies Rule afore-said, of only 5 Pieces to one Person. To encourage likewise the importation of Gold from China, from whence small quantities do come every year, and very great quantities will come in a few years; the Company do not only permit the entrance of it free of stated Damage, but give the Fraight of it gratis. The Company do likewise allow to all their Commanders, President, Agents, Factors and Servants, all kind of Trade in India, from and to any Port or Place within the Limits of their Charter, except to and from Europe: Whereas on the contrary the Dutch, tho they are a People known to be as tenacious and as obstinate defenders of their Liberty, as any People in Europe, do restrain all those that serve them in India, from all the most profitable trades from place to place, within the limits of their Charter; and indulge no kind of private or permissive trade whatsoever, to or from Europe. Now let any indifferent Man judge, besides that whatever the Company doth in the case of stated Damages, every private man may do, that can Freight a whole Ship by himself and Partners; whether it be not highly reasonable, that seeing the Company are at above 100000l. yearly charge in East-India and England, that whoever participates of that Trade, should proportionably contribute to the Expences that necessarily attend the preservation of it. Answ. This is a meer groundless Chimæra, and will appear so, if the old Mint-Master as well as the new ones, be Examined. The proportion of Coinage (except when we Coined the King of Spains Money for his Wars in Flanders) having generally in my observation, born a proportion to, and followed the Price of Corn in England; viz. when Corn was dear, we had little Coinage; in all cheap years of Corn, the Mint hath been greatly supplied. I can remember no more Objections against the EastIndia Company or Trade, and therefore must proceed to the next particular, viz. THe first part of this Proposition is meerly Historical; and so well known to all that look beyond the present Age we live in, that the proof of it will require little pains. While the Spaniards had Portugal, and with it the Trade of India, they were able to invade England with a Navy, by them called Invincible: and so it was, as to mans understanding, if the strength of it be barely considered; but their Skill was not good, nor their Ships of a Fabrick fit for our Seas: their Cause was naught, and the Providence of Almighty God blasted them. The Dutch, since the Portugals sunk in the East-India Trade, have grown so potent in and by the Trade of the Indies, that they have in three great and bloody Wars, contended with us for the Dominion of the Sea; and yet secretly do not allow us the predominancy. Tho they are not now at leisure to try the fourth War for it, yet if through the folly or madness of a few unthinking or self-interested men, we should deprive our selves of the Trade of the East-Indies (which God in mercy to England forbid) we should certainly save them the experiment of fighting with us the fourth time. They would carry the Dominion of the Sea clear, and hold it for ever; or until their Common-wealth should be destroyed by Land force, or intestine Broils. If any man shall say, Why then? Are the EastIndia Ships of such a mighty auxiliary Force, that without their aid we cannot over-ballance the Dutch in Naval Power? I answer, Those Ships, and the Men in them, are of very great Force; as will hereafter appear. But he that looks no further than into the bare force of the Ships and Men now employed by the Company, doth not see the tenth part of the way into this great Business: For if we should throw off the East-India Trade, the Dutch would soon treble their strength and power in India, and quickly subdue all other European Nations in that Trade; as they lately did the French, notwithstanding their great strength at Home; and have since, I hear, quarrelled the Danes. By means whereof they would become sole Masters of all those rich and necessary Commodities of the East; and make the European World pay five times more for them, than now they do; as they have already done by Cloves, Mace, Cinnamon, and Nutmegs. Which would so vastly encrease their Riches, as to render them irresistible. All Wars at Sea, and in some sense Land-Wars, since the Artillery used, is become so chargeable, being in effect but dropping of Doits; that Nation that can spend most and hold out longest, will carry the Victory at last, with indifferent Counsels. If it be said, Where shall they have Men? I answer, If they have Trade and Money enough, they cannot want Men. Seamen are Inhabitants of the Universe; and where-ever they are bred, will resort to the best Pay, and most constant Employment; especially in a Countrey where they cannot be prest or compelled into any Service against their Wills. But it must be further considered, That all other Foreign Trade in Europe, doth greatly depend upon EastIndia Commodities; and if we lose the Importation of them into Europe, we shall soon abate in all our other Foreign Trade and Navigation: and the Dutch will more than proportionably increase theirs. The proportion of our Decay and their Increase, in such a Case, would indeed be exactly the same; but that the excess of price which they would make the European World pay for East-India Commodities more than now they do, would cause a disproportionable and greater increase of their Riches. The augmentation whereof would further enable them to overballance us and all others, in Trade, as well as in Naval strength. If it shall be said, Admit all that is writ upon the Head to be probable, is not the Consequence (viz. the security of the Liberty, Property, and Protestant Religion of this Kingdom) far fetcht, and brought in as popular phrases, to gain and please a Party, as the Clothiers and Artificers Petition was formerly on the other side. I answer, I cannot hinder Men from thinking their own way: but God Almighty, that knows my Heart, knows that I scorn to use any such sacred terms to or for any such sinister or selfish respect, or to please any sort of Men living. All that I have or shall write in this Treatise, is what I do really and stedfastly believe, upon very long and serious Meditation, and many Years conference with almost all sorts of Men, English and Strangers: And if notwithstanding I do err in some things (as humanum est ) it is for want of better understanding. But to return to the Matter, Can any man that looks abroad into the World, doubt of the truth of that Observation, viz. That Trade never thrives in any Countrey that is not Protestant; though not in all that are so; for reasons which I could offer, but that they are not necessary here. Is it not obvious to every Man's understanding, that since Queen Elizabeth's time, our Customs are encreased from 14000l. per Annum , to above 70000l. per Annum ? Is it not evident that the People of the United Netherlands, since their being Protestant, are increased more in Trade and Wealth in 100 Years, than the ancient and fortunate Romans did in 400 Years after the foundation of their flourishing Commonwealth? Have not the French, since they were but Partie par paile , part Protestants and part Papists, increased more in Trade and Shipping in 100 Years, then they did in 500 Years before? I once discoursed a Popish Lord, soon after his Majestie's happy Restauration, who is since dead, who told me it was never well in England, nor would be, while we kept such as stir about promoting of Trade. I confess I liked his Lordship the worse for that expression, but I thought the better of his Parts. A Naval Power never affrights us; Seamen never did nor ever will destroy the Liberty of their own Countrey: They naturally hate Slavery, because they see so much of the misery of it in other Countreys. All Tyrannies in the World are supported by Land-Armies: No absolute Princes have great Navies, or great Trades: very few of them, though they have large Territories, can match that little Town of Hamburgh in Shipping. The Kingdom of France is powerful and populous, and is arrived to the height of Military Vertue; by which they are become formidable to us, as well as to our Neighbours. Who do we fear may destroy our Liberty, Property and Religion? (which three are one in substance) but the Papists and the French; which likewise are two names for one thing; and so we should have found it, if God Almighty had not disappointed them. Now under God's Providence, what can best secure us from them but our Naval Strength, and what doth especially increase and support that, but our East-India Trade: which I think I have sufficiently proved to the conviction of every impartial and unbiassed Englishman: And if so, the Consequence in this Proposition is most natural and irrefragable. But if notwithstanding it shall be replied upon me, that in the former part of the Discourse on this Inference, I say, That Trade thrives in Protestant Countries; therefore the Protestant Religion is the cause of our so great increase in Trade and Navigation, and not the Trade of the East-Indies. I answer, First, That the great increase of Trade, is not a constant and infallible consequence of the Protestant Religion; because it proves not so in all Protestant Countreys: But whatever Nation increaseth in the East-India Trade, never fails proportionably to increase in other Foreign Trade and Navigation. Secondly, Admit that our Reformation to the Protestant Religion, were one principal cause at first of our advance in Trade and Navigation; yet now it is manifest, that the increase of our Trade and Navigation, is a great means, under God, to secure and preserve our Protestant Religion: Foreign Trade produceth Riches, Riches Power, Power preserves our Trade and Religion; they mutually work one upon and for the preservation of each other: As was well said by the late learned Lord Bacon, though in a different Case, in his History of Henry the 7th, That that Kings Fortune work'd upon his Nature, and his Nature upon his Fortune. BEfore I ingage in this Argument, it will be necessary to explain, What's the Constitution of a Regulated Trade, such as the Turkey Company and other like Companies of Merchants of London are. 2ly. What a Company United in a Joynt-Stock is. To begin with the first, A Regulated Company is hard to define, and harder to resemble. Its the Confinement of a Trade to a certain number of the People, exclusive to above 99 parts of 100; with power in the major part to hinder the lesser, from shipping out any Goods, but when the greater number think fit; and to levy a Tax upon the Trade at the discretion of the greater number of Votes. In brief, it is a Heteroclite, unto which (out of England) there is nothing now in the World like, in any other Kingdom or Commonwealth whatsoever, that ever I could read or hear of: All those Trades that are regulated and confined to certain Persons in England, being open and free to all People, in all other Kingdoms and States. Their Courts are perfect Democracies; where one that trades but for 100l. per Annum , hath as good a Vote as another that trades for 20000l. per Annum . In those Courts they appoint the time of Shipping, choose their Embassador and two Consuls; settle a Tax, which they call Leviations, upon the Trade. And although I have a profound veneration for all things then settled in Church and State, and for those wise and worthy Councellors that assisted Queen Elizabeth in those infant times of our Reformation and Trade; and am apt to think, when those Constitutions were made, they were useful and proper to that time: Yet I must acknowledge that in my opinion, if all those Trades that are Regulated, that is, Confined to certain Persons only, were free and open to all the King's Subjects, as they are in Holland and all other places, it would be infinitely more for the general good of the Kingdom. Neither do I see any reason why the Trades of Turkey, Hamburgh, East-land, Russia, and Greenland, which in England are Limited or Regulated, as they call it, should need such Limitation, or Regulation, more in England than they do in other parts of the World; or more than other Trades to Italy, France, Spain, or any other part of the World. And if something might be alledged for a Regulation, what can be said why it is not for the publick Utility, that all the King's Subjects might Trade to any Countrey if they please; whether they be Noblemen, Gentlemen, Men of the Gown, Shopkeepers, or whatever they be: the more the better for the Common Good. To enforce which, much more might be said; but that's not my Business now. A Company in Joynt-Stock are a Corporation by Charter (and if it were by Act of Parliament, it would be much better for the Kingdom in general, as hath been said) into which Stock all the King's Subjects, of what condition soever, have at the foundation of it, liberty to Adventure what sum of Money they please. The Stock and Trade is managed by a Select Council, or Committee, consisting of a Governor, Deputy, and 24. Committees, chosen annually by the Generality; in which every Adventurer doth not Vote alike, but proportionably to his Stock, viz. Every 250l. Original Stock, hath one Vote; 500l. paid in, hath two Votes, &c. After the first Stock is settled, no Man can come in but by Purchase; which every Englishman hath an equal liberty to do; and for which he pays nothing if he be a Freeman: if unfree, never above 5l. In England the Company hath, by reason of our late Civil Wars and Confusions, been interrupted several times, and there have been new Subscriptions: But in Holland, since the first settlement thereof, in Anno 1602, there has been no interruption or breaking up of the Stock, or new Subscription; and such continuance is certainly best for the Publick. Having described the nature of these two sorts of Companies of Merchants, I shall now descend to the proof of the Proposition, viz. That a United Stock is absolutely necessary to the carrying on the EastIndia Trade to National Advantage. Arg. 1. My first Argument I shall draw from the Practice and Experience of all other Nations. Certainly all the World are not weak in their Intellects whatever those Gentlemen think that complain of the East-India Company. If any shall tell me, this Argument will not hold universally; for the Portugals have a Trade for East-India, and yet have no Joynt-Stock. I answer, under those Gentlemens favour, I know there is a Joynt-Stock for this Trade in Portugal; or else there could have been no Trade worth speaking of. But true it is, that Joynt-Stock in Portugal, is the King's Exchequer, who reserves Pepper, Diamonds, Silk, Callicoes, and all other considerable India Commodities to himself; and leaves only some few Toys and trivial Commodities to his Subjects: and yet for want of a more perfect National Constitution, we have seen how the Portugal Trade in India, notwithstanding the great Roots it had drawn in a long uninterrupted course of time, dwindled dwinled to nothing, when it came to be confronted and outdone, by the more National and better constituted Joynt Stock of England and Holland. The French Nation peradventure, were never governed by wiser Counsels for their own good, than under the present King. They were some years past, zealously set upon the East-India Trade; and I am assured, spared for neither pains nor cost, to arrive at the best method; but gave immense rewards to any that could give them any rational light or information, to lay such a foundation of Trade, as might be proper for those Eastern Countreys. See what, how, and why they did resolve at last by the printed Translation of the French Treatise, relating to that settlement; which will save me the labour of inlarging upon this Argument. Arg. 4. If the Company should be destroyed, and the Trade left open, the Companies Priviledges and Immunities in East-India would be lost; which have cost this Company, as well as their Predecessors, vast sums of money to maintain and retrieve, after they were almost ruined in the late three years open Trade. If I am asked what those Priviledges and Immunities are? They are so many and so great, as is scarce credible to any not acquainted with the Trade of India. For publick satisfaction, I shall mention some few of them; all would burden me to write, as well as the Reader. We have the liberty of Coining Money for our selves, and all other Nations; which passeth currant in all the King of Gulconda's Countreys. We are Custom-free in almost all places, and in some, where the Dutch and all other Nations pay a constant Custom: particularly in all places of the Bay of Bengall, and up the great River of Ganges. At Fort St. George and Bombay, we have a right, and do impose a Custom upon the Natives, and all other Nations.In the Empire of Persia are Custom free, and have yearly from the Emperor 1000 Tomans, which is above 3000l. per Annum , in lieu of the half Custom of his own People, and all other Nations that trade thither. Of right it should be the full half Customs of that Port, which is more in value; and we should have an Officer in his Custom-house to receive our half part; but we rather content our selves with the 1000 Tomans aforesaid, than fight with him again for a right, which we are uncertain how long we may enjoy, by reason of groundless Clamours against the Company at home. At Bantam we are at the set rate of 4000 Dollars per Annum , for all our Customs, tho we increase our Trade never so much. In most places in India, we are in effect our own Law-makers, and can arrest and imprison any Natives that deal with us, or owe us money; and can inflict corporal punishments upon them (without controul of any of the Native or Moor Governours) till they pay or do us right, if our People there see cause for it. All our Black Servants there, which are very numerous, and all others imployed by us, or trading with us, are free and exempted from the jurisdiction of the Natives and other Governours. We are in all places free in our Persons and Goods, and all imployed or priviledged by us, from all Inland Customs and Duties, in the Towns and Provinces we pass or bring our Goods thorow: which are very great in those Countreys, and paid by the Natives. FIrst, This is so as we are an Island, and have our principal Security, as well as the increase of our Riches from our Trade and Strength at Sea. Secondly, And which I take to be a main consideration, The Trade of India is to England not only a great, but an unmixt Advantage: Whereas to all our Neighbours, though the Trade of the East-Indies be a great Advantage, and accordingly courted and coveted by them; yet they cannot have it without some mixture of Loss in other respects; because some of them have the growth and production of Silk among themselves, as Italy and France. They have likewise the sole Manufacture of plain Silks, such as Taffateis, Sarcenets, &c. which are brought from India cheaper than they can make them at Home. Whereas in England, our Silk Manufacture consists not in those plain Silks, but in Flowred Silks and Fancies, changed still as often as the Fashion alters. Holland, Flanders, (and France, in some measure) have their principal Manufactures Manuctures in fine Linnens, Cambricks, Lawn and Hollands; which only Callicoe works upon, to the putting them very much out of request, in their own Countreys and and and all other parts of Christendom. Whereas the Linnen we make in England is of the strong course sorts, generrally used by the meaner People; which Callicoe doth not prejudice to any sensible degree. Neither is the Linnen Manufacture in England a matter worth taking notice of whatever a few Gentlemens opinion are) But in Holland, Flanders, France, and some parts of Germany, it is their main Concern; being the subsistence of the Majority of their People, as the Woollen Manufacture is in England. Thirdly, The Dutch have a standing Contract with the King of Persia for all his Silk; which may amount to 600 Bales yearly. Now in regard Bengall Silk in the East-Indies, can be brought to Europe cheaper than Persia Silk: the Dutch by bringing Silk from Bengall, must of necessity in some kind prejudice that Contract in the price of Silk; though it be the Dutch Companies own Contract, as well as the Turkey Merchants. Whereas we having no such Contract in Persia, do not work upon our selves, as they must of necessity: And yet they are wiser than to slight the Trade of Bengall for that cause. This Argument concerning the Dutch Contract in Persia, is so fully confirmed by the Companies Advices lately received from Persia, that the Dutch there did lately desire to be excused from receiving their Quota of Silk, which is 600 Bales yearly, upon pretence of their want of Money to pay for them, which notwithstanding was forced on them by Shecke Ally Cawne, the Emperor's Governor there. If it be here askt me, Why the English East-India Company, seeing Persia is within their Charter, are not as wise as the Dutch, to make a Contract likewise with the King of Persia? I answer, The Dutch got the start of us in that long before this Company was constituted; and we cannot possibly retrieve it yet: The Persians being a People most difficult to remove from any thing they have once determined. If it be here further retorted upon me, That by my own confession, the Importation of Silk from India, doth prejudice the English Turkey Merchants in the price of their Silk here. I grant it: But what is that to England in general? It's the interest of England that we should have Silk here (being a material to be Manufactured) cheaper than in any other part of Europe, where it grows: and so we shall infallibly, if the Company stand. But at the same time, I do expresly deny that the making of Silk cheap in England, doth hinder the Exportation of our Woollen Manufacture to Turkey: The contrary being as evident as the Sun at Noon-day, to any Man that has not the mist of private Gain or Loss hanging before his Eyes; as before is demonstrated in those two pregnant, experienced, unanswerable Instances, viz. That as the price of Portugal Sugars hath abated (in which formerly almost all our returns from that Countrey were made) we have increased exceedingly in the Exportation of Woollen Manufactures to that Countrey; and even in the Trade of Turkey it self for many years: And to this very time, as the price of Turkey Silk hath abated, the Exportation of our Woollen Manufacture hath increased: and so it will still, though Silk should come to half the price it bears now in England. Upon the proof whereof, by time, I dare hazard all that little I have in the World. Besides, when all is done, and if the Turkey Merchants might have their Will, to the irrepairable damage of their Common Countrey; what would they be the better? Except by an Act of Parliament we could as well hinder the French, Dutch, and other Neighbours from trading in East-India Silk, as we can the English East-India Company. Is not this dealing our Childrens Bread to Strangers? Weakning our Selves, and strengthening our Enemies, whilst they laugh and stand amazed at our Indiscretion. For a Conclusion, That the present and future Ages may know in what Condition the English East India Trade stood, when the Company was assaulted by the private designs of particular parcicular Men; I shall add an Account of the present posture of their Affairs, viz. Last year the Company sent out (which are not yet returned) for the Coast of Cormandel, and the Bay of Bengall, Four three Deck-Ships, viz. The Eagle, burden 590 Tuns, and 118 Seamen, besides Passengers. The Sampson, burden 600 Tuns, 120 Seamen. The Berkley-Castle, burden 50 Tuns, 106 Seamen. The President, burden 550 Tuns, 110 Seamen. For Suratt and the Coast of India, three Three-Deck Ships, viz. The Williamson, burden 550 tuns, 110 Seamen. The Lancaster, burden 450 tuns, space in the original Seamen. The Johanna, burden 530 tuns, 106 Seamen. For Bantam, two Ships, viz. The Society, burden 600 tuns, 100 Seamen. The Nathaniel, burden 600 tuns, 100 Seamen. For the South Seas and China, two Ships, viz. The Faulcon, burden 430 tuns, 64 Seamen. The Barnardiston, burden 350 tuns, 69 Seamen. And in all of them the Stock of 479946l. 15s. 6d. This Year the Company are sending out for the Coast of Cormandel, and the Bay of Bengall, 5 ThreeDeck Ships, viz. The Bengall, burden 570 tuns, 114 Seamen. The Ann, burden 460 tuns, 92 Seamen. The Golden Fleece, burden 575 tuns, 115 Seamen. The Cæsar, burden 520 tuns, 104 Seamen. The George, burden 580 tuns, 116 Seamen. For Suratt, and the Coast of India, three Ships, viz. The Josia, 600 tuns, 120 Men. The Massingbird, 480 tuns, 88 Men. And the Success, 460 tuns, 92 Seamen. For Bantam, three Ships, viz. The New London, 600 tuns, 100 Seamen. The Scipio Africanus, 360 tuns, 74 Seamen. And the Persia Merchant, 360 tuns, and 74 Men. And for the South-Seas and China, one other great Ship, which is not yet resolved upon. And in all of them the Stock of above 600000l. Ster. Note that the Ships are generally bigger than they are let for, and the Company employ none but English-built Ships; and that besides what they sent out last Year, and are sending this, they have always a considerable Stock left in the Countrey, to make and provide Goods before-hand. Besides, likewise their Islands, Towns, Garrisons, Houses, Buildings, Ammunition, &c. The just number of their Adventurers now, is 556, and new ones daily coming in: The Companies Doors being never shut against any of his Majesties Subjects, as Regulated Companies are. And they have what Money they will at 3 per Cent; which will be the worst News of all in Holland. If, notwithstanding all that hath been said, the Company must be destroyed, Gods Will be done. To write what I have, I thought my Duty to my Countrey; which having satisfied my self in the performance of, I am not careful for events: being always confident, that whatever the Parliament does, they will do it justly; and so wisely as to make the best of a bad Bargain. I am persuaded the Dutch, to have this feat done, would ease our Lands a while, by giving us a Million of Pounds Sterling, if they knew where to find Chapmen (which God grant they never may); and I am sure, if they did pay two Millions, they would have too good a Bargain of it. "
"A TREATISE Concerning the East-India Trade."
"A treatise wherein is demonstrated [...] That the East India Trade is the most national of all foreign trades [...]"
"WHEN we speak of an Excise, or of the Conveniency of Raising Moneys that way, we mean not simply the Excise now Established and Settled upon Beer, and Ale, and other Liquors; but the whole Duties of any kind whatsoever, that are Charged upon any Goods or Commodities expended within the Kingdom. The Duty of the Customs, (an Ancient and Honourable Revenue) as also the Additional Duty; when we consider either the One, or the Other, ( naturâ rei ) in the strictest Consideration of things, are no other than a kind of Excise, differing more in the Name, than in the Nature of the things; for, what else are they but a Tax, Imposition or Custom, (be they called as Men will have them) upon the Commodities that are spent, used or made amongst them. This Notion being premised, there will be a fair way made, for the better apprehending the Matter in hand, which is, To shew the Conveniency of Raising Moneys, by way of an Excise, upon such Goods and Commodities as are spent among us; from which we have the Experience of that which is already settled, which will also give an unquestionable Testimony of the Commodiousness of such, both to His Majesty and People; inasmuch as those Commodities we send Abroad, and those we receive Home by our Merchants, Raise to the King little less than Seven Hundred Thousand Pounds per Annum , and that in a very facile and easie way, and to the great Satisfaction of the People: Now, somewhat the like Sum may be Raised from some other Commodities of the like use, which is the Design of this Paper. But before we mention the Particulars, it may not be amiss to demonstrate, very briefly, wherein the Conveniency of this way of Raising doth consist: And that it is so Commodious as is suggested; which will appear, if we consider, First, That there is a great Conveniency even in the very Manner of Collection, and abundantly more to the Satisfaction of the People, than usually is in other ways; for herein is a great Conveniency, inasmuch as that when this Duty is truly paid by the Body of the People, who are the Spenders of the Commodities; yet the Money being deposited by the Makers or Factors, who take it again, in the Price of them, at the Sale, the People pay it insensibly in the Value of the Goods they Buy; for we must not think that the Merchants or Traders pay all the Money of the Customs and Excise; they are but the Depositors of it, and the People paying it in a way so secret and insensible, it meeteth not with any Contradiction from them, as it would do, were they themselves to lay down the present Money. We have a manifest Proof of what is now urged from the Business of the Hearth-Money, a Receipt (had it been well managed) would, in a few Years, have brought to the Crown very great Sums of Money, and had daily increas'd it: and should there now, for some time, the Duty of One Shilling per Room, be laid upon all Useful Rooms in every House, we mean Mansions, or DwellingHouses, excepting therein the Garrets, Closets, Pantries, Butteries, and Pasteries, (the Poor to be exempted from this Duty) and all Persons, paying either to the Poor, or Church, Living in Houses of Two Rooms, to Pay but for One; if in Houses of Three, to Pay for Two; and if in Houses of Four, to Pay for the whole; and so upward. This Duty well managed will bring a Revenue greater than the Hearth-Money was. For, since the Repealing of that Act, a great many Thousands of Houses have been Built; and besides, there were Abundance of Houses that were Erected in the Time that Duty on Fire-Hearths continued, that neither had Hearths or Chimneys in them; Others had Hearths that never were laid or made use of; so that very great Troubles and Disputes did happen thereupon. This Duty being laid, as is Proposed, a Law may be so effectually made, that after a true survey and discharge of such that are to be freed from that Duty, that Money will come in with as much Ease as any Tax now settled by Act of Parliament. It is well known how that Revenue of Hearth-Money grew so uneasie, and vexatious to the People, the ill Management of the Farmers and Officers, were the true Cause of so many and great Complaints: But the Receipt of this Duty, if it shall be thought fit to be for some time paid, Offices must be Erected in their several Counties, to which (as in the Case of Excise) the People may repair, and pay in their Money, and receive their Acquittances gratis. And that, for Supply of His Majesty's present extraordinary Occasions, that Duty to be paid at the beginning of every Half Year, and so forward. And such Care must be taken at first, upon the Survey, to settle all things so, that there may be no room left for the People to cavil at, or to think themselves in the least injured. And as Houses are New Erected, the Constables of every Parish may be obliged to give in to the Collectors an Account thereof under his or their Hands, which may be made known to the next Justice of the Peace. We will next Propose some other Ways, very convenient for Raising Moneys, with the least Apprehension of those that pay it, if we consider what large Supplies of Money may be had this Way: And it is very necessary that all Persons do consult and find out the easiest Way and Means for Raising present Supplies to His Majesty. The Duty upon Salt was the next thing to be considered; but that being already Granted, it will not be amiss to consider and examin, when a Tax was formerly laid, of a Half-Penny per Gallon, upon our own Salt; and a Duty proportionable upon Foreign; the Sum then accounted for, and paid in, was about Thirty Thousand Pounds per Annum ; the Salt allowed for the Fishery being excepted; under the Shelter whereof abundance of Frauds were practised, several quantities passing under that Notion, that never came to that use: So we will suppose three times the afore-said Sum, is or ought really to be accounted for, and paid into His Majesty's Exchequer; besides, the Foreign Duty is very considerable, and the Kingdom having in it, at this time, one Third part more of Salt Pans, than in the time the Duty was first laid upon it; and, therefore, far greater quantities must be now Made and Sold: And tho the Salters may pretend to leave off their Working and Making Salt, by reason of the Duty on Coals that are Water-born, there is not the least doubt or fear of that. For before the Duty of Twelve Pence a Bushel was laid upon Salt, those Salters in the Northern Parts did Sell at Twenty Six Shillings a Wey; and now the Duty is Forty Shillings a Wey, the Maker Sells for Four Pounds, Six Shillings and Eight Pence a Wey; we would therefore know where the Maker has any Loss, or if he Pay any considerable part of that Duty to the King: But the Generality of Complainers are such as get the most, when any Imposition is laid upon any Commodity, as in the Case of Excise and Salt. And it is most certain, that if this Duty were not laid, under which the Salters take the Liberty to Sell at their own Rates, Salt would be Sold again, in all the Northern Parts, at the Old Rate of Twenty Six Shillings a Wey, and where then would their Advantage be? So that the Duty upon Salt may very well be computed at Ninety Thousand Pounds per Annum , at least, besides Allowance for the Fishery. Next, It will be a most convenient Way of Raising Money, if we consider what large Supplies may be had this way, no Sum of Money that the Necessity of the Kingdom can require being too great to be charged upon it. England is a populous and liberal Countrey, and of a vast Expence; insomuch, as were there an Estimate made of the whole, and the whole made to pay, as now some part of it doth, it is inconceivable the Value of it: For, if a Custom or Imposition on Foreign Goods, (for otherwise we cannot, it adhering still to our former Notion, that a Custom and Excise are but the same thing) we say, if the Custom of the Commodities of other Nations, that are spent among us, and no more of our own Manufactures than what we send beyond the Seas, do Raise to His Majesty Seven Hundred Thousand Pounds, or more, per Annum ; What do we think may be Raised from those other of our Native Commodities that are spent among us, were they brought under the like Imposition? This being most certain, that the Expence upon our own Growth, Product and Manufacture, is abundantly more than our Expence of Foreign Goods, which will appear clearly by this; namely, That the Commodities of Beer, Ale, &c. (and no more of that neither than is Bought and Sold) do raise more Money than all the Foreign Goods Imported do amount to. To make all this more manifest, and in order to a Recitation of Particulars, we would Propose one general Maxim, to which, if regard be had in the Settling the Excise of any Commodities, it can never fail of the ends Proposed, and that is this. Viz. That whatsoever Commodities be made Exciseable, are to be of a large, universal and necessary Expence: Of a large Expence, otherwise, there will be a great Noise to little Purpose. If it be of an Universal Expence, then every Man will bear his Lot. If it be of Necessary Expence, there will be no avoiding the Use of that Commodity. The Truth is, who-ever will throughly weigh this Maxim, shall, from the Inferences deducible from it, answer whatever Objections can be made against laying an Additional Excise. We have it all made good in the Instance of that Excise which is now settled, (viz.) Beer, &c. It is a Commodity of large Expence, and so a large Sum of Money is Raised from it. It is of Universal Expence, and so every Man pays his part in it: It is of a necessary Expence, and so necessary, as no Man can be without it; and therefore can never hinder Trade: And nevertheless all those Sums of Money that have been, for several Years, Raised from it, no Man can conclude, that there hath been so much as one Barrel of Beer the less Brewed for that Imposition that is laid upon it. Things being thus far discussed, as to the grand Conveniency of it, we will consider what particular Goods and Commodities will fall under these Rates, and become thus convenient to be put under an Excise. Another thing of the like Large, Universal and Necessary expence, is our Wool, or Woolen Commodities, wherewith this Kingdom eminently abounds, and expands its self into many Branches; as Cloth, Bayes, Tameys, Serges, Says, Stockings, LinseyWoolsey, Stuff, Cottons, &c. which are made in many Parts of the Kingdom, some Parts whereof pay no Aulnage, which may be very considerable, if all were brought to pay Twelve Pence per Pound, according to the Value of them: To be paid by him that doth first Buy them from the Maker, will, according to our Computation from the Aulnage Duty, amount to Seventy Thousand Pounds per Annum , and this will be as easily collected as that is. That this can do no Harm to our Trade at Home, will be clear, by referring to our former Maxim; nor can it prejudice our Trade Abroad, because the Rate proposed is so inconsiderable, as it can have no influence on Trade, to hinder the Sale of these Commodities we send out: If it should be thought to do so, there may be Provision made for what is Exported; but then, what is spent at Home we would Propose to go at a higher Rate. Another Commodity, of a Large, Universal and Necessary Expence, is Tallow. It is little known what a vast Quantity of this Commodity is spent in England. It will bear an Excise of Five Shillings for every Hundred Weight. The Collection will lye best from the first Melter, giving him a Months Time for Payment, from the Time of his first Melting. The Value that this will amount to, will be best seen, by considering the Expence of this Commodity; as chiefly in Candles: Five Shillings upon the Hundred Weight of Tallow, will reduce them to near Six Pence upon every Dozen: Now, at this Rate, we observe, That the middle and meaner Sort of People spend as many, as, at Six Pence per Dozen, will answer a greater Sum than is paid for their Rooms, so that the Gentry and Nobility will consequently Pay considerably more: We find also, besides the standing Expence of private Families, there are accidental Expences; as those that are spent in Taverns, Play-Houses, at Sea, on Ship-board, and in Churches, Mines and Colleries; we find also many of our Candles Bought by Foreigners; and besides all these, the great Quantity of Tallow that is spent in making of Soap: All which will equal the Expence of private Houses, and, in the whole, may produce Eighty Thousand Pounds per Annum . Another way for the Advancing this Excise, is, that the respective private Families in the several Counties in England, may pay an Excise for their Beer, as all the Families in the City of London, and all other great Towns do, where the People take their Beer from the Common Brewer. Now, to bring all Families to the same Standard, is surely no hard matter, save only the difficulty will be how to Collect it, since it will so unfit to give such a Liberty to Officers, as to enter all private Houses, to take the Inspection; but this is easily prevented, by putting it into another way, viz. That every Malster, or Maker of Malt; shall give a true Entry of all the Malt he shall Sell; and whatsoever is Sold to any Private House, to Pay Six Pence per Bushel: This is one Way, and may be of great Advantage for other Purposes than what we are now speaking of: Or else, a Second way may be, to charge the whole Consumption of Malt with a low Duty, that is, at Three Pence per Bushel, to be paid by the Maker; and at this low Rate may be Raised Two Hundred and Fifty Thousand Pounds Annually, because of the vast Expence of it. We know it will be presently Objected, That by reason there is an Excise on Beer, this will be somewhat hard. To which we answer, No, not at this time, when Malt is at so moderate a Price to what it was formerly; which is such, as that all Persons would, notwithstanding this Duty, Brew their Beer at little more than one Third part of the Price they did Pay at that time. Could it be discerned, that those that Brew Beer for Sale (who will be the chief Persons that make the Objection) did, upon Consideration of the great Plenty, Sell twice as much for Money as they did before, or make it answerably good in the Quality, (which indeed cannot well be) there would not a Word be said more of this kind; but finding no such thing as this done, it cannot be taken amiss to Plead, that the King may have a little share in this Publick Benefit, and their Fellow-Subjects also, in being somewhat eased in other Payments. When the Parliament had Granted that Noble Royal Aid of Five and Twenty Hundred Thousand Pounds, and afterwards seeing the King's Necessities require more Moneys, did they not very chearfully make an Addition, by Increasing those Rates formerly settled, when they saw their Rents in a manner falling. And shall these Men stumble at this small Addition, when their Profits are so Increasing, they may well take Notice how indulgent Authority hath been in not holding them to the Strictness of those Statutes all along, which did enjoyn them to such Rates, Prices, and Measures in Selling their Beer, as should they have been held to observe, it would have hindered them more in One Year, than this would do in Two: So that from the whole we cannot but Propose, that while the Blessing of this great Plenty continueth, and the Prices of Malt not rising, it may, for some time, at least be submitted to this small Imposition. The Inspection of this being easily made, for all coming to the Cistern, it is as easie to see what Barley is steeped in a Cistern, and take an Account of it, as to know what Beer is set to work in a Tun. This small Duty being laid upon Malt, will be of the same Advantage as the Charging the Duty upon the Coffee-Berry, Tea, and Chocolate, at the Custom-House is found to be. Another Commodity of great, Universal and Necessary Expence, is our Leather or Hydes: There are spent near Ten Thousand every Week, we are sure there are as many great Cattle Kill'd, from whence we take the Estimation. This Commodity is spent several ways; as in Coaches, Boots, Saddles, Shoes, Holsters, &c. A Duty of Two Shillings per Hyde on each great Hyde, One Shilling upon lesser Hydes, and One Shilling a Dozen upon Calves-Skins Tann'd, will, at that Rate, Raise about Thirty Five Thousand Pounds per Annum . Another Commodity of Universal Expence, is Hats: They are of Three degrees; as Bevers, Casters, and Felts. Four Shillings on every Bever, Twelve Pence on every Caster, and Six Pence on every Felt, to be paid by him that first Buyes them from the Maker, is a Rate which they will bear. What this will produce, it is hard to make an Estimation, in regard there are not such Rules to proceed by as in other things; but, undoubtedly, it will amount to One Hundred Thousand Pounds per Annum . The next thing we shall name, is our Home-made Silks: They are of a large Expence, and Necessary too; by how much it is necessary for the Gentry to be distinguished from other Persons: Of which, divers sorts are made in England, and most consumed within our selves. These being judged Commodities of a more superfluous Expence, may bear the greater Duty, as Twelve Pence or Eighteen Pence on every Twenty Shillings Value: And this also must necessarily produce a good Sum of Money Annally, since we find, not only among our Gentry, but our Lower sort of People, yea, even unto Servants, Silks are made Common among them. What Sum of Money it may Annually produce, is likewise hard to compute, for the Value of them hath not been lately consider'd, but it cannot fail of producing a good Receipt of Money. The last thing we shall mention, for the Advancement of Money this Way, is the bringing all the Foreign Commodities spent among us, to Pay the same Rate as they did in the Year 1656. and so for some Years following. This will Raise One Hundred and Fifty Thousand Pounds, or rather more. That this was no Prejudice to Trade, needs no other Proof, than that in those times; while these Goods paid these Rates, there was a greater Importation of them, than ever hath been since. These are the Principal Commodities of a Large, Universal and Necessary Expence, upon which may be Raised a Million of Money per Annum , with the same Ease as the Money is now Raised from the present Rates of the Customs, and the Excise of Beer. And to be a little earnest in the Case, What hath any Man to say against it, if he will reason by Arguments properly deduced from the Nature of Trade, and true Constitution of things. What Difference is there between Raising Moneys this Way, and the Customs? What greater Difference is there in the Managing or Improving this now Proposed, than that which is already Settled? In the Customs, the Merchant makes his Entry, pays the Money, and receives it again in the Sale of his Goods. In the Excise of Beer, the Brewer doth the same. So here the Salter, the Melters of Tallow, the First Buyers of Woolen Manufactures, the Tanner for the Hydes, the Malster for his Malt, &c. in their several Capacities, make their Entry, pay the Money, and take it again in the Sale thereof: Where then is the Intricacy or Difficulty? or, What is this more than the Customs expanded into other Particulars? Most of what is here Proposed, was ready some Years since to have been Offered to the Consideration of the Honourable House of Commons; but the Proposer did not then meet with any great Incouragement for it, until now, there being, at this time, great Occasion for Raising Money by the most Easie and Universal Way, in Order to save something of the Land-Tax, which is, and must be the standing Prop upon all Occasions. If these Duties be well managed, when laid on, there will not be any doubt, but very great and considerable Supplies of Money will be had to manage, and carry on the War against France with more Vigour than ever. And whereas it may be said, This Duty being now laid on, the Sellers will set up extraordinary Rates upon their Commodities, and thereby get Estates out of the Ruins of them that Buy. It is answer'd, That great Care will be taken, that the Sellers may be kept to the Prices accustomed for some Years past, and shall not impose any more upon the Buyer than the Duty now laid upon the several Commodities. Having attempted thus, in brief, to shew, according to the best of my Understanding, how a considerable Sum of Money may, with much Ease and Equality, be Raised by an Excise, on some few particular Commodities, for the Carrying on the War against France; the laying the same, or such other Excise as may be thought fit: As also, the further Improving of it on many other Particulars, not here set down, is, with all Humility, Submitted to the great Wisdom and Consideration of this Honourable House."
"A DISCOURSE Towards the Raising of Moneys BY AN EXCISE."
"A discourse (by way of essay) humbly offer'd to the consideration of the Honourable House of Commons, towards the raising moneys by an excise [...]"
"GOOD morrow Friend, what art musing on? Considering the Extent of these your Dykes, I was thinking what excessive Charge and Pains Holland is yearly at to defend it self against invading Waves: Whereas the Sea that encircles happy England (Barrier like) fenceth it against Surprize and Ravages, exempts us from the Charge and Terrour of Garrisons and Fortifications, and (with our Floating Castles) continues to us that quiet Liberty and Security the rest of Europe more or less have lost. What though England be fenc'd in by the Seas, happier Holland hath a mighty Ocean of Wealth to defend it, and Money you know is the Sinews of War. The cold Winds (being moistened by the Vapours, or softned by the warmth of the Seas motion before they reach our Islands) are less fierce, and the Air is far more Mild and Temperate (if not more Healthy) than any part of the Continent under the same Climate; so that we have no necessity for Grotto's in Summer, or Stoves in Winter. In my Opinion, that Country is still Happiest that is stored with the Richest growths and products for Trafick and Commerce, and the Air ever best where most Money is stirring; for Poverty and Want will render People unhealthy in all Climates. England abounds with Mines, Rocks, Pits and Quarries of Darbyshire, Nottinghamshire, Staffordshire, Aliblaster, Darbyshire, Antimony, Cornwall, Ardois, Cumberland, Blacklead, Sussex, Chalk, Darbyshire, Christal, Dorsetshire, Tobaccopipe-Clay, Carmarthenshire, Cumberland, Durham, Lancashire, Leicestershire, Northumberland, Shropshire, Staffordshire, Yorkshire, Coals of divers Sorts, Cornwall, Cumberland, Darbyshire, Staffordshire, Yorkshire, Copper, Bedfordshire, Surrey, Fullers-Earth, Dorsetshire, Freestone, Darbyshire, Durham, Gloucestershire, Hampshire, Shropshire, Staffordshire, Warwickshire, Iron, Somersetshire, Lapis Calaminaris to make Brass, Devonshire, Loadstones, Cardiganshire, Carmarthenshire, Darbyshire, Devonshire, Durham, Staffordshire, Yorkshire, Lead, Darbyshire, Dorsetshire, Marble, Anglesey, Cheshire, Darbyshire, Flintshire, Milstones, Nottinghamshire, Plaister harder then that of Paris, Carmarthenshire, Potters-Oar, Cornwall, Slate, Cheshire, Cumberland, Worcestershire, Salt, Gloucestershire, Steel, Cornwall, Devonshire, Tinn, Darbyshire. Whetstones, &c. Upon its Coasts are found Norfolk, Amber, Cornwall, Ambergrise, Whitstableshallow, abundance of Copperice Stone, Norfolk, Jet, Cumberland, Pearls, Cornwall, Gloucestershire. fine Pebles, transparent like Diamonds, also Flint, Varrack, &c. to make Glass: Besides (not to mention the Rich Commodities yearly Imported from its Fruitful Plantations, that are to it as so many Mines Of Treasure,) England affords Plenty of Corn, Cattle, Fowl, Fruit, Pulse, Leather, Wool, &c. Whereas, Holland produceth nothing but a few Hops, Madder, Butter and Cheese. The whole Product of our Island is nothing, when compared to the So the Dutch in a Proclamation 1624. stiled the Fishing Trade. Golden Mines of our Provinces, which have yielded us more Treasure than the Mines of Potosi, or both Indies to Spain. The Golden Mines of your Provinces; Pray where do they lie? In Neptunes Store-pond, which the English call their Seas. Our Famous Edgar with a Navy of Four hundred Sail, vindicated his Dominion on our adjacent Seas, and Records mention his Successor Canutus to have laid that ancient Tribute called Danegelt, upon all (whether Strangers or Denizons) trading on our Coasts or Seas. Egbert, Althred and Ethelfred, all stiled themselves Supream Lord's and Governour's of the Ocean, surrounding the Brittish Shore. King John Anno 1200. challenged the Honour (or rather) Duty of the Flag, universally paid us, not barely as a Civility, but as a Right ( debità Reverentià ) Acknowledging our Title and Dominion. The Famous Record entituled Pro hominibus Hollandie, shews how Obsequious your Ancestors were, not only in acknowledging Anno 1295. Edward the Firsts Dominion on the Sea, but craving his Protection and Permission to Fish on the Coast of England: And had not the Sovereignty of the Brittish Seas in fact been in the Crown of England, why did the Rot. Pat. 23. Ed. 1st. memb.5. Earls of Holland Petition Edward the Third (and the Rot.Pat. 22. Ed. IVth. memb. 2. French our Henry the Sixth) for leave to Fish therein? And why did your Camden's Brittania, Skippers use to purchase License from Scarborough Castle, before they presumed to cast a Net upon the North Coast of England? Wherefore did Phillip the Second of Spain, 552. obtain License of Queen Mary for his Subjects to Fish upon the North Coasts of Ireland for the Term of Twenty one Years, for which, was yearly paid One thousand Pounds into the Exchequer of Ireland as by the Records appear? A Fig for your mouldy Records: I say the Sea is as free to Fish in as As the Roads of Holland are to Travel in, where both Natives and Foreigners are forced to pay passage Ghelt . Don't Interrupt me Sir; I say, the Sea is as free to Fish in as the Air to Breath in, who doubts it, may read our Great Hugo Grotius's, Mare liberum . Grotius in his Sylvæ upon the Inauguration of King James (before he was perverted by the Importunities of his Country Men,) speaking his Thoughts freely say's, Tria Sceptra profundi In magnum coiere Ducem. The Rights of the English, Scottish and Irish Seas, are united under one Scepter; neither is he satisfied with that bare Profession: Sume Animos à Rege tuo qui dat Jura Mari. Take courage from the King that giveth Laws to the Seas. And in the same Book in the contemplation of so great a Power, he concludeth. Finis hic est qui fine caret , &c. This is an End beyond an End, a Bound that knows no Bounds, which even the Winds and Waves must submit to. And if you remember when King James observed your Encroachments, he enjoined his Ambassadour Sir Dudley Carleton to Expostulate it with your States, as may be seen in Mr. Secretaries Letter, 21. Dec. 1618. wherein he tells them, "That unless they sought leave from his Majesty and acknowledged his Right, as other Princes had done, and did, it might well come to pass, that they who would needs bear all the World before them by their Mare Liberum, might soon endanger their having neither Terram, nec Solum, nec Republicam liberam : So much did that Wise Prince disdain to be wrangled out of the Antient Rights, and Regalities inherently annexed to his Crown, by the subtle Arguments of Wit and Sophistry. Don't tell me of King James, I say, that the Sea is free for every Body, and defy you to shew the Contrary. Why then do the Venetians exercise Dominion in the Adriatique, and the Tuscans Lord it in the Tyrrhene Seas? How comes it to pass that all your Skippers pay Toll to Denmark for passing the Sound, and to Sweedland for sailing in the Baltick? Wherefore doth the Republick of Genoa, let to Farm the Fishery for Teunies in their Neighbouring Seas: And the Emperour of Russia compel all Fishermen (within his Seas) to pay him Tribute: How is't that the like is done by the Duke of Medina Sidonia in Spain, and by all the Princes of Italy bordering on the Seas? Nay, wherefore do the Dutch Stile themselves Lord's of the Southern Seas, and allow far less Liberty in India than they take upon the English Coasts. But to wave this Dispute: Pray Sir, how many Labourers have you in your Golden Mines as you call'd 'em. Upon taking an Account of the several Trades and Employments, by which the Dutch subsisted (in order to find which best deserved the Protection and Encouragement of the Publick, it appeared that in Anno 1668. The Subjects of the States General were Pol. Gron & Maxims Van Holl. Page 43. Two millions, Four hundred and Fifty thousand, of which (besides those employed in the Inland Fishery,) Four hundred and Fifty thousand were then maintained by Fishing at Sea, and the Trafick depending thereon; since which time we have much encreased the Numbers of our Fishing Busses and Doggers to the great Encouragement of our Navigation, and all Trades depending on the Fishery? Which are they? Anchorsmiths, Bakers, Ballestmen, Basketmakers, Blacksmiths, Brewers, Butchers, Carpenters, Caulkers, Clapboard-splitters, Compass-makers, Coopers, Duck-weavers, Hemp-dressers, Hook-makers, Hoop-slitters, Joyners, Line-makers, Marriners, Mast-makers, Net-makers, Net-tanners, Plummers, Pully-makers, Pump-makers, Rope-makers, Sail-makers, Sawyers, Ship-chandlers, Shipwrights, Tallow-chandlers, Thread and Twine-spinners, &c. to the no small Profit of the Makers and Venders of all Materials, Tools and Utensils belonging to those Trades, and of all Tradesmen that make or sell Culinary Wares, Bedding, Cloathing, &c. for Marriners; to which may be added, Packers, Tollers, Dressers, and Couchers to carry, sort, and make the Herring lawful Merchandize, also Porters, Carmen, &c. In a word, you can hardly cast an Eye upon any sort or condition of People, but are the better for our Fishery, and the community most of all. Pray where, and at what times of the Year do you fish for Herrings? In the beginning of June, the Herring rising about two Leagues off Cranehead (the outermost part of Bratio-sound,) stay there about fourteen Day's, thence go to Farry Islands (seaven Leagues to the Southward of Shetland,) round which they remain one and twenty Day's, thence to Buffinness (about thirty Leagues to the Southward of Farry Island,) the Fishing place is called Buffin-deeps, and is twenty Leagues to the Northward of the Frith, where the Herring abide about fourteen Day's, and in the Fishing ground under Chivit-hills and Chivit-chace about fourteen Day's, thence we follow them to the Dogger-bank, where they stay about thirty seaven Day's; about the beginning of September, they come into Yarmouth Seas, where they continue near seaventy Day's, from whence they fall to the Southward, followed by small Fishermen, it being dangerous for Busses. What quantities of Fish are yearly taken by the Dutch? About L.v. Aitzma. Anno 1653. Three hundred thousands Lasts. This confirms Sir Walter Rawleigh's Observations presented to King James, Anno 1633. and shews that the Learned Sir John Burrough's in his Sovereignty of the Brittish Seas, upon good Grounds affirmed that the Fish yearly taken by Strangers upon our Coast's, did amount to Page 140. above Ten millions of pounds Sterling: But pray Sir, where have you vent for all your Fish? At Artois, Brabant, Bremen, Cleveland, Cologne, Dantzig, Denmark, Elbin, Embden, Flanders, France, Frankford, Germany, Gulickland, Hamburgh, Henault, Holstein, Italy, Liefland, Lithuania, Lubeck, Nerva, Norway, Poland, Pomerland, Portugal, Prussia, Quinsbrough, Revel, Riga, Russia, Spain, Stade, Stratten, Sweedland, &c. Are you never afraid of glutting the Markets. No more than we are that People will leave eating, great part of the trading World being yet unserved, which is the Reason we yearly so much encrease the Number of our Doggers. What Returns are made for your Fish? Allum, Armour, Baratees and other Frankford Commodities, Brandy, Bullion, Clapboard, Coin, Copper, Corn, Currants and other Grocery Wares, Damasks, Dealboards, Dollars, Flax, Fruit, Furrs, Fustians, Glass, Hemp, Honey, Hulsop, Iron, Lace, Linnen, Milstones, Oyl, Pitch, Plate, Potash, Prunes, Rashes, Rosin, Sarsenets, Sattins, Silks, Skins, Steel, Tapstry, Tar, Timber, Velvets, Wainscots, Wax, Wines, and other things in abundance; the exporting of which Commodities again to other Countries, gives our Ships full Employment, so that they need not go in Ballast to seek Freight, but by the Profit of our outward bound Voyages, are enabled to serve Foreigners so cheap, as to render us the common Carriers of the World, consequently Masters of the most certain Profit in Trade; for when the Ships arrive safe in Harbour, though Merchants happen to loose by their Goods, yet Seamen are paid their full Wages. Besides by continual Bartering of such Exports, Holland is rendered the mighty Store-house, and Empory of all Foreign Products and Manufactures, from whose infinite Miscellany of Goods its Inhabitants are compleatly furnished with such sortable Wares, as enables them to Trade from Port to Port without danger of glutting Markets. And thus as our Fishery hath encreased, our Trade and Navigation; constant Employment hath still made Foreigners flock to us in such Numbers, that out of our Multitudes, supplying (from time to time) the loss of so many lives as the change of Climates, Successes against the Portugeses, and Victories against the Indians have cost us; we have forced Treaties of Commerce, Exclusive to all other Nations: Built Forts upon Straits and Passes that Command the Entrances into Places of great Traffick; Monopolized all the Spice Trade, and mightily advanced towards Engrossing the whole Commerce of the East Indies. Well may you boast, that Amsterdam is Founded upon Herring Bones; and no wonder that notwithstanding your so frequent and chargeable Wars ever since your Revolt from Spain, there is hardly a Beggar in your Streets. But if in Holland, which contains not above Five millions of Acres, its Bogs and Sandydowns excluded. Holland, where you have no Minerals, and where it is in vain to dig for any thing but Turf, and Clay. Holland, where you have no Tree but what you planted, nor Stone but what you brought thither. Holland, so much lower than the Ebbings of the Tides and Rivers, that at vast Expence you are obliged with Mills to drain the very Floods occasioned by the Rain. Holland, where notwithstanding your continual Charge (as was said) in repairing Banks and Dykes; frequent Inundations destroy Man and Beast for several Miles together, and then vast Sums (and whole Years) are spent e're the Land can be regained. Holland, where the East Winds coming to you o're a mighty length of dry Continent, extream Cold, and long Winters, put you to the expence of much Fire, Candles, Food and Rayment; and to great charge and pains in housing and foddering your Cattle, all which time (living on dry Food) they yield little Milk. Holland, so exposed to bleak Winds, that blast the Blossoms of its Trees, and Storms that shatter off e're ripe their Fruit. Holland, where that little Arrable Land you have, lying generally on sand or light Bottoms, requires much Soil, and where Seedtime is so short, that unless it be exactly nicked no Profit can be reaped; for when the Seed rots in the Ground (as by great Rains it frequently happeneth,) the Season is generally past before it can be Sown again. Holland, whose whole Product is scarce sufficient to serve Pol. Gran & Maxims van Holland, Page 44. one Eighth part of its Inhabitants, consequently the rest are obliged to purchase the so necessary Commodities, Food, and Rayment of Neighbouring Countries at the Rates they can get them. Holland, whose Territories extending upon powerful Neighbours, To defend it's Frontiers, and draw out a War in length by Sieges, in order to determine it, by force of Money rather than of Arms; you are obliged to be at vast Expence in Fortifications and Standing Troops, to defend them even in the time of the profoundest Peace, for instance Anno 1670. After all Reforms, you had Ten Regiments of Horse and Nineteen of Foot, making together Twenty six thousand Two hundred Men, the constant Charge of which Forces was 556281l. Sterling per Annum . I say, if in Holland naturally loaded with these Disadvantages and Misfortunes, and all their ill Consequences; notwithstanding you are Sir William Temple's Observation on the United Provinces, Bridled with hard Laws, terrified with severe Executions, environed with Foreign Forces, and oppressed with the most cruel Hardships and variety of Taxes that were ever known under any Government. Your People are become so numerous and wealthy, by Fishing upon our Northern Coasts. Did we in England diligently apply our Selves to the Fishing Trade, what a continual Sea Harvest might we reap, whose Coasts so abound with Cod, Hake, Conger, Whiteings, Scate, Sprats, Soals, Oysters, Salmon, Pilchards, Turbets, Thornbacks, Mackerel, Herrings, or Ling, all the Year long. Why e'ne such a Sea Harvest as the Hamburgers did (who after five or six Years trial to Imitate us in the Herring Fishery,) found to their cost we still outdid them, and so we shall you. The Reason why you outdid the Hamburgers, was because they were yearly Frozen up Lex. Mercator. Fol. 171. somewhat longer than you, but seeing by that Start you could out strip them, surely we need not fear the Goal; who (besides what has been said,) have in Fishing many more Advantages of you, than ever you had of the Hamburgers. The generality of your Countrymen are of another Opinion. I am not Ignorant what Industry has been used to Poyson my Countrymen with an Opinion, that none but Dutch-Men can thrive by Fishing: But unprejudiced Persons upon examining the Matter will find. The Dutch have above an hundred Leagues to Sail before they come to the Herring Fishery, which is only in the Brittish Seas, and when there, must lie at the mercy of the Winds for want of a Port to Friend, and in case of Unloading have as far back again, which takes up a great deal of Time, hinders Business, and endangers the loss of their Markets: Whereas, in England we have the Fish upon our own Coasts, so near our Shoars, that in case of Storms, Unloading, taking in of Provisions, or the like, it is but four or five Hours work (commonly not so much) to recover an Harbour, and without loss of time put to Sea again; the work of Unloading, Repacking, and sending our Fish to Market going on in all Weathers. And have not we Dogger Boats to take off our Fish at Sea, and refurnish the Fishermen with Cask, and other necessaries. Yes Sir, and you have the charge and risque of those Dogger Boats too (both which the English save) after all if it happens to be a Rowling Sea, you must lie by and wait for a Calm. What other Advantages can you boast? England, hath many convenient Tidehaven-Ports, as at Hull, Harwich, and Holy Island to the Northward, and Dover, Rye, Portsmouth, Southampton, Cowes, Weymouth, Dartmouth, Catwater, Hamose, Fowey, Falmouth, Hilford, Scilly, and Milford Westward, where at low Water all of them are small Chingle or hard Sand; so that our Vessels may easily haul a shore, and Wash and Tallow at Pleasure; nor are Creecks and commodious Places wanting in England to lodge our Busses and Doggers safe when not employed, so as to prevent wear of Cables, charge of Watching, danger of Fire, &c. What else? The Shores of England are bold, its Coasts high-land, easily discovered, several of our Cape-Lands opposite to France and Holland, make Eddy-Bayes whose depth of Water is mean as six, eight, ten, or twelve Fathom the Tides (on our own Coasts) are small Anchor hold, generally stiff Clay, Chalk or hard Gravel, so that we need not dread Winter Storms, besides the Advantage we have of lying in a moderate Climate, and in the very Center of the Trade of Europe, affords us opportunity of sending to Forreign Parts, from divers of our Ports at all Seasons of the Year: Whereas the Coasts of Holland are extreamly Low, subject to be Hazy and Foggy, have many Shoals and Sands, some of which lie so far off at Sea, that frequently Ships are Stranded before they see Land; its Ports are bad, and often choaked up with Quick-sands; its Haven's yearly frozen up two or three Months together: And the North west Wind (usually blowing the greatest part of the Year) makes Holland a Lee, and England a Weather-shore, so that (oft times) whil'st you are Wind bound or Frozen up at home, we can supply the Markets abroad. Besides, wanting Wood at reasonable Rates, you cannot share with us in the Red-herring Trade. As for Pilchards, they cannot be well cured unless brought Fresh on Shore, and being taken on our Coast's, will be Stale e're they can be carried to Your's. Not to mention our Rich New England Fishery, our Western Ports are incomparably scituated for the Newfound-Land Fishery, and the Country it self belonging to the Crown of England, you can have no footing there. Near the Pile of Foudray in Lancashire, and in several other Places along the Shores of Wales; we can Fish even without the Charge of Busses, for by only setting Nets on the Sands at low Water, great quantities of Herrings are taken next Tide of Ebb. Those Herrings on the Coast's of Lancashire (coming newly out of the Ocean) are so fat they will not take Salt kindly, consequently are apt to Reast. We now find by Experience, that fat Herrings being pressed and cured like Pilchards, take Salt kindly, and yield Store of Oyl, to the great Encouragement of our Ship-wrights, Curriers, Soap-boylers, &c. How chance this Method was not found out sooner? Dies Diem docet; those noble Salt Rocks in Cheshire, (sufficient to supply all Europe) have not been many Years discovered. Besides, of a Stone abounding in Shropshire, much Pitch is now made of so Excellent a Nature, Heat only causeth it to penetrate deeper into Plank, and Cold cannot make it crackle off; both which are Advantages Holland can't pretend to. What more? The Coast's of Wales abound with Ash; which as far excels other Wood for drying Herrings, as its Bark doth all others for tanning Nets: Nor do we in England (as you) want Willow-hoops from Hamburgh. Notwithstanding all the Advantages you speak of your Chief Fishing Towns, Yarmouth and Laystoffe, are beholden either to us at Enckhuijsen, or to the French at Diep, for selling them Nets? Before the late War, they used to buy Sail Cloath of you to, but that now made at Fulham, &c. is brought to equal Perfection with your best Hollands-Duck; and as for Nets, the Towns you mention, have these seaven Years last past made most they used; and who knows, but that our Artisans (universally allowed the best upon Earth for Improvements) may in a little time as much Excel you in these Things, as they out do the Germans in fine Steel-works, which though they first Invented, yet we now make and sell to them: But seeing you talk of being beholden: I think you are beholden to us, for selling you our Thames Lamprons wherewith you bait for North Sea Cod, else you might go ...... whistle for 'em. Have you any more Advantages of us? I omitted to tell you, that upon Exporting our Fish, we have the Benefit of a considerable draw back upon Salt. If that were all, rather then suffer that Tide of Wealth that flows in our Fishery to be Diverted to another Channel; no doubt but our States will allow the Dutch the like Encouragement: But now I find you have told me all your Advantages. Excuse me Sir, England affords Timber, Iron and Hemp; whereas, you are forced to purchase those Commodities in Foreign Countries. Nevertheless, we have all Naval Stores in Barter for Herrings, which costs us little but the trouble of hawling up out of the Sea, which being considered, and how much the catching such Herrings (by employing and encreasing our Ships and Marriners, adds to the Wealth and Strength of our Country,) it conduceth far more to our Advantage, then if Holland had Naval Stores of its own Product: Whereas, to purchase East Country Wares, the English are yearly forced to Export much Coin, to the great exhausting of their Treasure. We do not (as you) depend solely upon the East Country for Naval Stores; no, in case of Exaction or Rupture, we can be sufficiently supplied from our American Plantations. But if a Fishery be Established in England, what should hinder us from having Naval Stores in Exchange for Herrings as well as you? Your white Herrings are not so bright and good as ours. Whil'st your Clapboard is floating from Germany, the Rhine draws out its Sap, and if we also soak the Corrosive Sap out of our Clapboard, which now discolours and preys upon our Fish, and like you, gip and salt the Herrings as soon as taken, they'l be every whit as bright, and good as Your's. We build Cheaper in Holland than you do in England, and Sail our Vessels with fewer Hands. Our Ships are much Stronger and Abler to brook the Seas than Your's, and will last twice as long; and as to your sailing with fewer Hands, we envy not your Happiness, whil'st (in proportion to your Tunnage and Number of Marriners) you yearly loose (by slight building and undermanning) far more Ships and Mens Lives than we, for which Reason, in above three Parts of the World, our Ships yield better Freight, where then lies the Odds? Which were there any, could be only in Merchantmen to carry our Fish to Market; Busses and Fisher Boats carry more Men to catch Fish than are needful to Sail them: And in the Greenland Trade, each Ship must have Three times the Crew that can Navigate her, to Man their Shallops when a Fishing, were not this true since in building, English Shipwrights know no Masters, surely we might easily cause our Ships to be built and manned after your Mode. But supposing your Assertion true, if as all Ships that carry Corn to Venice, are permitted to Load Currants at Zant; so all Bottoms which Exported English caught Fish, might be allowed to return with a Loading of Naval Stores, without paying Alians Duty: That would set us upon even Ground with you, as to the Business of our Fishery. Two thousand Five hundred Persons are hardly able in a whole Year, to make a Fleet of Nets for Five hundred Busses: Now Englands many wasts and unimproved Lands, shews its not half Peopled, and of those in it, Consider. How many Women and Children do just nothing, only learning to spend what others get. How many are meer Voluptuaries, and as it were Gamesters by Trade. How many live by puzeling poor People with unintelligible Notions. How many by perswading credulous, delicate and litigious Persons, that their Bodies or Estates are out of Tune or in Danger. How many by Trades of meer Pleasure or Ornament. How many by Fighting as Soldiers. How many by Mysteries of Vice and Sin, or in a lazy way of Attendance upon others, where then can you hope to find Hands to carry on your Fishery. In England, we have Numbers of French Protestants, who fled from Diep and the Coasts of Normandy, &c. (bred to the Business of the Fishery from their Cradles) that (if setled in our decayed Fishing Towns) would as certainly make them Flourish as the Walloon and Burgundean Refugees planted by Queen Elizabeth 1568. at Norwich, Canterbury and Colchester, raised them (then so Poor) Cities, to such great Trade, Riches and Plenty. In England, we have no Sumptuary Laws: So that Mercers not foreknowing Fashions, dare not lay out their Stocks till the Spring, at which time their sudden great Demands render Journey Men scarce, and oblige Weavers to draw in Numbers of Apprentices, who in few Months supply the Trade of the Nation; when being turned off, many (like the Inhabitants of the Bath, Epson, Tunbridge, &c. who live by exacting on Strangers in Summer), are ready to Starve for want of Employment before the next Spring. Were a National Fishery established in England, our Gentry by causing their Footmen and Servants to rise early and employ their idle Hours in making Nets, might not only reap the Profit of their Work, but by accustoming them to Business in their Youths, beget in them such industrious Dispositions, as would prevent (what now too frequently happens) their becoming Beggars, or worse in Old Age. The time of Labouring, and industrious People well Employ'd, is the best commodity of any Country; and were a Fishery established in England, how Advantagious would it be to the Publick: When all our disbanded Soldiers, poor Prisoners, Widows and Orphans, all poor Tradesmen, Artificers and Labourers, their Wives, Children and Servants, each vacant Interval may be getting a Penny by braiding and beeting of Nets, &c. The far greatest Part of Englands Droans, are neither so Young¸ nor yet so Old or Decrepit, but that they may either turn Wheels, spin Twine, braid or beet Net's, cut Corks, cast Leads, make Herring Spits, Norsels Swils, or Baskets, Gip, Spit, Salt, hang or pack Herrings, or at least tend Fires to smoak or dry them, pick Oakum or the like; and as a constant Employment of our Poor, will be a continual Ease and Comfort to them, by amusing and diverting them from thinking of their Poverty or other Misery; so will it alleviate the Nations Burthen, and in some measure be a Re-peopling of us too, by adding so many lost Hands to the Service of the Publick. But still you want Marriners; whereas Sailers in Holland, are as Common as Beggars in England. 'Tis own'd, our want of Marriners enough at once to Man our Navy, and Collery, cost London, and the Dependencies upon the River of Thames (during the late War) above Seaven hundred thousand Pounds, only in the Price of Coals; by which may be guessed, how Detrimental it was to the Trade of our Nation in General. But the more we want Marriners, the greater Reason we have to Establish a Fishery; which (as is shown in the Preface) is the best way to Encrease their Number. The many Thousands English, Scotch and Irish Marriners, who now yearly Fish for you, would hardly seek work abroad a broad , if a Fishery afforded 'em full Employment at home, and 'tis odds, but a finer Country, cheaper and better Food and Raiment, wholesomer Air, easier Rents and Taxes, will tempt many of your Countrymen to cross the Herring Pond. Since the Peace is concluded and our Great Ships laid up, we have Marriners enough to being a Fishery; and as that goes forwards, it will proportionably encrease their Numbers. Fishing is a Work, for which the English are unfit, and requires such skilful, industrious and robust Seamen, as no Country breeds but Holland. Your learned Keckerman say's, Omnibus Hodiè Gentibus, Navigandi, industrià & peritià Superiores esse Anglos . 'Tis certain, our Mariners do as cheerfully undergo Hardships, and are as bold in Danger as any, and for hard Labour, the working of a Mine is incomparably harder than that of a Buss. No Country but Great Brittain can boast, that after twelve Hours hard Work, its Natives will (in the Evening) go to Foot-ball, Stool-ball, Cricket, Prison-base, Wrestling, Cudgel-playing, or some such vehement Exercise for their Recreations; and as for their Genious, its Remarkable, that such Lads and Country Fellows as at Yarmouth, Laystoffe, &c. are once hired into the Fishing Trade, and come to feed on the Fish they catch, it improves them at such a rate, that of pittiful weaklings at Land, they become healthful, stout and hardy Persons, and upon trial find it so much to their liking, that not one in twenty but take to the Sea for good and all. English Men are dainty Chap't, and when a Fishing cannot fare like ours. It is certain, they need not for Meat and Drink in Ireland, and in many Parts of England are above as Cheap again as in Holland, which produceth no other Provisions (for Traffick) than Butter and Cheese, and those too are Cheaper with us than with you: Besides 'tis observed, that whatever Dutch Fishermen save by eating of Grout, they drink more than our's in Brandy. The Act of the 18. Car. 2. prohibits the Importation of Irish Cattle, to keep up Rents: Now catching much Fish (by hindering the Consumption of Flesh,) will make Lands fall. Doubtless Plenty of Food, is a great Blessing of God, and no Good Englishmen will desire to grow Rich by a Famine. Its generally the landed Men bear the Burthen of the Poor, without finding them Work, they must maintain them Idle: Where the Poor's Rates are High Lands will fall, and Rents be ill paid. The cheaper Provisions are, the less Taxes will serve in time of War, House-keeping will be less Chargeable, and a less Rate maintain our Poor: But where Provisions are Dear, Work and Wages, will rise in proportion to the great Detriment of Husbandry, and stop to Improvements, which (pro tanto) will fall Rents; and raise all Manufactures, yet lessen their Consumption both at home and abroad, and Necessitate Masters for want of Vent (by turning off their Journeymen) to make whole Families of Beggars at once. Catching much Fish, will Morally speaking, render England less subject to a Famine, which generally exhausteth more of our Wealth in one Year, than War doth in two. Catching much Fish, will give work to many Thousands of both Sexes that now are cloathed in Rags, and (through Poverty) live only on Bread, Water Pulse, Roots, and the like, who when they come to have the rewards of their Labours in their Hands, will Encourage the Woollen Manufacture, by buying New Cloaths; and our Farmers by a greater Consumption of the Product of the Earth, By drinking Strong-beer, will advance the King's Excise by encreasing the Number of Tenants, raise our Rents, yet lessen our Poor's Rate and Taxes, by helping to pay them. Catching much Fish, will occasion the expence of much Butter, and make our Farmers run much upon Daries, the Business whereof though performed by Women, turns to as good Account, as the hardest Labour the Husbandman can employ his Time in: Put case the Market should be over stock't at Home, English Butter is too Good a Commodity in Flanders, France, Spain, Portugal, &c. ever to want Vent abroad. The Cheaper our Provisions are, the more Navigation will be Encouraged, more Foreign Ships will Victual with us; fewer of our's in Ireland, and the more Beef, Pork, &c. shall we Export to Barbadoes, Jamaica, &c. so that supposing Meat should not always remain at a very excessive Rate, yet where a greater Consumption causeth a quick Market, though at a midling Price; if the Proverb be true, light gains will make a heavy Purse. It is cheap Provisions that Enables the Indians to Supplant the Europeans in their Manufactures; and should a Fishery make Provisions in England but one Tenth part Cheaper, Wages would fall in Proportion, and our Artists grow never the Poorer, yet our Merchants be enabled (by underselling) to beat all the rest of Europe out of the Woollen Trade, and then our Farmers would gain far more by the rise of the Fleece, than they'd loose by the fall of the Flesh. After all, the Profit of Land in England doth not wholy consist in Breeding, abate in Grasing, and plow up more Pasture, and Flesh will hold its Price. Corn is so Cheap in England, your Farmers are often Broke by it, what then could you do with greater Quantities. E. The Reason why Farmers sometimes want Vent for their Grain, is because we have not always Store, and therefore Merchants makes no provision for the Trade. But if we yearly Sow such Quantities of Corn beyond the Expence of the Nation, as Merchants may be no less certain of a constant supply here than they are in the Sound (where the Country depends as much upon their Harvest, as France does on its Vintages,) Plenty would soon create a Trade, and the Advantage of England's lying so much nearer than Dantzig to the Places where Foreign Corn is exported, together with the Allowance granted by the 25. Car. 2. upon the Exporting thereof, will sufficiently Encourage Merchants to deal therein. Most of our Ships are now sent light to Bilboa, and Lisbon, (now what loads our Ships helps our Navigation,) and our Exports to Lisbon not answering our Imports from thence; the more we send them in Corn, the less their Wines will cost the Nation in ready Money, or Bills of Exchange which is all one. Gold and Silver Mines England hath none, and in time of Peace no way to get Bullion, but by Foreign Traffick; to which, nothing can more conduce than cheap Fishing, and cheap Working and Manufacturing the Commodities, which compose the Exports of our Kingdom, and that is, not to be effected except Labour be Cheap, which it can never be where Provisions are dear: But the cheaper our Provisions are, the cheaper our Exports may be afforded, consequently the more Vent we shall have for them, and much Vent will cause many Workmen, and when the Wheel is set agoing, Trade begets Trade, as Fire begets Fire; and the more Trade encreaseth, the more will Industrious People from all Parts flock to us, and Tenant our Houses, enclose our Wasts, improve our Lands, encrease our Manufactures, and enlarge our Products, far beyond the whole Expence of our Nation, and thereby in Proportion add to its Wealth and Treasure, for Merchants exporting the Surplus, will in Returns bring back Gold, Silver, and other valuable Commodities, which in England that hath property by Succession of Contracts, will diffuse among its Inhabitants, and thus as the Number of Persons made Rich by their Labour and Industry encrease, and the Choice of Tenants and Chapmen are enlarged, a kind of Competition amongst them, must and will make Rents and Lands advance in Proportion: Witness Holland, and such of our Lands as lie near Great and Populous Corporations. So true it is, that Trade and Lands are Twins, that always wax and wain together. Notwithstanding what hath been said, I advise all your Country Men not to be concerned in a Fishery, for in Holland we have Money at Three, whereas the Trade of England is burthened with Six per Cent Interest, consequently you can never keep pace with us. Why do you not (for the same Reason) advise us, to forbear Trading to East India, Turkey, Spain, France, Italy, Portugal, &c. nay, to quit all Navigation, and abandon our Selves to the next Comers. Was it not the Fishing Trade gave rise to all your Wealth, and as Money grew plentiful in Holland, did not Lands rise gradually to near forty Years purchase, and Interest fall by degrees from Eight to Three per Cent? Why then may not we expect, that a Fishery will do the same for England, and be a means to regain our Muscovy, Greenland, Norway, and East Country Trades? For, still as Trade by encreasing of Wealth, causeth an abatement of Interest, abatement of Interest, will yet cause a further encrease of Trade. The Dutch are already setled in the Fishing Trade. Stately, Genoa, that once employed Forty thousand Hands in the Silken Manufacture, declines now as fast, as her formerly neglected Neighbour Leghorn riseth: And if the French King continues to court all the World with popular Immunities, Leghorn (in time) must give Place to her Sister Marseilles The King of Portugal having discovered the Passage to the East Indies Anno 1500. by the Cape of Good Hope, and so diverted the Course of Trade driven by the Venetians, from Alexandria, and the Red Sea to his Port of Lisbon; kept Factors at Antwerp, to Vend there his Indian Commodities; which drew several Merchants from divers Parts to reside there, and made that pleasant seated City the Pack-house of Europe: But when the Dutch Anno 1602. also found the Way to the Indies, and began to Rival Portugal in that Trade, Merchants resolving not to loose the Advantage of their Skill in Indian Commodities by removing to Amsterdam, improved their own Estates but ruin'd Antwerp. Trade like the Sea, its Element often ebbs and flows from one Place to another; not many Years since, we Imported Silk-stockings from the Levant: But now the Tide is turn'd, and we send them thither. Projects in England, have of late proved very Unsuccessful. What though some Men have run upon wild Notions, and catching at Shadows lost their Substance, that's no Objection against our Fishery, which is a certainty; for the Sea yields her Fish, as well as the Earth her Fruit in due Season: And Neptune hath been far more Bountiful Bouutiful to you than Ceres. Have you drawn up a Method for Employing the Poor of England in a National Fishery? I have attempted it, but find the well contriving the Business requires far better Heads than mine. However let's see your ESSAY. Here it is Sir, and may receive Alterations and Additions upon Consideration. The Companies Interest will oblige them to Provide the best and soberest Masters. How to prevent their Desertion can be shown beyond Objection. The Boys being in the Fishing Season employ'd at Sea, and working at other Times at that Trade relating to the Fishery to which they were Bound, when their Time is out, will be able to get their Livelyhoods either at Sea or Land; and if to render them more capable of serving their Country, the said Father's or Steward's (at Four a Clock each Saturday in the Afternoon) should cause them when (on shore) to Muster, and Exercise although only with Staves,) and for Diversion to play at Cudgels, or Fence, and reward the Conquerer with liberty of wearing a small Ribbon, whose distinguishing Colour of Red, Blew, &c. should Entitle them to be called Captains, Lieutenants, &c. by the rest of their Fellows, till next Weeks trial of Skill: How soon would Emulation beget Address? And what a Treasure and Strength to England would such a Sea-Militia be, always ready for Service both by Sea and Land, and yet no Charge to the Nation till actually in it. That His Majesty may be addressed to grant Leases to the said National Fishery, of all Wasts and Derelict Lands to be by them used in building Warehouses, curing Fish, spinning Twine, and drying and beeting their Nets and the like; and also to be by them distributed amongst such of their Apprentices, their Heirs and Assigns, as shall have faithfully served them Eight, or more Years, not more then five Acres apiece. Upon the whole, I confess, that England may out Fish us, but then you must have nothing to do with Companies, only make it every particular Man's Interest, and they'l soon make it their Business. Its Dangerous taking a Rivals Advice, and well known why Fish was so Cheap this Year in Spain, Portugal, Italy, and other English Markets; yet sold so well in the East Countries. Glutting Markets may Ruine particular Men, but its far more Difficult to put Tricks upon Companies. D. After all, where can you find a Set of Honest Men, to carry on a National Fishery in England? In Amsterdam, you have your Church-Wardens, Directors of Bethlem, of your Rasp-house, of your Spin-house, &c. Commissioners for your small Differences, and those of your Levant Trade, your Sea Affairs, &c. also your Vroedschap, your Schepens, and your Burge-masters, which are Places of far more Trouble than Profit, yet (being the usual steps to Preferment) are generally (like that of Common-CouncilMen in London) officiated without Reproach. Not for that the Dutch are honester Men than their Neighbours: But because such are found tardy in those Employments are barred all future hopes of Advancement. And should our Parliament address his Majesty to prefer in the Custom house, Excise, &c. such as behaved themselves well in the Fishery, and make breach of Trust therein, to incapacitate Men from serving the Government in any Employment Military, or Civil for ..... Years (how small Wages soever the Corporation allowed,) the Company would never want Servants, that Voluntier like, would vie with each other, who should best serve their Country by most promoting its Fishery. An Honest-Man is a Citizen of the World, Gain, equaliseth all Places to me. And when you Settle a Fishery upon better Terms than our's (as my Grandfather left Antwerp when its Trade began to decay, and removed to Amsterdam) I'le bid adieu to t' Vaderlandt , and Remove to London in the Interim: Farewel. SEeing in the Preamble of an ACT passed in the 14 Car. 2. 'Tis declared, That the Publick Honour, Wealth and Safety of this Realm, as well in the Maintenance and Support of Navigation, as in many other Respects doth in an high Degree, depend upon the Improvement and Encouragement of the FISHERY. And seeing the way to all this Honour, Wealth and Safety is so Plain and Easie, that by only a Frugal and Industrious management of Affairs (without quarrelling with our Neighbours,) we may quickly become sole Masters of the Fishing Trade. For shame let not English-Men longer say, with Solomon's sloathful - > There is a Lyon in the Way. Prov. 26.13. "
"England's path to wealth and honour between an English-man and a Dutch-man [...]"
"WHEN I see a Proposal for raising of Money, with a more than ordinary Shew of Zeal for Publick Good, what I first look for is, a certain little Thing in a Corner, which may be properly call'd, The JOB; or what is to be got by the Projectors? And, to say Truth, I was not long, before I discover'd This in the Proposal now under Consideration. And that I may undeceive some well-meaning People, who seem not to dislike the Project, and likewise unmask those pretended Patriots; I will endeavour, in few Words to prove, That the Redemption of the Publick Funds, by breaking into Parliamentary Contracts, as propos'd in the Journals of the Wednesday-Club, and in the two Schemes extracted out of the said Book are Unjust, Dishonourable, Unnecessary, Impolitick, and lastly, a manifest Roguery, calculated to draw a Sum of Money out of the Pockets of the fair Purchasers into those of the Projectors, and their Confederates. Before I enter into the Subject, I think I am bound to declare, That I only examine the aforemention'd Journal; and, that I am so far from suspecting any ill Design in those of higher Posts, whose Business it is to contrive Schemes for the Payment of Publick Debts, that I think, by the Contempt they shew of a little popular Clamour on this occasion, they give Proof of their righteous Intentions, and of a steddy and publick Spirit; and I hope they will be supported in all their honourable Proceedings, in so commendable a Work, which, considering their good Judgment, must tend as well to support the Credit and Honour of the Nation, as to pay its Debts. As to the Injustice of a forc'd Reduction of Funds that are not redeemable, I need say no more than to state the Case of any private Person or Corporation, who has made an absolute Sale of an Annuity; whither such a Person can in Justice force his Annuitant to refund Part of the Money already receiv'd, or retrench any Part of his Annuity for the Time to come, or give up his Security upon Payment of his Original Price? and I desire the Publisher of this learned Journal to apply his Argumentations in this Case, and see how ridiculous they will appear. I suppose this great Lord tells his Annuitant, That when he made the Bargain, his Necessities were pressing, and consequently the Contract disadvantageous. That Money, at that Time, was at a higher Interest, because scarcer, and the Hazard of losing it greater; but now he could borrow upon easier Terms; therefore, he must either take back his Money, or rebate a third Part of his Annuity. That if the Annuitant would not consent to this Rebatement, he should be forc'd to rack his Tenants, or mortgage some Part of his Rents. That by such a Rebatement, his Tenants would sell their Goods at Market cheaper, of which the Annuitant himself, who commonly bought of them, would have the Advantage; and therefore Interest, as well as Justice, oblig'd him to consent to such a Rebatement. That he had other Creditors who had not so advantageous a Bargain, as the Annuitant, and some who had of their own accord disburs'd Money for some of his Predecessors who had no Security at all; that its was highly unjust his Creditors should be upon an unequal Foot. That it was well known, that some Year ago, when his Credit was not so good, his Annuitants transfer'd for Two-thirds of the Money, which they now value their Annuities at; in short, if they were willing to accept of that Sum, there it was; if not, they might take their Course, he had those about him that would make them all deliver up their Securities. I think this is the Sum of what is said through 276 Pages of the Journalist. If we shift the Scene again, and in Place of this great Lord, substitute a Nation or Body-Politick, the Injustice will be only so much the more flagrant and scandalous, as the Person offending is more conspicuous. The Rules of Right and Wrong are immutable, and will no more bend to the Great than to the Small. Before I go further, I must take notice of the Impropriety of the Word Redemption, in the Sense of the Author. Redemption, or buying-back a Thing, implies a Contract between the Buyer and Seller, where both must act as free Agents: But if one Man forceth another to part with his Goods at what Price he pleases, in private Persons it is called Robbery, in Governments, Resumption; which Word I will beg leave to use sometimes, instead of the other, as more proper. P. 250. One of the Author's chief Arguments for the Justice of such a National Resumption, is taken from the Law of God, and the Example of good King Nehemiah; but unfortunately this will prove the Resumption of the Whole, not only to be just, but necessary. The Law of God prohibits the Taking of Usury (by which, among the Jews, was understood all manner of Interest) and so, I suppose, if the Authors Scheme were pursu'd, this Law, enforc'd by a short Act of Parliament, would, in Time, resume the Whole, as it doth now a Third. The Example of good King Nehemiah is strongly recommended to his present Majesty, as worthy of Imitation, and a shrewd Hint given of the Period when such a Total Resumption is to commence, viz. the Seventh or Sabbatical Year, as the last Act and Deed of the present House of Commons; but, I believe, they are more likely to send the Author to Bethlehem Hospital, than to take his Advice. This Argumentation is so silly, that it hardly deserves an Answer: I only beg leave to observe, That the Resumption of Nehemiah was a Judgment upon the known and establish'd Law of the Country, which prohibited taking of Usury; and this Determination acquiesced in and consented to by the Possessors of these Mortgages, not a Law ex post facto , to dissolve a lawful Contract. So much for the Theology of the WednesdayClub. But I would gladly ask, what he means by Usury, and how he applies it in this Case? Money is like other Commodities; sometimes dear, sometimes cheap; according to the Proportion of its Plenty, to its Vent or Demand. If a Person has purchas'd, for a Price specify'd, a certain Quantity of a Commodity from me, when it was dear, would he pay me only according to the Price-Currant, when it is sunk a Third in Value? Let our Author apply that Maxim to common Traffick, and try what Credit it will produce amongst Mankind. The Case of the Annuities is still stronger; for the Price, that is, the Security that entitles a Man to it, is actually paid, and he would have the Government (the Purchaser in this Case) resume a Part back again, because he can now buy the same Commodity cheaper: Indeed, where there is a Clause of Redemption, the Restitution of the Money is the full Performance of the Contract. P. 252. But, says the Author, Clauses of Redemption are plainly meant, tho' not express'd. I would gladly have the Author, and his famous Club, publish a Supplement to the Statutes, consisting of Clauses in Acts of Parliament, that are meant, but not express'd; and let this new Sort of Law be set up, and I will promise him, not only the Government Securities, but all others whatsoever, will sink 20 per Cent in Value. Our Author's Scheme is compos'd of too high-relish'd French Ingredients: The Regent's Method of paying of publick Debts, and Lewis the XIVth's Method of explaining publick Treaties; with a small Dash of the Spirit, where the Letter is defective. There is another Cause that raises the Value of Money in a Loan; the Hazard of losing it; in Proportion to which Chance, the whole Value of the Adventure is to be calculated. Thus 100l. a Year, payable upon the Contingency of one Person's out-living another, whose Life is equally good, is only to be reckon'd and purchas'd as 50, and only the half of the absolute Value to be payed for it; and when the Proprietor of such a Reversion comes to be entitled to his 100l. a Year, would it not be highly Unjust to give him only Possession of 50, because his original Price answer'd only to that Sum? From an Analogous Reasoning, all the Dangers of the Government, and all the possible Cases of Insolvency, must be reckon'd in to the Account of the Purchasers; and it would be full as Unjust in the Government, as in the Seller of the Reversion, to deduct a part of the Sum, in Consideration of its greater Security and Credit, when it is now in better Circumstances. I dare say, had the Purchasers had the least Apprehension of Schemes, such as the Author has set up, the Government must have paid still double for their Bargains. But this Redemption will appear more monstrous, if one considers the Cases of Widows, and Orphans, entitled to Annuities by Marriage-Settlements for valuable Considerations; and I desire the Author, or any one for him, to unravel the Difficulties of the single Case of Reversions, with any tolerable Justice or Perspicuity. To alledge, as he does, P. 143. the Smalness of their Number, and consequently, that the Injustice is inconsiderable, because not extensive, is in effect no better than this: Gentlemen, There is a Necessity for making a Law which will involve a great many Innocent Persons in Sufferings; but you may depend upon it, according to the nicest Calculations, not above 6 per Cent. of you shall be hang'd. As to his other Proposal of distinguishing such Cases of Compassion, I hope the Government will make the Wednesday-Club Commissioners of Enquiry for the forfeited Estates of the Annuitants, and applying of such Præmiums; and I'll promise you they will not change with the Commissioners of the forfeited Estates of the Rebels. After having prov'd the Author's Scheme of Resumption unjust, I think I need not add, that it is dishonourable; is it not then an unpardonable Presumption in this Journalist, to suppose a British Parliament will do, what the greatest Scoundrel would not avow? Refuse to pay a just Debt, break their Faith, violate a solemn Contract: A Parliament compos'd of Persons, that have always made the Supporting of the Funds their Badge of Distinction, from those of the opposite Party, whom they have branded with contrary Sentiments: Will they resume the Nick-names they have given their Antagonists at Elections, and suffer the Tory-Spunge to be thrown in their Teeth by the Populace? Tell it not in Gath. Can he suppose, that this House of Commons has forgot what they told his Majesty two Years ago? That nothing can contribute more towards preserving the Credit of the Nation, than a strict Observance of all Parliamentary Engagements, which we are firmly resolved upon all Occasions inviolably to maintain. Can they put such an Interpretation upon his Majesty's Words, recommending the Payment of the Publick Debts, as if they signify'd a Resumption, when his Majesty told them in express Terms, at their first Session, that nothing can contribute more to the Support of the Credit of the Nation, than a strict Observance of all Parliamentary Engagements? What Punishment then is due to such Insolence, that can suppose, that the same House of Commons (with Reverence be it spoken) will, like Common Cheats, promise any Thing in their Streights, and when those are over, leave their Creditors the rueful Exerience of their forward Credulity? This Method of Redemption, in the Author's Sense, if apply'd with the Equality so much pleaded for, will raise a much greater Sum than what is propos'd; for it ought to affect equally all that have made advantageous Bargains with the Government; then, why is it not equally just to repay to the present Proprietors of the Forfeited Estates in Ireland their Original Price, as to the Annuitants? They have both the same Security, the Faith of an Act of Parliament; only the Landed-Men have made the more advantageous Bargain, for their Purchase is risen to be near double in Value; and the Commissioners for such a Redemption, can as easily value Repairs and Improvements as the Extraordinary Cases of necessitous Annuitants. Nay, if the Author pleases, let us carry his Level into another Field, and redeem all the Fee Farm Rents that have been alienated from the Crown at an under Value; and what is infinitely more just still, resume the Exorbitant Grants of the Crown for several Years past; for there is no Proportion between him that paid the just Value, and him that paid nothing; between one that has a Parliamentary Security, and one that has none; between those that can spare it, and those that can not: And if they had Parliamentary Securities, it is always more just to take back an extravagant Present, than to defraud a fair Creditor. As an Instance of the Right of Parliaments to seize upon private Property, where the Publick Good demands it: It is said, that if the Government had occasion for a Fortification, or a Harbour, they can oblige the Proprietor to part with the Ground, where they are to build. I answer, not in Justice, without paying him the Value. Indeed, Governments have sometimes limited the Price, when the Proprietor was extravagant in his Demands; but there is no Parallel between a Case where the Safety of the Government is immediately concern'd, and one where it is not; where no publick Faith is broken, and where it manifestly is. Besides, such a Power by Acknowledgment belonging to all Governments, all Proprietors of Lands, purchase under the Chance of the Exercise of it, as much as under that of a Land-Tax. This leads me to the Case of Necessity that is pleaded. And here I beg leave to observe, that Necessity set up in Opposition to Justice, is a terrible Plea in the Hands of the Mighty. Necessity may be a Plea for one Man's eating another; and in its full extent, upon some Occasion, might justify the Victualling a Ship with some of the Annuitants, as much as it does now seizing upon their Property. To state this Case as disadvantageously for my self as possible; there are about 40 Millions of Debts, with Interest above 5 per Cent. of which there are about 21 Millions Annuities; of these Annuities about 10 Millions of 99 Years, and 11 of 32 Years; of the 11 Millions of 32 Years Annuities, there are, I think, 2,400,000l. which are not redeemable; the rest are: But suppose the Debt of 11 Millions of 32 Years Annuities were left as it is, they will all expire, either a Year before the last Period fix'd by the Author, for Payment of publick Debts; or at the time, or three Years after the time. The remainder then is 19 Millions, which is a pretty large Subject for the Frugality of the Government to work upon, and yet it is manifestly practicable to pay this Debt off. For an Annuity of 1 per Cent will pay off a principal Sum in 33 Years, with Interest at 6 per Cent; and in 35 Years with Interest at 5 per Cent; so that the Sum of 190,000l. will pay off 19 Millions in that time; and 290,000l. will pay off the whole 29 Millions of publick Debt, (exclusive of the Annuities of 99 Years) according to the Author's extravagant way of reckoning: But suppose by a settled Condition, (of which we have the happy Prospect under his present Majesty) and a great Abatement of Annual Expences, the Nation should be able to make some great Payments of the Capital, or raise half a Million a Year; that half Million will pay off the whole 29 Millions in 28 Years, (two Years more than the Author's period) reckoning Interest at 5 per Cent. As for the 10 Millions of 99 Years Annuities they are no less redeemable than the other Funds; the single Question is, Whether this is to be done at a forc'd Price, or at a Price by fair Contract, between the Buyer and Seller? (which I think can only, with propriety of Speech, be call'd Redemption:) For if a private Person can purchase an Annuity, a Government can; all the difference between the Case of a voluntary, and that of a forc'd Redemption (which I will put at 4 Years purchase) will be 2,788,275l. 17s. and 6d. This I affirm is not a Sum to be put in Ballance with the Honour and Credit of the Nation. It is certainly a very practicable Thing for the Government to convert those 99 Years Annuities, into a redeemable Debt; and let them but open a Subscription at any time, with some Advantage to the Annuitants, at the currant Interest of Money at that time, and the Bulk of them will be subscrib'd: And to a Government that supports its Credit, it will be all one whether the Price of these Annuities be high or low, because they can only rise as the Interest of Money sinks, the latter being the Cause of the former; yea, it will be the Advantage of the Government that they should be high, rather than low, because they can in that case borrow Money at so much a lower Interest, either to buy off those Annuities, or to pay off those other Funds that are redeemable. I have in these few Hints purposely avoided precise Calculation, for the Reader's ease; and if there be any little Error in the Numbers, it will not break the thread of the Reasoning. It is true, the Annuitants, if Parliamentary-Contracts are observ'd, must be in a better Condition than the other Creditors of the Government; but to such as find fault with this proceeding, the Government may answer, as the Landlord in the Gospel did to the Murmurers, against his seemingly unequal Dealing with his Day-Labourers; Friend, I do thee no wrong, didst thou not agree with me for a Penny? take that is thine; is thine Eye evil, because I am good? This may be said for the Annuitants, that those Creditors of the Government who have had their Money upon the Stocks, have had many Opportunities of improving their Capital, and turning it to Advantage, and which the Annuitants have been deprived of; for the loss of which, this new Advantage may be but a reasonable Compensation. It will not be improper, in this Place, to apply my self to the LandedMen, and desire them to consider, that tho' this Project of Resumption seems alluring at first Sight; yet it is highly probable it may be the Cause of greater Suffering to them, than all the present Advantage they can reap by it; for they stand, in relation to the Government, as a perpetual Security to a Debtor; and whatever false Steps the Debtor makes, the Security must at last pay for it. And if by the Wound which such a forc'd Reduction gives to publick Credit, the Government, in some future Exigency, should be forc'd to give exorbitant Interest, they will feel it more sensibly than they did some Years in the last War, when their Lands sunk several Years Purchase. One Thing is plain, That sinking the Credit in the Government, will naturally hinder the Lowering of Interest, which is always to their Prejudice. As to the Necessity of Relieving the People from the heavy Taxes upon which those Annuities are payable, it must be consider'd, that according to the Author's Scheme, either those Taxes, or Taxes equal in Value to them, must be continu'd for a lesser Term of Years; and it will not be any Hardship to change their Funds, if the Annuitants have an equal Security, and the same Sum as punctually paid. I have suppos'd hitherto Interest at 5 per Cent; but it is almost certain that Interest will still sink much lower, as the Government pays off its Debts; for what can their Creditors do with their Mony? Keep it by them? That is worse than the lowest Interest. Employ it in Trade? That is pretty much charg'd already: Besides, the Bulk of such Dealers in Mony are unskilful, and timorous in Projects of Trade. Will they carry it Abroad? There they have less Interest, and worse Security. Purchase Land? That will rise in proportion. I cannot see what is possible for them to do, but to lend it back to the Government upon any Terms. This will appear evident to any one, who considers what the Proprietors of Ten Millions of South-Sea Stock could do with their Mony, if the Government should tender it? To be sure they must lend it back at Three per Cent. rather than keep it by them, and all this with the Credit and Honour of the Government; whereas on the contrary, should the Government force the Proprietors, by a Law, no Body can tell what Terms they must borrow Mony upon for the future. These few Hints may serve to prove, that there is not so great a Necessity for so violent an Expedient, which the Greatest will hardly justify. I proceed now to my third Head, which is to shew, That a forc'd Reduction of the Funds is highly impolitick. What Value can be set upon the Faith and Honour of a British Parliament? What has carry'd us through two such Terrible and Expensive Wars, as History can hardly parallel? What has sav'd us in the most dangerous Junctures? Nothing but the Opinion of the World, that the British Nation would never violate their Faith: And as this Principle has sav'd us in our past Distresses, it is able to do so in Twenty more: And shall we barter this invaluable Jewel for a paltry Sum of Mony? Must the Generous, Steed that has carry'd the Soldier through Twenty Battles, and may carry him through many more, be knock'd in the Head to save the Expences of Keeping? Can any Man say we shall never have occasion again for National Credit? Perhaps it may be answer'd, if such a Juncture should happen, the propos'd Resumption, with the Land and Malt-Tax, will enable the Government to carry on any War they may be engaged in afterwards, without being obliged to borrow. This is so absurd, that the very Insinuation is enough to Ruin the Publick Credit entirely; for the Surplusses of the Funds, by the Author's Scheme, being engag'd for Payment of the principal Sums, the applying them to the Yearly Service, must put the Proprietors out of all Hopes of ever being reimburs'd, and involve the Nation in insuperable Difficulties; for this is seizing first upon the Interest, and then upon their Principal. To all this the Author answers, with a Never fear: England will always find Mony: Great Premiums will always bring it in upon an Exigency. But is it not obvious for a mony'd Man to reason about his Premium, from the Experience of the Reduction of his Interest? 'Tis true, Gentlemen, you allow me such a Rebate now, but when this Difficulty is over, I shall only be paid according to the Sum advanc'd; and be told, That I Prey'd upon the Necessities of the Government. Can a private Man who refuseth to pay a just Debt, ever hope to borow again in his Difficulties? If I grant, that a private Person may, because the Law can compel him to pay if he is able; I am sure a Government never can, because they cannot be compell'd. Credit is compos'd of Ability and Willingness to pay; in Persons under the Power of Laws, there is a Remedy against the Latter; but Unwillingness in a Government, is an infinite Obstacle which no force can remove: Therefore, their Faith should be inviolable, as much as their Power is uncontroulable. If the Government should make the smallest forc'd Rebatement of their Debts, can any Man say where this will stop? Necessity and Convenience are Arbitrary Things, of which every Man judges according to his present Views; but these Points are still more ticklish, when they take the Mony out of one Man's Pocket and put it into another's: In such a Case, few will trust to the Rectitude of Judgment, when they have Experience of the Perverseness of Inclinations. Can any Man say to Violence, so far thou shalt go and no further? The Plea of the Resumption-Men, when the Fences of Justice are once broke down, may serve as well for the Whole, as for the Part. Thus it may happen, in process of Time, That as one Sett begins to rub out a Part of the Score with a wet Finger; another (by the Assistance of the same Argumentations) may come at last with their Spunge and rub out the Remainder. I might, on this Head, appeal to the Experience of Governments which have suffer'd by breaking their Faith in Mony-Contracts, and never could again be trusted in their Exigences. I believe the Examples of the Methods that are now practic'd in France and Holland, in relation to publick Funds, do not prove, by their Consequences, that they are worthy of Imitation; and I will be bold to aver, That should any new War happen, the Credit of the British Parliament would be of more Advantage to us, than all the Funds they have redeem'd with the Loss of their Credit: Yet it is from the Proceedings of France that the Author seems to have copied his Scheme, with this difference, that the Determinations of the French Chambre Ardente , are more equitable than those which our Author offers to a British Parliament; for no Body will deny that it is more just to make some Individuals, (which by base and indirect Means have overgorg'd themselves with the Publick Treasure) spew up their unrighteous Gain, than to defalk from the fair Purchasers. I will go further, and affirm, That the Example of our Neighbours is rather an Argument for a contrary Proceeding: And it will be more for the Interest and Glory of Great Britain, after so many Millions spent, to be the only Nation of Europe that never broke their Faith; a Proceeding that some time or other may be of infinite Use to the Nation. I beg Pardon for spending so much Time in proving a self-evident Proposition, viz. That refusing to pay a just Debt, will sink the Credit of any Person, Body-Corporate or Politick, and that such a one can never, for the future, borrow Mony upon such easy Terms as before: So that the single Question, as to the Point of Expediency of this Method, towards obtaining the End propos'd (the Payment of Publick Debts) is this: Whither the Government, by a strict observance of all ParliamentaryContracts, had not better take the Advantage of the Certainty of Lowering of Interest, and consequently of borrowing Mony still upon easier and easier Terms, for redeeming the Funds that are redeemable, and contracting with the Proprietors of Funds of those that are not, than to pay off their Creditors by a forc'd Reduction, with the Prospect of never being trusted for the future? A Politick much like that of the old Woman in the Fable, who ripp'd up the Belly of her Hen that lay'd a golden Egg every Day, in order to find the Mine. I come now to what I at first call'd, The JOB, which I take to be the Key to the whole Project, of which it is possible the Publisher may be ignorant. Amongst the List of publick Debts the Author reckons thus: l. Houshold Debts of King William - - 600,000:00:00 Arrears of the Army, and Debts of the late Queen 2,000,000:00:00 2,600,000:00:00 Here I desire the Reader to mark the knavish Way of Stating the last Article: The late Queen's Debts compose, with the Arrears of the Army, two Millions; when, perhaps, there are not Fifty thousand Pounds on the first Score, and not near that Sum beyond what Her Majesty has left Effects to pay: But under this Head are huddled up all old Claims, I suppose, the Hundred and thirty thousand Pounds due to the Dutch Regiments, which their Agent never accounted for; a blasted JOB of many Years standing; and God know how many other Things besides, which are now Stock-jobbing about Town, and are rose from Nothing to 10 per Cent. Now let any Man judge, when such a Sum of desperate Debts, (that to the Army excepted,) are brought up, perhaps for 5 per Cent. what Sums may be got? I will be bold to say, here is a Temptation too strong for the Vertue even of some former Houses of Commons, or perhaps any less Honest than the Present. To make this Project more palatable, and the Solicitors more numerous, all concern'd in these Debentures are engag'd in Interest to promote it, and the Annuitants are fall'n upon because they are single Persons, and no Corporation, which is no small Artifice. Vide said Scheme. Accordingly, mark how the Author lessens the Publick Debts, for Payment of 39,602,043l. 03s. 07d. he immediately raises 42,000,000l. and besides the 42 Millions, a Sum of 62,000l. a Year, which will raise a Million and a half more. A plentiful Field This is plainly the Mystery of the whole Proposal; for I will always lay Gold to Silver, That where there is a Project of Twenty Millions of Publick Profit, and only Twenty Thousand of Private Gain, that the Twenty Thousand, and not the Twenty Millions, the Private and not the Publick Gain, gave Rise to the Proposal. The Author's Proposal is no more Roguish, than the Methods by which he would bring it about. In order to make the Annuitants submit to this Redemption, they are threaten'd threatenn'd with a Law of Restitution, p. 134, 135; with being Taxed, p. 181; with a Mob, p. 189; and lastly, such Principles advanc'd, as will prove the Necessity of a Lex Agraria ; yea, an equal Division of Property throughout the whole Kingdom; so hard it is to set Bounds to Injustice. Lastly, This short Payment, and forc'd Redemption, is to be made with Exchequer-Bills, the Value of which is falsly calculated, from the Premium upon the present Exchequer-Bills; which can be exchang'd, every Moment, for ready Money; when on the contrary, such a new load of Bills must be at a considerable Discount, in proportion to their Increase; especially, when not circulated by the Bank. Upon the whole, the state of the Case as it stands in the Proposal is, Whether a Parliament will break their Faith, in order to defaulk two per Cent. from the Annuitants, to give four per Cent. to those who have no Demand upon them at all? Whether they will pay a Debt twice over? Whether they will raise the private Credit of the Crown, upon the Ruin of the Credit of the Nation? Whether it is not more just to pay the private Debts of the late King William, and Queen Anne, out of their Exorbitant Grants, than out of the Estates of the Annuitants? "
"THE Injustice, Dishonour AND Ill-Policy OF Breaking into Parliamentary Contracts FOR Publick Debts."
"Wednesday club-law: or, The injustice, dishonour, and ill policy of breaking into parliamentary contracts for publick debts [...]"
"I Acknowledge my self a Person so retir'd, that the late Pamphlet, Intitled, The Crisis, though it treats on the important Subject of Property, might have escaped my Perusal, if it had not come to my Hand by the Penny-Post; perhaps, from some conscientious Senator, to check, and reprove me for having early discoursed, and concerned my self on this Subject of the Annuities, and for having promoted the Proposal of the South-Sea Company; I had heard such a Pamphlet was publish'd by the Governour of the Company of Comedians, therefore (as I had also at that time no leisure) I slighted the Pamphlet, and laid it aside, expecting no extraordinary Performance on a Subject of this Nature from a Person so employ'd; but by Chance observing soon after the well-known Name of the Author, I immediately read the Treatise. This second Crisis, in the beginning of it, falls something foul on the ingenious Mr. A. H. because of the Estimate that Gentleman publish'd of the National Debt, and the Remarks which were subjoin'd to some Calculations made in April 1717. This ingenious Gentleman assiduously attends the Service of his Country in Parliament; and at this time, especially, when the publick Debts and Accounts lie on the Table, may probably not be at leisure to publish any Thing further on this Subject, though his Words are quoted relating to the Funds; and his Thoughts and Reasoning thereon, openly Arraigned by our Author. I shall however touch but lightly whatever respects the Calculation, and Arguments, grounded on the Topick of Profit and Loss; but shall keep to the more exalted Subject of Sir R's Treatise; a Subject sufficiently copious (viz.) The Law of Equity! A Law that demands out highest Regard, and strictest Conformity! A Law Sacred, Eternal, and Immutable! To undertake what relates to the accompting Part, is indeed needless, after having been so well perform'd in the said celebrated Schemes, and Remarks; which have also been Revised, and in some Things amended by the accurate and elaborate Pen of Mr. Crookshanks; but these Schemes relate only to the Exchequer and Parliamentary Funds. Sir R would instruct us in the more universal Dealings between Merchants, whether of the same, or different Nations, and likewise between sovereign Powers, and their own Subjects, or the Subjects of other Princes. If I should presume to meddle in these Things, Mr. H who is rightfully in Possession of this Part of the Subject in Question, may esteem me a Trespasser, and thus I should hazard being attacked by both these Champions; each skilful at his Pen! Each a Veteran of such Abilities, that I am very sensible they can do what they please with a Feather; a dangerous Weapon in some Hands! They Combat also both of them under the Buckler, the broad Shield of their Right of Session in the Senate House. I am a naked Man, a weak Opponent; a Shadow when compar'd with the Nestorian Race of the Iron-sides, now an Equestrian House; therefore with due Submission, though without Fear or Despondency, I enter the Lists, relying on that supream Power to which Sir R has Appealed; EQUITY is my Guard, and if that cannot defend me, I am sure to be foil'd, and am already disarm'd. Sir R begins with a long Paragraph, which he mentions to be taken out of Mr. Hutchinson's Remarks; and wherein it is said, "That if the Annuitants were to account in Chancery as Mortgagees at 6. per Cent. Interest, after the common Method of making up such Accounts, a large Sum will be due from the Lender to the Borrower even to the amount of 30. per Cent. at that time above Principal and Interest, instead of receiving any Thing further from the Publick. But the Equity of doing this doth not appear to me to be either recommended or asserted by the Author of the Remarks; neither is the Re-purchasing of these Funds any otherwise mentioned, "than as a Matter which had been first opened on the Occasion of a Scheme for Redemption of the Publick Funds, which was made Publick before Mr. H publish'd his Schemes. In this long Paragraph it is also mentioned, "That there had been an Attempt the then last Session for obtaining an Act which should have reduced the National Interest to 4. per Cent. And in this Paragraph Mr. H says further, "That if the Parliament should not be of Opinion to Re-purchase these Annuities, then there would be no need to mention them in any future State of the Publick Debts; but the Nation, in that case, must rest contented until the Expiration of the long Term of Years for which these Annuities (now called the long Annuities) were granted. A melancholly Prospect for a Nation groaning under the Pressure of these Debts! But the Facts are fairly stated; and the Remarker only further mentions as his Thought, "That if Interest is reduced to 4. per Cent. by Act of Parliament before these Annuities are Re-purchased, or an Agreement made by the Publick for Re-Purchasing them; in such Case, the Value of the Annuities will be increased the further Sum of Three Millions and an Half more than they then were, and that the same would be worth about Seven Millions and an Half more than the Money originally advanced; which would raise the value of these Funds to the Sum of Twenty Millions and an Half . This must be what the Guardian of our Property in his Crisis terms Mr. H his Opinion; and thereupon he affirms, "That if the Majority of the Honourable House should be of the same Opinion, and act accordingly, we may bid Farewel to the Wealth, and Honour of Great Britain . To this, I answer, that if a few Weeks more should demonstrate, that contrary to our Author's Expectation, the Parliament are of Opinion with Mr. H, and also are convinced, that this Matter can be effectually Remedied without Breach of Publick Faith, or Iniquity in the Legislature (as certainly it may) in such Case, I say, I shall be inclinable to mistrust, that Sir R has not well Reasoned, nor rightly Computed either with relation to these Schemes, or the Majority of Votes; and if thro' the forward Zeal, and now generous Proposal of the South-Sea Company, we should be so happy as to obtain by the Aid of Parliamentary Equity, the Redemption of the Nation from this, and other heavy Burthens of Publick Debt, such a Conjuncture might justly be stiled the Crisis of Property (the Prospect whereof to our Comfort, appears not very remote) from such Proceedings, I shall conclude quite contrary to our Author, and from this ÆRA shall date a prodigious Encrease of our Trade, our Wealth, and our Strength; and in consequence it must follow, that Great Britain will appear in Credit, in Honour and Renown beyond all past Ages. And this Aggregate Fund of the South-Sea, will at length prove in earnest the Spunge of the State; it will suck up, and wipe out, and pay off, all the rest of our old Scores! But to proceed, Sir R in his 7th Page is surpriz'd that Mr. H does seem to suppose, that the Borrower is Master of the Lender; and yet they who have been accustomed to lend Monies, or have observed the Course of Business in Chancery, must have perceived, that the Borrower frequently sets the Lender at Defiance, and will neither repay, nor perform Convenants until compell'd by the slow Methods of Equity; but in the Case before us, the difficulty probably will lie on the contrary side: The Lender, so much extoll'd for the good Friend of the Government, is in danger of appearing the wayward Party; what will Sir R be able to say on his behalf, if this forward and adventurous Subject for the Good of the State (as he calls him) shall be found so resty, and obstinate, as neither to lead nor drive, and when left to his free Will and Pleasure to take his Choice, whether he will promote the publick Good, and his own Interest, by accepting a Sum of Money for his Annuity, which shall bring him in a better Income; or an exchance of his Annuity for another sort of Annuity, which shall bring him in Yearly a larger Sum, and be also readily Saleable for a greater Sum than his Annuity at the highest would have sold for; yet shall this applauded, good, and generous Subject refuse to do either; but being perswaded that he is in the Right, and encourag'd in it, shall sullenly Hug his Property, though to the Prejudice both of himself and the Publick! Our Author is a Man of a quick, penetrating, and active Thought, therefore I shall avoid to swell this Discourse to a length, which is needless, and which my Affairs do not permit, but only to add some Hints which seem not to occur to Sir R, and leave him to reflect thereon at his Leisure. But with his Permission, I shall first for a while address my Discourse directly to the Annuitants, and tell you, Gentlemen, that they who would have Equity, must do Equitably; I am not delivering a Subpœna to bring your Cause into Chancery; but as I presume you are convinced, that the Determinations of that Court are Equitable, I would try your Pretensions on this Touch-stone of good Conscience, that you your selves, if you can be impartial, may perceive the too near Resemblance. I shall say nothing of the Bristol Bargain, because in that Practice, the Principal was receiv'd in Parcels, together with Interest: But you, Gentlemen, after all the exorbitant Gain of some of you hitherto by the 9. per Cent. and 14. per Cent &c. are intended and desired to receive Back your Principal, not only intire, but with as vast encrease thereof, as those who speak for you pretend now to insist on, (if they are steady to any Thing, and do not rise more and more in their Demands as Concessions are made;) therefore, I say, your Bargain is yet worse, (that is,) more Extortionous, much more destructive to the Publick, the Borrower, than the Bristol Bargain, or than what the French call Le fond perdu , which Method was once attempted here, but our English Parliament did declare their dislike by rejecting that Offer. I own you are not to be dealt with as Mortgagees, yet your Case differs not so much in Point of Conscience from some of theirs, as your Advocate would represent; for he that Lends on a Mortgage, runs the Hazard of the Title, and of Incumbrances, &c. as much or more than you; and since you are Lenders, consider a little, I pray you, the Proceedings of the Court of Chancery, and what Relief is given against Contracts and Convenants that relate to Interest on Mortgages, and to Redemption. A Person lends Money at 5. per Cent. when six was not against Law, and might easily be had; the Borrower had also a Flaw in his Title, (but I shall wave that Matter.) The Borrower agrees to pay Interest Halfyearly, and Covenants, that if no part of the Interest of two Half-years together should be paid at the end of the Year, or within one Month after at the furthest, that then, and from thenceforth, such Year's Interest (whereof no part had been paid) should be deemed Principal, and from thenceforth should carry Interest: The Interest amounted to 400l. Half-yearly, yet no part of the Interest was paid within the first 13. Months; a second 13. Months incurr'd, yet not one Penny paid of the Interest: The Lender being now dissatisfy'd, apply'd to Equity; a third Year incurr'd, during the Proceedings, and when the seventh Half-year was past, and not one Penny of the Interest paid, this Matter receiv'd a Determination, viz. that the Lender should be repaid his Principal, with three Years and a Half's Interest at 5. per Cent. without any Addition thereto. Should I suppose my self in this Case to have been the Lender, yet I would not complain; if I should use Invectives, the Great Man who gave this Determination, is, I believe, as well able to justify his Opinion now, as he was then to support his Authority. One other Case you may permit me to tell you; the Borrower had contracted to pay 5. per Cent. Interest, but covenanted, that if at any time two Half-year's Interest together should be behind, and no part thereof paid within one Month after the end of the Year, that then, and in such Case, the Borrower would allow and pay after the Rate of 6. per Cent Interest for such Year, (6. per Cent. being then legal Interest.) One Year and a Half passed, and no Interest was paid, nor could the Borrower be prevailed with to repay the principal Money with barely 5. per Cent. Interest; hereupon Equity was apply'd to, but after much Time and Money spent on this Matter, the Lender was allowed no more than barely his Principal with 5. per Cent. though his Matter was complicated with a Circumstance, which some eminent Practicers did agree, render'd it a hard Judgement. The Lender, in this last Case, was only an Assignee; the first Lender had the same Covenant for 6. per Cent. and the Interest in his time being ran far behind when the Mortgage was assigned, (which was done with the consent, and at the earnest Request of the Borrower,) this first Lender was actually paid after the Rate of 6. per Cent. (according to the Contract and Covenants) for two Years, which were then behind, and due to him; yet (after a further two Years and an Half's forbearance, and much longer before this Matter receiv'd a Determination) the Assignee was allowed only 5. per Cent. Interest; had this happen'd to me, it would certainly have inclined me to have placed for the future my little Cash entirely in the Funds; but it hath been my Fate to know also, that bad Titles are to be met with by Mortgagees; for these Reasons I gladly accept the same Interest on the Funds, as before on a Mortgage, and now I have Quiet, and can fully depend on receiving the Interest duly; however, your Advocate will have it, that YOU Annuitants have extraordinary Merits, and are not in the Condition of other Subjects; I shall therefore, without Exaggerating, tell you what I know of this Matter. It was once my good Luck to get Admittance at the Exchequer by Proxy, to subscribe for an Annuity, upon which Subscription, in little more than a Fortnight, I gained, at least, 800l. above Principal and Interest by the Sale thereof at the Price then Current, and which Price was daily advancing; this was done during the Winter; there was no Battle fought, nor any Treaty of Peace on Foot; and yet your Advocate doth assert such Gain to be Meritorious; but as most of you at this time may be only Assignees of the first Annuitants, and know little of the true Circumstances of these Transactions; I beseech you not to be too far misled by the insinuating and plausible Arguments, and the florid Discourses of your Advocate, but permit me, without offence, to represent your Case in a truer Light. The Views, and bewitching Prospect of excessive Gain, were such, when some Annuities were subscrib'd for, that they well deserve to be remembred on this Occasion; sometimes Books were laid open, wherein the Subscriptions were immediately fill'd up, before sufficient Authority was given for laying open such Books; and when the Parliament, and the Exchequer had given the Authority and necessary Directions for doing it, (if the ill Consequences of these Subscriptions did not avert one's Mind from making sport with the Matter,) I should be apt to say, Spectatum admissi risum teneatis ? How many Wealthy Citizens with their Agents? How many decrepid Usurers were crowding by break of Day to get in formost on the first Opening? How many sat up all Night with their Bills and Notes in hand, or Luggage of Bags, brib'd the Door-keeper for Admission? And by this Means, some of these brave Warriors of the forlorn Hope, had opportunity of doing themselves the Honour within this Field of Battle, to lie all Night upon their Arms! These, and such like, as I have heard, were the true Circumstances attending some of these Subscriptions; and as for those whom your Advocate calls good Citizens and Patriots; they and their Agents (a few excepted) cannot justly be supposed to have acted thus only out of their abundant Affection for the Good and Safety of the State; it may, I think, with much more Justice be suspected, that many of them deserved rather the Name of Parricides, seeking to gorge themselves with the Entrails of their Country, at that time requiring their more compassionate Assistance; the Oppression and Artifice at such times as these cruelly practised, might justly before now have deserved a Redress from Publick Equity, if the Publick were inclinable to exercise the Summum jus , which your Advocate pretends to fear. How excusable this would be in the present Parliament, if there were any Necessity for it, and they were disposed to act thus, will plainer appear, if you permit me the Liberty to assert, that sometimes there was in Fact somewhat of Extortion, and want of Equity in many of those who lent their Money, and wrested these Annuities from the hands of those who would have managed better for the Publick, if they had been at Liberty to have acted for the best; but too many among the Law-makers, and others then in Power, imposed these Bargains on the Publick, and were upon the Matter too near a-kin, being many of them both the Lender and the Borrower; that my Assertion herein, may not be represented to be groundless or partial, it is necessary to proceed a little farther in stating what I know relating to this Matter, to the Honour of a Worthy and indefatigable Servant of the State, in Matters of this Nature; I stept sometimes out of the Court of Chancery to discourse with this Gentleman, proud of the Liberty he gave me in being admitted to do so; after I had twice urged him with Arguments against granting Annuities, he seem'd to be displeased, as if I reproach'd him and others who influenced these Things as Persons managing ill for the Publick; whether Mr Lds can recollect this Discourse, I know not, but I very well remember, that at length it was answer'd me with some Resentment; "I don't want for Arguments to convince me that these Annuities are not the best Method of Raising the Supply; but what can we do? They will not be quiet without them!" And by the Tendency of this Discourse, I conceiv'd, (as I do not doubt but that it was true in Fact) too many of the Parliament, the Officers of the Exchequer, and the great Corporations in London, were the chief Subscribers to these Annuities; and in short, either I mistook him, or this Gentleman's Words did imply, that, at this time, it was chiefly the Members of Parliament themselves that were bent upon Raising the Money this way. But let us come yet closer in this Matter; for though I have not any Annuity in Possession, I must own, Gentlemen, nos inter nos , that I have some Reversions; and do think that this were better to be discoursed among our selves, than to be thus exposed and publish'd Abroad. The Members of this present Parliament will not easily be perswaded, that when your long Annuities were subscribed for, and purchased at very low Rates, the Government really was at that time in such imminent Danger as is pretented; or that there was any sudden Hazard, and probable Loss foreseen: In Times of Danger, the Thoughts of Men are apt to be most quick and cautious; and who that had realy seen such Dangers at Hand, would have made this Choice; (the Purchasers might then have had almost what they would;) and certainly upon imminent Danger, or visible Hazard, an exorbitant Interest for a short Term had been much better and safer; and it will scarcely be believed, that where a Man can see that the Title is dangerous, he would, notwithstanding, make Choice of a Lease for so long a Term as Ninety-nine Years, and guard himself also against the Right of Redemption. If you, Gentlemen, are true Friends of the Government, and Lovers of your Country, you have now an opportunity of shewing it, and of serving your selves also, by assisting chearfully to set open the Gates of Redemption. The South-Sea Company's Proposal has raised your Annuities three or four Years purchase; if you like not to deal with them, it is probable, however, that so many Others will be desirous, as shall serve during this Transaction, to keep up the Price of your Annuities; if you as a scatter'd Body do suspect hard Usage from a powerful Corporation, your Access to the House of Commons is as easy as theirs; but if you endeavour to urge Things too far, I wish you to look back to the Case I have cited, where the Borrower himself allowed to the first Mortgagee, what the Court of Equity denied to his Assignee; yet I mistrust not the Favour of a British Parliament towards you, while you seek not to oppose that great and good Work which they have encourag'd. In setting a value on your Annuities, you'll consider that your 10l. per Annum will be in your own Hands a fixed Sum, and dead Weight on the Government; but if subscribed into the South-Sea, or purchased by them, it will after Midsummer 1727, begin to move off briskly, and will then be to them, and to the Government but 8l. per Annum ; you'll consider also, that the Stock of the said Company, may, and doth advance much faster, and higher in the Price, than your Annuities; and that their Dividend may be also greatly enlarged; but Yours as an Annuity with you will remain the same; these Things should chiefly incline you to set a higher or lower Value on the one, and the other, according as your own Reason, or better Advice shall direct you; but for you to apply to Parliament to fix a Price, (as some have discoursed, you do intend to do,) that you may be certain of Admission into the SouthSea Stock at that Price, this will be difficult to adjust, because of the greater Variation in the Price of their Stock; and if this were now fixed, the South-Sea Corporation would not be willing to be long tied down to such fixed Prices; nor can it be expected of them, while you remain still at Liberty to sell, or not, and to subscribe into them, or not, at your Pleasure! But this is not my Business; you among your selves will find out the Ways and Means for setling all Things to mutual Satisfaction; but what is part of my Business while I am Writing this, is to disswade from such Thoughts and Attempts as may prove the Ruin of many of your selves, and Families; I would apply this, not only to the Annuitants, but to all such other Persons as may be inclined, or drawn in to endeavour to run down the Price of South-Sea Stock; or under a Notion of setting a certain Price, or Value on this Stock, such a Price as is not in the least probable, (according to common Methods, and the Course of other Things,) it should exceed; and depending on such like Notions, are eager to sell this Stock at time for higher Prices, esteeming the Gain this way, as good as certain; or by taking large Premiums, or earnest Money, to deliver this Stock at three Months, six Months, or twelve Months after, at a fixed high Price; as suppose it be 150, 200, 250, &c. per Cent. Some also venture to sell this Stock when they have none; or do sell ten Times more than they have, or are able to make good upon a sudden Rise; such Notions and Practices, I say, may be the Ruin of many Families, and it is chiefly to caution against, and to use my endeavour to prevent this approaching and spreading Evil that I have taken Pen in Hand, and resolved to publish these Sheets, great Mischief hath often befallen those who have used these Ways in other Stocks, but certainly it will be found more dangerous and fatal in this Stock of the South-Sea Company. The shallow Waters are more proper for the Fry, and smaller sized Fish; Men of great Estates may bear with Losses this way, as well as by other ways of Gaming; but for a light Purse there is not any Game more Fatal. The Enlarging the South-Sea Capital, and the Consequences thereof, as to the Ministry and the State, is a Production worthy of the Genius of Great Britain; but as to Men of mean Estate, it is, Monstrum horrendum, informe ingens . You Gentlemen may have heard of Scylla, and Charibdis; of Ætna, and Vesuvius; but here depend on't there are Mountains, and Rocks more stupendious; and by far more tremendous Gulphs! Beware then! Launch not out in Fly-boats beyond your Knowledge into this vast Abyss of Southern Seas: I fear not a Chaos of Confusion, or a second DELUGE, but do fully expect that the next Age in speaking of this, will use the words of Ovid Omnia PONTUS erat! But I am to ask Pardon of Sir R, and expect it from his 10th Page, where he promises to have Patience; and to deserve this at his Hands, I shall proceed to give him those Hints I promised, viz. That in many Cases, Equity is exerted, where Persons out of Wilfulness do prevent their own Benefit, as well as the Publick Good. There are Men that will not suffer their boggy Land to be drained; others, such Lovers of Liberty and the Commonwealth, that they will not suffer Wasts, Heaths, or commonable Grounds to be inclosed, though they might thereby become Owners of a Proportion in severalty; but in such Cases Equity Over-rules; in time of Danger by Fire, Houses are pull'd down, or blown up, for the Publick Good, though against the Will of the Owners; also to preserve the Town, the Suburbs are frequently burnt or demolish'd; even the Town is destroy'd to preserve the Citadel. A Person in Danger of immerging through the Weight, or Force of another, may even destroy the other to preserve himself; and a Thousand such like Instances might be given. As to our Author's 14th Page towards the latter part, and in the beginning of the 21st Page, I am willing to suppose some Error of the Press; especially where it is said, that the Borrower ought not to intermeddle with what is Lent, but by the Command or Application of the Lender; this, I suppose, should have been the Security for what is Lent, which the Borrower is not to meddle with; (because this moves from the Borrower, and passeth to the Lender) for if it were meerly the Thing lent, (as suppose it to be Money lent, which the Borrower is not to intermeddle with,) in such Case, if our Author will be so Equitable towards me, as to permit me for a while to intermeddle with, and borrow some of his Expressions, and to use, and apply them only for the present, as I think proper, in such Case, I would say, that this seems something like what he calls a Chimera, or Crudity; for at this Rate, his Lender would really be an Oppressor, and his Borrower a Bubble; and thus these Terms might be Synonimous, if not convertible; and our Author would have proved what he is not willing to own, (viz.) that his Lender not only had, but still hath too much Command over the Borrower. After the like manner, his Treatise may Endeavours to prove, that the Nation, the Parliament, and in Consequence their Assignee the South-Sea Company (if they prevail) will become Bankrupt by paying their Debts at 20s. in the Pound; if so, the higher their Composition shall be, the greater (our Author may say) is the Bankruptcy, and thus, indeed, our Case will be very desperate; for 'tis more than probable, that such of the long Annuities as shall come-in timely, may receive by the South-Sea Stock from 200. to 300. per Cent. for what they Originaly paid; but while nothing worse than this is intended towards them, if there should be sufficient Occasion given, summo Jure agere , and that a little of the duritia Juris should be necessary, (something of wholesome Severity, to help to bring in, and to open the Eyes of such who shall blindly mistake their own Interest, and wilfully oppose the Publick Good,) what loud Complaints will Sir R make? As the Annuitants Annuities are Tax-free, and the Proprietors have already been told, that they are exempt from any NEW Direction, they may also be told, that they are Optimo Jure Prædia , a new sort of Freehold; and thus those especially who have Annuities for Life, or Lives, may be animated, and induced to think themselves sufficiently Entitled to a Right of Voting at Elections for Members of Parliament, and if they would be thus hardy, who should be their Representative? But I must neither advance too far into Sir R's Province, nor quite forget our Author, it is he that will dictate in the Senate; if he does this after the manner he has promis'd us in his 28th Page, were it not better that he would forbear it? I shall not presume to propose any Thing to that August Assembly, and if I take the Liberty of incerting here my Thoughts; it will be very obliging if they escape the Descants as well as the Railery of Sir R, who, perhaps, for the present, is too much exasperated; but I must expect the Cavils and various Reflections of the many- minded Multitude, the incertum Vulgus , of whom there is scarce any Thing certain, but this, Quod scindet in contraria ; I use Latin, that they may not know what I mean, for they censure, and condemn what comes within their Knowledge, but are apt to admire what they do not understand; however, I shall freely expose my self to their Mercy, in Hopes that from my Thought improv'd, somewhat may arise which may tend to the Advantage and Service of the Publick. We have not, God be thanked, at this time, any urgent Motives that should prevail with us to buy Foreign Gold too dear; and to let other Nations into that great Gain they propose to make by the Rise of the South-Sea Stock, upon the Enlargement of their Capital; for which they are watching, and as it is said, are already preparing to catch the Opportunity so soon as a Bill in Parliament shall be ready to pass; or, perhaps, only brought into the House for this purpose; if, therefore, at once, and as it were in an Instant, (before it can be known Abroad, and Commissions sent hither,) the Stock of the prevailing Company should be advanced to near that Price which it ought to have, and may reasonably bear, the Annuitants hereby would be silenc'd, or Petition for Admittance; much of the Chicane, and Juggle of our Quincampois will be avoided, and the Publick, may obstruct, and very much prevent that Gain, which other Kingdoms, and States propose to make (to our Loss) on this Occasion; the French Nation are now too late strugling with many Difficulties for want of timely Management, with regard hereunto; yet this, it is likely, has not arisen so much from any Over-sight, or Defect in the Schemes of that enterprizing Genius, who hath the chief Direction, or of others with whom he must Concert; but thro' an over-ruling Self-Interest, on account of the vast Gain to be privately made by the many Turns and Vibrations his Projects would admit of; which it should not be supposed that he did not foresee, or failed to concert his Measures accordingly; a Profit, and Gain capable of being so Immense, that, whatever the French Nation in general may suffer thereby, if the private Gain hath really been such, and so great as it may reasonably be imagined, the Effects thereof may too soon be such, as may prevent it's remaining long a Secret to the rest of Europe; but my Pen hath already let fall too much Ink on this Subject; and, I fear, that what I have here only touched, may rather be taken for a Blot, than accepted as it is intended by me. This, however, may be repeated, that it would be greatly to our Advantage, by some timely, and proper Means to prevent other Countries from sharing too much, and carrying away the Profit of that Advance of our Publick Securities, which seems to be at Hand; and the due Precaution herein, is more absolutely necessary, because our happy Constitution does not admit a Reliance on such Artifices, and After-Games, as in France are easy to be concerted, and may as suddenly be put in Practice. In stating, and arguing the Case of the Annuitants, there appears so little Occasion for introducing the Silesia Loan, and so much less for mentioning the Equivalent allowed to Scotland, and also the English Grants; that some take Umbrage, and fancy there was not any good Reason for picking out these Instances. But if the Question is to turn upon the Equity, and Power of Parliaments, it will be answer'd by only stating the Question rightly; the Nation by a long and expensive War, is highly incumbred, and grievously Oppressed with many heavy Debts; the greatest, the most encreasing, the longest continuing, and the most obnoxious Debt is the Annuities; in short, the way thro' these Annuities is the only Right, and ready Road thro' which the Government must pass to ease the Nation of the Burthen of all the rest of these Debts; Now, whether you will have the Government to Travel by Land, or by Water, it will be the same; if the Highway is such as is dangerous to Travellers, and cannot otherwise be amended, there must be an Act of Parliament; and (giving Satisfaction to the Owners,) whatever is needful in such Cases must be done; Gates, Bars, Hedges, and all Obstructions may be removed; and new Gates, new Bars, and Turnpikes erected; and none may pass to buy, or sell, for the future, but by this new Road, and according to new Directions; also Penalties, Levies, and Tolls may be appointed for maintaining this new Highway; and, in like manner, for the Publick Benefit, Rivers are made Navigable; any Man's Lands are cut through, though against the Will of the Owner; and Goats, Sluices, Hatches, and Flood-Gates are erected; and must be maintained by the Owners of such Lands. But let us suppose that many should take Offence, and in Opposition to these necessary, profitable, and publick Works, would act as Rioters, or Lunaticks; and that such a Number of Persons should act thus, that no other Power but Parliament would undertake to meddle with them; would their Number, or the fear of their Resentment, awe the Senate, and prevent them from being used like other Lunaticks, who would mischief either themselves, or others? But, here, as to the Annuitants, it is said, the Senate hath promis'd not to interpose, or use their Authority; and hath Enacted, that the Annuitants shall not be in the same Condition as other Subjects, but during Ninety-nine Years shall be exempt from any new Direction; in this Case, if there were any Court of Equity above the Power of Parliament, there would naturally lie an Appeal to such higher Power; but there being none such, is the reason why the Parliament wherein this was Enacted, is liable to be controul'd, and over-ruled by the Power of a future Parliament; for in the Nature, and Constitution of the British Legislature, there is a tacit and indefezible Equity reserved, by Virtue whereof (as the Occasion of private, or publick Good shall require it) Acts of Parliament are, and will be explained, or amended; continued, or suffered to expire; repealed, revived, revoked, or annulled: As I may appeal from the Judgment of Sir R the last Month, to the Judgment of Sir R better adviced this Month! But in his 12th and 13th Pages, our Author mentions the Insurance of Ships as a parallel Case to this of the Annuitants; and defies any Man breathing to shew a juster Comparison; hereon he throws down his Gauntlet; and who shall dare to take it up? Sir R is not a Man of Straw; No! no! His Legs, his Arms, and his Sides are of Iron; his Countenance is terrible in Battle; though he can demolish a stong Fortress with a Goose Quill, yet the Staff of his Spear is like a Weaver's Beam; the Head thereof is of polish'd Steel, well pointed, and the Weight six Hundred Shekels. In this Matter I shall only have Recourse to A. B. C. and least this Goliah of the Philistines should be offended, and think this to be only flinging of Stones at him, I refer it to the Gentlemen of the Inner-Temple, whether these are not lawful Weapons in putting of Cases; others have much more Art in the Use of them; but I went for some Years to School in their Society, and very often to the Grande Sale d'Armes in the Parish of St Margaret's, near the Collegiate-Church of St. Peter's of Westminster, where I learned from those expert Masters, the Lord S, Sir N W, the Lord C, the Lord H, and Earl C, all right well skilled in the High and Honourable Science. To state this Case of Insurance plainly, we must suppose, that Sir R's Ship or Vessel was a very large first Rate; A HUGE one indeed! Almost as big as any Island in Europe; not quite so big as Great Britain, but about the size of the Kingdom of England. A. is the Master, or Captain of this Ship, B. represents the Lieutenant, the Chaplain, the Purser, the Cockson, the Master-Gunner, the Boatswain, the Cock, the Mates, and all the Midshipmen; C. represents the common Sailors, the Swabbers, the rest of the Ship's Crew, and all the Passengers; a prodigious Number! This huge Ship has not only all these Men on Board her, but also has a Cargo equal to the Goods and Effects of all the People of England. A. was himself on Board, and had large Effects of his own. B. was on Board with all his Effects, and the like of C; We are also to note, that C. represents almost all those who were themselves to be insured. Now, is it reasonable to suppose, that B. and C. would agree to give a very high Premium for Insuring this Vessel to any who had themselves a large share in the Cargo, and were themselves on Board, and to go the same Voyage, unless there was something Extraordinary in the Matter? Which some, I say, did think, was this, that B. and C. who were to fix and settle the Rate of the Insurance, were sometimes willing the same should be very much to the Advantage of the Insurers; and having themselves the Liberty of writing first, they at those times subscribed very liberally, and afterwards parcelled out to the generality, on worser Terms, the greatest Part of their Subscriptions; more Words need not be bestowed on this Matter; 'tis plain enough how unlike it is to the common Case of Insurance. I confess, that as to Publick Credit and Parliamentary Faith relating to Property, (if it were really in Question,) it would be very dangerous to make any Alteration without Consent of Parties; but is not Consent implied in whatever is Enacted? And if the Terms were to be abated, or any way altered, must not this be done by the Wisdom of the Nation on a Rehearing upon the Equity reserved? And shall it be gain-sayed, that it is for the Publick Good, or that it hath the Consent of Parties? I shall always acknowledge That to be Lawful and Right, which Parliament shall do; for, I well hope, that they never will do any Thing but because it is Lawful and Right! But Sir R, who hath a Right to Debate this within Doors, hath more Jealousies than others, and in six Pages more hath lost his Temper, and forgets that the Question will turn upon this, whether what is now doing, is Evil, or Not. If the Parliament should do it, it is an Estoppel to me to say that it is Evil; I submit my Notions to what is done by the Legislature, and believe it will be for the Publick Good, and do assert Salus Populi suprema Lex ! But Appealing from the Senate to the People, is pre-judging the Cause, and censuring the Proceedings; why then hath Sir R Recourse from the Wisdom of the Senate, to the Passions and Ignorance of the People, unless he could support by just and unanswerable Arguments, that, Vox Populi est Vox Dei . If the Matter should require a Decision in the Senate, (which there appears not yet any sufficient Occasion for;) why must we admit, that the Annuitants either were, or will be Overpower'd? If there were much Danger when they Lent, the less Power the then Parliament had over them, for in Times of Publick Danger, the Power is in the Purse; the Soldier owns this Power when he tells us, Point d' argent, point de suise ; and if that High, and Sacred Order might be mentioned, who exert their Power beyond the reach of the Sword, or the Bounds of this World, I would use only this English Adage, No Penny, no Paternoster; but certainly in this nice Affair, there is nothing of Force, or Power intended to be used, or any Terms to be imposed; but the Honourable House may find Ways and Means to preserve Property, that are not to be found in Tully, Pliny, Livy, or Plutarch, or in any of Sir R's School-Fellows; though I have lately been assured, that in the Matter of Accounts (especially such as should be rendered to the People,) there is not now remaining in any Kingdom in Europe, any Method to compare with what was in use among the Romans while they preserv'd their Liberty; and refer Sir R to Mr. T W, F. R. S. for further Satisfaction in this Matter, who hath promis'd to oblige the World with a Treatise on this Subject, and from his Collections out of old Roman Authors, to teach us a better Method of Accounting. I should have as little Temper as any Man, if it did appear, that any Wrong would be done to the Annuitants! I will even admit, that Annuities are necessary, and the only Estate proper for some Persons; but such Persons may sell to the South-Sea Company at a high Price, and buy again much cheaper of the York Building's Company; and with them, the Annuities will be secured on the Lands they have, and shall Purchase. I grant also, that some few of the long Annuities were subscribed at times of Danger, and that such of these as remain still in the Hand of the Subscribers, or have never been Sold, do deserve a particular Regard: But still, I say, that our Author's Arguments, when strip'd of pompous Words, are bare Assertions, and are mostly so ill-grounded, as can neither convince me, nor any other, (who in earnest does with the National Debt fairly, and soon discharg'd,) that the Annuitants in general do merit his Encomiums, though he pleads for them with the Firmness of Mutius; if they were really such Lovers of, and Champions for their Country, where among them are the Decii? Who is now the Curtius? If it be true, that our consummate General hath left them; I mean, the British Hero always Victorious; but Sir R meets with such noble Examples in Roman History, that by his 28th Page it is plain, that 'tis a very hard Matter for any Man, while in the Ministry, to please him. When I once complained as he does, I was told, that even Churchmen, were Men; Statesmen, were only Men emminent in the State; Parliament Men, but Men in the Parliament; and that the best of Men, were but Men at best! Having received much Delight, and Satisfaction from several of Sir R's Performances, I will say nothing to the Virulency, and Invectives in the close of his Pamphlet, only this, that I wish they were not to be found in it; when I read them, I was surpriz'd to find a Person so versed in Scholastick Authors, practice so contrary to the Notions we imbibe from them in our Youth. Adde quod ingenuas dedicisse fideliter artes Emollet Mores, nec sinet esse Feros. This manner of swelling Pamphlets with Invectives, and Complaints, brings to my Remembrance what I heard from the late Speaker Sir T. Littleton; he happen'd to have in his Coach some Ladies, whereof One at every Shock of the Perch, or unequitable Motion of a Wheel, was ready to scream, and squeal aloud; Sir Thomas grew very uneasy, lest the Lady should fright her self into Fits, but her Neice said, "Don't be concern'd Sir Thomas, my Aunt is not more afraid than others; she commonly does thus; she hath an agreeable Voice, and thinks this squealing becomes her!" When some of these Annuities were granted, (if the Facts were as herein beforementioned,) I should be apt to think, (though I will never say it,) that, the Terms of, and in such Annuities, were voted, not Virtute but colore Officii! Had there been such Instances under a French Government, where Quod principi placuit Legis habet vigorem , we should long ago have heard their ultima Ratio , and the Equity of their last Resort---- Tel est Nostre Plaisir. But while the Realms are Bless'd with such a King, and we have such a Ministry, I shall not mistrust, that this Nation will either do, or suffer any publick Wrong. 5th of February, 1719-20."
"The equity of Parliaments, and publick faith, vindicated; in an answer to the Crisis of property [...], and address'd to the annuitants [...]"
" It is most humbly propos'd, THAT if his Majesty and the Nation will be pleas'd to allow of a few Gallies to be built at, or sent to Gibralter and Port-Mahone, to be man'd with Convicts, such as are cast for Transportation. The bare Apprehension of being made a Galley-Slave, will strike such a Terror into the Minds of those vile People; viz. Highwaymen, Foot-pads, Housebreakers, Shop-lifters, Pick-pockets, Horse-stealers, Incendiaries and others, that are guilty of enormous Crimes, who like Locusts swarm in our Roads and Streets, and infects all Places to such a degree, that honest People are not safe, either at Home or Abroad; but when these People shall know to their dread, that instead of Transportation, they shall be sent to row in Gallies, or other Labour, without any hopes of Freedom till their Sentence is expired, it will certainly put a stop to Thieving and Villany, for it will cause such a Terror upon their Minds, of the Rigour, that those Paterroons, or Officers of the Gallies, exercises over those unfortunate People, who for the Punishment of their Crimes are thus dealt with, and could not be restrained by any milder Methods. This with all humble Submission, seems a far better way then to take away the Lives of so many hale young Men, who perhaps never saw Twenty, and had been well educated, and of honest Parents, being cut of before they have liv'd out half their Days. That by this Proposal they may be saved, and brought to a sense of their past Follies, in following of an extravagant vicious course of Life. And may be the happy means to convince them and others of the real Advantages of an honest sober way of living, that they may become serviceable to their Country in their several Trades and Capacities. But as they have by their repeated Robberies Robbieries , and other Villainies Villianies wrong'd the Nation in general, they may be made use of for a National Service, which in some measure may attone for the Mischiefs they have done, in the course of their past Lives. And I shall further offer, that by sending of these Convicts to our Plantations and Collonies, it is only a mock upon the Nation, for we find by woful Experience that it does not answer the good Purpose, for which the Transportation Law was enacted; for it does not lessen lesson the Number of Thieves, or put a stop to exorbitant Tempers of these vile People; for the change of the Climate makes no Alterations either in their Manners or Morals, for wicked they was and so they continue. And learns, to be, by their being often transported, half Sailors, but compleat arch Rogues. Jamaica and other Parts of the West-India Islands by their wicked Behaviours, has enter'd into a Protest, to entirely refuse taking one of them. And no doubt but those Places where they are sent to now, will be forc'd to follow their Examples. And their Banishment which was designed as their Punishment, they make use of to repeat all their former Villainies Villianies , giving ill Examples to their Youths, persuading their Negroes to rob their Masters and run away with them, either aboard the Pyrates, or Spanish Guard de Coast, they being thoroughly qualified for any vile or base employ. And the poor Sufferers that have been sadly abus'd, and their Substances taken from them, by those Savages in the shapes of Men, have often reflected on those who gave them these Opportunities, that they did not hang them out of the way at first. These People making a Ridicule or Banter of Transportation, telling one another, that it is but a trip over the HerringPond, their Passage being paid, Dg their Pretious Bloods, if that Country shall hold them long; they being thoroughly acquainted with the way of it, which to all thinking honest People, is the highest Contempt of the Law, and encourages and buoys them up in their vile Practices. But how long these People shall serve, I will not offer to name, but leave that to the Wisdom and Prudence of the Law-makers, and their Judges to the nature of the Crimes they are convicted off. I beg leave, humbly, to offer briefly, some few of the repeated Services, that Gallies may be made use off. For as there is a strong Current, sets always through the Gut, if it proves Calm, which is frequent in those Parts: Ships that have been coming through, have drove past Gibralter, as high as Malaga, and others that have been coming down, have met with these Calms, and Ships of great Value, which tho' so near, could not fetch into the Bay, and so exposed to great Dangers, and some that have been taken by the Spaniards, who always kept lurking with their Gallies, on purpose for those Opportunities, that our Cruizers could not come to assist them; and in sight sometimes of Gibralter, which is the highest Provocation, and has been done to the unspeakable loss of Trade, the Ruin of abundance of Merchants and Sailors; but these Evils will be sufficiently made up and provided against, For we can with our Gallies in Conjunction with our Men of War, command all Ships passing, or re-passing in those Seas, rendering there Trade difficult to them, and of many Advantages to us of this Kingdom, that between the Ships we may save of our own, and what we may take of others, in case of a War it may be some hundred thousand Pounds a Year, For then not a Ship shall be suffered to pass, either coming in, or going out, but we may speak with them, Blow High, Blow Low. I humbly appeal, to the Right Honourable the Lords Commissioners of the Admiralty, and Captains of Men of War, and others, how serviceable Gallies have been made use of in an Engagement, to tow out of the Line all disabled Ships, and to bring others in their Stations. And Gallies will entirely prevent any Trade by Sea to old Gibralter, and there other Harbours, with there small Vessels, that went along Shore in the last Rupture, and brought 'em fresh Supplies and Stores, that our Men of War could not prevent, it being not safe to venture so close to the Land, and our Long-Boats was not a Match for them, and it will certainly awe the Algereens, and Sally-Rovers, who so oft in my Memory, have play'd the Rogue with us, in making War and Peace at their Pleasure, and our Rich Presents. And as this is offer'd with an honest Intention for a Publick good, to prevent these Evils for the Time to come; yet as there may arise several Objections, I shall briefly Answer, to some of the greatest that may be brought against this Proposal. Objection. It may be a great Expence to the Nation in building of Gallies. I Answer that, by what it has cost the Government between the Rewards of those that have been capitally convicted, as for some 300l. for others 50l. 40l. and the four Pounds four Shillings, that the Government pays for the Passage of every one that has been Transported, but since this King has come to the Crown, it may be made appear, that it will far out ballance the Charge of building a sufficient number of Gallies; and if I might offer further without disobliging, that the Charge of one Third Rate, in building and fitting her out for the Sea for six Months, by a modest Computation, will far out ballance the Cost of these Gallies. But I humbly beg, that I may be understood, that by this Proposal, I am not for lessening any one Ship in his Majesty's Royal Navy, which is so much the Glory and Defence of these Kingdoms, and the Terror of the whole World, but that Gallies may be added as Tenders, or as shall be thought most for Service to them. Obj. How many Gallies may be sufficient, to employ such Numbers that are sent away from Time to Time. Answer, Eight may be enough, four or six at Gibralter, the other at Port-Mahone, as shall be thought most for Service, every Galley to employ 312 Men, so that by what shocking Terrors it may cause on the one Hand, and the surely securing them on the other, putting it out of the Powers of these People to return back, till the time of their Sentence is expired, as hundreds has done from the Places where they have been transported too: And I have been fully informed, that there is no Law to dispose of them as Servants, but only to put them ashore to run wild there, and not to return back, it being Death without benefit of Clergy; this puts them to rob and plunder the Country, till they can find an Opportunity of meeting a Master of a Ship, either at New England, or some other Place, who is as willing to employ them as they, for a Passage back, and perhaps some gets 10l. for there run Home, giving themselves other Names, but some has been so fool-hardy, in open defiance to the Law and Justice, to come to the Place that they was transported from, and have been took and Executed for it; so that by this Proposal, they will be reduced to such small Numbers, more than ever yet could be done by Deaths or Banishment. And it is plain, that we have had more robbing in England in one Month, then has been committed in Italy, Spain, or Portugal in twelve Months, and it's thought it is owing to those Countries having Gallies, putting it out of the Power of those People to play at Fast and Loose. Obj. That it is offer'd against a Free People. Answer, I own it is the Happiness of the People of England, that we are a free People, that our Laws are made by joint Consent of King and Parliament, that we have many Privileges above other Nations; and that we are not extorted to any Confession, either by wracking on the Wheel, or other inhuman Inventions which is shocking. But I humbly conceive that when a Person is convicted by Evidence of breaking the King's Laws, they have lost all pleadings of their Freedoms, but is entirely at the Laws and King's disposal, whether for Life, Death, Banishment, or long Imprisonment, or Liberty. And Transportation was first thought to be, as great a breaking into the Rights and Freedom of these People, as now Gallies is offer'd; and Transportation was well designed, tho' of late Years it has proved the reverse. Obj. That some would rather chuse Death then suffer themselves to be thus confin'd. Answer, It is the unhappy Temper of some Men, they never was, or desired to be made usefully Good, or morally Honest, for their exorbitant Humours, which admits of no Bounds when that comes to have a restraint put upon it, by the just Methods of the Law, it either flings them into those vile wild desperate Resolutions, that had always been their directors to chuse Death, rather than to undergo these gentle Severities; or else it so dispirits them, by a sullen change of their Minds, that they had rather chuse Death in all its hideous forms, then to be brought under any Subjection; like some Creatures that I have seen in Virginia, when first caught wrangles with their Bridles and Masters, and endeavours to be their own Executioners, but by Degrees are brought to Use and Labour, and so they may be made serviceable to God and their Country, and run wild no longer. Obj. As it is Peace, we have no Occasion for Gallies, and so we don't know how to employ these Convicts. Answer, All wise Parents provides the Rod, and has it ready to make Use of, when Necessity requires it; and as his Majesty, Lords and Commons, are the Nations Parents, they are not to depend upon being always in Peace with France and Spain, and some others that are our Rivals in many Branches of Trade in the Mediterranean; and we see with what Resolution and Industry the Spaniards are at this Time, in building Forts at Gibralter Bay, and Cabrita Point, against the first Rupture, tho' they may gloss it over by many false Pretences, it is plain as the Sun at Noon-Day, by their bringing to them so many heavy Cannon, it is to be in readiness against and so to make the Bay of little use to us, for where our Ships rides it will be under the Command of their Forts; so that I shall leave that to all wise thinking Men, if that be Wisdom in us of this Nation to suffer it, whilst it's in our Power do some things that may disappoint all their cunning designs and mischievous views; and what I would humbly offer, that our Government would be as thoughtful and industrious to promote things for a Publick Good, as Spain is, and there is an absolute necessity for the building a Mole Pier, or Harbour, as laid down by that little prickt Line in the the the New Mole, which will be several Years in building, at a vast Expence to the Nation, if you hire Workmen out of England; but the Method I propose of sending Convicts, it will save the Nation a Million of Money, but when finish'd, will put such a baulk on the Spanish Policy, and likewise be a place of safety for all our Ships in hard Gales of Wind, and thus they may be employ'd tho' in times of Peace, in building some necessary Fortifications both there and at Port-Mahone, as may render those Places impregnable. And shewing this to some Ingenious Gentlemen, that were truly satisfied with the usefulness, and repeated Services that Gallies would be off; but their main Objection was, that Gallies would not be comply'd with for fear of disobliging the Spaniards. Ans. For the same Reason it is thought that some is for giving them Gibralter, but it will be an unwise Action, if they do, and the fatal Consequences that will soon follow, will but too plainly show it, and the Spaniards are not endued with the same good Nature, or Care to disoblige us, when they built that Fort at the head of the Bay to annoy our Shipping, and to hang a Master of a Ship in sight of us, for bringing the Garrison some small Necessaries, and to continue their Guarda Costa , to Kill, Plunder and take our Shipping in the West-Indies, and one, or two up the Straits, and to make Prizes of them; and now by a strict Order forbid upon Pain of Death, all Communication with us at Gibralter, both by Sea and Land, though we have been at an immense Charge with our Fleets to serve them: But I shall say no more to this Objection, but leave it to the Thoughts of all honest Englishmen who are not corrupted, or in a Lethargy; only this that Gallies in conjunction with our Men of War, will be as great a Thorn in their Sides, as any one thing we can do to them. I would beg leave to give some few short hints why we should not part with Gibralter. For by keeping of it, as I have propos'd, by Gallies assisting our Men of War, all Nations will have such a share of Trade as we are pleas'd to allow them; for Gibralter may justly be call'd the Key of the Straits, and if ever we part with it, we lock the Door against ourselves; and we shall vastly suffer in those two most profitable Branches of Trade, as first our Turkey Trade, that takes off such quantities of Cloth, as Scarlets, Purples and Bays, and employs so many Thousands of Families. And our Newfoundland Trade, that brings into this Kingdom some hundred thousand Pounds a Year of ready-money got out of the Sea; besides a Nursery for Sailors: Tho' it may be objected that our Fleets can command Entrance at any time in the Straits. Answer, That Trade that must be carry'd on with so withso high a Hand, will suffer and lesson, for the following Reasons, as first the Turkey Trade, for the French who are a cunning subtle People, have learnt to make to a great Perfection the same sort of Goods; and will take the Advantage whilst we are forming Fleets, to supply them from Marseilles, which lies near at Hand. And next our Newfoundland Ships, which are neither Ships of Force or Runners, these will be also badly off, for as Fish is a perishing Commodity, whilst they are getting ready to join their Convoy, from their several Harbours, there Fish may be spoil'd, instead of enriching ourselves by Trade, it may prove to the utter Ruin of abundance of honest industrious Families, and vastly lesson his Majesties Revenues, and flat and dull the Spirit of Trade; for it was always the Strife and Ambition of those Persons, that traded that way, to be their only Care, to be first at Market because of a Price. And in keeping of Gibralter and Port-Mahone, we have Harbours and Store-houses of our own, at that distance, where we can shelter, clean and refit our Ships without being beholden to any other Nation, and if any others should become Masters of that Place, but God forbid they ever should, they would make us pay for going thro' the Straits Mouth, all one as we do at our Tole-Gates, which will not agree with the Honour of our English Nation; as being always stiled Masters of the Seas, and so bring a Yoke upon us, that we nor our Children are able to bear, and our Fathers would have made them to tremble to have mentioned it to them. The common and most frequent Objection that is made use of, is, How did we do before we had Gibralter? Ans. Such Persons that States this Question may well be suspected, that they have some private Advantages of their own, or other sinister Ends; so that they are Deaf to all other Reasoning then a tame surrender of the Place. And as to those that have not given themselves fairly to think and weigh the Matter in the Ballance of the Sanctuary, I would ask, Have they consider'd the World grows more Numerous and Politick? And are they acquainted with the Situation of the Place, and how that the Spaniards have Ceuta, which lies opposite to Gibralter, and that by keeping of Ships and Gallies in both those Bays, that both Shores will become alike hazerdous for Ships that passes that way. And these Gentlemen might as well Argue, How did we do before we had such Numbers of brave Ships of Force and Beauty in His Majesty's Royal Navy, or such fine commodious Docks and Yards to build and refit in, and the use of Guns and Powder, or the Art of Printing; and may other very useful Arts and Sciences brought to wonderful Perfection, both for Profit and Pleasure, that now we cannot be without? and with due Submission, it may be said, To what Purpose is it to enlarge the King's Dominions in the West-Indies, or elsewhere, or to neglect all due Care to preserve our trading Ships; but it is to be wish'd and hop'd Gibralter will, notwithstanding the thick Mist that are before some Peoples Eyes, remain in the Possession of the Kings of Great Britain, 'till Time shall be no more? Those Places being gain'd at the Expence of so much Blood and Treasure. Some may object that I am a hindrance to Trade, because I argue against sending of Felons to our Plantations; because it is those Countries, that takes of such large quantities of our Home Goods. Answer, I own it is, but as to those Felons, as I have made it appear, there is not one in forty stays there, but I would humbly offer for the good of Trade, to prevent the rotten from going, and that will preserve the sound, and we having many Millions of Acres of good Land unimprov'd for want of People; and those Countries producing many beneficial Commodities, that we of this Nation wants, which will employ many Thousands of Families. That all Trades will be the better for it, but especially the Woollen Manufactories, Hatters and Smith's-work in all its Branches; which employs whole Towns in England at those Trades; and may be the happy means to prevent such Numbers, who through decay of Trade are become poor, and thrown to lie rotting in Goals, so shocking to Human Nature: And it might prevent others who are forc'd through the difficulties they meet with, to get a living for the common Necessaries of Life, turn Thieves, Whores, Night-walkers, Forgers, Sharpers, Smugglers, Receivers, Procurers, Bawds, Gipsies, Fortune-tellers, Insolvent Debtors, Parish Poor and common Beggars, and others, that goes round the Countries, imposing on those well inclin'd charitable People by false Passes, as Pretenders by loss of Fire, Shipwreck, hard Rents, loss of Cattle, Suretyship, decay of Trade, and the like; if these were to go to our new Settlements, as there is proper Encouragements by Merchants, and other Gentlemen, for going there, it would be their truest Interest to go, that they may not be a Neusence to the Places they inhabit, or burthensome to the Parishes where they belong to, for they will be put upon a Footing to do good for themselves, get Estates for their Families, they becoming Customers to us, and we to them for their Produce; so that the mutual Trade will tend very much to the Benefit of both, and to the Increase of His Majesty's Revenues."
"An Humble PROPOSAL, &c. "
"An humble proposal for the increase of our home trade, and a defence to Gibraltar [...]"
"ANd to the end that these Laws and Ordinances be made more publike and known, as well to the Officers, as to the common Souldiers, every Colonell and Captain is to provide some of these Books, and to cause them to be forthwith distinctly and audibly read in every severall Regiment, by the respective Marshals in presence of all the Officers; In the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard, the Captain is to do the like, that none may be ignorant of the Laws and Duties required by them. "
"Laws and Ordinances of Warre."
"Laws and ordinances of warre, established for the better conduct of the army, [...]"
"THE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehended by great numbers, whom by Court Preferment Corrupt Education, or otherwise they had seduced, is now through the Christian liberty of trying all things, become so clearly discernable, as that even the greatest part amongst us, and all Nations round about us, do much justifie us in the Judgement we have executed upon them, both root and branch: The observation whereof ought to be no small inducement unto the same Heroick spirits whom God made instrumentall to execute his Vengeace upon such Enemies to true Godlinesse and Freedome, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nations can possibly injoy so great a Good as the Lord may be presumed to have intended to them by their expence of so much blood and treasure. It will then doubtlesse be easily perceived that the Lawyers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their personall actings are not so blameable as other some, in their owne sphear of Westminster, have not onely been mischievous and destructive as Canker-wormes or Pharaohs lean Kine, unto these Nations, but have ever been those Mercuriall spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been executed for. It was this tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and selling the Nations over and over, as often as they pleased; at one Terme or Tryall the Plaintiffe, and at another the Defendant, then back againe, and then forward, and all according to as good Law or Equity, as hath been in England since William the Conquerour. And besides all this, though they seem to have but one chief Shop at Westminster, a few stals erected for them in the Circuits, and their owne private Ware-houses at home, yet this one Tribe is thought to make a shift to gaine or reap one fifth part of all the gaines and increase of the whole Nation, by their severall wayes of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same summed up together. The knowledge of the Lawes whereby a man injoyes his life, liberty, and estate, and through breach whereof he forfeits all this temporall life affords, is not of lesse absolute necessity, as to the things of this world, then the knowledge of those religious, eternall, fundamental principles of Faith and Love, without which it is impossible to attaine the joyes of Heaven. And therefore our Lawyers in their spheare are no lesse Monopolizers & Usurpers, then the Prelaticall or Popish Clergie, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the Lawes, not contenting themselves onely to perswade, but even in a manner compelling us to rest satisfied with an implicite knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates. This subtile Tribe without whose concurrence their royal Masters, with their Peers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shame, nor yet with safety, they then resolved to put the best space on it, and joyne not onely in executing Justice upon them all, but began to acknowledge their owne irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been (even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the Lawes, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them halfe a dozen of Gentlemen of the same tribe, to save them a labour (I wish it proved so) and what fruit it produced, is best knowne unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse untill its dissolution: And these poor Nations still continued to be mis-governed by a hotch-potch of Linseywolsey Lawes, so numerous, as not to be learned or comprehended, some so differing as that they contradict and give the lye to one another , so irrationall and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evill execution of them with their delatorinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto. In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the people in freedome, which though never so much the peoples due and birth-right, if ever they vouchsafed us any Crums thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same Lawes which were either wrung from their excluded Tyrants in their exigency, or any wayes indulged (as they would have it accunted) is no more possible then for a Tyrant to erect and long to continue an Usurped Jurisdiction, while he governed by a body of Lawes that had been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fundamentall Lawes, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no otherwise then an honest Traveller, who in discretion is bound to give out no offensive words, whilest he finds himselfe encompassed by Theeves: Wherefore let not any of our former lawes or Customes, no more then our Religion hath done, passe unexamined, and so scape being blasted or allowed of as they shall tend to the true freedome, securing, enriching, and contenting of the people of the Nation. To be led implicitely to accept of Lawes we either have not tryed, or understand not, is the second grand indiscretion which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicite Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the Lawes becoming wholesome to us, without more then a little rectifying, qualifying, if not quite new-moulding them? Did not the late King CHARLES pretend, as well he might (for they were more his then ours) to fight for defence of the Fundamentall Lawes, and the Protestant Religion? And doe we think his Lawes and his Religion, together with his Judges (for they also were more his owne, and complyed more by base Expositions, then either his Lawes or his Religion) would ever have cut his Head off for fighting to maintaine them? Certainly it was another, and that far better, as more rationall both Religion and Law, that freed us from this superstition and vassallage: And if we doe not more speedily begin to owne it, ere long I feare we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwink'd trust those Lawes which have been subservient to the lusts and pleasures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us. But rather then this Legall Bondage, and implicite proxie Religion should be longer continued, It is Propounded, I. THat all the present Courts of Justice be abolished, and no Proceedings either at Law or equity, except against such as disturb any man in his present possession, who by the next Justice of Peace may forthwith be put againe into possession. Or against such as shall injure any man in person or name, whom likewise the next Justice of Peace may punish, according to brief Instructions to be appointed in that behalfe. And for matter of Bonds, Bils, or Book Debts, upon Request of the parties the next Justice of Peace to require execution and present payment, the Creditor putting in unquestionable Security to stand to such further Order as shall afterwards be agreed upon by the Supream Authority in that behalfe. And all other Law, and Proceedings at Law or equity, to be of no effect: Nor any other proceedings to be at Law or equity, untill the Supream Authority have new modelled them, together with the Officers and Courts of Justice, which is hoped may within lesse then six moneths time, if gone upon, be compassed. II. That in the new modell of all Officers, both Judges and others, have their respective standing Salaries, which may be a competent and comfortable livelyhood, and not suffered to take any Fees, Gift, or thing, whether money, or moneyes worth, upon greatest punishment both to the Giver and Receiver, to impeach and accuse each other, and injoy immunity to himselfe, and one halfe of the Fine, the other halfe unto the State. And that as well Judges as other Officers, be present and doe attend upon their respective charges every day in the weeke except the Lords day, and dayes of Publick Humiliation and Thanksgiving, from 8 till 12 in the forenoone, and from 2 till 6 in the afternoone; if any one person appears upon any businesse what soever, and desires to be dispatched by the Judges or any other Officer whatsoever. However through the Tyranny of the Powers, the practice at this day be quite contrary; yet such as aim at Common good will find it very just and reasonable, that even Judges and all publick Officers, who have a Salary, should rather attend and wait the peoples leisure, who pay them their wages, then that the people, even every individuall person who is their Master, their best master, their pay-master, should wait upon their Officers, their Servants. III. That there be no distinction of Courts of Common Law, and Chancery, but that all Courts of Judicature have the power both of Law and equity to qualifie the one with the other, and to determine all Causes brought before them. The having so many severall sorts of Courts, especially one differing from, and condemning what the other Judged to be just and righteous, doubtlesse was not onely one of our Tyrants stratagems to keep the people in vassalage; but the Lawyers great Engine to make more work for themselves. They first tell you, and that plausibly enough, that the world is stark naught, and that therefore a man cannot be too carefull and cautelous in contracting with any person, or what security he takes; and thereupon councel him to get a bargaine and sale, a mortgage, or a penall Bond, or sometimes all of them together, double, treble, and perhaps six times as much as the Debt imports: Now if this party be put to sue upon either of them, or all, though he would be contented to take his bare debt with interest and charges, he is not permitted to sue for the same in Chancery , but is turned over to the Common Law, where he may not demand lesse then the whole Forfeiture, be it never so much, and the Common Law will give it as certainly, whether it be right or wrong, if he can but declare and lye after the Common Law fashion; but he had need be well versed and precise therein, for if he come short of a letter, nay if a letter do but look asquint, an ignorant or a knavish Jury may put him to begin againe, or loose all, both principall and penalty. In commiseration whereof, our good Governours, and yet the selfesame Tyrants, and their equitable Lawers, prevail'd to possesse this over credulous Nation how reasonable it was to have a Court of Chancery to qualify and mitigate the rigor and Tyranny of the Common Law. The truth is, the Common Law is extravagant enough, to say no worse of it, but to flye therefore into the Chancery is a remedy worse then the disease, leaping out of the Fryingpan into the fire is not so bad. The Common Law, if our Attorneyes were true to us, would not keep us long in purgatory, but of the torments of Chancery you must have good luck if you find either end or respite, to doe you good; and your adversary must want money to fee Lawyers, enough to confound the Cause, and muddy the waters, as they doe usually, that a Register (who doubtlesse made more Orders then the Judges) seldome gets fast hold thereof, though he make a hundred Orders at his pleasure. How easie a matter were it then to prevent such waste of time and moneyes in following two Courts so diametrically opposite? Had you not better that either of them should dispatch you, and put you out of paine speedily, then to be ground in pieces between them both so long together? But what a cheat is it for the Chancery to dismisse the Bill for demanding principall and interest onely, upon a penall Bond, and turne the Plaintiffe over to the Common Law; and yet after a yeare, two, or three upon the Creditors suggestion farced full of lyes and forgeries (which no Bill in Chancery is free from, nor scarce answer without perjury, and yet a christian Chancery) not to give full charges and interest, which yet the Chancery necessitated the party to be at, in that it put him to demand and recover the penalty at Common Law. But let us see what kind of reliefe it is a poor man gets by flying into the Chancery? Suppose a Verdict is by perjury, surprisall, or otherwise, unduly obtained against a man, whereupon he gets injunction injuntion , and serves his adversary himselfe, the then Attourney, and Councellor; the party afterwards Fees other Councel, perhaps another Attorney, obscures himselfe, and carries on the Cause to an execution, and puts the party in prison, and then no remedy because the Judges forsooth they may not be served with the Injunction. Surely a Nation is at an evill passe when it must be perplexed and squeezed to pieces between their Courts of Law, and equity, whilest the Officers thereof between complementing and envying each others, erect their owne jurisdiction and prerogative: Certainly the Court of Chancery as Supream ought to have its Injunctions obeyed even by all other Courts and the Officers thereof, otherwise what availes it to direct an Injunction to Councellours, Attorneyes, Sollicitors, Agents, when as if you have served all but one in Westminster-Hall, that one onely may doe the feate, and consequently quite frustrate the injunction; wherefore although the Chancery doe not direct them to the Court and Judges themselves, with all their Officers in generall, doubtlesse it could not be out of at any other consideration, then of respect unto the said Court and Judges, who by the same rule ought, when they understand of an injunction in a Cause, not to proceed any further, out of the same respect to the Chancery their Superiour. IV. That all matter of Trespasse for words or deeds, and Batteries, be tryable by the next Justice of Peace, if at home; or else by the second next Justice, where such Trespasse or Battery is committed. As also all Actions for Debt, under 40s. and so to be determined interlocutorily, if the said Justice can agree them within 48 hours: But if not, then each party to have his Cafe put in writing by the said Justices Clerke, or any other friend, as each party pleases; and how or in what manner the Justice would have determined the same, to be without interlineation subscribed by the said Justice and both parties, and so sealed up and transmitted by the Justice unto the County Court. And that onely every injurious, or offensive Action, but every scandalous or upbraiding word be punishable, according to the degree and occasion thereof, because otherwise the parties wil be provoking one another, supposing they are still without the Law, untill they fall into greater injuring and endammaging one another, even to a down-right disturbance and breach of peace. If the Supream Authority shall please, the result and determination of these Justices for all matters of Trespass and Actions of debt not exceeding 40s. may be definitive and binding, and the said Justices obliged to see them executed. But withall, that it be free for the party grieved, by such determination, to appeale unto the County Court, who if the appeal be allowed, may condemne the respective Justices in all damages and double charge, and so contrariwise if the appeale be disallowed. V. That there be a County Court, where one or more persons as Judges, shall be impowered to allow of Wills, and grant Administrations, within the said County; and to take cognizance of all Causes transmitted to them by the Justices of the said County; And of any complaint or demand whatsoever, whether criminall or civill, for any Debt contracted, trespasse done, or action triable within the said County: which said respective Judge or Judges shall forthwith fall upon, and take them into consideration, each by course, and so soon as it can be put in readinesse, according to the Orders of the Court in that behalfe. It may not be amisse, nay like enough, the preventing many a Suite, That the County Court doe not admit a Bill or Declaration from any Plaintiffe in what Cause soever, unlesse he bring a Certificate annexed from the next two Iustices of Peace where the Defendant resides, that the said two Iustices of Peace have seen the said Bill or Declaration, & summoned both parties before them, endeavouring and perswading them to an agreement, or such manner as did appear unto the said Iustices, to be just and reasonable, which the said Iustices may be required to dispatch with all possible conveniency, and not to exceed ten dayes at most; withall to certifie how far forth the Defendant was willing to comply, or stood refractory. There may be perhaps at present sometimes from 20 to 80, between Causes and Motions heard at the Chancery Barre, and Upper Bench in one morning, perhaps in lesse then three or four hours, but how advisedly or considerately, let all the world judge, or any one in particular, that is but a stander by at any time: It is not fit that any Cause or Motion should be huddled up, that another should succeed. It is the long delay in dispatching Causes, and the making of so many extravagant and contradictory Orders, which makes Suites so intricate, and tedious to be decided at last. No man should be abridged in opening of his Cause or Motion, which being well done, the Iudge will be the better able to understand and determine it more speedily, and more agreeable to the justice thereof, and so Causes will happen to be finally determined, faster then new Suites commenced. And when one Court in a place is not sufficient, as in London, or in great Counties, it is better for to have two or more Courts, but one judge in each of them were best, and will likely dispatch more then two, and more unbyassed; whereas being two or more, they will endeavour and be encouraged to fix the blame upon each other for what they have a mind to trespasse in; for how shall it be discerned who is most in fault, when both or all of them subscribe the judgement? or what if they disagree about it, how shall it then be determined? VI. That the Judges in each Court upon their first sitting, aske if there be any Paupers, and dispatch them first, and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise. VII. That the Bill, Demand, or Declaration be put in, and left in writing, with the judge, or his Clerke, appointed to receive the same: And a Copie left at the other parties habitation, signed by the partie himselfe and his Clerke. And all Answers and Pleadings to be likewise put in writing, and Copies signed and left as aforesaid: And that it may be lawfull for the Plaintiff, insisting upon his former demand, to rejoyne and adde unto his former demand, producing whatsoever Depositions, Certificates, Evidences, or authentique Copies therof to be compared with the Original, upon the request of the other partie, and whatsoever other proofs the Plaintiffe please, leaving Copies as aforesaid, and the other party or Defendant insisting upon their former Answers againe to answer so often as they see cause, untill the Judge, at either of the parties request, shall give eight dayes notice unto the other to finish and compleat the Processe or Proceedings for the Judges perusal, who is not to reflect upon any Allegation in behalfe of either partie, unlesse the same be put in writing, and found duely fyled with the rest of the proceedings. And whereof the other partie had copie given him, and due Notification to reply as aforesaid. And that all Bills, Answers, Declarations, Pleas, &c. do no longer run in a slavish petitionary way, as formerly, But barely in the name of the Plaintiff and Defendant, with such distinction onely, and place of abode, as may distinguish them from all other persons. The present practice, but a most wilde course it is to conceale the Evidence untill the very poynt that Judgement is to be given, when the parties cannot in likelyhood have time to read them, much lesse to advise and make exceptions, nor to enquire of the Witnesses produced, how far they may justly be excepted against as incompetent, much lesse advise how to crosse examine, or disprove them; but the truth is, we are so irrationally grounded, as that we may not to our advantage, gainsay a Witnesse, though he depose never so falsly, or perjuriously: we are told we must take our course, and impeach the Witnesse of perjury; and is not this a pretty amends? an unconcionable Cative gives a Knight of the post, a hundred pounds (perhaps a hundred pence may doe the deed, for they are good cheap) to swear for him, whereby he recovers a thousand pounds of me, and all the recompence our good Lawes will give me, is to see my Knight stand in the Pillory, and loose his ears, for which sight, yet sometimes perhaps I must pay more in prosecution porsecution of him, then this rascall had for his Judas-like betraying me. The very forme and draught of a Bill, or Answer in Chancery, Court of Wards, Exchequer, and other Courts, was a clear badge of our vassalage and slavery, and not longer to be endured by a free-borne Nation. Justice is the birth-right of every individuall person, to become as free to us, as the aire we breath in, to be demanded modestly, not petitioned for. Perjured or false Witnesse have hitherto scaped scotfree for the most part, because, though the party who was perhaps undone by such false Witnesses, prosecuted, & was at charge to cause such perjured person to loose his ears, and be fined to the Common-wealth, yet he had no manner of recompence, or satisfaction for his owne losses, through such perjury, wherefore it is propounded, VIII. That each party be free to examine Witnesses of course, by the Examiner of the place where the Witnesse reside, to be transmitted unto the Court where the Cause depends, so soon as they please; first giving notice unto the other party, and afterwards a copy, both of the Interrogatories, and depositions, so soon as they are taken. And that it be free for either party to crosse examine Witnesses, whil'st the Cause is depending, and have four dayes at least, or more or lesse time, according to the place where Witnesses reside, assigned him for crosse examining such Witnesses, of whose depositions with the Interrogatories, Copies are to be given as aforesaid. Or rather to prevent the expence of often writing, and coppying out superfluous Interrogatories and depositions, That it be lawfull for each party to take by way of Certificate upon Oath made before any Justice or Judge, under the hand of any such Witnesse, what such Wittnesse can testifie in the Cause depending, and leaving Copy thereof with the other side, to fyle it with the other proceedings as aforesaid, which the respective Judges are to take notice of, and to make the same use of as of depositions: And the other side is free to crosse, examine, or to get crosse Certificates from the said parties first certifying, and leaving Copies thereof, as aforesaid. And all persons so certifying Witnessing or deposing any thing contrary to truth, shall be lyable to be proceeded against, and condemned in all manner of dammages, unto the party grieved. It is impossible to know how in judgement to cros-examine Witnesses, unlesse you know what he had first deposed, and generally such as are employed as Commissioners to take depositions, doe not so exactly know the method to be used therein, nor their Clerks qualified to pen them as they ought to be; and many not able to write legibly, much lesse sensibly. Witnesses at Common Law may be produced and alledged to be such and such, abiding here or there, when as afterwards no such manner of person to be found, or if found, known to be incompetent Witnesses, which could not be objected at the Tryall, because the other party had not timely notice of their names, to make enquiry after the parties themselves. It is no matter how leading Interrogatories be, and it were much to be wished, that an Interrogatory could light or point out every circumstance which might conduce to the discovery of truth, that the trouble and expensivenesse of others might be avoyded, and if any one be found deposing an untruth, he may be condemned in full dammages of all sort. And since Decrees & Judgements are the most weighty and important Acts of the Nation, and therefore ought to be well weighed, and not pronounced extemporarily, as hitherto: And so much the more unconsidered, by how much the Councellours, Attourneyes, and Sollicitors, on each side, continually and even purposely, interrupt each other, and suffer not the Judges to have a clear understanding of the Cause, it is Propounded, IX: That the Judge having perused the whole proceedings, and considering of it seriously, while the same is fresh in memory, without regarding any thing, but what is filled with the proceedings, shall either draw out the Order, Decree or Judgment by himselfe, or give instruction, how to have the same done, & then read it over advisedly, and subscribe it with his owne hand, to remaine with the whole proceedings ever after upon record. Though the most unjust Order or Decree be passed against any man, yet if it remaine not upon record what Evidences were produced, and what Witnesses did testifie, the Judges will avoyd the charge thereof, in alledging that this or that Evidence was produced, to ground such Order or Decree upon, or that nothing appeared to the contrary, and so secure themselves from being impeached: And if it be said that Witnesses may be produced to make out the Charge against such Judges: It is Answered, that the said Judges will also if need be, produce Witnesses enough to depose the contrary, and so cause them to perjure and out-sweare one another, and all this because the Allegations of both parties were not written downe to remaine upon Record. The Objection that if the Judges, whether at Common Law, or in Chancery, should read both Bill and Answer, Declaration, or Plea, &c. put in writing, much time must necessarily be spent, and few Causes dispatcht; will easily be Answered, and made appear, that this way would not onely dispatch more causes, but also more speedily, in that the greatest part of time now spent, is in making Orders and Decrees which are afterwards countermanded by contrary Orders and Decrees, and that upon good grounds many times, as being in themselves ungrounded altogether. And if a computation be made of how many Causes have been finally determined within these eight years, I believe it will be found, that even a greater number of Causes wherein every, Demand, Answer, Reply, &c. had been succinctly put in writing, and afterwards read in presence of the Judges or Commissioners themselves, might with more clearnesse and justice have finally been determined in eight moneths. And the truth hereof may easily appeare, if a search be Ordered to be made, first how many Motions, and secondly how many needlesse Orders have been made, and how few Causes finally determined within these eight yeares, and a Computation made accordingly. X. That it be lawfull for either or both parties agrieved within eight dayes to appeale from one and the same Order, Decree, or Judgment of the County Iudge to Westminster, and from Westminster to the Supreame Authority, who in case they finde the Appellant to have unjustly appealed, are to condemn him in all manner of costs and damages unto the other party; If otherwise, to give him all manner of damages, with double costs at least. And if no Appeale be fyled within the said eight dayes, then Execution to be granted both against body and goods reall and personall. There will be no inconveniences in so many Appeales, if the party unduly appealing be condemned in damages and charges unto the party grieved as is propounded. I have heard of an ungodly Proverb often repeated in other Countries, which sayes, Happy is the Sonne whose Father is gone to the Devill: Their meaning is this, that such a sonne had good luck whose Father adventure losse of soule and body to leave his sonne a great Estate. And though this graceless saying be not in proverb, certainly it is no where more in practice, neither are any people so highly tempted thereunto as in this Nation: It being a maxime in our Laws, that personall actions dye as well as persons, so that if a man enrich himselfe by Bribery, Perjury, cheating, lying, stealing, or murdering an Heire that stands between his Family and a great estate, or the like; If he do but goe aside, and play least in sight untill death summon him to an account, his children enjoy his evill gotten lands or riches as freely as any other estate. It is therefore Propounded, XI. That upon the Defendants or Plaintiffs death. the Executors or Administrators of either producing Certificate of the Administration granted, which is to be exhibited, and remaine fyled with the rest of the proceedings, Further progresse may be made as before, without any losse of time and charge, except the contrary party take Exceptions unto such Certificate, which in such case is to be speedily argued and determined as all other exceptions are upon all other emergencies whatsoever, Copies being first given to the other side, and the party unduely troubling the other, to be condemned in Charges as Dammages as aforesaid; so that all personall Actions may be freely begun and prosecuted by or against the Executors or Administrators, as if the Principall were living. XII. That if the Report of the Justices be confirmed by the County Court; Or if the Judgement or Decree of the County Court be confirmed by the Court at Westmin. then such said respective second judgment be ultimate, & stand unrepealed as to the party, in whose behalf it was given: And that it be free notwithstanding for the party grieved to appeale from the County Court unto the Court of Westminster, or from the said Court of Westminster unto the Supream Authority; who if they confirm the same, may condemne the party unduely appealing in double costs, and one fourth part of what hee so unduely appealed for. But if the County Court, or the Supreame Authority see cause to reverse the judgment of the respective inferiour Judges, then to condemn such respective Judge or Judges in all manner of damages: And that the Judge or Judges of each Court upon on the finall Decree or Judgement of any Cause, do put in writing the motives which induced them to passe such Judgement or Decree, subscribed with their owne hand to remain upon Record with the rest of the Proceedings, which at the end of the Suite are to be stitched up together, and so bound up in great Volumes as big as are manageable, and exactly Alphabeted and orderly laid up in presses, as that they may be speedily found out upon all occasions. For unlesse the Judges who are not subject unto their own or any subordinate Court, be questionable by the Supreame Authority for male-administration of Justice, the whole Nation will be lyable to be undone by them, without remedy. And then again, unlesse the Supreame Authority take such course, as that all Petitioners, whether against Judges for male-Administration or other grievances, wherein they can no where else be relieved but by the Supream Authority, may have easie accesse and speedy dispatch without charge, the remedie will be worse then the disease: And the people had better let all flye, then purchase the hopes and expectation only of recovery thereof with over-long attendance, excessive expence, and extream vexation. But if it be queried, who will then be Judge to the hazard of his owne estate even for erroneous judgments, and though he proceed never so uprightly according to his best understanding and conscience? I answer; That it is presumed the superior Court, and the Supream Authority will not be over-rigorous against such Judges, as clearly appeares, to have proceeded so diligently, advisedly, and uprightly, as could humanely have been expected, especially in doubtful cases; But if not as wel for erroneous and corrupt judgements they be censurable, though they be never so corrupt and byassed, they will still alledge to have proceeded and judged according to the integrity of their owne Conscience, and their utmost understanding, and so scape scot-free, as Jury-men and Judges have done hitherto, though they passed never so many Orders and Decrees, one directly crosse and contradictory to the other. Besides, why should any one of the Nation suffer or loose his estate through the errour of another? especialy when the other covenants, and hath a price for what he undertakes, and so becomes a servant unto the Common-wealth: And Judges ought no lesse to act any thing at their owne perills, then any other person throughout the Nation. And if they will not accept thereof upon such terms, they are equally free with others to wave the same. Have there been so many thousands of truely conscientious, godly, and understanding men, even capable of highest employment, who adventured their lives Gratis; others for an inconsiderable pay for a bare livelihood, even eight pence a day, and they done better service then many a Counsellor or Judge: And shall wee feare there will want persons fitly qualified to make Judges in our Land? Surely such as have run greater hazard, and done better service then severall Judges, without any at all, or for farre lesse consideration in way of wages then a Judge hath done, will not decline a lesse hazard when it may redownd more unto their Countries good nor prove lesse accomplished for the service. XIII. That no Counsellour be permitted to take, or Client to give above 10.s. for any one Motion or Hearing upon forfeiture of ten times the value, one halfe to the Common-wealth, and the other to the Discoverer: And that it be free for Giver and Taker to impeach each other, and enjoy the benefit thereof; and the Councellour being twice convicted for taking greater fees, be made uncapable of further practising in any Court: And that no Councellor having taken his fee, do omit to be present precisely at the beginning of such Motion or hearing as he taketh his Fee for; Nor move or plead in two Courts sitting at the same time upon the same penalty as aforesaid. The greatest part of motions is grounded upon matter of fact, and is easie discernable, it requires not for the most part about ten or twenty words, which may be as well, & cheaper uttered by the party himselfe, or any friend of his, wherefore it is propounded. XIV. That the parties themselves, or any Friend for them be permitted to speak if they desire it. And that not above two Counsellors be heard upon any Motion or Hearing, and that all persons be free to act as Attorneyes, as well as in any other Trade or Calling throughout the Nation. XV. That all Motions and Causes for Hearing be entred in course according as the parties Clerks or themselves appear to desire the same: And whosoever intends to move in any Court, doe first give a Copie of what they intend to move for unto the Clerke of the other side; and if the other side yeeld unto it, or any part thereof within 48. houres, they may draw up an Order by consent: And for what they cannot agree, the party upon 24. hours notice may move: And if the Judge or Judges see cause to grant the motion, that be condemn the other side in double charges: And if that motion be denyed, then the party moving to be condemned in double charges: And that all such Orders be drawne out briefly and clearly, and as neer as may be to the present Rules at Common Law. XVI. That one and the selfe-same Execution be taken and serve against person and goods both reall and personall in any part of England and Wales to be directed to all Sheriffs in generall, but to be served by the party himselfe, in whose favour it was granted if hee please, or by whomsoever else he shall employ: And the like for all other Writs and Notifications, provided they be persons of Integrity who are so employd, except to give notice of a tryall or hearing, which may best be done by a publique Officer. XVII. That the unnecessary sealing or Writs, &c. be forborne, and that all dates be expressed by the day of the moneth and a year, and that all Writs be sent open and directed to all Sheriffs in generall, or to such other publique Officers as for their sallary and fees, or otherwise doe voluntarily accept acceptpt thereof. And that what persons soever being to be served with any Processe. The Sheriff or his Deputy so soone as he receives the Processe, be obliged by himselfe or his Agents to repaire within three dayes unto the dwelling house or habitation of such person upon five pounds penalty, and not meeting with him, to leave a notification thereof in writing nailed upon the door, or gate, which no person may dare to take downe, but the party himselfe, whose name is to be endorsed upon the outside, that it may be apparent to whomsoever enters or passes by: And if such person within other three dayes appeare not to the Sheriff or his Deputy to be served with such Processe; That then the said Sheriff return such Processe by the first or second Post next following, or by some Messenger who may bring it with like speed upon penalty of 20.s. a day for such dayes which such Processe shall be longer delayed to be levyed of course by the Sheriff of any of the next adjoyning Counties on the Lands and Goods of the said Sheriff to the behoofe of the party who tooke out the Processe, together with his charges, without the least mitigation. XVIII. That the Sheriffs their Deputies, Bailiffs, and other Officers have their known Residencies where the people of the Nation may be sure to finde them at their usuall houres, and be dispatched without delay. XIX. That whosoever shall undertake the serving or executing of a Writ, and reveale the same, whereby the party escapes, or omit to serve such Writ, or to Arrest any person, when he or they might probably have done it: And having apprehended him, shall not forthwith deliver him up into safe custody, without making any stop or stay by the way. Or that shall not keepe him from escaping, or suffer him to be rescued through connivance or want of diligence, shall be liable to make good all charges and damages ensuing thereupon. XX. That for the future all Rules, Appearances, Imparlances be entred in publique Bookes, or rather annexed to the Processe or other proceedings whereto both Plaintiffs and Defendants should be free to have recourse. And that Copies thereof be forthwith given unto their Clyents respectively by their said Attorneys and Clerkes upon 20s. penalty for each default to the use of their respective Clyents together with whatsoever damages their Clyents shall sustaine for want thereof. The Attorneys or Clerks in all Courts give rules or terms according to the custome of their respective Courts, all which they enter in their owne books, as also Appearances. Now they themselves being Masters of these Bookes, they write in them what, and when they themselves will, and will not let their Clyents see but what, and when they list: So as it is clear, that the Clerks on both sides combyning together, may use or misuse their Clyents as they please, their Clients not being able to hinder it, nor in any possibility of understanding when their Clerks play the knaves with them, much lesse to remedie it when they know the same. XXI. That no person who hath not engaged himselfe by some Deed or Covenant under his owne hand, nor that is known to have a reall estate responsible, be liable to arrest till after Judgment. Nor other person, except upon Affidavit, that he conceales himselfe or his estate, or intends to conceale himselfe or his estate, or to leave the Land, or make his estate away beyond Sea. XXII. That what person soever (being by casuall and unavoidable losses, whether by Sea or Land, brought behind hand, and disabled to pay his debts, after sixe months imprisonment, if his Creditors require it, shall without all manner of deceit and collusion renounce all his both reall and personall estate to the behoofe of his Creditors, except his owne, his wives and childrens wearing Apparell, Bedding, and Instruments particular to their Calling. As also 12.d. in the pound upon the value of whatsoever such person shall so resigne and renounce unto his Creditors to be divided amongst them ratuably, according to their respective credits, shall from that time forwards by the Judge of the place where such Debitors lives be discharged from all manner of actions which his said Creditors had against him. But if it appeare at any time afterwards, that such Debitor did conceale any of his Estate, whether reall or personall from his said Creditors, or had before-hand made it over in trust to any person for his owne use, to the defrauding of his said Creditors, then shall the Debitor be lyable to be put in prison, and remaine there, and be kept at worke untill he hath satisfied his Creditors to the full. And that all persons under Execution upon actions of Battery or Trespasse: If they have not an Estate to satisfie such Executions, that their Fines be exchang'd into so many moneths or years working, to the benefit of such person as they have trespassed against: Or else into certain corporall punishment according to the nature and degree of the offence committed. And since the lying kind of penall Bonds and Mortgages have beene long since anathematiz'd for usurious, not onely amongst such as would be accounted best Christians, but elsewhere; That we may not be worse Christians then they, more barbarous then any, nor the Lawyers to continue longer to make a prey of us, it is propounded XXIII. That all single Bonds and Bills of debt may tacitely imply an Obligation of Interest to be due, equall with the principall, from the day such Bonds and Bills became due, untill the day that both Principall and Interest be satisfied together with damages and charges: and that a duplicate of such Bonds or Bills voluntarily registred in an Office for that purpose, and from thence certified at the Obligors request unto the County Register be entred as an Incumbrance upon such Obligors lands by the said County Register, who shall also endorse the said registring or enrolling upon the principall Bond or Bill to be secured thereby, according as it comes in course; and that the said Bonds and Bills being assigned over from one man to another as often as the parties pleas may be good in Law, and stand irrevocable, and enjoy the same Priviledges being registred as aforesaid. So great a part of our civil Covenanting hath been by way of penall Bonds, Morgages, and such like Usurious and Extortionary Contracts, as most clearly demonstrates this Nation, not onely to have been far from true Christianity, but to retaine very much of Barbarisme. First in that our Bonds are commonly made for double the debt, and so make all parties even under hand and seals before Witnesses, to be lyars upon on Record, and Morgages the like: And both one and other upon failer of a day, forfeited at Common Law irrevocably. But shall we be accountable for every vaine idle word, and shall we scape scot-free for our lying extortionary Contracts, because they are according to customary fundamentall Lawes of England? Certainly no other then the Devill, by his instruments the Lawyers, could be the Inventers and Upholders of such Lawes, such Contracts, and thereby of their own Trade, and Mystery, their robbing and tormenting of a Nation; the greatest part of Law-suits arising from such devillish and unchristian-like ensnaring Bonds and Contracts; for a Usurer or Money-monger, desiring to make the greatest improvement of his stock, advises with his Lawyer, who bids him take his Debitor by the throat, get a Mortgage of him, an absolute Bargaine and Sale, or a Bond with double penalty, and perhaps all of them together, to hold him so much the faster. Secondly, when the poor Debitor feeling the Rope about his neck, expresses an unwillingnesse to be made thus accessory to lying and his owne ruine, it is told him, the Chancery will forgive and pardon him; whereupon to prevent strangling at that instant, he sets his hand and seale, and gets a Reprieve for six moneths longer, or some such breathing time, which being expired, the Creditor is not admitted to goe the nearest way about by the Chancery, to regaine his principall with interest and charges, which some of them would be contented with, but must first goe to Common Law, and get the forfeiture of the Bond, and an entry upon the Mortgage, and afterwards use the best means he can, that the Chancery after some yeares progresse, may make an end of undoing what the Common Law had done, before he can be at liberty to receive and injoy any part of satisfaction. In briefe, But since neither a new body of Lawes can be prepared on a sudden, nor the old Lawes or proceedings be so soon new modelized as were to be wished; as also in that there are multitudes of Causes, both at Common Law, and in Chancery, which cannot be dispatched for want of time, and if turned over unto the new model, in the perplexed condition they are in, would never suffer the Judges to get before hand with their worke; It is therefore humbly Propounded in the meane time, "
"CERTAINE PROPOSALS IN ORDER To a new Modelling of the Lawes, and Law-Proceedings, for a more Speedy Cheap, and Equall Distribution of Justice throughout the Commonwealth."
"Certaine proposals in order to a new modelling of the lawes, and law-proceedings [...]"
"UPon Easter Munday last, being the 23th. day of March, in the 20th. Year of the Reign of our Sovereign Lord the King that now is; It being the usuall time of the Apprentices Liberty for their Civil Recreations; A Rude Multitude of People being met together in MooreFields, where, being so assembled, were instigated by some Factious Persons amongst them; who, to colour their Design, insinuated into the Rabble the pulling down of Bawdy-Houses; Under which Colour of Reforming of Bawdy-Houses, they at length Raised a great Hubbub; and so increasing in their Disorders, in a Tumultuous manner, committed many notorious Crimes; But, by the vigilancy of the Magistrates of the City, with the assistance of His Majesties Guards, were at last reduced; some of the Ring-Leaders whereof were apprehended and committed to the Goal for their Offences, to receive their Tryalls according to the known Lawes of the Land. And having been several times Examined, upon Confession of some, and Pregnant Proofe against others, by a special Jury of several Knights, Esquires and Gentlemen, of very great worth and esteeme, of the County of Middlesex, These Persons following, to wit Were Endicted of High-Treason for Levying of a Publick Warr against our Sovereign Lord the King; and at the Goale-delivery of Newgate, held at the Sessions-house in the Old-Baly London, the First day of April, 1668, and continued till the 4th. day, on which said 4th. day in the presence of Sir John Kelyng Knight, Lord Chiefe Justice of His Majesties Court of Kings-Bench. Barons of His Majesties Court of Exchequer. Sir Edward Atkins Sir Christopher Turner Sir Richard Rainsford Together with Sir William Wild Recorder of the City of London; These Prisoners following, viz. Peter Messenger. Richard Beasley. William Greene. Thomas Appletree. Were first called to the Barr to receive their Tryalls; where, after Proclamation being made, they severally Pleaded to their Indictments; and put themselves for their Tryal upon their Country. The Names of the Jury Sworn. The Jury being Sworn, the Court proceeded to Tryal. You Gentlemen of the Jury, these four, Peter Messenger, Richard Beasley, William Greene, Thomas Appletree, stand Indicted for High-Treason, having left their Obedience to our Sovereigne Lord the King, and being instigated by the Devill, upon the 24th. day of March last past, did Contrive a Design to Levy Warr and Rebellion against the King; being in the Head of Four or Five Hundred, Armed and Arraied: If this matter be proved against them, you must find them Guilty. You Gentlemen of the Jury, these Prisoners at the Bar did contrive and levy war, and fell upon the Kings Officers, and beat them, and broke the Prison, and let out the Prisoners, some for Felony: among the Multitude these were Four of them, as we shall endeavour to prove. The names of the Witnesses called and sworn, The Oath. THe evidence you shall give between our Sovereign Lord the King and the Prisoners at the Bar shall be the truth, the whole truth, and nothing but the truth. So help you God. Sir, pray tell my Lord what you see these do on Easter Tuesday. My Lord, I saw this Richard Beasley in the head of four or five hundred; he had a sword, and I took his sword from him; he had Colours, a green Apron upon a Pole; I heard some of them cry, Down with the Redcoats, and I did see William Greene there too, but not Appletree. Did they go with the multitude or no, or were they with them? They were with them; but I cannot say they went along with them. Pray tell my Lord what the Multitude said at that time. When we fell on them, they run away. Did Beasley lead them on? They said he was their Captain. Master Cowley tell my Lord what you saw. My Lord, he cut me and wounded me on the hand. The Constable charged them to be gone, and disperse themselves; with that they struck at the Constable, and knocked him down. Under what pretence did they pull down any house? The Constable, and some more of us, beat them up Nightingale Lane, I know not what their pretence was; I saw Appletree there, for he was the first that struck at the Constable, this was on Easter Tuesday. Did you see Greene there? I cannot tell. Did you see them pull down any house? what did you hear them say? They said, Down with the Bawdyhouses. Did you hear them talk of the Redcoats there? was Greene amongst them as one that helped and acted with them? I see him in Morefields on Munday, Tuesday, and Wednesday shout and throw up his Hat. What did you see them do? All that I saw was that Peter Messenger come along with the Colours in his hand, and I took him and carried him to prison my self; I did not hear them cry, Down with honest houses, but Bawdy-houses, I did not see all those, but onely these two, (pointing to two at the Bar.) Ay that was the Captain and the Ensign. My Lord, I saw this Beasley and Messenger in Moore-fields pulling down houses on Munday and on Tuesday in the head of three hundred, and at that time we routed them; On Wednesday they came with four or five hundred, and cried, Down with the Redcoats. What can you say? Witness. All I know is, Beasley made a blow at our Ensign, and struck at him with his Sword. What was their pretence? I cannot tell that. I see Thomas Appletree help to pull down Peter Burlingham's house, and broke another. What Company had they? About three hundred. Had they any Colours? what did you hear them declare? I heard them declare nothing, for I had like to have been knockt on the head. Well what do you say for your self, you hear it is sworn against you, that you were at the head of this Rabble, and they called you Captain, and you lead them up, and when the Constable came to command peace in the Kings name, you fell on him, and wounded him, so that he is hardly able to be here this day; Why did you gather this multitude together? It will behove you to make your Answer, what reason had you for it? I do not know the reason. I speak to you, that you should give a reason; After all this trouble that we have had in this Nation, it is a sad thing that a great number of giddy-headed people must gather together, under pretence of Reformation, to disturb the peace of the Nation again, if you can say no more for your self, there will be little trouble with you. What was the meaning of your gathering together? We went to pull down Bawdyhouses. How did you know which were Bawdy-houses? if you had known them you might have indicted them, there is law against them, but this is a strange kind of Reformation, if a Rabble come and saies, This man is a Papist, and this keeps a Bawdy-house, and would pull it down, this is a mad Reformation. My Lord that man hath sworn I was out on Tuesday, it was Wednesday before I came forth, but staid at home with my wife, because I would not be among them. Did not you carry a green Apron on a Pole for your Colours? My Lord, as I passed along by the Rout they flung a Bottle at me, and had like to have knockt me down, and tore my Apron off, and charged me to carry it on a Pole, and I would fain have come away from them, and could not. Make this appear, that you would fain have got away, and that they did force you to do what you did, and I shall be glad of it. There is none of them here now that were there then. Then all that you say is of little use: for it is no great thing to make a lye to save ones Life. God is my Witness. Have a care what you say. What say you of these four at the Barr. My Lord, I heard they were pulling down Houses, and I did what I could to preserve the Kings Peace; and that day I did save a great many houses and goods; the next day they were near my own house, and I did endeavour to do the same; and this Fellow with his Company did surprise my Men, and knockt me down; yet I Commanded the Peace, and they beset me round about, and cut me over the hand: I do remember that Beasley. VVe were in a place where there were three turnings, but they knockt me down, and beat me so, that I could not tell who it was that did hurt me. Do you know any more of this Company. No, my Lord: for if the Soldiers had not come, they would not have left till they had killed me. Had you your Staffe? Yes; But they took it away from me. I saw Messenger on Tuesday, though he sayes to the contrary. Messenger, You hear what is said against you, you say you were not out on Tuesday, he hath Sworn you were at the head of a Company with a Green Apron on a stick, and led them up. I was not there. I saw him (my Lord) on Tuesday, he and Beasley, about eleven of the clock in Moore-Fields, and they had gathered a great multitude of four or five hundred, and then they made an attempt to come into our Parish, and they cried, Down with the Redcoates. Pray, my Lord, let my VVitnesses be called in, for they Swear false. Your VVitnesses shall be called, a little of due consideration before-hand would have done you more good then now. What say you concerning the Prisoner. I can say (my Lord) he was till five of the Clock on Wednesday at Mr. Bennetts House in Golden Lane. Where was he on Monday and Tuesday. I know not. On Wednesday he was at a Kinsmans house. These two Witnesses gives no account at all of you, where you were on Monday and Tuesday. Greene, What say you? I was not among them. It is sworne you were amongst them and threw up your Cap. Were you not knockt down? Yes my Lord. How could you be knockt down if you were not amongst them. Did you not see Greene in the Multitude? I see him do nothing: but I see him with a Staff in his hand; I did not see him act any thing but follow the Colours. I was not among them but as I came home. You meane you did not take part with them, but you were there: It is Sworn you were upon Tuesday, following your Captain and the Colours: It is Sworn by Mr. Bull you were among the Rabble, and were knockt down: now, if the Jury do not believe that you did act among them, we will leave it to them. Appletree, What say you? As I was passing along (my Lord) I saw a Crowde, and I went to know what was the matter, and there came a Company down, and some running after me did me a mischief; I did not see the Constable, nor say, Knock him down. It is Sworn that you were the first Man that struck the Constable, and that you were at the pulling down of Burlinghams House. I did not offer to pull down his house, nor strike the Constable. My Lord, he was in Peter Burlinghams house, and broke it down, so that you might have riden a Horse through it; I spake to him two or three times to leave off, and if I had not stoopt suddenly he had struck me down with a Bed-staffe. I did see him on Tuesday with their Company, and I did see him strike at the Constable. Gentlemen of the Jury, you have heard what these say; The Prisoners are Indicted for High-Treason, for Levying of Warr against the King: By Levying of warr is not only meant, when a Body is gathered together, as an Army is, but if a Company of People will go about any Publick Reformation, this is High-Treason, if it be to pull down Inclosures, for they take upon them the Regall Authority, the way is worse then the thing: These People do pretend their Design was against Bawdy-houses, now for Men to go about to pull down Houses under the pretence of Bawdyhouses, with a Captain, and an Ensigne, and VVeapons, if this thing be endured, VVho is safe? It is High-Treason because it doth betray the Peace of the Nation, for every Subject is as much wronged as the King; for if every man may reforme what he will, no man is safe: therefore this thing is of a desperate Consequence, we must make this for a publick Example: There is reason we should be very cautious, we are but newly delivered from Rebellion, and we know that that Rebellion first began under the Pretence of Religion and the Law, for the Devill hath alwayes this Vizard upon it; VVe know that that Rebellion began thus, therefore we have great reason to be very wary that we fall not again into the same error, but it should be carried on with a watchful eye: And because Apprentices hereafter shall not go on this Road, we will have the solemne Resolution of all the Judges, and therefore you are to find it specially. You must find the matter of Fact, And We will Assemble all the Judges together in a Sober way, to give their Judgment, whether it be High-Treason or no; not that we do doubt of it now, for we know it is High-Treason, but for general satisfaction. It is proved that Beasley went as their Captain, with his Sword, and flourisht it over his head; Messenger was there with his Green Apron on a Pole in Morefields on Tuesday, and on Wednesday he was in the same posture again. My Lord, We would have our Witnesses heard. You shall have no wrong done to you? As for Greene it is proved he was with them shouting, and casting up his Cap: Now the Act that any one does in such a Tumult is the Act of all, if they all joyn together. He was on Tuesday following there, and on Wednesday he was taken. And then for Appletree he was the first Man that struck the Constable, and pull'd down Burlinghams house. Edmund Bedle. Richard Latimer. to the Barr. Bill of Indictment. You that are now called, being moved through the Instigation of the Devill, and having not the Fear of God before your eyes, have withdrawn your Obedience to our Sovereigne Lord the King, and against him did imagine and contrive Warr and Rebellion the 24th. day of March, with four or five hundred Persons in a Warlike manner arraied with long Pikes and other Armes, there met and assembled, against the Peace of our Sovereign Lord the King His Crown and Dignitie, &c. Gentlemen of the Jury, Bedle and Latimer stand Indicted for High-Treason, wanting that love and obedience that every man ought to have of his King, did the 24th. day of March assemble themselves together, to the number of four or five hundred persons, to Levie Warr and Rebellion; if we prove this, you must find them Guilty of HighTreason. Gaylor of Finsbury Prison. Witness Sworne. Tell my Lord what you saw. I can charge no particular Person, I was from home; and when I came home I found the Prison doores open, and they had let out their own Company and two others; and I locked up the Prison doores, and they gathered together about the Prison, and there came their Captain with his HalfePike, and Commanded me to open the doore; I told them, I would not open the doore: they told me, VVe have been Servants, but we will be Masters now; and if you will not open the doore, we will do your business for you by and by: They had Swords and Belts, and Halfe-Pikes, and they did push at me; And I came to a Parly with them when I saw there was no remedy; I let their Captain in, and when he could find none of his Company there he went away; but had it not been for the Company that stood without I would have kept him fast enough. Another VVitness Sworne. VVere any of these that stand at the Barr at Clerkenwell with a stick in his hand? Yes (my Lord) I saw Latimer there knocking at the Gate, and the Prison was broke open; and there came down Justice VVelsh to them to disperse them, but they let out two of their own Rabble, and two of the Felons. Nine of the Clock on Friday, I went to the Gate of the NewPrison, and there came and clapt a Bar in between the Gates to open them, and I saw Latimer throwing stones at the Windows. Justice Welsh being there, would have taken some of them, and they cried out, one die, and all die. I saw Bedle, and took him; their number was about four or five hundred; and I got out two Files of Men, and took four men more, whereof this Bedle was one of them. What do you say to this? This man hath a spight against me, (my Lord) for getting up behind the Coach, I let my Whip fall, and gave him a lash. But what sayes the other against you? what made you there? And Bedle, what do you say for your self. My Lord, I was in Southwark, and came from thence to Bishopsgate-street, and met with a Friend, and we drank four Flagons of Beer; so that I got a little too much drink in my head; and I stood and looked a while at the Prisoners in Bishopsgate, and my Uncle coming along, I went with him a little way, and then turned about and left him; and there was a man came and said, Brother, will you not go and see what they do in the Fields? and it was my hard fortune to be among them, but did not any hurt, blessed be God; but I followed them without doing any harm, and they went down Old street to Clerkenwell, but I did not break the Prison, nor do not know where the Prison is; for there was a Company made up to them, and they began to run. What did you say when they run away, did you not say, Face about? Your Lordship heard so, but I did not say face about. You Gentlemen of the Jury, you see what their Indictment is; They gathered a multitude together at Clerkenwell, and they had a Captain with a Half-Pike, that came to the Prison and forc'd open the door, and brought out two of their own crew, and two of the Felons, and they said they had been Servants before, but now would be Masters; and they cried out one die, and all die. And you have three Witnesses that swear that these two were there. Latimer especially, the Keeper, sayes he was forc'd to come to a parly with them, and took in their Captain, to give him satisfaction that there was none other there of their gang. Bedle sayes he was there but he was drunk, which is no sufficient excuse. Their Indictment read. Sir Philip speak what you know of these men. I delivered these men into the Constables hands. Did you not see a multitude of these people gathered together in a warlike way, if so, tell my Lord? There came some sober people, and told me that the tumult was greater then it was when my Lord Craven was there, and they did desire my assistance, and so I went into the Fields, and divided my men half on the one side, and half on the other, and the people looked upon us so contemptibly, that they told us we should quickly be unhorsed, therefore I charged my men not to let any man come within my Arms. Had they any Colours? They had a Sheet for their Colours, and when they saw my Horse they got into the Field, and stood as if they did not fear us, and I ordered some of my men to go and take him that had the Colours, and so our men did, and I called for a Constable, but there was no Constable to be found, and I thought my self to govern them, and to bring them into better order, at length this man came with his watch, and I delivered them into his hands, and I believe these are the men that I delivered to the Constable. Pray, Sir, look upon the Prisoners; and see if you know any of them. I cannot say that these were any of the persons that we did take, but there was a multitude of them gathered together, and we did desire them to go home, and they took up Brickbats in their hands, and said, They had as much to do there as we had. I took a Hanger from one of them my self, which is here in the Court. Tell my Lord what you heard this Rabble of people say. There came a Troop, and they thought it had been the Duke of Yorkes Troop, and they ran with Brickbats in their hands to them, and said, that if the King did not give them Liberty of Conscience, That May day must be a bloudy day. Another witness sworn. Speak what you know of these people. My Lord, they asked if the Duke of York were there, and answer was made, Yes, thinking they would have been satisfied and dispersed, but notwithstanding they came up to the Windmills and flung stones amongst us. My Lord, we did desire them by fair means, to disperse themselves and go home; they told me no, They would be with us ere long at VVhite-hall. My Lord, I was forc'd to make some resistance, but they flung stones very thick at us, saying, These Lifeguard Rogues are but a few, and because I commanded one of my Officers to seize on one of them, they cried, Knock down the Rogue. My Lord, I desired them to go home, their answer was, that we were Rogues and Dogs, and ere long they would come and pull VVhite-hall down, and their word was, Hey now or never. My Lord, I had these three at the Bar, but VVilde was none of them; pointing to the third. You say the other were. Yes. Pike and Gillington witnesses sworn. I did see this Cotton breaking down Burlingham's house. I can speak of the tall man Cotton, I will swear he was one of them. Sir Philip Howard saies he delivered Five to the Constable, and the Constable saies he does not know whether these be the persons or no, but it is the same thing if they were among those that did it. Yea, the thing is the same. You hear your Indictment is for High Treason, you are persons of the same Company, what do you say for your selves? We were not there. The Constable swears it. I cannot say, these were they, but two of them, Farrell is one. I was walking to Islington, and I did march a little way with them, but did nothing. Where were you taken. By Hollawell Lane, and I was all alone, and a Horseman rode after me, and asked me, if I were not one of them. All the Constable can say is this, There were men delivered to him from the Guard, and this man does not deny but that the Guard took him, but he did nothing, but many people are walking abroad in the Holidays; it is pity to take away a mans life without sufficient evidence. Farrell, what do you say? I was with my father and mother all the Holidays. Cotton, What say you? I came through Moorefields about noon, and I was taken by one of the Life-Guard. But you were pulling down a house. He was pulling down a House on Munday I was informed, and he was commonly among the Players at Pigeon-Holes, and after he had been pulling down a house, he was looking about to see what he could light of. As I have a Soul to save he Sweares falsly. Have a care what you say. You Gentlemen of the Jury here are five men more that are Indicted for the same disorder that the rest were, and we have now a little more discovery of their Rising, and we have discovered other Colours, for they thought the Duke of York had been in the Fields, and that enraged them the more, they taking Sir Philip Howard for the Duke of York; and when they did desire them to disperse themselves and go home, they said, They would not for such Rogues as the Kings Life-Guard were, but they would soon be at Whitehall; but you shall see what a Disguise is put upon it, If the King will not give us Liberty of Conscience, May-Day shall be a Bloody-day: This is Gentlemen to give us an Alarum, that we may not be too secure; And this must be punished as High-Treason, else we do destroy all. I think no body would have the Innocent to suffer: I had rather a Guilty Person should escape, then a Guiltless Person suffer. You hear the Constable cannot Swear that all those were the Men, and some others, because in such a Hurry a particular person cannot be known, except you know any of them by sight; I cannot see how you can find them Guilty, God forbid: You Gentlemen of the Jury, these three that were called last to the Barr stand Indicted as the others, for Levying Warr and Rebellion in Holbourn; you shall hear the Evidence, and if we make good the Evidence, you must find them guilty. My Lord, I found this Man at the head of a Party, and I took him, and committed him to the charge of a Company. Was he leading them on? Are you sure he was there? He will not deny that he was there, but he made no resistance at all: for we had three or four Companies ready to surprise them. My Lord, This was the first Man that laid hands to pull down my house. Mistris, was yours a Bawdy-house? No but they dragg'd me out of it. Was your House pull'd down? Yes: and all my Goods destroy'd, and Ten pounds in Gold taken out of my Wives Pocket. What can you say of Woodward? I cannot say he did take any thing out of the House that I know of. I do not ask you that; but did he go along with them, or had he a Staff in his hand? That John Richardson, (my Lord) is a Tapster; I heard him say he had made work for us, for he had helped to pull down a house. My Lord, on Saturday last at six of the Clock, I heard him in the red hair say, I have made work for you all. I do not know what he is. What do you say for your self? My Lord, I went up to see what the tumult was doing, for I lodg'd hard by; and when they had pull'd down the House, some run one way, and some another; and I was going to Westminster, and as I was walking up Holbourn, the rest of them were at my heels. That was because you was their Captain, and dragg'd the Woman out of the House that sayes she hath lost all she had. Woodward what what what say you? My Lord, Mr. Brooks gave me a black Pot to drink, and I staid no longer then the drinking of that. What do you say that Richardson pull'd down the Woman's House? My Lord, there was a Whore that clapp'd hands on me, and I wrung my self from her, and told her that her House should be pull'd down. Truly I see scarce an Apprentice among you all, and I am glad of it there is no more. I dog'd him home to his Master's house, but did not lay hold on him. I am very innocent of any thing of hurt that I did. Prove it. I was alone, How can I prove it. I was not all the Holidayes abroad. All Monday he was at home, and on Tuesday he was at home. It is impossible for him to be one of them, you might mistake. You Gentlemen of the Jury, in this case take notice; As for Woodward, they say he was there with a Stick in his hand: I would have you take notice that there is but one Witness, for the other you have his own braggs, if you will believe him that he pull'd down a House; you have no other; if you will believe him to be a bragging fool you may. And now for Limbericks Witness, he shall be heard. What do you know of the Prisoner at the Bar. This Man (my Lord) did lie in my House, and he did never stay after 9 or 10 of the Clock: He was at home every night betimes, and he did give me all his money to lay up, and he did earn 16 pence a day. What can you say? My Lord, I can say nothing but that he is a very honest man. John Sharpelisse, Prisoner at the Bar. His Inditement read. Gentlemen, he at the Bar stands indicted for High-Treason, and stirring up Rebellion in popular at the head of 500 persons, and pulling down Houses in Ratcliffe High-way, which we shall endeavour to prove. John Harding, Owen Maxum. Witnesses call'd, but came not in against the Prisoner. Gentlemen of the Jury, you know for matter of fact you are Judges: if you are not satisfied in the Evidence, then you cannot find them guilty. Consider who those persons are where the Evidences have not given sufficient satisfaction. THe Jewry being dismiss'd to consider of their Verdict, after a short stay they return'd, and found that as to Messenger, Appletree, Beasley and Greene, that according to the time in the Indictment mentioned, they were met together in a riotous manner in East Smithfield in Middlesex, and about Moor-Fields, under colour to pull down the Bawdy-houses. That their Captain was Beasley, who led them on with his Sword drawn, and that they had their Ensign carried by Messenger, which was an Apron carried upon a Pole, and so they marched with their Conductor. That they resisted the Constable who charged them in the Kings Name to keep the Peace, and struck him, and took away his Staff, and that these several persons were abetters in that tumult. And as to Bedle and Latimer, they found that a great number of people were met together armed with Swords, Clubs and Staves, &c. at ClerkenwellGreen to break New-Prison there, and had their Commander who had a Pike in his hand, and came to New-Prison, and released the Prisoners, some whereof were committed for Felony; and that when they were commanded to be gone, they cried out that they had been Servants, but now they would be Masters, and that these persons were seen acting in the tumult and there taken. As for Cotton they found, that the riotous persons were met together upon the 24th of March with a great number of people armed with their swords, and such like warlike weapons, for pulling down of Bawdy-houses, that when Sir Philip Howard with the Kings Guards came up to them, and commanded them to depart, they refused, and when it was given out that Sir Philip Howard was the Duke of York, thinking thereby they would be appeased, they were enraged the more, and declared, that if the King would not give them Liberty of Conscience, they would make May day a bloudy May day, threatning to pull down White-hall, and very contemptuously sleighted the Kings Guards, because they were but a small number, and this Cotton was proved to be one of them in the Action, and all along acting in the Riot. And further, as to Limberick, he was met, with the same Pretence of pulling down of Bawdy-houses, being armed as the rest were, and was owned by the Rabble to be the Captain of their Company: that he with his Companions pulled down the House of Peter Burlingham, and stole his Goods; The rest were found Not-Guilty. The Jury having thus found it specially, My Lord Chief Justice commanded the Prisoners again to the Bar, to whom he spoke to this effect, That we all now see what great cause we have to bless God, that we live under so merciful a Prince, and so good a Law as we now find we do live under; and that not only one Prince hath been so merciful, but such have been the gratiousness of other former Kings of England, that we shall rarely find any severity used in the execution of penal Statutes, where any fair means (which constantly hath been used,) could have any effect at all, That our Justice is not privately, but publickly administred in the sight of all people, like a Beacon that gives warning to all; so that all might take notice thereof, and avoid the like danger that others have fallen into. That the Prisoners more especially ought to bless God, and seriously to reflect within themselves this great mercifulness of our King and Law: for hereby they see, they have not been served so as they have served others (for then upon the very apprehending of them they might have received their execution) but contrariwise, they have had a fair Trial, not by strangers, but by their own Country and Neighbours, having had the liberty to speak what they could for themselves, and Witnesses for them, so that if it were possible all might have been found innocent, and heartily wished all could have been so found, and that some, blessed be God, are not found guilty, and to them he hoped this would be a sufficient warning, &c. Now as to all these Eight, against whom the Verdict was specially found, the Court took further time (because they would advise thereof before they would give their judgment whether High-Treason or no, it being declared by my Lord Chief-Justice to be matter of Law; and in the mean time these persons are to remain in safe Custody in His Majesties Goal at Newgate. And for the other Six, viz. The Jury found them not guilty, and so acquitted them of the offence whereof they stood charged, who after several Admonitions by the Court for their future good behaviour, they were discharged. "
"THE TRYALS Of Such Persons as under the Notion of LONDON--APPRENTICES Assembled in Moore-Fields and other Places on EasterHoly-dayes last, under Colour of Pulling-Down Bawdy-Houses."
"The tryals of such persons as under the motion of London-apprentices were tumultuously assembled [...]"
"SIr William Courten late of London Merchant, Endimion Porter, Esquire, John Weddal, Nathaniel Mountney, George Townesend, Thomas Kynnaston, Merchants, and divers others Participants with them, set forth severall great Shipps, laden with money and Marchandizes, for the Coast of India, China & Japan the Years 1636. 1637. & following Years, for trading voyages persuant to their letters Patents under the great Seal of England. After the death of Sir William Courten, William Courten his Son and Heir, and the surviving Partners, set forth the said Ships Bona Esperanza & Henry Bonadventura (inter alia ) in the Year 1641. for supply of their Factories, and to bring home their Effects from India and Parts adjacent. Afterwards William Courten being indebted to divers Persons, in severall great sommes of Money, amounting unto 100000. Pounds and upwards, for which Sir Edward Littleton, his Brother in law, stood obliged; The said William Courten did by his indenture and Bill of sale dated the 26. day of April 1642. graunt and assign all his Interest and share of stock in the said Ships and Factories in India to Sir Edward Littleton, for his indemptnity from the said debts, provided the surplus should be returned to the said Courten. Afterwards William Courten and Sir Edward Littleton, reciting the first Bill of sale and a great debt of 24800 Pounds due to Sir Paul Pindar, they graunt and assign unto Sir Paul all their Interest and share of stock, in the Ships Bona Esperanza and Henry Bonadventura with all Freights, and proceeds by a tripartite Indenture and Bill of Sale dated the 19. of December 1642. Provided that the surplus should be applyed towards the discharge of Sir Edward Littleton's engagements. On the 25. of June in the Year 1643, the said Ship Bona Esperanza with her lading, was taken in an hostile manner in the Streights of Mallacca, in her passage from Goa towards Maccao in China, by two Ships of Warr called the Vendilo and Portogallo, commanded by Captain Vermeerren and Captain Geeland (and the Lieutenant of the Fort at Mallacca) belonging to the East-India Company of the Netherlands, under a pretence that Mr. Courten and his Partners, traded with the Portugalls their Ennemies, notwithstanding there was a Truce made between the King of Portugall, and the States Generall, for ten Years in all parts parrs of the rhe Indies and Europe, which was concluded at the Hague on the 12. of June 1641. by Don Tristao de Mendoca Furtado, Embassadour from Don Iuan King of Portugall. In the same Year 1643. the Officers of the said East-India Company toke the Ship Henry Bonadventura with her lading into their possession, near the Island Mauritius, and converted both the Ships and Goods to their own use, to the loss and dammage of Mr. Courten and his Assigns, and the rest of the Partners, the summe of 85000 Pound Sterling, as by the proofs taken in the High Court of Admirallity in England appears. On the 5. of September 1644, the Proprietors having addressed themselves to the High Court of Admirallity, and procured an Admonition to be given unto Monsr. Albertus Ioachimy, the States Embassadour then resident in England, Intimating that they intended to examine Witnesses, in perpetuam rei memoriam , concerning the spoyls and dammages of the said Ships and lading; Which Admonition was also affixed upon one of the Pillars of the Royall Exchange, where it remayned eight dayes publickly, to the end that the East-India Company of the Netherlands, or any Person for them, might retain a Proctor to cross examine any of the said Witnesses if they pleased. In the Year 1647. Sir Paul Pindar makes a Procuration Ptocuration or Letter of attorney to Jonas Abeels of Amsterdam Merchant, dated the 11. of February 1647/8. old Stile, and also sent him an authentick Copie of the said tripartite indenture, attested by Iosua Maniet of London Publicq Notary. In the Year following William Courten being insolvent by reason of other losses, absented himself and went privately to the Hague to Mr. Iacob Pergens, who was not ignorant of the Premises in every circumstance, having received the particulars of the dammages amounting unto 85000. Pound, yet nevertheless to imbroil the Subjects of both Nations, he perswaded Mr. Courten to make another Bill of sale dated the 22. of February 1647/8. reciting therein that Mr. Courten being indebted to the said Mr. Pergens in severall summes of monie, he graunted and assigned all his right and interest in the said Ships and lading to him the said Pergens, Provided that Pergens should pay the surplus over and above his pretended debt to such person and persons lawfully clayming under Courten, which bill of sale was signed by William Courten and Iacob Pergens, and attested by Dominique Coulyn, David Goubard, and Salomon van der Heyde Publicq Notary in the Hague. In the moneth of May following Gerrit Coren Publicq Notary at Amsterdam by order of Ionas Abeels, insinuated his Procuration from Sir Paul Pindar and the Originall bill of sale from William Courten and Sir Edward Littleton, to the Directors of the East India Company, interdicting their payment of any monie for Courtens share and stock in the Shipps and lading aforesaid to any person or persons whatsoever, but unto the said Ionas Abeels in right of Sir Paul Pindar, protesting ptotesting that if they did otherwise it should be no discharge unto them; which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of Ian Iansen and Adrian Nys witnesses thereunto. In the Moneth of October following, Ionas Abeels caused to be arrested in the hands of the said East India Company alle such summes of mony as should be found due from the said Company concerning the said two Shipps and their lading, that out of the said monies Sir Paul Pindar share and proportion should be paid in the first place to him the said Ionas Abeels in his quallity; which Arrest was made the first of October 1648. by Goosen Daniels Bode or Messenger; And a second Arrest was made by Willem Iansen Bode or Messenger, in November following both which the Court declared to be valid. Notwithstanding all these Admonitions and proceedings the Directors of the East India Company at their Chamber in Middelburgh Middelbutgh on the 18. of September 1649. made an underhand agreement with the said Iacob Pergens for 85000. gilders upon Caution given by the said Iacob Pergens and Peter Boudaen Courten of Middelburgh Marchant to save the said Company harmeles and indempnified from Sir Paul Pindar and others concerning the said Monie or any after claymes. Ionas Abeels on the 17. of May 1650. understanding of the underhand agreement at Middelburgh, summons the Directors of th' East India Company before the Magistrates of Amsterdam, and declares against them that they should be condemned to pay the 85000. gilders to him in right of Sir Paul Pindar with dammages for the same untill effectuall payment. Then the Directors of th' East India Company summoned Iacob Pergens, and Peter Boudaen Courten on the 13. of September 1650. to indempnify them from Sr. Paul Pindar for the said money, and free them of all Costs accordingly, as by the Acts of the Court appears. In the same Year 1650. Sir Paul Pindar dyed, and soon after Ionas Abeels dyed also. So the right of Action remained in statu quo . In the Year 1654. William Toomes, Executor of Sir Paul Pindar, and severall of the Proprietors and Adventurors, exhibited their claym for the Originall loss and Dammages of 85000 Pound Sterling, before the English and Dutch Commissioners at London, appointed by the Treaty made between Oliver Cromwel and the States Generall, which by a provisoe in the said Treaty was referred to the Protestant Cantons of Switserland, if the said Commissioners did not compose the same within three moneths. Afterwards the Proprietors and Adventurors applyed themselves to Mr. Secretary Thurloe, for a Commission to be directed to the Protestant Cantons, who answered that most of the Proprietors being Delinquents by Act of Parlement, for adhering to the late King, and soe they had forfeited their Estates, they could not expect any protection from his Highness Oliver Cromwel, therefore perswaded them to desist from any further Prosecution pro tempore . In the Year 1660. upon His Majesty's most happy restauration, severall of the Proprietors and Adventurors on the behalf of themselves, and the rest of the Interessed made their address to Sir Edward Nicholas, Principall Secretary of State, to move His Majesty to recommend their case concerning the Ships Bona Esperanza and Henry Bonadvantura to the States Generall for satisfaction and reparation. Whereupon Sir Edward Nicholas having informed the King the true state of the case, and also intimated to His Majesty what great services and sufferings Sir William Courten and Sir Paul Pindar had undergone for the Crown of England, both in the time of King Iames and the late King, as also of the particular sufferings of Sir Edward Littleton, and severall of the other Proprietors, His Majesty was gratiously pleased to direct his Letter under his sign Manuall to the States Generall, signifying that the said spoils and dammages being committed against the Laws of common Amity, upon his Subjects who had merited so much from the Crown, he Earnestly required the States Generall to make satisfaction to the Persons interessed and injured, according to the proofs made in his high Court of Admirallity, signifying also that he was obliged in Justice and Honour to see it effected accordingly. In persuance of which Letter and severall Orders of the Councell-Table for Instructions to Sir George Downing, who was then Envoyé Extraordinary for His Majesty at the Hague, divers Memorialls, Answers and Replyes passed between him and the States Generall in the Year 1662. concerning the said spoils and Dammages of those Ships Bona Esperanza and Henry Bonadventura, wherein the States Generall denyed not the matter of fact, but would have Evaded any other satisfaction to the proprietors and Participants, then what the East India Company by Combination had given to Iacob Pergens upon his fraudulent practise as aforesaid. In that Year 1662. the States Generall having instructed Mr. Simon van Hoorn and Mr. Michiel van Gogh their Ambassadours in England, to get the said spoiles and depredations concerning the said Shipps to be mortified and Extinguished in the Treaty then depending at Whitehall, his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as aforesaid. Where upon there was a particular Exception in the 15. Article of the said Treaty, concluded at Whitehall the 4. of September 1662. that the Dammages concerning those two Shipps Bona Esperanza and Henry Bonadventura should not be comprehended in the Extinguishment and mortification of former losses and Injuries in the East Indies, but reserved for reparation according to tot his Majesties Letters of Recommendation as aforesaid, and Expressed in these words poterint litem inceptam prosequi &c. which agreement was also attested under the Hands and Seales of the late Duke of Albermarle, the Earle of Manchester, the Lord Hollis, the Lord Bartlet, Sir George Carteret, Sir Edward Nicholas and Sir William Morice, Commissioners that Treated with the States Embassadours. In the Year following Sir George Downing in persuance of the said Treaty, held a Conference with the Pentionaris Iohn de Wit and the Deputies of the States Generall, in the presence of Mr. Peter van Dam, and two of the Directors of the East India Company in the Chamber of the States Generall to adjust the said Dammages, But in stead therof the Company made severall impertinent interpretations upon the Law of England in the Case of Sir Paul Pindar and Sir Edward Littleton; Notwithstanding the said Company had the Opinions by them under the hands of Sir Iohn Iohnn Glynn, Sir Iohn Maynard, Sir Edward Turnor and Master Serjeant Baldwynn, affirming that William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar, which made them absolute proprietors by the Law of England. Only there was a possibillity left in Courten to call them to Accompt after their debt should be paid, which opinions were also confirmed by Sir Giles Sweit, Sir William Turner, Sir VValter VValker, and Sir Tymothy Baldwyn, Doctors of the Civill Laws, and delivered to Mr. Peter van Dam the Advocate of the East India Company. Then Iohn de VVit offred 30000. pound sterling. upon Accompt of all the Proprietors and persons interessed, reserving the Civil right of Action against Iacob Pergens and Peter Boudaen Courten, for the 85000. gilders paid upon their caution as aforesaid, which offer was not satisfactory, so the Generall dispute remayned also in statu quo . Afterwards Sir George Downing did by his last Memoriall upon that subject, dated the 24. of October 1664. give the States Generall a peremptory day to make of that business, intimating therein how ill the King resented it to be so slighted, and that his Majestie would not prostitute his Honour any further but Governe himselfe accordingly, yet all proved ineffectuall. Then the Proprietors with others addressed themselves with a list of Dammages to the House of Commons in Parliament, the Bona Esperanza and Henry Bonadventura being placed in the front of all demands; whereupon the Commons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation, and soone after a declaration for Generall Reprisalls was ordered by the King and Councell against the States Generall and their Subjects, whereupon severall millions of pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof. In the Year following the Earle of Shrewsbury, Sir Iohn VVolstenholme, Sir Iohn Ayton, George Carew and VVilliam Floyd Esquires, and others Interessed, made application to his Majestie by petition for Espetiall Letters of Reprisall to remaine in force against the States Generall and their Subjects, untill the Originall losse and dammages should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall, and severall other Doctors of the Civill Law, to Examine the whole matter and to reporte their opinion what was fitt for his Majestie to do further for his Subjects reliefe in that Case. After severall Consultations and debates had betweene the said referrees Concerning the premises, Doctor Exton then Judge of the Admirallity Court, Sir Robert VViseman, Sir VVilliam Turner, and Sir Timothy Baldwyn, made their report to his Majestie, that in this case of spoiles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects, untill the debt and Dammages (wich they found upon proofes to arise unto the summe of 151612. pound sterling) should be recovered with Costs, or a Composition made for the same betweene the East India Company of the Netherlands and the parties Interessed, whereof the said Company were obliged by the Law of Nations to take notice of. In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor, and Mr. George Carew (Administrator of Sir Paul Pindar) their Executors Administrators and Assignes on behalfe of them selves and all the Interessed to continue in force accordingly, with this Especiall clause and Provisoe therein contained, that notwithstanding it should happen that a peace and agreement should be made betweene his Majestie and the States Generall for the Generall Reprisalls, yet it should be lawfull for the said Turnor and Carew and their Executors and Assignes, to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all Incident Charges, or that the East India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same. In the Year 1666. Mr. Iames Boevé delivered a Copie of the said Letters Pattents to Mr. Peter van Dam, at the East India Chamber at Amsterdam, and requested him to move the said Company to compose the said debt and Dammages in an Amicable way rather then to leave it in dispute from Generation to Generation, to the prejudice of the States Generall and their Subjects. In the Year 1667. during the Treaty at Breda, the States Generall having suprized the Kings Shipps at Chattam, severall of the Proprietors freinds in the Hague moved the Pentionaris Iohn de Wit, to incite the States of Holland and the East India Company to te give some Honorable satisfaction for the Shipps Bona Esperanza and Henry Bonadventura (which had bin so solemnely debated in former Treaties) being more for the Interest of their Country then to insist upon such scandalous Articles as they had framed and sent to Breda concerning the said Dammages, which could not extinguish the debt or make void the Letters Patents, to Turnor and Carew any more then to disannull the 35. Article of the States Patent to the East India Company of the Netherlands, whereby they make peace and Warre with all Princes and States whatsoever at their pleasure from the Cape Bon Esperanza to the Streights of Magelanus, yet Iohn de Wit and his Complices persisted in their projects, and would not hearken to any other advice. In the Year 1671. the States Generall having made severall Breaches of the Treaty at Breda, and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland, severall of the proprietors and Interessed Persons in the said debt and Dammages, made fresh applications to his Majestie by petition, and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes, and Espetially for the debt of 151612. pounds ascertained under the Greate Seale of England as aforesaid, which said petition was by order of Councell referred to the Lords Commissioners of the Treasury and the two principall Secretaries of State, who made a report to his Majestie, that the States Generall having bin refractory in severall Articles of the Treaty at Breda, his Majestie and his Subjects were at libertie both in justice and Equity to require full satisfaction and reparation in Mr. Courtens Case, notwithstanding the said Treaty at Breda. In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with Dammages by his Letter under his signe Manuall sent by the said George Carew to his Grace George Duke of Buckingham, and the Right Honorable Henry Earle of Arlington, his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht, commanding the said Plenipotentiaries to insist upon satisfaction accordingly; declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery thereof. But the said Treaty taking no effect, the said Plenipotentiaries removed from Uytrecht before Mr. Carew arrived at Amsterdam. Then Mr. Carew returning for England in Company with Mr. John Sherland the Fiscall Generall by order of the States of Holland Committed them both to Prison on the 6/16. of August 1672. as Criminalls upon pretence they were Ennemies to the Country, and Charged Mr. Carew as a seditious person in seeking after Justice in the premises, and detayned them both close prisoners in the gevangen port, where they tbey are subject to many affronts and reproaches upon every encounter and Alarum in the Countrey, and also obstructed in the Just prosecution of the debt and Dammages aforesaid, which is by an Especiall order of the Councell board dated at Whitehall the 2. of May 1673. recommended to the Lords Embassadours Extraordinary and Plenipotentiaries at Cologne, intimating therein that the case of the Adventurors and Creditors of Sir William Courten being already fully stated should be first insisted upon in the list of all Complaints, wherefore the Letters Patents were exemplified and sent to Cologne accordingly, a true Copie thereof here after followes. "
"The Continuation of the case between Sir William Courten, his Heyrs and Assigns, and the East-India Company of the Netherlands, concerning the Ships Bona Esperanza and Henry Bonadventura. With some Considerations and Objections answered."
"The Continuation of the Case between Sir William Courten, his heyres and assignes, and the East India Company of the Netherlands [...]"
"MY old Client! a good morning to you, whither so fast? you seem intent upon some important affair? Worthy Sir! I am glad to see you thus opportunely, there being scarce any person that I could at this time rather have wisht to meet with. I shall esteem my self happy, if in any thing I can serve you. The business I pray? I am summon'd to appear upon a Jury, and was just going to try if I could get off. Now I doubt not but you can put me into the best way to obtain that favour. 'Tis probable I could. But first let me know the reasons why you desire to decline that service. You know, Sir, there is something of trouble and loss of time in it; and mens Lives, Liberties, and Estates (which depend upon a Jury's Guilty, or Not guilty, for the Plaintiff, or for the Defendant) are weighty things. I would not wrong my Conscience for a world, nor be accessary to any mans ruin. There are others better skill'd in such matters. I have ever so loved peace, that I have forborn going to Law, (as you well know many times) though it hath been much to my loss. I commend your tenderness and modesty; yet must tell you, these are but general and weak excuses. As for your time and trouble, 'tis not much; and however, can it be better spent than in doing justice, and serving your Country? To withdraw your self in such cases, is a kind of Sacriledg, a robbing of the publick of those duties which you justly owe it; the more peaceable man you have been, the more fit you are. For the office of a Jury-man is, conscientiously to judg his neighbour; and needs no more Law than is easily learnt to direct him therein. I look upon you therefore as a man wellqualified with estate, discretion, and integrity; and if all such as you, should use private means to avoid it, how would the King and Country be honestly served? At that rate we should have none but Fools or Knaves intrusted in this grand concern, on which (as you well observe) the Lives, Liberties, and Estates of all Englishmen depend. Your Tenderness not be accessary to any mans being wrong'd or ruin'd, is (as I said) much to be commended. But may you not incur it unawares, by seeking thus to avoid it? Pilate was not innocent because he washt his hands, and said, He would have nothing to do with the blood of that just one. There are faults of Omission as well as Commission. When you are legally call'd to try such a cause, if you shall shuffle out your self, and thereby persons perhaps less conscientious happen to be made use of, and so a Villain escapes justice, or an innocent man is ruined by a prepossest or negligent Verdict; can you think your self in such a case wholly blameless? Qui non prohibet cum potest, jubet: He abets evil, that prevents it not when he may. Nec caret scrupulo societatis occultæ qui evidenter facinori defenit obviare: He deserves not to be free from the suspition of a close society, or underhand conspiracy in the mischief of subverting the fundamental Laws and Liberties of the Nation, who ceases to obviate and oppose it. Truly I think a man is bound to do all the good he can, especially when he is lawfully call'd to it. But there sometimes happen nice cases, wherein it may be difficult to discharge ones conscience without incurring the displeasure of the Court, and thence trouble and damage may arise. That is but a vain and needless fear. For as the Jurors priviledges (and every English-mans in and by them) are very considerable; So the Laws have no less providently guarded them against Invasion or Usurpation. So that there needs no more than first understanding to know your duty, and in the next place courage and resolution to practise it with impartiality and integrity, free from accursed bribery and malice, or (what is full out as bad in the end) base and servile fear. I am satisfied, that as 'tis for the advantage and honour of the publick, that men of understanding, substance, and honesty should be employ'd to serve on Juries, that justice and right may fairly be administred; So 'tis their own interest when called thereunto, readily to bestow their attendance and service, to prevent ill presidents from men otherwise qualified; which may by degrees fatally, though insensibly, undermine our just Birth-rights, and perhaps fall heavy one day upon us, or our posterity. But for my own part, I am fearful lest I should suffer through my ignorance of the duty and office of a Juryman, and therefore on that account principally it is, that I desire to be excused in my appearance, which if I understood but so well as I hope many others do, I would with all my heart attend the service. You speak honestly, and like an Englishman. But if that be all your cause of scruple, it may soon be removed, if you will but your self a very little trouble of inquiry into the necessary provisions of the Law of Engl. relating to this matter. There is nothing (of a temporal concern) that I would more gladly be inform'd in, because I am satisfied, 'tis very expedient to be generally known. And first I would learn how long trials by Juries have been used in this Nation? Even time out of mind; so long, that our best Historians cannot date the Original of the Institution, being indeed cotemporary with the Nation it self, or in use as soon as the people were reduced to any form of Civil Government, and administration of Justice. Nor have the several Conquests or Revolutions, the mixtures of Foreigners, or the mutual feuds of the Natives, at any time been able to suppress or overthrow it. For, Amongst the Britains. 1. That Juries (the thing in effect and substance, though perhaps not just the number of Twelve men) were in use amongst the Britains the first Inhabitants of this Island, appears by the Ancient Monuments and Writings of that Nation, attesting that their Free holders had always a share in all Tryals and determinations of differences. Amongst the Saxons. Lamb. p. 218. Cook 1. par. Institutes, fol. 155. 2. Most certain it is, that they were practised by the Saxons, and were then the only Courts, or at least an essential, and the greater part of all Courts of Judicature: For so (to omit a multitude of other Instances) we find in King Ethelreds Laws, In singulis Centuriis, &c. In every Hundred let there be a Court, and let Twelve ancient Free-men, together with the Lord, or rather according to the Saxon, the Greve, i.e. the chief Officer amongst them, be sworn, That they will not condemn any person that is Innocent, nor acquit any one that is guilty. Continued by the Normans. See Spelmans Glossar. in the word Jurata. 3. When the Normans came in, William, though commonly called the Conquerour, was so far from abrogating this Priviledg of Juries, That in the 4th year of his Reign, he confirmed all King Edward the Confessors Laws, and the ancient Customs of the Kingdom (whereof this was an essential and most material part). Nay, he made use of a Jury chosen in every County, to report and certifie on their Oaths what those Laws and Customs were; as appears in the Proem of such his Confirmation. Confirmed by Magna Charta. 4. Afterwards when the Great Charter, commonly called Magna Charta, (which is nothing else than a recital, confirmation and corroboration of our Ancient English Liberties) was made and put under the Great Seal of England in the 9th year of King Henry the 3d (which was Anno Domini 1225.) Then was this Priviledg of Tryals by Juries in an especial manner confirmed and establisht, as in the 14th Chapter, That no Amercements shall be assessed, but by the Oath of good and honest men of the Vicinage. And more fully in that Golden Nine and twentieth Chapter No Freeman shall be taken, or imprisoned, nor be disseized of his Freehold or Liberties, or free customs, or be out-law'd, or exil'd, or any other way destroyed, nor shall we pass upon him, or condemn him, but by the lawful judgment of his Peers, &c. Which Grand Charter having been confirmed by above thirty Acts of Parliament, the said right of Juries thereby, and by constant usage, and common custom of England, which is the common Law, is brought down to us as our undoubted Birth-right, and the best inheritance of every English man. For as that famous Lawyer Chief Justice Cook in the words of Cicero, excellently avers, Major Hereditas venit unicuique nostrum a jure & legibus quam a parentibus 2. Institutes, fol. 36. 'Tis a greater inheritance, and more to be valued, which we derive from the fundamental constitution and Laws of our Country, than that which comes to us from our respective Parents. For without the former, we have no claim to the latter. But has this method of Trial never been attempted to be invaded or justled out of practice? 'Tis but rarely that any have arrived to so great a confidence: For 'tis a most dangerous thing to shake or alter any of the rules or fundamental points of the common Law, which in truth are the main pillars and supporters of the fabrick of the Commonwealth. These are Judg Cooks words. 2. Institutes, pag. 74. Yet sometimes it has been endeavoured. But so sacred and valuable was the Institution in the eyes of our Ancestors, and so tenacious were they of their Priviledges, and zealous to maintain and preserve such a vital part of their Birth-right and Freedom, that no such attempts could ever prove effectual, but always ended with shame and severe punishment of the rash undertakers. For example, 1. Andrew Horn an eminent Lawyer, in his Book Entituled, The Mirrour of Justices, (written in the Reign of K. Edw. I. now near 400 years ago) in the fifth Chapter, and first Section, records, That the renowned Saxon King Alfred caused four and forty Justices to be hang'd in one year as murtherers, for their false Judgments. And there recites their particular Crimes, most of them being in one kind or other Infringements, Violations and Encroachments of and upon the Rights and Priviledges of Juries; amongst the rest, that worthy Author tells us, he hanged one Justice Cadwine, because he judged one Hackwy to death without the consent of all the Jurors; for whereas he stood upon his Jury of twelve men, because three of them would have saved him, this Cadwine removed those three, and put others in their room, on the Jury, against the said Hackwy's consent. Where we may observe, that though at last twelve men did give a Verdict against him, yet those so put upon him, were not accounted his Jurors; by reason all, or any of them, who were first sworn to try him, could not (by Law) be removed, and others put in their stead. And that such illegal alteration was then adjudged a Capital Crime, and forthwith the said Cadwine was Hang'd. 2. A second instance I shall give you in the words of the Lord Chief Justice Cook. Cook 2. part of Institutes, fol. 51. "Against this ancient and fundamental Law (and in the face thereof) there was in the 11. year of King Henry 7. cap. 3. an Act of Parliament obtained (on fair pretences, and a specious preamble, as to avoid divers mischiefs, &c.) whereby it was Ordain'd, That from thenceforth, as well Justices of Assize, as Justices of the Peace, upon a bare Information for the King before them made, without any finding or presentment by the Verdict of Twelve men should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the Form, Ordinance, or effect of any statute made and not repealed, &c. "By colour of which Act (saith Cook) shaking this Fundamental Law (it means, touching all Trials to be by Juries) it is not credible what HORRIBLE OPPRESSIONS and EXACTIONS, to the undoing of MULTITUDES of people, were committed by Sir Richard Empson Knight, and Edmund Dudley, Esq; (being Justices of the Peace) throughout England, and upon this unjust and injurious Act (as commonly in like cases it falleth out) a new Office was erected, and they made Masters of the Kings Forfeitures. But not only this Statute was justly soon after the decease of Hen. 7 repealed by the Statute of the 1 Hen. 8. cap. 6. but also the said Empson and Dudley (notwithstanding they had such an Act to back them, yet it being against Magna Charta, and consequently void) were fairly executed for their pains; and several of their under agents, as Promoters, Informers, and the like, severely punisht, for a warning to all others that shall dare (on any pretence whatsoever) infringe our English Liberties. See Sir Rich. Bakers Chron. p. 273. For so the Lord 4. part Instit. fol. 41. Cook having (elsewhere) with detestation mentioned their story, pathetically concludes, Qui eorum vestigiis insistant, exitus perhorrescant: Let all those who shall presume to tread their steps, tremble at their dreadful end. Other Instances of a latter date might be given, but I suppose these may suffice. Yes surely; and by what you have discoursed of the long continued use of Juries, and the zealous regards our Ancestors had, not to part with them; I perceive that they were esteemed a special priviledg. Be pleased therefore to acquaint me wherein the excellency and advantages to the people by that method of trial above others, may consist? This question shews you have not been much conversant abroad, to observe the miserable condition of the poor people in most other Nations, where they are either wholly subject to the despotick arbitrary lusts of their Rulers; or at best under such Laws as render their Lives, Liberties, and Estates, liable to be disposed of at the discretion of strangers appointed their Judges, most times mercinary, and Creatures of Prerogative; sometimes malicious and oppressive, and often partial and corrupt. Or suppose them never so just and upright yet still has the Subject no security against the attacks of unconscionable Witnesses; yea, when there is no sufficient Evidence, upon bare suspicions they are obnoxious to the Tortures of the Rack, which often make an innocent man confess himself guilty, meerly to get out of present pain. Is it not then an inestimable happiness to be born and live under such a mild and righteous Constitution wherein all these mischiefs (as far as humane prudence can provide) are prevented; where none can be condemn'd, either by the power of superior enemies, or the rashness or ill will of any Judg, nor by the bold Affirmations of any profligate evidence; But no less than Twelve, honest, substantial, impartial men, his neighbours (who consequently cannot be presumed to be unacquainted either with the matters charged, the Prisoner's course of life, or the credit of the Evidence) must first be fully satisfied in their Consciences, that he is guilty, and so all unanimously pronounce him upon their Oaths. Are not these, think you very material priviledges? Yes certainly, though I never so well consider'd them before. But now I plainly see our forefathers had, and we still have all the reason in the world to be zealous for the maintenance and preservation thereof from subversion or encroachments, and to transmit them intire to posterity. For if once this bank be broken down or neglected, an ocean of oppression, and the ruins of infinite numbers of people, (as in Empson and Dudley's days) may easily follow, when on any pretence they may be made Criminals, and then fined in vast sums, with pretext to enrich the Kings Coffers, but indeed to feed those insatiate Vultures that promote such unreasonable Prosecutions. But since you have taught me so much of the antiquity and excellency of Juries, I cannot but crave the continuance of your favour to acquaint me somewhat more particularly of their office and power by Law. The Office and power of Juries. I shall gladly comply with so reasonable and just a request. A Jury of twelve men are by our Laws the only proper Judges of the matter in issue before them. See Cook, 4th part of Instit. fol. 84. As for instance, 1. That Testimony which is delivered to induce a Jury to believe, or not to believe the matter of Fact in issue, is called in Law EVIDENCE, because thereby the Jury may out of many matters of Fact, Evidere veritatem , that is, see clearly the truth, of which they are proper Judges. 2. When any matter is sworn, Deed read, or offered whether it shall be believed or not, or whether it be true or false in point of Fact, the Jurors are proper Judges. 3. Whether such an act was done in such or such a manner, or to such or such an intent, the Jurors are Judges. For the Court is not Judg of these matters, which are evidence to prove or disprove the thing in issue. And therefore the Witnesses are always ordered to direct their speech to the Jury, they being the proper Judges of their Testimony. And in all Pleas of the Crown (or matters Criminal) the Prisoner is said, to put himself for trial upon his Country, which is explained, and referred by the Clerk of the Court, to be meant of the Jury, saying to them, Which Country you are. Well then, what is the part of the Kings Justices, or the Court? what are they to take cognizance of, or do, in the Trials of mens Lives, Liberties, and Properties? Their office in general is to do equal justice and right: particularly, 1. To see that the Jury be regularly return'd and duly sworn. 2. To see that the Prisoner (in cases where 'tis permittable) be allowed his lawful challenges. 3. To advise by Law, whether such matter may be given in evidence or not, such a writing read or not, or such a man admitted to be a witness, &c. 4. Because by their learning and experience they are presum'd to be best qualified to ask pertinent questions, and in the most perspicuous manner soonest to sift out truth from amongst the tedious impertinent Circumstances and Tautologies; they therefore commonly examine the Witnesses in the Court, yet not excluding the Jury, who of right may, and where they see cause, ought to ask them any necessary questions, which undoubtedly they may lawfully do with modesty and discretion, without begging any leave. For if asking leave be necessary, it implies in the Court a right when they lift to deny it; and how then shall the Jury know the truth? And since we see that Council, who too often ( Pudet hæc opprobria nobis ) for their fees strive only to baffle Witnesses, and stifle Truth, take upon them daily to interrogate the evidence, 'tis absurd to think that the Jurors should not have the same priviledg, who are upon their Oaths, and proper Judges of the matter. 5. As a discreet and lawful Assistant to the Jury, they do often recapitulate and sum up the heads of the Evidence; but the Jurors are still to consider whether it be done truly, fully and impartially, (for one mans memory may sooner fail than Twelve's.) Vaughan's Reports in Bushell's Case. fol. 144. He may likewise state the Law to them, that is, deliver his opinion where the case is difficult, or they desire it. But since Ex facto jus oritur , all matter of Law arises out of matter of Fact, so that till the Fact is setled there is no room for Law, therefore all such discourses of a Judg to a Jury are or ought to be Hypothetical, not coercive; conditional, and not positive; viz. If you find the fact thus or thus, (still leaving the Jury at liberty to find as they see cause) then you are to find for the Plaintiff. But if you find the Fact thus or thus, then you are to find for the Defendant, or the like, Guilty, or not guilty, in cases Criminal. Lastly, They are to take the Verdict of the Jury, and thereupon to give judgment according to Law. For the office of a Judg (as Cook well observes) is jus dicere , not jus dare ; not to make any Laws by strains of wit, or forced Interpretations; but plainly and impartially to declare the Law already establisht. Nor can they refuse to accept the Juries Verdict when agreed: For if they should, and force the Jury to return, and any of them should miscarry for want of modation it would undoubtedly be murder; and in such case the Jury may without crime force their liberty, because they are illegally confined, having given in their Verdict, and thereby honestly discharged their office, and are not to be starv'd for any mans pleasure. But I have been told, That a Jury is only Judg of naked matter of fact, and are not at all to take upon them to meddle with, or regard matter of Law, but leave it wholly to the Court. 'Tis most true, Jurors are Judges of matters of Fact, that is their proper Province, their chief business; but yet not excluding the consideration of matter of Law, as it arises out of, or is complicated with, and influences the Fact. For to say, they are not at all to meddle with, or have respect to Law in giving their Verdicts, is not only a false position, and contradicted by every days experience; but also a very dangerous and pernicious one, tending to defeat the principal end of the Institution of Juries, and so subtilly to undermine that which was too strong to be batter'd down. 1. It is false: for though the direction as to matter of Law separately may belong to the Judg, and the finding the matter of Fact does peculiarly belong to the Jury, yet must your Jury also apply matter of Fact and Law together; and from their consideration of, and a right judgment upon both, bring forth their Verdict: For do we not see in most General issues, as upon not guilty, pleaded in trespass, breach of the peace, or Felony, though it be matter in Law whether the party be a trespasser, a breaker of the Peace, or a Felon; yet the Jury do not find the Fact of the case by it self, leaving the Law to the Court; but find the party guilty, or not guilty, generally. So as though they answer not to the question singly, what is Law; yet they determine the Law in all matters where Issue is join'd. So likewise is it not every days practise, that when persons are Indicted for murther, the Jury does not only find them guilty or not guilty, but many times upon hearing and weighing of circumstances, brings them in, either guilty of Murther, Manslaughter, per Infortunitus , or se-defendendo , as they see cause. Now do they not herein complicately resolve both Law and Fact? And to what end is it that when any person is prosecuted upon any Statute, the Statute it self is usually read to Jurors, but only that they may judg. Whether or no the matter be within that Statute? But to put the business out of doubt, we have the suffrage of that Oracle of Law Littleton, who in his Tenures, Sect. 368. declares, That if a Jury will take upon them the knowledg of the law upon the matter, they may. Which is agreed to, likewise by Cook in his Comment thereupon. And therefore 'tis false to say, That the Jury hath not power, or doth not use frequently to apply the Fact to the Law; and thence taking their measures, judg of, and determine the crime or issue by their Verdict. 2. As Juries have ever been vested with such power by Law, so to exclude them from, or disseize them of the same, were utterly to defeat the end of their institution. For then if a person should be Indicted for doing any common innocent act, if it be but clothed and disguised in the Indictment with the name of Treason, or some other high crime, and prov'd by Witnesses to have been done by him; the Jury though satisfied in Conscience, that the Fact is not any such offence as 'tis called, yet because (according to this fond opinion) they have no power to judg of law, and the fact charged is fully prov'd, they should at this rate be bound to find him guilty. And being so found, the Judg may pronounce sentence against him, for he finds him a convicted Traytor, &c. by his Peers. And thus as a certain Physician boasted, That he had kill'd one of his Patients with the best method in the world; So here should we have an innocent man hang'd, drawn, and quarter'd, and all according to law. God forbid that any such thing should be practised; and indeed I do not very fully understand you. I do not say it ever hath been, and I hope it never will be practised: But this I will say, that according to this Doctrine, it may be; and consequently Juries may thereby be rendred rather a snare or engine of oppression, than any advantage or Guardian of our Legal Liberties against Arbitrary Injustice, and made meer properties to do the drudgery, and bear the blame of unreasonable Prosecutions. And since you seem so dull as not to perceive it, let us put an Imaginary case, not in the least to abet any irreverence towards his Majesty, but only to explain the thing, and shew the absurdness of this opinion. Suppose then a man should be Indicted, For that he as a false Traytor not having the fear of God before his eyes, &c. did trayterously, presumptuously against his Allegiance, and with an intent to affront his Majesties Person and Government, pass by such or such a Royal Statue or Effigies with his hat on his head, to the great contempt of His Majesty and his Authority, the evil example of others, against the Peace, and his Majesties Crown and Dignity. Being hereupon arraigned, and having pleaded Not guilty, suppose that sufficient evidence should swear the matter of Fact laid in the Indictment, viz. That he did pass by the Statue or Picture with his hat on; now imagine your self one of the Jury that were sworn to try him, What would you do in the matter? Do? Why I should be satisfied in my Conscience, That the man had not herein committed any crime, and so I would bring him in not Guilty. You speak as any honest man would do: But I hope you have not forgot the point we were upon; suppose therefore when you thought to do thus, the Court, or one of your Brethren, should take you up and tell you, That it was out of your power so to do; An ordinary Jury-man's wise Speech. For look ye (saith he) my Masters! we Jury-men are only to find matter of Fact, which being fully prov'd as in this case before us it is, we must find the party Guilty; whether the thing be Treason or not, does not belong to us to inquire; 'tis said so here, you see in the Indictment; and let the Court look to that, they know best, we are not Judges of Law: shall we meddle with niceties and punctilio's, and go contrary to the directions of the Court? So perhaps we shall bring our selves into a præmunire (as they say) and perhaps never be suffered to be Jury men again. No, no, The matter of Fact you see is proved, and that's our business, we must go according to our Evidence, we cannot do less: truly 'tis something hard, and I pity the poor man, but we cannot help it, &c. After these notable documents, what would you do now? I should not tell what to say to it; for I have heard several Ancient Jury-men speak to the very same effect, and thought they talk'd very wisely. Well then, would you consent to bring in the man Guilty? Truly I should be somewhat unwilling to do it; but I do not see which way it can be avoided, but that he must be found guilty of the Fact. God keep every honest body from such Jury-men; have you no more regard to your Oath? to your Conscience? to Justice? to the Life of a man? Hold! hold! perhaps we would not bring him in Guilty generally, but only Guilty of the Fact, Finding no more but Guilty of passing by the Statue with his Hat on. This but poorly mends the matter, and signifies little or nothing; For such a finding hath generally been refused by the Court, as being no Verdict, though 'tis said it was lately allowed somewhere in a Case that required favour. But suppose it were accepted, what do you intend shall become of the Prisoner? must not he be kept in Prison til all the Judges are at leisure and willing to meet and argue the business? Ought you not, and what Reason can you give why you should not absolutely acquit and discharge him? Nay, I do aver, you are bound by your Oaths to do it, by saying with your mouths to the Court, what your Consciences cannot but dictate to your selves, Not Guilty: For pray consider, Are you not sworn, That you will well and truly Try, and true deliverance make? There's none of this Story of matter of Fact, distinguisht from Law in your Oath. But you are, Well, That is, Fully and Truly, that is Impartially, to try the Prisoner. So that if upon the Consciences, and the best of the Understanding by what is proved against him, you find he is guilty of that Crime wherewith he stands charged, that is, deserving Death, or such other Punishment as the Law inflicts upon an Offence so denominated; then you are to say, he is Guilty. But if you are not satisfied, that either the Act he has committed was Treason, or other Crime, (though it be never so often called so) or that the Act it self, if it were so criminal, was not done, then what remains but that you are to acquit him? For the end of Juries is to preserve Men from oppression, which may happen as well by imposing or ruining them for that as a Crime, which indeed is none, or at least not such or so great as is pretended, as by charging them with the Commission of that which in truth was not committed. And how do you well and truly Try, and true Deliverance make, when indeed you do but deliver him up to others to be Condemned, for that which your selves do not believe to be any Crime? Well; but the supposed Case is a Case unsupposable. It is not to be imagined, that any such thing should happen, nor to be thought, that the Judges will condemn any Man, though brought in Guilty by the Jury, if the Matter in it self be not so Criminal by Law. 'Tis most true, I do not believe that ever that Case will happen. I put it in a thing of apparent Absurdity, that you might the more clearly observe the unreasonableness of this Doctrine; but withal I must tell you, That 'tis not impossible that some other Cases may really happen, of the same or the like nature, though more fine and plausible. And though we apprehend not, that during the Reign of His Majesty that now is, (whose Life God long preserve) any Judges will be made that would so wrest the Law; Yet what Security is there, but that some Successors may not be so cautious in their Choice? And though our Benches of Judicature be at present furnish'd with Gentlemen of great Integrity, yet there may one day happen some Tresilian, or Kinsman of Empsons, to get in, (for what has been, may be) who Empson-like, shall pretend it to be for his Masters Service, to encrease the number of Criminals, that his Coffers may be fill'd with Fines and Forfeitures. And then such mischiefs may arise. And Juries having upon confidence parted with their just Priviledges, shall then, too late, strive to reassume them, when the number of Ill-presidents shall be vouched to inforce that as of Right, which in truth was at first a Wrong grounded on Easiness and Ignorance. Had our wise and wary Ancestors thought fit to depend so far upon the Contingent Honesty of Judges, they needed not to have been so zealous to continue the usage of Juries. Yet still I have heard, that in every Indictment, or Information, there is always something of Form or Law, and something else of Fact; and it seems reasonable, that the Jury should not be bound up nicely to find every Formality therein expressed, or else to acquit (perhaps) a notorious Criminal. But if they find the Essential Matter of the Crime, then they ought to find him Guilty. You say true, and therefore must note, that there is a wide difference to be made between Words of Course, rais'd by Implication of Law, and Essential Words, that either make, or really aggravate the Crime charged. The Law does suppose and imply every Trespass, Breach of the Peace, every Felony, Murder, or Treason to be done Vi et Armis , with Force and Arms, &c. Now if a Person be Indicted for Murder by Poison, and the Matter proved, God forbid the Jury should scruple the finding him Guilty upon the Indictment, meerly because they do not find that part of it, as to Force and Arms, proved. For that is implyed as a necessary or allowable Fiction of Law. But on the other side, when the Matter in Issue in it self, and taken as a naked Proposition, is of such a Nature, as no Action, Indictment, or Information will lie for it singly, but it is work'd up by special Aggravations into Matter of Damage or Crime; as that it was done to scandalize the Government, to raise Sedition, to affront Authority, or the like, or with such or such an evil intent. If these Aggravations, or some overt Act to manifest such ill Design or Intention be not made out by Evidence, then ought the Jury to find the Party Not Guilty; for example. Bishop Latimer, (afterwards a Martyr in bloody Queen Maries days, for the Protestant Religion) in a Sermon preached before the most excellent King Edward the sixth delivered these words. See Latimers Sermons fo. 41. the second Sermon before King Edward the sixth. "I must desire your Grace to hear Poor Mens Suits your self; the Saying is now, That Money is heard every where; if he be Rich, he shall soon have an end of his Matter, others are fain to go home with weeping Tears for any help they can obtain at any Judges Hand. Hear Mens Suits your self, I require you in Gods behalf, and put them not to the Hearing of these Velvet-Coats, these Up-skips. Amongst all others, one especially moved at this time to speak; This it is, Sir! A Gentlewoman came and told me, that a Great Man keepeth certain Lands of hers from her, and will be her Tenant in spight of her Teeth. And that in a whole Twelve-month she could not get but one day for the Hearing of her Matter, and the same day, when it should be heard, the Great Man brought on his side a great sight of Lawyers for his Counsel, the Gentlewoman had but one Man of Law, and the Great Man shakes him so, that he cannot tell what to do; for that when the Matter came to the Point, the Judge was a means to the Gentlewoman, that she should let the Great Man have a quietness in her Land: I beseech your Grace, that ye would look to these Matters. And you proud Judges! Hearken what God saith in his Holy Book; Audite illos ita parvum ut magnum , Hear them (saith he) the Small as well as the Great, the Poor as well as the Rich, regard no Person, fear no Man. And why? Quia Domini Judicium est , The Judgment is Gods. Mark this Saying, thou proud Judge, The Devil will bring this Sentence against thee at the Day of Doom. Hell will be full of these Judges, if they repent not, and amend, they are worse than the wicked Judge that Christ speaketh of Luke the 19th, that neither feared God nor the World. Our Judges are worse than this Judge was; for they will neither hear Men for God's sake, nor fear of the World, nor Importunateness, nor any thing else; yea some of them will command them to ward if they be importunate. I heard say, That when a Suiter came to one of them, he said, What fellow is it that giveth these folks counsel to be so importunate? he deserves to be Punished and Committed to Prison! ward. Marry sir! punish me then, It is even I that gave them Counsel, I would gladly be punished in such a Cause, and if you amend not, I will cause them to cry out upon you still, even as long as I live. These are the very words of that good Bishop and Martyr Father Latimer. Truly they are somewhat Bold, but I think very Honest ones. But what signify they to our discourse? Only this, suppose the Judges of those times, thinking themselves agrieved by such his Freedom, should have brought an Indictment against him, setting forth, that falsly and maliciously intending to scandalize the Government and the Administration of Justice in this Realm, and to bring the same into Contempt, he did speak, publish and declare the false and scandalous words before recited. I conceive the Judges had more Wit than to trouble themselves about such a Business. That's nothing to the purpose, but suppose I say by them or any body else, it had been done, and his speaking the words had been proved, and you had then been Living and one of the Jury. I would have pronounced him not Guilty, and been starv'd to Death before I would have consented to a contrary Verdict, Because the words in themselves are not Criminal, nor reflecting upon any particulars, and as for what is supposed to be laid in the Indictment or Information, that they were published or spoken to scandalize the Government and the Administration of Justice, or to bring the same into Contempt, nothing of that appears. You resolve as every Honest, Understanding, Conscientious man would do in the like Case, for when a man is Prosecuted for that which in it self is no Crime, how dreadfully soever it may be set out, as the Inquisitors in Spain use to Cloath Innocent Protestants, whom they Censure to the flames, with Sambenito's (Garments all over bepainted with Devils) that the people beholding them in so Hellish a dress, may be so far from pitying them, that they may rather Condemn them in their thoughts as Miscreants not worthy to Live, though in truth they know nothing of their Cause, yet I say notwithstanding any such Bugg-bear Artifice, an Innocent man ought to be Acquitted, and not he and his Family ruined and perhaps utterly undone, for words or matters harmless in themselves, and possibly very well intended, but only rendred Criminal by being thus hideously dressed up, and wrested with some far-fetch'd, forced and odious Construction. This is a matter well worthy the Consideration of all Juries, for indeed I have often wondred to observe the Adverbs in Declarations, Indictments and Informations in some Cases to be harmless Vinegar and Pepper, and in others Henbane steep'd in Aqua fortis . That may easily happen, where the Jury does not distinguish Legal Implications, from such as Constitute, or materially Aggravate the Crime, for if the Jury shall honestly refuse to find the latter in Cases where there is not direct proof of them, viz. That such an Act was done Falsly, Scandalously, Maliciously, with an intent to raise Sedition, defame the Government, or the like, their mouths are not to be stopt, nor their Consciences satisfied with the Courts telling them You have nothing to do with that, its only matter of Form or matter of Law, you are only to examine the Fact, whether he spoke such words, writ or sold such a Book or the like; For, now if they should ignorantly take this for an Answer and bring in the Prisoner Guilty, though they mean and intend of the naked Fact or bare Act only, yet the Clerk Recording it, demands a further Confirmation, saying to them thus, well then you say A.B. is Guilty of the Trespass or Misdemeanour in manner and form as he stands Indicted and so you say all, to which the Foreman Answers for himself and his fellows Yes. Whereupon the Verdict is drawn up Juratores super Sacramentum suum dicunt , &c. The Jurors do say upon their Oaths, that A.B. maliciously, in Contempt of the King and the Government, with an intent to scandalize the Administration of Justice, and to bring the same into Contempt or to raise Sedition &c. (As the words before were laid) spake such Words, publisht such a Book, or did such an Act, against the Peace of our Lord the King his Crown and Dignity. Dictum Thus a Verdict, so called in Law, quasi veritatis , because it ought to be the Voice or Saying of Truth it self, may become composed in its material part of Falshood. Thus Twelve men ignorantly drop into a Perjury. And will not every conscientious man tremble to pawn his Soul under the sacred and dreadful solemnity of an Oath, to attest and justifie a Lie upon Record to all Posterity; besides the wrong done to the Prisoner, who thereby perhaps comes to be hang'd (and so the Jury in foro conscientiæ are certainly guilty of his Murther) or at least by Fine or Imprisonment) undone with all his Family, whose just Curses will fall heavy on such unjust Jurymen and all their Posterity, that against their Oaths and Duty occasion'd their causeless misery. And is all this think you nothing but a matter of Formality? Yes really, a matter of Vast Importance and sad Consideration; yet I think you charge the mischiefs done by such Proceedings a little too heavy upon the Jurors; Alas good men! They mean no harm, they do but follow the directions of the Court, if any body ever happen to be to blame in such Cases it must be the Judges. Yes, forsooth! That's the Jury-mens common-plea, but do you think it will hold good in the Court of Heaven? 'Tis not enough that we mean no harm, but we must do none neither, especially in things of that moment, nor will Ignorance excuse, where 'tis affected, and where duty obliges us to Inform our selves better, and where the matter is so plain and easie to be understood. As for the Judges they have a fairer plea than you, and may qickly return the Burthen back upon the Jurors, for we, may they say, did nothing but our duty according to usual Practise, the Jury his Peers had found the Fellow Guilty upon their Oaths of such an Odious Crime, and attended with such vile, presumptions, and dangerous Circumstances. They are Judges, we took him as they presented him to us, and according to our duty pronounced the Sentence, that the Law inflicts in such Cases, or set a Fine, or ordered Corporal punishment upon him, which was very moderate, Considering the Crime laid in the Indictment or Information, and of which they had so sworn him Guilty; if he were innocent or not so bad as Represented, let his Destruction lye upon the Jury &c. At this rate if ever we should have an unconscionable Judge, might he Argue; And thus the Guilt of the Blood or ruin of an Innocent man when 'tis too late shall be Bandyed to and fro, and shuffled off from the Jury to the Judge, and from the Judge to the Jury, but really sticks fast to both, but especially on the Jurors; because the very end of their Institution was to prevent all dangers of such oppression, and in every such Case, they do not only wrong their own Souls, and irreparably Injure a particular Person, but also basely betray the Liberties of their Countrey in General, for as without their ill-complyance and Act no such mischief can happen; so by it, ill precedents are made, and the Plague is encreased, honester Juries are disheartned or seduc'd by Custome from their Duties, just Priviledges are lost by disuser, and perhaps within a while some of themselves may have an hole pickt in their Coats, and then they are Tryed by another Jury just as wise and honest, and so deservedly come to smart under the Ruinating Effects and Example of their own Folly and Injustice. You talk of Folly, and blame Jury-men, when indeed they cannot help it, they would sometimes find such a Person Guilty, and such an one Innocent, and are perswaded they ought so to do, but the Court over-rules, and forces them, to do otherwise. How I pray? How? Why, did you never hear a Jury threatned to be Fined and Imprisoned, if they did not comply with the Sentiments of the Court? I have Read of such doings, but I never heard, or saw it done, and indeed I do not doubt but our Seats of Justice are furnisht with both better men, and better Lawyers, than to use any such Menaces or Duress, for undoubtedly 'tis a base and very Illegal Practise. But however will any man that fears God, nay that is but an honest Heathen debauch his Conscience, and forswear himself, do his Neighbour Injustice, betray his Countreys Liberties, and consequently enslave himself and his Posterity, and all this meerly because he is Hector'd and threaten'd a little? I know it should not sway with any, but alas, a Prison is terrible to most men, whatever the Cause be; And the Fine may be such, if one shall refuse to comply, as may utterly ruin ones Family. Fright not your self, there is no cause for this Aguefit, to shake your Conscience out of Frame; if you are Threatned tis but Brutum Fulmen , Lightning without a Thunderbolt, nothing but big words, for it is well known That there is never a judge in England that can Fine or Imprison any Jury-man in such a Case. Good Sir! I am half asham'd to hear a Barrister talk thus; have not some in our memory been Fin'd and Imprison'd? And sure that which has actually been done is not altogether Impossible. Your Servant Sir! Under favour of your mighty Wisdom and Experience, when I said no Judge could do it, I spake the more like a Barrister, for tis a Maxim in Law Id possumus quod Jure possimus . A man is said to be Able to do only so much, as he may Lawfully do. But such Fining or Imprisoning cannot Lawfully be done; the Judges have no Right or Power by Law to do it, and therefore it may well be said, they cannot, or are not able to do it. And whereas you say, that some Juries in our Memory have been Fined and imprisoned, you may possibly say true, But tis as true that it hath been only in our Memory, for no such thing was practised in Antient times, for so I find it asserted by a late Learned Judge Lord Chief Justice Vaughan in his Reports. fol. 146 in these possitive words; No case can be offered, either before Attaints granted in General, or after, that ever a Jury was punisht by Fine and Imprisonment by any Judge, for not finding according to their evidence and his direction, until Pophams time, nor is there clear proof, that he ever Fined them for that Reason, separated from other Misdemeanours. And Fol, 152 he Affirms That no man can shew, that a Jury was ever punisht upon an Information either at Law or in the Star-Chamber, where the Charge was only for finding against their Evidence, or giving an untrue Verdict, unless Imbracery, Subornation, or the like were joyn'd. So that you see, the Attempt is an Innovation as well as unjust, a thing unknown to our Fore-fathers and the Antient Sages of the Law; and therefore so much the more to be watcht against, resisted and suppressed, whilst young, lest in time this crafty Cockatrices Egg hatcht and fosterd by Ignorance, and pusillanimous Compliance, grow up into a Serpent too big to be master'd, and so Blast and destroy the First-Born of our English Freedoms. And indeed (Blessed be God) it hath hitherto been rigorously opposed as often as it durst Crawl abroad, being Condemned in Parliament and knockt o'th head by the Resolutions of the Judges upon solemn Argument. As by and by I shall demonstrate. Well, but are Iurors not liable then to Fine or Imprisonment in any Case whatsoever. Now you run from the Point; we were talking of giving their Verdict, and you speak of any Case whatsoever. Whereas you should herein observe a necessary distinction, which I shall give you in the words of that Learned Iudge last Cited Vaughan Rep. fo. 152. Much of the Office of Jurors in order to their Verdict is Ministerial; as not withdrawing from their Fellows after they are Sworn, not receiving from either side Evidence not given in Court; Not eating and drinking before their Verdict; Refusing to give a Verdict, &c. Wherein if they Transgress they may be finable. But the Verdict it self, when given, is not an Act Ministerial, but Judicial and (supposed to be) according to the best of their Judgment, for which they are not Finable, nor to be punisht but by Attaint; that is, by another Jury, in Cases where an Attaint lies, and where it shall be found that Wilfully they gave a Verdict false and Corrupt. Now that Iuries otherwise, are in no Case punishable, nor can (for giving their Verdict according to their Consciences and the best of their Judgment) be Legally Fined or Imprisoned by any Iudge on Colour of not going according to their Evidence, or finding contrary to the directions of the Court, is a truth both founded on unanswerable Reasons and Confirmed by irrefragable Authorities. Those I would gladly hear. They are many, but some of the most evident are these that follow. As for Reasons. 1. A Iury ought not to be Fined or Imprisoned, because they do not follow the Iudges directions, for if they do follow his direction, they may yet be Attainted, and to say they gave their Verdict according to his directions is no Barr, but the Iudgment shall be revers'd and they punisht for doing that, which if they had not done, they should (by this Opinion) have been Fined and Imprisoned by the Iudge, for not doing it. Which is Unreasonable. 2. If they do not follow his direction, and be therefore Fined, yet they may be Attainted, and so they should be doubly punisht by distinct Iudicatures for the same Offence, which the Common Law never admits. 3. To what end is the Jury to be return'd out of the Vicinage (that is, the neighbourhood) whence the issue ariseth? To what end must Hundredors be of the Jury, whom the Law supposeth to have nearer knowledge of the Fact than those of the Vicinage in general? To what end are they challeng'd so scrupulously to the Array and Pole? to what end must they have such a certain Freehold, and be Probi & legales homines , and not of Affinity with the Parties concerned? &c. If after all this they implicitly must give a Verdict by the Dictates and Authority of another Man, under pain of Fines and Imprisonment, when sworn to do it according to the best of their own knowledge; a Man cannot see by anothers Eye, nor hear by anothers Ear, no more can a Man conclude or infer the thing to be resolved by anothers understanding or reasoning, unless all Mens understandings were equally alike; and if meerly in compliance because the Iudge says thus or thus, a Iury shall give a Verdict, though such their Verdict should happen to be right, true, and just, yet they being not assured it is so from their own understanding, are forsworn, at least in Foro Conscientiæ . 4. Were Jurors so finable, then every Major and Bailiff of Corporations, all Stewards of Leets, Justices of Peace, &c. whatever Matters are try'd before them, shall have Verdicts to their minds, or else Fine and Imprison the Jurors till they have; so that such must be either pleased, humored, or gratified, else no Justice or Right to be had in any Court. 5. Whereas a Person by Law may Challenge the Sheriff or any Jury-man, if of Kin to his Adversary, yet he cannot challenge a Major, Recorder, Justice, &c. who 'tis possible will have a Verdict for their Kinsman, or against their Enemy, or else Fine and Imprison the Jury till they have obtained it; so that by this means our Lives, Liberties, and Properties shall be solely tryed by, and remain at the Arbitrary dispose of every mercenary or corrupted Justice, Major, Bailiff, or Recorder, if any such should at any time get into Office. 6. 'Tis unreasonable that a Jury should be Finable on pretence of their going against their Evidence, because it can never be Tryed whether or no in truth they did find with or against their Evidence, by reason no Writ of Error lies in the Case. 7. Were Jury-men liable to such Arbitrary Fines, they should be in a worse condition than the Criminals that are tryed by them; for in all Civil Actions, Informations, and Indictments, some Appeals, or Writs of false Judgment, or of Error, do lie into Superior Courts to try the regular Proceedings of the Inferior. But there can be no After-Tryal or Examination, but the Jury-man (if Fining at all were lawful) must either pay the Fine, or lie by it, without remedy, to decide whether in his particular Case he were legally Fined or not. 8. Without a Fact agreed, it is as impossible for a Judge or any other to know the Law, relating to that Fact, or direct concerning it, as to know an Accident that hath no Subject; for as where there is no Law, there is no Transgression, so where there is no Transgression, there is no place for Law; for the Law (saith Divine Authority) is made for the Transgressor. And as Cook tells us, Ex facto Jus oritur , upon stating the Fact or Transgression matter of Law doth arise, or grow out of the Root of the Fact. Now the Jury being the sole Judges of Fact, and Matter in Issue before them, not finding the Fact on which the Law should arise, cannot be said to find against Law, which is no other than a Superstructure on Fact; so that so say they have found against the Law, when no Fact is found, is absurd; an expression insignificant and unintelligible; for no Issue can be joyned of matter in Law, no Jury can be Charged with the Tryal of matter in Law barely, no Evidence ever was, or can be given to a Jury of what is Law, or not. Nor can any such Oath be given to, or taken by a Jury to try matter in Law, nor does an Attaint for such Oath, if false, &c. But if by finding against the Direction of the Court in matter of Law, shall be understood, that if the Judge having heard the Evidence given in Court, (for he can regularly know no other, though the Jury may) shall tell the Jury upon this Evidence, the Law is for the Plaintiff, or the Defendant, and the Jury are under pain of Fine and Imprisonment to Find accordingly; then 'tis plain the Jury ought of Duty so to do. Now if this were true, who sees not that the Iury is but a troublesome Delay, of great Charge, much Formality, and no real use, in determining right and wrong, but meer Ecchos to sound back the pleasure of the Court; and consequently that Tryals by them might be better abolish'd than continued? which is at once to spit Folly in the Faces of our Venerable Ancestors, and enslave our Posterity. 9. As the Iudge can never direct what the Law is in any Matter Controverted, without first knowing the Fact, so he cannot possibly know the Fact but from the Evidence which the Iury have; but he can never fully know what Evidence they have, for besides what is sworn in Court, (which is all that the Judge can know) the Jury being of the Neighbourhood, may, and oft-times do know something of their own knowledge, as to the Matter it self, the Credit of the Evidence, &c which may justly sway them in delivering their Verdict, and which self knowledge of theirs is so far countenanced by Law, that it supposes them capable thereby to try the Matter in Issue, (and so they must) though no Evidence were given on either side in Court. As when any Man is Indicted, and no Evidence comes against him, the Direction of the Court always is, You are to acquit him, unless of your own knowledge you know him Guilty; so that even in that Case they may find him Guilty without any Witnesses. Now, how absurd is it to think, that any Iudge has power to Fine a Iury for going against their Evidence, when he that so Fineth knoweth perhaps nothing of their Evidence at all, (as in the last Case) or at least but some part of it? For how is it possible he should lawfully punish them for that which it is impossible for him to know. Lastly, Is any thing more common, than for two Lawyers or Iudges to deduce contrary and opposite Conclusions out of the same Case in Law? And why then may not two Men infer distinct Conclusions from the same Testimony? And consequently may not the Judge and Jury honestly differ in their Opinion or Result from the Evidence, as well as two Iudges may, which often happens; and shall the Jury-men meerly for this difference of Apprehension merit Fine and Imprisonment, because they do that which they cannot otherwise do, preserving their Oath and Integrity? especially when by Law they are presum'd to know better and much more of the Business, than the Judge does as aforesaid. Are not all these gross contradicting Absurdities? and unworthy (by any Man that deserves a Gown) to be put upon the Law of England, which has ever own'd Right Reason for its Parent, and dutifully submitted to be guided thereby? If the Law, as you say, be Reason, then undoubtedly this Practice of Fining of Juries is most Illegal, since there cannot be any thing more unreasonable; But what Authorities have you against it? You have heard it proved to be a Modern up-start encroachment, so you cannot expect any direct or express Condemnation of it in Ancient Times, because the thing was not then set on Foot. And by the way, though Negative Arguments are not necessarily conclusive, yet that we meet with no Precedents of old of Iuries Fined, for giving their Verdict contrary to Evidence, or the Sense of the Court, is a violent presumption, that it ought not to be done; for it cannot be supposed, that this latter Age did first of all discover, that Verdicts were many times not according to the Iudges Opinion and Liking. Undoubtedly they saw that as well as we; but knowing the same not to be any Crime, or punishable by Law, were so Modest and Honest as not to meddle with it. However, what entertainment it hath met with when attempted in our Times, I shall shew you in two remarkable Cases. 1. When the late Lord Chief Iustice Keeling had attempted something of that kind, it was complained of, and highly resented by the then Parliament; as appears by this Copy of their Proceedings thereupon taken out of their Journal, as follows. Die Mercurii 11. Decembris 1667. The House resumed the Hearing of the rest of the Report touching the matter of Restraint upon Juries, and that upon the Examination of divers Witnesses in several Cases of Restraints put upon Iuries by the Lord Chief Iustice Keeling, and thereupon Resolved as followeth. First, That the Proceedings of the said Lord Chief Iustice in the Cases now Reported are Innovations in the Tryal of Men for their Lives and Liberties. And that he hath used an Arbitrary and Illegal Power, which is of dangerous Consequence to the Lives and Liberties of the People of England, and tends to the introducing of an Arbitrary Government. Secondly, That in the Place of Iudicature the Lord Chief Iustice hath undervalued, vilified, & contemned Magna Charta, the great Preserver of our Lives, Freedom, and Property. Thirdly, That he be brought to Tryal in order to condign Punishment, in such manner as the House shall judge most fit and requisite. Die Veneris 13. Decembris 1667. Resolved, &c. That the Precedents and Practice of Fining or Imprisoning of Iurors for giving their Verdicts, is Illegal. Here you see it Branded in Parliament: Next you shall see it formally condemn'd on a solemn Argument by the Judges. The Case thus. The Sum of the Case of Bushel, and the rest of Mr. Pen and Mr. Meads Jury. At the Sessions for London Sept. 1670. William Pen, and William Mead (two of the People commonly called Quakers) were Indicted, for that they with others, to the number of 300, on the 14th Aug. 22. Regis, in Gray-Church-Street, did with Force and Arms, &c. unlawfully and tumultuously assemble and congregate themselves together to the disturbance of the Peace; and that the said William Pen did there Preach and speak to the said Mead and other Persons in the open Street; by reason whereof a great Concourse and Tumult of People in the Street aforesaid then and there a long time did remain and continue, in contempt of our said Lord the King, and of His Law, to the great disturbance of his Peace, to the great Terror and disturbance of many of His Liege People and Subjects, to the ill example of all others in the like Case Offenders, and against the Peace of our said Lord the King, His Crown and Dignity. The Prisoners Pleading Not Guilty, it was proved, that there was a Meeting at the time in the Indictment mentioned, in Gray-Church-Street, consisting of three or four hundred People, in the open Street, that William Pen was Speaking or Preaching to them, but what he said the Witnesses (who were Officers and Soldiers sent to disperse them) could not hear. Note, that the Quakers have a Meetinghouse in that Street, out of which they were then kept by Soldiers, and therefore they met as near to it as they could in the open Street. This was the effect of the Evidence; which Sir John Howel, the then Recorder, (as I find in the Print of that Tryal P. 14) was pleased to sum up to the Iury, in these words. "You have heard what the Indictment is, 'tis for Preaching to the People in the Street, and drawing a Tumultuous Company after them, and Mr. Pen was speaking; if they should not be disturb'd, you see they will go on, there are three or four Witnesses that have proved this, that he did Preach there, that Mr. Mead did allow of it. After this you have heard by substantial Witnesses what is said against them; Now we are upon the Matter of Fact, which you are to keep to, and observe, as what hath been fully sworn, at your peril. This Tryal begun on the Saturday; the Jury retiring, after some considerable time spent in debate, came in, and gave this Verdict, Guilty of Speaking in Gray-Church-Street. At which the Court was offended, and told them, they had as good say nothing; Adding, Was it not an unlawful Assembly? you mean he was speaking to a Tumult of People there. But the Foreman saying, what he had delivered was all he had in Commission, and others of them affirming, That they allowed of no such word as an unlawful Assembly in their Verdict, They were sent back again, and then brought in a Verdict in writing, subscribed with all their Hands, in these words. We the Jurors hereafter named do find William Pen to be Guilty of Speaking or Preaching to an Assembly met together in Gray-Church street the 14th of Aug. 1670. And William Mead not Guilty of the said Indictment. Note, though this Jury for their excellent example of courage and constancy deserve the commendation of every good English-man, yet if they had been better advis'd, they might have brought the Prisoners in Not Guilty at first, saved themselves the trouble and inconveniences of these two Nights Restraint. This the Court resented still worse, and therefore sent them back again, and Adjourned till Sunday morning, but then too they insisted on the same Verdict, so the Court Adjourned till Monday morning; and then the Jury brought in the Prisoners generally Not Guilty, which was Recorded, and allowed of. But immediately the Court fined them Forty Mark a Man, and to lie in Prison till paid. Being thus in Custody, Edw. Bushel, one of the said Iurors, on the 9th of Nov. following brought his Habeas Corpus in the Court of Common-Pleas. On which the Sheriffs of London made Retorn, That he was detained by vertue of an Order of Sessions, whereby a Fine of forty Marks was set upon him and eleven others particularly named, and every of them being Iurors sworn to try the Issues joyned between the King, and Pen, and Mead, for certain Trespasses, Contempts, unlawful Assemblies and Tumults, and who then and there did acquit the said Pen and Mead of the same, against the Law of this Kingdom, and against full and manifest Evidence, and against the direction of the Court in matter of Law of Law of and upon the Premises openly in Court to them given and declared; and that it was ordered they should be imprisoned till they severally paid the said Fine, which the said Bushel not having done, the same was the cause of his Caption and Detention. See Bushels Case in Vaughans Reports at large. The Court coming to debate the validity of this Retorn, adjudged them same insufficient; for 1. The Words, Against full and manifest Evidence, was too general a Cause; the Evidence should have been fully and particularly recited, else how shall the Court know it was so full and evident; they have now only the Iudgment of the Sessions for it, that it was so; but, said the Iudges, Our Judgment ought to be Grounded upon our own Inferences and Understandings, and not upon theirs. 2. It is not said, that they acquitted the Persons Indicted against full and manifest Evidence, corruptly and knowing the said Evidence to be full and manifest, for otherwise it can be no Crime; for that may seem full and manifest to the Court, which does not appear so to the Iury. 3. The other part of the Return, viz. That the Iury had acquitted those Indicted, against the direction of the Court in matter of Law, was also adjudged to be naught, and unreasonable, and the Fining of the Juries for giving their Verdict in any Case concluded to be illegal, for the several Reasons before recited, and other Authorities of Law urged to that purpose; and all the Precedents and Allegations brought to justify the Fine and Commitment solidly answered; whereupon the Chief Iustice delivered the Opinion of the Court, That the Cause of Commitment was insufficient; and accordingly the said Bushel, and other his Fellow-prisoners, were discharged, and left to the Common Law for Remedy and Reparaton of the Damages by that tortious illegal Imprisonment sustained. Which Case is (amongst others) Reported by that Learned Iudge Sir John Vaughan, at that time Lord Chief Iustice of the Common-Pleas, setting forth all the Arguments, Reasons, & Authorities on which the Court proceeded therein; from which I have extracted most of the Reasons which before I recited for this Point, & for the greatest part in the very words of that Reverend Author. This Resolution hath, one would think (as you said) knock'd this Illegal Practice on the Head, beyond any possibility of Revival, but may it not one day be denied to be Law, and the contrary justified? No such thing can be done without apparent violating and subverting all Law, Justice and Modesty; for though the Precedent it self be valuable, and without further inquiry is wont to be allowed, when given thus deliberately upon solemn debate by the whole Court; yet 'tis not only that, but the sound substantial and everlasting Reasons, whereon they grounded such their Resolves, that will at all times Justify Fining of Iuries in such Cases to be Illegal; besides, as the Reporter was most considerable, both in his Quality as Lord Chief Justice, and for his Parts, soundness of Iudgment, and deep Learning in the Law; so such his Book of Reports is approved and recommended to the World, (as appears by the Page next after the Epistle) by the Right Honourable the present Lord Chancellor of England, Sir William Scroggs, now Lord Chief Iustice of England, my Lord North, Chief Iustice of the Common-Pleas; and in a word, by all the Iudges of England at the time of Publishing thereof; so that it cannot be imagined how any Book can challenge greater Authority, unless we should expect it to be particularly confirm'd by Act of Parliament. You have answered all my Scruples, and since I see the Law has made so good Provision for Jury-mens priviledges and safety, God forbid any Jury-man should be of so base a temper, as to betray that (otherwise) impregnable Fortress wherein the Law hath plac'd him, to preserve and defend the just Rights and Liberties of his Country, by treacherously surrendering the same into the hands of Violence or Oppression, though maskt under never so fair Stratagems and Pretences; for my own part, I shall not now decline to appear according to my Summons, and therefore (though I fear I have detained you too long already) shall desire a little more of your direction about the Office of a Jury-man, in particular that I may uprightly and honestly discharge the same. Though I think from what we have discours'd being digested and improv'd by your own Reason, you may sufficiently Inform your self, yet to gratifie your request, I shall add a few brief Remarques, as well of what you ought cautiously to avoid, as what you must diligently pursue and regard if you would justly and truly do your duty. First, as to what you must avoid. 1. I am very Confident, that you would not willingly violate the Oath which you take, but 'tis possible that there are such who as frequently break them, as take them, through their careless custome on the one hand, or slavish fear on the other, against which I would fully caution you; that you may defend your self and others, against any Enemies of your Countreys Liberties and happiness, and keep a good Conscience towards God and towards man. 2, 'Tis frequent, that when Juries are withdrawn that they may consult of their Verdict, they soon forget that Solemn Oath they took, and that mighty Charge of the Life and Liberty of men, and their Estates, whereof then they are made Judges, and on their Breath not only the Fortunes of the particular Party, but perhaps the preservation or Ruin of several Numerous Families does Solely depend, now I say without due Consideration of all this, nay sometimes without one serious thought, or Consulted Reason offered Pro, or Con, presently the Fore man or one or two that call themselves Antient Jury-men (though in truth they never knew what belongs to the place more than a common School-Boy) rashly deliver their Opinions and all the rest in respect to their supposed Gravity and Experience, or because they have the biggest Estates, or to avoid the trouble of disputing the Point, or to prevent the spoiling of Dinner by delay, or some such weighty Reason, forthwith agree blind fold, or else go to holding up of hands or telling of Noses, and so the Major Vote carries away Captive both the Reason and Consciences of the rest. Thus trifling with Sacred Oaths, and putting mens Lives, Liberties and Properties (as it were) to the hap-hazard of Cross or Pile; This Practise or something of the like kind, is said to be too Customary amongst some Jurors, which occasions such their extraordinary dispatch of the weightiest or most Intricate matters, but there will come a time when they shall be called to a severe Account for their Hast and Negligence, therefore have a care of such Fellow-Jurors. 3. Such a Slavish Fear attends many Jurors, that let the Court but direct to find Guilty, or not Guilty, though they themselves see no just Reason for it, yea oft-times though their own Opinions are contrary, and their Consciences tell them it ought to go otherwise; yet, right or wrong accordingly they will bring in their Verdict; and therefore many of them never regard seriously the course and force of the Evidence, what and how it was delivered more or less to prove the Indictment, &c. But as the Court Sums it up, they find; as if Juries were appointed for no other purpose but to Eccho back, what the Bench would have done; such a base temper is to be avoided, as you would escape being Forsworn, even though your Verdict should be right; for since you do not know it so to be by your own Judgment or Understanding, you have abused your Oath and hazarded your own Soul as well as your Neighbours Life Liberty or Property, because you blindly depend on the opinion or perhaps passion of others, when you were Sworn well and truly to try them your selves. Such an implicite Faith is near of Kin to that of Rome in Religion, and (at least in the next degree) as dangerous. 4. There are some that make a Trade of being Jury-men that seek for the Office, use means to be constantly continued in it, will not give a disobliging Verdict lest they should be discharg'd and serve no more, these standing Jurors have certainly some ill game to play, there are others that hope to Signalize themselves to get a better Trade, or some Preferment by serving a Turn; there are others that have particular Piques and a humor of Revenge against such or such Parties, if a man be but miscall'd by some Odious name, or said to be of an exploded Faction streight they cry hang him, Find him Guilty, no punishment can be too bad for such a Fellow, in such a case they think it merit to Stretch an Evidence on the tenter-hooks, and strain a Point of Law because they fancy it makes for the Interest of the Government. As if Injustice or Oppression could in any case be for the true Interest of Government when in truth nothing more weakens or destroys it, but this was an old stratagem, if thou suffer this man to escape, thou shalt not be Cæsars Friend. When Cæsar was so far from either needing or thanking them for any such base Services, that had he but truly understood them, he would severely have punisht their Partiality and Tyranny. All these and the like pestilent Biases are to be avoided and abominated by every honest Jury-man. But now as to the positive Qualifications requisite. 1. You that are Jury-men should first of all seriously regard the weight and importance of the Office; your own Souls other mens Lives, Liberties, Estates, all that in this World are dear to them, are at Stake, and in your hands; therefore consider things well before-hand, and come substantially furnished and provided with sound and well-grounded Consciences, with clear minds, free from malice, fear, hope, or favour; lest instead of Judging others, thou shouldest work thy own Condemnation, and stand in the sight of God our Creator and Judge of all men, no better than a Murtherer, or Perjured Malefactor. 2. Observe well the Record, Indictment or Information that is read, and the several parts thereof, both as to the matter, manner, and form. 3. Take due notice and regard to the Evidence offered for Proof of the Indictment, and each part of it, as well to manner and form as matter; and if you suspect any Subornation, foul Practise, or tampering hath been with the witnesses, or that they have any malice or sinister design, have a special regard to the Circumstances or Incoherencies of their Tales, and endeavour by apt Questions to sift out the truth, or discover the Villainy. And for your better satisfaction endeavour to write down the evidence or the Heads thereof that you may the better Recall it to memory. 4. Take notice of the nature of the Crime charged, and what Law the Prosecution is grounded upon, and distinguish the supposed Criminal Fact which is proved, from the aggravating Circumstances which are not proved. 5. Remember that in Juries there is no Plurality of Voices to be allowed; 7 cannot over-rule or by vertue of Majority Conclude 5. no, nor 11, 1. But as the Verdict is given in the name of all the 12, or else it is void: So every one of them must be actually agreeing, and satisfied in his particular Understanding and Conscience, of the truth and Righteousness of such Verdict, or else he is forsworn; and therefore if one man differ in Opinion from his fellows, they must be kept together, till either they by strength of Reason or Argument can satisfy him, or he convince them. For he is not to be Hecktor'd, much less punisht by the Court into a Compliance; for as the L. Ch. Justice Vaughan says well, if a man differ in Judgment from his Fellows whereby they are kept a day and a night, though his dissent may not in truth be as reasonable as the Opinion of the rest that agree, yet if his Judgment be not satisfied, one disagreeing can be no more Criminal than four or five disagreeing with the rest. Rep. fol. 151. Upon which occasion the said Author recites a remarkable Case out of an antient Law-Book 41 Iss. p. 11. a Juror would not agree with his fellows for two days, and being demanded by the Judges, if he would agree, said, he would first die in Prison, whereupon he was Committed and the Verdict of the eleven taken, but upon better Advice, the Verdict of the eleven was Quasht, and the Juror discharged without Fine, and the Justices said the way was to carry them in Carts (this is to be understood at Assizes where the Judges cannot stay but must remove in such a time into another County) until they agreed, and not by Fining them. And as the Judges err'd in taking the verdict of Eleven, so they did in Imprisoning the Twelve. And therefore you see on second thoughts Releas'd him. 6, Endeavour as much as your Circumstances will permit at your spare Hours to Read and Understand the Fundamental Laws of the Country; such as Magna Charta, the Petition of Right, the late excellent Act for Habeas Corpus's, Horns Mirrour of Justices, Sir Edw. Cook in his 2d 3d and 4th parts of the Institutes of the Law of England, and Judge Vaughans Reports, these are Books frequent to be had, and of excellent use to inform any Reader of Competent Apprehension, of the true Liberties and Priviledges which every English man is Justly Intituled unto, and Estated in by his Birth-right, as also the nature of Crimes and the punishments severally and respectively Inflicted on them by Law, the Office and duties of Judges, Juries, and all Officers and Ministers of Justice, &c. Which are highly necessary for every Jury-man in some Competent measure to know, for the Law of England hath not placed Tryals by Juries to stand between men and Death or Destruction to so little purpose as to Pronounce men Guilty, without regard to the nature of the Offence, or to what is to be Inflicted thereupon. For want of truly understanding and considering these things, Juries many times plunge themselves into lamentable perplexities; as it befel the Jury who were the Tryers of Mr. Udal a Minister, who in the 32d year of Q. Eliz. was Indicted and Arraigned at Croydon in Surry, for HighTreason, for defaming the Queen and Her Government in a certain Book Intituled, A Demonstration of the Discipline, &c. And though there was no Direct, but a scambling Shadow of Proof, and though the Book duly considered contained no matter of Treason, but certain words which by a forced construction were laid to tend to the defamation of the Government, and so the thing prosecuted under that Name; yet the Jury not thinking that in pronouncing him Guilty, they had upon their Oath pronounced him Guilty of Treason, and to die as a Traitor; but supposing that they had only declared him Guilty of making the Book, hereupon they brought him in Guilty, but when after the Judges Sentence of Death against him (which they never in the least intended) they found what they had done, they were confounded in themselves, and would have done any thing in the world to have Revok'd that unwary pernicious Verdict, when, alas! it was too late. Dr. Fuller has this witty note on this witty Gentlemans Conviction, that is was Conceived rigorous in the greatest, which at best (saith he) is Cruel in the least Degree. And it seems so Queen Elizabeth thought it, for she suspended Execution, and he dyed naturally. But his Story survives to warn all Succeeding Jury-men to endeavour better to understand what it is they do, and what the Consequences thereof will be. 7. As there is nothing I have said intended to encourage you to partiality, or tempt any Jury-man to a Connivance at Sin and Malefactors, whereby those Pests of Society should avoid being brought to condign punishment, and so the Law cease to be a terror to evil-doers; which were in him an horrible Perjury, and indeed a foolish Pitty, or Crudelis misericordia , a Cruel Mercy; for he is highly injurious to the Good that absolves the Bad, when real Crimes are proved against them; so that I must take leave to say, That in Cases where the matter is dubious, both Lawyers and Divines prescribe rather favour than rigour; an eminent and learned Judge Fortescue, ca. 27. of our own has in this Advice and Wish gone before me, Mallem reverà viginti Facinorosos mortem pietate evadere, quam justum unum injuste condemnari. I verily (saith he) had rather twenty evil-doers should escape death through Tenderness or Pitty, than that one Innocent Man should be unjustly condemned. I shall conclude with that excellent Advice of my Lord Cook, In the Epilogue of his 4th Part of Institutes. which he generally addresses to all Judges, but may no less properly be applyed to Jurors. Fear not to do Right to all, and to deliver your [Verdicts] justly according to the Laws; for Fear is nothing but a betraying of the Succours that Reason should afford; and if you shall sincerely execute Justice, be assured of three Things. 1. Though some may malign you, yet God will give you his Blessing. 2. That though thereby you may offend Great Men and Favourites, yet you shall have the favourable Kindness of the Almighty, and be his Favourites. And lastly, That in so doing, against all scandalous Complaints and pragmatical Devices against you, God will defend you as with a Shield. For thou Lord wilt give a Blessing unto the Righteous, and with thy favourable Kindness wilt thou defend him as with a Shield. Psal. 5.15. "
"The English-mans RIGHT, &c. "
"The English-mans right. A dialogue between a barrister at law and a jury-man [...]"
"IN the Business in Agitation touching Inrolling of Deeds, These things considerable. The Mischiefs at present to be remedied are, The Remedy propounded is, by an Office of Inrollment, or Registry of Conveyances. In this, as in all other Applications of Remedies to any Mischiefs, these things must be considered. But with due Consideration or Provision that those Inconveniencies introduced by the Remedy, may with as much Prudence as may be, be obviated, prevented, removed, or very much allayed by suitable Provisions against them. The first of these Considerations, namely the Application of the Remedy in a due Commensurateness, to the Mischief, must needs be by taking Care that there be no Room or Inlet for any such Deceit by secret Conveyances or Incumbrances of Estates: For if any one Leak be left unstopt, the Vessel will sink as well as if more were open. And if any one Device be left unprovided for, thither will fraudulent Persons betake themselves, and get out of the Remedy intended. Therefore, For if any of these be not Inrolled or Registred, or some way rendred open to the view of every Person, a Man may be cheated or deceived. And what is odds, whether a Man be deceived by a secret Mortgage or Judgment? or by a secret Lease for Lives or Years, or by a secret Settlement, or Devise or Will? And all these must be secret to him that hath no ready means to discover them: The Remedy whereof is designed in this publick Registry. And yet further, If the Remedy be intended as large as the Disease, this Registry must not only look forward, but it must look backward, (viz.) That all Estates and Incumbrances now in Being, as well as those that shall be hereafter, must be laid open to the View, otherewise the Provision is not commensurate, there being in all probability a Stock of latent Incumbrances and Charges upon Lands, which may serve at least to deceive and cheat this present Age, and the next also. Therefore unless there be some Notification of present Incumbrances as well as future, we but lay up a Security, that it may be of use an Hundred Years hence, and leave the present and intervening Ages in as bad, if not worse Condition, than we find them. Therefore a Remedy commensurate to the Mischief must needs provide for the Registring all Estates and Interests, and Charges of Lands, and that as well for the time past, as time to come; otherwise the Plaister is too narrow for the Sore. 2. The second Consideration is, Whether this be possible to be done? Indeed it is a fine thing in the Theory and Speculation, and a Man that fixeth his Thoughts upon the good that might come by such an Expedient, without troubling himself with the Difficulties that lie in the way to it, may drive it on very earnestly; but he that shall consider the Difficulty of it, will easily see that it is but a Notion and Speculation, and cannot be effected or reduced into practice, at least not without immense Confusion. The Difficulties that attend this Design, are either such as relate to the Inrolling of Estates now in Being; or secondly, The Inrolling of Estates hereafter to made or granted; or Thirdly, Such Difficulties as relate to both. Liberty. Penalty. 1. The Difficulties that attend the Inrolling of Estates now in Being, or past, these seem insuperable. In order to the discovery hereof, we must suppose, that either every Man shall be at Liberty to Inroll or Register his Estate, or it must be under his Penalty, that if he fail herein, he must lose his Estate. If we suppose the