第 4 节
作者:小秋      更新:2021-02-20 18:19      字数:9322
  the trades of the kingdome; which we unhappily feele at this day。
  The Efficient causes of the decay of trade jointly
  considered; are either Usuary; or unnecessary suits in law。 In
  the former I am prevented; and my labour spared; by him that
  wrote a little treatise against usury: which it seeme's for
  modesty he refuseth to owe: though I could wish; that those that
  deserve of the publique were knowne to the publique: least they
  be served as sometimes Batillus served Virgil; and so be forc'd
  too late to proclaime; Hos ego versiculos feci; tulit alter
  Honores。
  I have a word onely to adde to his Usury; that it is not an
  Usury of ten in the hundred only; that wringeth this
  Common…wealth; but an extorsion also of 20…30…40; nay of Cento
  per Cento per Anno; as the Italians speake; given and taken on
  pledges and pawnes; and that on poore peoples labours; in London
  especially: which is a biting Usury indeed; and a fearefull
  crying sinne before God。
  Unnecessary suites of Law are also Efficient causes of the
  decay of trade。 Wherein certainely this Kingdome exceedeth all
  other kingdomes in the world。 As the Justice of this kingdom is
  the Diadem of the King; and doth stabilire Regis thronum; and
  tribuere cuique suum: whereby men may five Caesar Caesar's; and
  meum and tuum one to another: so is the Justice of the King; in
  the sacred person of His Majestie; amongst other His Royall
  Vertues; and Embleme and represation of highest Majesty: and it
  is an incomparable happinesse of this kingdome; to have such a
  Malchizedec; a King of Justice; a King of Peace。
  Neither may I forget that Royall testimony hereof; which is
  worthy to be written in letters of gold; and thankefully to be
  remembered of every tongue and pen; whereof amongst others more
  worthy; it was also my happinesse to be oculatus and auritus
  testis: when His Majesty in a Star…chamber assembly; lifting His
  eye toward heaven; and laying His hand on His Sonnes head; made
  such a solemne protestation of His sincerity in Justice; as may
  serve for a matter of admiration and imitation; to all the Kings
  on earth。 Those that went before; and they that followed after:
  Those that heard it then; and they that heard of it since; said
  it was {Greek phrase omitted} Nec vox hominem sonat; o Deus
  certe!
  If such then be the Justice of the King and the kingdome; how
  is it then that Trade is hindered by suits of Law。 Herein
  Columellae's counsell is remarquable; Principi providendum est;
  ne legibus fundata civitas; legibus evertatur。 There cannot be
  too much Justice; ther may be too much Law。 For the use of
  Justice is excellent; in conteining men within the bonds of
  civility and honesty: in preserving men from injurie: and in
  maintaining every mans right & propriety。 But the abuse there of
  is a most pernitious and dangerous surfeit in the body of every
  Common…wealth。
  And this is our case in this Weale…publike; no Kingdome hath
  better Lawes; no kingdome so full fraught with tedious;
  needlesse; endlesse; suits of Law。 For now this Litigandi {Greek
  word omitted}; and waxeth so fast; and groweth so great; that
  suites of Law doe seem immortall: time doth increase them; and
  lenght of time would not determine them; if the wisedome of those
  Grave Fathers of the Law; did not put an end to the malice of the
  Litigants: as is now; worthily observed in Chancery; to his
  honour and memorie that hath so happily begun the same。
  By the groweth and greatnesse of which suites; I say; a great
  number of His Majesties good and loving subjects are vexed;
  imprisoned; impoverished and overthrowne: and whilst the
  Litigants strive together; another taketh away the fish; and as
  it is in the Apologue; leaveth to either of them an empty shell。
  And thus mens time and meanes being spent in Law; which should be
  employed in Trade; trade is neglected; and the Common…wealth
  deprived; of the benefit that might be purchased and procured
  thereby。
  Amd thus much for the decay of Trade considered joyntly。 It
  followeth now to consider them apart; in some principall parts
  thereof。 Which may be reduced; to such as tend to the
  Fortification of the Kingdome; or Maintenance of Trade。 The
  former are Ordinance and Munition: the too…too common exportation
  whereof; hath taught us wofull experience of an invaluable
  inconvenience thereby; which every man is sensible of: and
  therefore I neede not presse it: I wish it did not oppresse us。
  The latter; I will referre to things essentiall; for the
  preservation of mans life; as Victus and Vestitus: yet such of
  them also as doe aford wondrous variety of Trade; and may be
  termed the Nourceries thereof; as the Fishing and Clothing of
  this Kingdome。 For on these two; all sorts of Trades and
  Tradesmen; have some dependance。
  The inconvenience in this former; is that Encroaching of
  Strangers; in Fishing upon our Coasts: whereby not onely the
  bread is taken out of the subjects mouth; but that infinite
  wealth; which God hath made proper and peculiar unto Us; is
  become common unto them。 Whereby also; their Navigation is
  wonderfully encrea'st their Mariners are multiplied; and
  exceeding great Trades maintained into all parts of the Christian
  world。 And victuals commonly yeelding ready money; and
  tolleration of exportation thereof; the same hath redounded to an
  infinite enriching of their Countries with Treasure; exhausted
  out of these Mines of our's。
  I am not ignorant that a learned man of that side; pressing
  hard in a Treatise entituled Mare liberum; the Community and
  Freedome of the Sea against the Portugall Trade into the East
  Indies: doth cunningly and obliquely; under the covert terms of
  Populi Romani littus; defend and maintaine; in the fifth chapter
  thereof; their fishing upon our Coasts。 For thus hee concludeth;
  Nemo igitur potest apopulo Romano ad littus marius accedere
  prohiberi; & retia siccare; & alia facere; quae semel onmes
  hominibus in perpetuum sibi licere voluerunt。 And again; Exteris
  ius piscandi; ubique immune esse debet。
  To part of which Treatise; there is an answere entituled; De
  Dominio Maris; to which I referre those that desire further
  satisfaction in this matter。 But in my judgement; which I submit
  to better judgement; the Author of Mare liberum; though otherwise
  very learned; strayneth his Arguments for that purpose beyond
  their strength。 For Jus is said to be scriptum; or Non scriptum。
  And by both these; the proprieties of the Seas may be proved; to
  belong to those Princes and Countries; to which they are next
  adjacent。
  For Custome; the examples of our Neighbour Countries round
  about us are frequent。 As of Coeldine; Groeneland; Norway; and
  Frisland; under the King of Denmark。 Tunny fishing under the Duke
  of Medina。 The Gulfe of Venice that Seignory。 And many others I
  might instance: In all which there is no liberty of fishing; but
  by speciall priviledge had from those Princes to whom the same
  belongeth。 Which being so we may wel conclude with the Poet; Cum
  ventum ad verum est; sensus moresque repugnant。
  For the Law it selfe; it is not hard to produce some of his
  owne Authors against himselfe。 As the Emperour Leo: of whome he
  thus speaketh; Voluit {Greek word omitted}; hoc est; vestibula
  maritima eorum esse propria; qui oram habitarent; ibique eos ius
  piscandi habere。
  Also Rodericus Suarius; whose testimony because he was a
  Spaniard; he produceth against the Portugals in the end of his
  fifth Chapter; whom; if hee had pleased; hee might also have
  cited thus speaking: Redditus piscariarum consueti; ut est
  gabella; seu aliud tributum solui conseuetum; de his quae in mari
  piscatores faciunt; seu a mercantoribus de his wuae emunt aut
  vendunt; Principibus conceduntur。
  To which I will onely adde that of Bartolus; whom the
  Civilians call Juris Lucernam; thus speaking: Ut Insulae in mari
  proxime adiacenties; sic & mare ipsum ad Centum usque milliaria
  pro territorio districtuque illius regionis cui proxime
  appropinquat; assignatur。
  The rest that the Author of Mare liberum enforceth; of the
  Community and freedome of the Sea to all Nations; he
  understandeth of matters in question; betweene the Portugals and
  those of his Nation; concerning their East India Trade; and not
  of their fishing upon our Coasts。 Which Question in my judgement;
  being out of question; were better determined by action then
  disputation: It being a Royalty of the King; and a Regall
  priviledge of this Kingdome; assigned by Almighty God。
  From the Fishing come wee to the Clothing or Drapery of this
  Kingdome: the consideration wherof is of very high consequence;
  and concerneth both the Soveraigne and the Subject; Noble and
  Ignoble; even all sorts; and calling and conditions of men in
  this Common…wealth。 For this is said to bee a Flower of the Kings
  Crowne; the Dowry of the Kingdome; the chiefe Revenue of the
  King。 This is a bound to fortifie; and a bond to knit the
  subjects together in their severall societies。 This is the Gold
  of our Ophir; the Milke & Hony of our Canaan; the Indies of
  Engl