SECTION V (2)

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THE ENCOURAGEMENT OF INDUSTRY AND COMMERCE

1. Letters Patent granted to the Cabots by Henry VII, 1496—2. The Merchant Adventurers' Case for Allowing the Export of Undressed Cloth, 1514-36—3. The Rise in Prices, the Encouragement of Corn growing, and the Protection of Manufactures, c. 1549—4. Sir Thomas Gresham on the Fall of the Exchanges, 1558—5. The Reasons why Bullion is Exported [temp. Eliz.]—6. The Italian Merchants Explain the Foreign Exchanges, 1576—7. An Act Avoiding divers Foreign Wares made by Handicraftsmen Beyond the Seas, 1562—8. An Act Touching Cloth Workers and Cloth Ready Wrought to be Shipped over the Sea, 1566—9. Incorporation of a Joint Stock Mining Company, 1568.—10. An Act for the Increase of Tillage, 1571—11. Instructions for an English Factor in Turkey, 1582—12. The Advantages of Colonies, 1583—13. Lord Burghley to Sir Christopher Hatton on the State of Trade, 1587—14. A List of Patents and Monopolies, 1603—15. Instructions Touching the Bill for Free Trade, 1604—16. The Establishment of a Company to Export Dyed and Dressed Cloth in Place of the Merchant Adventurers, 1616—17. Sir Julius CÆsar's proposals for Reviving the Trade in Cloths, 1616—18. The Grant of a Monopoly for the Manufacture of Soap, 1623—19. The Statute of Monopolies, 1623-4—20. An Act for the Free Trade of Welsh Cloths, 1623-4—21. The Economic Policy of Strafford in Ireland, 1636—22. Revocation of Commissions, Patents, and Monopolies Granted by the Crown, 1639—23. Ordinance Establishing an Excise, 1643.

The attempts made between 1405 and 1660 to develop industry and commerce are usually known as "the Mercantile System." But the name is an unfortunate one. The mercantile system was not specially mercantile; for, as preceding sections have shown, government interference was not confined to matters of commerce; nor was it a system, but a collection of opportunist expedients, nearly all of which had been tried in preceding centuries. It is true, however, that after the accession of Elizabeth, the efforts already made under Henry VII and Henry VIII to foster commerce (see Schanz, Englische Handelspolitik gegen Ende des Mittelalters) were carried on with greater persistency and deliberation. It is from this period, therefore, that the documents in this section are principally drawn.

The most pressing economic problem in the middle of the sixteenth century was the fall in the value of money, caused, principally, by the influx of silver from America, but to a less extent by the debasement of the currency, which led to a rise in prices (No. 3), and a disturbance of the foreign exchanges (Nos. 4 and 5), and which could be met to some small extent by calling in the base coin (Nos. 4 and 5). This the government did in 1560. In 1570, in its anxiety to prevent the efflux of bullion, it took steps to impose a special tax on all exchange transactions, but such a tax was really a tax on banking, and its consequences, according to the business houses concerned, were disastrous (No. 6). The most certain way, however, of securing adequate supplies of bullion was thought to consist in checking imports and encouraging exports (Nos. 3 and 5); and the policy was strengthened by other considerations (No. 3). The general policy under Elizabeth was to discourage imports in order to prevent unemployment at home (Nos. 3 and 7), to encourage corn-growing by allowing the export of wheat, except in times of scarcity, on payment of a small duty (Nos. 3 and 10), and to encourage the export of manufactured articles rather than of raw materials, especially the export of dyed and finished cloth (Nos. 3, 8, 11 and 12), any interruption of which caused distress (No. 13). The policy which had been pursued under Henry VIII threatened the vested interests of the Merchants Adventurers, who complained that they could not find markets for finished cloth (No. 2). In the reign of James I a more ambitious attempt was made in the same direction, and in 1614, when the abrupt dissolution of Parliament had left the government in financial difficulties, a plan was initiated for preventing the exportation of cloths not dyed and dressed in England. As the Merchant Adventurers refused to be a party to it, a new company was established to carry on the desired trade, and was granted a charter in 1616 (No. 16). The result of this policy was a tariff war with the Netherlands and acute distress at home, and, after various suggestions for reviving trade had been made (No. 17), the abandonment of the undertaking. The political motives of mercantilism, as well as its economic aims, are illustrated by Strafford's account of his policy in Ireland (No. 21). Of more enduring importance, perhaps, than mercantilist schemes were the development of Joint-Stock Companies (No. 9), the expansion of commercial enterprize (No. 11), and the attempts to establish colonies (No. 12).

Among the methods for fostering industry, and incidentally for raising an unparliamentary revenue, the granting of patents and monopolies holds an important place. These patents ranged from grants of the sole conduct of important industries (Nos. 14 and 18) to grants of trifling offices of profit and pensions (Nos. 14 and 22). The reaction against the interference of the Crown with trade is excellently expressed in the report of the Committee on "the Bill for Free Trade" (No. 15), a document which, in spite of the fact that the Bill was dropped, is of the highest economic and constitutional importance (see Gardiner, Vol. I, pp. 188-190). It is concerned primarily with monopolies enjoyed by trading companies, such as the Company of Merchant Adventurers, the Eastland Company, and the Russia Company. But its arguments apply a fortiori to patents granted to individuals, and throw much light on the nature of the economic opposition to the Stuarts. The effect of the attitude of Parliament was seen later in the Act abolishing internal and local restrictions on the trade in woollen cloths (No. 20), in the Statute of Monopolies (No. 19), and in the revocation by Charles in 1639 of patents granted during the period of personal government (No. 22). The place occupied by monopolies in the Stuarts' fiscal system was later, when the Civil War began, partially filled by the Excise (No. 23).

AUTHORITIES

There is no book covering the commercial history of the whole period. The most useful works are:—Schanz, Englische Handelspolitik gegen Ende des Mittelalters; Cunningham, English Industry and Commerce, Modern Times, Part I; Scott, Constitution and Finance of English Joint Stock Companies; Busch, England Under the Tudors; Gardiner, History of England 1603-1642; Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries; Rogers, English Industrial and Commercial Supremacy, and The Economic Interpretation of History; Ehrenberg, Das Zeitalter der Fugger; Price, The English Patents of Monopoly; Hewins, English Trade and Finance in the Seventeenth Century; Kennedy, English Taxation, 1640-1799; Schmoller, Mercantilism (translated by Ashley); Keith, Commercial Relations Between England and Scotland; Murray, Commercial Relations Between England and Ireland; Beer, The Old Colonial System; Durham, Relations of the Crown to Trade under James I (Trans. R.H.S., New Series, Vol. XIII).

The student may also consult the following:—

(1) Documentary Sources:—Gairdner, Letters and Papers of Henry VIII; S.P. Dom. from 1558 to 1660; The Acts of the Privy Council; The Commons Journals; and the Statutes of the Realm, which are particularly instructive on the subject of commercial policy. An invaluable collection of documents is given by Schanz, op. cit., Vol. II; and useful, though smaller ones, by Scott, Price, Cunningham, and Unwin.

(2) Literary Sources:—Starkey, Dialogue Between Cardinal Pole and Thomas Lupset; The Italian Narration of England (Camden E.E.T.S. Society, 1847); Dudley, The Tree of Commonwealth (1509); Drei Volkswirtschaftliche Denkschriften aus der Zeit Heinrich VIII von England, edited by Pauli; The Commonwealth of this Realm of England; Wilson, Discourse upon Usury (1572); Malynes, A Treatise of the Canker of England's Commonwealth (1601); Wheeler, Treatise of Commerce (1601); Malynes, Consuetudo vel Lex Mercatoria (1622); Misselden, Free Trade (1622); Bacon, History of King Henry VII (1622); Knowler, Letters and Despatches of Thomas Wentworth, Earl of Strafford; Robinson, England's Safety in Trade's Increase (1641).

1. Letters Patent Granted to the Cabots by Henry VII [R.O. Pat. 4 Ed. VI, p. 6], 1496.

The King to all to whom, etc., greeting. It is manifest to us by inspection of the rolls of our Chancery that the lord Henry the Seventh, late King of England, our dearest grand father, caused his letters patent to be made in these words:

Henry by the grace of God King of England and France and Lord of Ireland, to all to whom the present letters shall come, greeting. Be it known and manifest that we have given and granted, and by these presents we do give and grant for us and our heirs to our beloved John Cabot, citizen of Venice, and Lewis, Sebastian and Sanctus, sons of the said John, and the heirs and deputies of them and every of them, full and free authority, faculty and power to sail to all parts, regions and gulfs of the sea, east, west and north, under our banners, standards, and ensigns, with five ships or boats of whatsoever portage or kind they be, and with as many sailors and men as they wish to take with them in the said ships at their own and the others' costs and expenses, to find, discover and search out any isles, countries, regions or provinces of heathens and infidels whomsoever set in any part of the world soever, which have been before these times unknown to all Christians. We have granted also to the same and to every of them and to the heirs and deputies of them and every of them, and given licence for them to affix our aforesaid banners and ensigns in any town, castle, isle or solid land soever newly found by them; and that the aforenamed John and his sons or heirs and the deputies of the same may subjugate, occupy and possess any such towns, castles and islands found by them which can be subjugated, occupied and possessed, as our vassals and governors, lieutenants and deputies of the same, acquiring for us the lordship, title and jurisdiction of the same towns, castles, islands and solid land so found; so, nevertheless, that of all fruits, profits, emoluments, commodities, gains and obventions arising from such voyages, the aforesaid John and his sons and heirs and their deputies be held and bound to pay to us for every voyage, as often as they touch at our port of Bristol, at which alone they are held and bound to touch, after deducting the necessary costs and expenses made by them, a fifth part of their capital gain made whether in wares or in money; giving and granting to them and their heirs and deputies that they be free and immune from all payment of customs on all and singular goods and wares which they bring back with them from those places so newly found. And further we have given and granted to the same and to their heirs and deputies that all lands, farms, isles, towns, castles and places whatsoever found by them, as many as shall be found by them, may not be frequented or visited by any other our subjects soever without licence of the aforesaid John and his sons and their deputies, under pain of loss as well of the ships or boats as of all goods whatsoever presuming to sail to those places so found; willing and most straitly commanding all and singular our subjects set as well on land as on sea that they give good assistance to the aforesaid John and his sons and deputies and show all their favour and aid as well in manning the ships or boats as in provision of equipment and victuals to be bought for their money and all other things to be provided for them to be taken for the said voyage. In witness whereof we have caused these our letters patent to be made. Witness myself at Westminster, 5 April in the 11th year of our reign.

And we, because the letters aforesaid have been lost by mischance, as the aforesaid Sebastian, appearing in person before us in our Chancery, has taken a corporal oath, and that he will restore those letters to us into the same our Chancery to be cancelled there, if he shall find them hereafter, have deemed fit to exemplify by these presents the tenour of the enrolment of the letters aforesaid, at the request of the same Sebastian. In witness whereof these our letters, etc. Witness the King at Westminster, 4 June.

2. The Merchant Adventurers' Case for Allowing the Export of Undressed Cloth [Br. M. Cotton MS. Tib. D. VIII, f. 40[303]], 1514-1536.

Considerations alleged by the governor and fellowship of merchant adventurers to prove how it were more for the universal wealth of the realm of England to convey and send over the sea to the markets accustomed cloths of all prices, not dressed nor shorn, than cloths dressed and shorn.

First it is to be noted, marked and considered, that in few years after the act of Parliament made, that no sort of cloths draped and made within the realm of England being above the price of five marks sterling the piece should be conveyed over the sea undressed and unshorn, the same sort of cloths, which at that day were bought for five marks, be now at this present day by the industry of the said merchants uttering the said cloths sold within the realm for four pounds sterling, which is a great enriching of the whole realm, so that the said merchants think it to stand with reason and conscience, that those sort of cloths, of four pounds the piece, ought to be reputed and taken, in regard of the act, after cloths of five marks the piece.

Item the merchants of those parts buying English cloths will in no wise meddle with any cloths, that be dressed, unless they may have them at a price far under the foot; for it is in experience daily, that the merchants of England conveying over the sea a sort of cloths every of them being of like length and goodness, whereof the one half of them have dressed and shorn and the other half undressed and unshorn, the said merchants shall sell those cloths being undressed five shillings dearer in every cloth, than those that be dressed; also those cloths undressed be meet and ready for every man and the other dressed but only for one man, so that against one cloth dressed the merchants of England shall sell five hundred undressed, whereby it appeareth, that it were for the common weal and great enriching to the realm of England to send over into those parts all sorts of cloths undressed and but a singular and private wealth to dress any such cloths; for there be many more in number, that live by making of cloths and selling of the same, than there be that live by dressing of cloths.

Item the common people of those parts, by whom the most part of those cloths be consumed, do use in their garments sundry colours not accustomed to be worn here in England, which colours cannot be made, unless they buy their cloths undressed; for the dressing of cloths here and there vary and alter so much, that the dressing will take in manner none of their colours. And in case the merchants of England should bring over such cloths dressed, they should not only be undone in the sale of them, but also it were to be doubted, that in brief time after they would wholly relinquish the buying and wearing of any English cloths in those parts, which God defend.

Item there be certain coarse cloths named long Glemsters, and notwithstanding their coarseness the King's Grace is paid for a cloth and a third part in his custom; and if the buyer will cut off 6 or 8 yards of the said cloth, he may lawfully convey it over notwithstanding the act, which should be a great loss in the sale and an occasion that the strangers should not buy them, wherefore the said governor and merchants say, that the said cloths ought of right to pass for cloths under five marks the piece.

Item at this present day, our Lord be thanked, there is shipped and conveyed out of England into those parts more number of cloths of all sorts and there uttered sold and consumed, than ever hath been in memory of man; and considering, cloth is now there in such high estimation and hath so good vent, the said merchants think, under correction, that it were not necessary, but an utter peril and danger, to attempt them to any other purpose to alter them out of this good trade, which our Lord continue.

Item the inhabitants of those parts by the make of English cloths in frieze consume, waste and spend a great quantity and number of them, which frieze undoubtedly after their using and wearing cannot be made of English cloths dressed here, so that by the only means thereof it should be a great diminution and decay to the common weal of this realm, if the said act for dressing of cloths should take place or effect.

Item the inhabitants of the realm of England have the buying and selling of the wool, one with another, they have also the carding, spinning, weaving, fulling and the first sale of such cloths, and the inhabitants of those parts have only the dressing and shearing of certain of the said cloths, whereby the inhabitants there been a little relieved and a few number of them for a time set to work; yet by means thereof the rulers and honest burgesses of the towns be desirous to have the nation of England to haunt their said towns, and entertain them with much familiarity and friendship. And it is much to be feared and doubted, that if the realm of England should all covet and they to have no relief nor comfort by the same, that they of Antwerp and other places, studying their common weal, would not only find means ways and occasions to expel the nation from them, but also that no English cloths should be there consumed nor sold, which our Lord defend.

[303] Quoted Schanz, Vol. II, pp. 571-3.

3. The Rise in Prices, the Encouragement of Corn-growing, and the Protection of Manufactures [The Commonweal of this Realm of England], c. 1549.

f. 17b-f. 20.

Knight. How can that be? What maketh it the matter what sort of coin we have amongst ourselves, so it be current from one hand to another, yea, if it were made of leather?

Doctor. Ye see, men commonly say so; but the truth is contrary; as not only I could prove by common reason, but also that proof and experience hath already declared the same. But now we do not reason of the causes of these griefs, but what state of men be grieved indeed by this dearth of things; and albeit I find every man grieved by it in one thing or other, yet considering that, as many of them as have wares to sell, do enhance as much in the price of all things that they sell as was enhanced before in the price of things that they must buy; as the merchant, if he buy dear, he will sell dear again. So the artificers, as cappers, clothiers, shoemakers and farriers, have respect large enough, in selling their wares, to the price of victual, wool and iron, which they buy. I have seen a cap for 14d., as good as I can get now for 2s. 5d.; of cloth ye have heard how the price is risen. Then a pair of shoes costeth me 12d. now, that I have in my days bought a better for 6d. Then I can get never a horse shod under 10d. or 12d. [now], where I have seen the common price was 6d. for shoeing of a horse round, yea, and 8d. (at the most) till now of late. I cannot, therefore, understand that these men have greatest grief by this common and universal dearth, but rather such as have their livings and stipends rated at a certainty, as common labourers at 6d. the day, journeymen of all occupations, serving men [at] 40s. the year, and gentlemen whose lands are let out by them or their ancestors either for lives or for term of years, so as they can not enhance the rent thereof though they would, and yet have the price enhanced by them of every thing that they buy. Yea the King's Highness, whereof we spake nothing all this while, as he hath most of yearly revenues and that certain, so hath he most lost by this dearth, and by the alteration especially of the coin. For like as a man, that hath a great number of servants under him, if he would grant that they should pay him [pins] weekly where [before] they paid him [pence], I think he should be most loser himself. So we be all but gatherers for the King's Majesty, that be his subjects; we have but every man a poor living; the clear gains cometh for the most [part] to the King's grace. Now if his Grace do take of us the overplus of our getting in this new coin, where he was wont to be paid in other good coin, I report me to you whether that will go as far as the other, in proportion of his necessaries and of the Realm. I think plainly no; for though his Highness might, within his own realm, have things at his own price, as his Grace can not indeed without great grudge of his magistrates and subjects; yea, since his Majesty must have from beyond the seas many things necessary not only for his Grace's household and ornaments, as well for his grace's person and family, as of his horses, which [percase] might be by his Grace somewhat moderated, but also for the furniture of his wars, which by no means can be spared; as armour, and all kinds of artillery, anchors, cables, pitch, tar, iron, steel, handguns, gunpowder, and many other things more than I can reckon, which his Grace must needs buy from beyond the seas, at the price the stranger will set him them at. I pass over the enhancement of the charges of his Grace's household, which is common to his grace with all other noble men. [Therefore], I say, his Majesty hath most loss, by this common dearth, of all other; and not only loss, but danger to the Realm and all his subjects, if his Grace should want treasure to purchase the said habiliments and necessaries for war, or to find soldiers in time of need, which passeth all other private losses that we spake of.

Capper. We hear say, that the King's Majesty maketh up his losses that way by the gains which he hath by the mint another way. If that be too short, he supplieth that lack by subsidies and impositions of his subjects, so as his Grace can not lack, so long as his subjects have it.

Doctor. You say well there. So long as the subjects have it, so it is meet the King should have it; but what and they have it not? for they cannot have it, when there is no treasure left within the realm. And as touching the mint I account the profit much like as if a man would take his wood up by the roots, to make [the more profit thereof at one time, and ever after to lose] the profit that might grow thereof yearly, or to pull the wool of his sheep by the root. And as for the subsidies; how can they be large when the subjects have little to depart with? and yet that way of gathering treasure is not always most safe for the prince's surety; for we see many times the profits of such subsidies spent in appeasing of the people that are moved to sedition partly by occasion of the same....


f. 31b-f. 34.

Doctor. Mary, the first way [sc. to equalize the profits of tillage and pasture-farming] is to make that wool be of as base a price [to] the breeder thereof as the corn is; and that shall be, if you make alike restraint of wools, for passing over the sea unwrought, as ye make of corn. Ye have a law made that no corn shall pass over and it be above a noble a quarter; if it be under ye give free liberty for it to pass over; let wool be restrained likewise, for passing over, so long as it is above 12s. 4d. the tod; and when it is under let it have free passage; that is one way. Another is, to increase the custom of wool that passeth over unwrought; and by that the price of it shall be based to the breeders, and yet the price over the sea shall be never the less. But that is increased in the price thereof [on] strangers shall come unto the King's Highness; which is as profitable to the Realm as though it came to the breeders, and might relieve them of their subsidies. Thus far as touching the bringing down the price of wools; now to the enhancing of the same price in corn, to be as equivalent to the husbandman as wool should be. And that might be brought to pass if ye will let it have as free passage over sea at all times, as ye have now for wool.

Merchant. By the first two ways men would send less wool over sea than they do now; and, by that way, the King's customs and profits of his staple should be minished; by your latter way, the price of corn should be much enhanced, wherewith men should be much grieved.

Doctor. I wot well it would be dear at the first; but if I can persuade you that it were reasonable it were so, and that the same could be no hindrance to the Realm universally, but great profit to the same, then I think we would be content it should be so; and as touching the King's custom, I will speak afterward.

Merchant. I will grant, if you can show me that.

Doctor. I will essay it, albeit the matter be somewhat intricate, and as I showed you before, at the first face will displease many; for they will say, Would you make corn dearer than it is? Have you dearth enough else without that? Nay I pray you find means to have it better cheap, if it may be, it is dear enough already; and such other like reasons would be said. But now let the husbandman answer such men again. Have not the grazers raised the price of your wools and pelts? and you merchant men, clothiers and cappers, raised the price of your merchandize and wares over it was wont to be in manner double? Is it not as good reason then I should raise the price of my corn? What reason is it that you should be at large, and I to be restrained? Either let us all be restrained together, or else let us all be at like liberty. Ye may sell [your wool] over the sea, your fells, your tallow, your cheese, your butter, your leather, which riseth all by grazings, at your pleasure, and that for the dearest penny ye can get for them. And I shall not send out my corn, except it be at 10d. the bushel or under. That is as much to say, as we that be husbandmen should not sell our wares, except it be for nothing, or for so little we shall not be able to live thereof. Think you that if the husbandman here did speak these words, that he did not speak them reasonable?

Husbandman. I thank you with all my heart; for you have spoken in the matter more than I could do myself, and yet nothing but that is true. We felt the harm, but we wist not what was the cause thereof; many of us saw, 12 years ago, that our profits was but small by the ploughs; and therefore divers of my neighbours that had, in times past, some two, some three, some four ploughs of their own, have laid down, some of them [part, and some of them all] their teams, and turned either part or all their arable ground into pasture, and thereby have waxed very rich men. And every day some of us encloseth a [plot] of his ground to pasture; and were it not that our ground lieth in the common fields, intermingled one with another, I think also our fields had been enclosed, of a common agreement of all the township, long ere this time. And to say the truth, I, that have enclosed little or nothing of my ground, could [never be able] to make up my lord's rent were it not for a little breed of neat, sheep, swine, geese, and hens that I do rear upon my ground; whereof, because the price is somewhat round, I make more clear profit than I do of all my corn; and yet I have but a bare living, by reason that many things do belong to husbandry which now be exceeding chargeable over they were in times past.

Capper. Though this reason of master doctor's here doth please you well that be husbandmen, yet it pleaseth us that be artificers nothing at all, which must buy both bread, corn and malt for our penny. And whereas you, master doctor, say it were as good reason that the husbandman would raise the price of his corn, and have as free vent of the same over sea as we [do and have of our wares], I cannot greatly deny that; but yet I say, that every man hath need of corn, and so they have not of other wares so much.

Doctor. Therefore the more necessary that corn is, the more be the men to be cherished that reared it; for if they see there be not so much profit in using the plough as they see in other feats, think you not that they will leave that trade, and fall to the other that they see more profitable? as ye may perceive by the doings of this honest man's neighbours, which have turned their arable land to pasture, because they see more profit by pasture than by tillage. Is it not an old saying in [Latin], honos alit artes, that is to say, profit or advancement nourisheth every faculty; which saying is so true, that it is allowed by the common judgement of all men. We must understand also that all things that should be done in a common wealth be not to be forced, or to be constrained by the straight penalties of the law; but some so, and some other by allurement and rewards rather. For what law can compel men to be industrious in travail, and labour of their bodies, or studious to learn any science or knowledge of the mind? to these things they may be well provoked, encouraged, and allured, if they that be industrious and painful be well rewarded for their pains, and be suffered to take gains and wealth as reward of their labours. And so likewise [they] that be learned, if they be advanced and honoured according to their forwardness in learning, every man will then study either to be industrious in bodily labour, or studious in things that pertain to knowledge. Take this reward from them, and go about to compel them by laws thereto, what man will plough or dig the ground, or exercise any manual occupation wherein is any pain? Or who will adventure over seas for any merchandise? or use any faculty wherein any peril or danger should be, seeing his reward shall be no more than his that sitteth still? But ye will percase answer me, that all their rewards shall not be taken away, but part of it. Yet then you must grant me, that as if all their rewards were taken from them, all these faculties must needs decay; so if part of that reward be minished, the use of those faculties shall minish withall, after the rate; and so they shall be the less occupied, the less they be rewarded and esteemed. But now to our purpose; I think it more necessary to devise a mean how husbandry might be more occupied, rather than less, which I cannot perceive how it may be brought to pass, but as men do see the more gains therein, the gladder they will occupy the feat. And this to be true [that] some things in a common wealth must be forced with pains and some by rewards allured [may appear] by that that the wise and politic senator Tully writeth, saying, that it was the words of Solon, which was one of the seven men of Greece, and of those seven the only man that made laws, that a common wealth was holden up by things chiefly, that is, by reward and pain; of which words I gather that men should be provoked to good deeds by rewards and price, and [to] abstain from evil doings by pains. Trow you, if husbandmen be not better cherished and provoked than they be to exercise to plough, but in process of time so many ploughs will be laid down (as I fear me there be already) that if an unfruitful year should happen amongst, us, as commonly doth once in seven years, we should then not have only dearth, but also such scarceness of corn, that we should be driven to seek it from outward parts, and pay dear for it....


f. 34b-f. 38.

Doctor. You have heard that by the free vent and sale of corn, the husbandman's profit is advanced. Then it is showed how every man naturally will follow that wherein he seeth most profit. Therefore men will the gladder occupy husbandry. And the more do occupy husbandry, the more plenty of corn must needs be; and the more plenty of corn there is, thereof better cheap; and also the more will be spared over that that shall suffice the realm; and then, that may be spared in a good year shall bring us again other corn, or else the commodities of other countries necessary for us. Then the more husbandry is occupied, the more universal breed should be of all victuals, as of neat, sheep, swine, geese, eggs, butter, and cheese, for all these are reared much of corn.

Knight. If men should sell, when a good reasonable year is, all that is overplus when the realm is served, what should we do if a barren year should happen, when no store of corn is left of the good year before?

Doctor. First, you must consider that men be sure they will keep enough to serve themselves within the realm, or they sell any forth of the same; and having liberty to sell at their pleasure, doubt ye not, but they had liefer sell their corn 2d. or 4d. better cheap within the realm, than to be at charges with carrying, and peril of adventure, in sending it over the sea, and sell it dearer (except it be for much more gains). And thus men, being provoked with lucre, will keep the more corn, looking for a dear year in the country, whereby must need be the greater store. And though they did not so, but should sell over the sea all that they might spare over that serveth the realm when the year is plentiful, yet by reason that, through the means aforesaid, more ploughs are set to work than would suffice the realm in a plentiful year, if a scarce year should fall after, the corn of so many ploughs, as in a good year would be more than enough, in [an unfruitful] year at the least should be sufficient to serve the realm. And so should the realm be served with enough of corn in a scarce year, and in a plenteous year no more than enough, which might be sold over the sea for great treasure or other commodities; where now, in a plentiful year, we seek to have as much as may suffice the realm. Then if a scarce year should happen, we must needs lack of our own to serve, and be driven to buy from beyond the sea. And then, if they were as envious as we are, might they not say, when we required any corn of them, that seeing they could get none from us, when we had plenty, why should they let us have any corn when we have scarcity? Surely common reason would that one region should help another when it lacketh. And therefore God hath ordained that no country should have all commodities; but that, that one lacketh, another bringeth forth, and that, that one country lacketh this year, another hath plenty thereof the same year, to the intent that one may know they have need of another's help, and thereby love and society to grow amongst all the more. But here we will do as though we had need of no other country in the earth, but to live all of ourselves; and [as] though we might make the market of all things as we list ourselves; for though God is bountiful unto us and sendeth us many great commodities, yet we could not live without the commodities of others. And, for an ensample, of iron [and] salt, though we have competently thereof, yet we have not the third part to suffice the realm; and that [can] in no wise be spared if we will occupy husbandry. Then tar, resin, pitch, oil, steel, we have none at all; as for wines, spices, linen cloth, silks, and collars, though we might live so without them, yet far from any civility should it be. As I deny not [but many things we might have here sufficiently that we buy now beyond the seas, and] many things we might spare wholly; whereof, if time shall serve, I will talk more hereafter. But now to return to the first point that I spake of before, to be one of the means to bring husbandry up, that is by abasing the estimation of wool and fells; though I take not that way to be as good as the other, for I do not allow that mean that may base any of our commodities except it be for the enhancement of a better commodity, but if both commodities may be enhanced together, as by the last device I think they might be, I allow that way better; nevertheless whereas you, brother merchant, showed before that either by restraining of wools or other commodities, till they were equivalent within the realm after the rate of the corn, or by enhancing the custom of wool and other the said commodities, were brought like to the corn in proportion, the King's Highness' custom should be minished, I think not so. For the one way, as much as he should have for the more wool vented over, so much should he have for the less wool at a greater custom vented over. And the other way is, as much as his Grace should lose by his custom of wool, so much or more should his Grace win by the custom of clothes made within the realm. But one thing I do note by this latter device, that if they should take place, we must do; that is, if we keep within us much of our commodities, we must spare many other things that we have now from beyond the seas; for we must always take heed that we buy no more of strangers than we sell them [for so we should empoverish ourselves and enrich them]. For he were no good husband that hath no other yearly revenues but of husbandry to live on, that will buy more in the market than he selleth again. And that is a point we might save much by of our treasure, in this realm, if we would. And I marvel no man taketh heed unto it, what number first of trifles cometh hither from beyond the seas, that we might either clean spare, or else make them within our own realm, for the which we pay inestimable treasure every year, or else exchange substantial wares and necessary for them, for the which we might receive great treasure. Of the which sort I mean glasses, as well looking as drinking, as to glass windows, dials, tables, cards, balls, puppets, penhorns, inkhorns, toothpicks, gloves, knives, daggers, pouches, brooches, agletes, buttons of silk and silver, earthen pots, pins, points, hawk's bells, paper both white and brown, and a thousand like things, that might either be clean spared, or else made within the realm sufficient for us. And as for some things, they make it of our own commodities and send it us again; whereby they set their people on work, and do exhaust much treasure out of this realm. As of our wool they make cloth, caps, and carses; of our fells they make Spanish skins, gloves, girdles; of our tin, salts, spoons and dishes; of our broken linen cloth and rags, paper both white and brown. What treasure, think you, goeth out of this realm for every of these things? And then for all together it exceedeth my estimation. There is no man that can be contented with any other gloves than is made in France or in Spain; or carse, but it must be of Flanders dye; nor cloth, but it must be of French dye or fresadow; nor brooch nor aglet, but of Venice making or Milanese; nor dagger, sword, nor girdle, or knife, but of Spanish making; no, not so much as a spur, but it must be fetched at the milliner's hand. I have seen within these twenty years, when there were not of these haberdashers that sell French or Milan caps, glasses, as well looking as drinking, yea, all manner vessels of the same stuff; painted cruses, gay daggers, knives, swords, and girdles that is able to make any temperate man to gaze on them, and to buy somewhat, though it serve to no purpose necessary. What need they beyond the sea to travel to Peru or such far country, or to try out the sands of the river Tagus in Spain [Pactolus] in Asia and Ganges in India, to get amongst them small sparks of gold, or to dig the bowels of the earth, for the mine of silver and gold, when they can of unclean clay, not far sought for, and of [pebble] stones and fern roots make [good] gold and silver more than a great many of gold mines would make. I think not so little as a hundred thousand pound a year is fetched of our treasure for things of no value of themselves, but only for the labours of the workers of the same, which are set on work all of our charges. What grossness be we of, that see it and suffer such a continual spoil to be made of our goods and treasure, by such means and specially, that will suffer our own commodities to go, and set strangers on work, and then to buy them again at their hands; as of our wool they make and dye carses, fresadows, broadcloths, and caps beyond the seas, and bring them hither to be sold again; wherein note, I pray you, what they do make us pay at the end for our stuff again, for the stranger custom, for the workmanship, and colours, and lastly for the second custom in the return of the wares into the realm again; whereas, with working the same within our realm, our own men should be set on work at the charges of strangers; the custom should be borne all by strangers to the king, and the clear gains to remain within the realm....


f. 53b-f. 55.

And now, because we are entered into communication of artificers, I will make this division of them. Some of them do but bring money out of the country; some other, that which they do get, they spend again in the country; and the third sort of artificers be they that do bring treasure into the country. Of the first, I reckon all mercers, grocers, vintners, haberdashers, milliners, and such as do sell wares growing beyond the seas, and do fetch out our treasure of the same. Which kind of artificers, as I reckon them tolerable, and yet are not so necessary in a commonwealth but they might be best spared of all other; yet if we had not other artificers, to bring in as much treasure as they bring forth, we should be great losers by them. Of the second sort be these: shoemakers, tailors, carpenters, masons, tilers, butchers, brewers, bakers, victuallers of all sorts, which like as they get their living in the country, so they spend it; but they bring in no treasure unto us. Therefore we must [cherish] well the third sort; and these be clothiers, tanners, cappers, and worsted makers only that I know, [which] by their misteries and faculties, do bring in any treasure. As for our wool, fells, tin, lead, butter and cheese, these be the commodities that the ground bears, requiring the industry of a few persons; and if we should only trust to such, and devise nothing else to occupy ourselves, a few persons would serve us for the rearing of such things, and few also [it would] find; and so should the realm be like a [grange], better furnished with beasts than with men; whereby it might be subject to the spoil of other nations about. Which is the more to be feared and eschewed, because the country of his own kind is apt to bring forth such things, as is said before, for the breed of cattle, than for such things as [be] for the nourishment of men, if Pomponius Mela be to be believed, which describing the island, saith thus: plana, ingens, fecunda, verum iis que pecora quam homines benignius alunt. That is to say, it is plain, large and plentiful, but of those things that nourisheth beasts more kindly than men. So many forests, chases, parks, marshes and waste grounds, that be more here than most commonly elsewhere, declare the same not to be all in vain that he affirms; that hath not so much arable ground, vines, olives, fruits, and such as be most necessary for the food of men. And as they require many hands in the culture, so they find most persons food; as France, Spain and divers other countries have. Therefore as much ground, as here is apt for those things, would be [turned] (as much as may be) to such uses as may find most persons. And over that, towns and cities would be replenished with all kinds of artificers; not only clothiers which as yet were our natural occupation, but with cappers, glovers, paper makers, glasiers, pointers, goldsmiths, blacksmiths of all sorts, coverlet makers, needle makers, pinners and such other; so as we should not only have enough of such things to serve our realm, and save an infinite treasure that goeth now over for so many of the same, but also might spare of such things ready wrought to be sold over, whereby we should fetch again other necessary commodities and treasures. And thus should be both replenished the realm of people able to defend it, and also win much treasure to the same. Such occupations alone do enrich divers countries, that be else barren of themselves; and what riches they bring to the country where they be well used, the country of Flanders and Germany do well declare; where, through such occupations, it hath so many and wealthy cities, that were incredible in so little ground to be. Wherefore in my mind they are far wide of right consideration, that would have none or less clothing within the realm, because it is sometimes occasion of business or tumults, for lack of vent. There is nothing every way so commodious or necessary for men's use, but it is sometime by ill handling occasion of displeasure; no, not fire and water, that be so necessary as nothing can be more.

4. Sir Thomas Gresham on the Fall of the Exchanges [Burgon's Life and Times of Sir Thomas Gresham, Vol. I, Appendix No. XXI, pages 483-486]. 1558.

To the Queen's most excellent Majesty.

It may please your Majesty to understand, that the first occasion of the fall of the exchange did grow by the King's Majesty, your late father, in abasing his coin from vi ounces fine to iii ounces fine. Whereupon the exchange fell from xxvis. viiid. to xiiis. ivd. which was the occasion that all your fine gold was conveyed out of this your realm.

Secondly, by the reason of his wars, the King's Majesty fell into great debt in Flanders. And for the payment thereof they had no other device but pay it by exchange, and to carry over his fine gold for the payment of the same.

Thirdly, the great freedom of the Steelyard and granting of licence for the carrying of your wool and other commodities out of your realm, which is now one of the chief points that your Majesty hath to foresee in this your common weal; that you never restore the steads called the Steelyard again to their privilege, which hath been the chief point of the undoing of this your realm, and the merchants of the same.

Now, for redress of these things, in an. xvcli [1551] the King's Majesty, your late brother, called me to be his agent, and reposed a more trust in me, as well for the payment of his debts beyond the seas, as for the raising of the exchange, being then at xvs. and xvis. the pound; and your money current, as it is at this present, being not in value xs. First, I practised with the King and my lord of Northumberland to overthrow the Steelyard, or else it could not be brought to pass, for that they would keep down the exchange by this consideration; whereas your own merchants payeth outwards xivd. upon a cloth custom, they pay but ixd.; and likewise, for all such wares as was brought into your realm, your own mere merchants payeth xiid. upon the pound, the Steelyard paid but iiid. upon the pound, which is vs. difference upon the hundredth: and as they were men that ran all upon the exchange for the buying of their commodities, what did they pass to give a lower price than your own merchants, when they got vl. in the hundred by your custom? Which in process of time would have undone your whole realm, and your merchants of the same.

Secondly, I practised with the King's Majesty, your brother, to come in credit with his own mere merchants: and when time served, I practised with them at a set shipping, the exchange being still at xvis., that every man should pay the King xvs. upon a cloth in Antwerp, to pay at double usage xxs. in London; which the King's Majesty paid them royally, which did amount to the sum of lxml. And so, vi months after, I practised the like upon their commodities for the sum of lxxml. [£70,000] to pay for every pound sterling xxiis.: so by this means, I made plenty of money, and scarcity, and brought into the King's hands, which raised, the exchange to xxiiis. ivd. And by this means I did not only bring the King's Majesty, your brother, out of debt, whereby I saved him vi or viis. upon the pound, but saved his treasure within the realm, as therein Mr. Secretary Cecil was most privy unto.

Thirdly, I did likewise cause all foreign coins to be unvalued, whereby it might be brought into the mint to his Majesty's most fordle[304]; at which time the King your brother died, and for my reward of service, the Bishop of Winchester sought to undo me, and whatsoever I said in these matters I should not be credited: and against all wisdom, the said Bishop went and valued the French crown at vis. ivd., and the pistole at vis. iid., and the silver royal at vid. ob. Whereupon, immediately, the exchange fell to xxs. vid. and xxis., and there hath kept ever since. And so consequently after this rate and manner, I brought the Queen's Majesty, your sister, out of debt of the sum of ccccxxxvml. [£435,000].

Fourthly, by this it may plainly appear to your Highness, as the exchange is the thing that eats out all princes, to the whole destruction of their common weal, if it be not substantially looked unto, so likewise the exchange is the chief and richest thing only above all other, to restore your Majesty and your realm to fine gold and silver, and is the mean that makes all foreign commodities and your own commodities with all kind of victuals good cheap, and likewise keeps your fine gold and silver within your realm. As, for example to your Highness, the exchange being at this present at xxiis., all merchants seek to bring into your realm fine gold and silver; for if he should deliver it by exchange, he disburses xxiis. Flemish to have xxs. sterling: and to bring it in gold and silver he shall make thereof xxis. ivd.—whereby he saves viiid. in the pound: which profit, if the exchange should keep but after this rate of xxiis. in few years you should have a wealthy realm, for here the treasure should continue for ever; for that all men should find more profit by vl in the hundred to deliver it per exchange, than to carry it over in money. So consequently the higher the exchange riseth, the more shall your Majesty and your realm and common weal flourish, which thing is only kept up by art and God's providence; for the coin of this your realm doth not correspond in fineness not xs. the pound.

Finally, and it please your majesty to restore this your realm into such state, as heretofore it hath been; first, your Highness hath no other ways, but when time and opportunity serveth, to bring your base money into fine of xi ounces fine, and so gold after the rate.

Secondly, not to restore the Steelyard to their usurped privileges.

Thirdly, to grant as few licences as you can.

Fourthly, to come in as small debt as you can beyond seas.

Fifthly, to keep up your credit, and specially with your own merchants, for it is they must stand by you at all events in your necessity. And thus I shall most humbly beseech your Majesty to accept this my [poor writing in good] part; wherein I shall from time to time, as opportunity doth serve, put your Highness in remembrance, according to the trust your Majesty hath reposed in me; beseeching the Lord to give me the grace and fortune that my service may always be acceptable to your Highness; as knoweth our Lord, whom preserve your noble Majesty in health, and long to reign over us with increase of honour.

By your Majesty's most humble and faithful obedient subject,

Thomas Gresham, Mercer.

[304] i.e. Fordeal, or advantage.

5. The Reasons Why Bullion is Exported [Br. M. Cotton Ms. Otho. E. x., f. 145[305]], temp. Elizabeth.

Where the Queen's Majesty is moved, that for the staying of the transportation of gold she will be pleased either to call in all gold by proclamation and then to coin it anew again with more alloy, or else that her Majesty should call in no gold, but coin new and utter them at higher rate than now, it seemeth the matters intend, that it is transported for the richness only, and, being either based by alloy or dearly priced, no more would be transported.

But if all the true causes of this late transportation be considered, that will not be sufficient to stay gold within.

The true causes, that it is transported, be these with others:

1. Some is carried into the Low Countries, because the exchange hath been high and the gold of greater prices there than here.

2. These dear years much hath been carried out to buy corn with, wherein somewhat endeavour hath been, because the return paid no custom.

3. Very much hath been transported to provide foreign commodities, because this realm spendeth more of them, than the same commodities transported amount unto, as it is supposed and as may be perceived by the wines, silks, lawns, gold-lace, silver-lace and such like here spent.

4. Much is conveyed by strangers, that bring in their country commodities and will not employ the price in English commodities, because their customs be great.

5. The like is sometimes done by English merchants for the paying of debts or providing of foreign commodities, for the saving of custom outward being also great.

6. Much bullion hath been transported, because the merchants and goldsmiths could not of long time have it coined and delivered in due time out of the mint.

7. Some by captains, soldiers and others, that might not be searched.

8. Some by the help of the mintmen in thirty-shilling-pieces upon pretence to make great gain thereof to her Majesty.

The second cause will now cease of itself; the fourth, fifth, sixth and eighth may be removed by good orders to be taken; the seventh by peace amongst princes; the first will never be taken away further than shall please the bankers and rich merchants of the Low Countries, who joining with the rich Flemings dwelling will be able with their money and cunning to make the exchange to rise and fall, as they shall think good for their gain or our loss. And the governors there, finding by their mint-masters and merchants the alteration of the English standards and values of gold, being more vigilant, provident and skilful in such matters than the English, will at their pleasures cry up and down the currency of English coin, be it never so base, at such times and in such manner as [the]y will, draw it from home to their ... lnes and melt it or return it back at their pleasures for their own gain and our loss, unless they will agree and take order, that it shall be always current there at the same value that it is here, without alteration.

But the third causa causarum being taken away, which is to be wished for, although not to be hoped for in haste, all the rest and all other like causes of transportation must need cease withall or at the least do little hurt; for if England would spend less of foreign commodities than the home commodities will pay for, then the remain must of necessity be returned of silver or gold; but if otherwise, then it will fare in England in short time as it doth with a man of great yearly living, that spendeth more yearly than his own revenue, and spendeth of the stock besides.

And so it is concluded, that for these reasons neither the baseing of the standards nor the raising of the values of the coin of gold is like to stay it from transportation.

[305] Quoted Schanz. op. cit., Vol. II, pp. 648-9.

6. The Italian Merchants Explain the Foreign Exchanges to Sir Thomas Gresham and Other Royal Commissioners [Ms. of Lord Calthorpe, Vol. XX, f. 68[306]], 1576.

Forasmuch as your worships have required, that we, the merchants Italians, should show present your worships with more brevity, than we have done afore, in what points doth grieve us the new imposition and order, that hath been set upon the exchange, although it is not easily utter it in few words, nevertheless we have set it forth as briefly as we can.

Therefore it may please your worships to understand, that the chiefest living and maintenance that we have is upon the commissions that are sent unto us of our friends from beyond the seas to sell foreign wares here in London and buy English wares for to send over.

The trade of the foreign wares for England will much decay because of the imposition and difficulty upon the exchange; for such our friends, that did send such commodities as alum, woad, canvas, silks, wines and other necessary things for the intent to reiterate shortly after the sending hither such commodities, so soon as they knew they were here arrived, did use to take up money by exchange for London; and if the said wares were not sold or money not due, they gave here commission to their factors to take it up by rechange again; and so in time of an usage or double usage of Antwerp, an usage or a fair at Lyons, this matter might be well compassed without any great loss, and by this mean they might help themselves with their money of their wares a great while before that it were money in deed; but now that they shall know, that the exchange will give them such loss by the payment of this fee besides the ordinary interest that is used to come upon the exchange, they shall not be able to continue this trade nor to reiterate so often the same. Therefore there shall ensue a great diminishing of the Queen's custom inwards, and that the English people shall pay the dearer for the necessary foreign commodities, and we particularly shall remain destitute of these commissions and factories.

We say likewise of the trade of others our commissioners, that did use to send for English commodities as cloths and others being not forbidden and inward, they send nothing or very little; for those, that ought here to buy for themselves, might in two manners furnish the money, the one causing money to be remitted unto them from beyond the seas, and the other in taking money here in London by exchange. Touching the first manner they shall lack much of that help; for money shall not be remitted unto them, for because in foreign places there shall be found no man that will take up money by exchange for London, knowing that it shall be more damageable unto them than other places as much as this fee doth import, which will always fall upon the debtor, and he shall scarcely find money here in London to take up by exchange; so little will be exchange that hereafter will be made, therefore our commission outward will fail unto us, as we have said above of these inward, and the Queen's customs outwards also will much decay, and the English people, that did utter at good prices the commodities and handicrafts, shall not be able to do it as afore they were, they shall suffer much damage and discommodity. Besides this the free exchange hath been an instrument whereby the merchants might pay honourably their debts at their day; for if one ought, for a manner of an example, this day a sum of money, it should be a dishonour unto him to desire his creditors to tarry a seven night, a fortnight or 20 days, until he should retain money for debts due unto him. But to pay his said debt, he might presently take up money by exchange to Lyons, Antwerp and then, after he had received his money, he might remit there for the same time that he took it up, and so with little loss compass his business. But now in such case considering that he shall be forced to pay two times this imposition one in the taking and the other in the delivering so shortly after, the interest of few days will cost him too much; therefore he shall be fain to restrain his trade and shall not be able to accept his friends' debts and changes he did before.

Likewise those of us shall find too much charges, that made double exchanges for service of the English merchants, as for example they took money of your vintners for Bordeaux, and to the intent that the said money might be ready there, they did exchange it for Lyons or other places being content of any small profit; now that they must pay two times this imposition and that the ordinary brokerage, that often times they did save, they now shall not save, they shall need to make their reckoning and ask greater price of the vintners, the which peradventure will find it so heavy beside his part of the fee which he must pay, that he might take an evil occasion to send over the money.

We made also oftentimes amongst us double exchanges without any broker, which was, for a manner of example, that one of us had money in Venice and would bring into this realm French wares, and another hath money in Lyons and would bring wares out of Italy, and so they did agree together to give one to another mutual letters of exchange the one for Lyons and the other for Venice; and whereas such double exchange of the value of 100li. had no charge at all, now it shall have charge 35s., for the fee shall be paid for every one of the 2 bills of exchange, which is 25s. and 10s. brokerage, that now is not to be escaped, maketh up the 35s., so that we shall be fain utterly to leave of these double exchanges, that we made as well for the commodity of the merchants of your nation as of ourselves to the intent still to serve to the ease and trade of merchandise.

But[307] the order yet is of more trouble and impediment, than the very imposition; for though the fee were in a manner but a penny in every hundredth pound, it were needful to find a means that the Queen's Majesty should not be defrauded of the same, the which we cannot invent or imagine, without that register shall be kept of all our doings and that our books shall be seen and our letters opened, the which thing will be an extreme prejudice unto our occupations, and we would have taken pain more at large to express the same, if that your worships had not the experience and knowledge better than us of this matter.

Touching the standard of the English money, that you complain of is kept low by reason of the free exchange, we can say nothing but that our exchanges are made with a mutual consent between merchant and merchant, and that the abundance of the deliverers or of the takers make the exchange rise or fall; and this occasion doth counterpoise this place of London with the others; for if you will compel a needful person to take up for exchange for Antwerp at 26s. Flemish for every pound sterling, when the exchange is there at 24s., he shall leave off to take it, but will cause money to be remitted to him from thence according to the course of the exchange there.

But some do complain of some strangers, that bring into England merchandises for more value than that they send out. We say, that the cause of this is the inequalities of the customs outwards; for a stranger cannot send into Flanders or into France a piece of cloth or kersey, except it should stand him dearer than he might have them there in those places at an Englishman's hands. Besides that it is to be considered, that the most part of commodities of this realm, that in times before might be transported out, now they be utterly forbidden as well corn, leather, tallow, or else charged with great licence as undressed cloths and others, so that it is not possible for strangers to meddle there withall; nevertheless we do deny, that the overplus of the amounting of the strange wares should be sent over by us in ready money, but we deliver it by exchange unto your English merchants, that may better traffic outwardly, and if we do at lower price than the value of the standard, we are very sorry and we would very gladly it were otherwise.

That be the damages difficulties and inconveniences, that by this order shall happen, that is to say, for our part the whole destitution of all our friends' commission, whereupon was grounded our living and maintenance; damage unto Queen's Majesty for the diminishing of her customs for greater sum than the importance of the rent of this fee, though that exchanges should be in such frequency and number as they have been heretofore; the which thing cannot be, for very few exchange will be made; damage also to the common weal, for they shall pay dear for foreign wares for the scarcity that shall be here of the same, and they shall not so well sell the commodities of the realm, as they have done afore; and finally a dangerous occasion may be presented to some to carry away the money out of the realm, the which thing the free exchange doth avoid, and for this intent it is to be thought that it was instituted.

Therefore we, considering that among all restraints, troubles or impediments, that ever was set against the trade of merchants in any place, this is the troublesomest, we beseech your worships to examine it and to report to her Majesty and to her honourable council upon this matter even as God Almighty shall inspire you for the common profit and wealth of this realm.

[306] Quoted Schanz, op. cit., pp. 642-6. It will be observed that the Italian merchants' knowledge of English is apparently somewhat defective.

[307] "Bothe" in MS.

7. An Act Avoiding Divers Foreign Wares Made by Handicraftsmen Beyond the Seas [5 Eliz. c. 7, Statutes of the Realm, Vol. IV, Part I, pp. 428-429], 1562.

Whereas heretofore the artificers of this realm of England (as well within the city of London as within other cities, towns and boroughs of the same realm) that is to wit, girdlers, cutlers, saddlers, glovers, point-makers, and such like handicraftsmen, have been in the said faculties greatly wrought, and greatly set on work, as well for the sustentation of themselves, their wives and families, as for a good education of a great part of the youth of this realm in good art and laudable exercise, besides the manifold benefits, that by means or by reason of their knowledges, inventions, and continual travel, daily and universally came to the whole estate of the commonwealth of this said realm:

II. Yet notwithstanding so now it is, that by reason of the abundance of foreign wares brought into this realm from the parts of beyond the seas, the said artificers are not only less occupied, and thereby utterly impoverished, the youth not trained in the said sciences and exercises, and thereby the said faculties, and the exquisite knowledges thereof, like in short time within this realm to decay; but also divers cities and towns within this realm of England much thereby impaired, the whole realm greatly endamaged, and other countries notably enriched, and the people thereof well set on work, to their commodities and livings, in the arts and sciences aforesaid, and to the great discouragement of skilful workmen of this realm, being in very deed nothing inferior to any stranger in the faculties aforesaid.

III. For reformation whereof, be it enacted by our sovereign lady the Queen's Highness, and by the Lords Spiritual and Temporal, and the Commons of this present parliament assembled and by the authority of the same, that no person or persons whatsoever, from or after the feast of the Nativity of St. John Baptist now next ensuing, shall bring or cause to be brought into this realm of England from the parts of beyond the seas, any girdles, harness for girdles, rapiers, daggers, knives, hilts, pummels, lockets, chapes, dagger-blades, handles, scabbards, and sheaths for knives, saddles, horse-harness, stirrups, bits, gloves, points, leather-laces or pins, being ready made or wrought in any parts of beyond the seas, to be sold, bartered or exchanged within this realm of England or Wales; upon pain to forfeit all such wares so to be brought contrary to the true meaning of this act, in whose hands soever they or any of them shall be found, or the very value thereof. This act to continue and endure to the end of the next parliament.

8. An Act Touching Cloth-Workers and Cloths Ready Wrought to be Shipped Over the Sea [8 Eliz. c. 6, Statutes of the Realm, Vol. IV, Part I, p. 489], 1566.

For the better employment and relief of great multitudes of the Queen's Majesty subjects, using the art and labour of cloth-working, it may please the Queen's most excellent Majesty, at the most humble suit of her said subjects, that it be enacted, and be it enacted by the authority of this present parliament:—That from henceforth for every nine clothes unwrought, hereafter to be shipped or carried into any the parts beyond the seas, contrary to the form of any statute heretofore made and now remaining in strength, by force of any licence hereafter to be granted, the party that shall ship and carry over the same, shall ship and carry over also one like woollen cloth of like sort, length, breadth and goodness, ready wrought and dressed; that is to say, rowed, barbed, first coursed and shorn from the one end to the other, so that every tenth cloth passing over the seas in form aforesaid may and shall be dressed within this realm, before the same shall be shipped or transported over, upon pain to forfeit for every such nine clothes so to be shipped or transported contrary to the meaning of this act, ten pounds. Provided always, that every such tenth cloth so to be transported ready wrought, shall not be accounted any of the clothes permitted to be transported by force of such licence, but that such person as shall have such licence may transport according to such licence the full number of clothes unwrought mentioned in the same licence, over and above the number of such tenth clothes which they shall be compelled to ship and carry over by force of this statute. And be it further enacted by authority aforesaid, that from the last day of February now next coming, no person shall ship or carry into the parts beyond the seas, contrary to the form of any statute heretofore made now remaining in force, any cloth commonly called Kentish cloth or Suffolk cloth, made or to be made in the counties of Kent or Suffolk, unwrought and undressed within this realm; that is to say, not rowed, barbed, first coursed and shorn; upon pain to forfeit for every such cloth, commonly called Kentish or Suffolk cloth, made or to be made in either of the said counties, so to be shipped or transported contrary to the form of this statute, forty shillings; and that no licence for transporting of any cloth or clothes shall be construed or expounded to extend to any such Kentish or Suffolk cloth, made or to be made in either of the said counties to be from henceforth transported....

9. Incorporation of a Joint-Stock Mining Company [Patent Rolls,[308] 10 Eliz., Part V], 1568.

Elizabeth by the Grace of God, etc. To all unto whom these presents shall come, greeting.

Whereas we ... have ... given and granted full power, license and authority to Thomas Thurland, clerk, ... and to Daniel Houghsetter, a German born ... to search ... for all manner of monies or ores of gold, silver, copper, or quicksilver, within our counties of York, Lancaster, Cumberland, Westmoreland, Cornwall, Devon, Gloucestershire and Worcestershire, and within our principality of Wales, or in any of them, and the same to try out, convert, and use to their most profit and commodity....

And whereas our pleasure, intent, and meaning in our said Letters Patent was that, for the better help and more commodity of the said Thomas Thurland and Daniel Houghsetter and their several assignees, they ... might ... grant ... parts and portions of the said licenses ... and thereupon their several assignees have ... granted ... to ... William, Earl of Pembroke, and Robert, Earl of Leicestershire, and to ... James, Lord Mountjoy, and to Sir William Cecil, knight, our principal secretary, and John Tamworth and John Dudley, esquires, Leonell Duchet, citizen and alderman of London, Benedict Spynola, of London, merchant, John Lover, William Winter, Anthony Duchett, of the County of Westmoreland, gentlemen ... Daniel Ulstett, a German born [and ten others], divers parts and portions of the licenses, powers, authorities, privileges, benefits and immunities aforesaid;

By force whereof the said Thomas Thurland and Daniel Houghsetter ... have travailed in the search, work and experiment of the mines and ores aforesaid ... and have now brought the said work to very good effect, whereby great benefit is like to come to us and this our Realm of England, which also will the rather come to pass if the persons ... having interest in the privileges aforesaid might by our grant be incorporated and made a perpetual body politic; ...

Know ye, therefore, that we ... do give and grant to the aforenamed William Earl of Pembroke [and the others as above] that they by the name of Governor, Assistants, and Commonalty for the Mines Royal shall be from henceforth one body politic in itself incorporate, and a perpetual society of themselves both in deed and name....

And, further, we ... will and grant ... that they ... shall and may not only admit into the said corporation and society such and as many persons as by the statutes ... shall be prescribed ... so that every such person ... shall ... have for the term of his life at the least the benefit of a quarter of one four-and-twenty part of the licenses, powers, authorities, privileges, benefits and communities aforesaid, ... but also shall and may minister to every such person to be admitted an oath tending to the due performing and keeping of the rules, statutes, and ordinances in form aforesaid to be made ...

[308] Printed by the Selden Society, Vol. 28, pp. 4-15.

10. An Act for the Increase of Tillage [13 Eliz. c. 13. Statutes of the Realm, Vol. IV, Part I, pp. 547-48], 1571.

For the better increase of tillage, and for maintenance and increase of the navy and mariners of this realm, be it enacted, that from and after the feast of the Nativity of St. John Baptist next coming, it shall be lawful to all and every person and persons being subjects of the Queen's Majesty, her heirs and successors, and inhabiting within her highness' realms and dominions, only out of such ports and creeks where are or shall be resident a customer or collector of subsidy of tonnage and poundage, or one of their deputies, and not elsewhere, to load, carry or transport any wheat, rye, barley, malt, peas or beans into any parts beyond the seas, being in amity with this realm, and not prohibited by any restraint or proclamation, only to sell as a merchandize in ships carriers or other vessels bearing cross sails, whereof any English born subjects inhabiting within her Highness' realms and dominions then shall be the only owners, at all such times as the several prices thereof shall be so reasonable and moderate in the several counties where any such transportation shall be intended as that no prohibition shall be made, either by the Queen's Majesty, her heirs or successors, by proclamation to be made in the shiretown or in any port towns of the county, or else by some order of the lord president and council in the north, or the lord president and council in Wales, within their several jurisdictions, or of the justices of assizes at their sessions in other shires out of the jurisdiction of the said two presidents and councils, or by the more part of the justices of the peace of the county at their quarter sessions, in this manner following; that is, the said lord president and councils of the shires within their jurisdiction, the justices of assize at their several sessions in other shires out of the said jurisdictions belonging to the said councils in the north and in Wales, yearly shall, upon conference had with the inhabitants of the country of the cheapness and dearth of any the said kinds of grain within the countries within jurisdictions of the said councils, or in the other countries within the limits of the said justices of assize, by their discretion determine whether it shall be meet at anytime to permit any grain to be carried out of the realm by any port within the said several jurisdictions or limits, and so shall in writing under their hands and seals cause and make a determination either for permission or prohibition, and the same cause to be by the sheriff of the counties published and affixed in as many accustomed market towns and ports within the said shire as they shall think convenient, and in such manner as the Queen's Majesty's proclamations are usually published and affixed; which determination of the said presidents and councils in their jurisdictions, and of the justices of assize in their limits, shall continue in force for the time, place, and manner therein expressed until the said presidents and councils shall otherwise order, or until the justices of assize at their being in their said circuits in every of the said counties shall alter or otherwise order the same, except the same shall be otherwise in the mean time altered or countermanded by the Queen's Majesty, her heirs or successors, or by some order of the justices of the peace in the counties situated out of the jurisdictions of the said two councils in their quarter sessions to be holden in the meantime, or the greater part of them, shall find the same determination of the justices of assize to be hurtful to the county by means of dearth, or to be a great hindrance to tillage by means of too much cheapness, and shall by their writings under their hands and seals make any determination to the contrary, either for permission or prohibition of carrying of any kind of grain out of the realm; ...

... Provided nevertheless, that neither any of the said presidents and councils, nor the said justices of assize nor the said justices of peace above mentioned, shall publish any their determinations above mentioned until the same shall be first by writing notified to the Queen's Majesty or to her privy council, and by her Majesty or her privy council shall be liked and allowed.

Provided also, that the Queen's Majesty, her heirs and successors, shall have and receive by the customers and officers of her ports for the custom or poundage of every quarter of wheat to be transported by force of this statute, twelve pence, and of every quarter of any other grain, eight pence, and of every quarter of wheat that shall be by any special licence hereafter to be granted transported out of the realm, and not by force of this statute, two shillings, and of every quarter of other grain, sixteen pence, notwithstanding any manner of words that shall be contained or inserted in any licences to the contrary; which said several sums, so to be had or taken as custom or poundage, to be in full satisfaction of all manner of custom or poundage for the said corn or grain by any constitution, order, statute, law or custom heretofore made, used, or taken for transporting of any such manner of corn or grain.

Provided also and be it enacted by the authority of this present parliament, that the Queen's Majesty, her heirs and successors, may at all times by her writ of proclamation to be published generally in the whole realm, or in the counties of this realm where any port towns are, command that no person shall by virtue of this act transport or carry out any manner of grain to any parts out of her dominions, either generally out of any port in the realm, or particularly out of any special ports to be in the same proclamation named; and that it shall not be lawful for any person to carry out any such grain contrary to the tenor of the same proclamation, upon such pains as by the laws of the realm are and have been provided.

11. Instructions for an English Factor in Turkey [Hakluyt. The Principal Voyages of the English Nation], 1582.

... And for that of many things that tend to the common benefit of the State, some tend more and some less, I find that no one thing, after one another, is greater than clothing, and the things incident to the same. And understanding that you are of right good capacity, and become a factor at Constantinople, and in other parts of Turkey, I find no man fitter of all the English factors there than you. And therefore I am so bold to put you in mind and to tell you wherein with some endeavour you may chance to do your country much good, and give an infinite sort of the poor people occasion to pray for you here throughout the realm. This that I mean is in matter of cloth, etc.

1. First, you cannot deny but that this realm yieldeth the most fine wool, the most soft, the most strong wool, the most durable in cloth, and most apt of nature of all others to receive dye, and that no island or any one kingdom so small doth yield so great abundance of the same....

2. There is no commodity of this realm that may set so many poor subjects on work, as this doth, that doth bring in so much treasure, and so much enrich the merchant, and so much employ the navy of this realm, as this commodity of our wool doth.

Ample and full vent of this noble and rich commodity is it that the commonweal of this realm doth require.

Spain now aboundeth with wool, and the same are clothed. Turkey hath wools, and so have divers provinces of Christendom and of heatheners, and cloth is made of the same in divers places.

1. But if England have the most fine and the most excellent wools of the world in all respects (as it cannot be denied but it hath). 2. If there may be added to the same excellent artificial, and true making, and excellent dyeing. 3. Then no doubt but that we shall have vent for our cloths, though the rest of the world did abound much more with wool than it doth....

But if foreign nations turn their wools, inferior to ours, into truer and more excellent made cloth, and shall dye the same in truer, surer, and more excellent and more delectable colours, then shall they sell and make ample vent of their cloths, when the English cloth of better wool shall rest unsold, to the spoil of the merchant, of the clothier, and of the breeder of the wool, and to the turning to bag and wallet of the infinite number of the poor people employed in clothing in several degrees of labour here in England.

Which things weighed, I am to tell you what things I wish you in this realm, and after in Turkey, to endeavour from time to time, as your leisure may permit the same.

Before you out of the realm, that you learn:

1. To know wool, all kinds of cloth made in this realm, and all other employments of wool, home or foreign.... All the deceits in clothmaking ... The faults in weaving. The faults in walking, rowing, burling, and in racking the cloth above measure upon the tenters....

2. Then to learn of the dyers to discern all kinds of colours, as which be good and sure, and which will not hold; which be fair, and which not....

3. Then to take the names of all the materials and substances used in this city or in the realm in dyeing of cloth or silk....

4. These things superficially learned in the realm before you go, you are fitter in foreign parts to serve your country....

What you shall do in Turkey, besides the business of your factorship.

1. Forasmuch as it is reported that the woollen cloths dyed in Turkey be most excellently dyed, you shall send home unto this realm certain ... pieces of shred, to be brought to the Dyers' Hall, there to be shewed, partly to remove out of their heads the too great opinion they have conceived of their own cunning, and partly to move them for shame to endeavour to learn more knowledge, to the honour of their country of England and to the universal benefit of the realm.

2. You shall devise to amend the dyeing of England, by carrying hence an apt young man brought up in the art, or by bringing one or other from thence of skill, or rather to devise to bring one for silks, and another for wool and for woollen cloth....

3. Then to learn to know all the materials and substances that the Turks use in dyeing, be they of herbs, simple or compound, be they plants, barks, wood, berries, seeds, grains, or mineral matter....

5. And in any wise, if anile that coloureth blue be a natural commodity of those parts, and if it be compounded of an herb, to send the same into this realm by seed, or by root in barrel of earth, with all the whole order of sowing, setting, planting, replanting, and with the compounding of the same, that it may become a natural commodity in this realm, as woad is, to this end, that the high price of foreign woad (which devoureth yearly great treasure) may be brought down....

8. The wools being natural, and excellent colours for dyeing by this means here also natural, in all the art of clothing then we want but one only special thing. For in this so temperate a climate our people may labour the year throughout ... and the people of this realm by the great and blessed abundance of victual are cheaply fed, and therefore may afford their labour cheap. And where the clothiers in Flanders, by the flatness of their rivers, cannot make water-mills for their cloths, but are forced to dress and thicken all their cloths by the foot and by the labour of men, whereby their cloths are raised to an higher price, we in England have in all shires store of mills upon falling rivers.... Then we have also, for scouring our cloths, earths and clays.... Then also have we some reasonable store of alum and copperas here, made for dyeing.... Then we have many good waters apt for dyeing, and people to spin and to do the rest of all the labours we want not. So as there wanteth, if colours might be brought in and made natural, but only oil; the want whereof if any man could devise to supply at the full with anything that might become natural in this realm, he, whatsoever he were that could bring it about, might deserve immortal fame in this our commonwealth....

10. And if you shall find that they make any cloth of any kind not made in this realm, that is there of great use, then to bring of the same into this realm some "mowsters,"[309] that our people may fall into the trade, and prepare the same for Turkey. For the more kinds of cloth we can devise to make, the more ample vent of our commodity we shall have, and the more sale of the labour of our poor subjects that else for lack of labour become idle and burdenous to the commonweal, and hurtful to many. And in England we are in our clothing trade to frame ourselves according to the desires of foreign nations, be it that they desire thick or thin, broad or narrow, long or short, white or black.

11. But with this proviso always, that our cloth pass out with as much labour of our people as may be, wherein great consideration ought to be had. For (if vent might so admit), as it were the greatest madness in the world for us to vent our wool not clothed, so were it madness to vent our wool in part or on the whole turned into broad cloth, if we might vent the same in kersies; for there is a great difference to our people between the clothing of a sack of wool in the one and the like sack of wool in the other, of which I wish the merchant of England to have a great care as he may for the universal benefit of the poor; and the turning of a sack of wool into bonnets is better than both, etc. And also not to carry out of the realm any cloth white, but dyed, if it may be, that the subjects of this realm may take as much benefit as is possible, and rather to seek the vent of the cloths dyed with the natural colours of England than such as be dyed with foreign colours.

Thus giving you occasion, by way of a little remembrance, to have desire to do your country good, you shall, if you have any inclination to such good, do more good to the poor ready to starve for relief than ever any subject did in this realm by building of almshouses, and by giving of lands and goods to the relief of the poor. Thus may you help to drive idleness, the mother of most mischief, out of the realm, and win you perpetual fame, and the prayer of the poor, which is more worth than all the gold of Peru and of all the West Indies.

[309] i.e. Samples.

12. The Advantages of Colonies [A True Report of the late Discoveries and Possession Taken in the Right of the Crown of England of the Newfound Lands by ... Sir Humfrey Gilbert[310]; Hakluyt's Principal Voyages of the English Nation], 1583.

... The fourth chapter sheweth how that the trade, traffic, and planting in these countries is likely to prove very profitable to the whole realm in general.

Now to show how the same is likely to prove very profitable and beneficial generally to the whole realm. It is very certain that the greatest jewel of this realm, and the chiefest strength and force of the same, for defence or offence in martial matter and manner, is the multitude of ships, masters, and mariners ready to assist the most stately and royal navy of her Majesty, which by reason of this voyage shall have both increase and maintenance. And it is well known that in sundry places of this realm ships have been built and set forth of late days for the trade of fishing only; yet, notwithstanding, the fish which is taken and brought into England by the English navy of fishermen will not suffice for the expense of this realm four months, if there were none else brought of strangers. And the chiefest cause why our English men do not go so far westerly as the especial fishing places do lie, both for plenty and greatness of fish, is for that they have no succour and known safe harbour in those parts. But if our nation were once planted there or thereabouts, whereas they now fish but for two months in the year, they might then fish for so long as pleased themselves ... which being brought to pass shall increase the number of our ships and mariners.

Moreover, it is well known that all savages ... will take marvellous delight in any garment, be it never so simple, as a shirt, a blue, yellow, red, or green cotton cassock, a cap, or such like, and will take incredible pains for such a trifle, ... which being so, what vent for our English cloths will thereby ensue, and how great benefit to all such persons and artificers, whose names are quoted in the margin, I leave to such as are discreet....

To what end need I endeavour myself by arguments to prove that by this voyage our navy and navigation shall be enlarged, when as there needeth none other reason than the manifest and late example of the near neighbours to this realm, the Kings of Spain and Portugal, who, since the first discovery of the Indies, have not only mightily enlarged their dominions, greatly enriched themselves and their subjects, but have also, by just account, trebled the number of their ships, masters and mariners, a matter of no small moment and importance?

Besides this, it will prove a general benefit unto our country, that, through this occasion, not only a great number of men which do now live idly at home, and are burdenous, chargeable, and unprofitable to this realm, shall hereby be set on work, but also children of twelve or fourteen years of age, or under, may be kept from idleness, in making of a thousand kinds of trifling things, which will be good merchandise for that country. And, moreover, our idle women (which the realm may well spare) shall also be employed on plucking, drying, and sorting of feathers, in pulling, beating, and working of hemp, and in gathering of cotton, and divers things right necessary for dyeing. All which things are to be found in those countries most plentifully. And the men may employ themselves in dragging for pearl, working for mines, and in matters of husbandry, and likewise in hunting the whale for trane, and making casks to put the same in, besides in fishing for cod, salmon and herring, drying, salting and barrelling the same, and felling of trees, hewing and sawing of them, and such like work, meet for those persons that are no men of art or science.

Many other things may be found to the great relief and good employment of no small number of the natural subjects of this realm, which do now live here idly, to the common annoy of the whole State. Neither may I here omit the great hope and likelihood of a passage beyond the Grand Bay into the South Seas, confirmed by sundry authors to be found leading to Cataia, the Moluccas and Spiceries, whereby may ensue as general a benefit to the realm, or greater than yet hath been spoken of, without either such charges or other inconveniences, as, by the tedious tract of time and peril, which the ordinary passage to those parts at this day doth minister....

I must now, according to my promise, show forth some probable reasons that the adventurers in this journey are to take particular profit by the same. It is, therefore, convenient that I do divide the adventurers into two sorts, the noblemen and gentlemen by themselves, and the merchants by themselves. For, as I do hear, it is meant that there shall be one society of the noblemen and gentlemen, and another society of the merchants; and yet not so divided, but that each society may freely and frankly trade and traffic one with the other.

And first to bend my speech to the noblemen and gentlemen, who do chiefly seek a temperate climate, wholesome air, fertile soil, and a strong place by nature whereupon they may fortify, and there either plant themselves or such other persons as they shall think good to send to be lords of that place and country:—To them I say that all these things are very easy to be found within the degrees of 30 and 60 aforesaid, either by south or north, both in the continent and in islands thereunto adjoining, at their choice ... and in the whole tract of that land, by the description of as many as have been there, great plenty of mineral matter of all sorts, and in very many places both stones of price, pearl and chrystal, and great store of beasts, birds, and fowls, both for pleasure and necessary use of man are to be found....

And now for the better contemplation and satisfaction of such worshipful, honest-minded and well-disposed merchants as have a desire to the furtherance of every good and commendable action, I will first say unto them, as I have done before to the noblemen and gentlemen, that within the degrees aforesaid is doubtless to be found the most wholesome and best temperature of air, fertility of soil, and every other commodity or merchandise, for the which, with no small peril, we do travel into Barbary, Spain, Portugal, France, Italy, Muscovy and Eastland, and yet, to the end my argument shall not altogether stand upon likelihoods and presumptions, I say that such persons as have discovered and travelled those parts do testify that they have found in those countries all these things following, namely:—[a list of beasts, birds, fishes, trees, minerals, etc.] ...

Now for the trial hereof, considering that in the articles of the society of the adventurers in this voyage there is provision made that no adventurer shall be bound to any further charge than his first adventure, and notwithstanding keep still to himself, his children, his apprentices and servants, his and their freedom for trade and traffic, which is a privilege that adventurers in other voyages have not; and in the said articles it is likewise provided that none other than such as have adventured in the first voyage, or shall become adventurers in this supply, at any time hereafter are to be admitted in the said society, but as redemptionaries, which will be very chargeable; therefore, generally, I say unto all such, according to the old proverb. "Nothing venture, nothing have" ...

The sixth chapter sheweth that the traffic and planting in those countries shall be unto the savages themselves very beneficial and gainful....

... First and chiefly, in respect of the most happy and gladsome tidings of the most glorious gospel of our Saviour Jesus Christ, whereby they may be brought from falsehood to truth, from darkness to light, from the highway of death to the path of life, from superstitious idolatry to sincere Christianity, from the devil to Christ, from hell to heaven. And if in respect of all the commodities they can yield us (were they many more) that they should but receive but this only benefit of Christianity, they were more than fully recompensed.

But hereunto it may be objected that the Gospel must be freely preached, for such was the example of the apostles.... Yet for answer we may say with St. Paul: If we have sown unto you heavenly things, do you think it much that we should reap your carnal things? And withal, The workman is worthy of his hire. These heavenly tidings which those labourers our countrymen (as messengers of God's great goodness and mercy) will voluntarily present unto them, do far exceed their earthly riches....

[310] Gilbert was drowned in the "Squirrel" on September 9th, 1583. The above document purports to have been written after the return of the "Golden Hind," but before the loss of the "Squirrel" was certainly known.

13. Lord Burghley To Sir Christopher Hatton on the State of Trade [Sir H. Nicholas, Memoirs of Sir Christopher Hatton, pp. 470-2], 1587.

To the Lord Chancellor.

My Lord,

I am sorry that my pains are such as I cannot attend on you to-day in the Star Chamber, having yesterday, by more zeal of service in the Exchequer Chamber than of regard to my harms, so weakened and pained my leg, as I cannot stir it out of my bed; but this my declaration of my state is to no purpose to occupy your Lordship withal. This great matter of the lack of vent, not only of clothes, which presently is the greatest, but of all other English commodities which are restrained from Spain, Portugal, Barbary, France, Flanders, Hamburgh, and the States, cannot but in process of time work a great change and dangerous issue to the people of the realm, who, heretofore, in time of outward peace, lived thereby, and without it must either perish for want, or fall into violence to feed and fill their lewd appetites with open spoils of others, which is the fruit of rebellion; but it is in vain to remember this to your Lordship, that is so notorious as there need no repetition thereof. The evil being seen and like daily to increase beyond all good remedies, it is our duties that are Councillors to think of some remedies in time, before the same become remediless; and briefly the best means of remedy must follow the consideration of the causes of this evil, and so contrariis contraria curare. The original cause is apparently the contentions and enmities betwixt the King of Spain and his countries, and her Majesty and her countries. The reduction hereof to amity betwixt the Princes, and to open traffic according to the ancient treaties of intercourse, would be the sovereign remedy; but this may be wished sooner than speedily effectuated. But yet, seeing there is a signification notified of the good inclination of both the Princes, and a great necessity to press them both thereto for the suagement of their people, it were pity any course should be taken either to hinder this or not to hasten it, which surely in the Low Countries would be done, with whatsoever a reasonable cost may be, to keep the enemy from victuals, and to withstand his enterprises against our friends until this next harvest; and by this proceeding against him, there is no doubt but he will yield to all reasonable conditions meet both for her Majesty and her protected friends; otherwise, if the good fortune of our friends do decay, and the enemy recover that which he now lacketh, that is store of victuals, he will either underhand make peace with our friends, whom he shall find both weak and timorous, and leave her Majesty in danger for recovery of all that she hath spent, and in greater charges to maintain her two cautionary towns against the whole Low Countries than two Boulognes were, or else he will, being puffed with pride, make a very Spanish conquest of Holland and Zealand,—a matter terrible to be thought of, but most terrible to be felt. But to insist upon this remedy is as yet in vain, and therefore such other poor helps are to be thought of as may somewhat mitigate the accidents present, and stay the increase thereof, whereof when I do bethink myself, I find no one simple remedy, but rather compounded of divers simples, and to say truly they are but simple remedies, until peace may ensue, which is the sovereign sole medicine of all. To have vent increase, there must be more buyers and shippers than there are, and seeing our merchants say that they cannot have sales sufficient,

1. It were good that the Steelyard men were licensed to trade as they were wont to do, with condition upon good bonds that our merchants adventurers shall have their former liberties in Hamburgh;

2. These Steelyard merchants must also have a dispensation to carry a competent number of unwrought cloths that are coarse, which are the cloths whereof the great stay is in the Realm.

3. Beside this, the merchant strangers might have a like dispensation for the buying and shipping of a competent number of like white coarse cloths.

4. And if her Majesty, for some reasonable time, would abate only 2s. upon a cloth, I think there would grow no loss to her Majesty, having respect to the multitude of the cloths that should be carried, whereas now the strangers carry few, but upon licences, for which her Majesty hath no strangers' customs, but English.

5. The strangers also must have liberty to buy in Blackwell Hall, or else there may be a staple set up in Westminster, out of the liberties of the City of London, which, rather than London would suffer, I think they will grant liberty to strangers in respect to the hallage money which they shall lease. Notwithstanding all these shows of remedies, I could wish that our merchants adventurers were made acquainted herewith, and to be warned, that if they shall not amend the prices to clothiers for their coarse cloths, whereby the clothiers may be reasonably apparent gainers, and that to be put in practice this next week, that then her Majesty will give authority to put the former helps in practice. Thus, my good Lord, because I understand you are to go to the Court this afternoon, I have thought good to scribble, as I do (lying in pain) these few cogitations, submitting them to a more mature disquisition.

Your Lordship's most assured,

W. Burghley.

14. A List of Patents and Monopolies [Lodge. Illustrations of British History, Vol. III, pp.. 159,[311] ff.]

33. Eliz.—A grant to Reynold Hopton only, and no other, to make flasks, touch-boxes, powder-boxes, and bullet-boxes, for 15 years.

34 Eliz.—A grant to Simon Farmer and John Craford only, and no other, to transport list shreds of woollen cloth, and all manner of horns, for 21 years.

35 Eliz.—A grant to Bryan Annesley, solely, and no other, to buy and provide steel beyond sea and sell the same within this realm for 21 years.

36 Eliz.—A grant to Robert Alexander only, and no other, to buy and bring in anise-seeds, sumach, etc., for 21 years.

39 Eliz.—A grant to John Spillman only, and no other, to buy linen rags, and to make paper.

40 Eliz.—A grant to Ede Schetts, and his assignees only, and no other, to buy and transport ashes and old shoes for 7 years.

36 Eliz.—A grant to [blank] only, and no other, to provide and bring in all Spanish wools for making of felt hats, for 20 years.

34 Eliz.—A grant that Sir Jerome Bowes, and no other, shall make glasses for 12 years.

42 Eliz.—A grant made to Harding and others only, concerning saltpeter.

41 Eliz.—A grant that Brigham and Wimmes shall only have the pre-emption of tin.

Other Monopolies for one man only and no other—

To register all writings and assurances between merchants, called policies.

To make spangles.

To print the Psalms of David.

To print Cornelius Tacitus.

To sow woad in certain numbers of shires.

To print grammars, primers, and other school books.

To print the law.

To print all manner of songs in parts.

To make mathematical instruments.

To plainish and hollow silver vessels.

That one man and no other shall make writs of subpoena in Chancery, Sir Thomas George.

To write all writs of supplication and supersedeas for the peace and good behaviour, and all pardons of outlawry, George Carew.

To draw leases in possession made by the King, Sir Edward Stafford.

To engross all leases by the great seal.

Licenses and Dispensations to one man only, of the Penalty of Penal Laws, and Power given to license others—

[18] Eliz.—A license to Sir Edward Dyer, to pardon and dispense with tanning of leather, contrary to the statute of 5 Eliz., and to license any man to be a tanner.

30 Eliz.—A patent to Sir Walter Raleigh, to make licenses for keeping of taverns and retailing of wines throughout England.

31 Eliz.—The grant to John Ashley and Thomas Windebank, to have all forfeitures and penalties for burning of timber trees to make iron, contrary to the statute of 1 Eliz.

36 Eliz.—A license to Roger Bineon, and others, to take the whole forfeiture of the statute of 5th and 6th of Edw. VI, for pulling down gig-mills.

37 Eliz.—A license to William Smith only, and no others, to take the benefit of the statute of 5 Eliz. for gashing of hides, and barking of trees.

38 Eliz.—A license to Thomas Cornwallis only, and no other, to make grants and licenses for keeping of gaming-houses, and using of unlawful games, contrary to the statute of 33 Henry VIII.

39 Eliz.—A license to William Carre, for nine years, to authorize and license any person to brew beer to be transported beyond sea.

40 Eliz.—A license to Richard Coningsby, to give license for buying of tin throughout England.

41 Eliz.—A license to Richard Carnithen only, to bring in Irish yarn for seven years.

Impositions.

41 Eliz.—A grant to Bevis Bulmer to have an imposition of sea-coal, paying £6,200 rent for 21 years.

36 Eliz.—A grant made to John Parker, Esq., to have twelve-pence for filing of every bill in Chancery in respect whereof the subject is to be discharged of payment of anything of search.

41 Eliz.—A license to trade the Levant Seas with currants only, paying £4,000 per annum.

Particular licenses to transport certain numbers of pelts of sheep-skins and lambskins.

Certain numbers of woollen cloths.

Certain numbers of dickers of calf-skins.

New Inventions.

Only and no other, so as they were never used in England before.

To inn and drain [blank] grounds.

To take water fowl.

To make devices of safe-keeping of corn.

To make a device for soldiers to carry necessary provisions.

[311] Quoted, English Patents of Monopoly, Appendix c, W.H. Price, 1603.

15. Instructions Touching the Bill for Free Trade [Journals of the House of Commons, Vol. I, p. 218], 1604.

The Committees from the House of the Commons sat five whole afternoons upon these Bills; there was a great concourse of clothiers and merchants, of all parts of the realm, and especially of London; who were so divided, as that all the clothiers, and, in effect, all the merchants of England, complained grievously of the engrossing and restraint of trade by the rich merchants of London, as being to the undoing, or great hindrance, of all the rest; and of London merchants, three parts joined in the same complaint against a fourth part; and of that fourth part, some standing stiffly for their own company, yet repined at other companies. Divers writings and informations were exhibited on both parts; learned Counsel was heard for the Bill, and divers of the principal Aldermen of London against it; all reasons exactly weighed and examined; the Bill, together with the reasons on both sides, was returned and reported by the Committees to the House; where, at the third reading, it was three several days debated, and in the end passed with great consent and applause of the House (as being for the exceeding benefit of all the land) scarce forty voices dissenting from it.

The most weighty reasons for the enlargement of trade were these:

Natural Right.—All free subjects are born inheritable, as to their land, so also to the free exercise of their industry in those trades, whereto they apply themselves and whereby they are to live. Merchandize being the chief and richest of all other, and of greater extent and importance than all the rest, it is against the natural right and liberty of the subjects of England to restrain it into the hands of some few, as now it is; for although there may be now some five or six thousand persons, counting children and prentices, free of the several Companies of the Merchants, in the whole; yet apparent it is, that the Governors of these Companies, by their monopolizing orders, have so handled the matter, as that the mass of the whole trade of all the realm is in the hands of some two hundred persons at the most, the rest serving for a shew only, and reaping small benefit.

Judgement of Parliament.—The law stands for it; and a law made 12th of Henry the Seventh, never repealed by Parliament, only restrained since by charters, unduly, or by untrue suggestions, procured (by which means all other monopolies have had their original) and the first of those charters since the making of that statute (which was purchased in the end of the reign of Henry the Seventh, at what time Empson and Dudley were instruments of so much wronging and oppressing the people) yet doth in no wise restrain this liberty of free trade, but expressly allow it (with a reverence unto that very act in the 12th of this reign) and so continued till the reign of Queen Elizabeth.

Examples of Nations.—The example of all other nations generally in the world, who avoid in themselves, and hate in us, this monopolizing way of traffic; for it cannot be otherwise counted than a monopoly, when so large a commodity is restrained into the hands of so few in proportion, to the prejudice of all other who by law and natural right might have interest therein. And whereas some allege that there are like Companies in other countries, as of the East Indies in Lesbone, the House of Contraction there, the Fontego at Venice, the Travesana at Noremberg, these allegations are either untrue or unproper. There are places of assembly for merchants, and to consult for good orders in all other countries, but without restraint of trading from any man; and how traffic, by this freedom, doth flourish in other countries, and principally in the Low Countries, far more than in ours, is apparent to all the world.

Wealth.—The increase of the wealth generally of all the land by the ready vent of all the commodities to the merchants at higher rate; for where many buyers are, ware grows dearer; and they that buy dear at home, must sell dear abroad: this also will make our people more industrious.

Equal Distribution.—The more equal distribution of the wealth of the land, which is a great stability and strength to the realm, even as the equal distributing of the nourishment in a man's body; the contrary whereof is inconvenient in all estates, and oftentimes breaks out into mischief, when too much fullness doth puff up some by presumption, and too much emptiness leaves the rest in perpetual discontent, the mother of desire of innovations and troubles: and this is the proper fruit of monopolies. Example may be in London, and the rest of the realm: The custom and impost of London come to a hundred and ten thousand pound a year, and of the rest of the whole realm but to seventeen thousand pound.

Strength.—The increase of shipping, and especially of mariners, in all ports in England. How greatly the mariners of the realm have decayed in all places of latter times, and with how great danger of the state in these late wars, is known to them who have been employed in that kind of service; who do also attribute the cause thereof to this restraint of trade; free traffic being the breeder and maintainer of ships and mariners, as by memorable example in the Low Countries may be seen.

Profit of the Crown.—The increase of custom and subsidy to the King, which doth necessarily follow the increase of foreign traffic and wealth. And they which say otherwise, will dare to say anything. These reasons are in great part set down in the Act of the 12th of Henry VIIth; other particular reasons there are, which this present time doth not yield.

Opportunity Abroad.—Under our gracious Salamon, a Prince of wisdom and peace, we are like to be in league or amity with all nations; whereby, as there will be greater freedom abroad to trade to all places, so fit to have greater at home for all persons to trade. This alteration of times may make that fit now, which in times of hostility might have seemed unfit.

Necessity at Home.—And as there will be greater opportunity abroad, so also much greater necessity at home; for what else shall become of gentlemen's younger sons, who cannot live by arms when there is no wars, and learning preferments are common to all and mean? So that nothing remains fit for them, save only merchandize (and such is the use of other politic nations) unless they turn serving men, which is a poor inheritance.

The general reasons to continue the restraint of trade, and the answer to them, were these:

Imputation of the State.—It is a taint to the King and State, that these restrained companies should be called or counted monopolies; and by this Act we insist and strengthen the complaint of the Haven Towns and other nations against the State for suffering such companies.

Answer.—The same reason doth justify all the monopolies that ever were. It is no touch to the State if abuses creep in, but if reformation, desired by parliament, be denied. But surely this taint doth no ways attaint his Majesty, who hath declared himself a just enemy to all these unjust monopolies.

Not Monopolies.—These Companies are not monopolies; for a monopoly is, when liberty of selling, due to all men by right, is restrained to one, with prejudice of all others.

Answer.—The name of monopoly, though taken originally for personal unity, yet is fitly extended to all improportionable paucity of the sellers in regard of the ware which is sold. If ten men had the only sale of all the horses in England, this were a monopoly; much more the Company of Merchant Adventurers, which, in effect not above two hundred, have the managing of the two third parts of the clothing of this realm, which might well maintain many thousand merchants more. And with how great prejudice this is sundry ways to all the land, let example suffice; let the cry of all the clothiers of England testify, and the utter overthrow of infinite poor persons, which live by them and their works. For the clothiers having no utterance of their cloth but to the merchant adventurers, they, by complot among themselves, will buy but at what time, what quality, and what price themselves list; whereby the clothiers are fain often to return with loss, to lay their cloths to pawn, to slack their trade, to the utter ruin of their poor workmen, with their wives and children.

Keeping up our Commodities.—These Companies keep up the price of our commodities abroad, by avoiding an over-glut of our commodities in places whereto they trade. And this experience doth witness; for our cloth is of late years much dearer than in former times; whereas contrarywise, when trade is free, many sellers will make ware cheap and of less estimation.

Answer.—It is true that all monopolies keep up their commodities for their own private lucre; but they do it unjustly, and to the discontent of all other men; which hath been the cause of so many edicts of the Empire against the Company of Merchant Adventurers, which hath driven them so often to shift their marts; and is the cause, that our merchants are so generally hated, no other nation Christian either using or enduring such restrained Companies in matter of merchandizes. Howbeit both by reason and experience we may conjecture that there is no greater [blank] that if trade be made free, our commodities will much abate their price abroad; for the merchants must first buy their commodities at home; and where many buyers are, wares will grow dearer; and buying dear at home, he must sell dear abroad. For it is not true that there will be a greater glut of our commodities in foreign parts; the sellers will be more, but the wares sold will be much the same, especially in those principal commodities, which grow out of the land. It is the store of the merchandize, not the multitude of merchants, which doth make things cheaper. Besides, when trade is free, it is likely that many young men will seek out new places, and trade further for great benefit; whereby the glut in the former places will be less.

The weakness of their argument of experience is plain; for not cloth only, but all other things in the world are risen greatly in price; and in France, where there is no Companies, our kerseys are sold at exceeding good price, and as dear, in proportion, as broad cloths by the Merchant Adventurers. But if it were so, that they kept up our commodities abroad, so do they, by the same skill, foreign commodities at home: so a few rich men do gain by their out-going, and the whole land doth lose much more by their return. They say that they gain little by return of foreign commodities. There lieth a mystery, for it is true, and will be avowed upon certain knowledge, that upon the arrival of the Merchant Adventurers' fleet, the commodities, on the other side, are ordinarily raised at least twenty in the hundred; for so do they quit one wrong with another. But hereby the loss still falls heavy on the subject, who is damnified now again in the commodities returned, as he was before in the engrossing of those which were issued.

Venting all Now.—The Companies that now are, do vent all the commodities of the land, and yet are they hardly able to live one by another.

Answer.—It is not all vented, which the land might spare; and that by reason of the courses held by these Companies, to their own excessive gain, and certain loss of all other men: besides, when traffic shall flourish with us, as doth in other countries, where trade is free, and namely in the Low Countries, who thereby have supported the huge charge of their long wars, things merchantable will increase daily by this encouragement to the subjects' industry, even as there they do; for natural commodities are more than trebled by access of art and industry; and howsoever, yet the division of wealth will be more equal; for now, by the plotting of the governor of these Companies, some few overgrown men devour the wealth, and make merry, whilst the rest, even of their own Companies, do want and weep.

Prenticeship Necessary.—This Act makes it lawful to become merchants without prenticeship; which is an injury to them which have served, and hurt to them that serve not; who, venturing unskilfully, shall be sure of loss.

Answer.—The loss of new merchants, it may be, is as much the desire, as fear of the objectors; but they that have served, have their skill for their labour; and they that serve not, must be at charge of a factor, or join with their friends, and learn skill by them; or at least wise men adventure their stocks with other men, after the fashion of the Low Countries, and other places, where trade doth flourish. By the same reason young gentlemen might be kept from their lands, for want of skill to govern them.

Dissolving Companies.—This Act, by enlarging the Companies, and giving free access to all men, doth in effect dissolve them; for hardly are they able to govern those that are in already; and where government faileth, there will be certain confusion.

Answer.—This Act dissolveth no Company, taketh away no good government. Those orders in Companies, which tend to monopoly, it abrogateth: orders for necessary contribution to public charges it establisheth; the rest it leaves as it found them, neither in worse state, nor better. It is weakness to say, that a greater multitude cannot be governed; for so neither Kings in their Dominions and subjects, nor cities in their amplitude should increase. If for matter of merchandize there were no such government at all, nor more than there is for our merchants in France, or hath been at Stade, for divers years past, or than there is in the Low Countries, where are the best merchants in the world; yet provident men would consult and join together in that which were for their common benefit, ease, and safety. Such Companies there are in other countries, but no such monopolies as ours are.

Joint Stock Necessary.—This Act is against trading in a joint stock together, which in long and dangerous voyages (as to Musco, and especially the East Indies) is necessary; for in that voyage one alone will not adventure; besides the merchants must keep some port there amongst the infidels.

Answer.—It is true that it is fit to trade to the East Indies with a joint stock, and so do the Hollanders; this Act therefore doth not forbid men to trade in a joint stock, if they list, and see it fit; only forbiddeth to constrain men to trade so against their wills; which heretofore in other trades, and at this day in the Muscovie trade, doth turn to the great damage both of the Commonwealth and of the particular persons so constrained to trade. The Muscovie Company, consisting of eight score, or thereabouts, have fifteen directors, who manage the whole trade; these limit to every man the proportion of stock which he shall trade for, make one purse and stock of all, and consign it into the hands of one agent at Musco, and so again, at their return, to one agent at London, who sell all, and give such account as they please. This is a strong and a shameful monopoly—a monopoly in a monopoly—both abroad and at home. A whole Company, by this means, is become as one man, who alone hath the uttering of all the commodities of so great a country. The inconveniences, which have ensued thereof, are three apparent.

First, by this means they vent less of our commodities; for, by reason of the one agent, they vent all through his hands; by which means the Hollanders have come in between us; who, trading thither in several with our own English commodities (which are most proper for that country) utter much more than our own merchants, and make quicker return; which has occasioned many Englishmen to join in trade with the Hollanders, to the detriment of the King's Majesty in his customs. And by this means that trade is like utterly to decay; for the Hollanders have grown in short time from two ships to above twenty; this spring they are gone to Muscovie with near thirty ships, and our men but with seven. The like fell out in the Turkie Company, when they constrained men to a joint stock; since the breaking of which combination, there go four ships for one.

Secondly, in their return with Muscovie commodities, they greatly prejudice the Commonwealth and State. Example in cordage, which they bring home in such scarcity, and sell so dearly, as that they have raised it in short time from twenty to thirty shillings; yea, to sell their ware dear, they have contracted with the buyer not to bring any more of that commodity within three years after.

Thirdly, this is hurtful to all the young merchants of their own Company, who cannot forbear their stock so long as now they do, and desire to employ their own industry in managing it, and having oftentimes been all damnified by the breaking of that general factor.

Public Charges.—In divers places, as namely, in Turkey and Muscovy, the merchants are at charge of sending presents, maintaining ambassadors, consuls, and agents, which are otherwise also necessary for the service of his Majesty, and of the State; these charges are now defrayed by these Companies.

Answer.—This matter is expressly provided for by this Act, that all that trade to those places shall be contributory to those charges.

The New Merchants will give over.—The like attempt for free trade was in Anno 1588, at what time liberty being given to all men to buy cloths at Westminster, the Merchant Adventurers gave over to trade at all; whereby the cloth of the land lying on the clothier's hands, they were forced, by petition, to get the former restraint restored.

Answer.—This is true, and the same mischief were likely to ensue again; for it is said, that the same policy is now in speech in their Company. But the times being well altered from war to peace, this mischief would be but short, and other merchants soon grow to take their places, if they should, as (being rich) they may, forsake them. But it were to be trusted that this stomachness, being to their own loss, would not long continue. Howsoever, it doth not stand with the dignity of parliament either to fear or favour the frowardness of any subject.

The Rich will eat out the Poor.—If poor merchants should trade together with the rich, the rich beyond the seas would buy out the poor, being not able to sell at the instant, to make themselves savers; and so there would grow a monopoly ex facto.

Answer.—This reason sheweth thus much, that a crafty head, with a greedy heart, and a rich purse, is able to take advantage of the need of his neighbour (which no man doubteth of); but if the difficulties and dishonesties should deter men from action, and not rather increase their diligence and wariness, then should there be no trading at all in any sort.

Strangers will eat out the English.—If all men may be merchants, the sons of strangers denized will, in time, eat out the natural merchants of this kingdom.

Answer.—If the sons of strangers become natural English, why should they not [have] a subject's part? And more they cannot reap. If any further mischief should grow, it might at all times by a new Act be easily remedied.

All Men may go out of the Realm.—If trade be free for all men, then all may become merchants, and under that pretext any may go out of the realm; which will be good news for the papists.

Answer.—This conceit is weak; for so it may be said that all men may become mariners, and so quit the kingdom; and it is provided by express words of the bill that they may not go out of the realm but for their present traffic.

Against London.—This Act is against London, and the wealth thereof, which is necessary to be upheld, being the head city of the kingdom.

Answer.—Nay, it is for London, unless we will confine London into some two hundred men's purses; the rest of the City of London, together with the whole realm, sue mainly for this bill; and they cry, they are undone, if it should be crossed.

Hurt to the King's Customs.—It will be prejudicial to the King's customs, who in other parts will easier be deceived than here in London.

Answer.—Nothing can be more clear than that if transport and return of merchandize will increase by this Act, also the King's customs, which depend thereon, must withal increase: And if this Bill may pass, if the King be pleased to let his custom to farm, to give 5,000l. a year more than, communibus annis, hath been made these last years. The deceiving of the King is now, when, for want of this freedom, men are enforced to purchase the vent of their commodities out of creeks, because they cannot be admitted to public trade; whereas otherwise they should have no reason to hazard their whole estate, for the saving of so reasonable a duty. As for faults in officers, they may as well happen in London, as in any other place.

Decay of Great Ships.—During freedom of trade, small ships would be employed to vent our commodities, and so our great ships, being the guard of the land, would decay.

It is war, more than traffic that maintaineth great ships; and therefore, if any decay grow, it will be chiefly by peace, which the wisdom of the State will have a regard of; but for as much depends of traffic, no doubt the number of smaller ships will grow by this freedom, and especially mariners, whereof the want is greatest, and of whom the smallest vessels are the proper nurseries. But that the great ships will decay, doth not necessarily follow; for the main trade of all the white cloth, and much of other kind, is shipped from the Port of London, and will be still, it being the fittest Port of the kingdom for Germanie and the Low Countries, where the Merchant Adventurers' trade only lieth; who shall have little cause to alter their shipping. Then the Levent Sea, Muscovy, and East Indies, whither we trade with great ships, the employing of them will be still requisite in the merchants' discretion; for otherwise both the commodity of the returned will be less, and the adventure too great in so rich lading not to provide for more than ordinary assurance against the common hazard at sea.

Other particular reasons there are, for restraint of trade in favour of certain Company.

Merchant Adventurers.—The Company of Merchant Adventurers is very ancient, and they have heretofore been great credit to the Kings, for borrowing money in the Low Countries and Germany.

Answer.—The Company indeed is as ancient as Thomas of Beckett, their founder, and may still continue. Their restraining of others, which this Bill doth seek to redress, is not so ancient, and was so disallowed by parliament in the twelfth year of Henry the seventh; which Act stands impeached by particular charter, but never by consent of the realm repealed. But in truth this Company, being the spring of all monopolies, and engrossing the grand staple commodities of cloth into so few men's hands, deserves least favour. The credit of the King hath been in the cloth (not in their persons) which will be as much hereafter, as heretofore.

Muscovy Company.—The Muscovy Company, by reason of the chargeable invention of that trade two and fifty years since, and their often great loss, was established by Act of Parliament in the eighth year of Queen Elizabeth.

Answer.—The chargeable invention hath been a reason worthy of respect thirty or forty years ago, when the inventors were living, and their charge not recompensed by counter-vailable gain; which since it hath been their loss, hath been their own fault, in employing one factor, who hath abused them all. Private Acts for favour, when the cause thereof is ceased, are often revoked. Howbeit this Bill dissolveth no Company, only enlargeth them, and abrogateth their unjust orders for monopolies.

An Argument Unanswerable.—Another argument there is, not to be answered by reason, but by their integrity and love of their country, who shall be assaulted with it. In sum, the Bill is a good Bill, though not in all points, perhaps, so perfect as it might be; which defects may be soon remedied and supplied in future parliament.


Sir Edward Sandys proceeded in the report, and delivered in the two Bills for free trade; the first (being the principal Bill) with amendments; which were twice read; and the Bill, upon question, ordered to be ingrossed.

16. The Establishment of a Company to Export Dyed and Dressed Cloth, in place of the Merchant Adventurers[312] [Pat. Rolls, 13 James I, p. 2], 1616-17.

James by the Grace of God, etc.:

We have often and in divers manners expressed ourselves ... what an earnest desire and constant resolution we have that, as the reducing of wools into clothing was the act of our noble Progenitor King Edward the Third, so the reducing of the trade of white cloths, which is but an imperfect thing towards the wealth and good of this our Kingdom, unto the trade of cloths dyed and dressed, might be the work of our time,

To which purpose we did first invite the ancient Company of Merchant Adventurers to undertake the same, who upon allegation or pretence of impossibility refused.

Whereupon nevertheless not discouraged but determined to maintain our princely resolution against impediments and difficulties in a work so excellent, We did find means to draw and procure divers persons of good quality within our City of London and elsewhere with great alacrity and commendable zeal to give a beginning to this our purpose,

In respect whereof, for that above all things We were to take a princely care that between the cessation of the old trade and the inception and settling of the new there should not be any stand of cloth nor failing or deadness in the vent thereof, whereby the work which is so good for the future might prove dangerous in the entrance thereof, we were inforced to grant several licences under our Great Seal unto the said persons for a trade of whites to be temporary and in the interim until this work by due and seasonable degrees without inconvenience of precipitation might be happily accomplished, giving them likewise some powers of assembling, keeping of Courts and the like, but yet without any actual incorporation of them,

But notwithstanding, having evermore in contemplation our first end, We have still provoked and urged on the said persons unto whom the trade is now transferred to some certainty of offer and undertaking concerning a proportion of cloths dressed and dyed to be annually exported, and the same proportion to increase and multiply in such sort as may be a fruitful beginning of so good a work and also an assured pledge of the continuation thereof in due time.

Whereupon the said persons or new Company have before the Lords of our Privy Council absolutely condescended and agreed at a Court holden the seventeenth day of June one thousand six hundred and fifteen, that thirty-six thousand cloths shall be dressed and dyed out of such cloths white as were formerly used to be shipped out by the old Company undressed and undyed....

... And did further promise and profess with all cheerfulness to proceed as it shall please God to give ability and the trade encouragement to the settling of the whole trade of cloths dressed and dyed, which is the end desired.

Wherefore We, in our princely judgement foreseeing that as long as the said new Company shall remain not incorporated it doth much weaken both the endeavour and expectation which belongeth to this work, as if it were a thing but only in deliberation and agitation and not fully and thoroughly established, have thought it now a fit time to extend our princely grace unto them for their incorporation and to indue and invest them with such liberties and privileges as the old Company formerly had, with such additions and augmentations as the merit of concurrence to so good an end may require, with this, nevertheless, that because the nature of the present liberties and privileges must of necessity differ from those which shall be fit and requisite when the whole trade shall be overcome and settled, there be therefore a power in Us to revoke or alter the same.

Know ye therefore that We ... by these presents have given, granted and confirmed, and for Us our heirs and successors do give, grant and confirm, unto our right trusty and right well beloved Cousin and Counsellor Thomas, Earl of Suffolk, Lord High Treasurer of England [and others named], and to every of them, and to all and every such person and persons whatsoever our loving subjects as shall, between this and the feast of St. Michael the Archangel next ensuing come in, subscribe, and be admitted of their Society, That they and every of them, their and every of their sons and apprentices according to the constitutions and ordinances hereafter by the Company to be made and presented, shall be one Fellowship and Commonalty and one body corporate and politic in deed and in name, by the name of Governor, Assistants, and Fellowship of the King's Merchants Adventurers of the New Trade of London.

[Power to have common seal, etc.]: [There shall be one Governor, William Cokayne, Alderman of our City of London, to be the first and present Governor, to continue till June 24 next] and from thence until the said William Cokayne or some other of the said Fellowship or Company shall in due manner be chosen and sworn to the said office according to the ordinances and provisions hereafter in these presents expressed and declared, if he the said William Cokayne shall so long live:

[And further] there shall be from henceforth for ever hereafter one or more, not exceeding the number of six, of the said Company or Fellowship to be elected and chosen, which shall be called the Deputy or Deputies of the said Company or Fellowship: ...

And furthermore We for Us, our heirs and successors, do by these presents grant and confirm to the said [Fellowship] and their successors that it shall and may be lawful to and for them and every of them, and their successors for ever, hereafter to trade, traffic, and occupy and use the trade and feat of merchandise unto, from and with the Town of Callice in the Realm of France and the marches thereof, and into, from and with all and every the countries of Holland, Zeland, Brabant, Flaunders, West Frizeland and all other the countries nigh thereunto adjoining heretofore under the obeisance of the Dukes of Burgundy, or into East Frizeland and Hamborough and the Territories of the same, and into from and with the countries of Germany and all the Territories, Provinces, Cities and Towns thereof with all manner of woollen cloths, kersies, wares, commodities and merchandises whatsoever not prohibited, without any let contradiction or interruption of Us, our heirs or successors, or of any other person or persons whatsoever:

And our will and pleasure is, and We do hereby for Us, our heirs and successors, grant and confirm unto the said [Fellowship &c.], that the said Governor or Deputy and the said Assistants or the more part of them for the time being, being at least thirteen, shall from henceforth for ever have, use and exercise full jurisdiction, power and authority lawfully to rule and govern the same Company or Fellowship and their successors, and all and every merchants and members of the same, in all their private causes, suits, quarrels, misdemeanours, offences and complaints among them touching the said trade, as well here in England as beyond the seas in Callice and the marches thereof, and also in the Countries and Towns of Holland [etc. Germany, etc., as above] rising, moved and to be moved....

And moreover We ... do by these presents grant unto the said [Fellowship, etc.] that the said Governor, Deputy and Assistants, or thirteen of them at the least, and their successors for the time being from time to time and at all times from henceforth, shall and may enact, establish, allow and confirm, and also revoke, disannul and repeal all and every act and acts, laws, and ordinances heretofore had or made by the said [Fellowship, etc.] or by what name or names or additions soever, and also shall and may from henceforth from time to time and at all times hereafter for ever enact, make, ordain and establish acts, laws, constitutions and ordinances [for the good government of the Fellowship] and of every merchant and peculiar member of the same Fellowship or body corporate [and also of all our subjects] intermeddling exercising or using the feat or trade of the said [Fellowship] by any means, as well here in England as in the said countries towns and places beyond the seas, so that the said acts laws [etc.] be not hurtful to any the rights of our Crown, honour, dignity royal or prerogative, or to the diminution of the common weal of this our Realm or contrary to any our laws and statutes.... And that the said [Fellowship, or thirteen as aforesaid] shall and may take order with every the subject or subjects of Us our heirs and successors, not being of the said Company and trading or haunting the said countries or places beyond the seas or any of them for merchandise, and compel every of them by fines, forfeitures, penalties, imprisonments or otherwise to obey, hold and perform all such orders, acts and ordinances that hereafter shall be ordained, made, allowed or confirmed by the said [Fellowship or majority as above] for the good government, rule, order and condition of the said subject or subjects, so as the state of the said Company be not by them impeached or hindered but by all means and ways maintained and continued. And that all such forfeitures fines [etc.] so as aforesaid to be levied and taken shall be for evermore to the use and behoof of the said [Fellowship, etc.]

... And also We will, and for Us, our heirs and successors, by these presents do grant to the said [Fellowship] that the said [Fellowship or a majority, thirteen at least, as above] shall have full and whole power and authority to impose and lay, and also to take and levy, all reasonable impositions and sums of money whatsoever as well upon all persons trading into the said countries as also upon the merchandise to be transported and carried into the countries, towns, provinces and territories before rehearsed or any of them either by water or land....

And, for the better encouragement of the said Company or Fellowship ... We do hereby for Us our heirs and successors straitly charge and command all and singular the customers, comptrollers, searchers, surveyors, waiters and all others the officers and ministers of Us our heirs and successors for the time being in all every or any of our ports, havens, creeks and the members of the same within our Realms and Dominions ... that they and every of them ... shall not at any time or times hereafter wilfully permit or suffer any of the subjects of Us our heirs or successors or any aliens denizens or strangers to freight, lade or ship out in any ship, crayer, lighter or other vessel whatsoever any goods wares or merchandises whatsoever (being native commodities of this Realm) for any of the said territories, countries and towns before-mentioned wherein the said [Fellowship etc.] according to the intent of these presents are to trade and traffic, but such goods, wares and merchandises only whose entries shall be subscribed and allowed by the Governor or Deputy of the said Company for the time being by bill or writing subscribed with his or their hand or hands, or such other person or persons as by the said Governor or Company shall be thereunto named and appointed, and in such ship or ships or other vessel or vessels only as shall be named in such bills or writings....

And for the better encouragement of the said [Fellowship] to proceed in exportation of cloths dressed and dyed here in this our Realm, which will tend so much to the common weal of the same, and which by the said Company or Fellowship cannot as yet in such full manner be perfected as that they can have sufficient vent for the said dressed and dyed cloths in foreign parts without a temporary liberty to export cloths white, until by continuance of time they shall be further enabled and encouraged, We do by these presents ... give and grant unto the said [Fellowship etc.] full and free liberty, licence, power, privilege, authority and immunity that they or any of them, by themselves or by their or any of their servants, factors or agents, at their or any of their liberties and pleasures yearly and every year shall and may provide and buy, or cause to be provided and bought, within this our Realm of England and other our Dominions for their or any of their proper use or uses the number of thirty thousand woollen cloths unrowed unbarbed and unshorn and not fully and ready dressed and wrought, of which said number of thirty thousand cloths yearly five and twenty thousand shall be every cloth above the value or price of six pounds of lawful money of England, and the number of five thousand cloths residue of the said yearly number of thirty thousand cloths uncoloured or white above the value or price of four pounds of lawful money of England, or of any higher or greater prices whatsoever, ... and the same from this our Realm of England into the towns of Callice and the marches thereof in the Realm of France and into the countries and towns of Holland [etc., as above] to transport, send, convey, ship and carry over or cause to be transported, sent, shipped, conveyed and carried over there to be by them unladen, discharged, vented, sold ... or otherwise disposed ... and from thence to freight, lade, ship, return, import and bring back into this our said Kingdom or into any part thereof all such wares, commodities, goods and merchandises already not prohibited as to them or any of them their servants, factors or agents shall seem good, paying to Us our heirs and successors our duties and customs due and to be paid for the same, and further paying unto our trusty and well-beloved Cousin the Earl of Cumberland, his executors or assigns, for every white unwrought or undressed woollen cloth so to be by them or any of them shipped or transported out of this Realm under the warrant of his present licence over and above the said thirty thousand cloths two shillings and eight pence....

And our will and pleasure is, and We do hereby declare our Royal intent and meaning to be, and the said [Fellowship, etc.] do covenant, promise and agree to and with Us our heirs and successors by these presents, that they and their successors shall from time to time and at all times do their utmost endeavours that after the end and expiration of the said three years ensuing, during which the proportion of thirty-six thousand cloths are undertaken to be exported as is before in these presents expressed, that their trade of exporting and merchandising into the foresaid countries, provinces, towns and places aforesaid of woollen cloths may be wholly reduced unto the venting of such cloths only as shall be dyed and dressed here within this our Realm and other our Dominions, so far forth as it shall please God to give them and their successors ability and the trade encouragement, anything in these presents contained to the contrary notwithstanding: ...

... Provided also that these our Letters Patents or any matter or thing therein contained shall not extend to give authority or power to the said [Fellowship of the King's Merchants, etc.] or to any member or person of the said Company to transport or carry out of the realm any cloths, kersies, wares, commodities or merchandises whatsoever, which by the laws and statutes of this Realm are restrained or prohibited to be transported or carried over the seas, otherwise than according to the true intent and meaning of these presents, unless they shall obtain and procure licence for the same.

[312] Printed in the publications of the Selden Society, Vol. 28, pp. 78-98.

17. Sir Julius Caesar's Proposals for Reviving the Trade in Cloths [Lansdowne MSS.,[313] clii. 56, f. 271], 1616.

Means to avoid the present stand of cloth—

(1) Commissioners honest and substantial and sufficient for skill to be presently appointed for the view of the cloth weekly to Blackwell Hall, and the faulty cloth to be returned upon the clothier with imprisonment till he put in security to answer it in the law; and the good to be justly valued, according to the usual prices for these two years past, and the new Merchant Adventurers enforced to buy the same.

(2) So many of the new Merchant Adventurers as shall refuse to lay out for cloth such sums as they have subscribed for to be presently committed, to abide the censure of the Star Chamber for abusing of his Majesty and the State in so desperate and dangerous a case as this is.

(3) The fines of them to be employed in the buying of cloth for the riddance of the market.

(4) So many in London as are thought worth 10,000l. to be moved by my Lord Mayor to buy up clothes for 1,000l. at the least; especially all woollen drapers of half that worth, viz., 5,000l.

(5) Express commandment and present example of King's Counsellors and Courtiers and all their servants to wear nothing but broad cloth in their gowns, cloaks, girths, robes or breeches till Easter next, to the end that woollen drapers may be encouraged to buy the cloth made or to be made before that day; or else on pain of imprisonment not to come into Court....

(10) And if it be doubtful whether these proceedings agree with law, the answer is that they do, for the law giveth place to parlous cases of State and leaveth them to be provided for by the wisdom of the King and his Counsellors; and Salus reipublicÆ suprema lex est, which is a sufficient answer to all cavillers and peevish lawyers.

[313] Quoted, Unwin, Industrial Organization in the Sixteenth and Seventeenth Centuries, pp. 192-3.

18. The Grant of a Monopoly for the Manufacture of Soap [W.H. Price, The English Patents of Monopoly, Appendix W.], 1623.

James, by the grace of God, etc., to all to whom these presents shall come, greeting.

Whereas We, by our letters patents ... did give and grant unto our well-beloved subjects Roger Jones and Andrew Palmer, their executors, administrators, and assigns, full and free liberty, license, power, privilege, and authority that they, ... and none other, by themselves, their deputies, servants, factors, or workmen, should or might at all and every time and times thereafter, and from time to time, during the term of twenty and one years next ensuing the date of the said letters patents, ... use, exercise, practice, and put in use ... the mistery, art, way, means, and trade of "making of hard soap with the material called barilla, and without the use of any fire in the boiling and making thereof, and also of the making of soft soap without the use of fire in the boiling thereof," with such privileges and clauses as in said letters patents are contained and may more at large appear: And whereas since the granting of the said letters patents the said Roger Jones and Andrew Palmer, and such others, their assistants, as by great expense and travail have aided and assisted them in perfecting the said invention, have found out and added to their former invention many particulars conducing much to the profitableness and perfection of the work, both in the use of native and home commodities of this kingdom in the working and composition of the said soaps, and thereby in sparing and saving many thousands yearly which are now expended on foreign commodities bought and brought from beyond the seas, and employed here in the making of soap, in the manner now ordinarily used; ... Forasmuch as such profitable inventions are not at once and at the first brought to their full perfection, We hold it fit in justice and honour to give all encouragement to such our loving subjects as shall employ their travails, industries, and purses to the furthering of the common good, and to reward them to the full with the fruits of their own labours; and forasmuch also as the said Roger Jones and Andrew Palmer have now approved their inventions and skill to be such as deserveth encouragement, their soap, made (blank) the material of our kingdom only, being found to be as sweet and good as the best soft soap now already made, and to extend further in the use thereof, as they in the behalf of themselves and their assistants have also made offer unto us to respect our own particular profit, in such measure as that the loss we may receive in our customs and other duties by the not importing of foreign commodities for the making of soap as in former times, shall by their industries be recommended unto us, our heirs, and successors, in certainty with good advantage; and our loving subjects, who have long complained of the bad and stinking soap now ordinarily in use, shall have good, sweet, and serviceable soap for their money, and yet shall not have the price thereof raised upon them above the usual rate of the best sweet soap now made and sold by the soap-boilers.

Know ye, that We, for the considerations aforesaid, of our especial grace, certain knowledge, and mere motion, have given and granted, and by these presents, for us, our heirs and successors, do give and grant unto the said Roger Jones and Andrew Palmer on the behalf of themselves and their assistants, full and free liberty, license, power, privilege and authority that they, the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, by themselves or their deputies, servants, factors, or workmen, and none other, shall and may at all and every time and times hereafter, and from time to time during the term of twenty and one years next ensuing the date of these presents, at their own proper costs and charges, use, exercise, practice, and put in use, within our said realms of England and Ireland and dominion of Wales, and our town of Berwick, at their liberty and pleasure, the mistery, art, way and means of making of hard soap and soft soap, as well with the materials and in such manner as in the said former letters patents are expressed, as also of burning and preparing of bean-straw, pea-straw, kelp, fern, and other vegetables to be found in our own dominions, into ordinary ashes or into potashes, and with the said materials of the ashes of bean or pea straw, and kelp, fern, and all other vegetables whatsoever not formerly and ordinarily used or practised within these our realms and dominions to make soap hard or soft, at their will and pleasure, and in such way or form as they have invented or devised; and also of the using of the assay glass for trying of their lye and making of hard and soft soap by their said new inventions, in the way of making of the said soaps by sundry motions, and not boiling of the same with the expense of much fuel, in such sort as was formerly accustomed by such as now usually make soap in and about our city of London and elsewhere in our said dominions; ... and to the end that this our pleasure may be the better effected, and the said Roger Jones and Andrew Palmer may the more fully enjoy the benefit of this our grant, We will, and for us, our heirs and successors, do straightly charge, inhibit, and command, and do also of our especial grace, certain knowledge, and mere motion, for us, our heirs and successors, grant to the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, that no person or persons whatsoever born within any our realms or dominions, nor any other person or persons whatsoever, either denizens or strangers born in any foreign realm or country whatsoever, of what estate, degree, or condition soever he or they be or shall be, other than the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns or such as shall by them or some of them be set on work or authorised, shall or may, at any time or times during the said term of one and twenty years hereby granted or mentioned, or intended to be granted, practice, use, exercise, or put in use the said mistery, art, way, means, or trade of making the said hard or soft soaps with any the materials aforesaid, ... And to the end it may the better appear when any such soap shall be made contrary to the true intent and meaning of these presents, for us, our heirs, and successors, give and grant full liberty, power, and authority unto the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, that a stamp or stamps, seal or seals, to be engraven with a rose and crown, shall be stamped, sealed, or marked on all the soaps by them or any of them to be made in manner and form before declared, the better to distinguish their said soap from all counterfeit soap, either hard or soft, made or to be made by any person or persons contrary to the true intent and meaning of these presents or of the letters patents before recited, which seal or stamp so to be made as aforesaid We do by these presents will and command be set upon the hard soap, and upon the firkins, barrels, and other vessels containing the said soft soap so to be made, and shall not be set upon soaps hard or soft made by any other person or persons whatsoever contrary to the true intent of these presents, but shall be set and fixed only upon such soap as shall be from time to time made by the said Roger Jones and Andrew Palmer, their executors, administrators, or assigns, according as is herein before setdown, and no other; and further, We do by these presents grant that it shall and may be lawful to and for the said Roger Jones and Andrew Palmer, their executors, administrators, or assigns, or any of them, by himself or themselves, or by his, their, or any of their deputies, factors, or servants, at any time or times convenient, and from time to time during the said term of one and twenty years, with assistance of a constable or some other officer, to enter into all and every place and places, house and houses, where they or any of them shall have any just cause to suspect any such hard soap or soft soap, or soap-ashes, or potashes, to be made or endeavoured to be made or stamped or sealed, or to be sold or uttered or set to sale, contrary to the true intent and meaning of these presents or of the letters patents before recited, or any vessels, engines, or instruments to be erected, framed, or used contrary to the true meaning hereof, ... and finding any such, to seize the hard soaps and soft soaps, and potashes, and other ashes hereby granted so made to the use of us, our heirs, and successors: ... And forasmuch as the public having an interest herein, which by the enhancing of the prices of the commodities aforesaid may be prejudiced and damnified, our will and pleasure is, and we do hereby straightly charge and command, that they the said Roger Jones and Andrew Palmer, their executors, administrators, and assigns, or any other person or persons by them to be authorised for the making of the said hard soap or soft soap, shall not, at any time during the said term of one and twenty years, sell, or cause to be sold, the said hard soap or soft soap, by them or any of them to be made as aforesaid, at any higher or dearer rates and prices than hard soap and soft soap of the best sorts and kinds were most usually sold for, within the space of seven years now last past before the date of these presents. And further, We do hereby charge and command all and singular justices of peace, mayors, sheriffs, constables, headboroughs, comptrollers, customers, searchers, waiters, and all other officers and ministers to whom it shall or may appertain, to be aiding and assisting in all lawful and convenient manner unto the said Roger Jones and Andrew Palmer, their executors, administrators, deputies, and assigns, in the due execution of these our letters patents, as they tender our pleasure and will avoid our indignation and displeasure in the contrary....

19. The Statute of Monopolies [21 James I, c. 3, Statutes of the Realm, Vol. IV, Part. II, pp. 1212-14], 1623-4.

Forasmuch as your most excellent Majesty, ..., did, in the year of our Lord God one thousand six hundred and ten, publish in print to the whole realm and to all posterity, that all grants of monopolies and of the benefit of any penal laws, or of power to dispense with the law, or to compound for the forfeiture, are contrary to your Majesty's laws ...; and whereas your Majesty was further graciously pleased expressly to command that no suitor should presume to move your Majesty for matters of that nature: yet nevertheless upon misinformations and untrue pretences of public good, many such grants have been unduly obtained and unlawfully put in execution, ...; for avoiding whereof and preventing of all the like in time to come, may it please your Majesty, at the humble suit of the Lords Spiritual and Temporal and the Commons in this present Parliament, that all monopolies and all commissions, grants, licenses, charters, and letters patents heretofore made or granted to any person or persons, bodies politic or corporate whatsoever, of or for the sole buying, selling, making, working, or using of anything within this realm or the dominion of Wales ... are altogether contrary to the laws of this realm, and so are and shall be utterly void and of none effect, and in no wise to be put in use or execution.

II. And be it further declared and enacted by the authority aforesaid that all monopolies and all such commissions, grants, licenses, charters, letters patents, proclamations, inhibitions, restraints, warrants of assistance, and all other matters and things tending as aforesaid and the force and validity of them and every of them ought to be, and shall be forever hereafter examined, heard, tried, and determined by and according to the common law of this realm and not otherwise.

III. And be it further enacted by the authority aforesaid that all person and persons, bodies politic and corporate whatsoever, which now are or hereafter shall be, shall stand and be disabled and incapable to have, use, exercise, or put in use any monopoly or any such commission, grant, license, charters, letters patents, proclamations, inhibition, restraint, warrant of assistance, or other matter or thing tending as aforesaid, or any liberty, power, or faculty grounded or pretended to be grounded upon them or any of them.

IV. [Persons aggrieved by monopolists to recover at Common Law treble the damages incurred.]

V. Provided nevertheless, and be it declared and enacted that any declaration before mentioned shall not extend to any letters patents, and grants of privilege, for the term of one and twenty years or under, heretofore made of the sole working or making of any manner of new manufacture within this realm, to the first and true inventor or inventors of such manufactures which others at the time of making of such letters patent and grants did not use, so they be not contrary to the law nor mischievous to the state, by raising of the prices of commodities at home, or hurt of trade, or generally inconvenient, but that the same shall be of such force as they were or should be if this act had not been made, and of none other: and if the same were made for more than one and twenty years, that then the same for the term of one and twenty years only, to be accounted from the date of the first letters patents and grants thereof made, shall be of such force as they were or should have been if the same had been made but for the term of one and twenty years only, and as if this act had never been had or made, and of none other.

VI. Provided also, and be it declared and enacted, that any declaration before mentioned shall not extend to any letters patents and grants of privileges for the term of fourteen years or under, hereafter to be made of the sole working or making of any manner of new manufactures within this realm, to the true and first inventor and inventors of such manufactures which others at the time of making such letters patents and grants shall not use, so as also they be not contrary to the law nor mischievous to the state, by raising prices of commodities at home, or hurt of trade, or generally inconvenient, the said fourteen years to be accounted from the date of the first letters patents or grants of such privilege hereafter to be made, but that the same shall be of such force as they should be if this act had never been made and of none other.

VII. [This Act not to be prejudicial to grants conferred by Act of Parliament.]

VIII. [This Act not to extend to warrants directed to judges to compound for forfeitures under penal statutes.]

IX. Provided also, and it is hereby further intended, declared, and enacted that this act or anything therein contained shall not in any wise extend or be prejudicial unto the city of London, or to any city, borough, 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 custom or customs used by or within them or any of them or unto any corporations, companies, or fellowships of any art, trade, occupation, or mistery, 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, customs, corporations, companies, fellowships and societies, and their liberties, privileges, powers and immunities shall be and continue of such force and effect as they were before the making of this act, and of none other: anything before in this act contained to the contrary in any wise notwithstanding.

X. [This Act not to extend to grants relating to printing, the manufacture of saltpetre or gunpowder, the casting of ordnance or shot, or to offices other than those created by royal proclamation.]

XI. [This Act not to extend to grants relating to alum or alum-mines.]

XII. [This Act not to extend to the fellowship of the Host-men of Newcastle-upon-Tyne, or to grants or commissions relating to the licensing of taverns.]

XIII. [This Act not to extend to any grant or privilege concerning the manufacture of glass given to Sir Robert Mansell, or to a grant for the transportation of calf-skins made to James Maxwell.]

XIV. [This Act not to extend to a grant concerning the making of smalt made to Abraham Baker, nor to a grant concerning the melting and casting of iron ore made to Edward, Lord Dudley.]

20. An Act for the Free Trade of Welsh Clothes,[314] [2 James I, c. 9, Statutes of the Realm, Vol. IV, Part II, pp. 1218-19], 1623-4.

Whereas the trade of making of Welsh clothes, friezes, linings and plains within the principality and dominion of Wales, is and hath been of long continuance, in the using and exercising whereof many thousands of the poorer sort of the inhabitants there in precedent ages have been set on work in spinning, carding, weaving, fulling, cottoning and shearing, whereby they (having free liberty to sell them to whom and where they would) not only relieved and maintained themselves and their families in good sort, but also grew to such wealth and means of living as they were thereby enabled to pay and discharge all duties, mizes, charges, subsidies and taxations which were upon them imposed or rated in their several counties, parishes and places wherein they dwelled, for the relief of the poor, and the service of the King and the commonwealth; and whereas also the drapers of the town of Shrewsbury, in the county of Salop, have of late obtained some orders of restraint, whereby the inhabitants of Wales find themselves much prejudiced in the freedom of their markets for buying and selling of their clothes, to their great damage, as was verified by the general voice of the knights and burgesses of the twelve shires of Wales and of the county of Monmouth: for remedy whereof, be it declared and enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and Commons in this present parliament assembled, and by the authority of the same, that it shall and may be lawful to and for all and every his Majesty's subjects inhabiting or dwelling, or which at any time shall inhabit or dwell within the said dominion of Wales, or any part thereof, freely to sell by way of barter or otherwise, all or any their Welsh clothes, cottons, friezes, linings or plains, at their wills and pleasures, to any person or persons who lawfully by the laws and statutes of this realm may buy the same; and that it shall and may also be lawful for any person and persons who by the laws or statutes of this realm may lawfully buy such clothes, and other the premises, freely to buy the same of any person or persons inhabiting or dwelling, or which hereafter shall inhabit or dwell, within the said dominion of Wales: any charter, grant, act, order or any thing else heretofore made or done, or hereafter to be made or done, to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for any person or persons using or which shall use the trade of merchandize, to transport into any the parts beyond the seas any of the said Welsh clothes, cottons, friezes, linings and plains, out of any ports or havens within this realm of England or dominion of Wales, or out of any the members thereof, where his majesty, his heirs or successors, have or shall then have officers attending to search, view and control the same, and to receive the King's Majesty's customs and other duties due and payable for the same; so as always the customs and other duties payable for such clothes and other premises so to be transported, shall be justly and duly paid for the same; and so as always the said Welsh clothes, cottons, friezes, linings and plains, before the transporting thereof, shall be fulled, cottoned and sheared as in former times they have used to be; and that no person shall transport the said clothes in other manner than as aforesaid, upon pain to forfeit the whole value of such clothes so to be transported contrary to the true meaning of this act....

Provided always, that this act or anything therein contained, shall not give power or authority to any foreigner or foreigners to buy and sell by way of retail any the said Welsh clothes, cottons, friezes, linings or plains within the town of Shrewsbury, or in any other corporate town or privileged place, contrary to any lawful charter, grant, custom, privilege or liberty in the same town or place now being or used.

[314] This Act should be read in connection with the Statute of Monopolies (No. 19) and with the Instructions touching the Bill for Free Trade (No. 15), as representing the ideas of parliament as to the desirability of Free Trade within the country.

21. The Economic Policy of Strafford in Ireland [Knowler, Letters and Despatches of Thomas Wentworth, Earl of Strafford, Vol. II, pp. 19, 20, Letters of Strafford to the Master of the Rolls, July 25, 1636], 1636.

The last of my generals was that of trade, which I discoursed in this manner; I let them see how the merchants trading thither had been spoiled by the pirates before my coming, as well in his Majesty's harbours, as at sea, a ship fired in the port of Dublin, in sight of His Majesty's Castle, and there continued burning, and the pirate lading and returning from the ship two days together to the mighty scandal of the State; that the shipping for want of money came so late in the year, that all the mischief was done before they came, which commonly was not before the latter end of July, but that now the monies duly answered unto the Exchequer here, the ships had been for these two last years upon the coast by the beginning of March, five or six of the Biscayners taken within the Channel, imprisoned, and after released upon their promise not to exercise any hostility hereafter within the Channel; a great ship of the Duke of Macqueda taken on the west coast, and thereby so discouraged them, that the merchant hath not lost anything since my arrival there, nor were so much as heard of a Biscayner these last two summers. This hath been a means that Trade hath increased exceedingly, and so will still (if we have peace), to the honour of his Majesty, and the enriching of his people.

That the trade here was not only much greater, but rightly conditioned, the native commodities exported being in value at least a third, if not double, the value to the foreign commodities imported; a certain sign that the Commonwealth gathers upon their neighbours.

That there was little or no manufacture amongst them, but some small beginnings towards a clothing trade, which I had and so should still discourage all I could, unless otherwise directed by his Majesty and their lordships, in regard it would trench not only upon the clothings of England, being our staple commodity, so as if they should manufacture their own wools, which grew to very great quantities, we should not only lose the profit we made now by indraping their wools, but his Majesty lose extremely by his customs, and, in conclusion, it might be feared they would beat us out of the trade itself, by underselling us, which they were well able to do. Besides in reasons of State so long as they did not indrape their own wools, they must of necessity fetch their clothing from us, and consequently in a sort depend upon us for their livelihood, and thereby become so dependent upon this Crown as they could not depart from us without nakedness to themselves and children. Yet have I endeavoured another way to set them on work, and that is by bringing in the making and trade of linen cloth, the rather in regard the women are all naturally bred to spinning, that the Irish earth is apt for bearing of flax, and that this manufacture would be in the conclusion rather a benefit than other to this Kingdom. I have therefore sent for the flax seed into Holland, being of a better sort than we have any, sown this year a thousand pounds worth of it (finding by some I sew the last year, that it takes there very well), I have sent for workmen out of the Low Countries and forth of France, and set up already six or seven looms, which, if please God to bless us this year, I trust so to invite them to follow it, when they see the great profit arising thereby, as that they shall generally take to it and employ themselves that way, which if they do I am confident it will prove a mighty business, considering that in all probability we shall be able to undersell the linen cloths of Holland and France at least twenty in the hundred.

My humble advice in the conclusion for the increase of trade was, that his Majesty should not suffer any act of hostility to be offered to any merchants or their goods within the Channel, which was to be preserved and privileged, as the greatest of his Majesty's ports, in the same nature and property as the Venetian State do their Gulf, and the King of Denmark his Sound, and therefore I humbly besought his Majesty and their lordships that it might accordingly be remembered and provided for in all future treaties with foreign princes.

Upon the summing up of all which, I did represent that Kingdom to his Majesty and the lords as a growing people that would increase beyond all expectation if it were now a little favoured in this their first spring, and not discouraged by harder usage than either English or Scotch found. The instances I gave were the imposition upon coals, wherein the Irish were not treated as English, but as foreigners, by imposing four shillings upon a tun, which was full as much as either French or Dutch paid; next, that excessive rate set upon a horse or mare to be transported forth of this Kingdom, so as I did not know how the army should be provided for the King's service, there not being in that Kingdom of their own breed to furnish those occasions; and lastly eighteenpence set upon every live beast that comes thence, all which will be a great discouragement for any to transplant themselves and children into a country where they shall presently be dealt withal as aliens, be denied the favours and the graces afforded to other subjects, and utterly quell and cut off any increase of trade by nipping it and overburdening it thus in the bud.

22. Revocation of Commissions, Patents and Monopolies Granted by the Crown [Soc. Ant. Proc. Coll.,[315] April 15, 1639].

Whereas divers grants, licenses, privileges, and commissions have been procured from his Majesty,.., which since upon experience hath been found prejudicial and inconvenient to his people, contrary to his Majesty's gracious intention in granting the same; And whereas also upon like suggestions, there hath been obtained from his Majesty, the lords and others of his Privy Council, divers warrants and letters of assistance for the execution of those grants, licenses, privileges, and commissions according to his Majesty's good intention and meaning therein.

Forasmuch as his most excellent Majesty (whose royal ear and providence is ever intent on the public good of his people) doth now discern that the particular grants, licenses, and commissions hereafter expressed, have been found in consequence far from those grounds and reasons wherefore they were founded, and in their execution have been notoriously abused, he is now pleased of his mere grace and favour to all his loving subjects (with the advice of his Privy Council) by his regal power to publish and declare the several commissions and licenses hereafter following, whether the same have passed his great seal, privy seal, signet, and sign manual, or any of them, to be from hence utterly void, revoked, and hereby determined.

That is to say:—

A commission for cottages and inmates touching scrivenors and brokers.

A commission for compounding with offenders touching tobacco.

A commission for compounding with offenders touching butter.

A commission for compounding with offenders touching logwood.

A commission for compounding with sheriffs for selling under-sheriffs' places.

A commission for compounding with offenders for destruction of woods for iron-works.

A commission for concealments and encroachments within 20 miles of London.

A license to transport sheep and lambskins.

A commission to take men bound to dress no venison, pheasants, or partridges in inns, alehouses, ordinaries, and taverns.

A commission touching licensing of wine-casks.

A commission for licensing of brewers.

A license for sole transporting of lamperns[316] and all proclamations, warrants, or letters of assistance for putting in execution of the said commissions or licenses be from henceforth declared void, determined, and hereby revoked to all intents and purposes.

And his Majesty in like favour and ease to his subjects is further pleased to declare his royal will and pleasure to be, that the particular grants hereafter mentioned (upon feigned suggestions, obtained from him, to public damages) whereby the same have passed his Majesty's great seal, privy seal, signet, or sign manual or any of them, shall not hereafter be put in execution, viz.:

A grant for weighing of hay and straw in London and Westminster and 3 miles compass.

An office of register to the commission for bankrupts in divers counties of the realm.

An office or grant for gauging of red herrings.

An office or grant for the marking of iron made within the realm.

An office or grant for sealing of bone lace.

A grant for making and gauging of butter casks.

A grant of privilege touching kelp and seaweed.

A grant for sealing of linen cloth.

A grant for gathering of rags.

An office or grant of factor for Scottish merchants.

An office or grant for searching and sealing of foreign hops.

A grant for sealing of buttons.

All grants of fines, penalties, and forfeitures before judgment granted, or mentioned to be granted, by letters patents, privy seals, signet, sign manual, or otherwise.

All patents for new inventions not put in practice within 3 years next after the date of the said grants.

And the several grants of incorporation made unto—

Hatband-makers.
Gutstring-makers.
Spectacle-makers.
Comb-makers.
Tobacco-pipe-makers.
Butchers and Horners.

And his Majesty doth further require and command that there shall be a proceeding against the said patentees by quo warranto or scire facias to recall the said grants and patents, unless they will voluntarily surrender and yield up the same: and also all proclamations, warrants, or letters of assistance obtained from his Majesty or the lords and others of his Privy Council for execution thereof, from henceforth utterly to cease and be determined, and are hereby absolutely revoked and recalled.

And his Majesty doth further expressly charge and command all and singular the patentees, grantees, or others any ways interested or claiming under the aforenamed grants, licenses, or commissions, or any of them and their deputies, that they or any of them do not at any time hereafter presume to put in use or execution any of the said grants, commissions, or licenses, or any thing therein contained, or any proclamations, warrants, or letters of assistance obtained in that behalf, upon pain of his Majesty's indignation, and to be proceeded against as contemners of his Majesty's royal commands, whereof he will require a strict account. Given at our Manor of York the 9th of April in the 15th year of our reign, 1639.

[315] Quoted, W.H. Price, English Patents of Monopoly, Appendix B.

[316] i.e. lampreys.

23. Ordinance Establishing an Excise [Firth and Rait, Acts and Ordinances of the Interregnum, Vol. I, pp. 202-14], 1643.

An ordinance for the speedy raising and levying of monies, set by way of charge or new impost, on the several commodities mentioned in the schedule hereunto annexed; as well for the securing of trade as for the maintenance of the forces raised for the defence of the King and Parliament, both by sea and land, as for and towards the payments of the debts of the commonwealth, for which the public faith is, or shall be, given.

The Lords and Commons now assembled in Parliament, taking into their serious consideration the great danger that this kingdom lyeth under, through the implacable malice and treachery of Papists and other wicked persons; ... And forasmuch as many great levies have been already made ... which the well-affected party to the Protestant religion have hitherto willingly paid, to their great charge, and the malignants of this kingdom have hitherto practised by all cunning ways and means how to evade and elude the payment of any part thereof; By reason whereof the Lords and Commons do hold it fit that some constant and equal way for the levying of monies for the future maintenance of the Parliament forces ... may be ... established, whereby the said malignants and neutrals may be brought to and compelled to pay their proportionable parts of the aforesaid charge....

I. Be it therefore ordered, ordained and declared by the said Lords and Commons, that the several rates and charges in a schedule hereunto annexed and contained shall be set and laid ... upon all and every the commodities in the said schedule particularly expressed....

II. Be it further ordained ... that ... an office ... shall be ... erected ... in the City of London, called ... by the name of the Office of Excise or New Impost, whereof there shall be eight Commissioners to govern the same....

V. That the like office and so many of such officers shall be ... erected ... in all the counties of the realm of England, dominion of Wales, and town of Berwick, and all other the cities ... as the said eight Commissioners ... think fit to nominate....

VII. That the said office in all places where it shall be placed shall be kept open in the week days from eight ... till eleven, and from two till five ..., for the entering and registering the names and surnames, as well of the sellers, buyers and makers of all and every the commodities in the said schedule mentioned, and of the several qualities thereof, as for the receiving of all monies as shall be due upon the sale....

XI. That if any of the sellers of the said commodities shall refuse or neglect to make a true entry of the said commodities ... that then he or they ... shall forfeit to the use of the commonwealth four times the true value of the goods and commodities so by him or them neglected to be entered or delivered....

XV. That this ordinance shall begin to take place and effect from the 25th of July, 1643, and from thence to continue only for three years then next ensuing, unless both Houses of Parliament, during that time, shall declare that it shall continue for any longer time....

In this schedule is contained the charge and excise which ... is set and imposed, to be paid on the several commodities hereafter mentioned.

[Here follows schedule of rates and commodities.]


                                                                                                                                                                                                                                                                                                           

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