第 15 节
作者:尘小春      更新:2021-02-21 10:15      字数:9322
  to say; Dadiuas quebrantan Pennas; Gifts doe breake stony Rockes。      From the Precedent causes of the want of money in England; come we to the causes of the decay of Trade in order; whereof this is the efficient Cause; whereunto the onely Remedy hath beene declared already。      Usury Politike; is made the next cause of the decay of Trade; which must be remedied by the Plentyof money to be procured as aforesaide; wherein that laudable Custome of the transformating or setting over of billes of debt from man to man is to be remembred; which by his Majesties Praerogative Royall or by Act of Parliament might be established; for thereby great matters are effected as it were with ready money。 But our law requireth a more preciseness in the execution thereof; then in Germany and the Low Countries; it not being Choses in Action; as the Lawyers speake。 But the necessarines hereof; is so urgent; that no man is like to contradict the same; for wee doe finde by experience; that things which are indeede; and things which are not indeede; but taken to be indeed (as this is for payment of moneys) may produce all one effect。 And for the biting Usury before mentioned; there will be stocke found to erect pawne… houses; by meanes as shall be more amply hereafter declared; and here is to be wished; that the City of London; and every principall towne of a Shiere or the most part of them; would take upon them to take money casually at the hand of such as will deliver the same upon the adventure of their or other mens lives。 As at Venice; where a man for the summe of three or foure hundreth pounds once given (as in like manner at Amsterdam) shall be sure to have one hundreth pounds a yeare; during his life; wherby a great Stocke might be raised for the generall good of all parties; and especially to set the poore people on worke; and to take their manufactures of them to be sold with a reasonable gaine: for experience hath taught in all places; where the like is used; that the City becommeth alwayes a Gayner by the decease of the parties that doe deliver money in this nature。 But it is convenient to prescribe certaine rules hereupon in the making of all manufactures; which commonly is best effected by Corporations。      The litigious Suits in Law being noted as the third cause of the decay of Trade; can hardly be remedied for the reasons before declared; but must have their course; and herein there can be no shorter course devised by the witte of man; then the Common… wealth doth use upon proofe and specialties; if the pleadings and issues (although Peremptory:) bee joyned according to the first institution; whereby the Matter of fact nakely appeare before the Jury of twelve men; who are to judge thereof according to the evidence of witnesses produced before them; for touching the matter of Law; the same beeing separated from the matter of Fact; maketh a Demurrer to be determined by the Judge。 I have great cause to enter into Campum Spatiosum about this Law Warfare; having by experience and study spent much time therein。 But I thinke fit onely to comment the orders used in Germany to take downe the litigious humours of some persons: To make them pay a Fine of twelve pence upon the pound or more to the Emperors or Magistrates; for so much as they claime more of the defendant; then they can justly proove to be due unto them; besides a further charge; if hee bee found in his proceedings to doe things for a Revenge; which they call an unlawfull imprisonment; although by the lawe he have commenced his Sute lawfully: and this is tearmed Paena Plus Petentium。      For all other meanes; whereby the differences happening between Merchants are determined; I must referre the same unto my booke of Lex mercatoria; as a matter requiring a large explanation。      The like I must doe concerning the fishing Trade; which is the fourth Cause noted before; which hath a reference to the want of money; or to speake ingeniously; is a chiefe cause of the want of money; which might bee procured thereby; whereby both the Trade of Cloth and fishing might flourish together; contrary to the opinion of the severall societies of Merchants before alleadged: for although they be of severall companies; yet such orders may be devised by the corporation to be made of fishing Merchants; as shall not infringe their severall priviledges any way: and all objections may be answered by true and just prevention; observing other nations; Facilius est addere; quam constituere。      The fift cause of the decay of Trade; by making Cloth in forraine Countries; hath beene considered of; whereupon the late Proclamation was made; prohibiting Th'exportation of Wooll; Wooll…fells; Wooll…yearne; Fullers earth; and Wood ashes; and all materials; serving for the making of Cloth。 The Rules also to be described of the true making of Cloth (wherein the said Author hath been a good observer) may be (with a vigilant eye of the Officiers to be imployed therein by the Corporation; and the increase of Merchants to manage Trade:) a Remedie to the seventh causes: as also to the eight Cause of the decay of Trade: but the sixt cause concerning the Policy of Merchants; is not to be omitted; whose orders already made; and hereafter to bee made; may be thought convenient to be Surveyed by a Committie; who (upon complaints of the parties grieved in all Societies:) may take order by way of approbation or deniall; to execute things for the generall good; and not for the particular: as I have noted in all this Discourse。 So that other Merchants upon reasonable considerations; may be admitted (upon this especiall occasion) to be of the said Societies or Companies; for otherwise it may seeme somewhat dissonant from reason; to prohibite all Merchants; as well English as Strangers; to bring in any of the Commodities of Turkie or of the Levant; and now lately from Eastland and those Countries: but to prohibite the importation of Commodities in Strangers Bottomes concurreth with the Law。      The ninth cause of the decay of Trade; consisting of the interruption thereof by Warres; Pirates and Bankrupts; I have partly handled in the fifth Cause。 And although decayed men are found at all times; yet the want of money hath caused divers Merchants and Tradesmen to Breake; who might have maintained their credits; but that being out of their moneys; and the moneys out of the Kingdome; maketh them to goe out of their credits; for Necessitas Parit Turpia。 The Remedy hereof doth most depend upon plenty of money or meanes in the liew of money; as the setting over of Bills of debt before spoken of。 For the Statute against Bankcrupts; cannot produe any great effect; but be a meane to undoe the party for ever; if it doe depend long upon him; contrary tothe intention thereof; for whereas all such as are Creditors; ought to come in within foure moneths to take their part; of what may appeare of the State of the Bankcrupt; to bee examined by all lawful meanes: the same is protracted for tenne; twenty; and more moneths; and all those that come in the said Interim are admitted with the former; and a great part of the estate is spent in charges。 This may bee remedied by the Authority of the Chauncery to the Commissioners appointed for th'execution of the said Statute。      The Remedy to the last and tenth Cause of the decay of Trade; (being the immoderate use of forraine Commodities:) doth (as I have shewed before) consist; partly by the abundance of those Commodities imported by the abuse of exchange; and partly by the wearing of those Commodities; affected by the vulgar sort or Common people。 Monsieur Bodine doth observe with Plato; that as the Prince is; so are the Subjects; who (by imitation) follow his example; which sooner entreth into their eyes; then into their eares: And the greater their Authority is; the more affectionate is their imitation。 Alexander cast his head aside; and all the Court held their necks awry; Denis was Purblinde; and his Courtiers stumbled at every step and justled each other; as if they had beene evill sighted: and so of other Princes in their apparell; precious stones and other things; which is made to bee the fashion。 Hence the Proverbe tooke beginning; Countries fashion; Countries honour。 And the effect hereof; is many times greater then the Lawes can bring to passe; unlesse it be upon some Remarkable occasion; as the late Command may prove for the wearing of Blackes at Funeralls; in Cloth and Stuffes made of English Wooll within the Realme。      Here I have omitted; to speake of Customes; Impositions publike and secret; layed upon Commodities; especially upon Cloth; both here and beyond the Seas; because the same requireth great consideration; and the abolishing thereof (being once laied on) will hardly bee brought about; unlesse it bee; with the consent of both parties; where the one hath provoked the other to impose them。      For a Conclusion therefore let us note; That all the said causes of the decay of Trade in England; are almost all of them comprised in one; which is the want of money; whereof wee finde the abuse of exchange; to bee the efficient Cause; which maketh us to find out so easie a Remedie; whereby the Kingdome shall enjoy all the three essentiall parts of Traffique under good and Politike Government; whi