第 12 节
作者:小秋      更新:2021-02-20 18:19      字数:9322
  man to man: according to the Custome of Germany and the Low
  Countries。 Which is found to be an excellent meanes to supply
  mens wants in course of trade; and tendeth also to the enlarging
  thereof。 And for the Extorsion upon the poore above noted: if a
  stocke of Money were raised in manner of a Lumbard; or otherwise
  in London; and in the Countries whre much poore depend on
  Clothing; and else…where where there is cause; whereby the
  multitudes of poore wherewith the Kingdom swarmeth; might be from
  time to time supplied for a small consideration; it would
  certainly give great encouragement to the poore to labour; it
  would set on worke many fatherless children that are ready to
  sterve; it would benefit the Common…wealth by their labours; and
  it would be an acceptable worke to Almighty God; so to supply
  their wants; and not to suffer the faces of the poore to be
  ground by the extorsion of any。 And I am perswaded; that every
  good man would be willing; either to give; or to lend; toward the
  raising of a stocke of Money for this purpose。
  For Litigious suits of Law; if men bestowed halfe that study
  and cost in trade; which now adies is spent in temerous and rash
  suits of Law; surely the benefite that thence would arise to the
  Common…wealth; would equall or exceede in value; that which is
  spent in Law; which I thinke cannot be valued。 The Remedy
  requireth great consideration for such is the Cause。
  That the suites of Law in this Kingdome are now infinitely
  increast; to that they were in elder times; I thinke it is out of
  question: the Quaere is about the cause thereof。 Litigious suits
  of Law; may seeme anciently to have beene restrained; either by
  Sureties; or Fines; or both。 Of the Former there is yet a defaced
  print in the Common…Pledges of Doe and Roe。 Which were of old the
  names of true and reall sureties; but are now become formall
  only; and saigned names of Course and Solemnity。 Whence also it
  is; that in staed of Reall sureties in London; saigned sureties
  are devised fromt he dwelling of the party Plaintife: As for
  example: if the plaintife dwell in Cheape…side: they enter for
  his Sureties upon the Record of Court; John Cheape; and Richard
  Side。 And in like manner whresoever else the Plaintife dwelleth。
  Of the Latter; to wit of Fines; the use of them both in the
  Kings Bench & Common…Pleas; continueth unto this day。 In the
  Kings Bench the Fines are not so ancient for those began in the 8
  yeare of His Majesties Happy raigne over this Kingdome: neither
  are they of like value to those of the Common…Pleas。 Whereof His
  Majesties made then a Graunt to certaine Patentees for terme of
  yeares。 But in the Common…Pleas; the Fines upon Originall Writs;
  are held by the learned in the Law; to bee as ancient as the
  Common…Law it selfe。
  Now whether the use of Sureties; or the Institution of Fines;
  were invented for the restraint of Ligitious suits of Law: or the
  Disuse and inequality of them; tendeth to the encrease thereof; I
  humbly leave that; to the wisedome and judgement of the Reverend
  Judges; and others learned in the Law: least I seeme {Greek
  phrase omitted}。 Neverthelesse there seems to me; to be a print
  of them; in the Lawes and Customes of Forreine Nations。 For
  which; if you please; let us heare Maimon a great Rabbi。 Hebraei;
  litigiosum hominum genus; saith he; duplum rependere coegerunt;
  qui debitum scienter denegaret。
  Also Festus Pomeius; cited by Bodin。 Romani; decimam partem
  eius rei; quae in controversiam veniret in privatis; aut
  trouersiam veniret in privatis; aut quintam in publicis iudiciis;
  imperiabant; Ac licet Romanie in Republica libera; Vectigalia &
  tributa imperare fibi difficilime paterentur; Vectigalia tamen
  Iudiciaria patienter tulerunt。
  Also Hootoman。 Romani Sacramentum constituerunt; certam viz。
  pecuniae summanm; ut qui indicio vicisset; suum sacramentum
  auferret; victi aute ad aerarium rediret。
  And lastly Bodin。 Carolus IX。 Vectigal Iudiciarium ad
  cohibendam litigatorum hominum indomitam atque effrenatam
  licentiam imperauit。 Quo vix ullum afflictis aerarii opibus
  utilius; & Galliae Imperio litium innumerabili multitudine
  appresso; splendidius cogitari poterat。
  There is also in France an excellent restraine of Law suits;
  by a Law Merchant; establihsed in Roan; Lions; and Tholosa:
  whereby the other higher Courts of Justice are eased of those
  Knotty questions that often fall out in matters of Commerce;
  which are harder to bee determined by the learned in the Law; and
  not so hard for Merchants and men of Trade。
  Like to which; is that of the Court of Conscience; and the
  office for Pollicies of Assurance in London。 The one granted by
  an Act of Parliament; in the 3 yeare of His Majesties happy
  Raigne; the other by the Stature of 43 Eliz。 And both are
  executed by Merchants and men of Trade: though in the latter the
  Statute joineth certaine Civill and Common Lawyers with them in
  Commission; to assist them when there is cause: because such
  Assurances are grounded on the Civill Law。 By which meanes His
  Majesties other Courts of Justice are eased of the multiplicitie
  of Questions that might arise by suits of Law of this kinde。
  And thus having been bold to make this short relation of my
  poore observation herein; I most humbly submit this Remedy to the
  High wisedome of His Majestie; to dispose thereof in such Manner
  and Measure; as the Nature and Number of the suits of Law; at
  this day in this Kingdome doe require。 In the restraint whereof
  His Majestie shall have great Honour: His Kingdome Peace: the
  Judges Ease: the Subjects quietnesse; and the Common…wealth
  increase of Trade。
  The Trades considered apart; I reduced to such; as tend to
  the Fortification of the Kingdome; or Maintenance of Trade。 The
  former I noted to be Ordinance or Munition。 In which case the
  Philosopher giveth good Counsell; {Greek phrase omitted}。 Sic
  amandum tanquam sis osurus; sic oportet edisse tanquqam sis
  amaturus。
  The latter I reduced to Fishing and Clothing; as the
  Nurseries of Trade。 For the Fishing; the infinite treasure that
  Strangers search out of our Seas; the variety of Trade that
  thereby they purchase; the multitude of Mariners they breed; the
  Fleets of Shipping they maintaine; me thinkes should every of
  them apart; or all of them together; be unto us as so many
  provocations to rouze us up to the exercise thereof: Whereby His
  Majestie might receive such a Tolle or Custome of them; as other
  Princes doe in like case; and be once again Lord and Master of
  the Seas; for all the dispute of the Author of Mare liberum: and
  the Native subject encouraged by some Immunity or Priviledge; to
  lay hold on that benefit; which God and Nature hath brought home
  to our doores。
  For the Clothing; that also is a point of State and great
  consequence。 The Causes of the decay whereof; I observed to bee
  either Domestique or Forreine。 The Domestique some past; some
  present。 In which former; it may perhaps seeme strange to speake
  of a Remedy for a thing past。 Wherein the best Remedy I can
  thinke of; is; to be warned by those harmes; not to disturbe or
  distract Trade upon any suggestion; though never so specious。 It
  is a safe rule; that in Rebus nouis constituendis euidens esse
  debet utilitas。 And in Projects; though they promise much; yet
  the utility is commonly Contingent; which may be; or may not be。
  But in the mutation of the naturall course of Trade; there ought
  to be Perspicuity and apparency of evident utility: Else a Breach
  may be sooner made in Trade then can be repaired: and the Current
  once diverted; will hardly bee revolved; into it genuine Source
  and Course againe。
  The present Domestique Causes of the Decay of Clothing; I
  considered in the Trade under the Clothier; or under the
  Merchant。 Under the Clothier; I noted the Ill making and False
  sealing of Cloth: and both through the Non…execution of the
  Statute of 4 of the King。 the abuse wherof is growne to be very
  great; and the reformation hath beene by His Majesties
  Proclamations and otherwise; so much and so oft attempted of late
  years; and nothing therein effected; that it seemeth a very
  difficult matter to reforme the same。 Neverthlesse if it may
  please His Majestie; to commit the care of the execution of the
  Statute; to some of the Principall Cities and Townes in the
  Clothing Counties; where Broad Clothes; Kersies; and Perpetuanoes
  are made; and to make them the Overseers mentioned in the
  Statute; instead of those ignorant and negligent Searchers; with
  reasonable allowance for their paines; I am confident it would
  prove a singular Remedy。 For we have not only the example of the
  Low Countries; where this course is taken; but also here with us:
  as Worcester for that sort of Clothes; Colchester for Bayes; and
  Canterbury for Sayes。 In all which places the former abuses are
  removed by this means; and the Clothes; and Bayes; and
  Manufactures of those Cities; triumph in great credit and
  estimation。 Which execution of the saide Statute; is the rather
  to be committed to the care and charg