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 charge of the principall Cities
and Townes in the Clothing Counties； because by ancient Statutes
not repealed； all Clothes and Kersies ought to bee brought to the
next City； Borough； or Towne Corporate； to be sealed； before they
be put to sale。 And if such Clothes so sealed； prove defective；
that Corporation or Towneship that so hath sealed them； shall
forfeit the whole value thereof。
The reformation of which abuse will redound to the benefit of
the Clothier； as well as the Merchant。 For none is more hurt with
false Cloth； then that Clothier which maketh true Cloth： because
his markets are alwayes hurt by the cheapnesse that false Cloth
may be afforded at。 Therefore to facilitate this Remedy； I have
made a collection of all the principall Cities and Townes in the
Clothing Counties for this purpose； as by a list thereof； fixed
to the end of this discourse may appeare； that so a worke of this
nature be no longer deferred； wherein the Honour of the King； and
the Benefit of the Publique are so much involved。
Under the Merchant I observed the Cloth…Trade to suffer at
Home and Abroad： At Home； either by exporting the Materials of
Clothing； or by Ore…lading the Cloth…Trade with charge。 The
Remedy in the former； were to lay a restraint of exportation of
Wools and Wool…fels out of Ireland； and to quicken the execution
of the Statute for that purpose in England； by encouraging the
discoverers of such abuses。
The latter is the Sur…charging of the Cloth Trade； either
generally or specially： this last； in the Impositions and Impress
monies imposed by the Merchant Adventurers： which as it is a
charge laid upon the Drapery of the Kingdome； I conceive； under
favour； is a matter that trencheth into the Suprmeme power and
dignity of the King； and is peculiar to Him alone。 And if for
Government； or other just causes in Societies and Corporation；
there be a necessity of paying of debts； or defraying of
necessary charge； I should thinke it better policy to spare the