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第13章

free trade-第13章

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put this remedy in practise; that we seem no longer blind men; to

those Indian people。 But herein on both parts; are we humbly to

impore His Majesties Regall Intercession; that these differences;

betwixt the Dutch and Us; may no longer Hang in Suspence; but at

last be drawne to that happy and hopefull Period wee have so long

looked & longed for。 That so the Majesty of the King; arising

like the Glory of the Sun…rising upon this our Horizon; may

dispell and disperse all the tempestuous Mists and Fogges; that

have obscured the same; and lend such a glorious Light and Life

unto this Orbe of ours; that They & We; like lovers and friends

fallen at oddes; may be redintegrated; renewed; and reunited; in

unfaigned Amitie and Unity; tha the name of Hostilitie betwixt

Them and Us; be never hereafter told in Gath; nor publish't in

the Streets of Ashcalon: And that the Publike complaints as well

of their Owne people; as Ours; may no longer come under the view

and censure of the world。

    Another Remedy of this kinde; may bee His Majesties gratious

protection of the Persian Trade now so happily set on foote: that

so neither the Envy of any; at Home; nor the Power or Policy of

any abroad; supplant us in the same。 Whereby the Cloth and Tinne;

and other the Native Commodities of this Kingdome; may be brought

into Use and Commerce amongst the Persians also。 Which through

Gods blessing; and his Majesties Royall Assistance; may be a

means to draw the whole Trade of the Persian silke into this

Kingdom; and make it the Magazin thereof; for the supply of other

Nations: to the weakning of the Turkes power; the increase of

Trade in this Common…wealth; and with it His Majesties Customes;

the Navigation; and employment of the poore: to the Great Honour

of the King; and enriching of all His Kingdomes。

    And so much for the Remedies about the matter of Trade in

Money; the Merchandize followeth。 Which I considered Jointly or

Apart。 The things that hindred the whole Trade; I noted to be

Deficient; as the want of Money; or the East India Stocke; which

have their Remedy before: or Efficient; as Usury and Litigious

Suits of law; to the Remedies whereof we now proceede。 The Remedy

for Usury; may be plenty of Money。 For then; men will have no

such cause to take Money at interest; as when Money is scant。 For

as it is the scarcitie of Money that maketh the high rates of

interest: so the plentie of Money will make the rates Low; better

then any Statute for that purpose。 For although in the

Netherlands; it is lawfull for a man to take twenty in the

hundred if he can get it (wherein it seemes the Author of the

Tract against Usuary was misinformed) yet there; commonly money

is let at 6 and 7 in the hundred; by reason of the plenty of

Money。

    Or there is another Remedy for Usury; in giving liberty to

the subjects if so it may seeme good to His Majesties High

Wisedome) to buy and sell; and to transport Billes of debt from

man to man: according to the Custome of Germany and the Low

Countries。 Which is found to be an excellent meanes to supply

mens wants in course of trade; and tendeth also to the enlarging

thereof。 And for the Extorsion upon the poore above noted: if a

stocke of Money were raised in manner of a Lumbard; or otherwise

in London; and in the Countries whre much poore depend on

Clothing; and else…where where there is cause; whereby the

multitudes of poore wherewith the Kingdom swarmeth; might be from

time to time supplied for a small consideration; it would

certainly give great encouragement to the poore to labour; it

would set on worke many fatherless children that are ready to

sterve; it would benefit the Common…wealth by their labours; and

it would be an acceptable worke to Almighty God; so to supply

their wants; and not to suffer the faces of the poore to be

ground by the extorsion of any。 And I am perswaded; that every

good man would be willing; either to give; or to lend; toward the

raising of a stocke of Money for this purpose。

    For Litigious suits of Law; if men bestowed halfe that study

and cost in trade; which now adies is spent in temerous and rash

suits of Law; surely the benefite that thence would arise to the

Common…wealth; would equall or exceede in value; that which is

spent in Law; which I thinke cannot be valued。 The Remedy

requireth great consideration for such is the Cause。

    That the suites of Law in this Kingdome are now infinitely

increast; to that they were in elder times; I thinke it is out of

question: the Quaere is about the cause thereof。 Litigious suits

of Law; may seeme anciently to have beene restrained; either by

Sureties; or Fines; or both。 Of the Former there is yet a defaced

print in the Common…Pledges of Doe and Roe。 Which were of old the

names of true and reall sureties; but are now become formall

only; and saigned names of Course and Solemnity。 Whence also it

is; that in staed of Reall sureties in London; saigned sureties

are devised fromt he dwelling of the party Plaintife: As for

example: if the plaintife dwell in Cheape…side: they enter for

his Sureties upon the Record of Court; John Cheape; and Richard

Side。 And in like manner whresoever else the Plaintife dwelleth。

    Of the Latter; to wit of Fines; the use of them both in the

Kings Bench & Common…Pleas; continueth unto this day。 In the

Kings Bench the Fines are not so ancient for those began in the 8

yeare of His Majesties Happy raigne over this Kingdome: neither

are they of like value to those of the Common…Pleas。 Whereof His

Majesties made then a Graunt to certaine Patentees for terme of

yeares。 But in the Common…Pleas; the Fines upon Originall Writs;

are held by the learned in the Law; to bee as ancient as the

Common…Law it selfe。

    Now whether the use of Sureties; or the Institution of Fines;

were invented for the restraint of Ligitious suits of Law: or the

Disuse and inequality of them; tendeth to the encrease thereof; I

humbly leave that; to the wisedome and judgement of the Reverend

Judges; and others learned in the Law: least I seeme {Greek

phrase omitted}。 Neverthelesse there seems to me; to be a print

of them; in the Lawes and Customes of Forreine Nations。 For

which; if you please; let us heare Maimon a great Rabbi。 Hebraei;

litigiosum hominum genus; saith he; duplum rependere coegerunt;

qui debitum scienter denegaret。

    Also Festus Pomeius; cited by Bodin。 Romani; decimam partem

eius rei; quae in controversiam veniret in privatis; aut

trouersiam veniret in privatis; aut quintam in publicis iudiciis;

imperiabant; Ac licet Romanie in Republica libera; Vectigalia &

tributa imperare fibi difficilime paterentur; Vectigalia tamen

Iudiciaria patienter tulerunt。

    Also Hootoman。 Romani Sacramentum constituerunt; certam viz。

pecuniae summanm; ut qui indicio vicisset; suum sacramentum

auferret; victi aute ad aerarium rediret。

    And lastly Bodin。 Carolus IX。 Vectigal Iudiciarium ad

cohibendam litigatorum hominum indomitam atque effrenatam

licentiam imperauit。 Quo vix ullum afflictis aerarii opibus

utilius; & Galliae Imperio litium innumerabili multitudine

appresso; splendidius cogitari poterat。

    There is also in France an excellent restraine of Law suits;

by a Law Merchant; establihsed in Roan; Lions; and Tholosa:

whereby the other higher Courts of Justice are eased of those

Knotty questions that often fall out in matters of Commerce;

which are harder to bee determined by the learned in the Law; and

not so hard for Merchants and men of Trade。

    Like to which; is that of the Court of Conscience; and the

office for Pollicies of Assurance in London。 The one granted by

an Act of Parliament; in the 3 yeare of His Majesties happy

Raigne; the other by the Stature of 43 Eliz。 And both are

executed by Merchants and men of Trade: though in the latter the

Statute joineth certaine Civill and Common Lawyers with them in

Commission; to assist them when there is cause: because such

Assurances are grounded on the Civill Law。 By which meanes His

Majesties other Courts of Justice are eased of the multipliciti

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