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第5章

free trade-第5章

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become common unto them。 Whereby also; their Navigation is

wonderfully encrea'st their Mariners are multiplied; and

exceeding great Trades maintained into all parts of the Christian

world。 And victuals commonly yeelding ready money; and

tolleration of exportation thereof; the same hath redounded to an

infinite enriching of their Countries with Treasure; exhausted

out of these Mines of our's。

    I am not ignorant that a learned man of that side; pressing

hard in a Treatise entituled Mare liberum; the Community and

Freedome of the Sea against the Portugall Trade into the East

Indies: doth cunningly and obliquely; under the covert terms of

Populi Romani littus; defend and maintaine; in the fifth chapter

thereof; their fishing upon our Coasts。 For thus hee concludeth;

Nemo igitur potest apopulo Romano ad littus marius accedere

prohiberi; & retia siccare; & alia facere; quae semel onmes

hominibus in perpetuum sibi licere voluerunt。 And again; Exteris

ius piscandi; ubique immune esse debet。

    To part of which Treatise; there is an answere entituled; De

Dominio Maris; to which I referre those that desire further

satisfaction in this matter。 But in my judgement; which I submit

to better judgement; the Author of Mare liberum; though otherwise

very learned; strayneth his Arguments for that purpose beyond

their strength。 For Jus is said to be scriptum; or Non scriptum。

And by both these; the proprieties of the Seas may be proved; to

belong to those Princes and Countries; to which they are next

adjacent。

    For Custome; the examples of our Neighbour Countries round

about us are frequent。 As of Coeldine; Groeneland; Norway; and

Frisland; under the King of Denmark。 Tunny fishing under the Duke

of Medina。 The Gulfe of Venice that Seignory。 And many others I

might instance: In all which there is no liberty of fishing; but

by speciall priviledge had from those Princes to whom the same

belongeth。 Which being so we may wel conclude with the Poet; Cum

ventum ad verum est; sensus moresque repugnant。

    For the Law it selfe; it is not hard to produce some of his

owne Authors against himselfe。 As the Emperour Leo: of whome he

thus speaketh; Voluit {Greek word omitted}; hoc est; vestibula

maritima eorum esse propria; qui oram habitarent; ibique eos ius

piscandi habere。

    Also Rodericus Suarius; whose testimony because he was a

Spaniard; he produceth against the Portugals in the end of his

fifth Chapter; whom; if hee had pleased; hee might also have

cited thus speaking: Redditus piscariarum consueti; ut est

gabella; seu aliud tributum solui conseuetum; de his quae in mari

piscatores faciunt; seu a mercantoribus de his wuae emunt aut

vendunt; Principibus conceduntur。

    To which I will onely adde that of Bartolus; whom the

Civilians call Juris Lucernam; thus speaking: Ut Insulae in mari

proxime adiacenties; sic & mare ipsum ad Centum usque milliaria

pro territorio districtuque illius regionis cui proxime

appropinquat; assignatur。

    The rest that the Author of Mare liberum enforceth; of the

Community and freedome of the Sea to all Nations; he

understandeth of matters in question; betweene the Portugals and

those of his Nation; concerning their East India Trade; and not

of their fishing upon our Coasts。 Which Question in my judgement;

being out of question; were better determined by action then

disputation: It being a Royalty of the King; and a Regall

priviledge of this Kingdome; assigned by Almighty God。

    From the Fishing come wee to the Clothing or Drapery of this

Kingdome: the consideration wherof is of very high consequence;

and concerneth both the Soveraigne and the Subject; Noble and

Ignoble; even all sorts; and calling and conditions of men in

this Common…wealth。 For this is said to bee a Flower of the Kings

Crowne; the Dowry of the Kingdome; the chiefe Revenue of the

King。 This is a bound to fortifie; and a bond to knit the

subjects together in their severall societies。 This is the Gold

of our Ophir; the Milke & Hony of our Canaan; the Indies of

England: and therefore desire's and deserve's to be had in an

everlasting remembrance。

    The Draperies of this Kingdome are termed Old and New。 By the

Old; are understood Broad Clothes; Bayes and Kersies: By the New;

Perpetuanoes; Serges; Sayes; and other Manufactures of wooll。

    The causes then of the decay of trade in these Draperies; are

either Domestique or Forreine。 The Domestique causes; are some

Past; some Present。 Those Past; are apparent in the late

disturbance of the Cloth…Trade; which is so obvious to every man;

that I had rather passe by it; then presse upon it; because it is

past: and I would to God that so were the effects of it also。 In

charitie we may thinke it was good in the purpose; though it

prooved ill in the practice。 For thereby the Draperies of this

Kingdome; are much diminished; and the forreine advanced and

advantaged。 The quantitites of which last; were formerly few or

none; but now they exceede our highest numbers issued out of the

land: as by a collection thereof; which my selfe made in those

parts; by His Majesties speciall parts; by His Majesties

specially command; in the time of Secretary Winwoods service; may

appeare。

    These present; may be discern'd in the Cloth…trade; either

under the Clothier; or under the Merchant。 Under the Clothier;

either by ill making or false sealing the Cloth。

    For the making of good and true Cloth; many excellent lawes

have bin invented & enacted by the wisdome of the Parliaments of

this land; from time to time。 And the Statute of 4 of the King

Cap。 2 doth seeme to bee an Epitome or Compendiary of all the

former Statutes in this kinde。 In this Stature is prescribed; the

true breadth; and length; and waight; that may conduce to the

making of a true and perfect Cloth; Kersie or Manufacture。 If a

Clothier make a Cloth of lesse waight; then is set downe in the

said Statute; he offendeth in Quantitie: If of lesse breadth; or

length; or of forbidden kindes of wooll; hee offendeth in

Qualitie。 If a Clothier offend in neither of these by his owne

act; yet he may offend in both; by his instruments or workemen:

Either by the Weavers; in not putting in the stuffe at the

making; or by the Tuckers in pulling out the stuffe after the

making thereof。

    A Cloth also may be well made; & yet false sealed。 A Cloth

may be said to be lawfully made; when it is truly sealed。 For

although it may be impossible to make some Clothes; just of those

quantities and quanlities prescribed by the Statute; as the

Clothiers terme is; A man cannot cast a cloth in a mould: yet I

hope; they will give me leave to say; that it is possible that a

Cloth may bee true sealed; though false made。 And then a Cloth

ill made; and true sealed; whereby the buyer may see what he hath

for his money; may bee said to bee a good or lawfull Cloth

according to the Statute。

    Now the execution of the Statute for Searching and Sealing of

Clothes; seemeth to be referred to two sorts of men: which are

either the Aulnager or Seacher。 the former may seeme originally

to have beene an Officer appointed for that purpose; as well as

by the Notation of the name; as by some Ancient Statutes。 For

Aulne; and Aulnage; and Aulnagier; are all French words; taken

from the measuring of Cloth。 And thence it is; that in that

tongue they are wont to say Auner draps to measure Clothes; by a

Trope taken from the Instrument by which they are measured。

    But because the care of the Aulnage is committed to so Noble

and Honourable a Personage; that will not suffer any abuse in the

execution of that office: and the said Statute of 4 Jacobi; and

the former Statutes of 39 and 43 Elizabethae; doe referre the

Searching and Sealing of Clothes; to certaine Overseers or

Searchers; so called by the said Statutes; I will proceede unto

them。

    And forasmuch as Execution is the life of the law; as His

Majestie in his high wisedome admonisheth: and the Prudence and

providence of the State; have beene very great in devising and

enacting such good lawes fro

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