第 6 节
作者:
小秋 更新:2021-02-20 18:19 字数:9320
Incorporate themselves; and keep Courts; to confront the
Merchants…Adventurers; which they never did before: To have
drawne the Taring of Cloth into Holland; where the Buyers are in
some sort; Judges & Parties; which before was in the Mart…towne;
where the Seller was present: And lastly to have hastned the
great Imposition in Holland。 All which are matters of moment; and
concerne the Cloth…trade very much; and whereof the English
Factors there residing doe generally complaine: Yet These I
rather instance then urge: leaving the further Overture thereof
to their own relation。
Now the forreine causes of the decay of the Drapery of
England: are either generall; as the warres in Germany: or
speciall as the great Imposition lately laide upon our Cloth in
Holland。
By the former; the Course of Trade is stopt and hindered;
that Merchants cannot passe without perill from place to place:
and the monies become so variable; that when a Merchant hath sold
his Cloth; and hopeth to have gained something thereby; by that
time that the terme for payment is expired; he receiveth lesse in
value then the Clothes cost; by the raising and rising of the
monies。
By the latter; the Merchants of the Netherlands are
discouraged; wherby many of them have given over their trades;
which heretofore they followed in ample manner; unto Muscovy; the
East…Countries and other places; in our English Clothes bought of
the Merchants…Adventurers from time to time。
Cap。 III。
Of governed Trade; and therein of Monopoly。
Hitherto the Matter of Trade hath beene considered in Money
and Merchandize: the Forme followeth; and that either in respect
of Government; or want of Government in trade。 Government is a
representation of the Majestie and Authoritie of the King。 The
subject that is honoured with Government; is invested with part
of the Kings Honour。 The Trades of this Kingdome which by His
Majesties especiall Grace and Favour are reduced under Order and
Government into Corporations; Companies; and Societies; doe
certainly much Advance and Advantage the Commerce of this
Common…wealth; and farre excell the trades of any other forreine
Merchants in their ungoverned trades。
But as the Use of Government is excellent for the restraint
of unskilfull and disorderly trade: so the Abuse thereof is as
inconvient; if at any time the same be too strict; and come
within the compasse of a Monopoly。 And because the name and
nature of Monopoly; is more talk't of; then well understood of
many; and some thinke that the reducing of trade into Order and
Government; is a kinde of Monopolizing and restraint of trade: I
have thought it not unseasonable to bestow some specaill paines
in the diligent investigation thereof。 Not that I would have the
trade of the Kingdome; so circumscribed or appropriated to any;
that others of His Majesties subjects should be deprived of the
libertie thereof; but that upon equall and reasonable termes;
trading under Order and Government; without that ill tincture of
Monopoly; the Kings high way of trade should be opened unto all。
The name therefor of Monopoly in our English tongue; is
derived; as the learned know; of the Greeke word {Greek word
omitted}: whence also the Latine word Monopolium is borrowed。
Some derive it of {Greek word omitted} Solus; & {Greek word
omitted} Versor; to converse alone。 Others of {Greek word
omitted} Solus; and; {Greek word omitted} Civitas; quasi unica
negotiatio in Civitate。 But all these agree in one meaning of the
word; that is Singularis Negotiatio; a diverting of Commerce from
the naturall course and use thereof; into the hands of some few;
to their benefite; and others projudice。 I also find many
definition of Monopolies: and a g reat question among the
Civilans; whether a Monopoly may bee exercised of one alone; and
whether it consist aswell in Locatio Conductio; as they speak; as
in Emptio Venditio。 Which last is out of question with all。 And
of the former I find an instance in Artistotle of Thales Milesius
his Monopoly: who by his knowledge in Astrology; foreseeing one
yeare in the winter; that there would be great plentie of oiles
the next yeare; hired before hand all the places and engines for
making of oile through both the Ilands of Melazo & Chius; and
afterwards let out the same againe at this owne place he maketh
also mention of another; who bought up all the Iron in Sicilia;
which afterwards he sold againe; and made one hundred talents of
that which cost him but fiftie。 Amongst others I will take the
definition of Althusius for all the rest。 Monopolium; saith he;
Est Commercium emendi; vendendi; permutadiue; a pancis veluno
etiam usurpatum; reliquis ciutbus preceptum; quo pretia augetur
cum lucro negotiantis; & reliquorum damno。 That is Monopoly is a
kinde of Commerce; in buying; selling; changing or bartering;
usurped by a few; and sometimes but by one person; and
fore…stalled from all others; to the Gaine of the Monopolist; and
to the Detriment of other men。
The parts then of a Monopoly are twaine。 The restraint of the
liberty of Commerce to some one or few: and the setting of the
price at the pleasure of the Monopolian to his private benefit;
and the prejudice of the publique。 Upon which two hinges every
Monopoly turneth。 And these two parts are respectively repugnant
to the two fundamental requisites of all good Lawes: to with;
Equity and Utility。 For it against Equity; that one member of a
Common…wealth should be more free; then another of equall ranke
and condition。 And what can be more contrary to Publique Utility;
then that some one or few persons; should sway the price of any
thing usefull to the Common…wealth to their owne enriching; and
the common losse of other men? And here it is to bee well
observed; that unlesse these two parts concurre in a Monopoly: it
cannot truely and properly be so called; nor ought it so to bee
accounted。 And therefore Althusius following Decianus; saith well
of that restraint of the common liberty; which we call Suit of
Mill: which compelleth men to use this or that Mill to grinde
corne; and none other: that it doth only Sapere Monopolium;
Savour of Monopoly: but that it is not truely and properly a
Monopoly。 For that case of Suit of Mill; unlesse there be a
greater tolle or recompence exacted for grinding; then at other
Milles; it falleth onely within the first part of a Monopoly; to
wit; of the restraint of the publicke liberty; but not within
compasse of the other part; the setting of the price。 but for
this restraint of the publique liberty of Commerce; it may be so
ordered by the wisedome of the State; that it may be both Lawfull
and Beneficiall to the Common…wealth。 Which assertion; because it
may seeme strange to some; I will make evident by good Authority
and Examples。 Peter Martyr that famous light of the Churches of
the Gospell; defendeth the restraint of Solomon; that none shold
buy Horses of Egypt without his licence; to be Lawfull。 And of
this kinde is the Preemption of Tinne here in England; granted by
His Majesties gracious letters Patents do somefew; with restraint
of all others: which I dare boldly affirme is not onely Lawfull;
but very Beneficiall also to this Commonwealth。 For thereby our
Thrice Noble Prince receiveth a good revenue; and the Tinne of
this Land is sold for many thousand pounds a yeare more in
Forrein parts; then otherwise it would; to the great increase of
the Common stocke of this Kingdome。 Also the Law of this Realme
alloweth; that if any man invent a new Art; beneficiall to the
Common wealth; he may have a Patent to use that Arte soley; with
restraint of all others for seven years: as well in recompence of
his industry; as for the incouragement of others; to study and
invent things profitable for the publique symbiosis。 The Statues
of the Kingdome restraine from the exercise of sundry Crafts; all
such as have not served an apprentishood unto the art which they
would exercise: to the ende that those artes might be brought to
better perfection; and the things made; might be good and
serviceable for those that buy and use them。
The restraint of the Publique Liberty; is sometimes exercised
by
Private Authority: sometimes by Publique。 Which distinction is
made by the Emperour Zeno。 Iubemus ne quis prosua authoritate;
vel sacro elicito rescripto; etc。 Monopolium audeat exercere。
The former; is practised when any one or more; have by their
owne private contracts; gotten any Commoditie or matter of
Commerce; wholly into their owne hands。 Of this kinde are the
examples above cited out of Aristotle。
The latter; is when by Publique Authority; the liberty of the
subject is restrained: which is done; sometimes by the
Prerogative of the King: sometimes by Act of Parliament。
The former; by dispensing with a generall Law in some point;
and applying the dispensation to some one or fewe; with restraint
of others。 The latter; by prohibiting all; but some one or few
persons to use the benefit of the Law in some point or other。