by-laws proposed by the governour, deputy-governour, and committee of nine, pursuant to an order of the general court for the better manageing and regulating the companies affairs and approved of in a general court of the east-india company, holden the th. of january, / . east india company. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by-laws proposed by the governour, deputy-governour, and committee of nine, pursuant to an order of the general court for the better manageing and regulating the companies affairs and approved of in a general court of the east-india company, holden the th. of january, / . east india company. sommers, j. holt, john, sir, - . treby, george, sir, ?- . broadside. s.n., [london : ?] signed: j. sommers. c.s., j. holt, geo. treby. place of publication suggested by wing. "given under our hands and seals, this eighth day of april, ... annoq; domini, ." reproduction of original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- management. corporations, british -- administration. great britain -- commerce -- india. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion by-laws proposed by the governour , deputy-governour , and committee of nine , pursuant to an order of the general court for the better manageing and regulating the companies affairs . and approved of in a general court of the east-india company , holden the th . of january , / . i. that as often as the governour or deputy-governour of this company , shall happen to die , within the year after he is elected and sworn into his office , there shall be called a general court of adventurers , qualified as by the charters are directed , who shall within fourteen days , or sooner , after the death of such governour or deputy , elect one other person into the place of the deceased , to execute the said office , during the residue of the year . ii. that whenever the court of committees , shall find the companies affairs to be in a condition , to afford a dividend to the adventurers , the state and condition of the company , be particularly represented to a general court , to the end that their direction and consent may be given , both as to the quantum of such dividend , and the time for making the same , without which no dividend shall be made . iii. that the accomptant general do so keep the companies books , that he may attest the same upon oath , if required : wherein he is from time to time , to enter the true value of the joynt-stock of this company , and the better to enable him to keep up the said accompts , that they may not be behind hand , the respective warehouse-keepers and other the companies officers , intrusted with any of the companies goods or moneys , be hereby injoyned , within one month after every sale , to produce unto the said accomptant their respective accounts , to be by him enter'd into the books in due form . and that once in three years , a true valuation or ballance be drawn out by him , and approved of by the court of committees , and that the same be enter'd fairly into a book , to be kept for that purpose , to lye open from time to time , for the perusal of all persons concerned . and that the first ballance be drawn and presented accordingly , some time between this and the tenth of december , . iv. that all alienations and assignments of any part of the general joynt-stock of this company , to any person whatsoever , shall be entred and register'd in a book or books , to be provided for that purpose by the company , which shall lye open for the view of all persons concerned . v. that whereas their majesties by their late instrument , dated the th . of september last , have therein , among other things , vested the sole power of choosing all sub-committees , in the general court of the company , it is hereby order'd , that within ten days at the furthest , after the publication of the election of a new governour , deputy-governour , and twenty four committees , the said governour or his deputy , do call a general court , for the electing of all sub-committees out of the twenty four committees aforesaid , for the year ensuing , pursuant to their majesties said instrument . provided , that this by-law shall not extend , to debar the general court at any time , from choosing a committee , out of the generallity , to examine into the state of the companies affairs , as they shall think fit to direct . vi. that in the first or second meeting of the court of committees , after every annual election , the said court shall elect and choose , all the companies officers and servants here in england , that are under an yearly sallary , by the balloting box , and not otherwise . vii . that all the companies presidents , agents , factors and other their servants , who shall at any time hereafter be sent to india in their service , shall be elected by the court of committees , by the balloting box , and not otherwise . viii . that none of the companies servants in india , of what degree soever they be , shall be advanced , removed or displaced , but by the court of committees , and the decision declared by the ballotting box , and not otherwise . provided that nothing in this by-law , shall be understood , to abridge the liberty for the companies presidents and councils , or agents and councils in india , to suspend , or remove to any other subordinate factories , any factors , writers , or other the companies servants or officers , until the companies pleasure be further known therein . ix . that no orders or instructions from england , shall at any time hereafter be obeyed , as the order of the company , by any of their agents , factors and servants in india , excepting only such , as are signed by the governour or his deputy , and twelve or more of the committees for the time being . x. and for the more easie and safe dispatch , of the business of this corporation , to the honour and benefit thereof , it is hereby further order'd and appointed , that there shall be frequent courts of committees held , and that before the said court so assembled , there shall be laid by the committee of the treasury for the time being , once every month , a true account of the present state of the companies cash , together with a particular in writing , in a book to be kept for that purpose , what moneys have been taken up at interest , for the use of the company , the precedent month , and of whom , and upon what terms ; as also what interest money hath been paid off by the company , within that time , and to whom so paid off . xi . and for the preventing of fraud and deceit , as much as may be , in all the transactions of the company , it is hereby further resolved and order'd , that in all cases whatsoever , where the governour , deputy-governour , committee-man , or any other officer of this company , shall have any dealing or business with this corporation , upon their own account , separately , or joyntly in conjunction with any other , for or in respect of buying for , or selling to this company , any bullion or other goods whatsoever , or in the making any other bargain or contract whatsoever , by , to , or with this corporation , that then in such case , such governour , deputy-governour , committee-man , or officer , so having any business with this corporation as aforesaid , shall at the time of his or their negotiating the same , or being present at such negotiation , declare and publish to the court of committees , or any sub committee , with whom such matter is negotiated as aforesaid , whether he is directly or indirectly concern'd in , the goods proposed to be sold , or other matters then negotiating . and it is also hereby order'd , that no governour , deputy-governour or member of the court of committees , shall vote , or make allowance for any dammaged goods , which he or they be directly or indirectly concerned in : and if any such governour , deputy-governour , committee-man or other officer whatsoever , shall at any time wittingly and willingly offend , contrary to these said rules and ordinances , such person or persons so offending , and being declared guilty thereof by a general court , shall immediately become , and be deemed and reputed to be , uncapable for seven years time next after , of holding , or enjoying , or being chosen again into , the office of governour , deputy-governour , committee-man , or any other office of , or belonging to the said company . provided that nothing in this by-law , shall be understood , to oblige any governour , deputy-governour or other member of the court of committees to declare , whether they are concerned in goods bought by themselves , or others for them , at any publick sale by the companies candle . xii . and it is hereby further resolved and ordained , that in all cases , where any question or debate shall at any time arise , or be made , in the general court or court of committees , touching or concerning any irregularity , or misdemeanour committed by any person or persons , members of this corporation , that then such person or persons , touching or concerning whom such question or debate is , or shall be had , or made , for any irregularity or misdemeanour as aforesaid , shall have and give no vote relating thereunto , but shall , first having been heard whatsoever he , or they can alledge in their own defence , withdraw and be absent , during such debate concerning him , or themselves , in any matter or thing , wherein he or they be concerned as aforesaid ; provided always , that this law shall not extend , or be construed , to hinder more than three persons at one time , from being present , or voting at any general court , or court of committees , during such debate as aforesaid . xiii . and it is hereby further order'd and resolved , that if any governour or deputy , or any one or more of the court of committees , or sub-committees of this company , shall wittingly or willingly , at any time hereafter , act contrary to any the rules prescribed in the several charters , granted to this company , or to such by-laws as are , or shall be made by the general court , or shall sign any warrant , for the giving or paying away any money , not relating to the trade and affairs of the company , without leave first had of the general court , and that the company are damnify'd thereby ; that then , and in each of the said cases , every such person being governour , deputy-governour , or of the court of committees , or sub-committees , and all other the members of the said corporation , who shall order , consent , agree to , or wittingly approve of the same , and be convicted thereof by a general court of the said company , within three years time after the fact done , and declared guilty by their vote , each and every such person , shall for every such offence , forfeit to the use of the said company the sum of five hundred pounds , to be answer'd and paid , to the governour and company of merchants of london , trading into the east-indies . xiv . that if any of the companies officers , shall without order from the court of committees , or sub-committees of the said company , respectively , at any time hereafter , make out any warrant for payment of money ; or if the cashire general shall pay any sum of money , without a warrant , first signed by the governour or deputy , and four of the committees for the time being ; or if any of them shall wittingly and willingly , do any other act , or thing , in the execution of their several offices , whereby the company shall receive any dammage , every such offending officer shall , for each offence , forfeit and pay to the said governour and company , the sum of fifty pounds , and be also turned out of his place : provided that this by-law shall not debar the accomptant general from making out warrants , nor the cashire general from paying any sum or sums of money , due upon bills at interest , or bills of exchange drawn upon the company , and accepted by the governour or deputy , or for moneys due for interest on bills . we have seen and perused these by-laws , and do approve thereof , and as much as in us lies , do hereby ratifie and confirm the same . given under our hands and seals , this eighth day of april , in the seventh year of the reign of our sovereign lord william , by the grace of god , king of england , scotland , france and ireland , defender of the faith , &c. annoque domini , . j. sommers . c. s. j. holt. geo. treby . to the right honourable the house of lords james, elinor. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the right honourable the house of lords james, elinor. broadside. s.n., [london ? : ] signed : elinor james. imprint suggested by wing. reproduction of original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. great britain -- history -- james ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - pip willcox sampled and proofread - spi global rekeyed and resubmitted - megan marion sampled and proofread - megan marion text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the right honourable the house of lords . my lords , for as much as the most high god hath guided me with a spirit of truth , and that i have had no by-ends , but i have been sincere for the good of kings and kingdom ; therefore i desire your lordships neither to despise me nor reject me . let me be like balaam's ass , to turn away a curse , for although balaam was a wise man and a prophet , yet he would have cursed israel , that they might have been destroyed , to promote himself , and was ignorant of the angel that stood to destroy him , had not the ass seen and turned aside ; so god made the ass an instrument , to save his master and prevent a curse : let me i pray you be like this ass , for to turn away wrath and destruction : for he has invested your lordships with power , to take care of the grandure of his kingdom . and king david was wise when he came into goverment , he taught israel to bemoan the death of saul and jonathan , and the reason why ? because he clothed them with scarlet and gold , and other delicate things ; so i see it is for the kings honour , as well as his profit , for the ladies to go in rich garments , for god made all the treasure of the earth to adorn the saints , and to incourage them to serve him , and while they do so , they are blessings . i was not willing east-india goods should be prohibited , because it will make no advantage to the weaver , by reason it will twist about , so that it will be but our own-loss , and other peoples gain ; and it is pity to lay any tax , upon east-india goods , for trading is bad enough already , by reason men saves their money to serve the goverment , so they have the less for trade . i humbly beseech your lordships seriously to consider , the great advantage there is by supporting of justice , for she supports the kingdom , and if you let her fall , you will all fall ; for no man shall know what is his , for it is justice that keeps you in peace and safety : therefore our blessed saviour exhorts , to do unto all men , as you would have them do unto you , this is the foundation of the law and the prophets . and all men is apt to say , that the old company hath been hardly dealt withal , but i am apt to think it was through a mistake ; but now it is in your lordships power , to do them right and justice , and the god of justice assist you , that you may be able to do that which is just and right in his sight : for covetousness is hateful ; therefore god hath forbid , that any man should covet what another man hath ; and god is angry with them that breaks his laws , and many a time a kingdom is punished for it , as the children of israel could not withstand their adversaries , neither would god fight their battle , till the offender was found out , that stole the cursed things , the silver , the gold , and the babylonious garment : so achan was ingenuous , for he confessed he had sinned and submitted to the punishment , and so the anger of the lord ceased . i wish that the new company may be so ingenious for the good of their own souls , to acknowledge the breach of gods laws , and especially mr. sheppard , because he was the head and ringleader ; i should be glad if he would repent , and i do not doubt but that god will pardon him , and all the rest for i do not love men should bring punishments upon their own heads , but if they presist in having their bargain , and will not submit to have their money returned them , god will find out a way to punish them as he has disappointed their expectations , in having five or six chests filled with billets for silks ; which i think should be a means to open their eyes to be weary of their bargain , for they do not know what misfortunes they may have , for the seas are dangerous , therefore there is a necessity to undoe what your lordships have done , and in so doing you may do them good : for what harm can it be for them to have their money , for to trade in other things , that they may have a greater blessing ? and to have eight per cent. is interest enough , for they cannot complain they have injury done them : and to establish the old east-india company , will be an act of goodness , and justice ; and i do not doubt but that your lordships will receive honour by so doing ; and there is some of the new ones that are wise and moderate , may do well to be united , and so the old company may be rightly established , which will be an honour to the kingdom ; so it may be the occasion of a happy unity , and prevent gods judgments amongst us , and the generations that are to come , may praise you , for serting them such an example of justice : and god may inable the old ones to discharge the new ones , that are not joyned , so all men may be pleased . so the almighty direct you , that you may be happy here and hereafter : so i rest your humble servant , and souls-well-wisher , elinor james . the case of the marriners which served the east-india comapny in their wars in the east-indies. and of the widows and orphans of those that perished in the said wars, to the number of five hundred, and as many widows. : humbly presented to the honourable house of commons. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the marriners which served the east-india comapny in their wars in the east-indies. and of the widows and orphans of those that perished in the said wars, to the number of five hundred, and as many widows. : humbly presented to the honourable house of commons. england and wales. parliament. house of commons. sheet ([ ] p.) s.n., [london : ] place and date of publication suggested by wing. reproduction of original in: bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . merchant mariners -- salaries, etc. -- england -- early works to . broadsides -- england -- th century. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the marriners which served the east-india company in their wars in the east-indies . and of the widows and orphans of those that perished in the said wars , to the number of five hundred , and as many widows . humbly presented to the honourable house of commons . the east-india company , in the years , , and . entered the said marriners on board several of their ships , to make direct voyages to and from the east-indies , viz. in the ships called the charles the second , the beaufort , the cesar , the rochester , &c. and the said marriners were so taken on board in a merchant-like way , and at low wages , there being then no wars betwixt this crown and any prince or state in the world , nor did these marriners know of any war in india , nor did they any way apprehend any such thing was to be , when they proceeded in the said voyages . that in some short time after their arrival in the indies , the companies agents there , ingaged the said ships in an actual war against the great mogul and others , and by excessive tortures and punishment , compelled the said marriners to serve in several places in their said wars , in several parts there on land very remote from any shore : yet the said agents found it absolutely necessary , not only by tortures , but also by many specious promises , for their encouragement , they should receive very great largesses , more than their very low wages ( as by law and in justice they ought to have ) and thereupon they were , by the said companies commanders , promised one full sixth part of all prizes that should be taken during the said war ; which promises were put into writing , and publickly read in several of the said ships . that during the said war , there was taken in prizes to the value of l. and upwards ; proved in the exchequer , upon a bill brought by the attorney general for the king 's tenths , so that the sixth part belonging to the ships companies amounts to about l. and upwards . that the said marriners have applied themselves from time to time to the said company , for the said summ , or what should appear due to them , and were addressing themselves to this honorable house the last sessions for relief therein , whereupon a worthy member of this honorable house , and then governor of the company , promised the said marriners satisfaction if they would forbear : upon which promise they rested quiet , in sure hopes the same promise would be complied withall , which yet they have not done , but have most unconscionably offered such a small and inconsiderable summ , as is not fit to be mentioned , which the said injured marriners have rejected , hoping , if they were entituled to such a summ , they are entituled to much more . and forasmuch as this honorable house hath ordered the said company to bring in their books , and a state of their debts and credits ; the said oppressed marriners do humbly hope , this honorable house will take notice , that they may have credit on the said companies books for the said summ , in order they may have satisfaction for the same ; and the rather , because in their answer to the attorney general 's bill , on the behalf of the king , they have set forth , that the said marriners were to have a sixth part of all the said prizes . and further , for that the said prizes were converted to the use of the company , and they have divided the same amongst themselves , and received the benefit of the same . an essay on the east-india-trade by the author of the essay upon wayes and means. davenant, charles, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an essay on the east-india-trade by the author of the essay upon wayes and means. davenant, charles, - . - p. [i.e. ] [s.n.], london : . attributed to charles davenant. cf. blc. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. textile industry -- england -- early works to . trading companies -- england -- early works to . great britain -- commercial policy -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - robyn anspach sampled and proofread - robyn anspach text and markup reviewed and edited - pfs batch review (qc) and xml conversion an essay on the east-india-trade . by the author of the essay upon wayes and means . london , printed anno , m dc xc vi. to the most honourable , john , lord marquis of normanby , &c. an essay on the east-india trade . my lord , your lordship was pleased , the other day , to intimate , that you would willingly know my opinion in general of the east-india trade ; whether it is hurtful , or beneficial to this nation ? and my thoughts , concerning the bill , for prohibiting the wearing all east-india and persia wrought silks , bengalls , and dy'd , printed , or stain'd callicoes . what has occurr'd to my observation in these two points , i shall offer with great sincerity , having no interest , or engagement , to sway me , in the questions , one way , or other . but , before i begin , i must beg leave to say , i am very glad to see your lordship bend your excellent wit , and right understanding , to inquiries of this nature . for nothing can be more important to a noble man , than a true knowledge of the manufactures , trade , wealth , and strength of his country : nor , can your eloquence be any way more usefully employ'd , than in discoursing skilfully upon this subject , in that great assembly of which you are so much an ornament . richlieu has left behind him an evidence how much he made these matters his care and study : which , however neglected by the ministers of the present age , are notwithstanding the only foundation of a solid and lasting greatness . for who can give a prince sound advice , and under him steer the people rightly and well , either in peace , or in war , that is ignorant of the posture , condition , and interest of the country where he lives ? is there any thing in the world , that should be more thought a matter of state than trade , especially in an island , and should not that which is the common concern of all , be the principal care of such as govern ? can a nation be safe without strength ? and is power to be compass'd and secur'd but by riches ? and can a country become rich any way , but by the help of a well managed and extended traffick ? what has enabled england to support this expensive war so long , but the great wealth which for thirty years , has been flowing into us from our commerce abroad ? the soil of no country is rich enough to attain a great mass of wealth , meerly by the exchange and exportation of its own natural product . the staple commodities that england exports , are the woollen manufactures , tin , lead , hides , and sometimes corn. but , considering our luxury , and our great expence of foreign wares here at home , we could not have grown rich , without other dealings in the world. for set our own exported product in the ballance with the imported product from france , spain , portugal , italy , germany , and the two northern kingdoms ; at the foot of the accompt it will be found , that , but a fourth part of our riches , arises from the vent of our own commodities . whoever looks strictly and nicely into our affairs , will find , that the wealth england had once , did arise chiefly from two articles : first , our plantation trade . secondly , our east-india traffick . the plantation trade gives employment to many thousand artificers here at home , and takes off a great quantity of our inferiour manufactures , the returns of all which are made in tobacco , cotton , ginger , sugars , indico , &c. by which we were not onely supply'd for our own consumption , but we had formerly wherewithal to send to france , flanders , hamborough , the east-countrey and holland for , l. per annum , besides what we ship'd for spain and the streights , &c. since we were supplanted in the spice trade by the dutch , and since great part of the pepper trade is gone by the loss of bantam , our chief investments , or importations from the east-indies , have been in callicoes , wrought silks , drugs , salt-petre , raw silk , cottons , and cotton yarn , goats wooll , or carmania wooll , and other products of those countries . part of which commodities are for our own use , but a much greater part in times of peace were bought up here for the consumption of france , germany , holland , spain , italy and our plantations . so that by the means of our east and west-india trade , though we might lose by our dealings to some parts , yet we were gainers by the whole , and in the general ballance . the woollen manufacture , tin , lead , &c. are indeed the basis of all our traffick , and the first spring of our dealings abroad , but if by carelesness or false measures , we should come to be confin'd onely to deal in our own product , we must think no longer to preserve the dominion of the sea. as bread is call'd the staff of life , so the woollen manufacture is truly the principal nourishment of our body politick ▪ and as a man might possibly live onely upon bread , yet his life would be ill sustain'd , feeble , and unpleasant ; so though england could probably subsist barely upon the exportation of its own product , yet to enjoy a more florid health , to be rich , powerful , and strong , we must have a more extended traffick than our native commodities can afford us . the woollen manufacture is undoubtedly by laws , and all possible care , to be encouraged ; but 't is its exportation abroad , and not the consumption of it at home , that must bring profit to the kingdom . some of our gentry have been for many years of opinion , that the intire welfare of england depends upon the high price of wooll , as thinking thereby to advance their rents , but this proceeds from the narrow mind , and short view of such , who have all along more regarded the private interest of land , than the concerns of trade , which are full as important , and without which , land will soon be of little value . men in their private capacities may be allowed to prefer their single profit , but should consult only the general good in public councils . in a trading nation , the bent of all the laws should tend to the encouragement of commerce , and all measures should be there taken , with a due regard to its interest and advancement . instead of this , in many particulars , our former laws bring incumbrance and difficulties to it , and some seem calculated for its utter ruine ; so little has it been of late years the common care. and yet 't will be found at last , when all things come to be rightly consider'd , that no plenty at home , victory abroad ▪ affection of the people , nor no conduct , or wisdom , in other things , can give the public effectual help , till we can mend the condition and posture of trade . in our great assemblies , it has never been sufficiently thought a matter of state , but managed , rather as a conveniency , or an accidental ornament , than the chief strength and support of the kingdom . and as it has never been greatly the care of our ministers of state , so it has not been enough the study of our nobility and gentry , who , ( give me leave to say ) for want of a right knowledge in the general notions of it , have been frequently imposed upon , by particular merchants , and other interested persons , to enact laws so much to the prejudice of trade in general . my lord , i shall be very free to communicate the few lights i have gather'd from observation , and inquiry into these matters , and shall be very glad if my endeavours can give your lordship any hints , which i am certain will be improv'd , by your deep judgment , and understanding . first , i am clearly convinc'd in general , that the east-india trade is greatly beneficial to england . secondly , i am of opinion ( with submission to better judgments ) that the bill now propos'd to prohibit the wearing east-india and persia wrought silks , bengals , &c. will be absolutely distructive to the trade , and very prejudicial to the kingdom . which two points shall be impartially handled in the sequel of this discourse . as to the east-india trade in general ; if all europe by common consent would agree to have no further dealings to those parts , this side of the world , by such a resolution , would certainly save a great and continual expence of treasure . for europe draws from thence nothing of solid use ; materials to supply luxury , and onely , perishable commodities , and sends thither , gold , and silver , which is there bury'd and never returns . i have good grounds to think that the silver and gold brought from america , the gold dust brought from africk , and the silver produc'd from the european mines , in the two hundred years last past , has not amounted to less , in the whole , than eight hundred millions . there is no appearance of this immense sum in any country of europe . 't is true indeed , there is yearly a great consumption of these metals , by the wear of gold and silver coin , waste in coinage , waste in working plate , the wear of wrought plate , the wear of things made of gold and silver thread , and wire ( a high article ) , leaf and shell gold and silver , liquid gold and silver . there is also much lost in casualties by sea , fires , and inundations , and by being privately bury'd and never found . but , having computed what may be allow'd for the yearly consumption of gold and silver , on all the foregoing heads , and what quantity of those metals may be now remaining in europe , i cannot find what is become of the eight hundred millions dug out of the earth , unless a hundred and fifty millions of it , be carry'd away and sunk in the east-indies . from whence i have reason to conclude , that the european nations in general , had been richer by a full third , than they now are , if that trade had never been discover'd and undertaken . but since europe has tasted of this luxury , since the custom of a hundred years , has made their spices necessary to the constitutions of all degrees of people , since their silks are pleasing every where to the better sort , and since their callicoes are a useful wear at home , and in our own plantations , and for the spaniards in america , it can never be adviseable for england to quit this trade , and leave it to any other nation . the burthen which this commerce lays upon the collective body of europe , does bear hard only upon those countries which consume the indian commodities , without having any share of the traffick , and therefore france did about twelve years ago very wisely prohibit the wearing callicoes , that were not of their own importation . the english and dutch , which together are not a tenth part of europe , enjoy this traffick almost without any rivalship ; and if it be a burthen , it lyes not upon the one , but on the other nine parts , so that if the east-india trade carry out the gold and silver from this side of the world , 't is truly , and properly , at the cost , and expence , of france , germany , spain , and the northern kingdoms , who have little , or no opportunities of trading thither . to imagine all europe will come to an agreement of dealing no more to those parts , is an absurd and wild notion ; since therefore the western nations are contented to be deceiv'd , and for a hundred years have been accustom'd to bear this deceit , 't would be egregious folly in us , to quit this advantage , and leave it intirely to the hollanders . by the best account i can have , and from impartial hands , england before the war for some time , one year with another has exported for this traffick , either in bullion , or our manufactures ( of which the manufactures might be near an eighth part ) about per annum — , l. suppose we consume at home the returns of — , but , by the way , i must take notice here , that the company , of late years , have carry'd out the value of , l. per annum in our home manufactures . if the company export to other nations the returns of the other two hundred thousand pounds ( which i may safely affirm they did , and will do in time of peace ) england must certainly be a great gainer by this traffick . for no one vers'd in merchandize will deny , but that the returns from india of , l. when exported to other countries must increase the first sum at least four-fold , and produce , . so that the accompt of england with the indies , and the european nations , may be thus ballanc'd . the returns exported yeild per annum — , l. the returns consum'd at home are to the nation — , total — , , deduct for the prime cost of bullion or manufactures exported — , england net gainer by this traffick — , nothing can be a clearer gain to the kingdom than the returns of the , l. consum'd at home ; because treble that sum , would otherwise be carry'd out for foreign silks and linnen , which is hindred by the importation of east-india commodities . the inspection i have made upon other occasions , into the general state and condition of this kingdom , has led me upon very good grounds to think , that the east-india trade did annually add to the gross stock of england at least , l. per annum in times of peace . for i have many cogent ▪ reasons inducing me to believe , that from about anno . to anno . this nation has every year gradually increas'd in riches ; by what degrees , is needless here to incert , but upon mature consideration , i may safely state , that about anno . the increase or addition to the wealth and general stock of england , arising from foreign trade , and home manufactures , was at least two millions yearly . and after much thought , and study on this subject , and by consulting others vers'd in speculations of the like nature , i find that this increase to the nations general stock , did probably arise from the three following articles , viz.   l. from our manufactures and home product , sent to the plantations , and from the returnes thereof , exported to foreign parts , from our woollen manufacture , lead , tin , leather , and our other native product , sent to france , spain , italy , germany , &c. — , from the net profit accruing by the east-india trade — , total — , , if the east-india trade did in peaceful times , bring so great an increase to the annual income of the kingdom ( and i think the contrary is capable of no clear demonstration ) the legislative power ought to proceed with much caution , in any matter relating to it . whatever country can be in the full and undisputed possession of it , will give law to all the commercial world. should we quit the hold we have in india , and abandon the traffick , our neighbours the dutch will undoubtedly engross the whole : and if to their naval strength in europe , such a foreign strength and wealth be added , england must hereafter be contented to trade by their protection , and under their banners . as war does vary all the circumstances of trade , alter its channel , give it to one people , and take it from another , so in seasons of war , 't is by no means proper , nor adviseable , to embrace new councils in relation to it : nor can we then take any true measures , or make any right , and sound judgment about it . the scarcity of money in a long war , makes any exportation of bullion thought a great gr●evance ; of which , in quiet times , we should not be sensible . in the same manner , the interruption of any manufacture , though never so prejudicial to the kingdom , is grievous in a time of war , when business is scarce , and trading dull , but in a time of peace , and full employment , these hands can shift from one work , to another , without any great prejudice to themselves , or the public . there having been for three years last past , a great want of east-india goods , and there happening of late a great call for the woollen manufactures , and indeed for all the product of england , some unthinking persons , grew presently to imagine that the want of east-india goods ( and no other reason ) had brought the woollen manufacture into request , and increased its consumption , from whence very many have began to argue , and infer , that the east-india trade is , and alwayes was , prejudicial to the kingdom . but the sudden call which was then for all kind of english commodities , as well as the woollen manufacture , viz. lead , tin , leather , butter , cheese , tallow , &c. did not proceed from the want of east-india goods , but indeed from the posture of the exchange abroad , the ill condition of our silver coyn , and the high price guineas were brought to : for we plainly see this great demand , both abroad , and at home , for our goods does cease , now guineas are lower'd , and the coyn is alter'd . my lord , it has been too often the fault of english councils , to determine rashly of the most important matters ▪ and ( with submission to better judgments ) i doubt it may be of very dangerous consequence at this time , to meddle with , or give any disturbance to a settled traffick . the concern of wooll is , without doubt , to be taken care of , but not so as upon that account to slight all our foreign interest . the east-india company has been for a long time look'd upon with an evil eye , by some people , because there has formerly been ill management in their affairs ; and for that some of their goods were thought to hinder the consumption of our own manufactures ; and because it was seen what silver they really carried out , and not enough consider'd what bullion their effects brought hither in return . some persons ( without doors ) either bribed by the dutch , or to flatter that interest , profess themselves open enemies to the traffick in general ; others through inadvertency , and for want of examining the bottom of things , give into their notions ; and others joyn with them out of immoderate zeal to promote the woollen manufacture : so that any discerning man may see , that the utter ruin of this trade , and its intire loss to england will be compassed , unless the king , assisted by the legislative power , out of his fatherly love to his people , interpose , with his wisdom , in the matter . one of the principal dangers now , of taking new councils about it , is , that in a time of war , if by any false steps and measures , we should lose ground in india , neither our condition , nor the nature of our present alliance with the dutch , will permit us to assert our right in those parts by force of arms. and if we should come so to lose our hold in india , as not to trade thither at all , or but weakly and precariously , i will venture to affirm ( and i hope your lordship will remember hereafter this prediction of mine ) that england will thereby lose half its foreign business . for all trades have a mutual dependance one upon the other , and one begets another , and the loss of one , frequently loses half the rest . by carrying to other places the commodities brought from india , we every where inlarg'd our commerce , and brought home a great over-ballance , either in foreign goods , or in bullion . in holland we exchanged our wrought silks , callicoes , &c. for their spices : by indian goods , we could purchase at a better rate , in germany , the linnens of silesia , saxony , and bohemia . in times of peace we did , and may again traffick with france , for our india goods against the things of luxury , which will alwayes be brought from thence ; and thereby we may bring the ballance more of our side , between us and that kingdom . and , my lord , there being a peace now in agitation between us and france , the wisdom of the state perhaps may think fit to insist , as an article , that the prohibition of our east-india goods may be taken off in france , and if that can be obtain'd , it will put the trade of england with that kingdom , upon much a more equal foot. as to spain , and the streights , and parts within the streights , &c. 't is apparent that a large share of the bullion return'd hither , from thence , did proceed from the sale there , of callicoes , pepper , and other east-india goods consum'd in those parts , and also bought up by the spaniards for their own , and the consumption of their plantations in america . 't is hop'd , my lord , the foregoing arguments have sufficiently prov'd , that this traffick in general is beneficial to the nation . i shall now proceed to deliver my opinion concerning the bill for prohibiting the wearing all east-india and persia wrought silks , bengals , and dyed , printed , or stained callicoes , which was the second point i propos'd to handle . they who promote this bill do it , as is presum'd , upon the following grounds , and reasons . first , they believe such a prohibition will advance the consumption of wooll , and the woollen manufactures . secondly , they think it will advance the silk and linnen manufactures of england . thirdly , they imagin such a prohibition may be made by act of parliament , without ruin to the traffick in general . these three points , my lord , i shall endeavour to examine and state fairly before your lordship : and i shall discourse of the east-india trade first , as it has relation to the woollen manufacture . secondly as it has relation to the silk and linnen manufactures . and thirdly , i shall show how this prohibition will affect the east-india trade in general . and first as to the woollen manufacture . trade is the general concern of this nation , but every distinct trade has a distinct interest . the wisdom of the legislative power consists , in keeping an even hand , to promote all , and chiefly to encourage such trades , as increase the publick stock , and add to the kingdoms wealth , consider d as a collective body . trade is in its nature free , finds its own channel , and best directeth its own course : and all laws to give it rules , and directions , and to limit , and circumscribe it , may serve the particular ends of private men , but are seldom advantagious to the publick . governments , in relation to it , are to take a providential care of the whole , but generally to let second causes work their own way ; and considering all the links , and chains , by which they hang together , peradventure it may be affirm'd , that , in the main , all trafficks whatsoever are beneficial to a country . they say few laws in a state are an indication of wisdom in a people , but it may be more truly said , that few laws relating to trade , are the mark of a nation that thrives by traffick . laws to compel the consumption of some commodities , and prohibit the use of others , may do well enough , where trade is forc'd , and onely artificial , as in france ; but in countries inclin'd by genius , and adapted to it by situation , such laws are needless , unnatural , and can have no effect conducive to the publick good. i have often wonder'd upon what grounds the parliament proceeded in the act for burying in woollen : it occasions indeed a consumption of wooll , but such a consumption , as produces no advantage to the kingdom . for were it not plainly better , that this wooll made into cloth , were exported , paid for , and worn by the living abroad , than laid in the earth here at home . and were it not better , that the common people ( who make up the bulk and are the great consumers ) should be bury'd in an old sheet , fit for nothing else , as formerly , than in so much new wooll , which is thereby utterly lost . the natural way of promoting the woollen manufacture , is not to force its consumption at home , but by wholsome laws to contrive , that it may be wrought cheaply in england , which consequently will enable us to command the markets abroad . the onely beneficial way to england , of making wooll yield a good price , is to have it manufactur'd cheaply . no country in europe , manufactures all kind of goods so dearly as this kingdom ; and the dutch at this very day buy up our cloaths here , which they carry home , and nap and dye so cheaply , that by this means they are able to under-sell us , in our own native commodity . the act for maintenance of the poor , is the true bane , and destruction to all the english manufactures in general . for it apparently encourages sloth , and beggery ; whereas if the legislative power would make some good provision , that work-houses might in every parish be erected , and the poor , such as are able , compell'd to work , so many new hands might thereby be brought in , as would indeed make the english manufactures flourish . i have reason to think , that the people receiving alms in this kingdom , are twelve hundred thousand ; if but half could be brought to work , besides their own nourishment , their labour one with another might produce to the publick at s. per head , at least per annum , l. if this could be compass'd , the woollen manufacture would advance without any unnatural driving or compulsion . for we want hands , not manufactures in england , and laws to compel the poor to work , not work wherewithal to give them employment . to make england a true gainer by the woollen manufacture , we should be able to work the commodity so cheap , as to under-sell all comers to the markets abroad . i shall , my lord , advance two propositions which may sound very strangely , and yet perhaps will be thought very right , and true , upon a mature examination . first , that 't is not the benefit , nor interest of england in general , that wooll should bear a high price in our markets at home . secondly , that by a great consumption of the vvoollen manufactures within this kingdom , the publick will not reap such an advantage as some imagine . fine broad cloth , was the antient drapery of england , and which first recommended this manufacture to the use of foreign countries , this is the natural issue and product of the kingdom , inimitable abroad , and it must be very great carelessness , and want of conduct , that can make us lose this trade so beneficial to the nation . but tho' the vvooll of other places is not so fit for workmanship as ours , yet the commodity is abounding almost in all countries of europe ; and if the cloth of england be brought any way to bear too high a price , it may put some of our neighbours either upon the industry of manufacturing their own better : or upon the frugality to content themselves with what they can make at home ; and it may reduce other parts , to set up new manufactures in their own countries , which will be very detrimental to the vent , especially , of our narrow and courser cloaths . nothing can make this commodity beneficial , so as to enrich england , but to have the vvoollen manufacture so cheap , as that great quantities of our cloath may be exported , and at such a rate , as that we may be able to under-sell all nations , and discourage all people from setting it up . but this can never be , if by arts , and inventions , we endeavour to give vvooll an unnatural price here at home , upon which score , i have advanc'd the second proposition , that england reaps no such advantage by a large consumption of the woollen manufacture within this kingdom . for it is the interest of all trading nations , whatsoever , that their home consumption should be little , of a cheap and foreign growth , and that their own manufactures , should be sold , at the highest markets , and spent abroad ; since by what is consum'd at home , one loseth only what another gets , and the nation in general is not at all the richer ; but all foreign consumption is a clear , and certain profit . so that in the woollen manufacture , england does not get by what is spent here by the people , but by what is sold abroad in other countries . if the people of england are willing , and pleased to wear indian silks , and stuffs , of which the prime cost in india , is not above a fourth part of what their own commodities would stand them in here ; and if they are thereby thus enabled to export so much of their own product , whatever is so sav'd , is clear gain to the kingdom in general . but to set this matter in a clearer light. suppose , l. per annum of the prime sum sent to india , is return'd in commodities for our own consumption : and , suppose half this sum , viz. , l. to be return'd in such goods as are worn here in the stead and room of the woollen manufactures .   l. from , l. prime cost to india , there may reasonably be expected goods that sell here for — , so that by sending to india — , we gain for our own consumption clear — , now this must be clear profit to the kingdom , because this sum would be otherwayes laid out and consum'd in our own product ; which product we are by this means enabled to export . for when we come to examine into the true reason of the great wealth of holland , we shall find it chiefly to arise from this frugality of consuming at home what is cheap , or comes cheaply , and carrying abroad what is rich , and will yield most money . 't is granted that bengals and stain'd callicoes , and other east-india goods , do hinder the consumption of norwich stuffs , crapes , english ratines , shaloons , sayes , perpetuanas , and antherines : but the same objection will lye against the use of any thing that is of foreign growth ; for the importation of wine , undoubtedly hinders the consumption of barly ; and england could subsist , and the poor perhaps would have fuller employment , if foreign trade were quite laid aside ; but this would ill consist with our being great at sea , upon which ( under the present posture of affairs in europe ) all our safety does certainly depend . that the east-india goods do something interfere with the woollen manufacture , must undoubtedly be granted , but the principal matter to be consider'd , is , which way the nation in general is more cheaply supply'd . if , l. prime cost to india , brings home so many goods as stand in the stead , and supply the room of , l. of our own manufactures , it must certainly be adviseable not to prohibit such a trade , but rather to divert the wooll used in these our home manufactures , and the craft , labour and industry employ'd about 'em , to the making fine broad cloth , course and narrow cloths , stuffs and other commodities , fit for sale in foreign markets ; since 't is an undoubted truth , that , l. worth of our native goods sold abroad , does add more to the nations general stock , and wealth , than four millions worth of our home product consum'd within the kingdom . but , besides , suppose the wearing east-india wrought silks , &c. in england were prohibited , and that their whole importation were interdicted , i do not see how such prohibitions would at all advance the vent of our home product . for in one case , if they hinder the consumption of the woollen manufacture at home , will they not when exported , hinder its consumption , and the sale of cloaths in foreign parts ? and in the other case , if the english were forbid to bring indian goods into europe , will not the dutch import them , and thereby in the same manner , hurt abroad , the vent and consumption of our english cloths ? upon the whole matter , my lord , it is my opinion , ( which i submit to better judgments ) that the importation of east-india and persia wrought silks , stain'd callicoes , &c. though it may somewhat interfere with the manufactures of norwich , bristol , and other particular places ; yet , that such importation adds to the kingdoms main stock , and wealth , and is not prejudicial to the general woollen manufacture of england . and secondly as to the silk and linnen manufactures . wisdom is most commonly in the wrong , when it pretends to direct nature . the various products of different soiles , and countries , is an indication , that providence intended they should be helpful to each other , and mutually supply the necessities of one another . and as it is great folly to compel a youth to that sort of study , to which he is not adapted by genius , and inclination : so it can never be wise , to endeavour the introducing into a country , either the growth of any commodity , or any manufacture , for which , nor the soil , nor the general bent of the people is proper : and as forc'd fruits ( though they may look fair to the eye ) are notwithstanding tastless , and unwholsome ; so a trade forc'd in this manner , brings no national profit , but is prejudicial to the publick . we have such advantages by situation , and in several commodities , and materials , natural , and almost peculiar to us , that if the improvement of them were sufficiently look'd after , and encourag'd by the state , we might increase in wealth , greatness , and power , peradventure beyond all nations in europe . it is our fault , if we do not enjoy the woollen manufacture without any rivalship ; but undoubtedly it might be very much advanced ▪ if work-houses were set up , if the laws did provide , and the magistracy in the execution did take care , to set the poor to work . such an increase of hands would likewise produce more tin , and lead , and enable us to afford leather cheaper : and it is a large exportation , and being able to undersell all others , in foreign markets , that brings national profit . more hands would quicken industry , and improve waste ground , which would enable us to carry out corn , at a cheap rate . and generally speaking all laws restraining idleness , and that will invite people hither , must better the manufactures , and make 'em more gainful to the nation . there is no trade so advantageous , especially to an island , as that of buying goods in one country , to sell them in another ; and it is the original and chief article of the great wealth in holland . there is gain by the freight : it occasions consumption of our home product : it breeds seamen , increases shipping , and improves navigation : and any home manufacture that hinders this kind of traffick , or that indeed interferes with it , is pernicious , and ought in wisdom , and by all rules of policy , to be discouraged by the publick . this kind of commerce england was formerly in a large possession of , and it may be retriev'd , and in the best of times was capable of great improvement . our plantations ( if we take care to preserve them from foreign insults and invasions ) as they increase in people , will consume more of our home manufactures than we have hands to make : they produce commodities indispensably necessary to this part of the world , and not to be produced elsewhere , and with industry and conduct , may be made an inexhaustible mine of treasure to their mother kingdom . if there be such a multitude of hands that want vvork in england , the herring fishery would employ many thousands of men , and one million of money ; and , the advantages our situation gives us for it consider'd , we might at least come in for a share , with the dutch , in that trade , which brings them so immense a profit . some of the foregoing materials are peculiar gifts and blessings to this soil ; our inclinations to the sea , fit us as well as the dutch , for the traffick of carrying goods from one countrey to another ( the most certain gain a nation can make ) our ports are safer and fitter than theirs for this purpose . our plantation trade , to carry it on to its height , would require a greater stock than we are masters of at present , and would consume more of our manufactures , and home product , than we can make and furnish at reasonable rates . as to the fishery , if we are not intirely in possession of it , and if other nations have been suffer'd to make such a profit upon our coast , it has proceeded from want of industry in the english people , and through the negligence of former governments . in the foremention'd particulars , an unforc'd and a natural improvement may be made in our vvealth and substance , and 't is here the legislative power may , to good effect , interpose with its care and vvisdom . most countries have a certain number of their people , who addict themselves to trade and manufactures , and most nations have limited stock to be employ'd in those uses , which they cannot well exceed ; and 't is the prudence of a state , to see , that this industry , and stock , be not diverted from things profitable to the whole , and turn'd upon objects unprofitable , and perhaps dangerous to the publick . the stock england formerly had running in trade and manufactures , was very considerable , and i am sorry , upon a carefull inquiry , to find it so much decreas'd : what remains , and more than can be gather'd in many years of peace , will be sufficiently employ'd in that business , where the nation is a certain and known gainer ; and therefore should not be diverted upon uncertain objects , and turn'd upon new inventions , in which it cannot be determin'd , in many years , whither we get or loose , and how the ballance stands : and of this nature , and kind , are the silk , and linnen manufactures in england . silk is a manufacture of a foreign extract , and not the genuine product of this country ; it employs indeed the poor , but is not compos'd from a material of our own growth . whatever encouragement it meets with , it cannot thrive with us , being not calculated for our meridian : 't is fit onely for frugal nations , where parsimony renders craft and workmanship not dear , upon which score the french , italians , and dutch , will always be able to under-sell us in that commodity , and hinder any success we can propose . and as an example of this , did not the hollanders , lately , bring hither french lustring , under their seal , which they could afford so cheap , as to under-sell the projectors of it here , tho' they were at the charge of freight and custom . the stock and industry laid out on the silk manufacture , would be more usefully employ'd , in such as are made from materials of our own growth . if the luxury of wearing silk could be quite abolish'd , such a reformation would undoubtedly be beneficial to the kingdom ; but since this is not easily to be compass'd , a wise state must consider which way the folly of their people can be supply'd at the cheapest rate , for , frugality of this nature , as certainly enriches the whole , as it does any private person . there are brought from india two sorts of silks . the one is of such a sort as is not made in england , and consequently onely hinders the importation of the like kind , at a dearer rate , from holland , italy , france , turkey and other places . the other is of the like sort with those made here , notwithstanding which , it must certainly be prejudicial to the interest of england , to forbid their importation from india , unless those , and all other kinds of silk applicable to the same uses , could be prohibited to be brought from foreign countries : since by such prohibition ( unless the vanity it self can be cured ) we onely enrich the neighbouring nations at our expence . the east-india goods since they were in use , have apparently lower'd the price of silks from france , spain , and italy , at least per cent : and if their importation should be prohibited , will it not follow naturally that the european countries will again advance upon us ? and the french , italians , and dutch , who upon several accounts are able to underwork us , will undoubtedly fall to making and sending hither such commodities , as may stand in the room here of indian goods , and at the low rates they can afford 'em , they will quickly ruin our silk manufactures : and when the fabrick is distroy'd , and the stock and hands employ'd in it , are diverted to other uses , they may put what fine they please upon our vanity . the dutch have such a silk manufacture in their country , that by computation , there is imported hither , from thence , more of that commodity , one year with another than we bring from india . most of the velvets us'd here , come from thence , and are purchas'd by us at a dearer rate , than could be afford'd from india , or made here at home , if we were skill'd in the workmanship . and notwithstanding the dutch have so considerable a silk manufacture of their own , instead of prohibiting , they encourage the importation of all east-india silks : well knowing , that 't is the interest of every nation , to go to their own , or foreign markets , with goods as cheap as they can , thereby to beat out all others . and that the cheapness of any commodity , will force a way into those countries where it is prohibited , if any of the like sort and kind is indulg'd and permitted to be worn there ; nothing being able to render the prohibition of goods intirely effectual in any nation , but a capacity in the inhabitants of such country , to afford them at cheaper rates , which can hardly be the case of england . as to the linnen manufacture , it is no more the genuine offspring of this kingdom , than that of silk . 't is true that some of the materials for it , may be had from our own soil , but not enough to supply our whole consumption , and we can never pretend to make the finer sort . and if the now intended prohibition should so operate , as utterly to lose us the east-india trade ( which peradventure may be the case ) the dutch may put what rate they please upon their callicoes ; and the dutch and french , and other nations , will impose any price upon their fine linnens ( which our callicoes for some years have kept down ) so that , our necessary consumption in this commodity , will stand us in above per cent. more than it does at present . this manufacture is proper onely for countries where they can have flax and hemp cheap , and where the common people work at very easie rates . but tho' with forcing nature , and by art , and industry , we could bring it to greater perfection , yet upon other accounts 't is perhaps not adviseable , nor for the nations interest , to promote it . first , our soil and the labour of the people may be employ'd about materials more advantageous , and wherein we cannot be undersold by other countries . secondly , the growth of this manufacture would obstruct trade , and other business more important to the nation : for ▪ . our noble staple of wooll is undoubtedly capable of a great improvement , to which the increase of wages ( that must happen upon an increase in the linnen manufacture ) will be a considerable hindrance . and one cannot rise , but to the prejudice of the other , because we really want people and hands to carry on both to their full perfection . and , . it is more the general interest of england to export woollen manufacture in exchange abroad for linnen , than to make it here at home ; which trade has been set afoot , and prosper'd very much , to the great benefit of this kingdom , since the prohibition of french goods during this war. but if we provide our selves at home with linnen sufficient for our consumption , and do not want that which is brought from silesia , saxony , bohemia , and poland , this trade must cease ; for these northern countries have neither money , nor other commodities ; and if we deal with them , we must be contented , in a manner , to barter our cloaths , for their linnen ; and 't is obvious enough , to any considering man , that by such a traffick , we are not losers in the ballance . in process of time , when england shall come to be more peopled ; and when a long peace shall have increased our wealth and stock , perhaps we may be able not only to carry on our old manufactures to their full height , but to embrace new ones , such as are that of silk and linnen ; but as our case stands , it seems sufficient to let them take their own natural course , and not to drive them on ; for too many sorts of businesses may be as well hurtful in the publick , as they are often to private persons . if the nation finds a general profit from them , their own weight will bear them on ; but in the mean while , it cannot be adviseable , in their favour , to exercise any extraordinary act of power ; and for their sake , by prohibitions , to distress , embroil , and disturb any settled trade , by which , beyond all contradiction , the nation , before the war , was so great a gainer . my lord , after much thought upon this subject , i am come to these conclusions , within my self , which i submit to your better judgment . first , that our silk and linnen manufactures obstruct trades more important , and more profitable . secondly , that , tho' a prohibition of east-india goods , may advance their present interest , who are engag'd in the silk and linnen manufactures here , yet that it will bring no future advantage to the kingdom . thirdly , that luxury is so deeply rooted in this nation , that should this prohibition pass , it will onely carry us to european markets , where , we shall pay perhaps per cent. dearer , may be , for the same , or for vanities of the like nature . so that upon the whole matter , my lord , i am humbly of opinion , that the importation of wrought silks , bengals , stain'd callicoes , &c. does not so interfere with our silk and linnen manufactures , as to hurt the publick , and bring dammage to the collective body of england . and thirdly , as to the effect such a prohibition will have upon the east-india trade in general . in all argumentations , 't is requisite to settle , and agree upon principles ; for which reason , in the beginning of this discourse , i did endeavour to prove , that in general the east-india trade was profitable to this kingdom . and i dwelt the longer upon that head , because some people are quite of a contrary opinion , and believe it hurtful to england . and i am satisfied that many ( without doors ) promote the bill in question , in hopes thereby utterly to destroy the traffick . and , truly my lord , it seems plain to me , that the intended prohibitions must prove , though not a sudden , yet a certain destruction to it . and that 't is a lopping from this trade , the branches , and taking away some of the bark , and part of the root : the trunk indeed is left , but so maim'd , and injur'd , that it can never spread and flourish . if it can be made appear this prohibition is no ways to be render'd effectual : and if it can be shown , that the said prohibitions will utterly disable the present east-india company , or any other , to be hereafter erected , from supporting , and carrying on the trade , to the advantage of england , your lordship will certainly think the bill , now a foot , of dangerous consequence , and not fit to receive a sanction in the house of peers . no prohibitions of a foreign or domestick commodity , can have any effect , without sumptuary laws strictly penn'd , and rigorously put in execution . for , the importation of french wines , and linnen , has been forbidden under high penalties during this war , yet the consumption of those sort of commodities , is not much lessen'd , and they are brought in upon us , from other countries , at much a dearer rate . for these three years last past , french wines have been convey'd hither by the way of spain and portugal , and the french silks , and linnens , have been all along secretly brought , and smuggled upon our own coast . perhaps if severe sumptuary laws had impos'd a high duty , or penalty , upon the consumers of french wine , silks , and linnen , the prohibition might have had its designed effect : but how such laws could have been made practicable , i shall not pretend to determine . in the same manner , if a severe mulct , or a high duty , can be laid on such as shall wear or use any india , or persia wrought silks , bengals , &c. and if this were superadded to the prohibition , peradventure it might be render'd effectual . but , otherwise , notwithstanding the prohibition , of wearing such goods , and the penalties upon the retailers that shall vend them , their consumption will be little lessened in this kingdom , for they will be brought in upon us from other countries , scotland and holland more especially . however , though such a method is peradventure the only way of keeping down this luxury , i am very far , my lord , from thinking it adviseable . for the laws of all countries must be suited to the bent and inclinations of the people : and ( which i am loath to say ) there is sometimes a necessity , they should be a little accommodated to their deprav'd manners , and corruptions . the people of england , who have been long accustom'd to mild laws , and a loose administration , can never indure that severity , which is needful to make such a prohibition have effect : nor can they suffer high duties , or penalties to be imposed upon their pleasures , or bear a strict inquisition into their furniture and apparel . there is no country without a multitude of sumptuary laws , but hardly a place can be instanc'd , where they are observ'd , or produce any publick good. they were somewhat regarded in the infancy of the roman common-wealth , before riches and pomp , had banish'd vertue , and obedience : but their chiefest strength was alwayes deriv'd from the sanctity , and veneration , in which was held the office of censor . and in england , they would be immediately contemn'd , and derided ; and any magistrate must become the publick scorn , that should think to put them in execution . and yet without strict sumptuary laws , well observ'd , the wisdom of the parliament will find it self eluded , when it endeavours to banish foreign vanities and luxury , in favour of our own product and manufactures . for in all probability , the consequence of such a prohibition will be , that goods of the same kind , or goods applicable to the like use , instead of those imported from india , will be brought hither from abroad ; and the consumption will not be less , but at a much dearer rate . it may indeed somewhat better our manufactures , but will more advance those of france , italy and holland , who can afford to work cheaper : and , in all appearance , will thereby prove such a drein of this kingdoms treasure , as may bring utter destruction upon us . but the principal question is , whether , under such prohibitions , any body of men can find their accompt in carrying on this trade ? to make this traffick an addition of strength , as well as riches to the kingdom , encouragement should be given to send thither large , and strong ships , which will be expensive to the undertakers . their business in india cannot be manag'd without frequent gifts and presents , to the rajahs and governours , according to the practice in all the eastern countries . forts , and castles , with good garrisons , are there indispensably necessary , for the preservation of the pepper trade , and indeed , needful upon many other accompts , as magazines for naval provision , and as store houses , in which to lay goods , bought in the country , at proper seasons : besides they are a safety to our people , from any insults of the natives , and a refuge , upon any disorder , revolution , or other emergency in the mogul's state and empire ▪ a trade limited and circumscrib'd in the manner propos'd , cannot well undergo these expences , which notwithstanding are necessary for its preservation . i have before divided the , l. prime cost sent to india , into two parts , viz. half for foreign exportation , and , the other half , for home consumption .   l. the returns of , l. in time of peace might probably yeild abroad — , the returns of , l. in time of peace , might probably yield at home — , total — , , but we must take notice , that the , , l. profit , suppos'd in time of peace to arise from this trade , did not , all of it , accrue to the adventurers in the company , but was national , and divided among many thousands of the people . the merchants , who at the companies sales bought goods for exportation , had their share , and the retailers here had their proportion , in the gain , which this traffick , in the whole , might be computed to produce . and particularly for their share in the , l. supposed to be gained by our own consumption , in time of peace , by this traffick : there came in , the king for his customs ; owners of ships ; such as got by victualling them ; seamen for wages : and , lastly , factors and servants , both abroad , and at home . the gain made abstractedly by the company , has never been invidious : for if their whole stock be computed from their beginning , to this day , it will be found , by their dividends , that they have not one year , with another , divided per cent. which , considering the length and hazard of their voyages , is not a profit to be envied . but since this war , the company have without doubt been great losers , and nothing but the invincible courage , which has been alwayes observ'd in english merchants , could have hindered the trade from being intirely lost . notwithstanding all the companies late losses at sea , and their former ill conduct in india , they have not lost footing there , but have , hitherto , preserv'd the trade , indeed at their own expence . however , if any thing should be done that will interrupt any great part of their commerce , they must apparently give it over , or sink under the burthen ; for the charge and expence abroad must be full as much to support a little , as a more extended traffick .   l. if this trade be so restrain'd , by prohibitions , as that there can be sent to india , not above per annum — , the national profit from thence arising cannot reasonably exceed — , the companies charge , and expence , to support and carry on their affairs abroad , may be modestly computed , at per annum — , which summe will be a great weight upon per annum — , but will fall lightly upon per an. , , according to the best and most impartial accounts i can receive , the bill in agitation , must lose england half the trade to india in general , all the traffick to the coast and bay of bengal , and half the business to surrat . and , particularly , as to the coast and bay , the company did usually send thither yearly five or six ships , of between six and seven hundred tons each : the fifth part of which , returns freighted with salt-petre ; one other fifth part with fine muslins , floretta yarn , and raw silks ; the other three parts , with goods by the bill prohibited : the consequence of which must be , that the trade to the coast and bay , will prove so inconsiderable , that it must be abandon'd , and england reduc'd to buy all its salt-petre from the scots , danes or hollanders . i take our home consumption , which is half of the returns of the prime cost sent to india , to be the main foundation upon which the trade stands , especially , in a time of war. 't is that alone can bear the incident charges at home , and expences abroad , necessary for the support of so large a traffick ; and 't is that onely , can enable any company to indure losses at sea , by storm , or a foreign enemy . what encouragement can there be to go on with so vast a business , if our merchants must singly depend upon the markets abroad ? one country , to advance their own manufactures , may prohibit our goods , the hollanders will buy 'em up at their own rates , when their use is forbidden here , and they will be a drug , and blown upon , all over europe . there is great difference between a merchants having a choice , or a necessity to sell his ware. in one case he may in some measure make his own price , in the other he must take what is offer'd . to speak generally , the east-india trade is profitable to the adventurers in time of peace ; but rarely so in seasons of war and trouble . in time of peace they enrich their country by a foreign vent and exportation of their goods , and in time of war , the home consumption chiefly enables 'em to support and carry on their traffick . your lordships may see all along in this discourse , that 't is my opinion , they do not interfere with such manufactures as 't is the interest of england to promote and encourage : but though the prohibited east-india goods did greatly prejudice our own product and manufacture ; yet i do not think a prohibition of 'em at all adviseable , during the war , for these reasons : first , our condition is so weak , that we cannot struggle with any the bad events , with which a new council may be attended . secondly , if to their losses at sea , their misfortunes in india on the score of every's pyracy , and their want of money , arising from the general want of species in the nation , a prohibition of the consumption of so many of their goods be likewise added ; 't is to be apprehended , that upon such a discouragement , the traders to those parts , will by degrees withdraw from thence , their effects , and stock , and quite abandon the whole traffick . thirdly , if this should happen , and , that either through sullenness , or because the prohibition does really bring insuperable difficulties , our merchants should actually quit the trade ; the dutch , our rivals in all other traffick , will certainly seize the derelict . and such an addition to their riches and power at sea , can by no means be consistent with the welfare , and safety of this nation . my lord , in this discourse ( which proves much longer than i intended ) i have endeavour'd to show your lordship , first , that this trade is beneficial to the kingdom . secondly , that 't is not prejudicial to the general woollen manufacture of england . thirdly , that it does not so interfere with our silk and linnen manufactures , as to hurt the publick . fourthly , that the intended prohibitions may probably occasion an utter loss of the whole traffick . no alteration in so considerable a branch of our foreign commerce should be attempted , unless the whole matter had been for many months consider'd maturely , by a council of trade , composed of the ablest men in the kingdom . and i will venture to affirm , that no sound judgment can be made in things of this nature , without contemplating the universal posture and business of the nation : and when so important deliberations are a-foot , the number of the people should be examin'd , their annual consumption both of home and foreign materials should be well stated , the ready money and other stock of the kingdom should be inquired into , the sum of money and hands employ'd in every distinct trade , should be duly contemplated ; and upon such a general inspection and view of the whole , we might be ripe to deliberate on any single point . any false measures and rash councils in affairs so important , are hardly capable of a future remedy . the hollanders have in their possession all the spice islands , which they have strongly fortified , and by this means they lay a kind of excise upon those necessary commodities , which all europe is forced to pay . by the seizing of bantam they have got almost three parts in four of the pepper-trade .   tuns brought into europe since the loss of bantam , and before the present war ( communibus annis ) of pepper about — of which imported by the french and danes about — by the english about — by the dutch about — total — the hollanders , at this time are very powerful in india : they have many good forts and castles well provided , and large colonies of men ; and they can , upon any occasion , call together there strong frigates : so that if it agreed with the present circumstances of their affairs in europe , or with the nature of the alliance they are engag'd in , 't is undoubtedly in their power , to engross this rich traffick wholly to themselves , and to expel us for ever from those countreys . perhaps they may not think it a safe advice , to attempt doing this by force , but we shall have no reason to complain , if they take in hand , what we give over and abandon . but suppose they should drive us from thence by force of arms , or that we should quit the trade to them through negligence and folly , it will be worth while to consider , what addition of wealth and strength , an intire monopoly of east-india goods may prove to that common-wealth . and , my lord , if i am not much deceiv'd in political arithmetick , it would bring yearly a much greater mass of treasure to the united provinces than is brought into europe from the mines of peru and mexico . this side of the world is so fond of those vanities , that if they could be had but at one market , such a market might , by their means , draw from the rest of europe , continually per annum , at least six millions . to prove this assertion , will take up more time than consists with the brevity intended in this discourse , i shall therefore onely give one instance , and that is of pepper , by which some judgment may be made of all the other commodities .   l. s. d. pepper tuns at d. per l. as it may cost the dutch in india amounts to — , add to this d. per l. for freight into holland , then it costs d. per l. which amounts to — , ditto tons sold in holland at d. per l. the profit being d. per l. will amount to — , but this commodity is grown so necessary , and has so obtain'd , and is of such general use , that it may be sold in holland at six shillings per l. which is less than any of the other spices , as cheap in india as pepper .   l. s. d. then tons sold in holland at s. per l. the profit being s. d. per l. will amount to — , , if from the single article of pepper , such a sum as , , l. may be rais'd , it will not be difficult to conceive , that by raising the price of other spices , wrought silks , callicoes , raw silks , salt petre , and other indian goods , the hollanders by an entire monopoly of this trade , may drein the rest of europe , every year , of , at least , six millions . considering their naval force , and their competition with us in trade , such an addition of wealth must make them a very formidable people . and though they may not peradventure turn their strength to hurt the traffick or peace of england , yet , 't is no very remote fear , to apprehend that notwithstanding all their riches , they may at last become a prey to france . and if the french , with the dutch shipping in their right , and as their lords , should once become masters of this rich trade , such an accession to that wise , well peopled , and large empire , must prove our ruin. and i must here take notice , that ( as i am inform'd ) all the salt-petre , produc'd in this side of the world , is not sufficient to take such a place of strength as dunkirk . if the fact be so , as war is made now , must not whatever country can obtain the sole trade to india , and the monopoly of that commodity , give laws to the rest of europe ? the principal care , my lord , incumbent upon persons in your station , is very cautiously to weigh new councils , to which you are adapted by nature and practice . wise men will never engage in rash advices ; from whence , if they succeed not , there is no good retreat : and , empericks of state only , will be tampering at every turn , with the body politick , and venturing upon bold and unsafe remedies . that the common people want work , that there is a general deadness of trade , and that our home manufactures are in an ill condition , must certainly be granted ; but these mischiefs proceed not from the importation of east-india goods , and may be plainly assign'd to other causes . upon the whole matter , my lord , i am of opinion ( with submission to better judgments ) that the intended prohibitions of east-india and persia wrought silks , &c. will be destructive to the trade in general , and hazard its being utterly lost to the kingdom . finis . the defence of trade in a letter to sir thomas smith knight, gouernour of the east-india companie, &c. from one of that societie. digges, dudley, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the defence of trade in a letter to sir thomas smith knight, gouernour of the east-india companie, &c. from one of that societie. digges, dudley, sir, - . smith, thomas, sir, ?- . kayll, robert. trades increase. [ ], , [ ] p. printed by william stansby for iohn barnes, and are to be sold at his shop ouer against saint sepulchres church without newgate, london : . signed on h v: dudly digges. a partial reprint of and reply to: kayll, robert. the trades increase. the first leaf is blank. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of 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any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng kayll, robert. -- trades increase. east india company -- early works to . great britain -- commerce -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - aptara rekeyed and resubmitted - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion the defence of trade . in a letter to sir thomas smith knight , gouernour of the east-india companie , &c. from one of that societie . — vexat censura columbas . london , printed by william stansby for iohn barnes , and are to be sold at his shop ouer against saint sepulchres church without newgate . . to the right worshipfvll , sir thomas smith , knight , &c. right worthy sir , when i first heard of an inuectiue publisht by some vnknowne busie person , against the east-indian trade : i must confesse , i held it , in eorum genere quae vilescunt spreta , worthy only of that companies contempt , whose blest indeuour , with good seruice to the state , hath surely freed them from the poyson . why should they then regard the hissing of those lurking serpents , that when the itching humour takes them , will be doing breuibus & carcere dignum , euen with the state it selfe ? but hauing since pervsed the pamphlet , i finde vnder the pleasing title of increase of trade , and gilded ouer with that commendable proposition of the herring-fishing , a sort of pills are put to swallowing , that perhaps may worke weake stomacks to distaste our course of traffick by societies in london , especially that now of greatest hope and profit to the east-indies . and though the author handle the particulars with such confused contradictions , as assure mee hee conceiued not what he writ : yet sure , some ape hath put the cats foot in the fire , some cunning and malitious persons , for priuate ends , or lewder purposes infused the quicksiluer that set that running head a work . remembring therefore that a wiseman should not onely keep himselfe from hurt of the brute beast , but feed and clothe , that is as plutarch notes , make profitable vse of enemies : out of my loue to you that spend so much of your time , for the good of the worthie marchants liberall aduentures , to aduance the reputation and reuenue of the common-wealth , i wish some one of our committies best experienced in that businesse , would take this oportunitie to shew how wrongfully they are traduced , whose voluntarie hazards in such long and costly voyages , for such euen by their enemies confession , dangerous and slow returnes were rather thankefully to be commended . good men , well-minded marchants , while the idle drone and greedie catterpillers prey vpon the substance of the subiect here at home , with eating vsurie and harmefull arts , while such a spider in a corner spends his fruitlesse dayes perhaps in weauing weake obiections against them , from furthest parts abroad , they fetch and bring the hony to the hiue , laborious bees , they clothe and feede the poore , and giue the willing man imployment to gaine with them , and with the common wealth , the honour , and the riches that venice first enioyed by their trade ouer land , along the mediterran , and then the portingals ( poore portingals till then ) procured by their more aduantagious farre sea-trafficke with those easterne countries . this was the first intention , this is still the endeauour of that famous fellowship , best knowne to you that were their first , and are by well deseruing , still their gouernour ; and if it please almightie god to continue his wonderfull blessing , and our good king his gracious countenancing of their industrie , i make no doubt , but by discouery of some neerer passage , or if the worst fall , through the aduantage of our multitude of able bodies , and most commodious sea-situation , euen the way wee haue that rich trade may receiue yet our turne more , and in few yeares a staple of commerce for all the world be setled in these northerne parts with as much life and quickning to the nauigation and affaires of this whole iland , as london and all sorts of marchants in it found by one returne from thence last sommer , quae nobis placet experientia veri . but sir , this honourable enterprise , like hercules yet in the cradle , in the infancie hath beene assailed by serpents slie aspersions , which * enuie long since whispered in the eares of ignorance , of killing marriners and carrying out the treasure of the land , in answere whereunto had the east india marchant then but told a truth like martials , bella , diues , puella , fabulla , hee might haue beene ( it may bee iudged ) neyther faire nor rich , nor chast , but only forward to commend himselfe : but now when as the poore snake enuie growes to be a monster , malice , when the pratler late a creeping worme is waxt a winged goose , a setter forth in print of slanders . now ( me thinkes ) you are , if not inforst , at least inuited happily to shew the world the well deseruing of that worthie companie , whose innocence will shine more gloriously euen to the eye obscur'd of him that dwels farthest from london , by passing through those vapours of an idle or corrupted braine these forst or forged imputations . a worke for truths sake worthie of a feruent spirits carefull handling : but were it recommended to my weaknesse ; though i dislike as much as any man , to see one , by transcribing only in effect , an honest gentlemans good * fishing-proiect , steale occasion to censure all our trades , and giue intelligence what shippes of ours , how manned , and at what seasons yearely passe from place to place , with such particulars of our sea-states decay , as must be eyther true , and so the secrets , or false , and so the slanders of our countrie . though i condemne his folly , that proclaimes such weakenesse and such want of marriners and shipping in our ports from fond reports of idle fellowes , informations certainly as false in these particulars , as we know they are in our east-india matters , especially at this time , when cleane contrarie , the power and greatnesse of our royall mr. and the reputation of his strength by sea and land , is for the good of christendome , composing of those stormes which armies both in italy , and germanie doe threaten . though i detest the hollow-hearted cunning , that doth looke on holland , but yet roues for other countries , girding still and glancing at our neighbours of the vnited prouinces , those in reason of state , and through band of religion , best assured friends , with ouer sedulous insinuating into euery eare , their eating vp of our prosperitie , their supplanting of vs in our trades , and such like seedes of disaffection , preiudiciall to vs both . whereas an honest subiect , well disposed in religion , well affected to the state , would rather rest content with this assurance , that our king hath power enough , when it shall please his wisdome to curbe insolence . our state may when it will , meet with vnthankfulnesse , and they that made the * embleme , for their owne good , must be carefull to keepe the pots from knocking one vpon another . though more particularly , out of many touches , i obserue such inclination , such a secret variation in the compasse of that pamphletors discourse , as makes me very iealous , for all his faire conclusion that hee framed his almanacke for the meridian of toledo rather then our ilands good fortune : witnesse his willingnes to haue vs trade into those countries , where wee must bee euer vnder the lee , in awe and subiect to much inconuenience , rather then make double the profit to our selues and to the common-wealth by fetching frō the wel-head , from the indies , rather then weaken them , their wealth and shipping , that in all their moderne treaties with all nations shew , how much account they make of that sweet trafficke . though last of all that pamphletors malignant raking vp all sorts of rayling arguments , and spleenefull vrging euery thing against the east-india marchant , might very well prouoke from one of that societie , the lashes which his often fond excursions fit him for ; yet surely i should leaue him to the riuall-free fruition of those errors , and apply my penne to satisfie an honest minde , rather then make him smart or carelesse readers smile . and as a ground-worke of integritie , first i would set downe what hee sayes euen in his owne apparell , scarfe , and feather too , as thus . now followeth the consideration of the east indie trade , into whose seas , not onely the riuer of volga , as before you heard , disemboqueth it selfe , but euen the bottome of the straights is emptied to fill vp those gulfes , and not to onely , but besides that many of our best marchants haue transported their staples thither ; it hath also begot out of all callings , professions , and trades , many more new marchants . then where there is increase of marchants , there is increase of trade ; where trade increaseth , there is increase of shipping ; where increase of shipping , there increase of mariners likewise : so then rich and large east indies . the report that went of the pleasing notes of the swannes in meander floud , farre surpassing the records of any other birdes in any other places whatsoeuer , drew thither all sorts of people in great confluence , and with great expectation to heare , and enioy their sweet singing . when they came thither , they found in stead of faire white swannes , greedie rauens , and deuouring crowes ; and heard instead of melodious harmonie , vntuneable and loathsome croaking . in indignation that they were so receiued and deceiued , in stead of applauding , they hissed ; and of staying , fled away . you are now braue east indies meander floud , your trade is the singing of swannes , which so many iourney so farre to enioy . god forbid you should bee found so discoloured , and wee so ill satisfied . and howsoeuer that i may bee sure to auoide any detraction , whereby my nature might haue any imputation , or by calling vp more spirits into the circle then i can put downe againe , i might incurre some danger , and be taxed likewise of indiscretion , for that we onely hitherto haue cōplained of the want of shipping ; we desire now but herein to suruey the store , and sée how you helpe the increase . you haue built more shippes in your time , and greater farre then any other marchants ships ; besides what you haue bought out of other trades , and all those wholly belonging to you ; there hath béene entertained by you since you first aduentured , one and twentie ships , besides the now intended uoyage of one new ship of seuen hundred tunne , and happily some two more of increase . the least of all your shipping is of fourescore tunne : all the rest are goodly ships , of such burthen as neuer were formerly vsed in marchandize ; the least and meanest of these last is of some hundred and twentie tunne , and so goe vpward euen to eleuen hundred tunne . you haue set forth some thirteene uoyages , in which time you haue built of these , eight new ships , and almost as good as built the most of the residue , as the dragon , the hector , &c. so that at the first appearance you haue added both strength and glorie to the kingdome by this your accession to the nauie . but where i pray you are all these ships ? foure of these are call away , of the which one was of three hundred tunne , another of foure hundred , the third of thrée hundred , and the fourth of eleuen hundred ; two more are docked vp there as pinaces to trade vp and downe : the rest are either employed in the trade in the indies , or at home out of reparations ; which if true , if the kingdome should haue néede of them on any occasion , it shall surely want their seruice ; and so then there is not onely no supply to the nauie this way , but hurt euen to the whole kingdome , the woods being cut downe , and the ships eyther lost , on not seruiceable . surely stories can shew vs , which we may reade in the courses of common-weales , how tolerable , nay how laudable it is in all states , to enlarge commerce . marchants , whome wée should respect , can tell vs of the casualties which not onely the shippes , but their estates are subiect to by aduentures . mariners , whom we must pittie , can teach vs of the ordinary dangers not onely that shippes and goods , but their liues are subiect to by sea. i must not then exprobrate that to them which is to be imputed to the sea ; nor are they to bee blamed out of reason for that which deserueth in humanitie , commiseration ; nor is england bounded by our horizon , to goe no further then wée sée . wee haue learned long since , that mercatura si tenuis sordida , si magna , splendida ; the stranger the countrie , the greater the aduenture ; the more famous our nation , the more worthie the marchant . before wee were , euen horace writ , currit mercator ad indos . loath then am i to borrow that saying of demosthenes on his courting of lais , to pay it to the indian trade , by alleaging , that non tanti emam poenitentiam , only hauing now in common that roman prouiso , ne quid detrimenti respub . capiat . let vs examine that which may mooue patience , that our woods are cut downe , and the ships either lost or not seruiceable : our woods i saie , cut downe in extraordinarie manner , neither doe the ships die the ordinarie death of shippes . our woods , extraordinarily cut downe , in regard of the greatnesse of the shipping , which doth as it were deuoure our timber . i am able out of sufficient testimonie to affirme , that since the indian trade , and méerely through their building of their ships of so great burthen , and their repairing , ( the building notwithstanding beganne but fiue yeares since ) that timber is raised in the land fiue shillings , and more , in the load , nay , almost not to bee had for monie , which the companie ( no question ) being sensible of , very wisely séeke to helpe themselues in , by building of ships in ireland for their seruice : yet it seemeth their incouragement that way , is but necessitous , in regard by their owne saying , besides the hazard , the charges are little lesse ; and which is worse , that kind of timber is but vntoward for that vse , being so extreame heauie , that a ship of a small burden draweth much water . in fiue yeares space their building , together with their repairing of ships almost equall to building , beget such a scarcitie , what will a little continuance bring forth ? bring forth i cannot say ought , but a priuation will follow euen of all our timber wood. the kings nauie must be maintained , other merchants of lower ranke must haue shipping , and the sea trade may increase , and then eyther we must trade without shipping , or make shippes , without timber . when the norman conqueror hauing subdued the most part of the kingdome , passed from essex into kent , which then made head against him , the kents , hauing by the aduice of their politike bishoppe and their stout abbot , cut downe great boughes , and with them in their armes marched towards the conqueror ; whereby , besides the noueltie of the sight , the armie appeared double as bigge : william himselfe so conceiuing it , as also amazed to sée woods walke ; more feared and discontented with that sight , then otherwise assured with his former successe , condescended to what demands soeuer were made by those people , to haue such weapons laid downe , and to gaine such ingenious subiects ; whereby , to their eternall benefit , and credit , their persons were neuer in bondage , no their lawes altered . in this their land-stratageme , i sée our sea-arts , in that and these woods being the fatall instrument of our fortunes , boughes of trees kept the kentish-men out of seruitude , when they held them in their hands , and but for shew ; their bodies will kéepe vs in libertie when they containe vs , and are for seruice , and by their mouing on the water they will amaze both french and spanish , and whomsoeuer , and kéep them , and all others , from comming néere vs : out of which prouident fore-sight , our most worthy princes formerly raigning , haue made diuers lawes in fauour of timber trees : and our most noble king hath prouided thereto with new accessions for the preseruing and increasing of them ; but that a parricide of woods should thus be committed by building of shippes , it was neuer thought on by any of our royall solons , and therefore there was no prouiso for it : nay , this inconuenience was to little suspected , that our said famous princes haue prouided cleane contrarie , with great bountie and indulgence haue encouraged by reward out of their owne purses the builders of great ships ; as bestowing on the builders fiue shillings on the tunne for euery tunne that is builded aboue one hundred tunne in a ship ; so necessary did the prince thinke his maintenance of shipping , the accession thereof consisting much in their greatnesse , to the honour and safetie of the kingdome ; and such vse he made account he should haue of them . whereas now this waie he contributeth , to the spoile of his woods , to the losse of the shippes , and to the hurt of the kingdome . i heard a shippe-wright say on the losse of the trades increase , that if you ride fortie miles from about london , you could not find sufficient timber to build such another . it was a ship of eleuen hundred tunne : for beautie , burthen , strength , and sufficiencie , surpassing all marchants ships whatsoeuer . but alas ! shée was but shewne , out of a cruell destinie shée was ouertaken with an vntimely death in her youth and strength , being deuoured by those iron wormes of that countrie , that pierced her heart , and brake many a mans withal memorable in her misfortune , onely redounding to the common-wealthes losse . for as for the marchants , though i pittie their aduentures with all my heart , yet in this their part of losse was least ; for all their goods were on shore ; and shée had brought aboundance out of the mecha fléete , which shée did both tithe and toll : and thanks be to god , they are more then serues by what is returned from her , and more then that often , by the grace of god , will come from her to the marchants gaine . the like vntimely fall had the other thrée of great burthen , gallant ships , neuer hauing had the fortune to see their nature soile againe , or the honour to doe their countrie any seruice , in respect of all other ships that wander ordinarily to other countries , therefore i may iustly say that they die not the ordinary death of shippes , who commonly haue some rest , and after long seruice die full of yeares , and at home , much of their timber seruing againe to the same vse , besides their iron-worke , and the rest otherwise seruiceable , and not in this bloudie and vnseasonable fashion , rather indéed as coffins full of liue bodies , then otherwise as comfortable ships . for the rest that liue , they come home so crazed and broken , so maimed and vnmanned , that whereas they went out strong , they returne most feeble : and whereas they were carried forth with christians , they are brought home with heathen . what the profits are to the marchants , for so great an aduenture , i know not . i am sure amends can not easily be made for so great losse , euen in this point which is our speciall subiect , for wast of woods , and spoile of shipping . the last cōsistance of shipping propounded , was that of the east indies : which though yongest , was found in shew and state to haue ouer-topped all the rest ; as a bird that maketh her selfe gay with the feathers of all other foules ; hauing borrowed , nay , hauing bought the best ships out of other trades to honour their uoyage , and plumed euen constantinople her self , of her shipping : therefore that men are entertained extraordinarily in this uoyage , it is apparant out of the greatnesse of the shipping ; the entertainment of them increasing , if should be a consequent that sea-men increase this way : but that we may not by ambages triumph in their losse , or our calamities , we sée this way that our shippes perish , and therefore our men they shrinke , nay , though ships come home , yet then leaue the men behind : so in this uoyage , there is a two-fold way towards our want of marmers . in that ships , nay great ships , are extraordinarily subiect to be cast away , and then there must be lest likewise of men ; in that though they come home emptied of their men . by the losse of foure ships , we haue lost at the least foure hundred and fiftie men : and in the aduenture of some thrée thousand that haue beene imployed since that uoyage beganne , wée haue lost many aboue two thousand . dauid refused to drinke of the well of bethelem , which the strong men had fetched , when hee thirsted and longed , because it was the price of bloud . this trade , their commodities are at a farre dearer rate , being bought with so many mens liues . but happily some will say , that the greatest losse of these men was at the beginning , when as all thinges are difficult : but since our men framed to a better composition of themselues , to the varietie of this climate , and heartned to the tediousnesse of this uoyage , haue better endured and ouercome those difficulties , and returned more comfortably . heerein the latest uoyages will informe vs best , and wée will instance in the thrée last that haue made returnes . the first was vnder sir henrie middleton , whose former gouernment in that kind of uoyage , had approoued his wisdome and moderation . his ship was that famous and infortunate uessell of eleuen hundred tun ; his company in that ship some two hundred and twentie men . after foure yeares errors vp and downe the sea , wherein he vnder-went many constructions at home , and ouercame strange difficulties abroad ; hauing , to his eternall reputation of policie and courage , out-gone the perfidious turke , and reuenged their barbarous wrongs , to the marchants gaine , and the kingdomes repute : after he , and his , had , i say , béene accompanied with many sorrowes ; with labor , hunger , heate , sicknesse , and perill ; that worthie commander , with many a sufficient marmer , with the whole number ( ten excepted ) of his li●e cargazon , perished in that acheldama , in that bloudy field of bantam . nicholas dounton , the uice-admirall of that fléete returned , and of seuentie be carried forth , brought home some twentie ; the rest , their labors and liues were sacrificed to that implacable east indian neptune : the darling of that uoyage is yet there , nor neuer will the master , and approoued sea-man , returne , with diuers others . the second was that of captaine saris , and captaine towerson , men formerly exercised in those iournies , and therefore thought méet to command . whether they were short of the opinion conceiued of them or no , i know not ; it they were , i should attribute part of the losse of their men to their insufficiencie , but that the destinie of that countrie challengeth all to it selfe . captaine towerson , who first returned hauing left behind him of some hundred and twentie carried forth , fourescore and fiue ; and captaine saris of . & odde not hauing brought home aboue two or thrée and twentie : the thomas of that voyage , which went forth with some . men , was brought home by way of a wreck , you know the destruction of men that name importeth . the third , that of captaine thomas best , admirall of the fléet , a man , whose former behauiour in sea-affaires drew into that iourny with great expectation , and which is very seldome and hard , his carriage in this employment went beyond that great expectation of a reposed demeanor indulgent to his men , vigilant in his charge , his courage like on his carriage , and his fortune aboue all , hee checked the indians , he mated the portugals : those honor our king , these feare his forces , he setled a trade in cambaya , reduced things in order in bantam , brought riches home for the marchants , and kept reputation for himselfe ; yet for all this had he , nemesin in do●se , the indian vengeance haunted his ship euen to our coasts ; of some hundred and eightie men vnder him when he went forth , depriuing him of one hundred and odde men for euer . some foure or fiue and twentie of the remainder are left , on the desperate account of men , for the countries facteridge , onely thirtie are returned . in two great sea-fights with the portugals and their gallions , which continued foure whole dayes , he lost not foure men . it was not then the fortune of war ; neyther out of want of ought that victuals and good gouernment could affoord ; imputations to some other uoyages : nor had the length of time any fault , part of others bane ; he hauing made the voyage in shorter space then any other ordinarily ▪ the dogged starre of those climates , the ●●ench of those countries were his fatalitie . as one swallow maketh no summer , so it is not much to be maruailed , that in al these uoyages some one ship hath but béene scarred , and not else much hurt in this iournie : shée indéed but euen séeing those coasts , and presently on so great a glut of our men and ships , with the which it séemeth the sea and land was then busied and full : when as captaine newport returned with little losse and in short time . now then as wée haue said before , that the indian ships die not the ordinary death of ships : and that wee haue shewen likewise before , that men doe die extraordinarily in this uoyage , which is almost incredible : they are distressed likewise after their death , and that is very apparant by the meane account made to their heires of what they had in possession in their life time , by what should otherwise be due to them in their purchase , by the calamities of their wiues , children , and friends , after their death . fabulous and phantasticall legends haue béene made of the restlesse death of many concealed extortioners , and murderers , whose ghosts haue béen said so walke in paine and penance . on the contrary , how many liue bodies indéed the true images of the deceased , complaine of the death , call for the due of their friends ? fathers , husbands , children , kinsfolks , & creditors : poore ratlife , limehouse blacke-wall , shadwell , wapping , and other sea-townes abroad can sensibly tell . the marchant hée is at home , and therefore hée cannot embezell the goods abroad : and it is likely that what is directly proued due is paid here to theirs . then is the calamitie of that iournie more fearefull , because out of his owne ill planet if maketh so many miserable . how this is recompenced it is neyther my purpose , nor my part to examine : for certaine there is want of trade : the hollander would grow greater , if hée had all this trade in his owne hands . the kings customes are now aduanced : this way shipwrights are set on worke , which must be maintained ; and other mechanicall trades liue hereby , with a number of poore busied . and surely hee that would not haue the poore to liue , i would hee might begge : and hee that would not aduance the kings profit in all liberall manner ; and marchandize is a faire means , i would hée might die : and hee that regardeth not his countries good , it is pittie hee was euer borne . i desire not , like a second phaeton , to make a combustion . all that i would enforce at this time is , that in this trade our men are consumed , and thereby more want of mariners . let the straights-men , and the lisborne-marchants complain of their hinderance this way , and say their trafficke before was more beneficiall by much , and more certaine to the custome-house then the indies bee now . let others report that the foundation of this trade was laid in the ruine of a carick that sir iames lancaster tooke in the first uoyage , and that the maine of this after-iollitie procéeded of the forced trade driuen with the mecha fléet by sir henry middleton , whereby diuers durst not goe presently after to the straights , as the angell , and other ships , out of rumor of reuenge for violence offered by our indian men to the turkes in the red sea . let the common people say that their commodities are vnnecessarie : aske the tradesmen , nay all men , what they haue cheaper : looke into the price of victuals how it riseth out of their great prouisions . let the whole land murmure at the transport of treasure , and bring in charles the fifth his opinion , speaking to the portugals of their trade to the east indies , who said that they were the enemies to christendome , for they carried away the treasure of europe to enrich the heathen . let goe the spéech of the small reliefe thereby to the poore , and they whom it doth concerne may suggest the indian home state and particular profit . once i am sure , that as vespasian the emperor sayd , hee had rather saue one cittizen , then kill one thousand enemies ; so his royall maiestie had rather haue his subiects , then custome for them : and you see plainly , that his maiesties subiects , our countrie-men , fall this way , and this way is want of mariners . now sir , imagine that you were the reader to bee satisfied , and you shall see , how while the froth of his meander floud and such like following fuming stuffe euaporates it selfe , out of the residence , drosse as it is , i will extract all his obiections , which now like folded sheepe , or as raw souldiers in a rout , stand faces euerie way , but i will put them in aray , in order sir , and yet defeat them , fairely as i goe . first , comes a very forlorne hope , two light , flight charges , were they true , of the riuer volgas disimboquing , and the straights emptying , but i wil take the former rather from the fifth page of his booke where he speakes english. the marchant formerly trading russia , hath for warmth and profit seated himselfe in the east indies , and transported thither much of the muscouie staple , &c. to which i answere . if here , as some imagine , hee haue look't asquint vpon sir thomas smith , an honourable gentleman , whose constant and continuall readinesse to spend both time and monie in any action that may good the common-wealth , doth merit as much praise as modestie may giue a liuing man : how much is hee to blame , to wrong a worthie member of this citie of the kingdome , that ( besides many other publike businesses ) hath beene long , and is still gouernour of the muscouia companie , and with them continually as great a venturer as any ? if he intend if by the companie , how ignorantly doth hee taxe that bodie , the * discouerers of the northerne world , that all the last age honoured our whole nation with their famous nauigation , that farre from letting full their trade , after so many yeares of losse by reason of the troubles of that land , doe yet make good a stocke , not onely to a defend b their fishing of the whale in greeneland , against all other nations , but at this present able to beare the charge of sixe or seuen thousand pounds extraordinarie , to defray a muscouite ambassador al the last winter here , and sir iohn merrick , one of ours now there , in hope to settle once more priuileges for our nation , and in time to bring ouer the caspian sea along that riuer volga , whose name ( it seemes ) he onely knowes , a trade for indico and silke so rich , that the east india marchant may perhaps bee glad for so much to ioyne purse with them . his second obiection is of the streights emptying , &c. or from his sixth page . the trade into the bottome of the streights is lessened by the circumuention of the east indie nauigation , which fetcheth the spices from the well-head , &c. but marke , if this he sayes were true , so long as by the change the kingdome gaine , and onely turkes doe lose , of what faith is hee that complaines ? the turkie marchant is too honest and too wise , he knowes that when the great imbargo and the warre that followed with spaine , had forc't vs from the marchant-strangers hand , to take our spices ( which were fetched from lisbone formerly ) c at extreme rates , his wittie predecessor plotted , by his factors , with the carauan , to bring those spices to aleppo ouer land , and so awhile did helpe to serue the subiect here at lower prices , vntill the hollander , by the cape buena esperanza found the meanes to bring such store of those commodities , that the d low price beat the streights-marchants from that e marchandize : and then our marchants , ( that what euer ill men say , do scorne to weare the shooes of other nations ) resolu'd vpon an india voyage for themselues , with foure good ships , & some of them that wanted now imployment to the streights : by the returne whereof , and by continuance of that trafficke , our spices are not onely cheaper to vs * halfe in halfe , but the straights marchant , long before this pamphlet was put forth , out of our ouerplus hath serued the turkes with spice , and f carried in one yeare much more into the streights then euer was imported thence : the proceed whereof , as turkie marchants know , besides the increase of shipping to export it , will returne wares , to imploy at least twice as much shipping more : so much hath god almightie blest vs , if we can bee thankefull . so opposite to truth is all he sayes of the east india trades decaying of the streights . besides , if the east india marchant ( that would he looke at priuate profit onely , can imploy his stock for swifter , and for surer , and perhaps more gaine ) should , through discouragement of such malignant tongues , now giue that trafficke ouer , liues there any ( in the citie among sea men ) else so simple , as to thinke , that while the dutchmen hold their trade , there will bee any more spice brought from turky ? certainely that course is now for euer ouerthrowne , and so i thinke , are these two forlorne accusations . next then , to ouerpasse his fireworkes of triumph only , before victorie , after some crackling noise , and no hurt , his vantgard comes vp vpon our east-india nauie , and like one of the wise captaines of old time , he would cosen his souldiers with false enumeration of their strength ; i will therefore disproue him with a truer catalogue of their ships . per tonne & tonnage . the dragon — . an old worne ship bought by the companie , but by their cost made so strong , that shee is now gone her fifth voyage to the indies . the hector — . an old ship bought too , and made new and warlike , and now gone her . voiage too . the suzan — . a very rotten ship , when shee was bought , and likely to haue beene broke vp for firewood , yet she made one voyage , and in her second , foundred in the sea , as wee thinke . the ascension — . an old ship bought , ordinance , tackle , furniture , and all for fiue hundred pound , shee yet made two voyages , and in her third was wilfully runne aground vpon the sholes of cambaya the consent — . a bought ship , she brought home cloues , &c. but being found too litle , was sold away . the vnion — . an old hulke , bought from carrying masts and dele , yet made a warlike ship , and lost in brittanie . the expedition — . gone out her third voyage . the trades increase new built , and ouerswaid as she was careening at bantam , &c. the peppercorne — . new built , and now gone her second voyage . the darling — . new built , and now trading and discouering in the indies . the globe — . bought and rebuilt for trade and discouerie in bengala , whence shee is not yet returned . the cloue — . she was at iapan with captaine saris , a new strong ship , and going againe her second voyage . the thomas — . new built and gone her second voyage . the iames — . new built , but not yet returned from the indies . the oceander — . new built , and not yet returned . the salomon — . and now gone her second voyage . the concord — . ) ( gone out lately . the new yeares gift — . ) ( new built of irish timber . the hope — . ) ( new built in ireland . the samaritan — . ) ( the thamazin — . ) ( new built . the aduise — . ) ( new built . the lyon — . ) ( the great defence — . readie to goe out with the cloue . and two more now building at depford , one of . tunne , the other of . tunne , &c. out of these ships , the companie haue set forth alreadie . voyages . neither may he excuse his mentioning only . with pretence of his bookes being written long before his friend ( no doubt ) put it forth , since in the booke hee speakes of captaine * saris returne , &c. but let that passe . what saies he to these ships ? foure of these ships are lost , and that not by the ordinarie death of ships . the trades increase , that gallant shippe , was ouertaken by vntimely death in her youth and strength , being deuoured by those iron-hearted worms of that countrey , &c. the like vntimely fall had the other thrée gallant ships , neuer hauing had the fortune to sée their natiue soile , nor the honour to doe their countrey any seruice , &c. and is foure of so many ships , so long at sea , so great a losse , especially in foureteene yeares of our yet infant and discouering trade , while in the farthest and vnknowne parts of the world — ignari hominumque locorumque erramus , vento vastis & fluctibus acti , incerti quo fata ferant , vbi sistere detur , while we seeke for trafficke with strange nations ? surely wee esteeme it gods great blessing , that wee lost no more , and wee are thankfull for it . he hath not dealt so with some other nations . looke on the * portingall or dutch beginnings . nay now they are so well experienc't , the first lost in a manner all their china fleet and riches very lately , in returne to goa ; and the other , the very last yeare , out of foure ships richly laden , the returne of many more set forth , saw the ruine , ships , goods , men and all , of two ; and one of them euen at their doores in m holland . and if this vulture that thus followes wreckes and dead mens bodies , should but reckon other marchants losses in that time , which i had rather pitie , he would , it may be , in his so approued new-castle coasting course , finde as great losse of mariners and shipping . and for the extraordinarie death , i know not well what he intends : but sure the companie , euen in the losse of most of them , for some things , found gods extraordinarie blessing . witnesse a true narration . first , for the trades increase , when that thrice-worthie generall sir henry middleton ( that neither tithed nor tolled the mecha fleet , as malice would haue men beleeue , but like true iustice , with the sword and ballance in his hand , made the beginning , laid the true foundation of our long desired cambaya-trade ) had made the false turks pay for his most barbarous imprisonment at moha , he conceiued , a twelue moneths stay , by that misfortune , longer forth , might peraduenture bring his shippe in danger , and therefore more for prouidence then need , hee purposed to careen her at bantam , our then greatest factorie , where he was no stranger . but such was gods good pleasure , as it hath done here , and may doe any where , a mortall and infectious sicknesse raged then among the natiues of that land , and fell on him and many of his people vnto death , so as the shippe ( that by the breaking of a cable ouer-swaied ) was left halfe ruind aboue water , for want of skilfull hands to helpe her . the ascension , though an old shippe bought , made for the companie two voiages to india ; but in her third , by the wilfulnesse of a lewd master , that would not suffer-a pilot to be entertained , shee was runne aground vpon the sholes of cambaya , where yet all the men , with the best marchandize , were saued . the vnion , bought from carrying masts and dele , was by their cost made warlike , and so strong , that notwithstanding her vnhappie losse of the captaine , and eleuen more of her principall men , through foolish breach of their * commision , yet shee had come richly laden home , if first a mutinie had not fallen among those new vnfit commanders , and then fourteene of her a blest men had not forsaken her distrest , to goe for rochell with a shippe of alborough . and yet , good shippe , almost at home vpon the coast of brittanie , where shee droue in with her weake men , the lewd inhabitants first drew her on the rockes , then boared her full of holes , and with more difficultie farre then would haue saued her , made a wrecke , as since vpon their execution for it , some of the actors haue confest in france . the fourth and last , was the old rotten shippe , the susan , ready to haue been broken vp for fire-wood , when the east-india marchant bought her for their voyage , which shee yet performed , though in returning home vpon her second voyage , shee foundred in the sea , as men suppose : so that ( as neptune in the poet said ) vnus erit amissum tantum quem in gurgite quaerent , vnum pro multis , &c. this only one shippe properly was lost . now let him then but reade what hee hath written of these ships , and if he can forbeare to blush . i but the rest of their ships are either out in the uoyage , or here at home out of reparations , returning so crazed and broken , &c. that if the kingdome should haue néed on any occasion , it shall surely want their seruice , &c. and this in truth is an obiection worthie of an answere . although before this trade grew quicke , the companie had leisure , and were forced to new-build , and bestow great cost vpon their old bought ships ; yet now for diuers yeares , since they built new , there is no shadow of a truth in that hee saies : for that their ships , some after two yeares and a halfe , some after three , and longer voyages , come home so strong and seruiceable , that without cost of planke or timber ( except only sheathing , due to euery marchants good shippe , and performed easily in thirtie daies ) they haue beene found fit to send out againe vnto the indies . and thus without new building the dragon hector expedition cloue salomon peppercorne * thomas was only dock't and sheath'd for the new voyage . and that this point of sheathing may bee fully vnderstood , the cloue one of the greatest , that had been at iapan longest and farthest our , was for a triall sheathed and fitted perfectly in fourteene dayes : who then can doubt of their abilitie to serue the state at home vpon our coasts , or at the most , little aboue a summers voyage out ? i but they are not héere , &c. yes commonly six moneths , and when our nauie is compleat , and our trade setled , by gods grace we shall haue many ships returning euery summer , as well as those preparing in the winter to goe forth : and see this mans ill luck , euen this last mustering yeare , before the putting out of that same pamphlet , besides those seuen aboue set-ships . the samaritan , the lion , and the great defence lay many moneths within the riuer , readie , if neede had beene , to doe the seruice which his maiestie in his princely wisedome * prouides for , in his letters patents of the companies incorporation . tenne goodly shippes and such as ( not to meddle with our marchants ships , our friends at home ) being all together , well prouided of munition and men , would not much feare the royall nauie of some kings in christendome . a squadron that within our narrow seas , hauing the land and ports to friend , might stop the furie of another selfe conceited inuincible armado : what meanes this poore man then to write hee knowes not , and it seemes , hee cares not what ? i thinke our kentish boughes that got vs gauel-kind of the conqueror , like bees in his brains haue made him wood : in a wood i am sure he is now , & like to lose himselfe , for his next forces , like benzo his naked indians come to fight ligneis telis , with woodden arguments . but any wood will serue his rancor for arrowes to shoot at the east-india companie : and would hee flie into the irish bogges , as hee doth into their woods , i must now pursue him . hee sayes , our woods are extraordinarily cut downe , in regard of the greatnesse of their shipping , which doth , as it were , deuoure our timber , &c. king henry the eight , and quéene elizabeth , by lawes , and our king by proclamation , sought to preserue and increase our woods , but that a parricide of woods should thus bee committed , by building of ships , &c. and so on , but thinkes he , these royall princes cared to keep their woods for any nobler vse , then to build gallant ships , and those not to lie still and rot his ordinarie death , but such as round about the world disperse the honour of the crowne they serue , and then returne with wealth for king and kingdome , and for those that set them foorth , in stead of wood ? wee must with thankefulnesse acknowledge , though hee coldly set it downe , that our most gracious soueraigne hath not by proclamation onely helpt the kingdome in that point , but with a prouidence beyond his predecessors , besides his recommending bils in parliament , and speaking eloquently for them , he hath vrged good husbandrie of planting to vs all , the onely meanes to breede vp shipping timber , since tall and goodly trees doe neuer proue of tillers , second springers out of olde decayed stockes , how well soeuer kept by statute husbandrie in woods . but was this care ( thinkes he ) for trees to looke vpon ? the prouidence that bids vs go and plant , commands vs too to vse our wel-growne timber ere it rot , as that would soonest that is fittest for great shipping . his maiestie was loth to haue our timber spent on beggers nests ( that growing scurfe vpon this citie ) new tenemēts , whose rotten rents make many gentlemen before their time , or that our woods should bee consumed in fire & furnaces for glasses & such bables when god hath blest vs with a fuell in the bowels of the earth , the wast whereof can doe no hurt : but as for building ships , his wisedome likes that well , and out of royall bountie , for incouragement giues them the most that build the greatest , a policie of his princely predecessors . if then these eagles could foresee no inconuenience , what is he ? that professeth himselfe able out of sufficient testimonie ( questionlesse ) to affirme , that since the east india trade , and méerely through their building and repayring of their ships ( their building though begunne but fiue yeares since ) timber is raysed in the land fiue shillings in a load , nay almost not to bee had for monie . this makes the companie flie into ireland , and hee heard a skilfull shipwright ( doubtlesse ) say , that all the timber within fortie miles of london would not build such another shippe , as the trades increase , &c. i know what men in kent esteeme of him , that said ( because they agreed in time ) that the building of tenderden steeple was the cause of goodwin sands increasing : but if there be a man so neere of kind vnto a blocke , that hee thinkes cutting downe of timber , parricide : his tender conscience shall haue some more satisfaction . it is no newes to heare the price of timber rise , with most things else ( perhaps through monies falling , ) it did so , long before the east india companie beganne , it doth so now within the land , where neyther they nor any can build shippes : but to confound that poore conceite , that they haue caused dearth , the east india marchants bookes will shew , that to this daie they haue in all of english timber spent but fiue thousand , sixe hundred , twentie three loades , and one thousand , eight hundred , fortie two of plancks . whereas i know of my particular acquaintances within his shippewrights limits , the companie are offered at this present more then that , at as cheape rates as when they built the trades increase : and they that best can iudge the east-india shipwrights , sent to bargaine for the companie , auerre vpon their credits , that they know within that fortie miles , timber enough to build not onely many a trades-increase , but to vse their wordes , ten times as many ships as the east-india marchants haue . yet they foreseeing store can be no sore , especially neere home , and hearing how the stranger daily fetched away our timber out of ireland ; out of an honest good affection to their countrie , put their foot in there , and now prouide the most part of their shipping and materials m thence , in which they finde no n fault at all , saue ( as he only truly saies ) the charge and hazard : and if it shall seeme good vnto his maiestie to keepe our irish timber from the stranger , for to build busses and fishing vessells for our selues ; this ready companie , to doe him seruice , and to good their countrie , may perhaps finde meanes , to saue homestore , by trying a conclusion in virginia , which this worthy author thinkes , men know not what to doe withall . since therefore their prouision out of ireland , neither is for neede , nor to saue charges : what is he that requites that industrie of theirs , and hazard , with ill wordes ? now sir , wee are vpon his next invectiues , his maine battaile , nothing now but death of men , only a certaine loose wing , a stragling obiection about shipping comes first in the way , and saies that the east india marchants haue bought the best ships out of other trades , and plum'd euen constantinople her selfe , of her best shipping , like a bird that makes her selfe gay , &c. bvt if the * poet were aliue ( from whom hee borrowes that conceit ) to reade first a gentlemans fishing-proiect , and then this trades increase , assuredly , his quae moue at cornicula risum , furtiuis nudata coloribus , in the proper sence , should not neede to force it selfe vpon the east-india ships : but to the matter of the obiection ; if he had his will , that the east-india marchants might neither build nor buy : what had become of those old ships they bought , as the hector , the ascension , and the suzan , of turkie marchants , and some others of other men ? had they not lyen and rot for want of worke , or beene broke vp for fire-wood , as well as others since ? or would he rather that they had beene alienated into spaine with the alceder , a ship of foure hundred tunne , the beuis of southampton , a ship of three hundred tunne ? or into italie with the royall-marchant , of foure hundred . the may flower , of three hundred . the prosperous , of two hundred and threescore . the suzan-parnell , of two hundred and fiftie . the gold noble , of two hundred and fortie . the consent , of two hundred and fourescore . the concord , of two hundred and fiftie tunne . surely , an honest man would rather haue said somewhat of this sale , if hee must needes complaine , then quarrell that , which was but change with gaine vnto the kingdome . where then , good friend , in the epistle is that candor animi , in all particulars ? in all particulars it shewes it selfe alike , and euen as charitably in his following clamor , about losse of men : a subiect worthy of a little meditation . it is a precious thing the life of man , and would to god our single combatants , for idle wordes , would wey it well , at least those ioyes , that are expressed by the terme of life to come : yet the true sweet thereof is not in length , but vse ; a moneth of health more worth then yeares of sicknesse ; an idle weeke not worth one houre well spent . and if wee looke vpon it , for it selfe or for our selues , to stay from sea for feare of death , and starue at home , or pine away in pouerty , were foolish superstitious cowardize : but as wee are the bodies of our king , and of our countrie ( though in truth their greatest treasure , witnesse a o pohatan , or a p virginia , without them yet . ) this necessarie relatiue of soueraigntie . liuing bodies , vnimploi'd , are nothing . and if vnhealthinesse or danger of mortalitie , should keepe vs from a course , wherein we may inrich vs , or our masters , or serue the king , or good the common-wealth : who then shall liue in rumnie-marsh , or holland , or our cinque ports , or cities visited with sicknesse , or goe vnto the warres ? there is an author that can make all these the price of bloud , with phrases : but perfect wisedome in all common-wealths , hath honors , pay and priuiledges , to invite the priuate man into such dangers , for the publique good ; and god hath giuen men wit and vnderstanding to finde out preseruatiues , as armor against euery perill , which in-bred courage , or obedience to commanders , or care of those we must prouide for , makes vs vnder-goe . besides , the common-wealth esteemes not of the life of any but good men , such as doe good , the rest are tacitus his purgamenta vrbium , their death to her is nothing but an ease . nay mariners themselues admitting them to bee so scarce , were better die in the east-indies , then here at home at tybourne , or at wapping , for want of meanes to liue ; or else be forced to turne sea-robbers , and ( besides their other hurts ) giue this mans * pen occasion to cast such shamefull and vnnaturall aspersions on our whole nation . but i will spinne out this no farther : the paradoxe is needlesse ; for the ground our author tooke to fight this battaile on , will faile him . vnskilfull serieant-maior , he is mistaken in his numbers . he saies , that by the losse of foure ships , we haue lost at least foure hundred and fiftie men : and in the aduenture , of some thrée thousand , since that voyage began , wee haue lost many aboue two thousand . bvt how many soeuer haue beene imploied since that voyage began , vpon a true examination of our bookes , it doth appeare , that in all our ships that haue returned or beene lost , vnto this day , there were at first set forth but three and twentie hundred , thirtie and three men of all conditions , captaines , preachers , chirurgians , marchants , nouices and all : so that , vnlesse multiplication helpe him , when those are reckoned that are out in very many factories abroad , and those that did come home in . ships that haue returned safe , there will not rest much likelihood of many aboue two thousand cast away . as for his at least foure hundred and fiftie , lost in the foure ships , the trades increase vnion ascension suzan had but in al foure hundred thirtie and fiue , when they set forth . and three of these , the trades increase , the vnion , and the ascension , although the body of the ships were lost , as you haue heard , lost not thereby one man. but hee perhaps will mend this grosse account in the particulars . he saies , that sir henry middleton carried out two hundred and twentie in the trades increase , all which liue cargazon , ten only excepted , perished in that bloudy field bantam , &c. bvt sir henry middleton had but two hundred and eleuen at first ; and notwithstanding the losse of his monson , by his imprisonment , for all his afflictions , and the accidentall infection you heard of , besides foure that should haue beene executed for malefactors , that therefore ran away vnto the portingals , and fiue that were drowned , and many that were slaine , when hee was so barbarously captiued by the turkes at moha , and sixteene that were left abroad in factorie , there returned with captaine best thirteene more then the ten he speakes of . but he saies further , that captaine dounton , of seuentie which hee carried forth , brought home but twentie : the rest , their liues were sacrificed to that implacable east-india neptune , &c. bvt captaine dounton , for all his dangers with sir henry middleton , besides diuers left in factorie , brought home twentie and seuen . but hee saies further , that captaine saris and captaine towerson , whether through insufficiencie or no , he knowes not , but captaine towerson of . carried forth , lost . and captaine saris of ninetie and odde , brought home but two or thrée and twentie . and the thomas was brought home by way of a wrecke , &c. for the sufficiencie of men aliue , r able to answere for themselues , i will say nothing , let their actions speake . but for the reckoning , captaine towerson carried out but one hundred and twelue , of which he left diuers abroad in factories , and brought home . and the generall of that voyage , captaine saris , that carried out but . english , and . indians , did leaue at bantam eight in factorie , and fifteene in iapan , and yet brought home many more english then he speakes of , besides three indians for the foure that went out . neither may one without a name , name the thomas a wrecke , whose men brought shippe and goods into safe port in ireland , which if she had done sooner , as she might , and not striuen in the cold stormie winter , to come about for london , two moneths together , she had not lost so many men . but he saies further , that by reason of the dogged starre of those climates , of one hundred and eightie men carried forth by captaine best , there returned only thirtie , ouer and aboue foure or fiue and twentie left on the desperate account of the countries factoridge , &c. bvt first , to satisfie this desperate account of factors , you may know , that their returnes in euery shippe of ours , likely , many men , ( ten at a time , and sometimes more ) sent out in other voyages , which i doe neuer reckon , but onely giue a true account of those that did proceed in the same shippe . and so besides those which captaine best did leaue abroad in factorie , he put eight into the darling , ( the pinnace that attended on sir henry middleton , and is now discouering in the indies ) and foure hee lost by his accidentall fight with the portingall , and yet brought home sixtie and fiue . who then can thinke this man had any minde to publish truth , that would not once conferre with captaine best , well knowne vnto him , as it seemeth by his friendly commendation , and one that could haue told him both the truth of our mens dying , and that the true cause ( sauing f bantam ) is their owne disorder ? therefore certainly neither the dogged starre of those climates , nor that implacable east-india neptune , nor that bloudie field bantam , is so fatall , so mercilesse , so murderous , as the malice of this man , that to slander the east-india voyage , hath kild many that came home in safetie , and some that were neuer there . but i resolued to giue you satisfaction , and not laugh at him . know therefore , it is the marchants griefe ( and hee that knowes what hazard they doe runne , that haue their goods in heathen countries , in the hands of dying men , that must expect rich ships to come from places so remote , so weakly mand , thorow seas of dangers , besides pirates , will beleeue it is their griefe ) vnspeakable , that hitherto they cannot absolutely cleare themselues from this ( to them indeede great ) mischiefe . for though they put their wealth into the hands of such as come by sute and friends into their seruice , though they giue them entertainment , and imprest for their prouisions , beyond all other marchants ; though they prouide what ere it cost , all that the wit of man , helpt by continuall experience , can inuent , for victuals , clothing , physicke , surgerie , to keepe them in good health , besides good preachers , and the best commanders , al that may be to preserue them : yet if ( as for the most part through their owne abusing of themselues , with the hot drinkes and most infectious women of those countries ) they come vnto vntimely death , the marchants , that by that meanes lose much of their goods , and hazard all , when they haue paid the friends or creditors not only all their due , but oft times giuen more out of charitie to such as want , shall yet haue such a man as this raise ghosts , rather then they shall not be haunted . but by the blessing of almightie god , now that we are acquainted better with that voyage , and so taught to settle factories in healthier places ; now that our factors are more staid , and better knowne vnto vs , then many of those young men were that first aduentured on that then discouering trade ; now that our common mariners , in effect the food of that mortalitie , ( as may appeare by the often voyages of our captaines , masters , mates , and men of gouernment ) shall neither be so long at sea , nor stay longer on land , then to vnlade and lade , and so return in fifteene or sixteene moneths , as in straights voyages ; wee are in good hope that our ships will come as safe from losse of men , as the consent did first , and captaine newport since , whose happie voyages taught vs the experience . and so , sir , our pamphletter is now come ad triarios , to his reregard , his last refuge , his owne regiment , and that a ragged one . friends , fathers , widowes , children , kinsfolkes , and creditors , out of poore ratcleefe , limehouse , blackwall , shadwel , wapping , and other sea-townes , clamoring for the due of the dead , &c. i would some other poore , yet honest businesse , could as well shake off this clamour , as the east-india purse doth , that giues such extraordinarie wages , and still paies so readily , that men for many moneths out in this voyage , in continuall pay , although in their returne they chance to die , and leaue perhaps to the suruiuors their extraordinarie gaine by priuate trade , yet the good money due soone dries the eies of friends and creditors , as it might doe widowes , but that the marchants carefull chusing by their good willes none but single men , doth for the most part saue that labour . for my part , i that often visit t philpot lane , professe , i meet few sorrowfull east india clients , but such as are refused to goe the voyage . and though i would not wish the east-india marchants to answere this imaginarie clamour with setting truly downe how many hoggesheads of good beefe and porke , how many thousand weight of biscuit they haue giuen to the poore , euen in the parishes and places which hee names ; nor yet with telling what proportion weekely in pottage , beefe , and bread they send to the fleet , ludgate , newgate , the two counters , bedlem , the marshalsea , kings bench , white lion , and counter in southwarke , besides good summes of money yearely to releeue poore painfull preachers of the gospell , whose meanes are small , and charges great . for which and other workes of charitie , god hath so wonderfully blest their labours . yet if they should awhile forbeare their almes , and let the poore soules want it , because this man thus raild vpon them , thinke then but what an armie of complaints and curses would fall on him and all his fained rabble , which he brought to fight like satans seeming souldiers in the aire . poore man , his case was desperate , and like the captaine of the fort that monluc speakes of : he did but set vp old clothes stuft with straw , to winne a little time to runne away : for harke , hee is alreadie in his violent retrait , with for certaine there is want of trade . the hollander would grow greater , if he had all this trade in his own hands : the kings customes are aduanced : this way shipwrights are set a worke , &c. and so forth with a misericordia , till he leaue vs to examine the baggage — arguments remaining . inprimis , complaint of the straights marchant , &c. dead alreadie . item , the foundation of this trade was laid in the ruine of a carricke taken by sir iames lancaster , &c. sore wounded , and not worth the knocking in the head . — yet for full satisfaction , it was founded by queene elizabeth of famous memorie , before sir iames lancaster went to sea : and that i may set downe her reasons in the patent , for the honour of her realme of england , for the increase of her nauigation , for the aduancement of trade of marchandize , and for other important causes and reasons , &c. but alas , she wanted this mans wisdome to assist her counsell , &c. what haue we next ? the iollitie of this trade procéeded from sir henry middleton his trade comming out of the mecha fléet , wherby diuers ships , as the angell , durst not goe after into the straights , &c. first then , for iollitie of trade , the seuenth , the eighth , and the ninth voyages at least , were gone to sea before we heard one good word from the sixt , which was sir henry middletons : and before returne of any goods , the tenth , the eleuenth , the twelfth were likewise gone , if not the thirteenth , with a resolution of the settled great ioint stocke . the iollitie i thinke he enuies . nor finde we fault with captaine middleton , although his voyage proue one of our worst . but sure the heathen man that said , tibi innocens sit , quisquis est pro te nocens , will much condemne this man , that blemisheth , as much as in him lies , sir henry middletons good seruice for our country , to take the part of heathen men , that haue more conscience , that complaine not , for they know the wrongs which they had done our nation , and that captaine , for whose valiant iustice sake they vse our people better euer since . as for the feare of some one ship , if it were true , wee wey it not , sith the whole bodie of the turkie companie , on good deliberation , were secure , as men that knew , our lidgier at constantinople now shall find a readier eare to all complaints since that example taught them , that our nation can ( as farre as 't is ) stoppe vp the mouth that giues them sweetest sustinance . but , their commodities are vnnecessary , &c. he meanes not this , i hope , by indico and healthfull drugges , though callicoes , and silkes , and peraduenture spice be censured . the truth is , in strict tearmes of need , our land that flowes with foode and rayment may bee , without all other nations , but to bee well , to flourish and grow rich , wee must find vent for our abundance , and seeke to adorne vs out of others superfluities . so other marchants bring in wines , and sugars , currons , raisons , oyles and such like , that while we eat them , doe eat on vs , and so of manufactures wearing : but i shall shew you now a mystery of the east india marchants merit of the common-wealth , euen out of their vnnecessary wares . in any of their voyages , the common-wealth payes nothing for the victuals nor the wages of the men , nor for the worke of shippewrights , smiths , coopers , ropemakers , porters , lighter-men , &c. and such like infinite number of labourers which they haue continually in pay ; but hath the imployment of all these , and the keeping of many factors abroad , for the materials , out of which they rayse their shipping and prouisions , so that there rests to reckon vnto her , onely the stocke of marchandize and monie sent to barter . this stocke in two yeares doth not rise vnto the summe of that which yearely since the east india trade ( as i shall shew you by and by ) the kingdome saues , in the price onely , of the spice it spends , so that the common-wealth hath more then two for one , euen in the first returne for her aduenture . now then marke further , ouer and aboue that which was left to serue the land , from michaelmasse . vnto christmasse . there was exported of east india goods , out of the kingdome . as much in pepper , as at two shillings the pound amounted to — — . s — d cloues , as at foure shillings the pound amounted to — — — nutmegs , as at two shillings eight pence the pound amounted to — — — mace , as at six shillings the pound amounted to — — — in all — — so that by the east india marchants happie charge and industrie , besides the custome paid for it to the crowne , and the imployment of many shippes and marriners , in sending it abroad , into germanie , and the netherlands , france , spaine , italy , turkie , and other places , there was alreadie in fifteene moneths , out of foure sorts of spice onely ( not to speake of the indico , callicoes , china silkes , beniamin , aloes-socotrina , &c. then exported ) aboue two hundred thousand pounds sterling , added to the stocke of the common-wealth , to proceede for the inriching of the kingdome in the nature of cloth , lead , tinne , or any of our owne staple marchandize . which i hope was no vnnecessary commoditie . but you that read may iudge by this what great increase the common-wealth will haue , now the ioint stocke is setled , and are long , returnes by gods grace , to be look't for yearly of many ships with many hundred thousand pounds worth of spice , indico , callicoes , china and persia silkes both raw and wrought , and other marchandize , to serue our selues , and most partes of the world as wee beginne alreadie , and should more easily , if such busie men as this pamphletor would let the martchant doe it without noise . but what haue wée the cheaper ? i le shew you sir , and since i so began , in spices onely , which before our india trade , were often accidentally sold dearer much , but constantly , the lowest price . of pepper , was foure shillings the pound , at which rate , fifteene hundred bagges , containing foure hundred & fiftie thousand poūds , ( the smallest quantitie , that the kingdome yearely is esteemed to spend ) amounted to ninetie thousand pounds sterling . but since our trade , the highest price is but two shillings the pound , so that the kingdome saues in pepper yearely halfe , that is l. s. d. cloues , was eight shillings the pound , at which rate , two hundred hogsheads , cōtaining fiftie thousand pounds spent in the land ) amounted to twentie thousand pounds — but till the dutchmen interrupted that part of our trade , our greatest price was but foure shillings , so as the kingdome saued in cloues l. s. d. mace , was ten shillings the pound , at which rate one hundred hogsheads , cōtaining fifteene thousand pounds , the kingdomes spending came to seuen thousand and fiue hundred pounds — but we haue alreadie brought the price to sixe shillings the pound , and so the land , in mace saues yearely l. s. d. nutmegs , was fiue shillings the pound , at which rate , foure hundred barrels , containing one hundred thousand pounds , our yearely spending amount to twentie & fiue thousand pounds , but by our price of two shillings and eight pence for a pound , the kingdome saues . l. s. d. so that this trade in onely spice , doth yearely saue the land — l. s. d. and if ( as some perhaps for their particular aduantage of returning spices out of holland , would haue vs ) we should trust vnto the dutch , and leaue this trading for our selues , how soone the price would rise , you shall perceiue by this particular example . about some two yeares since , our marchants brought in a good quantitie of cloues , which to ship out againe , they sold wet-dryed for two shillings and eight pence the pound , and the dryed for foure shillings : but by our next ships failing , we were forced to fetch from amsterdam , where sodainely the dutchmen tooke the aduantage , so that wee could not get ( as all men know ) the very wet-dryed sold by vs so lately for two shillings and eight pence , vnder seuen shillings sterling for a pound . iudge then by this , how deare strangers would quickly make vs pay for all things , if we should giue this traffique ouer . but , looke into the price of uictualls , how that riseth through their great prouisions , &c. to which i answere , that no sober man can doubt , but that the mouths the east-india merchant sends to sea , would eate at home : but further , hee that is acquainted with the finding and the feeding men at sea , knowes well it would bee riches infinite vnto this land , and vnto euery priuate master of a familie , if men would wast no more in victualls here at home , then sea-men doe abroade , yet since hee sayes this is the poores complaint , in truth a poore one , it shall haue some further satisfaction . the greatest fleet that euer yet the companie set forth , was this last yeare . the charge whereof amounted to one hundred thousand pounds . in shipping and their furniture . l. s. d. victuals , imprest mony and other ordinarie and extraordinarie charges . l. s. d. natiue and forraine marchandize , and readie mony , sent to trade . l. s. d. more particularly this cargazon of thirtie and sixe thousand pounds , was : in bayes , kersies , and most broad clothes dyed and drest to the kingdomes best aduantage . l. s. d. lead , iron , and forraine marchandize . l. s. d. readie mony , in all the ships , but l. s. d. and it is worth the noting that this twelue thousand pounds , was scant one third part of that , which the companie paid that yeare for the kings custome , impost , and other duties , and not one third part of that which they paid marriners for wages : but for the victuall , that is thus prouided . the bread of corne sent for of purpose out of france . the drinke , all in a manner spanish wines and sider , little or no beere . the flesh is beefe and porke , proportion'd into ship-messes , and that onely but for three dayes of seuen in the weeke , and but for twentie moneths of thirtie , the other ten moneths , which proues often more , is prouided in india , or parts abroad . now then , if our obiector bee none of those , that rise vp early to follow drunkennesse , and continue vntill night , till the wine doe inflame them , &c. if he be free from seneca his foedissimum patrimoniorū exitium culnia : if he be no fucus , & piger , & vorax , no vnprofitable burdē , that cōsumes the good fruits of the earth , but labors not at all : yet in his best sobrietie and temperance , let him but consider his owne mouth , and he shall finde it iustlier to be blam'd for making victualls deare , then the prouision of the east-india voyage , and yet this mouth will not be stopt , but how . how now ? what monsieur transportation of treasure in the reare , among the baggage ? with the victualler of the campe ? you that heretofore haue serued so resolutely , before the king , before the parliament , at the councell table ; nay , almost euery table , now dying in a ditch ? alas sir , his deare brother in armes death of men , is runne away wounded to death by captaine newport : what would you haue him doe ? when hee saw , that the east-india companie , by the bookes of entrie with his maiesties officers , by their own books of accompts , besides a sodaine and secret searching of their ships , had manifested that they neuer in any yeare ( no not when they went to discouer what of our commodities would vent in those parts ) carryed nere so much , as his maiesties gracious letters pattents doth permit . when he found that some particular marchants of that companie , did at one time bring into the kingdome more siluer , then the whole companie together did at any time carrie out . when hee perceiued , notwithstanding , that the east-india marchant , to auoid all colour of scandall , did prouide , that forraine u coine , beyond the seas , with much hazard ( as lately at sandwich ) by bringing of it ouer in small pinkes , and paying dearer for it , then others , yea , strangers here at home doe buy it to steale ouer for want of their licence . when hee beheld , to his great grief , such daily increase of broad clothes dyed and dreft , with other marchandize , and such decrease of readie money , in the cargazon of stock they sent to traffique . when last of all , he heard for certaine of a factorie setled at iapan , and of such store of siluer there , as is not onely like to serue the trade in all those parts , but to returne perhaps some good part hither , what would you haue him doe , but hide his head ? and yet you heare , he holds his manly words , he talkes of murmuring and * charles the fifth . but sure , men will not murmure , when they know the truth , and would these hastie writers fill their braines a little better , ere they presse them , by reading the records of spaine and portugall , and better stories then hals chronicle for india matters , they might finde reasons , to make more reckoning of the east-india traffique then th'obiector doth ; the sole fruition whereof hath yeelded many millions yearely to those nations , and as they say themselues was worth more to that crowne , then the west-indies . i am sure the sweet thereof was such euen in the infancie , that x iohn the third of portugall , gaue to that charles the fifth he mentions , before his going into italie , three hundred and fiftie thousand duckats , onely not to interrupt his peoples then beginning trade with the moluccaes : which summe of mony , a few subiects in castile , did offer to repay ( on strange easie conditions ) rather then their emperour should sell the hope they had of wealth , from those rich countries . but i haue done , and now it may be mine author , that in his first page , cald himselfe , a fresh-water souldier , if he should chance to see the martiall order his obiections haue appeared in , might beleeue himselfe to bee some great commander , whereas the truth is hee was but a trumpet of defiance to the east-india marchant , according therefore to his dutie , i would send him back to take a view of all his falsehoods , scattered in the field , which i perswade my selfe , will shew him his ouerthrow was shamefull . at least , sir thomas smith , iudge what it may bee , if some able marchant vnder-take the argument , when so much hath beene said ( and more that comes too neare matter of state , secret of marchandize , hath beene omitted ) by your faithfull friend and kinsman , that wisheth well to trade and marchants . dudly digges . post-script to the reader . since hee that may dispose of mee , will haue these rough lines printed for your satisfaction , i that am neither ashamed of my loue to the east-india trade , nor the truth i haue written , must ( if but for fashion sake ) say somewhat vnto you ( ) reader . it may please you then to know , that the substance of this which you haue read , was taken out of custome-bookes , out of the east-india companies bookes , out of grocers , warehouse-keepers , marchants bookes , and conference with men of best experience . as for errors of pen or presse , you will either not marke them , or can mend them ; all i aske for my paines . and so i leaue you , to commend ( if you list ) piperi & scombris , that trades increase to packe vp fish , and this defence of trade to wrappe vp spice : a couple of inke-wasting toies indeed , that if my heartie wishes could haue wrought it , should haue seene no other light then the fire . so farre from the ambition of your acquaintance was d. d. notes, typically marginal, from the original text notes for div a -e * natiua generi humano pestis quae vepres nunquam desinit in alienis agris licet purgatissimi sint quaeritare . pet. mart. * quae non vult sic laudari-nec tali auxilio nec defensoribus istis — eget , &c. * their word was , si collidimur frangimur . east indies . . hen. . . elizabeth . . forbidding by proclamation the building with timber our ships are fain to take in the natiues of the indian countries to supply the wants of our dead sea-men to bring home their ship. the trades increase . captaine pemerton that escaping imprisonment at moha , iourneying in that vnknown countrie . miles by night , got to the sea-side and finding a small canow , made a saile of his shirt , and a mast of a stick , and so recouered the ships . by staying an armenian ship , wherin at least were some men bound to the indies , and commanding the port , hee drew from ther plaine dealing and made honorable conditions for the marchants . he encountered foure gallions , wherein might be some two thousand men ▪ wherein hee was his owne trade-caruer out of tenne hundred thousand pounds worth of goods . hall chron. an. hen. . the first obiection . answere . * with the expence of . poūds in discoueries onely . a with twice as many ships , as they need send for fishing . b at their charge it was first discouered , and by their great charge visceniers sent for , and our natiō taught to kill the whales . the second obiection . the answere . c as when lowest pepper eight shillings a pound , &c. d though not vnder foure shillings the pound for pepper , &c. e which when it w●s at best , imploied not passe . tun of shipping yearely . * as pepper . shillings the pound when dearest , &c. f of that which came home . alreadie . bagges of pepper , . of cloues ● . of nutmegs , &c. which imploi'd outward at least . tun of shipping & will fraight at least twice as much home . pag. . the third obiection . answere . * what worke would hee make , if wee should lose so much wealth , and so many men , in so lamentable a manner as the s. iohn or s. benoit , carrickes of portingal were cast away m at the tessel . yet the goods were safe . in going on land at gongomora in the island of s. laurence , contrarie to expresse instructions . the fourth obiection answered . * this ship hee saies came home by way of a wreck , is it not likely ? the fifth obiect ▪ answere . * how much is the whole kingdome bound vnto him for his care , not onely with infinite charge to keep his royal nauy in better state then euer , but to worke out wisely such addition of strength in shipping euen from his marchants ? the sixth obiection . answere . the seuenth obiection . answere . i know where in one corner of a countrie . tunne of timber must be spent vpon one marsh-worke , yet no man dreames of dearth . m they haue a stock of timber , trees and planke cut downe , and seasoning there , and as the old is fetched away , still new is prouided . n i am sure it is a great deale too seruiceable for the stranger . the eight obiection . * horace , lib. . epist. . answere ▪ o a poore naked king of p the goodliest countrie in the world , were it well inhabited . * . page . the ninth obiection . answere . whereas hee speakes of heathen mens bringing home our ships , it is a meere toy , for that they come as well to see our country , and not neere so many as wee leaue for thē . the cloue brought home the most , from lapan , yet not the fift part of the ships companie . the tenth obiection . answere . the eleuenth obiection . answere . the twelfth obiection . r captaine saris would haue m. pamphleter know , that he is not to learn the dutie of a sea-commander from any of the wise masters his informers . he saies his voyage was the longest , and hardest , and costliest , and yet wealthiest of any returned hitherto , and that hee brought home aboue . men besides . iaponeses for those left at iapan , where he obtained certainly ample and honourable priuileges for our nation . the . obiection . f this place is vnhealthie to our people , as time hath taught vs. so is scandarone in the months of iune , iulie , and august , to those that goe into the straights . we therefore change our factorie from bantam , where though some ( as captaine saris . yeares ) liue well , yet more haue died then in all our other factories , if wee reckon not them that die of the &c. women . the foureteenth obiection . answere . t sir thomas smiths house , where the companie entertaine and pay their men . the fifteenth obiection . answere . the sixteenth obiection . answere . the seuenteenth obiection . answere . this stock in the greatest yeare , was but . and the kingdome saues yearely in the price of pepper , cloues , mace and nutmegs- . pounds besides al other wares . the eighteēth obiection . answere the nineteenth obiection . answere . the twentieth obiection . answere . u it was euer the money of forraine nations , which they exported , and that which marchants brought in not our owne coyne . * out of halls chronicle . x by an agreement made at zaragosa . of aprill , proclamation anent petitoning [sic]. proclamations. - - scotland. privy council. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) proclamation anent petitoning [sic]. proclamations. - - scotland. privy council. william iii, king of england, - . sheet ([ ] p.) printed by the heirs and successors of andrew anderson, printer to the kings most excellent majesty edinburgh : anno dom. . dated at end: edinburgh the eighteen day of december, and of our reign the eleventh year . arms ; steele notation: faith; our be. reproduction of original in the folger shakespeare library, washington, d.c.. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- legal status, laws, etc. -- early works to . trading companies -- scotland -- early works to . broadsides -- scotland - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion wr honi soit qui mal y pense diev et mon droit royal blazon or coat of arms proclamation anent petitoning . william by the grace of god , king of great britain , france and ireland , defender of the faith ; to macers of our privy council messengers at arms , our sheriffs in that part conjunctly and severally specially constitute greeting ; forasmuch , as we , by our letter , under our royall hand , dated at kensingteun , the twelfth of december instant , have signified to the lords of our privy council , that whereas we are informed , that notwithstanding of our answer to the late petition of the councill generall of the company of that our kingdom , trading to affrica and the indies , which we think ought to have given intire satisfaction to all our good subjects ; yet there is on foot a design of addressing us of new , on the same heads , carryed on after such a manner , and with so little respect to our government , as gives us too just grounds to apprehend the consequences , that we have never hitherto denyed our subjects their just priviledges , nor will we ever discourage the liberty of petitioning , when the same is done in ane orderly and dutiful manner , but that having fully declared our mind , as to the subject of the last addresse , we cannot but take particular notice of that unusual method that is taken to procure subscriptions to ane new one , and that some persons , who signalize themselves in carrying on the same , have given no evidence of their good affection to our government . and make it their indeavour to lodge the late misfortune of the company , on proclamations emitted in the west indies , tho they cannot but be sensible , that the same did proceed from other causes . and being convinced , that such practises may tend to alienat from us the hearts of our good subjects , and that it is necessar , for the support of our government , and preserving the publick peace of the nation , that they be discouraged and prevented , we did therefore recomend to the saids lords of our privy council , to signifie and make known our displeasure , and dis-satisfaction with such proceedings , and to take the most effectuall methods consistent with law , for discouraging the same : and for preventing these that are well inclined to our government , from joyning with them , wherefore , we , with advice of the lords of our privy councill , have thought fit , that publick intimation be made in manner underwritten , of our displeasure , and dis-satisfation with the foresaid proceedings , and that we will take the most effectuall methods consistent with law , for discouraging the same , and for preventing these that are well inclined to our goverment from joyning with them , our will is herefore , and we charge you strictly , and command , that incontinent these our letters seen , ye pass to the mercat cross of edinburgh , and remanent mercat crosses of the whole head burghs , of the severall shires , and stewartries within this kingdom , and thereat in our name and authority , by open proclamation make intimation of the premisses , that none pretent ignorance . and ordains our sollicitor to transmitt coppies to the sheriffs , stewarts and their clerks for that effect . and ordains these presents to be printed . given under our signet at edinburgh the eighteen day of december , and of our reign the eleventh year . ex deliberation dominorum secreti concilii . gilb . eliot . cls. sti. concilii . god save the king. edinburgh , printed by the heirs and successors of andrew anderson , printer to the king 's most excellent majesty , anno dom. . a discourse concerning trade, and that in particular of the east-indies wherein several weighty propositions are fully discussed, and the state of the east-india company is faithfully stated. child, josiah, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : or : ) a discourse concerning trade, and that in particular of the east-indies wherein several weighty propositions are fully discussed, and the state of the east-india company is faithfully stated. child, josiah, sir, - . p. printed and sold by andrew sowle ..., london : . caption title. attributed to josiah child. cf. bm. imprint from colophon. an abstract of: a treatise wherein is demonstrated, i. that the east-india trade is the most national of all foreign trades / j. child. london, ; and, a supplement, , to a former treatise, concerning the east-india trade / by an anonymous abstracter, who describes himself (p. ) as "no east-india merchant, nor in any way concerned with the company." london, . this item appears at reel : as wing c (number cancelled in wing cd-rom, ), and at reel : as wing ( nd ed.) d . reproduction of original in columbia university library and yale university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- history. great britain -- commerce -- india. india -- commerce -- great britain. great britain -- commercial policy. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse concerning trade and that in particular of the east-indies . wherein several weighty propositions are fully discussed , and the state of the east-india company is faithfully stated . the author craves leave in the first place , to present the reader with some g●●neral opinions concerning ●rade , which experience hath recommended to th● approbation of the most iudicious . . that trading merchants , while they are in the busie and eager prosecu●tion of their particular trades , although they be very wise and good men , are not al●ways the best iudges of trade , as it relates to the profit or power of a kingdom . th● reason may be , because their eyes are so continually fixt , and their minds intent upo● what makes for their peculiar gain or loss , that they have not leisure to expatiate , or tu●● their thoughts to what is most advantagious to the kingdom in general . the like ma● be said of all shop-keepers , and other trades-men , until they leave off their trades and by the purchase of lands , become of the same common interest with most of thei● country-men . . upon the same reason , a mixt assembly of noble men , gentle-men and merchants , are the best constitution for the making rules , orders and by-laws , for the carrying on any trade for the publick utility of the kingdom . . that all trade , domestick or forreign , that doth not in the result , increase the value o● land , ought to be totally rejected . . that all monopolies are destructive to trade , and obstruct the increase of the value of our lands , and that therefore , if there be any thing in any charter of incorporate● ●●●chants , that hinders any of their majesties subjects from coming into that trade , 〈◊〉 as good terms as others did , or yet may , it is fit that such bars should be removed . . that if all strangers had free liberty to enter into any of our incorporated forreign ●rades , as is practised by the dutch , it would greatly increase our trade , and improve 〈◊〉 value of land. . that those narrow clauses in the turkey companies , and other charters , which limit 〈◊〉 traders to be free-men of london , and not to be shop-keepers , &c. and the practice of 〈◊〉 no man to be free of the turk●y company under l. if he he under years of 〈◊〉 ; or l. if above , are to the prejudice of the nation in general . . the dutch , nationally speaking , are the wisest people now extant , for the 〈◊〉 and carrying on their trades for the publick advantage of their country . . that the dominion of the sea can never be retained , preserved and maintained , but 〈◊〉 the excess and predominency of forreign trade . . that dom●stick and forreign trade ( as also land ) do wax and wain together . . that silver and gold , coined , or uncoined , tho● they are used for a measure of all ●●her things , are no less a commodity then wine , oyl , tobacco , cloth or stuffs , and may 〈◊〉 many cases be exported as much to national advantage as any other commodity . . that no nation can be considerable in trade that prohibits the exportation of ●ullion . . that it is more for the publick advantage to export gold or silver , coined than 〈◊〉 ; for by the former we gain the manufa●ture . . that whatever nation hath the lowest interest , will certainly have their lands in ●ighest esteem and price : and no nation shall ever over-match the dutch in trade , till they mate them in the rate of interest money . . that the dutch gain more by exportation of bullion and forreign commodities ●●an by all their own native productions and manufactures . . that when ever wise and great nations , having different interests , and various forms of government , do yet conspire in the same means to accomplish the same ends , of profit , power and honour , they are to be concluded nearer the right way to those ends , ●hen the wisest and best private men living , who hold contrary opinions , swayed by personal profit o● loss , pique or prejudice . . that there is just as much need of companies of merchants in england as in holland , and no more . the dutch have no companies of merchants , but those of the east and west-indies , and those in joynt stocks , protected and defended by the laws of the provinces , which are of the same force as acts of parliament with us . . that there is a necessity of a joynt stock in all forreign trade , where the trade must be maintained by force and fo●●s on the land , and where the king cannot conveniently maintain an amity and correspondence by ambassadors , and not elsewhere . to proceed , the propositions intended to be handled , follow first , that the east-india trade is the most national of all forreign trades . which is thus proved , ( viz. ) . what the dutch , french , danes , portugals , and which not long since the swedes , and now the duke of brandenburgh , have with so great charge an● expence attempted , and hedged about with laws and encouragements , must certainly b● matter of the greatest national consequence . . this trade imploys more great war-like english ships from to guns , the● all the trades of the world from england besides . . this trade alone furnishes us with salt-petre , a most necessary commodity . . above four fifth parts of the commodities imported by this trade , are again ex●ported , to the vast encrease of navigation ; by the returns of which , more than treble the bullion is imported that was first exported to india . . if the 〈…〉 the east-indies were not in english hands , the east-india commodities would come in from holland , and that with this di●ference , that we should pay as much for pepper now sold for d. the pound , as for nutmegs , cl●ves , m●●e , cinnamon ▪ which is from s. to s. per pound , which tho' cheaper at the places of their growth , the dutch enhaunse by having the sole trade for them ; this saves the kingdom in that respect only ● l. per annum . . this trade doth more work upon the manufactures of our neighbours , than any other forreign trade ; and whatever weakens them , enriches and strengthens england ▪ it is reasonably computed , that italy , france , holland , flanders , &c. ( the staple countries for silks and fine linnens ) by the importation of east-india silks and callicoes , not only into england , but from thence into those countries , are abated in those fine manufacture● above a million of pounds sterling per annum . . it is thought that above families in england are employed in silk-broa●● weaving , tho' that trade began here but about the beginning of king charles the first in a few years more this nation may be treble the number in such manufactures , since 〈◊〉 east-india company bring r●w silk cheaper then it can be afforded in turkey , fran●● ▪ spain , or any other place where it is made , and do serve holland , flanders , and som● other markets from england . . this trade pays the king l. per annum custom , and carries out yearly o● l. in lead , ti●n , cloth ▪ stuffs , &c. of our own production and manufacture , which would not be sent at all , if england were deprived of this trade , because neither dutch nor french would enure the indians to our manufactures . the second proposition , that the clamours , aspersions , and objections made against the present east-india company , are sinister , selfish , or groundless . object . . some of the turkey merchants say , the bringing in of so much silk , and so cheap , is a publick ●usance ▪ and destroys their trade , which depends wholly upon the exportation of woollen manufacture , whereas the east-india company send out little manufacture , and much bullion , &c. answ. . 't is strange doctrine to men skilled in trade , that the making a material 〈◊〉 , that is to be manufactured at home , or exported again into foreign countries , 〈◊〉 be to the publick damage . . the turkey merchants have shipt out more cloth yearly , since the great encrease of 〈◊〉 east-india trade than before . . the question is not , which company sends out most woollen manufactures , but which is 〈◊〉 most profitable trade to the nation , and that is before shewn . . if the exportation of bullion hinders not the exportation of our manufactures , as in 〈◊〉 appears : and if for every s. value sent out , s. be brought in bullion at the long 〈◊〉 , which is evident in the course of the east-india trade , then the exportation of bullion 〈◊〉 a great and real advantage . . the turkey merchants do send out a great deal of bullion themselves , which is no 〈◊〉 , but their complaining of others for the same thing is . · the truth of the case , at the bottom , is but this ; the importation of better and ●●eaper raw silk from india ▪ may touch some turkey merchants profit at present , tho' it ●enefits the kingdom , and ●in●ers not the exportation of cloth : what then ? must one ●rade be interrupted because it works upon another ? at that rate there would be no●●ing but confusion in a nation ad infinitum , our plantation sugars have brought down ●●e lisbon sugars within memory of m●n , from l. per centum , to l. s. per centum , ●nd yet the exportation of our woollen manufactures to portugal , is now greater then ●ver it was : just as 't is and will prove in the turkey trade . . if those turkey merchants think the east-india trade so good , why do they not ●ome into it themselves ? the door is open always to them , and all the king's subjects . object . . they say there are not above legitimate merchants in the east-india company . answ. by legitimate merchants they mean such as have served apprenticeships ; in the ●umber thereof , they reckon short above half . . it matters not two straws to the kingdom , whether they be legitimate or illegitimate ; ●hey are in the whole , which is mo●e by a great many than the turkey merchants , 〈◊〉 more by above half than they would be , if the trade were not managed in a joynt ●●ock . object . . they say the company have half the known world in their charter , and that 's 〈◊〉 much for any company , &c. answ. . they have no more in their charter than all the east-india companies in christendom have in their charters . . the company is a company of all , or of so many of the king's subjects as desired to ●e concerned in that trade , or yet do , they buying stock . object . but 't is dear buying at l. per cent. answ. . 't is less then the intrinsi●k value , if the stock were now to be broke up . . if it be too dear , any man may be as justly compell●d to sell his house at the buyers ●rice , or else be disseized of ●t , as his stock in the company . object . . they say the charter hath exorbitant and illegal clauses in it . answ. . no charter in europe hath less of that kind . . 't is absolutely nece●sary , that whoever governs a trade so remote , and by such a multitude of hands as are employed , should have some extraordinary power committed ●o them . . wh●tever is in the charter , the company never did any arbitrary acts , nor ever seized shi●s or goods by vertue of their charter , tho they have o●ten had cause . object . . they say the company have imp●●●d and exacted great fines , mulcts and forfeitures to an immense value . answ. what they take in any case , is by submission of the party , by agreement with the master and owners in charter-party , or by arbitrations , and always in pursuance of legal obligations , sealed and delivered . it is highly reasonable , the company being at above l. yearly charge in india and england , that whoever participates of the trade , should proportionably contribute to the expences that neces●arily attend the preservation of it . object . . they say , besi●e● raw silks , the company imports wrought silk , to the prejudice of the silk manufacture in england . answ. . this lies as much and more against all other wrought silks imported into england from italy , holland , &c. . the silks which they commonly bring in , are the main part of them taffaties , and other plain or striped silks , such as are not usually made in england , but imported from france , italy , holland . so this importation work ▪ upon our neighbours . . a great part of the wrought silk● imported by the company , are again shipt out to france , holland , &c. to the great advantage of the king and kingdom . object . . some clothiers complain that the east-india company hind●rs the vent of cloth. answ. . this deserves a thorow inspection : . who they are that complained ? . when and how they began to complain ? . why , they complain ? st . for the time , when , it was in the year , or , then they had the confidence to tell the parliament , the company would spoil the trade of cloth , and bring the price of wool to nothing . but in fact , the company hath now stood five or six years since that time , and much augmented their trade for india , but wool is advanced in price above per centum , and there hath been such a trade for wooll●n manufactures , as england never saw in any former age . . who they were that complained ? not the poor kentish clothiers , that have lost their trade ; nor the suffolk men , that have lost their manufacture of bl●w cloth , but the worcester , glocester , and somerset-shire men , that do now make and vend above twenty times the cloth they did before this company was erected . dly . how they began to complain ? their first petition was drawn only against the turkey company , for making but one cloth shiping in a year : but a certain counsel ( since famous for other matters ) told them , they should draw their petition against the e●st-india company likewise , which they did ; whether the dutch or some of england gave the best fees is uncertain . . why they complained : that few understood : their trade was wonderfully encreased , and the east-india company had sent out in some one year above ten times as much cloth as was ever sent out in the time of open trade . object . . they complain th●t the pr●sent stock is engrossed into a few hands , some single adventurers having or l. principal stock in their own names . answ. . if true , the complaint of it wou●d ●ound better out of the mouth of an old leveller , than a merchants . none ever pretended to 〈◊〉 , much less to level personal estates , which if they could be made even at noon , world be unequal before night . . the dutch think whoever 〈◊〉 m●st in their joint stocks , doth most oblige the common-wealth , tho' he 〈…〉 , insomuch as one swasso a iew had at one time in their east-india stock above the value of l. sterling . . the more any adventurer hath in the stock , the more he is engaged to study and promote the good of it . . notwithstanding the largeness of any of the adventurers stocks , there are yet adventurers , which is a greater number than are to be found in any trade that hath not a joynt stock . object . . there are many other ports , and places within the limits of the companies , barter , where english commodities would vend , which the company do not trade unto . answ. . there can never be any society , that will more industriously expatiate and 〈◊〉 trade in those parts of the world , then this hath done , by all peacable means . l. ●ill not excuse them for the losses sustained in such attempts . . in india , a factory at surrat will share in all the trades of the red sea , as well as 〈◊〉 , and other parts within the correspondency of that presidency ; the same may be said of ●antam and many other places as well as surrat . . in very many places of india , where the company do not settle factories , they carry 〈◊〉 a trade by natives . object . . it is said , if the company were not in a ioynt stock , many more ships might be ●mployed in india , from one port to another , in trading voyages . answ. . the company want neither stock , nor skill , or will , to employ as many ships 〈◊〉 they can gain by , and have almost doubled the quantity of their stock and tunnage wit●●n ten years . . the company have now twenty five ships and vessels trading in the east-indies from port to port , besides the eleven great ships sent out last year , which are abundantly enough to answer all the companies occasions of that kind . obiect . . that since the east-india company was incorporated , co●nage hath abated in england . answ. this a meer groundles chimaera , and will appear so , if the old mint-master , as well 〈◊〉 the new ones , be examined . the d proposition , that since the discovery of the east-indies , the dominion of the sea depends much upon the wain or increase of that trade , and consequently the security of the liberty , property and protestant religion of this kingdom . the first part of this proposition is meerly historical , and the proof of it will require little pains , to all that look beyond the present age ; while the spanyards had portugal , and with it the trade of india , they were able to invade england , with a navy , by them called invincible , and so it was , as to mans understanding . the dutch since the protugals sunk in the indies , have grown ●o potent , in and by ●hat trade , that they have contended with us for the dominion of the seas , and if through the folly or madness of a few unthinking or self interested men , we should deprive our selves of the east-india trade , we should certainly save them the experiment of fighting with us again for it ; they would carry the dominion of the sea ●lear , and hold it for ever ; or until their common-wealth should be destroyed by land force , or intestine broils . if we should throw off the east-india trade , the dutch would soon treble their strength and power in ●ndia , and would b●●ome sole masters of all those rich and necessary commodities of the east ; and make the european world pay five times more for them , than now they do , which would so vastly encrease their riches , as to render them irresistible . if they have trade and money they will never want men , seamen are inhabitants of the vniverse , and where ever they are bred , will resort to the best pay and most constant e●●ployment . and further all other forreign trade in europe doth greatly depend upon east-india com●modities , and if we loose the importation of them , we shall soo● abate in all our othe● forreign trade and navigation ; and the dutch will more then proportionably encrease theirs : and the augmentation of their r●ches would further enable them to overballanc● us , and all others in trade , as well as in naval strength . as to the second part of the proposition ▪ can any man that looks abroad into the world doubt of the truth of that obser●ation ( viz. ) that trade never thrives in any country that is not protestant . since queen eliza●●th's time our customs are increased from l. per annum , to above l. per annum . i● it not evident that the dutch since their being protestant , are increased m●r● in trade and wealth in one hundred years , then the ancient and fortunate romans did in four hundred years , after the foundation of their flourishing common-wealth ? h●ve not the french since they were part protestants and part papists increased more in trade and shiping in one hundred years , th●● they did in five hundred years before ? a naval power never affrights us , seamen never did nor never will destroy the liberty o● their own country ▪ they naturally hate slavery , because they see so much of the misery of it in other countries : all tyrannies in the world are supported by land armies : no absolute princes have great navies or great trades , very few of them can match that little town of hamburgh in shiping . who do we fear may destroy our liberty , property and religion , but the papists and the french , and so we should have found it ▪ i● god almighty had not disappointed them . now , under god's providence , what can best secure us from them , but our naval strength , and what doth especially increase , and support that , but our east-india trade . if this be here proved to the conviction of unbyassed english men , the consequence in this proposition is most natural and irrefragable . the fourth proposition , that the trade of the east-indies cannot be carried on to national a●vantage , by a regulated company , or in any other way then by a joynt stock , which are proved by the following arguments . argu. . the practise and experience of all other nations shews this . if it be objected , this argument will not ●old universally , for the portugals have a trade for east-india , and 〈◊〉 have no joynt stock . 't is answered , there is a joynt stock for this trade in portugal , but that is the king's exch●quer , who reserves to himself all considerable india commodities , and leaves only to his subjects those that are tri●i●l : that trade dwindled to nothing , when it came to be confronted and out-done by the more national and better constituted joynt stocks of england and holland . argu. . our east-india company have now their money at per cent interest : others that trade in an open or regulated trade , 〈◊〉 value their money at per cent . now i● the company , with their united stock and counsels , and money at ● per cent ▪ have much ado to hold up against the subtil dutch , what shall poor private m●●ch●●ts of divided , various and contrary interests do , with their little seperate stocks , at per cent per annum ? arg. . in regard that all other europian nations do now drive the east-india trade i● ●oynt stocks , it seems madness to enter raw and private persons , against such compacted and united constitutions of experienced counsellors , suppo●ted with an inexhaustible treasure . arg. . should the company be destroyed , and the trade left open , their priviledges in india would be lost , which have cost vast sums to maintain and retrive , some whereof are these ( viz. ) the liberty of coinage , and their money p●ssi●g current in all the king of gulconda● s country . freedom of customs in almost all places , and in some where the dutch and other nations pay custom . at fort st g●orge , and bombay , the company ha●● a right , and d●th impose a custom upon the natives , and all other nations . in the empire of persia they are custom free , and have yearly from the emp●ror aovbe l. in lieu of the half custom of his own subje●ts , and all others trading thither . at bant●m they are at a set rate of dollars per annum , for all customs , tho' trade be never so much increased . they are in most places of india , in effect their own law-makers , and can arrest and impris●n any natives that deal with them , or owe th●● money . all their black servants , and others employed by them , or tradi●g with them , are free and exempted from the iurisdiction of the native , and other governours . they are in all places free in their persons and goods , from all ●nland customs and duties , which are very great upon the natives . arg. . this nation sustained great losses , damages and depredations in the three years of open trade , so that at length the very private traders themselves , were the forwardest petitioners for a return to a joynt stock . arg. . there are above kings and absolute princes in india , and as many ports and places of trade , which would need forty ambassadors , and 〈◊〉 must have instructions , and carry large presents . arg. . letters pass freely to and from turkey in a short time , and in case of injuries done , the king's men of war may soon go and revenge them ; but india is at a far greater distance , and no certain return of a letter to be h●d once in twelve moneths and it is more difficult to maintain a correspondence in india , from port to port , then between england and turkey . arg. . where-ever the english settle a factory , they must presently build them large houses , ware-hous●s , &c. and take many servants , &c. if it be said , this may be done by a regulated company . it is answered , first , how shall they raise a stock to buy those the company already have , which , with what else they have there , have cost them above l. next , how shall they maintain and defend them ? by levia●ions upon goods . what ? before there are any goods to tax : no , they shall raise a joynt stock , to make the first pur●hase ▪ and after take only a tax upon goods to maintain them . these are absurd , incongru●us and 〈◊〉 practicable notions . for in a time of war & danger , men will forbear trading ; so that there will ●e no goods to tax when there is most need of money . whereas the gove●nours or committees ▪ 〈◊〉 alwa●s in their hands a real fond of above a million of money , an● can borrow so much more in india , in a few days , if they want it , their credit there ▪ being as current 〈◊〉 ready gol● . arg. . the east-india 〈◊〉 ( a● have that of holland ) have power by their charter to make war upon any nation in india at d●●●retion : this power they must have for carrying on of their trad● . now to whom shall this power be delegated in a reg●l●ted company ? to all english men , or to a single ambassador , or to many ambassadors and consuls ? the fifth proposition , that the east-india trade more profitable and necessary to the kingdom of england than to any other kingdom or nation in europe . . this is so , as we are an island , and have our security , as well as the increase of o● riches from our trade and strength at sea. . the trade of india is to england not only a great but an unmixt advantage : wher● as to our neighbours , they cannot have it without some mixture of loss in other respect● some of them having the production of silk among themselves , as italy and france . an● they have the sole manufacture of plain silks , such as tassati●s ▪ sarc●ne●s . &c. which ar● brought from india cheaper than they can make at home . holland , flanders and franc● in some measure , have the principal manufactures , in fine linnens , cambrick●s , 〈◊〉 and hollands , which only callico works upon , to the putting them very much out o● request , even in their own countries : whereas callico doth not much prejudice ou● strong course sorts of linnen made in england . neither is our linnen manufacture a mat●ter worth the taking notice of ( whatever some men think ) but in holland , flanders ▪ france and some parts of germany , 't is their main concern , being the subsistance of the maj●rit● of their people , as the woollen manufacture is in england . . the dutch have a standing contract with the king of persia for all his silk , now in re●gard bengal silk can be brought cheaper then that , the dutch by bringing silk from bengal must prejudice that contract in the price of silk : whereas we having no such contract in persia , do not work upon our selves , as they of necessity must , and yet they are wiser th●● to slight the trade of bengal for that cause . for a conclusion , to shew present and future ages in what a condition the english east-india trade stood , when the company was assaulted by the private designs of particular men , the following account of the present posture of their affairs in , is added ( viz. ) the last year they sent out ( which are not yet returned ) for the coast of cormandel , and the bay of bengall , four three deck ships , the least whereof was burden tuns . for surrat and the coast of india , three deck ships , the least thereof burden tuns . for bantam ships , each tuns . for the south seas , and china ships , one tuns , the other . and in all of them the stock of l. s. d. this year ( ) they are sending out for the coast of cormandel and the bay of bengall , three deck ships , the least thereof . tuns . for surrat and the coast of india , ships , the least thereof tuns . for bantam ships , two of them tuns a peece , the third tuns . and for the south seas and china one other great ship. and in all of them the stock of above l. note , that the company employ none but english built ships , and besides what they sent out last year , and are sending this , they have alwayes a considerable stock left in the country , to make and provide goods before-hand . it is believed that the dutch to have this company destroyed , would give a million of ●ou●ds sterling , and that i● they should give two millions , they would have too good a bar●ain of it . all that is hitherto wrote , is onely an abstract of a most elaborate and judicious treatise pub●●shed in the year , it is brought into this narrow compass for the better information of english men , many of whom have not disposition or leisure to peruse long tracts , especially where they ●steem themselves not concerned . the time when that treatise was printed and published doth demonstrate , that it was not calculated for the present conjuncture . the reader hath here under written , an abreviation of a supplement to that treatise printed and published this present year , which will inform him of the present posture and circumstances of the east-india companies affaires . about the year , the company had raised the english navigation and power in india much beyond what it was in any former age : but soon after that destructive trade of the interlopers beginning , the dutch took the advantag● of that confusion to surprize bantam : which troubles falling together upon the company , and soon after a general failure of credit in all publick funds , caused many adventurers to sell their stocks . whether under all the afore-said pressures the company behaved themselves like true english men and lovers of their country ▪ will appear by a narrative of what they have done since the publishing the treatise in , and what now is the present state of the english interest in india . the company have built within th●se seven years past new great ships besides many more sma●●er one● now in th●ir 〈◊〉 , these ships , except one which carries but guns , may carry 〈…〉 . all of them ex●ept one , are three d●ck ships , and are of burden , from to tuns each . within the said seven years ( the company having lost banta● ) they have built , fortif●e● , and garrisoned three forts in several parts of india for security of the pepper trade , wh●ch h●ve and will cost them l. st●rli●g . the company have now at sea , in india , and coming from thence ianuary the last , . the following ships ( viz. ) fifteen ships consigned to bombay and the coast of india , their cargoes amounting to about l. sterling . thirteen ships consigned to fort st george , &c. on the coast of choromandel , and to the bay of bengall , their cargoes amounting to near l. sterling . and seven ships 〈…〉 , their cargoes amounting to near l. besides about thirty other armed small ships and vessels , constantly remaining in the country . the company have now upon their hands in england unsold , above the value of l. in east-india goods , whereas they do not know of l. value unsold in any other european companies hands , except the dutch spice . they have within seven years so enlarged and 〈◊〉 the fort of st george , and their city of madrass , that it is now one of the finest and largest cities in those parts of the world , containing at least one hundred thousand families of all nations , all subject to such laws for life and goods , as the company by vertue of their charter think ●it to impose upon them . the customs and new imp●st paid the king for two years , from august , to august , amounted to l. ● s. d. since the wars in india it has been less , but now the wars are over , the customs are like to be more yearly then they were in either of those two years . the company have built new forts in their island of bombay , and ordered a dry dock to be built there , and all other conveniencies for repairing and fitting the bigest english ships which was the principal want the nation under went for some ages . and , which is the most considerable national advantage that ever was attempted there the company have reduced the principal part of their trade of surrat to their own island o● bombay , the inhabitants whereof from four thousand families , when the company first po●●sessed that island , are encreased to fifty thousand families , all subject to the companie● laws ; and that island lying upon the north coast of india near surrat , the emporium o● the india trade to arabia , persia , busserab ▪ and the red sea , is of inestimable value to this kingdom . this island hath cost the company in fortifying , garrisoning , &c. at times above l. and never produced any return , nor would have been of use to england , if the trade had not been brought thither . this transition from surrat to bombay could never have been done without a war , to make this war upon so great a prince as the mogul , was vulgarly thought a vain or rather distracted attempt in the company ; yet by god's blessing upon their arms , that war ( the charge whereof cannot be computed at less then l. ) has ended to the eternal honour of our nation and a peace concluded upon such honourable articles , that if a blanck had been delivered to the company in england to write down their own terms , they would not have desired more than is granted by the articles , the ratifications whereof from the mogul himself in the persian language , are now brought home . the abstracter of the foregoing treatise , is no east-india merchant , nor any way concerned with the company ; neither is he engaged in this work by any of them , but , being a great lover of his native country , he should be much grieved to see england l●sser in naval power and trade , then any of our neighbours ; whether they be our best friends , or our most dangerous enemies : and therefore , being wonderfully convinced , upon the reading the aforesaid treatise , he thought it pitty that every good english man should not be enlightned in this foreign affair , as well as himself , who had formerly entertained as great prejudices against the east-india company , as most other men ; and possibly through ignorance , he may in his discourses , have done them some disservice , which he is sorry for : and therefore , hath contracted the aforesaid treatise into this narrow compass , that the knowledge of the matters here discussed may spread the fu●ther , to the conviction of , such who are not byassed by private interest , but have been imposed upon by loud clamour and a bold misrepresentation of things . for the new question ; whether the company should exercise martial law , in the government of their colonies in indi● ? no man in his wits will make a doubt thereof 〈◊〉 hath read that faithful , pleasant and profitable history of purchas his pilgrims , the first p●rt , printed in the year . wherein by the course of the history he will find that martial law is more necessary in india , than bread is to the support of mans life ; and that 〈◊〉 east-india company had constantly commissions from the crown for that purpose in the blesse● time of quen elizabeth , and during all the peaceable reign of king iames the first . june the th . london , printed and sold by andrew sowle at the crocked-billet in holloway-lane in shoreditch ; and at the three keys in nags-head-court , in grace-church-street , over against the conduit , , . a supplement, to a former treatise concerning the east-india trade, printed . child, josiah, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a supplement, to a former treatise concerning the east-india trade, printed . child, josiah, sir, - . child, josiah, sir, - . treatise wherein is demonstrated i. that the east india trade is the most national of all foreign trades. p. s.n., [s.l. : ] reproduction of original in huntington library. attributed to sir josiah child. cf. nuc pre- . caption title. this is a supplement to the east-india trade treaty of . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a supplement , . to a former treatise , concerning the east-india trade , printed . that the foregoing treatise was not calculated for the present conjuncture , the time when it was printed , and published , will sufficiently demonstrate ; but that which is at one time truly writ on any subject , is of use in all times . at that time , viz. about . this company had raised the english navigation and power in india , much beyond what it was in any former age , as appears towards the end of the said treatise : but soon after that destructive trade of the english interlopers in india beginning , the dutch took the advantage of that confusion , and those civil broyles between the english , to surprize bantam . which troubles falling together upon the company , and soon after a general failure of credit in all publick funds , caused very many adventurers to sell their stocks , and was sufficient to have discouraged any men , not supported with the inward satisfaction , that it was their duty towards god and their country , couragiously to assert and defend ( according to their trust ) the english dominion and interest in india , as it was establish'd in a joint-stock , exclusive to all others , which it must ever be , and strengthened with the same powers and authorities , as the dutch east-india company have from their soveraigns , or else it will fall an unretrievable victim between the dutch and french , to the irreparable loss of england , and consequently the very great abatement of the value of our english lands . these considerations inculcated to the then committees , ( not any private interest of their own ) engaged their publick and well prepared minds , not to despair of the good of their countrey , but to expose their whole stock to hazard , for recovery of the pepper trade to england , which was thought to be lost upon the surprize of bantam , and to recover by armes from the great mogul , and other indian princes satisfaction for dammages received , and also those inestimable priviledges they had deprived the english of , in those interloping times , when they saw the nation in india divided , and contending among themselves , like guelphs and gibelines , under the distinction of the old and the new company ; which latter appellation the interlopers assumed to themselves , and under that name made contracts of commerce and alliances with princes and governours in india , without any authority from their soveraign , which our law accounts a crime of a high nature , and which is in it self by the experience and confession of all men , of most destructive consequence , to any kingdom or commonwealth trading to the east-indies . whether those generous resolutions were well or wisely pursued by the committee , and whether under all the aforesaid pressures , they have behaved themselves like true englishmen and lovers of their countrey , will best appear by a brief , plain , and true narrative of what they have done , since the publishing of the aforesaid treatise ; and what now is the present state of the english interest in india . the company have built within these seven years past , the following new great ships ; not to mention many more smaller ones , now in their service , ( viz. ) the old defence . resolution . rochester . beaufort . royal charles . royal iames. princess of denmark . modena . new berkeley castle . royal iames and mary . new defence . benjamin . one new building on the stocks . chandois . herbert . kempthorne . note . that all these sixteen ships ( except the old defence that was stranded in the river of thames ) are still in being , and may carry each from sixty to eighty guns except the benjamin , that has now but thirty guns , and six pedereroes . . all of them except the benjamin are three-deck't ships , and are of burthen according to the kings tonnage , from nine-hundred to one thousand three hundred tons each . . the three last , viz. chandois , herbert and kempthorne , were built for the turkey trade , but those freights not bearing the charge of such great ships , they were at their owners requests taken in , and are now all in the east-india companies service . within the aforesaid term of seven years , ( the company having lost bantam where they had no fort , but onely a large factory , to secure their pepper trade ; by means of which defect it was the easilier lost ) the company have built , fortified and garrisoned three forts in several parts of india , for security of the pepper trade , so necessary to this kingdom ; which three forts , to fix and render tenable and serviceable , have and will cost the company viis & modis four hundred thousand pound sterling . the company have now at sea , in india , and coming from thence , this last day of ianuary , / . the following ships and cargoes , viz.   tons guns seamen soldiers the prudent mary , let for carryng and new london modena tonqueen merchant charles the second caesar royal iames & mary iosia , alias society shrewsbury diana kempthorne permission ships .   tuns , guns . seamen . soldiers . worcester frigat bawdon ionas frigat iohn and mary these fifteen ships beforementioned , consign'd to bombay and the coast of india , their cargoes amounting to above three hundred and sixty thousand pounds sterling .   tuns . guns . seamen . soldiers . the rochester let for carrying and nathaniel bengal merchant williamson resolution princess of denmark new defence permission ships . rebecca curiana loyal captain iames anne dorothy these thirteen ships afore-mentioned , were consigned to fort st. george , &c. on the coast of choromandel , and to the bay of bengal , their cargoes amounting to near five hundred and seventy thousand pounds sterling .   tuns . guns . seamen . soldiers . the dragon let for carrying royal iames new berkeley castle rainbow persia merchant permission ships . loyal merchant mary these seven ships before-mentioned were consigned to china and the south seas , their cargoes amounting to near one hundred thousand pounds . besides about thirty other armed small ships and vessels , constantly remaining in the countrey . the company have now upon their hands in england unsold , above the value of seven hundred thousand pounds in east-india goods , for the supply of this and foreign nations , whereas they do not know of fifty thousand pound value of east-india goods in europe unsold , in any other european companies hands , except the dutch spice , of which they always keep great stores , having in the last age secured that trade intirely to themselves . the company have within the said seven years last past , so enlarged , and fortified the english fort of st. george and their city of madrass , upon the coast of choromandel ; that it is now one of the finest , and largest cities in those parts of the world , and secured by a good garrison , and containing at least one hundred thousand families of all nations , which inhabit within that city , and the territory about it , all subject to such laws for life and goods , as the company by vertue of their charter think fit to impose upon them . the customes and new impost paid his majesty by the company for two years , from august , . to august , . amounted to two hundred fifty five thousand three hundred twenty six pounds , ten shillings and one penny , as by particulars presented his late majesty . since the wars in india , it hath been less , by reason of those wars , but now the wars are over the companies customs are like to be more yearly , then they were in either of the two years before-mentioned . the company have built new forts in , and otherwise strengthened their island of bombay , and have ordered a dry dock to be built there , which they hope may be finisht by this time , and all other conveniences for repairing and fitting the biggest english ships , and sent thither all stores needful for such purposes : which dry dock was the principal want , the english nation underwent for some ages before . and which is the most considerable national advantage , that ever was attempted by englishmen in those parts of the world , the company have reduced the principal part of their trade of surrat , to their own island of bombay ; the inhabitants whereof from four thousand families , which they were computed at , when the company first possessed that island , are since increased to fifty thousand families , all subject to the companies laws . and that island lying upon the north coast of india , near surrat , the emporium of the indian trade , to arabia , persia , bussorah , and the red-sea , is of inestimable value to this kingdom . the said island hath cost the company in fortifying , garrisoning , &c. at times above five hundred thousand pounds sterling ; and never produced any return to the company , nor ever would have been of use to england , nor in a posture to defend it self ; though it be one of the best ports in the eastern world , if the english trade had not been brought thither , and consequently the english shipping to ride there , and load home ( and not at , and from swally , or the river of surrat as formerly . ) this was known to the former committees , and lamented long since , that such a jewel as the island of bombay should be in english hands , and we should not have the heart to make use of it . but the truth was , those former committees durst not attempt such a change of their affairs , for fear of the charge of such a remove ; but especially for fear of angrying the mogul , whose people gained exceedingly by our ships riding in their ports , as well as by our trade , and were out of fear of bombay , while it was in such a forlorn neglected condition ; and therefore durst boldly injure and affront the english , while they had the president , and all the chief of the nation , and all their estates as a pawn continually in their hands , to secure their patient suffering of all contempts whatsoever . but the case is now altered by the conduct , cost , and courage of the late committees , and the moors must and will be civil hereafter . for as there is no people kinder than those india governours , when they have to do with men , that can and will rerevenge themselves , so there are no men more unjust , false , treacherous and tyrannical than they are , when they have to do with such , as are intirely within their power . the mogul being as is generally known , so great and powerful a prince , it was vulgarly thought a vain or rather a distracted attempt in the company , to make any war upon him , as well in respect of his boundless riches , and power , as of the vast charges the company should be at , in sending and maintaining warlike ships , into so remote parts of the world. yet such hath been god's blessing upon the companies armes , their unavoidable necessity , and their righteous cause , that that war beyond all mens opinion has ended to the eternal honour of the english nation , in those parts of the world , and a peace concluded upon such honourable articles . ( the ratifications whereof from the mogul himself in the persian language , are brought home now by the ship modena ) that if a blank had been delivered to the company in england , to write down their own terms , they would not have desired more than is granted by the said articles ; the substance of which are as follows , viz. first , the customes at surrat to be two per cent. and no more , for goods and money ; and for what hath been taken more than that , to be paid back and made good out of the customs . secondly , that at but one place in the kings dominions any custom be paid , and having paid custom at one place , not to be disturbed by any other , nor no manner of duty demanded . thirdly , that no custom be taken for any manner of provisions , and what custom hath been paid on that account , to be paid back . fourthly , whatever hath been robbed from the english , to be made good to them , by that place or government , where the loss was sustained . fifthly , that no custom be demanded for what goods may come from mocha , and what hath been taken for custom of those goods to be paid back . sixthly , that we have a room in the mint-house to our selves , and appoint whom we please to do our business there , and coin our own money , and the governour to have no command over those sheroffs or moneyers , that are appointed by us for that work . seventhly , what goods may have passed the custom-house , and brought up again , not to be lyable to pay custom the second time . eighthly , no englishman shall serve in the mogul's dominions , and if any runs away from ships or factories , to be seized and delivered up to us . ninthly , indico custom to be at rupees and three fourths per bale , and no more , and what taken more then that , to be paid back . tenthly , no demands nor no trouble to the english at surrat , must be given for what mischief hath , or may be done by the english at bengala . eleventhly , that whatever is bought by one governour for the king , although he should be turned out before the money should be paid for such goods , yet the money to be made good , and no abatement made , nor any goods so sold returned . twelfthly , that whatever any officers may buy or take , the governour on the place to see that we be paid for it . thirteenthly , none shall offer any abuse to our english , or other servants of the countrey . fourteenthly , that whoever be our debtors , the governour of the place see us paid , on complaining to him out of hand . fifteenthly , that no one give us any the least disturbance at swally , but we land and ship goods as we please there , without any disturbance , or paying any custom or other duties . sixteenthly , that no goods be over rated at the custom-house , and that custom be taken for goods bought in the moguls dominions , as first cost at the place where bought , and not to be rated at the place exported , as worth there . to open the foregoing articles , and to demonstrate to persons unacquainted with the east-indies , the honour of this peace , and the inestimable value of those articles to the english trade and nation , would interrupt the designed brevity of this addition . it is sufficient , that the worst enemies the company have , must confess if they will say what they think , they are much more worth than all the charge of the war , which they cannot compute at less than ten hundred thousand pound sterling , and were by themselves thought impossible to be ever attained ; and that no englishman could live without unsufferable assronts and exactions in the interloping times , before the company began their late war upon the mogul , whereas now no nation in india hath such honourable terms with that great monarch , nor none so much respect from his governours in all places ; which honourable and advantageous terms the english company are like to enjoy forages , because the former priviledges the english had ( which were never in any degree comparable to these ) were onely purchased by money from his grear governours , and broke at their pleasure , when more money could be got from other nations vying with us in trade , or english interlopers ; whereas these are not onely acquired by armes , and confirmed by the mogul's own phirmaund and husball hoocombe , but secured by maintaining a strong english garrison at bombay , and making that island ( which lies upon the principal parts of the mogul's country , as the islands of scilly do upon england ) the seat of the english dominion , and the centre of their trade on the north coast of india , as batavia is to the dutch east-india company on the south . which transition alone , from surrat to bombay , could never have been done without a war as was beforesaid . post-script . the treaty managed between the great lord , sent down by the mogul for that purpose , ( which we hear was his cousin germain ) and the english general after five weeks negotiation , was left unfinished for want of the great mogul's ratification by a ` phirmaund and husball hoocombe ; and the general departed with his fleet from surrat river . but the general not being able to return to surrat at that season of the year , receiv'd it at bombay , after receipt of the following letter . translate of a letter from muckteer caune , the governour of surrat , to the general sir iohn child baronet , &c. many times i sent your excellency word , that the king's phirmaund would come from court in a litle time , therefore i desired your stay at the rivers mouth one week more , and orders would come from court according to yours , and my desire ; but you would not continue at the rivers mouth , but weighed your anchors and went away , because of the lateness of the year and bad weather ; since , the king 's ` phirmaund is come for you , and arrived here the th . of may , which the king hath sent with a great deal of affection and love towards you , which was brought by persons that attend his own person , and it is according to your own desires , the king hath consented to every thing , and you are happy and great , known to the world as the sun is , and whatever is in your mind , the king hath impowered me to comply with ; therefore it is fit for you to come away to surrat presently over land , as you promised you would , when you left surrat rivers mouth , on knowledge of the king's phirmaund being arrived here ; therefore pray make all the haste you can , and come and receive your phirmaund from the great king to your honour , and let your business go on with a good heart , and do you not fail to come away with all the speed you can ; i desire it a thousand times over , the phirmaund is much for your profit ; what i have received from court concerning it , i now send you the copy of . finis . a brief remonstrance of the grand grievances and oppressions suffered by sir william courten and sir paul pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both houses of parliament, prorogued to october : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by john brown. brown, john, of london. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a brief remonstrance of the grand grievances and oppressions suffered by sir william courten and sir paul pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both houses of parliament, prorogued to october : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by john brown. brown, john, of london. [ ], p. [s.n.], london : . reproduction of original in the cambridge university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng courten, william, -- sir, - . courten, william, d. . pindar, paul, -- sir, or - . east india company. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - olivia bottum sampled and proofread - olivia bottum text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief remonstrance of the grand grievances and oppressions suffered by sir william courten , and sir paul pyndar , k nts , deceased ; as also by their heirs , executors , administrators , and creditors . humbly represented to both houses of parliament , prorogued to . october . faithfully collected out of several courts of record , orders of councel , and treaties of peace and common alliance . with several remarks thereupon , for the improvement of navigation , trade , and commerce . by john brown of london , gent. london , printed in the year . to the right honourable sir robert clayton k nt , lord mayor of the city of london , and to the right worshipful sir thomas player k nt : william love , and thomas pilkington e sqs members of parliament , chosen for the honourable city of london . right honourable , and right worshipful , it 's agreed by all divines , philosophers , and lawyers , that every man hath a right to hold and injoy those things , which he hath righteously obtained ; even as the first occupants of lands , retain a reall interest , and property by a natural and civil possession . but the hollanders , and zealanders , of late , would perswade soveraign princes , and their ministers , to make no difference between reason of state , and common right ; in whose provinces , the soveraign power resting in the common people ; their deputies were so bold , in the infancy of their state , soon after king iames had delivered their cautionary towns , and quitted a great sum of money due to the crown of england , and perswaded the french king to discharge a greater ; that they at all times afterwards , refused to settle any regulation of commerce and navigation in the east-indies , and the whale-fishing , ( the proper discovery of the russia merchants ; ) but gave laws concerning the old english draperies , banishing all died and dressed cloaths , disputing the tare of the rest , after they had invited the merchant adventurers , successively to middleburgh , delfe , and rotterdam , with priviledges , ( since taken away ) yet some of the said company , are now resident in dort. the people of holland , zealand and friezland , having also incroached upon the rights of fisheries , on the coasts of england , scotland , and ireland ; denying any tribute , although spain and france at the same time purchased licence , by treaty , or special commission , sir dudley carleton demanded satisfaction , and a regulation in those points in the year . and also for reducing their coyns to such a standard , that might hinder the transporting of english gold and silver out of his majesties dominions . the prince of orange , ( their general , ) after many debates , then told the embassador carleton , that the deputies of the several cities in holland , zealand , and freizland , durst not touch upon those things , especially that concerning fisheries ; there being in those three maritine provinces , one hundred and fifty thousand people , and upwards ; that had their livelihoods , and dependencies upon the fisheries on the british-coasts ; but desired him to write to secretary naunton , to move the king , that those rights of fisheries might be redeemed and purchased , for a sum of money ; king iames being unwilling to treat upon those terms , all the debates rested re in facta ; what inestimable loss and damages the crown of england , and the subjects thereof ; ( and more particularly the city of london , ) have suffered in the premises , is fit for a parliament to inquire after ; whereby they may find what is become of all the old broad gold , abased in holland , and afterwards bought up again for the english east-india company . the main scope of this following remonstrance , is to give your honours an exact account of the matters of fact , wherein those two worthy persons sir william courten , and sir paul pyndar were so grieved and oppressed ; ( that had been so necessary and serviceable to the crown and kingdom of england , ) and after them , their heirs , executors , administrators , and creditors ; there wants no vouchers within the walls of this city , to make evident to the world , the truth of every paragraph herein , that calls aloud for relief from the justice of a parliament . the several abstracts of the following cases , being of high import , to the honour and interest of the king and kingdom , may easily invite every person that is a lover of his country , to a thorow perusal thereof ; and even to gratifie himself , with some remarks not vulgarly known ; obliging thereby , right honourable , and right worshipfnl , your most obedient and humble servant , john brown . a brief remonstrance of the grand grievances and oppressions suffered , by sir william courten and sir. paul pyndar knts. deceased : as also by their heirs , executors , administrators , and creditors ; with several remarks thereupon ; humbly represented to both houses of parliament , prorogued to the of october . that upon confidence and expectation of protection and preservation of their lives , liberties and estates , with the quiet injoyment of the protestant religion , under the government of queen elizabeth and her successors . many worthy persons , related to sr. william courten , transported themselves and their families , out of flanders , brabant , and the other spanish netherlands ; amongst whom , the father and mother of sr. william courten arrived in england , from menen in flanders , in the year . and having remitted their monies and other effects from beyond the seas , exercised the trade of merchandizing in silks and linen , during their lives in the city of london , and left two sons and a daughter , named william , peter , and margaret courten , unto whom they gave plentiful estates . sr. william courten , being the eldest son , intermarried with the daughter and heir of peter cromeling , a linen-merchant , of coutrick in flanders , who left a personal estate of sixty thousand pounds sterling to his said daughter ; provided , that fifty thousand pounds thereof should be laid out in lands , in the kingdom of england , and settled upon peter courten his grandchild , begotten of his said daughter , by the said sr. william , which settlement was made accordingly ; and the said peter afterwards ▪ ( being made a barronet ) married with the lord stannop's daughter , but died without issue , and left the estate to sr. william courten , his father . in the year sr. william courten , peter courten his brother , and iohn moncy of london , merchant ( who married the said margaret courten , widow of matthias boudaen ) entred into a trade of partnership , with a joynt stock , two parts whereof belonged to sir william courten , and to the said peter courten and iohn moncy , each a fourth part . this trade in company was carried on for years together , to several parts of the world , wherein they returned yearly l. sterling and upwards , ( communibus annis , ) in the linen trade , italian trade , barbary trade , french trade , and whale-fishing , upon their joynt stock aforesaid ; then peter courten , in the year ( being lately knighted in england ) dyed at middleburgh in zealand , where he lived , and had gotten the greatest part of the effects abroad into his hands , and left peter boudaen , son of the said matthias , his executor . and in the year following , iohn moncy transported himself from london to zealand , to settle the accompts of the company , where he died , in the year , at the house of the said peter boudaen , before the accompts were finish'd , and left sir william courten and peter bondaen his excecutors , liable to pay the debts of the company , due upon bonds to divers persons in england , flanders , and brabant , which were many and great . sir william courten , by his second wife the daughter of mr. moses tryan , had one son and three daughters , named william , hester , mary , and ann , who were married into several noble and worthy families , ( viz. ) hester intermarried with sir edward littleton of pilleton-hall , in the county of stafford barronet ; ann intermarried with essex deverux of leigh-court ▪ in the county of worcester esq after his decease , with sir richard knightly of fausely in the county of northampton ; mary intermarried with anthony earl of kent ; and william , the son and heir , intermarried with the lady catherine , daughter of iohn late earl of bridgewater . after the decease of the two partners aforesaid , ( both free denizons of england ) sir william courten endeavoured to settle the said accompts , and to call home the effects of his estate out of the hands of peter boudaen merchant at middleburgh , which could not be done by any means , during the life of sir william courten , the magistrates of middleburgh having protected him from the ordinary course of justice , as they have done his sons and heirs ever since , in several suits depending , to the damage of courten and his creditors , the sum of l. sterling and upwards , as by the ballance of the books kept by mr. iohn moncy in england , appears . sir peter courten and the said peter boudaen having qualified themselves to be directors of the east and west-india companies , by purchasing many great original actions in the chambers at middleburgh in zealand , with the very individual monies gotten into their hands , out of the proper estates of sir william courten and his creditors . the magistrates of holland and zealand holding it for a maxim , that it would be of bad consequence to their state , if they did not protect strangers and their goods against all other forreign invasions whatsoever . the like protection the states of holland have given to iacob pergens of amsterdam , by express orders to the courts of iudicature at amsterdam , and the hague , that they should refuse english-men all the ways of justice , upon several actions depending against the said pergens , for monies gotten into his possession upon several trusts , letters of attorney , and private contracts with william courten esq amounting to l. sterling and upwards ; even for which the said pergens , by his own covenant had contracted to be accountable to the said courten , or his assigns . this iacob pergens was born at cologne in germany , bred up in london , and made a free denizon of england , then , upon his marriage with the sister of peter boudaen became a burgher of middleburgh , afterwards an inhabitant at amsterdam , and one of the directors of the west-india company there , who claims sometimes the priviledge of an english-man , at other times of a german ; and , as occasion offers , he claims the priviledge of a zealander , and often times of a citizen and free-burger of amsterdam : and when he is impleaded at any other place , his exceptions are , that he ought not to be sued in any place , but only before his competent judges of amsterdam , where the courts of justice are closed up against all english-men that prosecute their rights against him . sir william courten , in his particular trade ( distinct from the company ) having received several wrongs and injuries by the spaniards , procured letters of mart or reprizals , in the second year of the late king charles , to do himself right and justic ; and sent forth captain iohn powel , and henry powel his brother , with two frigats , well fitted aud equipped into the west-indies , who having discovered the island of barbadoes not inhabited by any people whatsoever , landed there , and made a survey of the soil and scituation ; and at their return perswaded sir william courten to fortifie and settle plantations upon the said island ; who did , at his own proper costs and charges , expend the sum of l. sterling in building , plantations , and transporting men , women , and servants . and being in quiet possession for the space of two years , he procured a grant under the great seal of england , tertio caroli primi , to the earl of pembroke and his certain deputies ; for the government thereof according to the laws of england , which subjected the same to the dominion of the king , but the freehold and soil , by the law and original of all propriety , was rested in sir william courten and his heirs for ever . nevertheless , iames late earl of carlisle , by colour of a pretended grant , as lord proprietor of the caribee islands , in the year , with his complices , subjects of england , enters the said island by force of arms , and dispossessed the said sir william courten , his servants and planters of their fortifications , houses , and plantations , and do still continue the possession thereof , against all justice and common right ; many families having raised themselves by the fruits and profits of the said island , out of the ruins of sir william courten and his creditors : in the year sir william courten having procured several fishermen and their families out of holland and zealand , as also net-makers and ship-carpenters , for building herring-busses and dogger-boats . they were made free denizens of england , and dwelt in divers towns adjacent to the sea. then several joynt stocks were raised , for incouraging the herring-fishing and cod-fishing upon the english coasts . whereupon the hollanders and zealanders , under hand , got letters of mart from the spaniards , and took the said english busses and doggers , and procur'd them to be confiscated at oast-end and dunkirk , under pretence they were dutch effects : and oftentimes fishing in company with the english , would in the night time cast great stones into their nets , and spoil their whole voyages for that season ; by which indirect practices the english were so discouraged , that after the loss of above l. sterling and upwards in the enterprize ( as appears by the accompts of sir william courten and the other treasurers ) the whole undertaking was laid aside in companies , to the great damage and dishonour of the king and kingdom . that the late king charles , in the th . year of his reign , together with several lords of the council , perswaded the said sir william courten to undertake trading voyages to china and iapan ; and for that purpose , granted him , and others in company with him , a new charter for an east-india trade , in the year . then sir paul pyndar , being a man of a publick spirit , was moved by the king to furnish and advance the sum of l. to sir william courten in the first expedition ; for which he had assignments upon several ships . the hollanders then finding that it might hinder their commerce , obstructed them in the said voyages , under pretence that they traded with the portugals , their enimies . but before any of the said ships returned , sir william courten died , upon whose foundation the east-india company of england afterwards take their times , steps , measures of trade , and correspondence . sir william courten , in his life-time , having contracted many great debts , concerning his several undertakings and ways of traffick aforesaid ; left his only son and heir william courten , his sole executor , obliging him upon his death-bed to preserve his credit at home and abroad , especially to prosecute the east-india trade ; but soon after the news of sir courten's death was spread in the low-countreys , the east-india company of the netherlands by force and fraud used all the stratagems possible to ruine mr. courten's trading voyages . and after the loss of the two ships , dragon and catherine richly laden from china and iapan . the officers of the dutch east-india company in the beginning of the year , and in the midst of the disorders in england took advantage , when the king could not protect his subjects abroad , to spoil mr courten and his partners of other ships , goods , and merchandize in those remote parts of india . but the constitutions of these times , for the space of years , from . to . rendred mr. courten , sir paul pyndar , and their associates , so obnoxious to the powers in being , that mr. courten was forced out of england , and died in his exile ; the others remained passive until the king 's most happy restauration , who then for years together , earnestly sollicited , both at home and abroad , upon the kings recommendation , and order of the council-table for restitution and reparation for the spoyls and depredations of the two ships , bona esperanza , and henry bonadventura , without effect . notwithstanding a worthy member of the commons in parliament had a considerable sum of money deposited in his hands , in trust to be placed in holland , to procure an honourable composition from the states , or the east-india company of the netherlands , which was not done . ( yet this worthy member does not only refuse to refund the mony , but being sued in chancery for it , sometimes insists upon the priviledge of a parliament ; and at other times pleads the statuts of limitations . ) then a grant passed under the seal of england , of common right , in due form of law , for satisfaction and indempnity of the persons interested and injured . an authentick copy whereof hereafter follows . a copy of the letters paetents for reprisals against the states general , and their subjects , ( inrolled in chancery , ) for satisfaction of l. sterling , with costs and damages . charles the second by the grace of god , of england , scotland , france and ireland , king , defender of the faith , &c. to all christian people to whom these presents shall come , greeting : whereas our loving subject william courten esq deceased , and his partners anno . by the depredation and hostile act of one geland , commander in chief of two ships belocging co the east-india company of the netherlands , was betwéen goa and maccao in the streights of malacca , deprived , and most injuriously spoiled of a ship named the bona esperanza , and of her tackle , apparel and furniture , and all the goods and lading in her , upon a very hopeful trading uoyage to china , which were carried to batavia , and there all de facto without due process of law confiscated ; and that also in the same year another ship of our said subject , called the henry bonadventura being come on ground near the island mauritius , was there both ship and goods seized upon by some of the officers and ministers , and others under the command of the said east-india company , and utterly detained from the right owners . and whereas the said william courten , and his assigns in his life time , used all possible endeavours to recover the said ships and goods , and to procure further iustice against the malefactors , and yet could obtain no restitution or satisfaction , whereby they became to be much distressed , and utterly undone in their estate and credit : and that thereupon , and upon the most humble supplication and adresses of francis earl of shrewsbury , and william courten esq grand-son , and heir of the said sir william deceased , sir john ayton and sir edmond turnor knights , george carew and charles whitaker esqs on the behalf of themselves and divers others interested in the said two ships bona esperanza , and henry bonadventure , and in the estates of the said sir william courten deceased , sir edward littleton baronett , and sir paul pyndar knight deceased ; that we would take their case into our princely consideration . we out of a just sense we then had , and still have of their unjust sufferings in that business , both by our own letters under our sign manual to the states general of the united provinces , and by sir george downing knight and baronet our envoy extraordinary , to whom we gave special command so to do ; required satisfaction to be made according to the rules of iustice , and the amity and good correspondence which we then desired to conserve with them firm and inviolable . and whereas after several addresses made to the said states general by our said envoy , and nothing granted effectual for relief of our said subjects , ( whom we take our selves in honour and iustice , concerned to be satisfied and repaid , ) we lately commanded the said sir george downing to intimate and signifie to the said states , that we expected their final answer concerning satisfaction to be made for the said ships and goods by a time then prefixed , and since elapsed ; that we might so govern our selves thereupon , that our aforesaid subjects might be relieved according to right and iustice ; and yet no satisfactory answer hath béen given , so that we cannot but apprehend it to be , not only a fruitless endeavour , but a prostituting of our honour and dignity , to make further application after so many denyals and flightings . and whereas john exton doctor of laws , iudge of our high admiralty court of england , upon our command , to certify to us the value of the losses and damages sustained by the said william courten and partners , whose interests is now vested in our loving subjects sir edmond turnor knight , and george carew esq and partners , hath upon full examination , and proofs thereof made by witnesses in our high court of admiralty , reported and certified under his hand , that the same do amount to the sum of one hundred fifty one thousand six hundred and twelve pounds . now know ye , that for a full restitution to be made to them for their ships , goods and merchandizes ; of which the said william courten , and the assigns of the said william courten and partners , were so despoiled as aforesaid , with all such costs and charges as they shall be at for the recovery of the same ; we by the advice of our privy cotucil have thought fit , and by these presents do grant licence and authority under our great seal of england , unto our said subjects sir edmond turnor and george carew , their executors , administrators , and assigns , for , and on the behalf of themselves , and other persons interessed as aforesaid , to equip , victual , furnish , and to set to sea from time to time , such and so many ships and pinaces as they shall think fit . provided always that there be an entry made and recorded in the admiralty court of the names of all ships and uessels , and of their burthen and ammunition , and for how long time they are victualled ; and also of the name of the commander thereof , before the same or any of them be set forth to sea ; and with the said ships and pinaces by force of arms to set upon , take and apprehend any of the ships , goods , moneys and merchandizes of the said states general , or any of their subjects , inhabiting within any their domainions or territories wheresoever the same shall be found , and not in any port or harbour in england or ireland , unless they be the ships and goods , of the parties that did the wrong . and the said ships , goods , moneys and merchandizes , being so taken and brought into some port of our realms and dominions , an inventory thereof shall be taken by authority of our court of admiralty , and iudgement shall be given in our court of admiralty by the iudge or iudges thereof , for the time being , upon proofs made before him , or them , that the said ships , goods , wares , merchandizes , or money , did belong to the states general , or any of their subjects as aforesaid . that they shall be lawful prize to the said sir edmond turnor , and george carew , their exetutors , administrators and assigns as aforesaid , to retain and kéep in their or any of their possessions : and to make sale , and dispose thereof in open market or howsoever else , to their and every of their best advantage and benefit , in as ample manner as at any time heretofore hath béen accustomed by way of reprisal , and to have and injoy the same as lawful prize , and as their own proper goods , so that neither captain , master , nor any of the company , that shall serve in his own person , or shall promote and advance the said enterprize in manner and form aforesaid , shall in any manner of wise be reputed or challenged for an offendor against any of our laws . and that also it shall be lawful for all manner of persons as well our subjects , as any other to buy the said ships , goods and merchandizes so taken , and apprehended by the said captains , masters and others , and adjudged as aforesaid , without any damage , loss hinderance trouble or molestation , or incumbrance to befal the said buyers , or any of them , in as ample and lawful manner , as if the ships , goods , wares and merchandize , had been come and gotten by the lawful traffique of merchants , or of just prizes in the time of open war. provided always that all ships , goods , and merchandizes , taken by virtue of this our commission shall be kept in safety , and no part of them wasted , spoiled , or diminished , or the bulk thereof broken , until iudgement have first past as aforesaid . that they are the ships and merchandizes of the states general or some of their subjects aforesaid . and if by colour of this our commission , there shall be taken any ships , goods , or merchandizes of any of our loving subjects , or the subjects of any prince , or state in good league , or amity with us ( except the states general ) or their subjects as aforesaid , and the goods therein laden , and imbezelled or diminished , or the bulk thereof broken in any place before they shall be adjudged to belong to the states general , or some of their subjects as aforesaid . that then this commission shall be of no sufficient authority to take the said ships , goods , and merchandizes , or to warrant , or save harmless such as shall receive , buy , or intermeddle therein , but that the prizes so taken , and the said ship of war , shall be confiscated to our use . and further we do hereby declare that it is our will and pleasure , that this our commission shall remain in full force and power , to all intents and purposes , until the said sir edmond turnor and george carew , their executors , administrators , and assigns , as aforesaid , shall by vertue thereof have by force of arms apprehended , taken , seised , recovered , and received from the said states general , or their subjects , one hundred fifty one thousand six hundred and twelve pounds according to the appraisement to be made by sufficient appraisers upon oath nominated and authorised in our said court of admirally , of all such ships , goods , wares , and merchandizes , as shall be taken from the said states general , or any of their subjects , by vertue of this commission , or shall otherwise receive satisfaction of the debt aforesaid , by composition to be made between those of the east-india company of the netherlands , and the said sir edmond turnor , and george carew , their executors , administrators and assigns as aforesaid , notwithstanding it so happen , the present difference between us , and the states general depending upon general reprisals , may be agreed and composed , and that in the interim a peace and good correspondence may be renewed between us and the said states general ; in which case nevertheless , it is our will and pleasure , that in the execution of this our commission no violence shall be done to the persons of the said subjects of the said states general ; but only in case of resistance , and that after in cold blood , the subjects of the said states general , if hurt or wounded shall be used with all convenient office of humanity and kindness . and further our will and pleasure is , that although it shall happen that all hostility between us , and the states general and our respective subjects shall cease , yet this our commission shall remain , and be in full force and power , to the said sir edmond turnor and george carew , their executors , administrators , and assigns , as aforesaid , by vertue thereof to apprehend , take , and seize by force and arms , so many more of the said ships and goods of the states general , or any of their said subjects , as besides the said sum before mentioned shall countervail , satisfie , and pay all such costs and charges as the said sir edmond turnor and george carew , their executors , administrators , or assigns as aforesaid , shall from time to time make proof to have disbursed and paid towards the equipping , manning , paying , furnishing , and victualling of the said ships so licensed and authorised as aforesaid , by this our said commission to be equipped , manned , furnished , and victualled by the said sir edmond turnor and george carew , their executors , administrators , and assigns , as aforesaid for the purpose aforesaid . and our will and pleasure is , and we de hereby require our iudge or iudges of our high court of admiralty , for the time being , and all other officers of the admiralty , and all other our iudge , or iudges , officers , ministers , and subjects whatsoever to be aiding and assisting to the said sir edmond turnor and george carew , their executors , administrators , & assigns , as aforesaid , in all points in the due exectuion of this our royal commission , and to procéed to adjudication , and adjudge all ships , merchandizes , monies , and goods by vertue hereof to be taken & proved to belong to the said states general , or any of their subjects , to be lawfull prize to the said sir edmond turnor and george carew , their executors , administrators , or assigns , as aforesaid , according to our princely intention , hereby signified and expressed , and to take care that this our royal commission be duly executed , and favourably interpreted and construed in all respects , to the benefit and best advantage of the said sir edmond turnor and george carew , their executors , administrators , and assigns , as aforesaid . in witness whereof , we have caused these our letters to be made patents . witness our self at westminster the . day of may , in the . year of our reign . per ip'm regem . it is to be considered , that upon some spoyls and depredations done by the west-india company of holland , to the english , upon the coast of guinny , whereby the affrican company suffered great dammages and affronts , ( the king and his royal highness the duke of york , having particular shares and proportions therein , ) for want of satisfaction , and reparation . in conclusion , general reprizals were proclaimed against the states and their subjects , before this grant aforesaid passed , for particular and special reprizals in courtens case ; although it was in agitation some years before . yet after all this , the proprietors applyed themselves respectively to the states , and directors of the east-india company , to accomodate that affair , rather then to put the said grant into execution , and when nothing would prevail ; several commissions in the year . were assigned to captain edward lucy , nicholas carew , iohn holmes , edward manning , tyrence byrne , and other captains and commanders , who brought in several ships and their ladings as prize ; but in regard the hollanders traded under the colours and trusts of the swedes , hamburgers , flemmings , breamers , dantzickers , lubeckers , and other nations in common amity with england ; the ships and goods so brought in , were most of them claimed by several agents from the subjects of those nations , or the residents of those princes and states , whereupon they were restored by the judge of the admiralty ; so that there was not bona fide fifteen hundred pounds recovered , as by the register in the court of admiralty appears , before a proclimation issued forth on the th . of august . to suspend the execution of the said letters patents , under pretence of misdemeanours in the captains , with an order of the councel table of the same date , to commit the said george carew , who granted the said commissions ; although neither of the said captains , nor the said carew were ever summoned , or questioned judicially , to answer any charge against them . then the proprietors , and persons interested , presented their petition to his majestie , to have some satisfaction for the present , out of the prizes taken from the east-india company of holland , and others by the kings ships ; but answer was given , that they were to be disposed for other services ; the war being proclaimed for general reprizals , and that the petitionors might resort to their own special grant , in a more seasonable time , the seamen being wanting for the kings ships . then some of the most considerable creditors , made several inspections into his majesties speeches , and orders , of both houses , in relation to the war against holland . a very remarkable one , being deliver'd by the earl of manchester , lord chamberlain of his majesties household , with his speech made to the lord mayor , aldermen , and worthy citizens of london , at a common-hall on tuesday the . of december , . ( viz , ) die veneris , . november : ordered by the lords spiritual , and temporal , and commons in parliament assembled , that the thanks of both houses of parliament , be given unto the city of london , for their forwardness in assisting his majesty ; and in particular , for furnishing him with several great sums of money , towards his preparations , for the honour , safety , and trade of this nation . and more especially well weighed several periods , of his majesties speech to both houses of parliament , on the th . of november . as followeth . ( viz. ) mr. speaker , and you gentlemen of the house of commons , i know not whether it be worth my pains , to endeavour to remove a vile iealousie , which some ill men scatter abroad , and which i am sure will never sinck into the breast of any man who is worthy to sit upon your benches ; that when you have given me a noble and proportionable supply , for the support of a war , i may be induced by some evil councelors , ( for they will be thought to think very respectively of my own person , ) to make a suddain peace , and get all that mony for my own private occasions . but let me tell you , and you may be most confident of it , that when i am compelled to enter into a war , for the protection , honour , and benefit of my subjects ; i will ( god willing ) not make a peace , but upon the obtaining and securing those ends , for which the war is entred into ; and when that can be done , no good man will be sorry for the determination of it . whereupon the commons of england acknowledging , ( in the preamble of their acts ) with all humility and thankfulness to his majestie , for his abundant care in their preservation at sea , and of the great charge necessary for the defence thereof , granted at several times , five millions , four hundred and four thousand seven hundred and fifty pounds eleven shillings and eight pence ; for extraordinary supplies towards the wars , out of which his royal highness the duke of york , had the sum of one hundred , and twenty thousand , nine hundred and two pounds , fiftéen shillings and eight pence , a months tax , for his heroick courage at sea , against the hollanders . upon this consideration , the said creditors , and those intrested in the letters patents , for the special reprizals , applied themselves , again in season , and out of season , to his majestie and the councel , for some reparations , out of the imbeazilments of the prizes taken by the kings ships , from the dutch , or out of the monies given by parliament ; but answer was made , that his majestie had done for the petitioners already , all what the law required , and so they might rest satisfi'd therewith , the debt being stated and ascertained by a grant for reparation under the great seal of england . afterwards in the month of iune . preparations being made for a treaty of peace , and common alliance at breda , the creditors and proprietors , concern'd in the bona esperanza , and henry bonadventura , applied themselves to the king , and ambassadors extroardinary on both sides ; as also unto the directors of the east-india company of the netherlands , that satisfaction might be given in that singular case of courten , to take away the continual claim and execution so intailed by the especial grant , under the great seal of england , that would perpetually be incumbant upon the states general , and the east-india company of the netherlands , until restitution be made ; then iohn de wit the pensionarie of holland , ( who offered four hundred thousand guilders in the year . ) had the confidence to send the draught of the following articles ( inter alia ) in contempt of the king and kingdom , pretending the states had subdued the parliament , by the surprize at chattam . an abstract of five select articles of the treaty at breda . . also that all offences , injuries , dammages , and losses , sustained on either side by the king and the states , or their subjects , during this war or at any time before , upon any cause or pretence whatsoever , be totally expunged and buried in oblivion . . moreover that all ships , goods , and movables , which at any time before had come into the power of either party , or their subjects , should remain to the present posssessors thereof , without any compensation or restitution for the same , and without any exception of place , time , or things . . moreover , that all actions , suits , and pretentions whatsoever , for the same should remain void , obliterated , and disanuled , and nothing moved thereupon hereafter . : its also agreed , that under the aforesaid renuntiation and stipulation , all letters of marque ; reprisals , and countermarque , general , and particular , ought to be comprehended , and revoked , by vertue of that article accordingly , notwithstanding any grant , to the contrary . . that in case it happen during this friendship and alliance , that any thing shall be done to the contrary , nevertheless the alliance shall not be broken , but continue in force , only those particular persons shall be punished , that shall do any thing against the treaty . the words in the articles being set down so general , that might admit of forced interpretations , beyond the common intendment of the embassadors , and other ministers of state. applications were made to iohn de wit , chief minister at the hague , by the advocates and other agents of courtens creditors ; who told him that a great care ought to be had , of particular and private mens debts , and interests ; and especially a tender respect to the kings honour and reputation ; and finally that as the articles were penned , and sent to breda , they were repugnant to the laws of god , and mankind , and particularly against the laws and statutes of england ; yet de wit was so puft up with pride and insolence , that he would give no other answer then this ; valeat ut valere potest , and so the articles were signed accordingly , on the . of iuly , . old stile . note that such words are without any president , and were never used in any former treaty in the world , nor mentioned in any article of the other treaties with france , or denmark , made at the same time in breda , but were couched in by john de wit , as if he had a design and purpose , that the hollanders and zealanders should swallow up all debts , accounts , and sunis of money of englishmen ; gotten into the banks of amsterdam and middleburgh , upon any cause or pretence whatsoever . the treaty of commerce , and common alliance being so concluded ; it is very remarkable and worthy of your observation , what followed within few years after ; upon the th . of august old stile . behold the judgement of god almighty , in his providence concerning the said iohn de wit , ( that so worded and writ the articles of the said treaty , ) and cornelius de wit his brother burgomaster of dort , plenipotentiary in the surprize at chattam , during the said treaty . their tongues were cut out of their heads , and their fingers cut off their hands , and their lungs pulled out of their bodies by their own subjects in the hague ; even in the view and presence of the said george carew , who was then a prisoner there , committed by the states of holland , under pretence of a spie , but escaped the danger , and had been formerly , ( at the instance of some common claimers of dutch goods ) committed at london , by order of the councel , on the th . of august . as aforesaid ; and the letters patents for l. and damages , on the same day ordered to be suspended . in the year . the treary at breda , being declared void by the king and councel , and another war proclaimed for general reprizals . the proprietors of the bona esperanza and henry bonadventura made fresh application to the king and councel , for publick relief against the states , ( a common wealth sensible , neither of conscience nor honour ) in courtens case ; whereupon it was referred to a select commitee of the lords of the councel , who reported their opinion , under their hands in terminis , as follows , ( viz. ) in obedience to your majesties order in councel , on the . of march . we humbly represent to your majestie , that the debt and damages of those petitioners , being stated under the great seal of england , whereby it s granted by your majesty , that l. with all costs and charges shall be reprized . we further humbly represent to your majesty , that by the treaty at breda , all reparations were extinguished , and cut off . yet since that time the states general of the netherlands , have not only been refractory in the performance of any agreement concluded on , but also have committed many violences and depredations , whereby they have wholly cancel'd the obligations of all past treaties and agreements , and left your majestie and your subjects as free in all iustice and equity , as if they never had been made . and therefore we humbly presume , to report our opinions to your majesty , that it is now but just and seasonable , for your majestie to insist upon reparations , for the debt and damages aforesaid . in pursuance whereof , his majestie on the th . of iuly . sent his lettes under his sign manual ( to omit no time ) to his plenipotentiaries then at vtrecht , to require intire and full satisfaction and reparations of the states general , in the singular case of courten , expressing with great zeal and earnestness , that his care in that case , should be to protect his subjects in their just rights , as well as to assist them in the recovery thereof . afterwards by express order of the councel board , instructions were given to the lords ambassadors , and plenipotentiaries at cologne , to that end and purpose . the states then underhand appealed , by their printed papers , to the subjects of england , for a seperate peace , in that juncture when they were almost brought upon their knees , and would not condescend to any agreement at cologne , but sent a letter to the king , by the spanish ambassador , unto whom they had given a procuration , with instructions to make up such a suddain peace with the king ; whereupon his majestie made this speech following to both house of parliament , on the th . of ianuary , . old stile . the kings speech . my lords and gentlemen , at the beginning of this session , i told you as i thought i had reason to do ; that the states general had not yet made me any proposals , which could be imagined , with intent to conclude , but only to amuse . to avoid this imputation , they have now sent me a letter by the spanish ambassador , offering me some terms of peace , upon conditions formally drawn up , and in a more desent stile then before . it is upon this , that i desire your speedy advice ; for if you shall find the terms , such as may be imbraced , your advice will have great weight with me ; and if you find them defective ; i hope you will give me your advice and assistance , how to get better terms , vpon the whole matter , i doubt not but you will have a care of my honour , and the honour and safety of the nation , which are now so deeply concerned . the substance of the overtures in the said letter , being communicated to both houses of parliament ; were as follows , ( viz. ) that the states general , and their subjects , should acknowledge the kings dominion and soveraignty of the seas , by striking to the kings ships , as was proposed . that a regulation of trade should be settled and adjusted in the east-indies , by a certain number of commissioners , to be appointed of each side , and a treaty marine also settled by the said commissioners within a certain time to be prefixed . that eight hundred thousand pattacoons should be paid to his majestie , at four equal payments ; the first upon ratifying the said treaty ; and the other by three yearly payments . that the queen regent of spain , should be guarrantee , for the performance of the said articles . whereupon both houses of parliament adressed themselves severally to the king , to accept of the said overtures for a peace with the states , seperate from france , which were drawn into formal articles , wherein this seventh article was interlarded , concerning the memorable treaty at breda , ( viz. ) vii . quod tractatus bredae conclusus anno ; domini . sicut etiam omnes alii precedentes trastatus per illum tractatum confirmari renoventur , & maneant in plena vi ac vigore , in quantum presenti tractatui nullaetinus contradicunt . but as to the freedom and advantage of fishing upon the english coast , ( a royalty so inherent to the crown of england , that his majesty cannot sell , or depart withall unto strangers , ) the hollanders say , was thrown into the bargain gratis , upon the account of the prince of orange , so long as he shall injoy the offices of stat-holder , lord high admiral , general , and other offices , and honours of his ancestors . this last treaty being concluded , ratified , and published , the interested in the bona esperanza , and bonadventura , addressed themselves , both to the king , and the states general , respectively , to be paid and satisfied out of the pattacoons , protesting , otherwise that they should be necessitated to put their letters patents into execution , to levy and reprize their debt and damages aforesaid . the proprietors were in good hopes , they should not meet with any difficulty in attaining their ends , when they found the treaty signed by five principal ministers of state , on the kings side , ( viz. ) h. finch , c. s. latimer , ormond , arlington , and h. coventry ; for that the warrant and proceedings , concerning the said patent passed through the lord arlington's office , when he was secretary of state , and directed to sir heneage finch , to prepare the bill when he was sollicitor general , in the time that the lord roberts kept the privy-seal , and had been debated by h. coventry , when he was ambassador at breda , and the pattacoons left to the disposing of latimer lord high treasurer of england , who knew the kings honour and reputation lay at stake with his subjects , concerning that affair . but yet nevertheless , a th . part of the said pattacoons , were presently assigned to be paid to alderman backwel , for other services , and the six hundred thousand remaining , were transferred by the said latimers advice , ( and another minister of state , much admired in holland ) to the prince of orange , for old debts due to his father and grandfather , from the late king , ( as is pretended ) and no care taken to satisfie the said l. with damage , either by his majestie ; or the states but left in statu quo , under all those circumstances aforesaid . wereupon divers of the creditors finding there rights , liberties , and properties invaded ; first , strictly examined the several treaties , and then reduced their case into two questions , as follows , and took the advice of several most learned lawyers thereupon , ( viz. ) : whether the letters patents for reprizals before-mentioned at large , in folio , . and the powers and authority thereby granted , can be revoked , repealed , or the execution thereof suspended by proclamation . scire facias , supersedeas , articles of peace , or any way whatsoever , before satisfaction and reparation should be had or made , for the said l. to the persons interested and injured , or not . whether any particular debts , due from the subjects of the states general , to sir william courten , or sir paul pyndar , their executors ; administrators , or assigns , by bills of exchange , bonds , accompts , covenants , or other private contracts in trade , were released or discharged , by the said articles of the treaty at breda , recited in folio . or were ever intended to be comprized , or comprehended , within the said articles , or not . answer to the first question . our forefathers were so careful of merchants rights and properties , and so provident for the maintenance and encouragement of navigation , and commerce ; that in all cases of spoyls and depredations , whereupon any offences , injuries , damages , or losses , at any time happened to the subjects of england , at sea , the injured applyed themselves for present relief to the writ ; de arresto facto super bonis mercatorum alienigenium pro transgr . facta mercatoribus angliae ; and the words recited in the writ , are for that the offence is done , contra legem & rationem , and not contra pacem . in those days the persons and gods of merchants strangers , were arrested in england , for the offences and injuries committed , by the subjects of the prince or state , unto whom they belonged that did the damage . whereupon the subjects belonging to the maritine provinces , under the duke of bourgundy , and divers parts of france , comming to the staple and mart towns in england , made great complaints to the king and councel , of grievous pressures upon them , by suffering in english ports and harbours , for the offences of other men. in consequence whereof an act of parliament , passed in their favour , . edw. . statute chap. that the rigour of those writs should be taken away , and in liew thereof , in all cases of spoils , the subjects of england should for their relief have the law of marque , without fraud or delay , therefore to prevent the failer of iustice , such letters were to be granted effectually ; otherwise liberty would be taken to commit the greatest injuries and offences whatsoever , unpunishable , to the prejudice of all commerce , and humane society . justinian agreeth herewith in his book de jure nat. and grotius sayes that the later lawyers calls it the right of reprizals , the saxons and old english withernam , and the french letters of marque . in several countries they are asked of the iudges , and by the common law of england , they were used to be asked of the king , but the subjects finding many delays , and great expences in those proceedings , to their vast prejudice by secretaries of state. upon the complaints of the commons of england in parliament , an act passed in the th . year of henry the th . whereby a remedy was provided , for their more speedy relief , in all cases of spoyls , and depredations , against leagues , amities , truces , and safe conducts , the parties grieved , having liberty thereby to address themselves to the keeper of the privy seal for the time being , for letters of request , who ( upon manifest proofs and evidence , of the wrong appearing ) shall grant letters of request , in due form ( if so required ) for restitution and reparations , from the parties that did the injury , ( that is to say , from the prince , state , or supream power ) which if not made in a convenient time prefixed , that then the lord chancellour of england , shall make to the party grieved , letters of marque or reprizals , under the great seal of england , in due form of law ; and by a statute in the th . edw. th . it was enacted , established , and confirmed , that all statutes , and ordinances against offences , injuries , damages , and losses , done by breakers of leagues , amities , truces , and safe conducts , shall be in full force and effect . by which statute-law ( wherein every subject of england hath an interest , ) the lord privy seal , and lord chancellour are bound to grant the said letters respectively . ex officio , of common right , they being upon their oaths to do their office iustly ; otherwise it would be a uiolation of their trust . and therefore without satisfaction and reparations first had , and obtained in the case of courten for the debt of l. and damages , the chancellour cannot legally pass any act , supersedeas or proclamation under the great seal of england . to revoke or make void the said letters patents , or to suspend the execution thereof , ( being the effect and fruit of several acts of parliament , for relief of particular subjects , that were spoyled and injured , against leagues of common amity and truces . ) whereas in the high court of chancery , his lordship cannot relieve any person whatsoever , stranger or denizon against a statute-law . grotius and the learned selden agree , that after a depredation committed by the subjects of one nation , to those of another ; and that the damage hath been stated , and letters of request issued forth , and iustice denied or delayed , that immediatly such damage becomes a national debt , to the particular persons injured ; and by the laws of nations it ought to be recovered and paid ; therefore remedy is provided , by the laws and statutes of england accordingly . when an authority passeth by the kings grant , to such injured persons of common right , coupled with an interest , to levie and recover the debt and damages , when once the power is granted ( as the law directs , ) the same cannot by any subsequent act of the king , be bound or suspended , without satisfaction to the parties grieved , and the reason is plain , because such a grant and execution upon it , is no breach of peace , or common alliance , between princes and states . and it 's against the honour and interest of the king , both at home and abroad ; to diminish his own prerogative , and royal grant , ( before satisfaction obtained ) the patent being published for a president , in several languages amongst all the neighbouring nations . answer to the second question . that the private interest of the subjects of either side , upon debts , accounts , covenants , or any civil contract , in merchandizing upon the land , cannot be in any measure comprized , or comprehended within any article of the treaty at breda , under the notion of offences , injuries , damages and losses . therefore they cannot fall under that construction , or forced interpretation of those words ; which were intended naturally to arise from spoyls and depredations , terms that ought to have been used in the said articles ; but that the transgressors would pallitate , spoyls , and depredations , by the names of losses , injuries , and damages ; and the two subsequent articles being relative to the third , having a dependance upon the said offences , injuries , damages , and losses , no particular or private debt , and damage , can fall under that construction ; otherwise all english-mens money in holland , and consequently all dutch mens money in england ; gotten into the hands of bankers on either side , might have been confiscated . but the wars being proclaimed for general reprizals , between the king and states ; particular men traded each with other , notwithstanding . it was therefore an apparent breach of the laws , of common amity , and of the alliance , with the crown of england , for the states of holland , on the th . of september . to send their express order in writing to the ordinary courts of iudicature in amsterdam , and the hague ; interdicting , and prohibiting the iudges from granting any process , or doing any iustice against jacob pergens , at the suit of several english-men for debts , due upon bills , bonds , and covenants , for repayment of moneys gotten into his hands , under several trusts . after this solemn debate and resolution upon those two points in question were over ; a grand objection was raised by the civil lawyers then present , which was answered as follows in order . obj. that a soveraign prince having the power of peace and war in his hands , being the sole arbiter thereof , may make use of a private interest , for the publique necessity , as sole legislator in such cases . answ. st. augustin sayes , that all humane laws are righteous decrees , agreeing with the natural and eternal law , and that there is no law iust , or legitimate , except it agree with them both . all power being confined within the bounds of equity and reason ; there is no plea or bar to be allowed against the law of nature , which is immutable . it 's granted , that god almighty having trusted soveraign princes with the government , for the protection and preservation of their subjects , in their goods and properties . it if be just , the supream power , hath sufficient authority to restrain any particular mans right , for every mans good ; yet it was ever found most reasonable in all ages , that when a private interest was sacrifized for a common good , a recompence was made for the private damages , out of the publick purse . cicero , tertullian , and other most learned authors , do all agree in this point . verum etsi nostrae tempore necessitatis patriae conferre debeamus , tamen jure naturae congrui ut communis salus , communis utilitas periculum , non unius duntaxat aut alterius , sed communibus impensis , jacturis periculisque comparetur . by the law of nature , if a soveraign prince and state , enter into a contract one with the other , upon certain conditions ; the contract is viod , if the conditions are not performed . to clear this point , we need not go far for presidents ; the king of great britain , having declared both the former treaties , ( in the year . and . ) with the states general to be void upon that account : the states having been refractory in the performance of agreements concerning poleroon , and in making reparation for other matters ; as even the treaty at breda , was pronounced null and void , upon the like score about surrinam , &c. whereby it appears , that carew's right and demand , was not abolished , or extinguished ; ( although seemingly suspended , ) which was revived by the supream power , and legislator , the original grant remaining extant upon record in the rolls , to be put into execution , when opportunity best serves ; until satisfaction and reparation shall be made , by the one means , or the other . now i must beg your honours further patience and pardon ; to shew your honours who are the most competent judges , that the states general and their subjects , have not only been refractory , in the performance of the th . and th . articles agreed upon , in the last treaty ; but possitively broke the first and fifth article of the treaty marine ; signed at london the st . of december . by the commissioners following . ( viz. ) thomas culpeper , george downing , richard ford , william thompson , iohn iollife , and iohn buckworth , on the behalf of the king of great britain . and iohn corver , george sautyn , samuel beger , and : van vossen , p. duvelaer , m. michielson , on the behalf of the states general . it being agreed by the . and . articles , between the king , and the states general , on the . of february . new stile , that six commissioners were to be named on each side , to settle and conclude upon a regulation , and adjustment of trade , and commerce in the east-indies ; as also upon a treaty marine , in all parts of the world ; as by the two several articles hereafter follows in latin , taken from the original , appears . viii . quod tractatus marinus hagae-comitis inter partes utrasque anno domini . conclusus coninuetur pro spatio novem mensium , post hujus praesentis tractatus publicationem , nisi per subsequentem tractatum aliter provisum fuerit , interea autem ut consideratio novi super hac re tractatus ad eosdem commissarios referatur , ad quo● commercium per indias orientales in articulo proxime sequenti referetur . quod si tales commissarii intra tres menses post primum congressum suum in novum tractatum marinum ex voto non consenserint , tunc res illa quoque ad arbitrium ac dispositionem serenissimae dom. reginae regentis hispaniae referetur , eodem plane modo , quo commercii orientalis regulatio ad majestatis suae arbitratione in dicto articulo proxime sequenti referetur . ix . eo quod à mutua & non turbata commercii ac navigationis libertate non solum opulentia , sed pax etiam utriusque nationis summopere pendet , nihil magis curae esse debet utrique parti , quam justa & aequa commerce regulatio , & praecipuè in indiis orientalibus , & tamen quia res est maximi momenti & multum temporis requiret ut firmi ac duraturi articuli ad satisfactionem & securitatem subditorum utriusque partis conficiantur ; cum tamen languens & poene intermoriens plerarumque europae regionum conditio non minus quam duarum partium in hoc bello implicatarum ad properam hujus tractatus conclusionem anhelet , supramemoratus serenissimus dominus magnae britanniae rex votis & desideriis praedictorum ordinum generalium accedere dignatur , ut ejusdem consideratio aequali numero commissariorum ab utraque parte nominandorum referatur , eisdem ordinibus generalibus spondentibus , ut illi , quos ipsi nominaverint londinum mittantur ad tractandum cum illis quos majestas sua britannica pariter à parte sua deputaverit , idque intra spatium trium mensium post hujus tractatus publicationem ; numerus item commissariorum utrimque nominandorum sex erit personarum ; sin autem post tres menses quam congressi fuerint eorum conatus non tam feliciter suecesserint , ut tractatus inde concludatur , capita inter eos controversa ad arbitrationem serenissimae dominae reginae regentis aispaniae referentur : quae undecim commissarios nominabit , et quodcunque major eorum pars determinaverit in differentiis non prius compositis id utramque partem obligabit , proviso semper quod judicium suum declarent intra spatium sex mensium a die quo primum congredientur , quod etiam intra spatium erit trium mensium quostquam serenissima domina reginae regens pispaniae praedictum arbitrium in se susceperit : those regulations and adjustments of trade , and comerce in the east-indies , and the treaty for settling navigation , in all other parts of the world ; were to have been determined and concluded , within three months after the treaty , signed by the marquis del fresno , on the behalf of the states , on the th . of february . as aforesaid ; but the dutch commissioners were wrangeling , and making their friends with the unrighteous mamon , untill the first of december . compleat months , and dayes ; and yet in all that time did not any thing concerning the regulation agreed upon , in relation to the east-iidies , but left that affaire re infecta ; and as to the treaty marine they made several articles , most of them relating to contra bando gods , but as to the first , and the fifth articles , contained in the said treaty marine ; whereby the subjects of england were to injoy the freedom and priviledge of navigations , to all parts of the spanish dominions , and else where , the states have absolutly denyed the english ships any freedom in their passage to antwerp through the sheild , contrary to the words and letters of the said treaty , which are as follows , viz. article i. that it shall and may be lawfull , for all and every the subjects of the most serene and mighty prince , the king of great britain aforesaid , with all freedom and safety , to sail , trade , and exercise any manner of traffique in all those kingdoms , countreys , and estates , which are , or at any time hereafter shall be in peace , amity , or neutrality with his said majesty ; so that they shall not be any wayes hindred or molested in their navigation or trade , by the military forces , nor by the ships of war , or any other kind of uessels whatsoever , belonging either to the high and mighty lords the states general of the united netherlands , or to their subjects , upon occasion or pretence of any hostility or difference which now is , or shall hereafter happen between the said lords the states general , and any princes or people whatsoever , in peace , amity , or neutrality with his said majesty . article v. and that all manner of differences and contentions on both sides by sea or land , may from henceforth cease , and be utterly extinguished : it is agreed , that all ships and uessels whatsoever , belonging to the subjects of his said majesty , entring , or being entred into any road or port under the obedience of the lords the states , and purposing to pass from thence , shall be onely obliged is shew unto the offices acting in the ports of the said states , or to the captains of the states ships ; or of private men of war ( if any happen there to be ) their passport , commonly called a sea-brief , nor shall any money be exacted from them for the same . after the treaty marine was concluded , divers english ships sailing directly from several ports of england for antwerp , were stopt by a man of war , lying over against the fort at lillo , some of them being laden with new-castle coles , ( although the masters offered to pay what tolls or customs were reasonable , but all would not serve their turn , ) the ships were forced to go back again to flushing , or roterdam , and there to unlade and pay the duties of those ports , besides all petty charges , and then constrained to lade them in small dutch-roats , and to pay them fraight at their own prices , besides other charges at lillo , and also at the spanish fort of st. mary , to the intolerable expence and burthen of his majesties subjects , although the river ought to be free by the very words of stipulation , in the said treaty marine ; for all english ships of any burthen , being one of the best navigable rivers in the world ; a ship laden with tunn of goods , being passable to the port of antwerp at low water . in this river the dutch seamen were lately so bold , to attaque a vessel wherein sir lyonel ienkins comming from nimegen , was imbarqued for england , from the city of antwerp , presuming to demand custom for goods therein , as of all other ships passing through that navigable river . so that all the material demands in agitation at cologne anno , viz : the regulation of trade in the east-indies , settling the freedom of navigation in europe , the arrears for fishing upon the english coast , and ascertaining a settled revenue , to the crown out of every buss and dogger boat for that liberty hereafter , and even the reparations for courtens debts , and damages , remains in sttatu quo , unsettled ; the states of holland falsly pretending , that their friends in the house of commons would not have those points insisted upon by the king. in the year . several of the proprietors , creditors , and others interested , made fresh applications to the king and councel , to be heard , and relieved in the premises , and their former complaints . whereupon these two following orders of the councel-table were made . at the court at white-hall the th . of iuly . by the kings most excellent majesty , and the lords of his majesties most honourable privy council . upon the humble petition of thomas kynaston merchant , george porter esq son and heir of endimion porter esq and thomas tounsend esq adventurers in the joynt stock with sir william courten , to the east-indies , george carew esq administrator of sir william courten , and sir paul pindar , charles earl of shrewsbury , sir thomas meers rt. executor of sir erasmus de la fountain rt. deceased , george cole , thomas coppin , and charles whitaker . esqs on the behalf of themselves and others , with many orphans and widows , creditors of sir william courten , and his son , and sir edward littleton , and the late earl of bridgewater deceased . praying that they may be heard at this board , upon their former petition , setting forth their great losses and damages , sustained by the east-india company of the netherlands , by reason of their violent depredation , upon the two ships , the bona esperanza , and the henry bonadventura . his majesty was pleased to appoint wednesday the th . of october next , for hearing the petitioners by themselves , or their council learned , upon the matter of their said former petition . at which time all parties concerned are to give their attendance . john nicholas . at the court at white-hall the th . of iuly . by the kings most excellent majesty , and the lords of his majesties most honourable privy council . upon the humble petition of george carew esq administrator of the goods and chattels of sir william courten , and sir paul pyndar , sir thomas meers , kt. executor of sir erasmus de la fountain , thomas coppin , gilberd crouch , and william hinton esq valentina bazilla loyd , executrix of sir peter vanloar , and elizabeth bartlet widows , mark fletcher , and thomas carter merchants , on the behalf of themselves and many hundreds of his majesties subjects of england herein concerned , setting forth the sinister practices used by peter boudaen of middleburgh merchant : nephew and sole executor of sir peter courten , in possessing himself of the estate , real and personal of the said sir peter ; avoiding to come to any accompt for the same , and obstructing the ordinary court of iustice during his life , as his sons and heirs have since done ; whereby the due administration of iustice hath been often denied , and the iudicial acts and decrees of the prerogative court , and high court of chancery in this kingdom , slighted and contemn'd in the ordinary courts of iudicature in holland , and zealand ; whereby order from the states in the year . iustice was positively denied the petitioners to the great oppression of them , and of many orphans and widows , claiming the effects , and sir william courten's estate and his sons , as also of mr. john moncy's and sir paul pyndars , gotten into the hands of the said boudaen pergens , and others , inhabitants of amsterdam , and middelburgh , to the value of two hundred and fifty thousand pounds . and therefore praying that speedy satisfaction may be required from the embassadour extraordinary of the states general , or that commissioners on either side may be forthwith named to inspect the accompts , between both parties , and determine the same according to right . his majesty was pleased to appoint wednesday the th . of october next , for hearing the petitioners at the board , concerning this business ; at which time the parties concerned , are to give their attendance , and bring their council learned , if they please . john nicholas . after two of the petitioners , with a friend of theirs , addressed themselves to mons. van beuninghen the dutch ambassador , at his house in westminster , with authentique copies of the said orders , under the seal of the office ; desiring that his excellency would take notice thereof , and make any defence at the council table , by his advocates if he pleased ; whereupon after he and his secretary had perused the same , his excellency toar the orders in pieces , and gave the petitioners very menacing language , and so parted out of his anti-chamber . then some of the creditors , who thought they had done a kindness to the ambassador , by sending him timely notice , caused the said order of councel to be printed , with the embssadors deportment underneath , and sent him the same in a letter ; who thereupon gave in a long memorial on the th . of september . in french to the king , complaining that three persons had highly affronted him , by leaving a citation with him , to appear before the council table , on the th . of october following ; alledging in his said memorial , that it was a proceeding of a very high nature , ( the most injurious violation of the respects to the most sacred laws of nations ) and prayed reparations proportionable to the grandeur of so outragious and publique offence ; and moreover , that his majesty would oblige the interested persons , to wave all their said demands , as mortified and extinguished pretences , it was a grand mistake in his excellency , after all his rodomontadoes to call copies of orders of council citations , who should have understood better , ( being bred an advocate , ) that the council board was no court of iudicature ; and that citations could not issue from that board . yet without the least summons , sir ioseph williamson , one of the principal secretaries of state for the time being , gave a warrant to a messenger , who with a constable and a smith , on the th . of october . broke open mr. carew's chamber and study doors , in his absence , and took away what papers and writings they pleased ; and afterwards seized upon mr. carew himself , who was committed to the gate house by another warrant , signed by the earl of danby , sir ioseph williamson and others , on the th . of october . and there detained from all his own private affairs , all the whole michaelmas-term ; the judges of the kings-bench bar refusing to take bail , which was ready in court , upon the return of several writs of habeas corpus , but still the said carew was re-manded back into custody at the instance of the kings attorney general , and sollicitor general ; until he should comply with the said ambassador's desires ; who by his secretary demanded , that the said carew should acquit all his pretences whatsoever , in a most solemn manner ; as appeared by the affidavit of mr. robert ayleway , the copy whereof hereafter follows . a perfect copy of mr. ayleway's affidavit . robert ayleway of london gentleman , maketh oath , that he , this deponent , adressed himself , with two several petitions from george carew esq the copies whereof are hereunto annexed , and are true copies , as he this deponent believed , the one to the king and councel on the th . instant november , and the other to the dutch ambassador on the th . instant , both importing the said carew's liberty , out of his restraint in the gate-house . and this deponent as to the first , he delivered it into the kings own hand , at the council board ; whereupon it was ordered the same evening , that mr. carew should be discharged upon the ambassadors certificate that he is satisfied , or to that effect ; then this deponent delivered the other petition to the said ambassadors secretary the next day following , who read the said petition , and said it was well , and told the deponent that he would shew his excellency the said petition , and speak to him about it , and this deponent should receive his answer thereupon the next day at white-hall , if this deponent would meet him there , which he this deponent accordingly did , and after some conference and debate of the matter , the said secretary told him , this deponent , in the presence of mr. robert coke , and other gentlemen , that his excellency was not satisfied ; and now the said carew must lye in prison , untill he hath satisfied the world , that he hath abused the states , and that he hath no title to any such pretentions ; and that his excellency expected that mr. carew should quit his pretentions in such an extraordinary and solemn manner , that there should never be the least mention made of them again , and repeated the same several times over , or words to that effect . and at last , said , i might be assured that it was expected , and would be insisted upon ; so that it was in vain to make any further application , unless he would , ( meaning mr. carew ) quit his pretentions . robert ayleway . jurat : die novembris . coram me . william wilde . so the said carew was continued in prison , until he was forced to subscribe a paper drawn by mr. secretary williamson , worded to this effect , that the said carew had caused the said ambassador to be cited by two orders of the councel-board , and also caused the said orders to be printed without licence , for which he asks his excellency pardon ; upon which he was discharged , paying serjeant dike his fees. afterwards the said paper was caused to be printed , and most scandalously fixed upon the exchange and white-hall-gate , pretending to vindicate the dutch ambassador ; who got neither credit nor honour by this transaction , from any intelligible persons , either upon the exchange , or even amongst the dutch congregations in london , and elsewhere in england . in this juncture of time , the creditors and petitioners could not be heard at councel-board , upon the said two orders ; a new alliance by a marriage being in agitation , between the prince of orange , and the lady mary , the duke of yorks daughter , which was promoted and effected by the earl of danby's procurement , ( as the author of the impartial state of the earl of danby's case affirms ) for rooting out the french interest at court , and securing the protestant religion . then a small memorial in writing , of the services of sir william courten , and sir paul pyndar , for the crown of england , was delivered into his majesties own hand , and several lords of the council-table ; but not to lay any stress upon that , ( as to the merrits of the forraign causes , in the two orders of council ) being honorary ingagements upon the crown , and incumbant upon the king , his heirs and successors , for debts , contracted , for diamonds , and other jewels of the crown ; as also for vast sums of money , after the return of sir paul pyndar from constantinople ; where he had served king iames , and the turky company , eleven years , as ambassador to the grand seigneur , and much improved the levant trade ; which debts are still owing , yet nothing would procure so much as a conference , or the least overture of any satisfaction or reparation for the bona esperanza , &c. the states general having made peace with france , and in a common alliance with their confederats at algiers ; the creditors and proprietors concerned in the letters patents for reprizals aforesaid , in the month of april . looking upon it then a very seasonable opportunity to repair themselves , the dutch being at peace with all the world , ( a season that no common claymours could appear . ) whereupon they resolved to equipp , and set forth three several ships and pynaces , in pursuance of the authority granted , as aforesaid , and to that end and purpose concluded upon the ships names , the commanders , viz. captain compton , gwyther , captain reger hawkshead , and captain thomas wood , with their number of men , guns , and victualling , and entered the same in the admiralty accordingly . captain tyrence byrne , being appointed for one ship ; while he was fitting himself with men and ammunition , the sails were taken away by an officer , pretending he had a lawful warrant for the same , from the lords of the admiralty ; as also to arrest richard chappel master of the ship , who was forced to give bayl , to answer a charge as a criminal ; and the said george carew , having a summons from sir lyonel ienkins to appear at the councel-board on the th , of may . he appeared , and delivered this petition following , into the hands of the right honourable iohn earl of radnor , lord president of the councel . to the kings most excellent majesty , and the lords of his most honourable privy council . the humble petition of george carew esq administrator of the goods and chattels of sir william courten , and sir paul pyndar k t s . deceased ; with their wills annexed , and thomas coppin esq on the behalf of themselves , and divers others , interested and concerned . sheweth , that in pursuance of two several orders of the council-board , dated the th . of july . your petitioners , and other proprietors interested , have often attended with their councel learned in the law , to be heard concerning relief for the matters therein contained according to iustice , and common right ; humbly praying that the ambassador of the states general , resident in england , might have notice thereof , to make what defence he could by his advocates , or others , against your petitioners just complaints ; but to this day your petitioners could not be heard , although several times were assigned for that purpose . your petitioners do therefore most humbly pray , that your majesty would be most graciously pleased to appoint a peremptory day , that your petitioners may be heard at the council-board , and that the dutch ambassador may have notice thereof , from one of the principal secretaries of state , with copies of the said orders , to make what defence he can , by his advocates or others , if he please , that right may be done according to the merits of the cause . and your petitioners shall ever pray , &c. george carew . thomas coppin . the said petition being ordered to be read , and sir philip lloyd clerk of the councel , having read the same accordingly , on the th . day of may . the lord high chancellour was pleased to tell mr. carew that he should not be heard , but that he and others , that offered to put the said letters pattents , or any commissions derived from thence , in execution , should be hanged as pirates . and notwithstanding , the said george carew informed the councel-board , that two or three ships were out upon the coast of spain , and other parts ; in pursuance of certain articles and agreements , between him and the creditors ; yet nothing would prevail for a hearing upon the petition , or upon the former order of councel aforesaid ; but this new order was made ex parte , upon a memorial given in by the dutch ambassador ( stuft with impertinent falsities ) as follows . at the court at white-hall the th . of may . present . the kings most excellent majesty . his highness prince rupert . lord archbishop of canterbury . lord chancellor . lord president . duke of albemarle . marquess of worcester . earl of ossory . lord chamberlain . earl of bridgwater earl of sunderland . earl of essex . earl of bathe . lord bishop of london . mr. hide . lord chief justice north. mr. finch . mr. secretary ienkins . mr. chancellor of the exchequer . sir thomas chicheley . mr. godolphin . this day a memorial presented to his majesty by his excellency the ambassador extraordinary from the states general of the united provinces , was read in council , setting forth , how that according to information given upon oath , sir edward graves k nt . and george carew esq were equipping and arming a small frigat called the mary , under the command of tyrence byrne , to be imployed against the subjects of the states general ; and particularly to surprize and seize the ship called the emperour , wherein a part of the said lord ambassadors equippage was imbarqued in order to his return to his own country ; which equipping and arming was by colour of a commission or letter of reprizal , bearing date the th . of may , in the th . year of his majesties reign that now is , and granted in favour of the creditors of sir william courten , and others ; and praying that the said letters of reprizals might be revoked ; his majesty considering that the said commission was suspended by his majesties proclamation , bearing date the th . of august . for divers great and notable misdemeanors committed in execution thereof , and that by the treaty of peace and alliance , made with the states general of the united provinces at breda , the of july . it is agreed that all suits and pretentions , that the subjects of his majesty or the states general , might , or could move or prosecute one against another , for any matter or thing before the date of the said treaty , shall remain void , obliterated and disanulled ; and that all letters of reprizal , marque , or countermarque , both general and particular are by the said treaty inhibited and revoaked ; which said treaty was restored in its former uigour , and confirmed by a subsequent treaty made at westminster in the month of february / / . by which treaties all letters and commissions of reprizal , are intirely revoaked and annulled . his majesty likewise foreseeing of what mischievous consequence it would be to all his loving subjects , if the states general upon the execution of the said letters of reprizal ( contrary to the meaning of the said treaties , and after the anulling of them by the same , ) should grant letters of countermarque against the said subjects , and their goods , to the hindring of commerce , and the ruine and dammage of many particular men , although unconcerned in the case of such reprizal . his majesty doth therefore hereby order sir creswel levins his majesties attorney general , to prepare the draught of a supersedeas to pass the great seal of england , whereby the said letters of reprizal may be in due form of law superseded , revoked , and declared to be void , and determined , to all effects and purposes whatsoever ; to the end the states general may rest satisfied of his majesties care to have his treaties duly executed , and that it be made known , and may appear of record to all his loving subjects , that the said letters of reprizal are revoaked , and declared void ; to the end also that none may hereafter presume to act by vertue thereof ; and if any do that , they may be proceeded against as pirats , acting without commission , and as infractors of the peace and alliance , between his maiesty , and the states general . a true copy ex. francis guyn . it may be remarqued from hence , what dangerous consequences would attend the subjects of england , in their estates and properties , if such an order of the councel-table , should be of force to supersede a iudicial grant upon record , under the great seal of england without a scire facias , or hearing the parties , or to discharge and release particular mens-rights and interests , in the hands of forreigners upon private , and land-contracts in trade and commerce , without any restitution or satisfaction for the same ; under such presidents no man can be safe . it 's very remarkable , that civil actions and pretences , for several matters and things , were not obliterated , or made void by the treaty at breda , as appears by several presidents of both sides in the courts of judicature , at the hague , amsterdam , and middleburgh , ( viz. ) by the cause in the supream court of judicature , between james boeve and the heirs of peter boudaen , depending many years before the treaty at breda ; and prosecuted several years after to a definitive sentence ; and by other actions in zealand that had long depended before the treaty in the zerick-sea , which were prosecuted afterward , by sir william lower , john monson , and roger ravon who obtained several sentences and executions thereupon : the like at amsterdam at the suit of sir richard ford , upon actions for assurance , depending before and after the treaty ; likewise upon several actions depending at midleburgh , against peter boudean and his heirs , at the suit of george carew , upon merchants accompts as aforesaid , and legacies ; whereupon boudaens exceptions were over-ruled by the magistrates and iudges there , in the year . and sentence given , that the defendants boudaens should positively answer to several charges , in the said plaintiff carew's bill , which they had delayed so many years together . and by a later president in amsterdam , upon two several actions brought against george carew , in the year . at the suit of paulus buys an advocate , and arnold vingbooms , a proctor of the said city . buys for gilders and a stivers , and vingbooms , for gilders and stivers , for fees and salaries , in a cause renvoyed from the hague , ( depending many years before the treaty against jacob pergens upon an obligation for l. lent by sir william courten ) unto which actions of buys , and vingbooms , the said carew having appeared by alexander rynd his proctrr : the escheevens or judges there , viz. mr. david de wilhem , hendrick becker . mr. cornelis cloeck . joan appelman : mr. everart scott de jonge . dr. dirk boelensz . lieve van loon. jan van dijck . mr. jacob popta . gave sentence against the said carew , for the said monies and costs , which were levied by execution upon the said carew accordingly , as by the proceedings in the said court at amsterdam appears . notwithstanding at the same time the said iudges were daily sollicited to pronounce sentence against the said pergens , in the original action ( which they refused to do , ) upon the said obligation ; in which cause the said fees and salories , were recovered by buys and vingbooms , and also upon his covenant for . sterling , with dammages in another action brought in the same year . against the said pergens , by mark fletcher merchant , for monies received by pergens in trust for mr. courten and his assigns , but the said iudges possitively denied to pronounce any sentence thereupon ; in regard the states of holland , ( at pergen his request , ) had by express order as aforesaid , dated the th . of september . peremptorily prohibited them from doing any iustice therein , alledging , that moving upon the said actions , and pretences , were publick breaches of the peace , concluded in the year . and , and so the said causes remained in statu quo ever since upon the said extrajudicial order . the said boudaens having also taken advantage thereof , contrary to all equity , reason , and good conscience ; and even to the presidents of their own courts of iustice : which were no small reflections upon the great interest of his majesties honour , and the reputation of his kingdoms and dominions , being taken notice of by all forraign ministers at the hague , and merchants of other nations , resident in amsterdam . it 's remarkable that the greatest ministers of state , are subject to gross errors and mistakes ; for that in the first proclamation dated the th . of august . mentioned in the order aforesaid ; it 's recited in the said proclamation , that divers great and notable misdemeanours were committed by sir edmond turnor , and george carew , and their assigns ; and in the month of september following , by an order of the council-board , sir edmond turnor was cleared , as a person never acting in the said commission , his name being used only in trust , and that mr. carew as administrator and assignee of sir william courten and others , solely prosecuted that affair ; and so sir edmond turnors innocency appeared , upon hearing the matters of fact , contained in his petition ; and after they had proclaimed him guilty , ( without calling him to answer for himself , ) it was published in the london gazet , for an unadvized resolution ; or a hasty mistake . memorandum , that sir ieffery palmer who was directed to make a draught of the said proclamation ; refused to do it , so then sir heneage finch , sollicitor general ( for the time being ) very readily and officiously did the same . some further reasons and arguments , offered in defence of the administrators , assignees , and creditors of sir vvilliam courten , and sir paul pyndar . queen elizabeth gave it in charge to all her ministers of state , that they should have a care of her honour , which she held as a iewel so incomparable , that nothing was esteemed more sacred in her eyes , then her honour and reputation . if any person should now question the legallity , the iustice , or the equity of the kings grant , under those conditions and limitations in the letters patents for reprizals contained ; they would not only arraign the wisdom and iudgment of the most reverend and learned ministers and officers of state , and trust in the kingdom , under whose hands the grant passed ; but lessen the kings prerogative-royal , in the protection of his subjects . the acts of parliament expressly declaring , that the injured persons shall have the law of marque without fraud or delay ; the hollanders , zealanders and other merchants strangers , having complained of the old law ; and craved exemptions from the writ in the register following in these words . rex ballivis villae de lenn . episcopi salutem , ex gravi querela dilecti nobis s. accepimus , quod cum ipse nuper apud c. partibus de spinia in villa de c. causa mercandisandi moram traxisset , & bona & cattalla ad valentiam centum librarum emisset . i. & t. & alii malefactores dictae villae mercatores de dictis partibus de s. praefatum s. apud dictam villam de s. vi & armis ceperunt & imprisonaverunt & bona & cattalla sua praedicta ab eo abstulerunt , & alia , &c. ei intulerunt * contra legem & rationem , in ipsius s. damnum non modicum & depauperationem manifestam . et licet idem s. adsumptus non modicos penes dominos partium illarum fuerit prosecutus pro justitia super transgressionibus praedictis habend . ipse tamen non potest justitiam inde obtinere , sicut per quosdam fide dignos , qui tunc temporis in dictis partibus extiterunt , coram nobis est testificatum , super quo nobis supplicavit ut sibi de remedio providere faciamus . nos ad testimonium praedictum considerationem habentes , nec non injuriore de pauperationi ipsius s. compatientes in hac parte ; vobis mandamus , sicut alias mandavimus , quod corpora praedictorum t. & i. si ipsi seu eorum aliquis in praedicta villa de lenn : inventi fuerint , nec non bona & cattalla , ad valencia quadraginta librarum quam citius ibidem inventa fuerint arrestari , & sub arresto salvo custodiri fac quousque praedicto s. de transgressione praedicta , ac de damnis & de perditis quae occasione praedicta sustinuit , fuerit satisfactum . mandavimus etiam , ballivis villarum magnae yernemouth , quod ipsi ad valentiam quadraginta librarum de bonis & cattalis praedictorum t. & i. ac ceterorum praenominatorum una corporibus eorundem quam citius in ballivis suis inventi fuerint arrestari , & sub arresto hujusmodi custodiri faciant , quosque praedicto s. de transgressione & damnis , ac de perditis praedictis in forma praedicto fuerit satisfactum . t , &c. the ancient laws of england , in the case of spoyls , were grounded upon right reason ; for that every english man , living here in an island , had not moneys to right himself against forraigners , in their own country , so often as they would take advantage by injuring them to make their own markets ; neither could an english man expect to find iustice abroad without delay , where the offenders ( for the most part ) were parties and , iudges themselves . but when the persons , or goods of merchants strangers , were once arrested , or attached here , they would find means suddainly to retaliate their dammages at home , upon the offenders : even as at this time , if a fisher man should be attaqued at sea , for the east-india companies 〈…〉 in the towns of holland and zealand , would quickly make the east-india companie , or their directors in the chambers at amsterdam and middleburgh refund their dammages ; or otherwise they would dde wit them , or pull down their houses in that popular , and tumultuous government . now i appeal to all unbiassed and impartial men , whether iudicial grants under the great seal of england , made pursuant to the laws and statutes of the realm , obtained by such steps and measures mentioned in the body of the grant , for reprizing the l . with damages , ought not to have the effect of the law , by seizing the value or by composition ; notwithstanding any such extrajudicial acts or proclamations , and pretended supersedeas . the laws of england having so secured the distinct rights , and properties of the subjects , that it is not in the kings power , by any act of state ( unless by parliament ) to dispose of his subjects goods . or whether there was any necessity , ( the dutch ambassador the here van leuven affirming that the pattacones were given , to take off the durable grant for reprizals by which the hollanders were bound ) that three parts of the pattacones should be assigned to the prince of orange for old debts ; and no part to the proprietors of the bona espranza ; nor for the great diamonds , sold to the late king by sir paul pyndar , ( not yet paid for ) pawned by the late queen , for half the value in amsterdam . jure naturae equam est neminem cum alterius detrimento & injuria fieri locupletiorem . there lies a necessity upon the creditors , to let the world know quod defertur non auferter ; and that both nations concerned , may remember they did not only smart , but bleed for the iniquity and ingratitude of the times , wherein the grieved and oppressed could finde no relief . it is necessary also to remember that sir albertus joachimy the dutch ambassador , resident in ordinary in england anno. . had notice given him of the monition out of the high court of admiralty , fixed upon the exchange ; that several persons were upon examination in perpetuam rei memoriam , to prove the spoyls and dammages of the bona esperanza , with the loss of divers marriners lives ; but the said ambassador would make no defence therein , but suffered iudgment pro confesso by default . although fellony be pardonable by the prince , the trover is not , even as in the case of murther , but not the appeal ; the subject hath a natural liberty at his own suit to take his remedy , otherwise all right and propertie might be destroyed . it 's granted , that the king may by his prerogative , make a necessary garrison in time of war , in any of his subjects houses , castles , and lands , for the common defence , and protection of his people ( making compensation . ) but a great lawyer and privy councellor , would affirm , that the king having the power , of peace and war , may grant away a subjects castle , or other his freeholds in a publick treaty , without any satisfaction or price , which is against the law of property ; and not warrantable by any reason of state. conclusion . vvhen i consider the sorrows and sufferings of the said george carew , and iames bo'evc in holland , and zealand ; whereof i was an eye witness . i cannot mention their names in england , without grief and wonder ; finding them groaning under troubles and oppressions at home , in ascerting their rights and properties , ( like true englishmen ) who i am confident at the same time , would sacrifice their lives and fortunes for the crown of england . the case of the bona esperanza being prosecuted from the year . to . reduced to a certainty under a grant for reparation in the year following , could not be violated without a breach of trust , yet suddainly suspended for reason of state ; the king wanting seamen in the summer , and the dukes privateers , seamen in the winter . in more seasonable times the creditors were obstructed by seizures , arrests , proclamations , orders of council , imprisonments , and pretended supersedeas's ; all against the known laws and liberties of the subjects , while the proprietors of the bona esperanza , during all those arbitrary prosecutions against them , had not the least overture for their reparation ? or once admitted to a hearing at the council table for their relief ; after mr. carew had to my own knowledge expended six thousand pounds and upwards , in the said cause ; having at this time all his estate in london and richmond , mortgaged to sir iames butler of lincolns inn , and thomas coleman esq for l. sterling , and had paid interest for the like sum , ever since the year . to mr. iohn holwerthy , mr. letton , mr. iohn foche , edward holmewood , and others , eminently known in the city of london . the estates of sir william courten , and sir paul pyndar , being indebted l. to the said carew , in right of his first wife , the only daughter of mr. william walton a turkey merchant ; whose cause with the others interested and concerned , being now brought home to this parliament for justice ; they cannot despair of a seasonable redress according to the measure and nature or then grievances and opressions . i must not omit therefore in this conclusion , to give a short abstract of the most arbitrary and unjust sentence , pronounced in the court of admiralty in england for l. damages against sir edmond turnor , george carew , tyrence birne , and ionathan frost , at the instance of iacob neitz , and others , which was confirmed by the judges delegates , and adjuncts , in hillary term . the case and unjust sentence upon it . in the year . admiral de ruiter having taken an old fly boat , of . tun , dutch built named the mary of bristol , belonging to several merchants of that city , bound homewards from barbadoes , with sugars , cotton , indigo , &c. the said ship and goods so taken , were condemned by the admiralty court in amsterdam , as free prize to the states . in the year . the said ship being set forth from amsterdam to sea , by the name of the godileive of brugit ; under the colour of iacob neitz , andreas vanden bogaerd , michael vander plancken , merchants of brugis , and others , as owners upon a voyage to france for wine , brandy , and salt. captain tyrence byrne commander of a small frigat named the royal , having a commission from the said george carew , persuant to the letters patents aforesaid , for reprizals against the dutch , seized the said ship near port-land bayin the month of iuly . laden with wine salt and other goods from france , bound for amsterdam as by the bills of lading appeared . the master and seamen being examined by mr. exton the mayor , and other magistrates of chichester , upon a commission sent by mr. suckling , out of the admiralty court , at the instance of ionathan frost , part owner of the royal frigat , the whole ships company confessed themselves to be hollanders , and zealanders born , that the ship was taken by de ruiter under the circumstances aforesaid , and that they were bound for amsterdam , the goods being assigned to merchents there . whereupon sir lyonell ienkins decreed , that there was good cause of seizure , and condemned the pietended owners of the said ship godileive in expences but in regard one peter gerrard a french-man appeared by mr. francklin his proctor , and claymed the said ship and goods , in the names of the said iacob neitz and others , the king of spains subjects , the judge ordered and decreed , that upon payment of the costs aforesaid , and giving bayl to abide the sentence of the court , upon hearing the cause ; that then the ship and goods should be delivered to the claymors , ( unto which the captors consented ; ) but gerrard refusing to do the same ; arrested the captain in an action of l. valuing the ship and goods at that rate , and the captain being committed thereupon to the marshalsea , gave sufficient bayl to the liking of the said gerrard , and his proctor ; who neglected to proceed thereupon ; but upon new examinations of the master and seamen , exparte , procured a sentence for discharging the said ship and goods , and a writ of restitution , whereupon the vicadmiral and the customhouse-waitors , ( in whose custody they were ) delivered the same accordingly . then finding some imbezelements of the salt and wine in the port of chichester , and other damages by lying so long in dispute ( through their own default , ) gerrard and francklin , depending the process against byrne , exhibited a lybel joyntly against sir edmond turnor , george carew , tyrence byrne , and ionathan frost , in the names of iacob neitz and the other claymors , and procured an arbitrary and unjust sentence against them all , for l. damages , in spoyling their voyage ; and imbezealing their goods ; from which sentence sir edmond turnor , and george carew appealed by themselves to the king in the high court of chancery . whereupon the lord keeper bridgeman , appointed the lord chief iustice rainsford , iudge wilde , iudge windham , and baron littleton , ( as adjuncts ) with sir richard lloyd , sir timetly baldwin , sir edward low , dr. pinfold , dr. trumbal , dr. digby , and dr. briggs , or a competent number of them by commission to re-hear and determine the same ; but the judges upon several debates , being divided in their opinions , concerning the law of england , in cases of personal injuries ; and that turnor and carew ought not to suffer for the trespass of another ; the case depended undetermined until the year . then one peter victorine appeared for the claymors ( peter gerrard being run away , ) and procured the commission to be renewed by the lord high chancellor , who appointed the lord chief iustice north ( who had denied a prohibition in the case ) in the room of justice rainsford ; and said the cause of appeal being appointed to be heard at serjeants inn in chancery lane , on the th . of march . sir francis winnington , sir thomas exton , mr. thursby , and mr. molloy , being of council for the said turnor and carew , insisted ( as the truth was ) that no proof appeared in all the process transmitted against them ; and that upon the said neitz vander plancken , &c. their own shewing , the imbezelements were done in the port of chichester after the capture , which was in the body of the county of sussex , and therefore tryable at the common law by jury ; the admiralty having no jurisdiction therein ( several statutes in the time of king ric. . edw. . and hen. . expresly forbidding those incroachments upon the common law of england . ) yet the lord chief justice north over-ruled all that was offered , and confirmed the said unjust and arbitrary sentence , and signed the same ; whereupon judge wild and the rest followed , and did the like . the sentence and confirmation being brought ready drawn , and ingrossed in parchment , by the said francklin , for that end and purpose , who caused the said judges to admonish the said carew , being then present , to pay the said l. cum expencis , before the first day of easter term following ; against which sentence , confirmation , and admonition , the said carew protested openly before the said judges , as erronious , arbitrary , and unjust ; and also appealed to the last parliament for a nullity thereof ; as also for caution for his costs and charges unjustly sustained and to be sustained therein , ) to be given by mr. foot a merchant in rood lane , and mr. hungerford , who after victrine died insolvent , appeared for the said claymors ; and likewise for satisfaction of l. with interest from mr. william walker a gouldsmith , detained in his hands from the said carew , ever since the th . of iune . under pretence of being obliged to the said peter gerrard upon the said carews appeal from the first sentence . but the parliament being dissolved , the whole matter depends in statu quo , for redress according to the judgment of parliament , the justice and equity of the nation . finis . notes, typically marginal, from the original text notes for div a -e an. . an. . an. . an. . an. . an. . . august . old stile . referrees , lord arlington , lord ashley , mr. treasurer , mr. secretary trevor , sir john duncomb , register of writs . register of writs . de arrests facto super bonis mercatorum alienigenium pro transfacta mercatoribus angliae . * ☞ by the king, a declaration of orders made by the gouernour and company of merchants of london, trading to the east indies concerning priuate trade, to, in, or from the said indies, ratified and allowed by the king, and by his maiesties consent may bee printed for the better publication thereof. england and wales. sovereign ( - : charles i) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a declaration of orders made by the gouernour and company of merchants of london, trading to the east indies concerning priuate trade, to, in, or from the said indies, ratified and allowed by the king, and by his maiesties consent may bee printed for the better publication thereof. england and wales. sovereign ( - : charles i) charles i, king of england, - . broadside. by bonham norton, and iohn bill ..., imprinted at london : [ ] "dated the th of march, , in the east india house, london." date of publication suggested by stc ( nd ed.). restricts private trade by company employees. reproduction of original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. great britain -- history -- charles i, - . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion c r diev et mon droit . royal coat of arms ❧ by the king. ¶ a declaration of orders made by the gouernour and company of merchants of london , trading to the east indies , concerning priuate trade , to , in , or from the said indies , ratified and allowed by the king ; and by his maiesties consent may bee printed for the better publication thereof . whereas vpon the humble complaint of the gouernour , and company of merchants of london , trading to the east indies , it hath pleased his maiestie by his royall proclamation , straitly to prohibite all priuate , or vnderhand trading , either to , in , or from the said indies , otherwise then shall be allowed and licensed by the said company , for the important causes and reasons therein at large expressed , and vnto which in all occasions , relation must and may be had . the said gouernour and company , for the better encouragement of all such persons as now are , or hereafter shall be employed by them in their ships and voyages , as commanders , factors , captaines , masters , officers , mariners , or souldiers , and notwithstanding the extraordinary great wages , which they are accustomed to pay in their imployments , the sayd company is also content , and doth hereby declare , and giue licence vnto all , and euery person or persons aforesaid , to aduenture and trade for their proper and priuate accompts , either to , in , or from the said indies , vpon shippe or shippes , wherein they or any of them are , or shall be personally imployed in such wares and merchandize onely , as here vnder are expressed , both for the quantitie and quality of the same . ¶ and first the wares or merchandize which are ( as aforesaid ) to be exported in the companies ships , to the east indies , are as followeth . perpetuanoes , drapery . pewter . saffron . woollen stockins . worsted stockins . silke stockins . silke garters , and ribband roses edged with gold lace . beaues hats , with gold and siluer bands . felt hats . aquauitae , and all other sorts of strong waters . kniues of all sorts . spanish leather shoes . iron . looking-glasses . ¶ the wares which are licenced as aforesaid , to be brought into england , in the companies shippes from the east indies , are as followeth . long pepper . white pepper . white powdred sugar . preserued nutmegs . preserued ginger . preserued mirabilons . beezer stones . cotton yarne . drugs of all sorts . aggat beades . blood ▪ stones . muske . alloes soccatrina . ambergreece . rich carpets of persia and cambaia . quilts of satten , and of taffaty , and of painted callicoes . beniamin . damaskes of china . sattens of china . taffaties of china . quilts of china imbrodered with gold . quilts of petania imbrodered with silke . galls . wormeseeds . sugar candie . china dishes , or purslaines of all sorts . but for cloth , kersies , lead , tinne , and all other wares whatsoeuer , not mentioned , as aboue written , either natiue or forreigne , seruing for the voyages , into the sayd indies , or for the relading of the sayd shippes from thence into europe , they are wholly reserued to the onely vse , accompt , and aduenture of the said company . and it is further declared , that each particular man imployed in the voyage , as afore written , may lade and aduenture , for his owne priuate and proper accompt , in the wares and merchandize afore written , and not otherwise , so much onely as can be packed in one chest of foure foote long , one foote and a halfe broad , and one foote and a halfe deepe , and to the commanders , factors , captaines , masters , pursers , and masters mates of euery shippe , is granted a double proportion , that is to say , two chests of the said length , depth , and breadth , vpon such conditions , for the lading and vnlading of all the said goods in the places appointed , as are contained in the said proclamation . and the said companie doe further promise , that they will not demand , or take any freight for the merchandize which shall be laden or reladen in their shippes , as afore written , but will freely giue and bestow the same , to each particular man in their proportions , although it will amount to a great summe of money in euery voyage of this nature , where the freight cannot be valued lesse then forty pounds sterling for euery tonne . lastly , the said company doe in like manner grant and licence the sayd proportion of priuate trading , and no more , to each particular man , as aforesayd , from port to port in the east indies , in whatsoeuer kinde of merchandize , excepting onely those sorts of commodities , which at any time hereafter shall be laden for the accompt of the sayd company in the same shippes , where any such priuate trade shall bee permitted , after warrant first obtained vnder hand writing , from the presidents , or other chiefe factors , which mannage the affaires of the sayd company , in the respectiue places of the east indies , that so all may bee done and performed according to the tenor and true meaning of these orders , declared and published in the house of the said company here in london , and in other conuenient places , and sent likewise vnto all their factories in the east indies , together with his maiesties sayd proclamation to preuent ignorance in any person or persons to whom it may or shall appertaine . dated the th of march , . in the east india house , london . ¶ imprinted at london by bonham norton , and iohn bill , printers to the kings most excellent maiestie . the case of the governour and company of merchants of london, trading to the east-indies, humbly represented to the lords spiritual and temporal, in parliament assembled. east india company. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing e bb estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of the governour and company of merchants of london, trading to the east-indies, humbly represented to the lords spiritual and temporal, in parliament assembled. east india company. blackborne, robert. , [ ] p. s.n., [london : ] signed at end: robert blackborne, secretary. caption title. imprint from wing. identified on film as wing c (number cancelled). reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- legal status, laws, etc. -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of the governour and company of merchants of london , trading to the east-indies , humbly represented to the lords spiritual and temporal , in parliament assembled . may it please your lordships , the present east-india company are intituled to the trade to india , by several charters granted by the kings , and queens , of this realm . they were first incorporated near one hundred years ago , viz. eliz. which charter gave them power to trade to the east-indies , exclusive of all others , by a joint stock , for fifteen years : and that noble princess gives , as a reason , for her settling this part of our traffick under such an establishment , that 't is for the honour of england , for the increase of navigation , and the advance of trade . which words are repeated in all subsequent charters . in the next reign , viz. jac. . there was a charter granted to them , reciting that of queen elizabeth , and setting forth the great success of the company , and the honour and profit , this traffick brought to the kingdom . this charter confirms the former : but whereas before they were incorporated only for fifteen years , king james the first , by this patent , upon experience of the benefit this trade produced in the nation , erects the company into a perpetual body politick . afterwards , viz. car. . , there was a charter granted to them , with the like recital , of the great benefit accruing to england , by the trade to those parts ; and which confirms their former priviledges , with these clauses among others , that they from henceforth forth for ever be , and shall be , one body corporate and politick , in deed and in name , by the name of the governour and company of merchants of london , trading into the east-indies : and them by the name of the governour and company of merchants of london , trading into the east-indies , one body corporate and politick , in deed and in name , really and fully , for ever , for vs , our heirs and successors , we do make , ordain , constitute , establish , confirm and declare , by these presents : and we have condescended and granted , and by these presents , for vs , our heirs and successors , we do condescend and grant unto the said governour and company of merchants of london , trading into the east-indies , and their successors , that we , our heirs and successors , ( during all the time that these our letters patents shall be , and remain , in force , as aforesaid ) will not grant liberty , license or power , to any person or persons whatsoever , contrary to the tenor of these our letters patents , to sail , pass , trade or traffick , to the said east-indies , or into , or from , any the islands , ports , havens , cities , towns , or places aforesaid , or any of them , contrary to the true meaning of these presents , without the consent of the said governour and company of merchants of london , trading into the east-indies , or the most part of them . subsequent to this , viz. car. . they had another charter ; whereby the inheritance of the island of bombay , is granted to the company , and they are thereby , for ever , made and constituted the true lords and proprietors of it . and this grant has incouraged the company to expend , out of their quick stock , very great sums of money , from time to time , to fortifie the said island , which is one of the principal securities of their effects , and of the english ships trading thither . the company have since had other charters . that of car. . takes notice , that sancta helena , which had been granted to them , was taken during the then war ; which , by being retaken by the king's forces , became vested in the crown . this charter therefore regrants the perpetual propriety of sancta helena to the company : and in fortifying this island , for the future benefit and security of english traders , they have likewise expended considerable sums . they had another charter , jac. . which recites the other charters , and the benefits arising to the nation , from the trade ; and confirms to them their former priviledges and immunities . the grants here recited , did induce the adventurers to think , that they had a right , in law , to the trade ; at least , that they should have an uncontroverted title to the land of inheritance , the towns , forts and castles , rents and dues , purchas'd in india with their own money : upon which presumption , and relying upon the publick faith , and credit of the great seal of england , for the preservation of their property , they have since the year , expended upwards of a million , as they are ready to make appear , in extending their territory , and in fortifying several places , for the greater ease and safety of their factors . all which they did , in order to preserve their factors and servants from the insults of the natives , and the incroachments of european traders , and to render the trade more lasting to this kingdom . and in prospect of this right , which they humbly hop'd would never have been disturbed , they have acquired , at such their expence , revenues at fort st. george , bombay , and at fort st. davids , in persia , and elsewhere , of above l. per annum , which are daily increasing , and a large extent of lands in the respective places . they have also erected divers forts and settlements , and procur'd territories in the island of sumatra , and in the queen of attinga's country , and elsewhere , on the coast of malabar ; without which , the pepper trade must have been intirely lost to england . and they have erected a strong fortification in bengale , with several factories , some of them fortify'd , and many buildings and settlements , in divers other parts , within the limits of their traffick : and they have purchas'd of the indian princes , and others , at a great rate , many priviledges and immunities . all which they were incourag'd to do , out of a firm belief that their said rights and inheritances , upon all occasions , would be objects of the publick care. since his majesty's happy accession to the throne , in several committes of the honourable the house of commons , appointed to consider of the east-india trade ; and in committees of the whole house , and by the house , as also by your lordships , it has been declar'd , that the east-india trade should be carry'd on in a joynt-stock exclusive to all others . during the transaction of this matter in parliament , his majesty was pleased to signifie , in a message to the house of commons , of the th of november , that upon examination of the charters , and consulting with his judges , and learned council , his majesty found that he could not legally dissolve the company , but upon three years warning ; and that during the three years , after warning , the company must subsist , and might continue to trade : and that though the king might constitute a new company , yet he could not impower such new company to trade , till after three years : the crown having expresly covenanted , not to grant any such liberty . hereupon his majesty was very apprehensive of the ill consequence of giving warning to the company , because they would then be less solicitous of promoting the true interest , and advantage , of a trade , whereof they would not long reap the fruits : and that no new company could be immediately admitted to it . so that this very beneficial trade , which is already so much impair'd , might be in danger of being intirely lost to the nation . and in the close of his message , upon that occasion , his majesty was graciously pleas'd , to recommend to the house of commons , the preparing such a bill , in order to pass into an act of parliament , as might establish this trade , on such foundations , as were most likely to preserve and advance it . after this , the interlopers started a suggestion , that the companies charter was forfeited , upon the non-payment of the first quarterly assessment , of per cent. charg'd upon their whole stock , though the companies agent , upon the day limited by the act , viz. the th of march , went up to the exchequer , in order to pay it in ; but found the exchequer not open , the same being an holy-day , and the printed act not being publick till that morning . 〈◊〉 enemies of the company , designing to take this advantage over them , they did , with all humility , apply themselves to the king ; and his majesty , weighing in his princely wisdom , that the uncertainty of the companies affairs , might occasion the total loss of this rich trade ; and in his goodness , commiserating the losses , about that time , sustain'd by them , he was graciously pleas'd to give them assurance , on the th of may following , that no advantage should be taken of their forfeiture , the attorny general having then orders , to draw up a new charter . and it appearing , that his majesty was graciously dispos'd , to grant the company a charter , there were petitions exhibited against it , by the interlopers ; and the matter was contested many days , before the queen and council , and every article of the intended regulations was weigh'd , and consider'd , with great deliberation . this business being in debate , from march , to the th of october following ; at which time the charter had the seal , with a proviso , that if the said company did not submit , and conform , to such alterations , restrictions , and qualifications , as the king should make , before the th of september following ; it should be lawful for his majesty , to revoke the said charter . on the th of november , the parliament met , and on the th following , the company had a new charter of regulations ; which in most material points , was fram'd pursuant to the regulations formerly propos'd in parliament . upon the security of this charter , the company consented to a new subscription , and there was subscrib'd a-new , into the said stock , about , l. and reduced accordingly to , l. which new subscriptions were made , and the mony thereupon brought in , sitting the parliament . and , during that part of the sessions , in which the , l. were subscrib'd , and paid in , as an addition to the former joynt-stock , for enlarging , and making the trade more national ; nothing was done , said , or offer'd , against the charter of regulations ; on the strength , and credit of which , the new subscriptions were made : so that upon the publick faith , ( at least tacitly given ) new adventurers , of which many are widows , and orphans , did subscribe a large part of their substance , to support this trade , during a hazardous war , for the profit and honour of england . and it having been so frequently resolv'd , that this trade was beneficial , that it was best to be carry'd on in a joynt-stock : and the principal regulations having been pursu'd , which had been propos'd in parliament ; the new adventurers thought they might , without any hazard , subscribe on the security of a charter , which was so plainly design'd by his majesty , to preserve the east-india traffick , then in danger of being lost . and in less than six months , from the date of the said charter , the company did set out eleven ships , richly frighted . and in obedience to an order of his majesty in council , did thereon lade above the value of , l. in woollen , and other goods , of the product , and manufacture , of this kingdom . during the then prorogation of the parliament , it was the pleasure of their majesties , to order a second charter of regulations , dated the th of september , to obviate some objections that had been made . in these charters of regulations , there are many provisions made , for the general benefit of trade , and for the publick weale of this kingdom : particularly , the company is thereby oblig'd , to export to the east-indies , to the yearly value of , l. at the least , in goods of the growth , product , or manufacture , of england ; and to furnish the crown yearly with tun of salt-petre , at the 〈◊〉 of l. s. per tun , in time of peace ; and l. per tun , in time of war : the company are ready to make appear , of what advantage their yearly exportation of woollen manufacture , has been to this nation ; and that they have carry'd out draperies to a great value ; which would not have been exported by any other trade . and it must be owned , that the companies obligation , to serve the crown with salt-petre at such a price , has sav'd the king a great sum , during the last war ; the market-price being generally l. per tun , and upwards . since this time , the company have lost several rich ships , outward , and homeward , bound ; and having born the brunt of the war , and supported the trade , in times of hazard , they well hop'd to receive some returns of profit , in time of peace . upon which account , an intimation having been given , in december last , to some of the court of committees , by persons of considerable rank in the government , that a proposal from the east-india company , to make a loan , might be acceptable , they sounded several members of their body , how they stood dispos'd , to advance a sum of money , in consideration of a settlement , by authority of parliament ; and finding many inclin'd to it , they resolv'd to take the first seasonable opportunity , to lay this matter before a general court ; and accordingly , it was propos'd , and agreed , in a general court of adventurers , for the general joynt-stock to the east-indies , held the th of april , that by settling the east-india company , a loan of , l. may be made ; which proposal is ready to be exhibited to your lordships : and the court pitch'd upon this sum , because it did formerly seem the publick sence , that an establishment might be reasonably granted ( their sufferings by the war consider'd ) for the loan of , l. they were not without some encouragement , to offer this proposal ; but as it has since appear'd , there was privately carry'd on , by the interlopers , a design , of proposing a far larger sum : for some few days after the companies offer of , l. was made , mr. sheppard's proposal of two millions was mention'd ; and on the th of may , tender'd to the house of commons . and ( whereas formerly it has been the constant custom , in farms , bargains , and offers of the like nature , not to close with a new proposal , till the first bidder be ask'd , whether he is able to advance farther ) in this case , the company , notwithstanding their charter , and the right they have to the trade , were early told , without doors , that their proposal should be oppos'd , though they would lay down the two millions in question . however , the company thought it their duty , to do their utmost for the service of the government : and being inform'd of resolutions made by the honourable house of commons , for the raising two millions , on a fund of per cent. with the additional advantage of the trade to the east-indies ; they ( for the preservation of above a thousand families , interested in their joynt-stock ) in a general court held the th of june instant , did agree to submit their present stock , to a valuation of per cent. viz. per cent. for their dead stock , and per cent. for their quick stock ( which they were contented to warrant at the said sum ) and upon these terms they offer'd to open their books for new subscriptions , in order to raise the said two millions : and afterwards , to ascertain the payment of the said two millions , they held a general court on the th instant , in which they agreed to an immediate subscription by private adventurers , of , l. to be paid as the first payment , subject to make good the subsequent payments ; which subscription was accordingly made , by persons of known abilities and substance . and these two proposals , the company is likewise ready to exhibit to your lordships . and the company will presume , humbly to affirm before your lordships , that , from the resolution and chearfulness , which was observ'd among the adventurers , they have grounds of assurance , that the government might have firmly depended upon the performance of such their proposal . but , may it please your lordships ; the company is inform'd , that there is a bill pass'd the honourable house of commons , and now depending before your lordships , which highly tends to the prejudice of the companies charters , and rights thereby granted ; and also to deprive them of the property which they have in lands of inheritance , and other estates and interests in forreign parts , to the value of l. per annum : which bill likewise , by undeniable consequence , deprives them of their possession and right , in several forts and fortifications ; the purchase and improvement of which , have , at several times , cost them above a million of pounds sterling . and they crave leave , humbly to lay before your lordships , that this bill grants to a general society to be establish'd , that from the th day of september , they shall have , use and enjoy , the whole and sole trade and traffick , to and from the east-indies ; and the only liberty , vse and priviledge , of trading and trafficking thither . which grant , the company humbly conceives , to be directly contrary to the tenour of their several charters , viz. of that from king charles the second , dated april the d , whereby there is granted to the company , for the king , his heirs and successors , that they shall for ever hereafter , have , use and enjoy , the whole , intire , and only trade and traffick , to and from the said east-indies ; subject to the conditions therein mentioned . and directly contrary to one other charter from his present majesty , bearing date the th of october , whereby the king , for himself , his heirs and successors , grants to the company , to have , hold , use , exercise and enjoy , the ports , islands , plantations , territories , castles , powers and priviledges , in such and the same manner , as they might or ought lawfully to have held the same by their former charters , subject to the conditions therein mention'd . and contrary to one other charter of his said majesty , bearing date the th of november , whereby the king , for himself , his heirs and successors , does order , direct , limit and appoint , that the joynt-stock of the said governour and company , shall continue one and twenty years , to be computed from the date of the said letters patents , subject to the conditions therein mention'd . the company humbly submit to the consideration of your lordships , that since the said charters were granted , no breach or forfeiture of their rights , has been committed by , or pretended to be charg'd upon them . 't is true , that in a charter from his present majesty , bearing date the th of september , , there is a provisoe , that if it shall appear to the king , his heirs or successors , that the said two charters , or any other charters , heretofore granted , shall not be profitable to the king , his heirs or successors , or to this realm , that then , and from thenceforth , upon and after three years vvarning , to be given to the said company , by the king , his heirs and successors , under his or their privy seal , or sign manual , the said several letters patents , &c. shall cease , be void , and be determin'd . but the bill now depending , does in no part suggest , that the said charters , or the trade from thence arising , have been unprofitable to the king or kingdom . on the contrary , the trade depending upon the said charters , is rather declar'd profitable by the scope of the said bill , being thereby made the recompence and incouragement for raising of two millions . but if the said charters , upon the present exigency , should be pretended unprofitable to the king , and his realm , by being a bar to the raising of this supply , yet the companies offer , and proposal aforesaid , removes , as 't is hop'd , that pretence . and the company submit it to the wisdom and justice of your lordships , whether their charters shall be thus prejudg'd unprofitable ; and whether the rights thereby granted , ought not to remain , till the said charters are found unprofitable to the king , and his realm , by the usual forms of law ? the bill now depending enacts , that after the th of september the east-indies shall not be visited , frequented , or haunted , by any other of the subjects of his majesty , &c. during such time , as the benefit of trade thereby given , or intended to be given to the subscribers , ought to continue , and the said bill lays great penalties , upon such as shall do any thing , contrary to the intent and purport of the said act. 't is true , in a subsequent clause , provision is made , that the company may continue trading to the east-indies for three years ; viz. to the th of september , : but after that time , ( being prohibited resorting thither ) the forts and castles , which have cost a million , erected in those parts , will be a dead loss upon them , and they can reap no manner of advantage , from their plantations , edifices , dues , and rights , in india and persia , which now yield them l. per annum . and 't is humbly hop'd that your lordships will not think it consistent with your justice , to give property so large a wound . not only the company must suffer an immense loss , by this intended dissolution of their charter , without any provision for the reimbursement of their expences , and without any satisfaction for their lands , and rights of inheritance , in those parts , ( which they hope will have its due weight with your lordships ) ; but they presume , they shall be able to show , that the kingdom in general , and the trade it self , must receive great prejudice , by this sudden dissolution of the charter , and shifting of hands , without previous agreements , and stipulations with the indian princes and governours . it would be less prejudicial , to the body of this kingdom , if what were lost to the company , in their revenue arising in india , were like to accrue to their successors : but their rents at fort st. george , fort st. davids , and at bombay , being produced from the particulars following ; viz. from l. per cent. custom on all private persons goods imported , or exported , by sea : from licenses for selling company , yet that new company ought not to trade , during the three years , by reason his majesty has covenanted to the contrary . the bill impowers any new corporation , or subscribers , to trade , even during the said three years , concurrent with the company ; but with this disadvantageous difference , that the company must send out every year a hundred thousand pounds in woollen manufacture , and the new subscribers none : the company must deliver to the king tuns of salt petre , at an under-value , the new subscribers none : they are charged with taxes for their capital stock , the new subscribers are exempted by the act from payment of taxes : the company must maintain their forts and castles , and the new subscribers will have an equal benefit in the trade . so that this unequal burthen , is in effect immediately depriving them of the trade . and 't is plain , from this inequality , although they are allowed three years , they can thereby reap no benefit . and 't is likewise humbly laid before your lordships , that though the present company , consists of many persons of figure in the nation , and of substance , as is evident from the proposal they made , of raising the two millions , and from the subscription of , l. to ascertain the said proposal , compleated in two hours ; yet so large a body as theirs is ( consisting of old , and new adventurers ) besides those which hold stocks in other mens names , which make near double the number , doth also contain very many people , who are by no means able to bear so great a loss , as the consequences of this act must unavoidably bring upon them . the company therefore humbly craves leave to offer , that there are among them some hundreds of families ( many of which are widows and orphans ) who have no other subsistence , but their interest in this stock , whose utter ruin , this bill ( if it take effect ) must certainly occasion . but 't is more especially hoped , that the noble minds of your lordships , will be struck with compassion , when , in your wisdoms , you consider the deplorable condition of some hundreds of the new adventurers , who , in , did imbark their whole fortunes in the said stock , subscribing thereunto large sums , upon the credit of the king's charter ; in which subscription they met with no opposition , check , nor discountenance , from the parliament then sitting . and have farther imbark'd in the said trade , for support thereof , by advancing very great sums of mony , the loss of which will be hazarded by this bill , which will yet more contribute to their undoing . since the new subscription , the company have lost twelve great ships , which in england would have sold for near fifteen hundred thousand pounds , not through any fault of theirs , but by the accidents and calamities of the war ; notwithstanding which great losses , their charters , and the trade from thence arising , have been so far profitable to the publick , that they have still carried on the trade , during a long war ; and since the new subscription , have paid in customs , l. and in taxes ( besides taxes for the current year ) , l. they did likewise supply his majesty , in holland , with barrels of gun-powder , upon a very pressing occasion . and they subscribed at a time of great extremity , l. to the circulating of exchequer bills , at the instance of the lords of the treasury , the principal persons of the company , promoting the said subscription very much among the other adventurers , which was then judg'd an important service . may it please your lordships : it appearing manifestly , st , that the company have a right to the trade to india , by several charters ; of which no breach has been assign'd . ly , that their last charters are made , pursuant to several regulations , propos'd and resolv'd , in the honourable the house of commons . ly , that the said regulations contain provisions advantagious to the crown , and beneficial to trade in general ; and particularly to the woollen manufactures ; of which there is no care taken in the bill depending . ly , that the company have made a proposal , to advance the two millions , intended to be raised by the said bill , which proposal they afterwards ascertain'd , by a subscription of , l. subject to forfeiture in case of failure . ly , that the kingdom may lose very considerably , ( besides their footing and settlements in those parts ; which will be an irrecoverable loss , ) by this sudden dissolution of the charter , with many rights and priviledges , which the present company now has in india , persia , and other places . ly , that the bill makes no provision for settlement of a stock , to carry on the trade ; for want of which , in process of time , it may be lost to england . ly , that it admits foreigners into the benefit and mystery of the trade , which may produce bad effects . ly , that the bill does not seem fram'd with encouragements , sufficient to bring in the intended subscriptions . ly , that during the three years , in which the company are allow'd to traffick , the trade is put upon such an unequal foot , between them , and the general society erected by the bill , that during the said term , the company can reap no advantage from the trade . ly , that many hundred families , have their whole fortunes depending in the stock of the present company , who must be entirely ruin'd , if this bill take effect . all which matters being duly weigh'd and consider'd , 't is humbly hoped , your lordships will find it reasonable to reject the said bill . signed by order of the said governour and company . robert blackborne , secretary . notes, typically marginal, from the original text notes for div a -e the east-india company first incorporated in the q. eliz. for years . her reason for so doing . and in the jac. forever . car. their former priviledges confirmed . with a clause that no others should have the liberty of trading to india besides the company . the company made lords proprietors of bombay , car. . whereupon great sums have been expended by them to strengthen it . st. helena granted as their perpetual propriety car. . all their former priviledges confirmed by charter jac. . the company have expended above a million on the credit of these charters in fortifications &c. for the benefit of their trade . they have a revenue of l. a year . also several forts , and settlements . and priviledges in india . both lords and commons have voted , the trade to india , should be in a joynt-stock exclusive . his majesties message to the house of commons , with the judges opinion touching the companies charter . the company not paying their tax the th . march , their charter was questioned . whereupon his majesty the th of may , ordered a new charter to granted . which the interlopers opposing before the queen and council it was not seald till the th . of october , . a charter of regulations granted the th . of november following . and thereupon l subscribed and paid in during the sitting of the parliament . no objections being against that charter . new adventurers came in on the credit thereof , many of them widows and orphans . in six months time the company sent out rich ships . and l. worth woollen goods &c. another charter of regulations granted the th . of september company by these charters bound to export yearly l value in cloth &c. to the great benefit of the nation . and to furnish the crown with ● tons of petre at ● l. a ton , in time of war. tho' then worth above l. the company suffering by the war and yet supporting the trade , hope to enjoy the profit thereof in peace . upon intimation given . they offer'd a loan to the government of l. in april , . upon this , in may , came the proposal of millions . whereupon the th . of june , the company offer'd to raise millions . and by persons of known abilitys to pay down l. to secure the rest as by their subscriptions the company well assured they could comply . but a bill is now passed the commons , tending to deprive the company of their l. per annum revenue . also of their several forts &c. granting to others the sole trade to india . contrary to the tenour of their charters , viz. whereof no forfeiture is charged upon them . the proviso in september , no way affects the company on pretence of unprofitableness . the present bill and the companys offer proving the contrary . the companies grant as is conceived remaining good till it proves unprofitable by the forms of law. the bill now depending , forbids all trade to the east-indies , except the subscribers , under great penalties , and after the companies years , makes no provision for their revenue and dead stock . by the companies dissolution , the kingdom will be greatly prejudiced . the companies revenue likely to cease with them . this bill entitles subscribers to trade during the three years . several hardships the company lye under thereby more than the others . many hundred family's will be ruined by this bill . who came in upon the credit of the kings charter . and have advanced more money for the support of the trade . after the loss of the ships which happen'd since that charter . they have also paid l. customs . above taxes . provided for the king barrels of powder in holland , advanced l. to circulate exchequer bills . considerations humbly tendred, concerning the east-india company. langhorne, william, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l b estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) considerations humbly tendred, concerning the east-india company. langhorne, william, sir, - . sheet ([ ] p.) s.n., [london? : ] imprint from wing. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . great britain -- commerce -- east indies -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - spi global rekeyed and resubmitted - john pas sampled and proofread - john pas text and markup reviewed and edited - pfs batch review (qc) and xml conversion considerations humbly tendred , concerning the east-india company . if the present charter and company be dissolved , a way is paved for our neighbours to render themselves masters of all that trade , and this irrecoverably , which will draw with it the mastery of the sea , and all our safety : for though we may think to fight for it , while we have mariners enough ; yet it is nothing but trade which can breed up and retain those mariners . if this company only be pull'd down and another set up , ( which must be with equal or larger powers ) the stop and nonplus the new company will be plunged in for some years , will give such opportunities to our neighbours to possess themselves of all that is worth their grasping , that the error will be seen when it is too late . if this be done , or ( as the phrase now in vogue ) the doors set open for new subscriptions , what reasonable compensation can be made for the dead stock , the forts , factories , arms , ammunition , phirmaunds and priviledges , acquired , improved , recovered , and maintained by a vast expence ? and with what equity can this be done without it ? whereas the daily practice of buying stock at the price currant , is so easie to any who have a mind to come in fairly , so many dying , or selling off to lay out in lands . if finding the ruinous tendencies of these courses , the nation be content with reducing the greater stocks to smaller scantlings , it were as good to turn out ability , honesty and application from the management of the stock , those being the surest pledges which can be given for these , and then what reason that the present owners of the greater stocks , the most whereof have reaped yet no benefit thereby , should be obliged to sell off to loss ? the least harm that can be done in this case , being not to look back , but only to set limits for the future . but still the conduct of our thriving neighbours will be worth observing , who have never offered at such restraints , nor ever unsettled their once establish'd company , and who as earnest asserters as they have shewed themselves of liberty in every circumstance ; instead of countenancing the insolent intrusions of interlopers , have from time to time enlarged their charter and strengthned it with all the authority which they could desire . and this is it which hath enabled them to lay such deep and solid foundations in those remote parts , not only for traffick but for empire , and which wait only for the once more disturbing of the english company , wherein the extravagancy of our interlopers , and others abusing the good meaning of many worthy patriots in the high court of parliament with their specious but shallow insinuations and slanders , does them as much service as if they had hired them to it . if it be answered , that although the east-india trade were lost some ships and seamen might abate but enough remain ; let such consider our trials with the dutch , and the naval preparations of france ; whose projects in both indies , should they succeed , would set them up to undertake us both . to these considerations , take in the want of saltpetre , and the vast expence of gun-powder in the modern wars , at sea especially , which irreparably ensues upon our loss of the east-india trade . and then is it fit the company should be cried down as a grievance , when it clearly appears the interlopers are the aggressors , insolently contemning so many warnings , by repeated proclamations in vindication of a charter deriving from the blessed queen elizabeth , whose memory was never taxed with invasion on our laws and properties , and confirmed and reinforced by all succeeding kings for almost years , whereas had this been found to be a grievance , is it not strange , that so many succeeding parliaments to which the subjects might so freely have applyed for redress , should never have taken it to task ? but that notwithstanding the mischeivous consequences of former interlopers , a few angry ones at present ( who might as freely have come into the stock by purchase as any others , nay all who are now concerned in it ) should thus irreverently assume the courage to bid defiance to government , and take upon them to carve for themselves . william langhorne . the duke of buckingham's speech in a late conference buckingham, george villiers, duke of, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the duke of buckingham's speech in a late conference buckingham, george villiers, duke of, - . [ ], p. ; cm. printed for m.i., london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng skinner, thomas, ?- . east india company. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the duke of buckingham's speech in a late conference ▪ london , printed for m. i. . the duke of buckingham's speech gentlemen of the house of commons . i am commanded by the house of peeres , to open to you the matter of this conference ; which is a taske i could wish their lordships had been pleased to lay upon any body else , both for their own sakes and mine : having observed , in that little experience i have made in the world , there can be nothing of greater difficulty , then to unite men in their opinions , whose interests seeme to disagree . this , gentlemen , i fear is at present our case ; but yet i hope , when we have a little better considered of it , we shall finde , that a greater interest does oblige us at this time , rather to joyn in the preservation of both our priviledges , then to differ about the violation of either . we acknowledge it is our interest to defend the right of the commons ; for , should we suffer them to be opprest , it would not be long before it might come to be our own case : and i humbly conceive it will also appear to be the interest of the commons , to uphold the priviledge of the lords ; that so we may be in a condition to stand by and support them . all that their lordships desire of you upon this occasion , is , that you will proceed with them as usually friends do , when they are in dispute one with another ; that you will not be impatient of hearing arguments urged against your opinions , but examine the weight of what is said , and then impartially consider which of us two , are likeliest to be in the wrong . if we are in the wrong , we and our predecessors have been so for these many hundred of years : and not only our predecessors , but yours too ; this being the first time that ever an appeal was made in point of judicature , from the lords house to the house of commons . nay , those very commons which turn'd the lords out of this house , though they took from them many other of their privileges , yet left them the constant practise of this till the very last day of their sitting ▪ and this will be made appear by several presidents these noble lords will lay before you , much better then i can pretend to doe . since this business has been in agitation , their lordships have been a little more curious than ordinary , to informe themselves of the true nature of these matters now in question before us ; which i shall endeavour to explain to you , as far as my small abillity , and my aversion to hard words will give me leave . for howsoever the law , to make it a mystery and a trade , may be wrapt up in termes of art , yet it is founded in reason , and is obvious to common sence . the power of judicature does naturally descend , and not ascend ; that is no inferiour court can have any power , which is not derived to it from some power above it . the king is by the lawes of this land , supreme judge , in all causes ecclesiastical and civil . and so there is no court , high or low , can act , but in subordination to him : and though they do not all issue out their writs in the kings name , yet they can issue out none but by vertue of some power they have received from him . now every particular court has such particular power as the king has given it and for that reason has its bounds : but , the highest court in which the king can possibly sit , that is , his supreme court of lords in parliament , has in it all his judicial power , and consequently no bounds : i mean no bounds of jurisdiction ; for the highest court is to govern according to the lawes , as well as the lowest . i suppose none will make a question , but that every man , and every cause , is to be tried according to magna charta ; that is , by peers , or according to the laws of the land. and he that is tryed by the ecclesiastical courts , the court of admiralty , or the high court of lords in parliament , is tryed as much by the lawes of the land , as he that is tryed by the kings bench , or common-pleas . when these inferior courts happ●n to wrangle among themselves , which they must often do , by reason of their being bound up to particular causes , and their having all equally and earnestly a desire to try all causes themselves , then the supreme court is forced to hear their complaints , because there is no other way of deciding them . and this under favour , is an original cause of courts , though not of men . now these original causes of courts , must also of necessity induce men , for saving of charges , and dispatch sake , to bring their causes originally before the supreame court. but then the court is not obliged to receive them ; but proceeds by rules of prudence , in either retaining , or dismissing them as they think fit . this is under favour , the summ of all that your precedents can shew us ; which is nothing but what we practice every day : that is , that very often , because we would not be molested with hearing too many particular causes , we referr them back to other courts . and all the argument you can possibly draw from hence , will not in any kind lessen our power , but only shew an unwillingness we have , to trouble our selves often with matters of this nature . nor will this appear strange , if you consider the constitution of our house ; it being made up , partly of such whose employments will not give them leisure to attend the hearing of private causes ; and entirely of those that can receive no profit by it , and the truth is , the dispute at present is not between the house of lords , and the house of commons , but between us and westminster-hall . for as we desire to have few or no causes brought before us , because we get nothing by them ; so they desire to have all causes brought before them , for a reason a little of the contrary nature . for this very reason , it is their business to invent new wayes of drawing causes to their courts , which ought not to be pleaded there . as for example , this very cause of skinner that is now before us , ( and i do not speak this by roate , for i have the opinion of a reverend judge in the case , who informed us of it the other day in the house . ) they have no way of bringing this cause into westminster-hall , but by this form ; the reason and sence of which i leave to you to judge of . the form is this , that in stead of speaking as we ordinary men do , that have no art , that mr. skinner lost a ship in the east indies : to bring this into their courts , they must say , that mr. skinner lost a ship in the east-indies , in the parish of islington , in the county of middlesex . now some of us lords , that did not understand the refineness of this stile , began to examine what the reason of this should be ; and so we found , that since they ought not by right to try such causes , they are resolved to make bold not only with our priviledges , but the very sence and language of the whole nation . this i thought fit to mention , only to let you see , that this whole cause , as well as many others , could not be tryed properly in any place but at our barr ; except mr. skinner would have taken a fancy , to try the right of jurisdictions between westminster-hall and the court of admirallity , instead of seeking relief for the injuries he had received in the place only where it was to be given him . one thing i hear is much insisted upon , which is , the tryal without juries ; to which i could answer , that such tryals are allowed of , in the chancery and other courts : and , that when there is occasion for them , we make use of juries too , both by directing them in the kings-bench , and having them brought up to our barr. but i shall onely crave leave to put you in minde , that if you do not allow us in some cases , to try men without juries , you will then absolutely take away the use of impeachments ; which i humbly conceive you will not think proper to have done at this time . finis . a discourse of trade, from england vnto the east-indies answering to diuerse obiections which are vsually made against the same. by t.m. discourse of trade, from england unto the east-indies. mun, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discourse of trade, from england vnto the east-indies answering to diuerse obiections which are vsually made against the same. by t.m. discourse of trade, from england unto the east-indies. mun, thomas, - . [ ], p. printed by nicholas okes for iohn pyper, london : . t.m = thomas mun. some print faded and show-through. reproduction of original in the yale university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . east indies -- commerce -- great britain -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - derek lee sampled and proofread - derek lee text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discovrse of trade , from england vnto the east-indies : answering to diuerse obiections which are vsually made against the same . by t. m. london . printed by nicholas okes for iohn pyper . . briefe notes directing to the seuerall parts which are handled in the answeres made to the foure obiections against the east-india trade in the discourse following . the parts of the first obiection , page . . in the first part is shewed the necessary vse of drugges , spices , indico , raw-silke and callicoes . , in the second part is declared the great summes of ready monies which are yeerely saued to christendome in generall , by fetching the wares of the east-indies directly in shipping from thence . page . . in the third part , is proued , that the trade from england to the east-indies doth not consume , but rather greatly increase the generall stocke and treasure of this realme . page . the parts of the second obiection , page . . in the first part is set forth the noble vse of ships ; and that the timber , planke , and other materials of this kingdome for the building of shipping , are neither become scant nor dearer since the east-india trade beganne . ibidem . . in the second part is shewed the great strength of shipping and warlike prouisions , which the east-india company haue alwayes in readinesse for the seruice of the kingdome . pag. . the parts of the third obiection , page . . the east-india trade doth not make victuals deare , but is a meanes to increase our plenty . ibidem . . in breadeth more marriners then it doth ordinarily consume , and disburtheneth the kingdome of very many leude people . page . . it hath not destroyed any other trade or shipping of this realme , but hath encreased both the one and the other ; besides the great addition of it selfe vnto the strength and traffique of this kingdome . page . . it doth not increase the number of the poore of this realme ( as is erroniously supposed ) ▪ but it doth maintayne and releeue many hundreds of people by their imployments , and charitie . page . . it doth saue the kingdome yeerely .l. sterling , or thereabouts , of that which it was accustomed to spend in spices and indico onely , when they were brought vs from turkey and lixborne . page . the parts of the fourth obiection , page . . the east-india trade doth not hinder the imployment of his maiesties mint . ibidem . . the proposition to put downe the east-india trade is grounded vpon idle and false reports , tending to the great hurt of the king and his people . pag. . . a briefe narration of a kingdomes riches , with the foure principall causes which may decay the generall stocke and treasure of this realme in particular . page . a discovrse of trade from england vnto the east indies : answering to diuerse obiections which are vsually made against the same . the trade of merchandize , is not onely that laudable practize wherby the entercourse of nations is so worthily performed , but also ( as i may terme it ) the verie touchstone of a kingdomes prosperitie , when therein some certen rules shall be diligently obserued . for , as in the estates of priuate persons , wee may accompt that man to prosper and growe rich , who being possessed of reuenues more or lesse , doth accordingly proportion his expences ; whereby he may yearelie aduance some maintenance for his posteritie . so doth it come to passe in those kingdomes , which with great care and warinesse doe euer vent out more of their home commodities , then they import and vse of forren wares ; for so vndoubtedly the remainder must returne to them in treasure . but where a contrarie course is taken , through wantonnesse and riot ; to ouer waste both forren and domestike wares ; there must the money of necessitie be exported , as the meanes to helpe to furnish such excesse , and so by the corruption of mens conditions and manners , manie rich countries are made exceeding poore , whilest the people thereof , too much affecting their owne enormities , doe lay the fault in something else . wherefore , industry to increase , and frugalitie to maintaine , are the true watchmen of a kingdomes treasury ; euen when , the force and feare of princes prohibitions cannot possibly retaine the same . and therefore , as it is most plaine , that proportion or quantitie , must euer be regarded in the importing of forren wares ; so must there also be a great respect of qualitie and vse ; that so , the things most necessarie be first preferred ; such as are foode , rayment , and munition for warre and trade ; which great blessinges , when any countrie doth sufficiently enioy ; the next to be procured are wares , fitting for health , and arts ; the last , are those , which serue for our pleasures , and ornament . now , forasmuch , as by the prouidence of almightie god , the kingdome of england , is indowed with such aboundance of rich commodities , that it hath long enioyed , not onely great plentie of the things before named , but also , through a superfluitie , hath beene much inriched with treasure brought in from forren parts ; which hath giuen life vnto so many worthy trades , amongst which that vnto the east india by name ; the report whereof , although it is already spread so famous through the world ; yet notwithstanding , heere at home , the clamorous complaints against the same , are growne so loude and generall ; that ( my selfe being one of the society it hath much troubled my priuate meditations , to conceaue the means or true groundes of this confusion . but at the last i resolued my selfe , that the greatest number of these exclaimers , are led away in ignorance ; not hauing as yet , discerned the mysteries of such waightie affaires ; some haue beene transported with enuie , as not participating in the said societie , or beeing thereby hindred ( as they conceiue ) in some other trade ; and others , wholy corrupted in their affections ; who whilest they willingly runne into these errors , doe also labour diligently to seduce others ; that so , this good and glorie of the kingdome , might be subuerted by our selues , which by the pollicie and strength of strangers , cannot so easilie be abated ; wherefore , it is now a fit time to meete with such iniurious courses , by a true narration of the passages in the said east-india trade ; answering to those seuerall obiections , which are so commonlie made against the same ; that so these misunderstandings and errours may be made knowne vnto the whole body of this kingdome , which at this present time is most worthily represented in those noble assemblies of the high courts of parliament ; where i hope the worth of this rich trade , shall be effectually inquired , and so in the end obtaine the credit of an honorable approbation . the first obiection . it were a happie thing for christendome ( say many men ) that the nauigation to the east-indies , by way of the cape of good hope , had neuer bene found out ; for in the fleetes of shippes , which are sent thither yearely out of england , portingall , and the low countries ; the gold , siluer , and coyne of christendome , and particularly of this kingdome , is exhausted , to buy vnnecessarie wares . the answere . the matter of this obiection is very waighty ; and therefore , it ought to be answered fully ; the which that i may the better performe , i will diuide the fame into three parts . in the first , i will consider , the necessarie vse of the wares , which are vsually brought out of east-india into europe ; namely , druggs , spices , rawsilke , indicoe , and callicoes . in the second ; i will intimate the manner and meanes , by which the said wares haue beene heretofore , and now are brought into europe . in the third and last ; i will proue , that the treasure of england , is not consumed , but rather greatly to be increased by the performance of the said trade . touching the first ; who is so ignorant , in any famous common wealth , which will not consent to the moderate vse of wholesome druggs and comfortable spices ? which , haue beene so much desired in all times , and by so many nations ; not thereby to surfeit , or to please a lickorish tast ( as it often happeneth , with many other fruites and wines ) but rather as things most necessarie to preserue their health , and to cure their diseases ; euen as it is most notably set forth , by some learned men , who haue vndertaken , to write vpon this subiect ; and therefore ; it shall be altogether needlesse heere to discourse vpon their seuerall operations and vertues , seeing that , he that listeth , may be well instructed therein , if hee will peruse the volumes , which are penned by the learned , for the benefit of all those , who shall make vse thereof . but if peraduenture , it be yet further vrged ; that diuers nations , liue without the vse of druggs and spices : the answer is , that either such people know not their vertue ; and therefore , suffer much by the want of wares so healthfull ; or else , they are most miserable ; being without meanes to obtaine the thinges , which they so much want ; but sithence i intend to be breife , i will insist no further vpon this point ; for the obiecters might aswell deny vs the vse of sugars , wynes , oyles , raysons , figgs , prunes , and currandes ; and with farre more reason exclaime against tobacco , cloth of gold and siluer , lawnes , cambricks , gold and siluer lace , veluets , sattens , taffaeties and diuers others manifactures , yearely brought into this realme , for an infinite value ; all which as it is most true , that whilest we consume them , they likewise deuoure our wealth ; yet neuerthelesse , the moderate vse of all these wares hath euer suted well with the riches and maiestie of this kingdome . but i will come to the raw-silkes and indico ; this being so excellent for the dying of our woollen-cloathes , thereby so much esteemed in so many places of the world ; that ornament , together with the great reliefe and maintenance of so many hundreds of poore people ; who are continuallie imployed , in the winding , twisting , and weauing of the same ; insomuch , that by the cherishing of this busines ( as his maiestie , for his parte is graciouslie pleased to performe , in remitting the impost of silke ) it may well be hoped , that in short time , industrie will make the arte to flourish , with no lesse happinesse to this kingdome , then it hath done ( through many ages ) to diuerse states in italy , and latelie also to the kingdome of france , and to the vnited prouinces of the low countries . now as touching the trade of callicoes , of many sortes , into which the english lately made an entrance ; although it cannot be truely sayd , that this commoditie is ptoffitable , for the state of christendome in generall ( in respect they are the manifacture of infidells , and in great part the weare of christans ) yet neuerthelesse , this commoditie , likewise is of singuler vse , for this common wealth in particuler ; not onelie therewith to increase the trade into forren parts ; but also thereby , greatly to abate the excessiue prices of cambricks , holland , and other sorts of linnen-cloath ; which daily are brought into this kingdom for a verie great summe of mony . and this shall suffice concerning the necessarie vse of the indian wares ; in the next place , i will set forth the manner and meanes of their importing into europe . it is an errour in those men ; who thinke that the trade of the east-indies into europe had first entrance , by the discouerie of the nauigation by the cape of good-hope . for many yeares before that time , the traffique of those parts , had his ordinary course by shipping from diuerse places in the indies ; yearely resorting with their wares to mocha in the red-sea , and balsera in the persian-gulfe : from both which places , the merchandize ( with great charges ) were after transported ouerland by the turkes vpon cammells , . dayes iourney , vnto aleppo in soria , and to alexandria in egypt , ( which are the mart townes , from whence diuerse nations , as well turkes , as christians , doe continually disperse the sayd wares by sea into the partes of europe : ) by which course , the common enemie of christendome ( the turke ) was maister of the trade ; which did greatly imploy , b and inrich his subiects , and also fill the coffers of his owne customes , which he exacted at very high rates ; but by the prouidence of almightie god , the discouerie of that nauigation , to the east-indies by the cape of goodhope ( now somuch frequented by the english , portingalls , and dutche ; and also attempted , by other christian kingdomes ) hath not onely much decayed the great commerce , betweene the indians and the turkes in the red sea ; and in the persian gulfe ( to their infinite hurt , and to the great increase of christian trade , ) but it hath also brought a further happinesse vnto christendome in generall , and to the realme of england in particular , for the venting of more english commodities ; and for exporting of a lesse quantitie of siluer out of europe , vnto the infidells , by many thousand poundes yearely , then hath beene accustomed in former times ; as i shall proue most plainlie by that which followeth . and first , it will be necessarie to set downe the quantitie of spices , indico , and persian raw-silke ( which is yearely consumed in europe ) and in them all to consider the cost with the charges to lade the same commodities cleare aboard the shippes from aleppo ; and the like of all the selfe same wares , as they haue beene vsually dispatched from the portes of the east-indies ; wherein , will appeare that happinesse , which many doe so much oppose ; especially our owne countrie-men , vnder the gilded tearmes of the common-wealth ; whilest beeing indeed either ignorant , or ill affected , they doe not onelie grosly erre themselues , but also cause others to hinder as much as in them lieth , the glorie and well-fare of this kingdome ; but leauing them , i will set downe the said wares , in their quantitie and prizes as followeth ; and first , at aleppo . ll l s̄ d . of pepper , cost with charges at aleppo at . s̄ the l. . . of cloues at . s̄ . . d. the pound . . of mace at . s̄ . d the pound . . of nutmegs , at . s̄ . d the poūd . of indico at . s̄ . d the pound . of persia raw silke at . s̄ the po .   now followeth the same wares both for quantitie and qualitie at their seueral prizes as they are to be bought and laden cleare of charges . in the east-indies . ll l s̄ d . of pepper cost with charges in india . d ½ the pou . . cloues at . d the pound . maces at . d the pound . nutmegges at . d the pound . indico at . d the pound . persia raw-silke at . s̄ the pou .   so that by the substance , and summes of these accompts , it doth plainely appeare , that the buying of the said quantitie of raw-silkes , indico , and spices , may be performed in the indies , for neare one third part of the ready moneyes , which were accustomed to be sent into turkey to prouide the same ; so that there will bee saued euerie yeere the value of .l . s. . d. starling of readie moneyes , that heretofore hath beene exported out of christendome into turkey ▪ which is a matter of such note and consequence , that it may seeme incredible , before the circumstance be dulie considered ; and therefore least i should leaue the matter in doubt , it is requisite ; that i doe make an explanation of some particulars . and principallie , it must not bee conceiued , that this great aduantage , which hath beene spoken of ▪ is onely the merchants gaine ; for the common-wealth of christendoe , hath a very great part thereof in the cheapnes of the wares , as shall be ( god willing ) proued hereafter in his due place . secondly , the time of the merchants forbearance , and interest , is verie long : his aduenture and assurance much dearer ; his charges of shipping , victuals , marriners , and factors their wages , far greater , then by the voyage into turkey for the same wares ; so that the former great difference must be vnderstood in these particulers ; whereby we may perceiue to our comfort , that the materialls of the kingdome , and the imployments of the subiects ( in liew of readie moneies ) becomes a verie great part of the price which is paid for the said indian wares ; which cannot hurt the state ( as some erroniously suppose ) but greatly helpe it , as i shal better proue in that which followeth . first therefore , i shew for an vndoubted truth , that the persians , moores and indians , who trade with the turkes , at aleppo , mocha , and alexandria , for raw-silkes , drugs , spices , indico and callicoes ; haue alwaies made , and still doe make , their returnes in readie monie : for other wares , there are but few which they desire from forren partes ; some chamblets , corrall , wrought silke , woollen-cloth , with some trifles , they doe yearely vent in all , not for aboue . or . thousand pounds starling ; which is no valuable summ in respect of that wealth which is carried from aleppo and constantinople into persia for raw-silkes , when least , . poundes starling per annum : and from mocha about . pounds starling ( likewise yearely into india ) for returne of callicoes , drugs , sugar , rice , tobacco , and diuerse other things . so here is still a very great commerce maintained betweene those infidels ; not onely for the callicoes of many sortes , and other wares ( which concerne their owne vse ) but also for the raw-silkes of persia , which are altogether transported into christendome . how worthy an enterprise is it therefore in the english east-india companie ? by whose endeauours , there is now good hope to turne a great part of this wealthy trade into england , by shipping directlie from the persian-gulfe , whereby the imployments , traffique , and customes of the turkes , may be still more and more impaired ; & the generall treasure of christendome ? much lesse consumed ; as is alreadie performed for the businesse of spices and indico . and who shall then doubt our want of siluer to mainetaine the trade ? if by this way wee doe obtaine the silke , which with more aduantage and conueniencie , wil draw the money to this mart , then it hath beene heeretofore conueyed vnto those remote dominions of the turke . and least peraduenture it should be thought , that the traffique in those parts by the christians for the persian silke , is performed by change for other wares , or by the money which proceedeth of the sales of many rich commodities , which yeerely they sell at aleppo , alaxandria , constantinople , and these parts . the answere is , that neither the venetians ; french , nor dutche , doe vent so much of their owne country commodities in those partes , as doe prouide their necessarie wants of the proper wares of turkes ▪ such , as are the fine raw-silke , made in soria , chamblets , grogerans , cotten-woolles , cotten-yarne , gaules , flax , hempe , fleece-woolls , rice , hides , waxe , & diuerse other things ; so that still the raw-silkes of persia , must be bought with ready mony . only the english haue more aduantage then any other nation in this kinde , for they vent so great a quantitie of broade-cloathes , tinne , and other english commodities , that the proceede thereof , doth not only prouide a sufficient quantitie of part of the sayd turkish wares ( which fit their vse , ) but also a proportion of about . great balles of persia raw-silke yearely . and if in any yeare , they chance to buy a greater quantitie of silke , then must and do they furnish the same in ready monies from the portes of marcellis , genouay , ligorne , venice , or the netherlandes . neither are these the onely meanes , whereby the empire of the turke is so abundantly stored with god and siluer , to the performance of the indian-trade . for , many are the christian shippes , which yearely lade with corne for ready monies in the archipelago ; great is the commerce from poland , hungarie , and germany , with gold and dollers , for chamblets , grogerans , and other things : but that which is very remarkable , is the great quantitie of gold & some siluer coyned in grand-cairo , which by two seuerall carrauans ( in bullion ) is yearely brought thither from the abissians countrie in ethiopia , for returne of many rich commodities , as veluets , sattens , cloth of gold , taffaties , woollen-cloath : polished corrall , and other things . thus by the coherence of the turkish-trade with the christians , persians and indians , i haue shewed both the manner and the meanes , whereby the east-indians wares haue beene heretofore , and yet are , in part , procured into christendome . but least it should seeme incredible , that the turke would let so great a masse of treasure yeerly to passe his dominions , to the indians and to the persians his professed enemies : i will make the matter yet more plaine . and first , concerning the raw-silkes , it is alreadie shewed , that hee hath the money from the christians , besides the benefit he reapeth in their customes , with great imployments also for his subiects . and for the callicoes ( his whole empire hauing litle or no other meanes for linnen ) he cannot possibly be without them , although it hath , & doth greatly exhaust his treasure , neither doth hee gaine any manufacture by the same , as the christians haue alwayes done by the raw-silke , to the great reliefe of innumerable poore people , so much prouided for , by the pollicie of all well gouerned and flourishing common-wealths ; as by this occasion , and in a businesse of the like kind , i may instance the states of genouay , florence , and luca ; who for the maintenance of artes and trade , doe prouide raw-silkes out of sicilia for the value of . poundes starling at least yearelie ; and for the payment thereof they doe vent at naples , palermo , messina , and those parts , a certaine quantitie of florence ▪ rashes and some other wares , for about . pounds starling per annum ; so the rest , being . l. sterling , is supplyed all in readie moneies ; which treasure they doe willingly forsake , to procure their trade ; for experience hath taught them that trade is their imployment , and doth returne them treasure ; for by those silkes ( being wrought , transported and sould at franckforde and other marts ) they haue the better meanes , to furnish their contracts with the king of spaine in flanders ; and so from spaine the siluer must returne againe to italy . but if i should runne out in this and other particulars ( fiting our purpose ) it would make me too tedious , and so carrie me beyond my ayme , which is to be briefe . wherefore , i will proceede to cleare some doubts , in those men , who perhaps not hauing the knowledge of occurrents in forren partes , might thinke , that neither venice , nor marcellis haue the meanes or yet the mindes , to exporte such great sommes of readie monyes , yearely out of those dominions ; especially marcellis being a part of france , where neighborhoode doth daily tell vs , that gold and siluer , may not be conueied out of that kingdome , for any valuable somme , more then is permitted for the necessarie vse of trauellers ; yet neuerthelesse experience hath likewise taught vs , that for the effecting of those trades ( whereof wee now speake , and which they esteeme so much ) there is a free extraction out of the sayd places , of moneyes both gold and siluer ; whereof with them there is no want ; for , the sayd wares doe procure it abundantly . first , to marcellis , it commeth not onely from genouay , ligorne , cartagenia , malliga , and many other porte townes of spaine and itally , but also from parris , roane , sainct malloes , tolouse , rochell , deepe , and other cities of france ; who want not meanes to haue great store of rialls , and dallers from spaine & germany . and in like manner , the venetians distributing the sayd raw-silkes , and other wares into the seuerall states of itally , germany , and hungaria , ( who haue but few commodities fitting their barter or exchange : but onely monyes ) are therewith aboundantly serued ; for the mynes of hungarie and germany affoord good quantitie of gold and siluer ; and likewise the states of itally , especiallie genouay , florence , and millane , haue euer store of rialls out of spaine in satisfaction of many great disbursments , which those merchantes make for that king in his occasions of itally and flanders ; of all which , i might make a large discourse , but i conceaue i haue sayd sufficient , to shew how the trade of the east indies hath beene , and now is brought into christendome generally : what money is yearely sent out ; by whom ; and the possibilitie , or meanes which they haue to performe it . i will therefore in the next place , satisfie the obiections ; that it is not the east-india trade , which wasteth the gold , and siluer , coyne , or other treasure of this kingdome in particular . for first , who knoweth not , that gold in the east-indies hath no ratable price with siluer ? neither hath the siluer coyne of england any equall value with the spanish rialls according to their seuerall prizes here , besides that , his maiestie hath not authorized the east-india companie , to send away any part of this kingdomes coyne either gold , or siluer , but onely a certaine limited summe of forren siluer yearlie ; which as they dare not exceede , so neuer haue they as yet accomplished the same . for it doth plainely appeare in their bookes ; that from the originall and first foundation of the trade , in anno . vntill the moneth of iuly , anno . they haue shipped away onely . l. sterling in spanish rialls , and some dollers ; whereas , by licence , they might haue exported in that time . l. sterling . also they haue laden away in the same tearme of xix yeares , out of this kindgome . l. sterling in broad-clothes , kersies , lead , tinne , with some other english and forren commodities ; which is a good addition ; and vent of our wares , into such remote places ; where heretofore they haue had no vtterance at all . and note , i pray you , how time and industrie , hath bettered this trade , when in the last three yeares , there hath beene sent more wares to the indies , then in the xvi . yeares before ; and yet our expectation is not at the highest , for those new borne trades within the red sea , and in the persian gulfe , doe bid vs hope for better things , as lately by letters from spahan , we vnderstand of great quantity of raw silke prepared by the english factors , which ( by gods assistance ) wee may expect here about the moneth of august next , with encouragement also , to vent our english cloth , and kersies in good quantities ; the like of iron , tinne , and other things ; whereof experience ( of those alreadie sould ) hath giuen vs sufficient approbation of their valliditie . and now ( omitting much matter which might be written touching the discoueries of other trades from one kingdome or port to another , in the indies : with the commodities thereof , whereby the imployment of our shippes , together with the stocke of money and goodes which is sent out of england in them , may be much increased ) i will draw to a conclusion of the point in hand ; and shewe , that whatsoeuer summes of forren readie monyes are yearely sent from hence into the east-indies , his maiestie in the letters pattents graunted to that company , hath notwithstanding with singular care prouided , that the brethren of the company , shall yearely bring in as much siluer , as they send forth ; which hath beene alwayes truly performed , with an ouerplus , to the increase of this kingdomes treasure : neither is it likelie , that the money which is thus contracted for , by the companie at certaine prices , and to be deliuered them at times appointed , would bee otherwise brought into england , but onely by vertue and performance of the said contracts ; for , without this assurance of vent , together with a good price for the said monyes , the merchants would vndoubtedly make their returnes in other wares ; the vse and extraordinarie consume whereof , would be found lesse profitable to the common-wealth , when the matter should be duly considered , as i shall yet further endeauour to demonstrate . and here i will suppose , that the east-india company may shippe out yearely . l starling ( more or lesse ) as occasion may be offered ; yet it is most certaine , that the trade being thus driuen , with such sums of ready moneys , it wil not decay but rather much increase the treasure of the kingdome : which to proue , i will briefely set downe , the substance of the english trade vnto the east-indies , concerning the quantitie of the seuerall sortes of wares , to be yearely bought there and sould here : with the vsual prices giuen for them in both places . and first , i will beginne with their coste and charges laden cleare aboard the shippes in the east-indies . in the east-indies .   l. s̄ . d. . ll . of pepper at . d. ob . the pound . of cloues at . d. the pound . . of nutmegs at . d. the pound . . of mace at . d. the pound . . of indico at . d. the pound . . of china raw silkes at . s̄ . the poūd . . of callicoes of seuerall sorts , rated at . s̄ . the peece one with another .   all the sayd merchandize haue bin often experiēced , or bought at or about the prices aboue written ; and we do hope for our parts ( besides the trade of raw-silkes from persia ) yearely , to lade from the indies , such quantitie of the seuerall sortes of wares as are here set downe ( if it shall please his maiestie , to protect and defend vs concerning the articles of agreement made with the dutche , that they may not violate any of them to our hindrance or damage ) all which wares in england will yeelde ( as i doe conceaue ) the prizes hereafter following , viz. in england .   l s̄ d . ll . of pepper at . d. the pound . . of cloues at . s̄ . the pound . . of nutmegs at . s̄ . d. the pound . . of mace at . s̄ the pound . . of indico at . s̄ . the pound . . of china raw-silkes at . s̄ . the pound . . peeces of callicoes of seuerall sorts , rated at . s̄ . the peece one with another .   so that here would be our owne money againe ; and more , the somme of . l. . s̄ . . d. aduanced towards the generall stocke of the kingdome . for although the east-india company shall disburse the greatest part of the sayde somme aduanced vnto his maiestie for custome and impost ; and also vnto the factors , officers , and marriners , for wages , together with the cost of shipping victualls , munitions , assurance and the like ; yet all these ( the materialls of shipping only excepted ) are but transmutations and no consumption of the kingdomes stocke . but if any man obiect , and say , that the sayd commodities being brought into england ( as is before written ) they are either consumed in the land , or being transported into forren partes , they are changed into other wares ; so that still we want our . l. in readie money : the answere is ; first , that in the occasion of this dispute , wee must conceaue the sayd wares to be of no vse for this kingdom , but onely for so much , as doe concerne the trade thereof . and secondly , in the said trade , wee must consider , that although the said goodes be sent out , and returned home in other wares from forren partes ; yet still , they are negotiated to the increase of the said stocke , and for the imployment of the subiects . lastly , if there be a resolution to determine and end the businesse : who doubteth , that the whole value , may not be presentlie returned hither in readie moneyes ? for in italy , turkey , and other places , where they are most vendible to profit , there likewise is the money free to be exported at all times and by whomsoeuer . and as it is most certen , that some other merchandize , sent out of this kingdome were the meanes to bring in the . l. in readie moneyes , which is here supposed to be sent and imployed in the east-indies ( as aforesaid ) so likewise , there is the same power in these indian wares , to procure other sommes of ready moneyes , to be brought into this kingdome : for let no man doubt , but that money doth attend merchandize , for money is the prize of wares , and wares are the proper vse of money ; so that their coherence is vnseparable . and if the french and the venetians , made any doubt of this , they would not so willingly permit the vallue of . l. sterling , or more in spanish rialls and dollers , yearely to be carried out of their dominions into turkey : whereof three quarter partes at least are imployed , onely for the buying of persia raw-silkes , which commoditie doth presently enable them with readie money from diuerse other states to performe the trade ; whereby their wealth doth much increase , and their people are greatly imployed . so to conclude this point , i will onely add , that the east-india trade alone ( although it be driuen in no amplier manner then is afore written ) is a meanes to bring more treasure into this realme then al the other trades of this kingdome ( as they are now mannaged ) being put together . for if the rule be true , that when the value of our commodyties exported doth ouer-ballance the worth of all those forraigne wares which are imported and consumed in this kingdome , then the remaynder of our stock which is sent forth , must of necessitie returne to vs in treasure . i am confident that vpon a diligent and true inquiry it wil be found , that the ouerballance of all our other trades together will not amount vnto so great a summe of money as the east-india trade alone doth ouer ballance in this kinde . and to make the matter yet more plaine , whereas it is already said that . l. in money exported may import about the value of . poundes sterling , in wares from the east-indies , wee must vnderstand that part thereof to bee properly called our importation that this realme doth cōsume , which is about the value of . pounds sterling yeerely . so the remainder being . l. is matter exported vnto forraine partes in the nature of our cloath , lead , tinne , or any other natiue cōmodities , to the great increase of this kingdomes stocke ; and that also in so much treasure , so farre as the east-india trade can be rightly vnderstood to subsist in this particular . for as all humane actions haue their termination and endes , so likewise there must be an end assigned vnto the affayres of the east-indies ; which are then truely sayd to be finished , when this realme is serued , and the remaynder of those wares which are sent from hence beyond the seas , sould there and conuerted into money ; which likewise from thence may be brought away freely & without the danger of law or prohibition . forasmuch therefore as it is well knowne to many men , that monyes are thus procured by the sales of indian wares to profit , in the partes of turkey , and at ligorne , genoway , the netherlands , marcellis , and other places : yet notwithstanding if all the said coine , or any part thereof should be diuerted from this realme by some other new imployments or affaires , it must neuerthelesse be granted , that the sayd india wares had their finall end in moncies . but i will cease to heape vp any more arguments , to proue a matter which is alreadie made so plaine ; wherefore leauing this obiection , i will endeauour to giue answere to the next . the second obiection . the timber , plancke , and other materialls , for making of shipping , is exceedinglie wasted , and made dearer , by the building of so many great shippes , as are yearely sent to trade in the east-indies ; and yet the state hath no vse of any of them vpon occasion ; for either they are not here ; or else they come home verie weake , and vnseruiceable . the answere . this east-india trade seemeth to be borne and brought vp an vnthrift , for it wasteth and consumeth all ; neither doth it good to any . but the obiection , in some part is verie weake : and in the rest it is mistaken . for first , concerning the weakenesse thereof ; would men haue vs to keepe our woods and goodly trees to looke vpon ? they might aswell forbid the working of our woolls , & sending forth our cloth to forren partes ; for both are meanes alike , to procure the necessarie wares , which this kingdome wanteth . doe they not knowe that trees doe liue and growe ▪ and being great , they haue a time to dye and rot , if oportunitie make no better vse of them ? and what more noble or profitable vse then goodly shipps for trade & warre ? are they not our barnes for wealth and plentie , seruing as walles and bulwarkes for our peace and happines ? doe not their yearely buildings maintaine many hundred poore people , and greatlie increase the number of those artesmen which are so needfull for this common wealth ? and is not all this good performed also ( with great prouidence ) by bringing in yearelie store of tymber , and other prouisions from ireland ? why then , where is the great wast and dearnesse ? i am sure , the east-india companie findes it not ; for whereas they doe only buy their prouisions in hampshire , essex , kent , and barkeshire , in all which places they now may haue both timber , planks , sheathing boards , trenalls , and the like , both for goodnes and price , as cheape ( yea better cheape ) then they haue bin this fifteene yeers ; and likewise in all that course of time their bookes doe plainely shew that those wares haue neuer varied much ; for if they haue risen any smal matter in one yeare they haue fallen as much the next . and yet i pray you obserue ( besides the east-india companies buildings ) the many goodlie shippes , which are daily made for other priuate merchants ( such as england neuer had before : ) & that which is most remarkable , is , the continuall late buildings of his maiestie , thereby yearely adding more strength and glory of great shippes , to his royall and matchlesse nauy ; so that , here wee see this supposed wast and want is not considerable . yea but , say they , the east-india shippes are neuer here , to serue the kingdome vpon occasion : or if they beat home , they are weake , and vnfit for seruice . in trade of merchandize our shippes must goe and come , they are not made to stay at home ; yet neuerthelesse , the east-india companie are well prepared at all times , to serue his maiestie , and his kingdomes , with many warlike prouisions , which they alwayes keep in store ; such as timber , plancks , iron-workes , masts , cordage , anchors , caske , ordinance , powder , shot , victualls readie packed , wine , sider , and a world of other things , fitting the present building , repairing and dispatch of shippes to sea ; as may bee plentifullie seene in their yardes and store-houses at deptforde , and more especiallie in those at blackewalle ; which are growne so famous , that they are daily visited & viewed by strangers , as well embassadors , as others ; to their great admiration of his maiesties strength , & glorie , in one only company of his merchants , able at short warning to set forth a fleete of ships of great force & power . for it is well knowne to al men who please truely to be informed , that the east-india companie ( besides their fleetes of shippes going and comming & also abiding in the indies ) are continuallie building , repairing , rigging , victualling , and furnishing to sea , with all prouision needefull for such a long voyage , some . or . great shippes yearelie ; which are to be seene at an anchor in the riuer of thames in a great forwardnes some . or . . moneths together , before they commonly depart for the indies , which is about the moneth of march : & they are no sooner got off from the coast of england , but shortly after , is the season of our ships to returne from the indies ; who come not home so weake as some would haue them ; for how often hath experience bin made of our shippes which haue performed . or . . seueral voyages to the east-indies ? yet at their returne , they haue bin indocked , new trimmed and lanched out againe , fitted for the like voyages , in lesse then . moneths . but it will be needelesse to spend any more time in shewing the errors of this . obiection : therfore i will rather come to the handling of that which followeth . the third obiection . the voyages to the east indies doe greatly consume our victuals , and our marriners : leauing many poore widdowes and children vnrelieued ; besides , that many ships are yearely sent forth to the east indies , and few we see as yet returned ; also , this trade hath greatly decayed the traffique and shipping , which were wont to be imployed into the streights : and yet the said trade to the east indies , is found very vnprofitable to the aduenturers : neither doth the common-wealth finde any benefit by the cheapenesse of spice and indico , more then in times past . the answer . why , what a world of mischiefes haue we heere ? . dearth . . mortalitie . . destruction . . beggerie . . and neuer a whit the neere . a verie teame of calamities , drawing on to miserie ; is it not then high time to seeke a remedie ? yes verily , and it will be easily done , because these euils neuer were ( as yet at least ) procured by the east india trade , as i shall shew , by answering all the parts in order as they stand : and first of dearth . it is both naturall and iust , that euery kingdome , state , or common-wealth , should feede and cherish vp the natiue people of all degrees and conditions whatsoeuer , to their preseruation of life and health , with such meanes and moderation , as their plentie shall affoord ; and this is not onely due to them in the time of their aboad at home , but also vpon all occasions of voyages into other countries beyond the seas , wherein they shall be imployed for their owne maintenance , and for the good of the common-wealth . now therefore concerning the prouision of victuals ( which in this kingdome is yearely prepared for the setting forth of those ships which saile to the east indies , ) it is well knowen to many men , that it is alwaies proportioned , for about eighteene months ; whereas commonly the voyages proue a yeare longer , so that this ouer-plus of time , is furnished with the victuals of forreine parts . and likewise for the bread and bisket which is shipped from hence , hath it not alwaies beene made of french corne , purposly brought ouer hither ( and that at a deare rate ) onely to preserue the plentie of our owne graine ? vntill now of late daies that the farmers heere beginne to cry out and say , that the cheapnesse of corne doth disinable them to pay their deare rents : thus doe the east india company euerie way accommodate their proceedings for the good of the kingdome . and further concerning their drinke , is it not a very great part water ? some wine and sider , and but little beere . also the flesh they eate , is beefe and porke , and that onely for three daies in a weeke ; the rest of their victuals is fish , some butter , cheese , pease , oatemale , and other things ; all which is proportioned into a very sparing dyet to euerie man by allowance : so that heere is no excesse nor ryot , or any other meanes to make our victuals scant and deare , as is by some erroniously supposed ; but rather by this course of life , our plentie is much aduanced . and so i will giue answer to the next part which is mortalitie and great decay of marriners . the life of man is so pretious , that it ought not lightly to be exposed to danger ; and yet we know , that the whole course of our life , is nothing but a passage vnto death ; wherein one can neither stay nor slacke his pace , but all men runne in one manner , and in one celeritie ; the shorter liuer runnes his course no faster then the long , both haue a like passage of time ; howbeit , the first hath not so farre to runne as the later . now , it is this length of life which nature seekes , and states likewise endeauour to preserue in worthy men ; but none are accounted so worthy in this nature , saue onely they , who labour in their vocations and functions , both for the publique good , and for their priuate benefit . thus may we esteeme our good marriners , to be of no small vse vnto this common-wealth : but take them from their laudable and accustomed imployments , for want of voyages to sea ; wee see what desperate courses they doe then attempt , by ioyning , euen with turkes and infidels , to rob and spoyle all christian nations ; so that we may conclude , we must not onely breed vp marriners , but also seeke by trade , to giue them maintenance . well , all this is true , but ( say they ) the east india company doth neither breed nor maintaine , but destroy the wonted number of our marriners . how can this be , when it is most certaine , that england ( besides the east india fleets ) had neuer yet more shipping then at this present ? neither do any of them stay at home for want of marriners , no , not at this time , when many hundred saylers are employed in extraordinary seruice , for his maiestie in a royall fleete of ships , now at sea : besides those great numbers of our best marriners , which haue beene and dayly are wasted and taken prisoners by the turkes ; so where is this want , or what is our misery more then the want of true information in them that are so ill perswaded of our company ? is it not certaine , that as the east india voyages are long , so likewise in natures course many should die by length of time although they stayd at home ? and to recompence the losse of those that dye , doe not the east india company with great prouidence , yearly ship out at least . landmen in their fleets , which in one voyage proue good marriners to serue the kingdome and common wealth , vnto which many of them were a burthen before they obtained this employment ? and thus is the kingdome purged of desperate and vnruly people , who being kept in awe by the good discipline at sea , do often change their former course of life , and so aduance their fortunes . neither indeed are these voyages so dangerous and mortall , as is reported ; for how many of our ships , haue gone and come from the east indies , without the losse of fiue men in a hundreth ? others againe haue had worse successe in the first beginning , when the seasons , the places and their contagions were not so well knowne vnto vs ; yet time hath taught vs many things , both for the preseruation of health , and speedier performance of our voyage thē heretofore . but the method of my discourse bids me write more of this in the next part , which is destruction ; and this i must diuide into two parts . in the first i will consider the want of diuers ships sent to the east indies , which are wasted there . and in the second , i will answer the supposed ouerthrow of the turkie trade , together with much of our shipping which were wont to bee employed thither . first therefore concerning the decay of our ships in the indies , it cannot be denyed , but there hath been great spoyle of them in these three last yeares ; not by the dangers of the seas , or by the strength of enemies ; but by vnkinde and vnexspected quarrels with our neighbours the hollanders , who haue taken and surprised twelue of our ships at seuerall times , and in sundry places , to our vnspeakeable losse and hinderance ; together with the death of many of our worthyest marriners , who haue beene slaine and died prisoners vnder their hands : and this hath so much the more 〈…〉 the rumour of their mortality : neither list i here to aggrauate the fact , more thē thus breifly to giue answer to the obiection : for our late vnion with the dutch , doth promise a double recompence of gain in time to come . and they who make this trade so poore and vnprofitable , are much mistaken in the reckoning ; for the present losses which causeth many aduenturers so much to despaire , is not in the substance of the trade , but by the euill accidents which hane befalne the same : & to make this point more plain , i must yet declare some other particulars : in which i will endeauour very briefly to set downe the summe of the whole businesse , which the english hath hitherto performed in the east indies . first , therefore i doe obserue that since the beginning of this trade , vntill the moneth of iuly last anno . there haue beene sent thither . ships in seuerall voyages , whereof . are already come home in safety richly laden , . haue beene worne out by long seruice , from port to port in the indies : . were ouerwhelmed in the trimming there : . haue beene cast away by the perils of the seas ; . haue beene taken and surprized by the dutch , whereof diuers will be wasted , and little worth before they be restored : and . good ships do still remaine in the indies . so this is a true account of our ships . and next concerning our stocke , it is a certaine truth , that in all the sayde ships there hath beene sent out in ready money as well out of this realme , as from all other places wheresoeuer beyond the sea ( which hath not been landed in this kingdom ) the vallue of . pounds sterling in forraine coine ; and together with the sayd money there hath beene shipped the vallue of . pounds sterling in sundry sorts of english and forraine commodities ; all which moneys and wares amounting vnto . pounds , haue been disposed as hereafter followeth . first , there hath been lost . pounds sterling in the . ships which are cast away : and in the . ships , which are returned in safety , there hath beene brought home . pounds sterling in diuers sorts of wares , which haue produced here in englād towards the generall stocke thereof . l. sterling ; for the charges arising here , is but a change of effects from one to another , as hath beene sayde before in this discourse : so there ought to remaine in the indies , to be speedily returned hither , pounds : neither can we conceiue that our charges and troubles with the dutch , wil haue wasted more then the odd . pounds sterling : so that i am confident , that there yet remaineth pounds sterling of good estate , for both the ioynt stockes . and what a great value of indian goods this sum of mony may ( by gods blessing ) shortly return in our ships , which are there ready to bring thē , the example here doth teach vs to make vp the reckoning . so that notwithstanding our great charges of discoueries , our losses by the danger of the seas , our quarrels & infinit hinderance by the dutch : yet here the kingdome hath and shall haue her stocke againe with a very great encrease , although the merchants gaines concerning the two ioynt stocks will proue but poore , in respect of the former voyages , which haue not had the like hinderance . and thus in a few lines may be seene , much matter truly collected with some paines , out of the diuers volumes of the east indian bookes . now concerning the decay of trade and shipping which were wont to be imployed into turkey , i doubt , that in time it will likewise be affirmed , that the east india company , haue hindred the vent of our white cloath in the netherlands , which to report were a verie strange thing . but ( praised be god ) to our comfort , we see the great increase of goodly ships , daily built and imployed , by the turkey merchants with vent of more of our english cloath ( by one third part at least ) then in times before the east india trade began . yea , but ( say they ) we haue lost the trade of spices , and indico , from aleppo into england . well , i grant they haue ; yet the kingdome hath found it with more profit by another way ; and they likewise are recompenced with a greater trade , by the exporting from hence of the selfe-same commodities into italy , turkey , and other places : neither can it be lesse profitable for this kingdome , to turne the trade of raw-silkes from aleppo , and to bring them from the persian gulfe , with one third part lesse money , then it doth now cost in turkey ; besides , that by this meanes , the money proceeding of our english cloath , tin , and other wares in turkey ( not finding commodities sitting to returne for england ) would vndoubtedly be brought home in gold , as it hath beene performed heretofore , when by superfluitie of stocke sent from hence in spice , together with our english wares ; the merchants ( being thereby furnished with a sufficient quantitie of turkish cōmodities ) brought home the remainder of their stocke of those yeares in gold for a great value . thus doth it plainely appeare , that these reuolutions of trades , haue and doe turne to the good of the commonwealth ; neither hath the affayres of the east indies impaired or decayed any other trade , shipping or marriners of this realme ; but hath mightily increased them all in it selfe . wherefore let vs now take a view of this noble addition of the kingdomes strength and glory . but this i must not doe , by setting downe the number of our english shipping row in the indies , or lately gone that way ; for they haue beene heaped thither , these three last yeares together without returne , saue onely fiue ships in all that time ; the rest haue beene kept there to oppose the furie of the dutch ; but now we are at vnion , we shall ( by gods assistance ) dayly exspect diuers great ships with rich returnes . and for the future time , this trade i doe conceiue , will royally maintayne ten thousand tuns of shipping continually : ( that is to say ) going , and returning , and abiding there in the indies ; which said shipping will employ two thousand and fiue hundred marriners at least ; and the building with the repayring of the sayde ships , here at home will set to worke fiue hundred men , carpenters , cawkers , caruers , ioiners , smiths , & other laborers , besides many officers ; and about . factors , in seuerall of the indies . and so from these matters of great consequence , i must beginne to write of beggery . the pouertie of widdowes and fatherlesse is matter of great compassion , and doth alwaies moue christian hearts to commiseration and charitie ; whereby many receiue reliefe & helpe of those whō god hath blessed with better meanes : but how this pouertie should totally be preuented , it seemeth not onely difficult , but altogether impossible : for besides the euill accidents and miseries , which euer attend on our humanity , we see how many dayly ( euen through their owne folly & wilfulnesse ) do as it were desperately plunge themselues into aduersitie . and thus the number of those is great , who hauing the charge of wife & children , are notwithstanding altogether without meanes and artes to procure their maintenance ; whereby some of them , wanting grace , do run a desperat course , & haue vntimely ends . others again , being better inspired , seek for imployment , but find it not , or with great difficulty : for , who doth willingly entertain a man poore and miserable , charged with a family , and peraduenture debauched in conditions ? neither doe any of our other merchants voyages to forraine parts accept of those nouices who neuer haue been vsed to the sea : so that when all the other doores of charitie are shut , the east india gates stand wide open to receiue the needy and the poore , giuing them good entertainment with two moneths wages before hand to make their neeedfull prouisions for the voyage : and in the time of their absence , there is likewise payd vnto their wiues for maintenance , two other months wages vpon accompt of euery yeares seruice : and also if any chance to dye in the voyage , the wife receiueth all that is found due vnto her husband ( if hee doe not otherwise dispose it by will : ) and this often happeneth to be more money then euer they had of their owne together in any one time . and likewise , are not many poore widdowes , wiues and children of blacke-wall , lime-house , ratcliffe , shadwell , and wapping , often relieued by the east india company with whole hogsheads of good biefe and porke , bisket and doales of ready money ? are not diuers of their children set on worke to picke okam , & other labours fitting their age and capacitie ? what might i not say of repayring of churches , maintenance of some yong schollers , relieuing of many poore preachers of the gospell yearely with good summes of money ; and diuers other acts of charitie , which are by them religiously performed , euen in the times now of their worst fortunes ? for all which i hope there shal be a reward vnto them and theirs . and so i come to the fift part of this third obiection . and here i must intimate how much they are deceiued who thinke that spices and indico are no better cheape in england now , then in times past , before the east india trade began . for , it is an vndoubted truth , that in those dayes we often payd . shillings or more for a pound of pepper , and seldome or neuer lesse then three shillings and sixe pence the pound ; whereas since the trade hath come directly from the indies , it hath beene bought commonly at seuerall prices betweene . pence and two shillings the pound ; but i will make the difference of price appeare more plainely by setting downe the quantities of spices and indico , which are yearely spent in the realme of england , together with the lowest prices , which they were wont to sell at , when wee brought them from turkey and lixborne ; and the like concerning their vsuall prices now that wee bring them from the east indies directly ; and first as from turkey . . ll . of pepper at .s. .d. the ll . .l. .s. d . of cloues at .s. the ll . . . of maces at .s. the ll . . of nutmegs at . s. d the ll . . of indico at .s. the pound . .   and the selfe same quantity and sorts of wares are commonly sold at the prices here vnder written now in these later times . . ll . of pepper at d. the ll . .l. . s. . d . of cloues at d. the ll . . . of maces at .s. the ll . . . of nutmegs at .s. d the ll . . of indico at .s. pound . .   . so that this trade in spice and indico onely , doth saue the kingdome yearly .l. .s. .d. which is a matter worthy to be obserued ; and so much the rather , because it is a certaine truth , that lesse then a quarter part of this sum of mony which is thus saued yearely , shall buy in the indies the full quantitie of all the seuerall sorts of wares before written , which doe serue for a yeares prouision for this realme of england ; but still , it must be remembred , that the custome , impost , wages , victuals , shipping , and other charges ( which are to be added ) will be a greater summe , then the mony which is paid for these wares in the indies ; but as i haue noted before , the said charges doe not consume the kingdomes stocke , although it doth greatly abate the merchants gaine . and to conclude this point , i will adde vnto that which hath beene said ; that the commodities onely which we now send yearely into the east indies and persia , are of sufficient value there to returne vs indico , spices , drugs , and all other sorts of indian wares , ( raw-silkes of persia only excepted ) for one yeares consume , or more in this kingdome ; so that now all the money which is sent forth in our ships doth procure an ouer-plus of the said wares to the furtherance of trade from india hither , and after from hence to forreine parts againe , to the great imployment of the subiects , and inriching of this realme , both in stocke and treasure ; all which is matter very worthy to be diligently obserued ; and so i come to giue answere vnto the fourth and last obiection . the fourth obiection . it is generally obserued that his maiesties mint hath had but little imployment euer sithence the east india trade began ; wherefore it is manifest , that the onely remedie for this , and so many euils besides , is to put downe this trade : for what other remedie can there be for the good of the common-wealth ? the answer . this fourth obiection may be deuided into three parts : . an euill declared . . a remedie propounded . . and counsell demaunded . and first concerning the euill or want of siluer , i thinke it hath beene , and is a generall disease of all nations , and so will continue vntill the end of the world ; for poore and rich complaine they neuer haue enough : but it seemeth the maladie is growen mortall here with vs , and therefore it cries out for remedie : well , i hope it is but imagination maketh vs sicke , when all our parts be sound and strong ; for who knoweth not the inestimable treasure of this kingdome in plate possessed by the people thereof almost of all degrees ; in such measure , as neuer hath beene seene in former ages ? and for his maiesties mint , it is well knowne , that there hath beene coyned in fiue yeares together since the east india company began , . pounds waight of gold , and . pound waight of sterling money ; all which gold and siluer doe amount vnto the summe of . pounds of sterling money ; how then doth this trade turne the currant and imployment of the mint ? but vpon the sight of this truth , perhaps it will be said , that wee must resort vnto the present times , ( the mint being idle now . ) to which i answer , that likewise the mint had little or no imployment for coynage of siluer in former times , when the said company did not export aboue fifteene or twenty thousand pounds sterling at the most per annum ; no , nor yet in the yeares . and : when in the former they shipped out but .l. — . s. — d. and in the latter , but .l. — . s. — .d. sterling . so that both waies we see , that the mint hath had very great imployment fiue yeares together , sithence the east india trade began ; and also it hath beene without imployment diuers yeares , when the east india company haue sent away but very small summes of money ; wherefore of necessitie there must be some other causes and meanes whereby our siluer is not exported onely , but also it is not imported into the realme as in former times . for we haue not had the meanes by our owne plentie , not by the scarsitie of our neighbours , ( for the space of the last foureteene yeares together ) to send out hundreds of ships laden with corne , as in times past which was returned home in siluer ; but rather of late yeares ( as is much to be feared ) a great quantitie of our money hath beene carried out of the kingdome , for that corne which hath beene brought vs from the east countries , and other places , to supply our wants . thus times doe change , and our fortunes change with them : neither list i to make this matter plainer , by setting downe those meanes , which heretofore brought vs store of money , euen out of france and other places , which now are ceased . but without any further medling in the mint , i will come to the remedie which some propound , by putting downe the east india company . but heere our comfort is , that the obiectors are not our iudges , whose wisedome and integritie labouring for the honour of his maiestie , and the good of his kingdome , will soone perceiue the mischiefes of this supposed remedie . and that the pretended euill which many with malice chase , is that great good , which other nations seeke by pollicie and strength to keepe , and likewise to obtaine ; in which proceedings , it concerneth vs , especially to obserue the diligences and practises of the dutch ; who with more gladnesse would vndertake the whole trade to the east indies , then with any reason we can abandon that part thereof , which we now enioy ; neither can our restraint from the indies keepe our siluer from thence , as long as the dutch goe thither : for we know , that deuices want not to furnish such dessignes ; and when their ships returne from india , shall not our siluer our againe to helpe to pay a double price , or what they please , for all those wares which we shall want for our necessities ? thus should the dutch increase their honour , wealth and strength , whilest we abate , grow poore and weake at sea for want of trade ; and call you this a remedie ; no , rather tearme it ruine , destruction , or what you list ; and so i come vnto the conclusion or last part . and here i must confesse my selfe aground , for this matter is much too high for my handling : besides , my excuse is faire , hauing alreadie done my taske to cleare the east india trade from imputation ; the which , for want of learning , although i haue performed , without varietie of words or eloquence : yet it is done with all integritie of truth , in euery particular , as i shall be readie to make proofe vpon all occasions , which may bee offered . and yet before i make an end , although i cannot satisfie euery mans desire , in such measure as is necessarie : yet i thinke it not amisse to performe the same so farre as i am able by common practise , and my obseruations in the trade of merchandize , which is my profession . and first therefore , all men doe know , that the riches or sufficiencie of euery kingdome , state , or common-wealth , consisteth in the possession of those things , which are needfull for a ciuill life . this sufficiency is of two sorts : the one is naturall , and proceedeth of the territorie it selfe : the other is artificiall , and dependeth on the industry of the inhabitants . the realme of england ( praised be god ) is happily possessed of them both : as first , hauing great plentie of naturall riches , both in the sea for fish , & on the land for wooll , cattle , corne , lead , tin , iron , and many other things for food , rayment & munition ; insomuch , that vpon strickt tearmes of need , this land may liue without the help of any other nation . but to liue well , to flourish and grow rich , we must finde meanes , by trade to vent our superfluities ; therewith to furnish and adorne vs with the treasure and those necessarie wares , which forreine nations doe afford : and here industrie must begin to play his part , not onely to increase and guide the trades abroad ; but also to maintaine and multiply the arts at home : for when either of these faile , or are not effected with such skill as their mysterie shall require , then doth the common-wealth abate & growes poore ; neither is this easily perceiued at first , vntill some euill accidents doe stirre vp our diligence to search out the true causes , that so they being remoued , the effects may cease . and this is the subiect of our discourse which we now pursue . that which i haue hitherto deliuered , hath beene altogether negatiue , still defending and prouing by arguments , that the east india trade hath not hurt : this common-wealth ; and now changing my stile , i must affirme as fast the true causes of those euils which we seeke to chase away . these causes then ( as i conceiue ) are principally foure . . the first is the breach of entercourse by forraine nations . . the second is the abuse of the exchanges betwixt vs and other countries . . the third is neglect of dutie in some subiects . the fourth is our dammage in commerce with strangers . now concerning all these , i might make a very large discourse ; but my purpose is only to explane the meaning of euery point in order , as briefely as i can . and first for the breach of entercourse ; by this i vnderstand those nations , who haue eyther debased their standard , or else ouer-valued the price of their coynes from that equiualence which formerly they had with the standard and moneys of this realme ; and also doe tollerate , not onely their owne moneys , but also the coyne of other countries ( and especially of this kingdome ) to bee currant with them at higher rates , then the prizes of the exchange ; by which courses ( being directly against the entercourse ) there is a greater cause giuen of exportation of the moneys of this realme , then otherwise there would be . for although this is done with great danger to the exporters of the same , ( it being an acte against the law of the land ) yet notwithstanding couetousnesse , being euer conuersant in wicked actions , thinketh nothing vnlawfull , which promiseth a certaine gaine ; and how to remedie this euill practise i finde it not easie . for the debasing of the coyne , or raising the price thereof in this realme , would much impouerish the estates of particular men , and yet in the conclusion , would proue a businesse without end : for who doth not conceiue that which would follow beyond the seas vpon any such alteration here with vs ? so that still the euill will remaine , vntill we find some other remedie . and for the exchanges of money , vsed betwixt nations , although the true vse thereof , is a very lawdable and necessarie practise , for the accommodating of merchants affaires , and furnishing of trauellers in their occasions , without the transporting of coyne from one state to another , with danger and losse , both to the publique and priuate wealth ; yet is the abuse thereof verie preiudiciall vnto this kingdome in particuler ; whilest in the interim the benefit doth arise vnto other countries , who diligently obseruing the prizes whereby the monies bee exchanged , may take aduantage , to carrie away the gold and siluer of this realme at those times , when the rate of our sterling money ( in exchange ) is vnder the value of that standard , vnto which place they are conueyed ; for in respect the prizes of the exchanges , doe rise and fall according to the plentie or scarsitie of money , which is to be taken vp or deliuered out , the exchange is hereby become rather a trade for some great monyed men , then a furtherance and accomodation of reall trade to merchants , as it ought to be in the true vse thereof . and thus many times money may be made ouer hither by strangers , to a good gaine , and presently carried beyond the seas to a second profite , and yet the mischefe ends not here : for by this means the takers vp of money in forraine countreys must necessarily driue a trade to those places , from whence they draw their moneys ; and so doe fill vs vp with forraine commodities , without the vent of our owne wares , but for this great euill , there is an easie remedie , and so i come to handle the next cause which is neglect of dutie . neither is it my intent to write of duties in their seuerall kindes ; but onely of that kinde of duty which is here thought to bee neglected by some men in their seuerall vocations . as it might peraduenture come to passe , in those who haue the working of his maiesties coyne , either gold or siluer : if diligent care be not had in the size of euery seuerall peece , to answer iustly to his weight : for howsoeuer vpon triall of many peeces altogether , the weight may bee found according to the couenants , and within the remedies ordained in the indentures : yet notwithstanding many of those peeces may be sized too light , & others as much too heauy ; which giueth the greater aduantage to some people , to carry away that which is ouer-weight , and so to leaue vs them which are too light , if they leaue vs any . and this mischiefe is not single ; for thereby also some goldsmiths , regarding profit more then dutie , may bee the more readily drawne to melt downe the heauy coyne into plate and other ornaments both of gold and siluer . but what might wee thinke of those men who are placed in authoritie and office for his maiestie , if they should not with all dutifull care discharge their trust concerning that excellent statute , where in it is ordered , that all the moneys receiued by strangers for their merchandise , shall be employed vpon the commodities of this realme ? the due performance whereof would not onely preuent the carrying away of much gold and siluer , but also be a meanes of greater vent of our owne wares : whereof i purpose to write something more in the next part which concerneth our commerce with strangers . and now i come to the last point , which i feare is not the least amongst the causes of our want of money ( so farre as any such may bee : ) and let it not seeme strange to any man , that trades should hurt and impouerish a commonwealth , since it hath beene alwayes accompted an excellent means to helpe and enrich the same : for , as this truth cannot be denyed with reason , so it is likewise most certain , that the vnskilfull managing thereof hath euer prooued a great decay vnto those nations who haue been entangled with such errors . and are not the examples too frequent in many of our owne merchants , who not onely by the perils of the seas and such like misfortunes , lose their goods , but also euen through want of knowledge , wisely to direct their affaires , doe ouerthrow their whole estates : neither may we properly call this their losse , but rather the kingdomes losse in them . wherefore it were to be wished , that this mysterie of merchandising might be left only to them , who haue had an education thereunto ; and not to be vndertaken by such , who leauing their proper vocations , doe for want of skill in this , both ouerthrow themselues & others who are better practised . but there is yet a farre greater mischiefe by our trades beyond the seas , when peraduenture , there might be imported yearely a greater value in forraine wares , then by any way or meanes we doe export of our owne commodities ; which cannot otherwise come to passe , then with a manifest impouerishing of the commonwealth ; for as it is a certain cause to make vs rich , both in stock & treasure , when we shall carry out a greater value of our owne goods then we bring in of forrain wares ; so by consequence , a course contrary to this , must of necessitie worke a contrary effect . neither is this importation meant otherwise thē concerning those wares , which are consumed in this realm : for the cōmodities which are brought in , & after carried out vnto forren parts again , cānot hurt but doe greatly help the cōmonwealth , by encrease of his maiesties customes and trades , with other employments of the subiects ; by which particulars i might yet set foorth the glory of the east india trade , which hath brought into this realme in fifteene moneths space , not onely so much spice , as hath serued the same for the sayd time ; but also by the superfluitie thereof , there hath beene exported into forraine parts for about . pounds sterling . so then let all men iudge , for what a great value wee may hope hereafter to export yearely : when vnto these spices we may ( by gods assistance ) add the infinite worth of raw-silkes , indicos , callicoes , and some other things : all which are to bee issued in the nature of cloth , lead , tinne , or any of our owne merchandize to the enriching of this kingdome by encrease of the common-stocke . so then to conclude this poynt , we ought not to auoid the importation of forraine wares , but rather willingly to bridle our owne affections to the moderate consuming of the same : for otherwise , howsoeuer the east india trade in particular is an excellent meanes greatly to encrease the stocke of mony which we send thither yearely , by returning home fiue times the value thereof in rich commodities , all which ( in short time ) may bee conuerted into treasure , as is plainly shewd already in page . yet notwithstanding , if these indian wares thus brought home , cannot be spared to serue for that purpose of treasure ; but must be sent forth together with our owne natiue commodities : and yet all little enough to prouide our excesse and extraordinary consume of forraine wares : then is it likewise as certaine that the generall trade of this kingdome doth hinder and diuert the comming in of the said treasure , by ouer-ballancing the value of our wares exported ; with the importation and immoderate consume of forraine commodities . therefore , forasmuch as the number of the people in this realme , are thought to be greatly increased of late time ( both in themselues and strangers ) whereby necessarily the commodities of this kingdome , and also forraine wares , are the more consumed and wasted , a double meanes to abate the common-wealth ; ) it therefore concerneth vs all in generall , and euery man in his particular , to stirre vp our minds , and diligence , to helpe the naturall commodities of this realme by industrie , and increase of arts ; seeing that the materials cannot bee wanting to make such stuffes , and other things as are daily brought vnto vs from forraine parts , to the great aduantage of strangers , and to our no lesse dammage . neither should we neglect the riches which our seas affoord , whilest other nations by their labour doe procure themselues great treasure from the same . and as the diligent performance of these things , would plentifully maintaine the poore , and much increase the common stocke of this kingdome : so likewise for the better furtherance thereof , wee ought religiously to auoid our common excesses of food and rayment , which is growne to such a height in most degrees of people ( aboue their abilitie ) that it is now beyond all example of former ages . neither is it needfull for me , to set downe the particulars of these abuses ; for they are too well knowne : and i am confident , that the wisedome of our gouernment doth endeuour to see them as well amended , to the glorie of god , the honour of the king , and the good of the common-wealth . amen . finis . notes, typically marginal, from the original text notes for div a -e the first part concerneth the vse of indian wares . sir. thomas elyot his castle of health . rembert dodoneus his history of plants . the french academy second part , and others . france and the low countries of late yeares do make great quantities of wrought silke , of which wares they were heretofore serued from italy . france , italy , south barbary , and other countries . the second part sheweth the manner & the meanes by which indian wares haue beene and now are brought into europe . b rates vpon all sorts of spices . . per cent . rawe-silkes esteemed about . per cent . indico about . per cent . such people as affect not the good of this kingdome the quantitie of spice , indico , and persian raw-silke , yeerely consumed in europe . the exportation of the value of . l. starling out of christendome into turkey yeerely saued . instance only , that ten shillings imployed in pepper in the east-indies , will require thirty and fiue shillings for all charges whatsoeuer to deliuer it in london . the great summes of money which the persians and the indians carrie yeerely out of turkey . the east-india companie doe endeauor to bring the raw-silkes from persia directly by sea. marcellis sendeth yeerely to aleppo & alexandria at least . l. sterling , and little or no wares . venice sendes about the value of . l. and a great value in wares . the lowcountries sends about the value of . l. sterling monies , and litle wares . messina . l. in ready money . abissians a people in ethiopia whose influence hath made them dull , lazy and without artes ; enioying diuers mines of gold and one of siluer , which doe procure their wants of forren wares . turkey hath litle meanes for linnen but onely from india . the proceedings of some states in italy for the maintenance of artes. the ready moneys which are yearly carried from some states of italy into sicilia . how marcellis and venice are furnished with ready moneys . the italyan merchants doe furnish the king of spaine with money in italy and flanders . the third part doth shew how the east-india , trade doth enrich this kingdome . how much money and wares the east-india company haue sent forth euer sithence the beginning of this trade . the vent of english wares increased in the indies our stock may be much increased by trade from port to porte in the indies . the moneys sent to the indies is all forren coyne - the east-india companie are obliged . to bring in as much money as they carry out of the realme . tobacco , raysons , oyles , and wines , whereof there is no want , but rather too much smoake . a propotion of such trade as is hoped yeerely to be brought into this realme from east-india . how much the kingdomes stocke may increase yeerely by trading to the east-indies . . tonnes of shipping wil lade home all the wares afore written from the east-indies . and the materialls of the said shipping ( vnwrought ) is worth about l. sterling india wares wil bring readie moneys into the realme . we haue no other meanes to procure treasure but by trade and merchandize . the french and the venetians send the vallue of . l. sterling yeerely in ready money into turkey . trade maketh some states very rich which haue little other meanes . if the generall trade of this kingdome doth export a greater value in wares then it doth import yearely , then doth our treasure increase the trade to the east-indies may be said to export poundes and to importe . l. yearely . so the ouerballance is . poundes sterling . euery action ought especially to be considered in his ende . the east-indian wares which were sent beyond the seas , are sould and haue then finall end in money , which might be brought into this realme in that kind , if our other trades did not diuert the same . the first part concerneth the folly of the obiection . the prouidence of the east-india company for timber and planke . the east-india trade hath not indeared the materialls which serue to make shippes the second part sheweth the mistaking in the obiection the warlike prouision which the east-india companie keepe in store his maiesties strength in the east-india company alone . the shippes which returne from the east-indies home , may be repayred in a very short time . the first part concerneth dearth . the manner how the east india company do victuall their ships . the second part concerneth mortality good marriners are accounted worthy men in a common-wealth . the breeding of . marriners yearely . besides that the feare of a few mens death ought not to ouerthrow or hinder the performance of honourable actions for the seruice of the king and cōmonwealth . our marriners owne disordered life is that which killeth many of them . the third part concernes the decay of shipping which haue beene sent to the indies . our troubles with the dutch the summe of the affaires to the east indies euer since the trade began . account of all the money and goods which hath been sent to the east indies euer since the beginning of the trade . . l. sterling hath been returned from the east indies which did produce here towards charges . sterling . there remains yet in the east indies to be returned home from thence about l. starling . concerning the decay of shipping and trade into turkey . the turkey merchants can and will iustify this truth . the strength of the east india ships . the fourth part concernes the pouerty of widdowes , & c· the east india trade doth employ many poore men , & deboist people which other trades refuse wages before hand is not giuen in other merchants voyages , neither yet so great wages as the east india company pay . when did any of these widdowes beg for reliefe in our churches as others often doe ? the east india company their charity . the fift part concerneth the cheapnesse of spice and indico at this present in respect of former times . prices of spice and indico in former times . prices of spice and indico in these later times . lesse then . thousand pounds sterling in the indies , will buy spice and indico to serue this realme for a yeare , which is not halte so much money as it spendeth beyond the seas to buy currans onely , or to buy tobacco . the wares only which are sent out of this kingdome into the east indies are of sufficient value to 〈…〉 this realme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 indian wares , persian raw silkes only accepted ) the first part concerneth his maiesties mint . pounds waight at least of siluer yearely melted down into plate , besides old plate new fashioned , as by credible report . there hath bin coyned great store of gold & siluer in his maiesties mint since the east india trade began . there hath bin little or no siluer coyned in some yeares , when the east india company sent out very small sums of money . some causes and meanes which were wont to bring siluer into the realme , are ceased at this present time . the second part concerneth the putting downe of the east india trade . the east-india trade is greatly desired by other christian nations . the dutch might grow strong and rich by our destruction . the third part concerneth the councel which the obiecters demaund . the riches of a kingdome is of two sorts . this kind of industry maketh some countries which are poor in themselues , to grow rich and strong by other nations , who haue greater meanes , and are lesse industrious . foure principall causes which carry away our gold and siluer . the first cause concerneth the standard . proceeding against entercourse . the second cause concerneth the exchanges of moneys with forreine countries . the practise of those strangers here in this realme , who make a trade by exchange of moneys . forraine wares brought in with our ready moneys carryed out of this realme· the third cause concerneth neglect of duties . our heauy money is conueyed beyond the seas and melted downe here in the realme . anno . edw. . the fourth cause concerneth our cōmerce with strangers . vnskilfull merchants ouerthrow our trades . merchants by education are onely fit to trade in forren parts . how rich cōmonwealths may become poore . forrain wares brought in for transito cannot hurt , but greatly helpe the common-wealth . hopes to increase trade by exportation of indian wares to forrain parts the particular trade to the east indies wil bring great store of treasure into this realme , if the generall trade of this kingdome doe not hinder and consume it the dutch in particular , are said to reape such infinite wealth yearely by this fishing trade , that without more certain knowledge thereof i dare not set downe the sum , it seemeth so vncredible . a true declaration of the intollerable wrongs done to richard boothby, merchant of india, by two lewd servants to the honorable east india company, richard wylde and george page as also a remonstrance of the partiall, ingratefull and unjust proceeds of the india court at home against the said richard boothby ... with petition to ... king charles and the ... parliament for justice ... boothby, richard. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing b ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing b estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a true declaration of the intollerable wrongs done to richard boothby, merchant of india, by two lewd servants to the honorable east india company, richard wylde and george page as also a remonstrance of the partiall, ingratefull and unjust proceeds of the india court at home against the said richard boothby ... with petition to ... king charles and the ... parliament for justice ... boothby, richard. east india company. [ ], p. s.n.], [london : june , . reproduction of the original in the british library. eng east india company. a r (wing b ). civilwar no a true declaration of the intollerable wrongs done to richard boothby, merchant of india, by two lewd servants to the honorable east india c [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion a true declaration of the intollerable wrongs done to richard boothby , merchant of india , by two lewd servants to the honorable east india company , richard wylde , and george page . as also a remonstrance of the partiall , ingratefull and unjust proceeds of the india court at home , against the said richard boothby . in vindication of his good name ( never yet justly stained ) yet now of late for certain years had in unjust scandall and defamation , by malignant adversaries , who are and will be ashamed to verifie their malice and wicked censure against him , in any judicious court of equity : with petition to his most gracious majesty king charles , and the most right honorable high court of parliament for justice and reliefe to him and his , thereby utterly ruined in worldly estate , by such unsupportable wrongs and cruell oppressions . he that justifieth the wicked , and he that condemneth the just , even they both are abomination unto the lord , prov. . . dr baily in his practise of piety . in all causes judge aright ; for thou shalt be sure to find a righteous judge , before whom thou shalt shortly appear to be judged thy self : at which time thou mayst leave to thy friends this for thine epitaph . nuper eram iudex , nunc judicis ante tribunal : subsistens paveo , judicor ipse modo . june . . to the right honorable the lords and commons assembled in the most right honorable high court of parliament . the humble petition of richard boothby , merchant . most humbly sheweth , his insupportable wrongs sustained ( as in this present declaration in print , exhibited to every particular member of both houses of parliament , and most submissively beggeth your hon : favours ( even for the tender mercies of god in christ jesus ) to pity & compassionate the miserable and distressed estate of your poor impotent petitioner , and all his ( a wife and five children ) by affording him justice in the causes mentioned in this present narration , and such justice ( and no other he beggeth for ) as may stand with the glory of god , the good construction of the wholsome laws of this kingdom , and the honour of his majesty king charles , and the right honorable high court of parliament , which though he be daunted with exceeding great fears ( as hester ) to present his petition in that most right honorable court , not having your honors golden scepter of grace held out unto him , yet his cause being in great measure like hers ( necessitated to the preservation of her selfe and nation , as his for himself and family ) he is forced to put on her resolution , if i perish , i perish . fiat voluntas dei . iune . . to the right honorable , ( the honorable ) the right worshipfull , ( the worshipfull , &c. ) the generality of the honorable east india corporation . right honorable , &c. two things have coacted and impulsed me to trouble your honours , &c. with this rude epistle : the one is an ardent desire i have not only to expresse my endeered affection to the honourable society , but also my willingnesse ( though uninvited , in coming to counsell before i am called , presuming of your gracious pardon if not good acceptance ) to manifest or make known unto you what my weak capacity conceiveth behoovefull for the welfare and indemnity of the honourable company of india merchants in their right worthy famous action of commerce . the other is for vindication of my good name , never yet justly tainted ) by declaration of the intollerable wrongs which i richard boothby , an honest poor member of the india company , and your trusty servant , hath undergone both in india , by lewd , malicious , tyrannicall , fraudulent , jugling fellow-servants ; and also at home , by partiall , injust , ingratefull , unconscionable , corrupt governours , and timeserving committees in the india courts . for your incouragements in that worthy action of commerce , be pleased to conceive charitably and friendly of the opinion , or rather assured knowledge of a weak unintelligent merchant , that the trade to and from india , & from port to port in the severall places of india , and other kingdoms neer adjacent , is the most hopefull , beneficiall of any part of the world ; wherein by gods blessing , a competency ( if not a superfluity ) in estate is to be attained unto with small stock , in , , , or yeares time ; which or times so many yeares spent in other countries , will not so suddenly supply with far greater stock . the danger of the trade by sea , especially in those oriental parts , is small , taking the opportunity and season of the yeare in the time of the favourable monsons , or trading winds , the seas so calm and pleasant , that from india to persia , bantum , mocco , madagascar , mauritius , and other parts , the ships commonly tow their long boats , skiffes , and barges at their stern to and again ; and by a voyage in three , foure , or five moneths time too and again , there may be gained , , , , , . and . per cent . profit , and more in severall sorts of commodities , according to the judgement and discretion of the intelligent merchant , in making choyce of his commodity , and attaining it at the best hand . hereof i will not much insist , having more at large discoursed thereof in a rude pamphlet tending to incouragements to plant in madagascar ( which perhaps may hereafter come out in print ) where i could wish my selfe and family securely ( with others my countreymen ) seated in that most famous , pleasant , wholsome , fruitfull island , as i suppose , transcending all others in the world , if my weak purse and decrepit unable body for travell , would permit . the other cause moving me to this occasion for vindication of my good name , in manifestation of my wrongs , will be superfluous to insist upon in this epistle , for that the present declaration thereof hereunto annexed , will more at large demonstrate the same . be pleased , right honourable , &c. courteously to accept the admonishments & advertisements of an unintelligent merchant ( especially in matters that are not within his line , or beyond the reach of his apprehension ) yet in some things i may peradventure say more by industrious observation and affectionate duty to your honours corporation , its welfare and indemnity , then others ( it may be ) either can or will . in the first pla●e it were good at your generall courts ( especially at the election of your governour , deputy , committees and officers , ) not to be absent to lend your votes in ●busing fitting persons thereunto , men fearing god , and hating covetousnesse ( for by your absence and small appearance of late at such times , the time-serving governour and committees , are better fitted to band together , to continue in their places , or to elect new , such men as they either know or presume will be for their accommodation the one to the other , in their own privat ends . ) and if at such election some pious divine spend an hour , or lesse , in godly exhortations in a sermon , to perswade to upright dealing between all parties , as well in the differences between the court and their servants , or their servants one against another , as for their fidelity and industry in managing the main affairs , or joynt stock of the company . it may not perhaps be accounted or found an irksome , needless , or impertinent matter to spend an houres time in such businesses , nor yet a superfluous charge , to gratifie a worthy minister for his pains therein : for surely , the partiality , injustice , uncharitablenesse , and ingratitude of those courts , have wrought much wrong and oppression to their best deserving servants , and caused connivance at their most wicked , lewd , fraudulent , and worst deserving servants , being blinded with their heaps of ill-gotten goods , by bribery , and bopes to match such ill-deserving men in marriage to their daughters . in the next place i think it not amisse to put you in mind , that charge be given to those courts , to make choyce of their india servants , men of good repute and credit in life and conversation , as well as of men of ability and understanding to manage their affairs , and that no lewd , debauched , illlivers , prodigall unthrifty persons , prophane swearers , drunkards , and lascivious persons , of which sort too many have been entertained , by favour and friendship in court , even of their own sonnes , kindred or friends , and by letters from great men to pleasure them , ( sent out as the phrase hath been , for sacrifice , or by such voyages to reclaim them , which is rather the next way to thrust such persons into the devils mouth , and to make them ten times worse then ere they were before ) which turneth to the dishonour of god , the prejudice of the honourable company , and their own souls hazard , countenanced by example of superionrs there , given to all excesse of ryot , and delighting to make others children of belial as themselves . thirdly , it were better in my weak judgement , to make plain downright accord and covenant with their servants concerning private trade , rather then by indirect conniving thereat , to covenant with them for lesse salary , which they regard not in any comparison to their benefit by privat trading , ( though they enter into large bonds to the contrary , which they know the court never hath put in suit , nor ever will , as not effectuall by the lawes of the land ) which is as difficult a thing to reclaim in their servants , as for a hungred starved cook to dresse curious dainty viands for a great feast , and be bound under great penalty , not so much as to lick his fingers . but other plain covenants and agreements may be devised to the better contentment and accommodation of their servants and themselves , ( as my self hath heretofore demonstrated my opinion more at large in the particulars to the india court , which were too large to relate in an epistle . fourthly , why should it not be as easie and facile a matter to them at home to make choyce of their president and councell in india , as to make choyce of succeeding captains , masters of ships , and commanders at sea by occasion of mortality : and in my opinion the same course they take in the one , may as well be observed in the other ; and not to leave the choyce of succeeding places of eminency in india , to their servants own choyce , where greatnesse of power , hopes of favour and privat respects , will cause servants to vote one for another , though to the great prejudice of their honorable imployers , and the ruine of honest men in india , who are conscionable in their duties to god and to their masters , whereby much disaster hath befallen in the companies affaires , by the juglings and defraudments of deceitfull persons in chiefest places of eminency , and intollerable wrongs done even to their equals , for not running the same course , or not conniving thereat , as this plain declaration will in part manifest . and its worthy the consideration of the honorable company , to endevour its reformation . for a wicked president , and his packed main part of councell , can easily in india make malicious shew of great crimes fained to be committed , against an honest man , and to arraigne him , condemne him to prison , suspend the salary , and ship him home a delinquent , before ever he make his purgation to the court at home , and so he and all his are in possibility to be ruined unjustly . for it is no small matter of moment , considering the multitude of dangerous disasters that depend thereon , whereof for feare of discouragement to any undertaker in those adventurous imployments , i forbeare the relation , which i could manifest of dangerous consequence both at sea and land , for a man to make a long dangerous voyage to india , and without just cause to be dismissed from his fair fortunes to seeke redresse in partiall unjust india courts at home , where corrupt governors and courts when they have voted the innocency of the party abused , and promised restitution of wrongs , shall yet unconscionahly for by respects , recall their former votes , and plead in the defence of the malignant parties . it 's not for the accommodation of the honorable action of commerce to question the presidents power and authority , but rather to defend it , ( though never so wicked a tyrant ; ) nor for the honour of india courts to be curious inquisitors into the presidents actions , ( be they never so impious , fraudulent , or oppressfull . ) and so long as such corrupt courts at home are not reformed , it were better for an honest man so abused , to hang himselfe ( were it not for the danger of his soule ) then to undergo such wicked censures at home . in those india elections it is good to make choyce of pious ministers , both for residency in india , and aboord your shipping . the choyce of lewd men of that worthy function , hath done much hurt among your servants by their evill example , surpassing others in those lewd consuming sinnes of soule , body , and estate , alea , vina , venus : some of which have dishonored god , their nation and profession in a high degree , and made no conscience to leave their spurious bastards in india , to be bred up in paganisme , and at ripe yeares to be had in esteem in regard of their whitenesse , by a lewd christian bawd , to make a common harlot of . fifthly , it seems strange to me , that a government in india by a president and councell , should be established by a privat commission never seen to any in my time ( or before or since ) but to the president himselfe , who under colour of that power and authority , rules as a tyrant , according to his own wicked disposition , hoc volo , hoc jubeo ; which whosoever shall question , is in danger ipso facto to be arraigned for his life as a trayter or mutiner : who having by usurpation crept into the place of presidency , makes choyce of three more of councell , whom he pleaseth , which he proudly calleth ( his councell , ) like ambitious cardinall wolsey ( ego & rex meus ) and if but one of them stick close to him , whom he will be sure shall be a son of belial fit for his purpose : then in regard of his double voycc , he carries all consultations or acts of court which way he pleaseth , against the other two , and they also must in the end of necessity comply , or else their own ruine shall shortly be effected . therefore in my simple opinion , it were more just , that lesser power were in the president , and more in the councell ( as i heare it is since lately somewhat amended in that point , upon my complaint and abuse done unto me by such wylde government . and me thinks it were not amisse that the presidents and councels commission , were at least once a yeare read at a publick assembly , both to merchants and sea-men , that all men may know how to render due obedience to superiors , nor the superiors to lord it too much over their inferiors . and also why should not hereto be added good lawes and ordinances for directions on both sides , how to behave themselves in their duties to god , their loyalty to their soveraigne , the welfare of their honorable imployers , and the peace , tranquillity , and love one towards another ; which i leave to your honours and worships considerations . i may not let passe one thing , which i conceive hath been a curse to your worthy designe , and caused no small disaster to betide to the honorable action of commerce , and that is a crying sinne of parents , wives , children and friends of your deceased and dead servants in india , by abusive wrong done to the estates of the defunct three sever all wayes : the first is in regard of their bonds and covenants formally yeelded unto , which never any have kept , nor ever any will observe : and because they will keep close their privat trade with all the secresie they can , they never keep merchant-like accounts for fear of being seized upon by some malicious , tyrannous , or malevolent president , or others in authority , if they chance to do or say any thing that displeaseth them , so that in stead of formall fair accounts , they kept their reckonings in loose papers in their pockets , or bid in some private place , which at the end of every voyage out and home to any port in india , they lacerate and dismember in peeces , trusting in their banjan brokers to be masters of their ware-houses , or keepers of their goods and moneys . and if any of these servants die , ( being loath to commit trust to their own countrey-men , ) the banjan defrauds their executors of all or greatest part of their estates , and so perhaps if they trust some supposed friend their countrey-men , they do the like ; or else wanting time in thair extremity of sicknesse , cannot give their friend true information : and if they do , peradventure the banjan and the supposed friend agree together and divide the estate into shares between them . the second is , that if the president , or some authorized by him , find out any estate of the deceased , the goods are sold at an out-cry , and the moneys brought into the companies cash , for the benefit of the executors . but the abuse therein is insupportable , as formerly in india courts at home . for two or three , or more , will covenant together to buy them at under-rates , either by selling them by the lump in great parcels , that the meaner merchant hath not means to pay for them ; or if divided , the greater and more able persons , will threaten the underlings to sit on their skirts , or to doe them some mischief , if by bidding a higher price then they , they seek to buy them out of their hands : and this i have seen with my own eyes ( with griefe , ) but being a prisoner , could not prevent the mischiefe to the defunct , which otherwise i would have endeavoured to have remedied . the third abuse to the deceased servants estate , is acted by the court committees at home , and that is by defrauding the executors of the deceased of the benefit of the exchange for their moneys brought into the cash in india , which in my time was double money at home : for if any man bought of the deceaseds estate in india , and did not there make speedy payment , his covenant was to pay double money out of the salary at home , or otherwise as agreed upon : and my selfe have paid such exchange of double moneys abated out of my salary at home by the india court , even for things bought , charitably to give away to poore men , having lost all their goods and necessaries in a ship fiered by portugals , which for want of money , being a prisoner , and all my estate seized upon , i was contented to yeeld unto ( as other men did , ) rather then not to expresse a charitable affection to the indigent , according to my poore ability , or credit . now the india court think that they supererrogate in their charity , to pay the executors of the defunct the principall , brought to their accounts in india , ( though they make three , foure or five for one or more of their servants moneys ; ) and yet by that time the accounts are cleared , which happily may be six or twelve months , or longer time after the deceased have repaired from the remoter or furthest parts of the kingdome , to seek after their deceased estate , sometimes ( nay i doubt often ) they have been forced to depart home , after great expence and charge , by waiting the courts time to clear the accounts , with little or nothing , perhaps not enough to bear their charges down again . in some particulars of other mens , i could give bewailing intelligence of these passages ; but i will instance onely in my own being living : then if the abuse be so great to the living , much more may the executors of the deceased feel the burthen of these intollerable defraudments . my selfe being eminent in india , and one of councell , being maliciously arraigned for a delinquent , ( as the ensuing story will relate ) had my goods seized upon , and sold , volens nolens , before my face , at . per cent . l●sse of the principall , revengefully acted on purpose to make me a bankrupt ; ( which maugre the presidents devillish malice , could not be effected ) though he and his lewd favourite , notwithstanding their massie estates of twenty or thirty thousand pounds a man fraudulently gotten in india within six yeares time , or lesse , after their return from england , with all the super abundant favour the india court could bestow upon them ; yet were forced to take sanctuary in the kings bench and fleet ; and there , but for the tenor of a statute of bankrupts against them , would have defrauded their creditors also at home , ( which brought them perforce to an under composition . ) again , my estate being seized upon , as before mentioned , among other goods i had two great and large faire persia carpets , fit for the foot-stoole , or chair of state of a christian prince , which would have covered the pavement or floore of about twenty foot square , or more , and cost me in persia the first peny , about fourtie pounds . these it seems the ambitious president took for his own use , to the honour of his magnificencie , and never brought them , or their proceed , to the companies account . for which demanding restitution , he put me off to the india court , affirming that at his comming from india , be left them ( for their use ) in the custome house at surrat , and the court denieth to give me any satisfaction for them , alledging that they were never brought to their account , and therefore not able to make them good , though the unjust governour had voted before in court , in favour of the jugling president , their meer hireling jugling servant , against their loyall brother servant , that it was not for the accommodation of their action of commerce , to wave or question their presidents power and authority , but to support and maintain it ; neithor for the honour of the india court to be curious inquisitors into their presidents actions ; which is so horrible and detestable an ignominy to the honour of the india society to defend , that that honorable action of commerce , could not be supported , but by fraud , oppression , tyranny , imprisonment , bonds , and the like , and murder too , if occasion so fell out : and so farre these governours are from accusing consciences in such practices , that they take it to be an honour for them so to doe . but i have not yet done , i must further instance in more particulars in my own behalfe . at my departure from india , ( a prisoner ) i left in the hands of a succeeding president , a trunk of rich apparrell , good books , divine and history , and other necessaries , which at an easie rate i valued at fourscore pound ; and had i staid in india , would not have taken halfe as much more money for them . and these goods it seems were sold at an out-cry ( according to my former relation of such practises ) for l. and no account to be given to whom they were sold , nor any particular of any thing how sold , but all in lump at l. which money being brought into the companies cash , and three or foure yeares after comming to account with the court , they were so farre dishonest , as not onely to deny me the exchange for my money , but also to keep back the principall , being part of . l. they are yet indebted unto me . yet once more : my wife sent me out of england , a token ( to me of great esteeme ) viz. her own and all her three childrens pictures in one fair map , or table , to the full proportion of every one . that honest well reputed gentleman of the india court , and my especiall kind friend , captain james slade , took upon him to bring it ( by gods blessing ) in safety to my possession : but before his arrivall , i was shipt home unjustly ( a malefactor . ) at the arrivall of the fleet in india , whereof captain slade was admirall in the ship discovery . great enquiry was made by the present president , for things of rarity , to be bought and bestowed upon the sultan , or govervour of surrat : but in all the fleet , none was found of greater esteem , then my wife and childrens pictures ; which the president having intelligence of , sent to captain slade , to bring the same aboord the ship charles , chiefe admirall in the port , to be viewed there by president and councell . at which consultation it was decreed , that my pictures should be bought at good valuable rate , and to have credit for the same in the companies books of accounts . and so the pictures were detained aboord the charles , till order could be taken for their safe transport to surrat. but the next day the ship charles being fired by shooting of guns at drunken healths ( a detestable abuse and dammage to the honorable company ) the ship and all things within her , were burnt , and my pictures consumed . at the india court ( upon intelligence and certificate under captain slades hand , and his brothers , mr. william slade , purser of the ship , and also of mr. nathanael mountney , second of councell to the president ) i demanded restitution for my wife and childrens pictures , and tokens ; but most dishonestly denied , saying , that in regard they were burnt , they were not liable to make them good unto me . these abuses are , as i am able to prove , to my dammage . l. and if such persons expect honour for acting and supporting fraud , robbery , envie , malice , and cruel oppression , to the ruine of a whole family , one of their own corporation , and living , what can be expected but far worse from them to the dead ( meere hirelings , no way alied by corporation , adventure , or otherwise among them . ) but surely , if i be not partiall in my own cause , i conceive they merit such honour as haman had for intending the ruine of a whole nation , yet strangers in blood and religion unto him . there be many other things besides these mentioned at present , that require your honours , &c. reformation ( if you expect a blessing from god upon your adventures , which may well be conceived that such abuses and crying sinnes have hitherto brought a curse upon that so worthy honorable action of commerce ) and upon examination will be brought to light ; as this for one more ; the india president usurps the power to fine men at his pleasure for delinquency , as he pleaseth maliciously to conceive against any : and those whom he envies and malignes , shall have heavy fines set upon them , which he knowes the court at home will not remit , having their estates in possession : for all is fish that comes to their net , unlesse in favour to a minion , or some chief in court . and this cost an eminent merchant in india , and at present in london , . l. though he brought certificates out of india to clear him from all aspersion cast upon him , ( and to try a suit in law with them , is to no purpose , for they boast they will be too mighty for any to withstand them , having a common rich purse against a privat poore one , to manage their unjust designes . ) likewise , if the offender be his favourite , or hath a good purse to bribe , his fine shall be made easie to prevent a heavier punishment at home , ( as unconscionable to be questioned or arriagned twice for one thing , censure being formerly past upon him . ) i could instance somwhat in this point in the case of life and death , but i am more charitably minded then to cast aspersion upon any , having undergone ( at least ) a formall triall for his life . one thing more , right honourable , &c. be pleased to give me leave to admonish you of , your honourable action of commerce is like in time to suffer much , if you follow not the example of the portugals , dutch , and danes , by strenthening your selves by some accommodable plantation neer india , both for a refuge for your shipping , and strengthening thereof ; and also to fetch off your servants in india , upon wrong offered them by tyrannicall heathenish moores : a tast whereof you have had heretofore by imprisoning your chiefe and all other servants , and threatned with drubbing and chawbucking , and your christian adversaries in that action will ( for want thereof ) dominier too much over you : and the best place for you to settle a plantation , is ( in my conceit ) at madagascar , where if you set not foot in speedily , others of our nation , who ( by report ) have made entrance thereinto , may peradventure defeat you , and wring your charter from you for your neglect to the good of this republick . this business i leave to your wiser considerations , and to such incouragements in that business , as lately i have in my weak capacity , conceived behoovefull , which may peradventure hereafter ( if not with this ) come out in print to the publick view . yet i may not omit to put you in mind , that you make better choyce of your governours and court committees at home , and that ( good part or greater at least ) out of men well qualified , and of good report , bred up in india , rather then shop-keepers , or ignorant merchants , some of which were never further at sea , then aboord your brave ships in the downs a feasting . for though some such men may be vertuous and well qualified for their breeding , and by long continuance in their places of committee , have gotten good experience , yet they have only the theorick , and are too short in the pracktick , and both are necessary , as by inlargement i could give better testimony . i conceive some men may object , i say thus much to insinuate my selfe , to get into place of committee ; which i am so far from the thought or desire , that i should more willingly accept of a poore pension from the company , or to be an alms-man in their hospitall at blackwall , which i am able to prove i have well deserved , even for my good endeavours to that charitable work . thus , right honorable , right worshipfull , and others , a faithfull loving member of your worthy corporation , being ruined in estate , by partiall , uncharitable , unjust , corrupt governours , and time-serving committees in your india courts , and being at present , lame , inmpotent , diseased , and in a manner bed-ridden , and already halfe in his grave , yet hath indevoured , not without great pain , to manifest his zealous affection to your honours , &c. welfare and indemnity , which he hath been the rather induced unto , being deprived of all means to doe you service in india , as a servant or friendly accommodation upon his own adventure ( wherein his duty as a member of the company , should not have been wanting . to which imployment my affection hath been so addicted , as i think never any mans that was banisht his native country , hath been m●re desirous to return thither again , then mine hath to revisit india : but now having lost all my fortunes , hopes and limbs , and ready for the grave , ( when god shall be pleased to fit me for my dissolution ) i humbly intreat your honours , &c. to accept of my honest , loyall affectionate intents , ( in this tedious epistle , though i want not matter to inlarge to a farre greater volume , ) in as good part as it is presented unto you . and if it please your honours , &c. out of your grace and goodnesse , to take into consideration the distressed estate of your true , loyall servant , so much abused , wronged , aad oppressed , abroad and at home , to cause restitution for the same , from your honours , &c. substitutes and servants , the chiefe delinquents , wrongers and oppressors , or out of the generall stock , as to your honours , &c. shall seem most agreeable to justice , charity , and repute of the honorable india corporation ( which is the most humble petition of your late industrious loyall servant , i doubt not but thereby you shall doe a businesse pleasing to god , acceptable to the honourable high court of parliament , ( to ease them in righting privat mens wrongs , to the better furtherance of the weighty affairs of the republick , more considerable : ) for which your honours , &c. most humble impotent petitioner , and all his distressed family , shall ever pray for your honours , &c. temporall and eternall felicity . richard boothby , this title should have been placed immediatly after the names of the referrees in the second page following , but mistaken by the printer . to the right worshipful and worshipful sir henry rowe , sir iob harby , and sir george clarke , knights : thomas keightly , daniel harvey , and robert grimes , esquires , referrees appointed by his majesty king charles , to end the controversies between the india court and richard boothby and his india adversaries , servants to the honorable east india company , according to petition for his majesties grace and favour therein . a true declaration of the wrongs done to richard boothby merchant in india . the unhappy project of sir william cockam knight , about anno . to wring the charter of the most famous right worshipfull company of merchants adventurers of england out of their power , to the advantage of him and his associates , brought much disaster to the common-wealth , to that worthy company , and to my self in particular a member thereof also in high degree : ( though in the end returned to the said companies credit , and his blame and discredit ) whereupon i richard boothby , a member of that company , was forced to search out trade in other countreys wherein i had no experience ( to my great losse and disadvantage ) and among the diversity of many experiments , fell to make triall of the east india adventures , purchasing my freedome thereof at l. and adventuring l. in that action of commerce , which being unmerchantly handled by injuditious partiall governors ( aiming more at their own particulars then the vulgar accommodation , brought great losse and damage to the worthy adventurers , and to my self in particular , the occasion whereof drew me ( being unwilling to proceed further in my vocation of an adventurer thither , or to other parts , for fear of sliding into the condition of a banckerupt or insolvent ( which i did much abhor ) to tender my service to the india court committees to be imployed in the honorable companies affaires into india where i was accepted of , and intertained with the greatest applause and best accommodations of any before me . at my arrivall in india ( being one of councell ) i endeavoured to discharge a good conscience towards god , and the duty of a loyall subject to my soveraigne king charles , and the trust committed to me by the honorable company their substitutes . but ere i had been there many moneths , i took good notice of the great dishonour done to gods glory by the lewd lives and conversations of all the english in generall , and the chief heads in particular ; the dishonour also therein to my gracious king and native countrey , and the deep juglings and impostures of the president rich : wild , and george page of the councell : to the defraudment of their honorable imployers , which first brought me in envie and bad suspition of a spie , a puritan , and informer , ( and so called ) because i did not run in the same excesse of riot with them . and by little and little drew me on ( endeavouring to reforme such abuses according to injunction given me at home by court committees ) to be wickedly maligned and abused with intolerable wrongs , injurious affronts , and cruell oppressions ; as being one of councell commanded to base inferior imployments almost scornfull to an apprentice , especially of three or foure yeers standing ( the banjans in india taking notice thereof to my condolement ) also to attend the custome-house affairs on the sabbath dayes ( offensive to my conscience , and the more by observation that the moores would not attend those affairs upon their heathenish idolaters holy dayes , whilest the ( vertuous or rather ) wicked president rich. wild , and his lewd favourite george page feasted , and drunk themselves drunk with dutch , french , italians , arminians , &c. and that by reason i was an eye-sore and offence unto them , distasting and yeelding milde reproof unto their bachanalian sabbath-breakings , and lewd discourse , and boastings at such times of their licentious lives and conversations , little inferiour ( as i conceive ) to the earl of castle-havens . then divers plots were machinated to expell me the factory of surrat to some remote place for their more freedome in evill . and first , they plotted and concluded i should be sent agent to the court at agra ( miles off by land ) but that plot would not fit , in regard the councell had lately dissolved that imployment as unnecessary and too chargeable . secondly , they plotted to send me to the most uncouth forlorn and contemptible factory in india ( brodera ) for which many young men had been sutors ( fitter for that imployment ) and they had promised that preferment . but thither ( volens , uolens ) i must go , yet being of councell i excepted against that act of consultation , making short protest in writing in the book under the act as prejudiciall to the honorable corporation , and injurious to my self , having convenanted for my residence at surrat , and no other ; yet yeelded and took that charge upon me , though as my second told me before my departure thither , my adversaries had suborned him to lay traps to insnare me , and to be very circumspect to observe all my actions to get matter against me . but if he could find none , to write to president and councell , that i was of such a quarrelsome and contentious a disposition , that it was not possible for him or any to live with me ; for which they promised him the preferment into that place . but ( he as he said ) being touched in conscience to see me so much abused , could not but reveal it unto me upon my promise of secresie . and a day before my departure , george page , notwithstanding his said wicked plot , with my second to betray me , insinuated himself into sudden familiarity with me , excusing himself for having an hand to put me out of the factory at surrat to be sent to brodera , laying all the malice on richard wilde the president ; and to make me more blind then a beetle , or sencelesly ignorant of the plot , would needs bestow upon me a machivile brile or poysoned piscash , like the traiterous kisse of iudas to our saviour christ , ( which was a new velvet belt with faire silver buckles ) i made faire shew of complement with him , and accepted of his piscash or gift , rather then to shew distaste , or to give any notice that i had any intelligence of the plot against me , by discovering the secret imparted unto me by my second to his detriment . moreover , the malitious machivill president when i came to take my farewell of him gave it me for a great charge , ( for no other at that time was given me ) in the honorable companies affairs , nor other instructions for my imployment . ( copies of former accompts and passages ( which by order from that court at home ought to be left in every factory for direction to successors ) nor any moneys , bils , bils of exchange , or credit to manage those affaires ( untill a day or two after my departure ) to be carefull , and carry a strict hand over william price my second , to reclaime him from his lewd , uncivill , and rude behaviour . thus they that lay snares to trap the innocent , in the end are themselves ensnared . the geese had need to be warned when the fox preaches , and this text of scripture was far out of his remembrance , or would take no knowledge thereof : thou art inexcusable o man , whatsoever thou art that judgest , for wherein thou judgest another thou condemnest thy self : for thou that judgest dost do the same things . rom. . thirdly , being arrived there , they plotted how to ensnare me in their commissions , devising to send me two commissions , the one as contrary to the other as black to white ; the one an expresse command of our musters , the other quite contrary of their own : to which of our musters because i leaned in my responce , and declined from theirs ( in words though not in deeds ) they then upbraided me with base reproachfull letters , commanding me not to make reply to their revilings , i knew no such power an indian president had ( his commission being never made known ) to any though of councell , and my self one of councell as deep in commission as president himself ( onely in a double or casting voice ) deemed it as a great wrong to all the companies servants in generall , and a great indignity to my self in particular , not to make responce thereunto which i performed in my own apologie or defence , yet concluded christianly , desiring unity and peace , &c. fourthly , my reply seconded with a journey made to visit amadavad the greatest city in india ( two dayes journey off ) wanting imployment , untill such time as i could be fitted to observe their expresse commission contrary to our muster , and returned within six dayes ; little dreaming that a brother of the company , and one of councell in india , was in condition of a slave , or school-boy , that might not take lawfull recreation , or travell a little to better his experience , without leave obtained from such imperiall majesty , therefore these acts were made mutinous , and i condemned by their censures in malicious consultation , before i came to make answer to any objection against me ; and thereupon ( about a months time after my first entrance into that service ) was commanded to return to surrat , to undergo more revengefull condemnation ; to which i obeyed ( though in a most irksome time of the yeare for travell , in times of rain not usuall for any to travell in . ) fifthly , at my arrivall at surrat , i was presently put out of my chamber , and thrust into the worst lodging in the house , adjoyning to the porters lodge , commanded to take my diet at the second table , among counting-house scrivans , pursers , mates , and cabbin-boyes taken ashore for inferior services , and they commanded to take place at table above me , whose parents , or themselves , if i had been ambitious or malicious , i would have scorned with iob , to have set with the heardsmen of my flock , having at home at that present , a family living in reputation , and having had men of better quality then the best of them , i mean the chiefe , to wait at home upon my trencher , knights , gentlemen , and citizens , some of the best quality in england , and my selfe an esquire by two offices to two severall famous kings , king iames and king charles , under the broad seale of england . and the best of them , even president himselfe , never of ability to keep house or servant , but of lewd condition , base runnagates , bankrupts , or insolvents . sixthly , this did not yet suffice , but they proceeded to seize upon all my estate , books , and papers , proclaiming me a bankrupt , forcing my creditors for debts not above a month old , to bring in my bills to the president , and to take new bills of his in the companies name , on purpose to discredit me , selling such goods as i had upon my hands , at fourty pounds in the hundred lesse then they cost me , forcing me to pay other mens debts to a greater value then i had subscribed for security with interest , thereby to make me insolvent ; which maugre their malice , they could not do ; but i satisfied all men to the full , with interest , to a pice , ( or farthing ) which they have not done since that time , though of twenty or thirty thousand pounds estate fraudulently accrewed . seventhly , then having penned seven most malicious , childish , foolish articles against me , they proceeded to my arraignment before a senat of cabbin-boyes and scrivans , as before , patch'd up to make up a solemne judicious parliament , most despitefully forcing me to stand at the lower end of two long tables joyned together , bare-headed , having my malicious adversaries to be my accusers , jury , and judges ; where all being moved , i demanded by what power and authority the president so shamefully abused me : to which he made response , he had commission strong enough to bear him out : the commission i required to see , or to hear read ; which he denied , saying , that yet never any saw it but the president himselfe in present possession , nor any should . i again replied , that i did not conceive that his majesty of england would grant any dormant commission to countenance tyranny and usurpation : and that my selfe being of councell , ought to be made acquainted therewith , being as great in commission as he , except in a casting voyce , and therefore again required him to produce his commission , not only to my satisfaction , but to all other his majesties subjects in those parts : but he still continued ambitiously and tyrannically obstinate , untill at length iohn skilebow , on of councell ( whom the president kept under as a slave , knowing how to bring him to his bow at any time with a bottle of sack , for which he would even sell himself as esau his birth right for a messe of pottage , yet at that time was bold to second my just demand , alledging that he conceived that not onely the councell , but all others ought to be acquainted with the commission , which from himself also was kept in secret two yeers since he had been in india , ordained by the court at home for second of councell to mr. thomas kerridge the former president , and to succeed him in place of presidency . but wild having as it seems matter enough against kirridge to disgrace him at home , and of a haughty daring spirit , he durst do no other but settle wild in his usurped presidency , and displace skylebow contrary to the courts ordinance , which in the end caused him to produce the commission , giving the register order to read it , which was to this effect , authorizing president and councell to call notorious offendors to account , and in case of murther , buggery , or such hainous crimes to arraigne them for their lives ; but with this proviso , that his majesty did conceive that men attaining to those places of authority in india , might be ignorant of the just lawes of england , and therefore cautiously advised them rather to incline to lenity and charity : for if otherwise they did wrong or abuse his loving subjects , he would exact a severe account of them , and punish them according to their desert . the commission being so pious and gracious , i willingly did submit to the arraignment . the articles propounded , i desired a copie to give answer in writing ; which with much ado in the end i obtained , and gave such response thereunto , as made nothing for their advantage . yet not with that satisfied , they devised nine more childish , foolish , and most malicious articles against me , and upon a second arraignment commanded me to take oath ( ex officio ) to answer to such articles verbatim , or ex temtempore , as they should be propounded against me , which i refused to do , but desired to have a copie , and time to make reply ; which would not be granted . then to enforce me thereunto , they threatned me with torture and death , to be hanged upon a gallows of an extraordinary height at the sea port , before the christian ships lying there at anchor . thus terrified with menaces , dreading their devillish , malicious , revengefull spirits , and knowing my self innocent of any crime they might justly charge me withall , i took the oath : and the articles being propounded , were either matchivily penned , to draw from me what i knew of their juglings & impostures , the better by fraud to clear themselves therefrom , or maliciously to draw strong accusations against my self , as which notwithstanding were nothing to their purpose of defence , but more to their condemnation ; & though i intreated and charged the register to pen my response truly , yet he made answer with the presidents approbation , that he would therein fulfill my request , but followes the presidents order and command . by these last articles , they wrung from me some accusation against themselves , which did stumble them , ( supposing my ignorance of their impostures ; ) yet having now got the knowledge thereof , they dissolved that court , and fell to consult in their cabinet-councell , how to cleare themselves , and to make me a malicious slanderer , which within or about fourteen dayes after they effected , as they supposed , to have made their black deeds as cleare , or white , as snow , and their mid-night juglings cleare from aspersion , as the sun in his bright lustre at noon day ; and that by making two of their christian brethren , ( the companies servants ) to forsweare themselves point-blank against a known truth both to my selfe and others the companies servants , which thing i was much grieved at for the offence to god , and wrong to their own consciences : yet i laughed in my sleeve ( even in the midst of affliction ) to see how they were intrapped in their own snare , having sufficient proofes against them to the contrary , which for feare of causing mischiefe unto them ( who were adjutors also in the jugling ) and by themselves revealed unto me , i did conceale to more sit opportunity , at which time they were inforced by appearance of truth on my side , to confesse their wicked imposture and unparalleld jugling act of consultation to cleare themselves from all aspersion of such future act ; and yet ere three days were expired ( as i take it ) they committed the same again to the detriment of the honourable corporation and their own gain , many hundred if not thousand pounds , besides the hazard of the companies great estate , and the danger of their servants lives . now all things fitted in their conceits to the purpose , they thought it due time to proceed in sentence against me . and first toexpresse their malicious revenge in a high degree , they bestowed upon me odious titles of ignominy , as puritan , dissembling hypocrite , brazen faced knave , base villain , perjured rogue and rascall : and their most unjust , cruell , revengefull sentence was , that i should be dismist my imploymeut , my salary suspended , kept a close prisoner in the english house , clapt in irons , lodged in a dungeon , and fed with the bread of affliction , and at the departure of the next fleet for england , shipt home a prisoner . all which and more was injuriously inflicted upon me : i was that evening sent to my dungeon , and at the doore a mighty paire of bilbowes set , ten or twelve foot long , to fasten me in the iron stockes ; but my dungeon not being six foot square , would not admit their entrance : yet terrified with thought of my misery approaching , i intreated the steward of the house , ( being pensive of my wrongs , and appointed to fasten me in irons ) to forbeare untill the next day , for that i intended to write a submissive letter to a tyrant president , to ease me of that shame and torture ; which he charitably yeelded unto : and for his neglect had my bilbowes clapt upon his heels . but after some houres of indurance , were by petition of friends released , and the purser of the house sent to fetter me in shackles ; which was performed , and a cruell jaylor ( a son of belial , iohn willowby ) set to watch me , that no english , christian , or heathen , should come neer me , or converse with me ; yet my two loving trusty indian peoons , or servants , would not forsake me , though i had not a peny to pay them for their pains , or to provide bread for my selfe ; yet in the end ten pence english per day way allowed for all our maintenance , with command not to pay above a dayes pension at a time , and that neither , unlesse every day sued for . thus a close prisoner i continued six moneths , though after some reasonable time eased first of my irons , and after of my dungeon , to somewhat a better lodging ; and that out of an accusing and condemning conscience of their own , setting my friendly banjans to perswade me to write him submissive epistles , which should tend to reconciliation ; which three times at their perswasion i performed , and by the first i obtained a releasment from irons ; by the second , a lodging somewhat better then my dungeon ; and by the third , freedome of the walkes in the house , and diet at the second table , as formerly related : by a fourth , which they pressed me unto , though with much unwillingnesse in regard i had been three times deluded upon their words , that a reconciliation should be , and i restored to former place , or better , they protested by their heathen gods , that he had faithfully promised before , and now more assuredly in their conceit ; and that if he did not perform his promise unto them , he was a devill and no man . these earnest perswasions prevailed with me , and i indeed writ a fourth submissive epistle , and the effects that produced , was to be commanded aboord the ship ionah a prisoner in a meaner cabbin then boat-swaines mates , to sail along with the fleet for persia , and at their return to sail therein for england . the banjans admired at the wickednesse of the man in the fore-passed businesse ( and that which ensued ) about a moneth before at the return of the ship ionah from bantam , having in her great store of cloves , which six moneths before were a drug of no esteem at surrat ; yet at the instant of her arrivall , inhansed in price to double money and more : my friendly banjans , who ever gave me more respect then i deserved , came to me ( having then liberty of the house ) to expresse their loving and kind respects , and for proof thereof , because the wylde president had forced them ( as formerly related ) to bring in my bills , and take new of him , which they disclaimed to be their act ( so much as in thought ) but meerly his devillish malice and revenge , they tendered me a means how to get many thousand pounds suddenly in a week or fortnights space , or a very short time , which though at first i was somwhat jealous of , yet hearkned to their propositions , which was to buy up presently all the cloves in the ship ionah , at the price currant then a ship-boord , and they would sell them again for me at fiftie or sixty , or more per cent . profit . at which their offer i was the more jealous and danted , knowing my inability to compasse the businesse both in regard of ready moneys which must be paid for them , & also in regard i was a prisoner , and could not stir abroad to effect their proposition , but to both these impediments they applied remedies : first , for mony they would supply me therewith instantly ; and for want of my liberty , they advised me to write to captain richard swanly , commander of the ship , to effect it for me , proportioning him some share for his pains ; which though my adversary george page , the presidents lewd favorite were gone two or three hours before down to the ship to effect that businesse for himselfe and president , which took me somewhat off , yet they so earnestly did presse me with recounting geooge pages slow moving , usually drinking hard , or to be drunk at the halfe-way tree ( a baiting place ) and there to take a nap of an houre , two or three in sleep , that my letters might come aboord before him : which counsell of theirs i followed , and presently sent one of my trusty peoons away with letters in speed to captain swanly , discovering the fair offer of my friendly banjans , and allotting halfe for his share ; which letters came aboord two houres before my adversary george page . but captain swanly danted with my sudden downful , since his departure six months before , & terrified with threats of president to displace him for that he had before taken part with other sea commanders in consultation about their commission , which were most strong and effectuall , and those commanders gone for england , and not ready to back him again , he durst not attempt the businesse , but let it fall to the benefit of his and my adversaries , and our losse to many thousand pounds , which my friendly banjans were sorry for , and cursed his devillish malicious projects against me , as yet ensueth . the revengefull president finding that i had more credit , being a prisoner , then himselfe with all the companies credit pin'd upon his back , ( for just at this instant he having ingaged himself for the company with the usurers about . l. ) and the english ships not arriving so soon as was expected , his creditors made means to the governour , that he should not stir out of the town untill better satisfaction were given to discharge his credit in the countrey ; and in that interim twice endevouring to go aboord the ship ionah , was commanded to return , and not to stir aboord . and now having commanded me a prisoner into persia , in hope as expectation was , of a great fleet of portugals to lay way and intercept us , he hoped i might either meet with a knock to take away my life , or some other disaster might befall me , yet had another devillish project in the action , seeing my credit , as aforesaid , and therefore to prevent me of all benefit or accommodation in the voyage , by procuring an edict from the governour , ( whose credit was repaired by the english fleets arrivall , within three or four dayes after with sixty thousand pounds in gold and silver to lessen the companies debts ) that no man should credit me upon forfeiture of five hundred rupies , nor no broker procure me credit upon forfeiture of a thousand mamoodees . by which means my friendly banjans , as also with fear of drubbing from such moorish tyrants , were taken off to my losse of some thousands of pounds more ; which many of the companies servants of inferior rank made to themselves in that voyage , some a thousand , some two thosand , some three thousand or more advantage . and to adde more malice and revenge , hee abused me in his letters to the agent and merchants in persia , with most egregious slanders of mutiny , contention , spie , and informer , &c. perswading and commanding him not to let me come ashore , nor to be possessor of some small means i had in the countrey left the last yeare , but to return it to him to give satisfaction for my ingagements to the company , as he mendaciously pretended . thus we passed our voyage for persia , my selfe receiving better accommodation from captain swanly , then the wylde president expected , yet not so good as the captain promised , and had reason to perform ; but that he was over-awed with my adversaries power , or doted on their great estates to his gratification . at our arrivall in persia i kept my selfe aboord still a prisoner , untill from the agent and merchants there , i received kind letters of invitation ashore , maugre the presidents malicious slanderous letters , which they regarded not , knowing and understanding better of themselves to some of whom i was well known in england , and likewise from better report of merchants and sea-men that came in the ships . i courteously accepted their kind favours , went ashore , had my accommodation for lodging second to none in the english house , seated next the chief agent at table , above all sea commanders , and merchants , the admirall capt. weddall excepted , who sate uppermost of the one side , and my self on the other , and the agent at boords end ; they also delivered me the proceed of my goods commanded to the contrary , sent me a brave persia horse to ride about at my pleasure , with some persia servants to attend me , besides my own two peoons , which would not forsake me untill i went for england . the agent nor captain weddall ( famous in that place for conquering ormus ) never going to visit or feast with the sultan of gombroone , the sultan of ormus , nor the dutch , but desired my company along with them . but here , though i have been prolix above my intent , yet not so much as my cause doth require . i cannot but condole the honorable companies losse as well as mine own , for many years together by probability of many hundred thousands of pounds , by the indiscretion of the governour and court at home , and the companies agents in india , which in this years fleet i wil ( as an eye-witnesse instance in : ) the company had fonre ships of great burthen , loaden with moores , persian and arabian goods , and their servants priunt trade ; the dutch had foure or five great ships , and the indians five or six india junkes , all sailing richly loden as for england in friendly manner together . and at their arrivall all of the goods were sold in three weekes time for ready money in good royals of eight , at fourty , fifty , sixty , eighty , & an hundred per cent . profit and more ; and the india company at home , had no goods at all , but moneys brought out of england first to surrat in india , and sent in spetie into persia ; which money being invested at surrat in goods , would have yeelded them the same spetie at gombroone with the profit above mentioned , and from thence carried up to spahan to preserve the contract with the king of persia ; for silk would have yeelded them as much or more profit by all probability , or else those merchants would not have travelled fifteen hundred miles by land , to bring down ready mony to buy up all indian commodities , which is worth the notice to be taken of , and that indian government or governours to be questioned and examined upon the injudicious manner of managing that most famous action , or privat connivance for their own advantages . and so i leave that discourse , and return again to my former . in our voyage outward and homeward into india , many discourses past among us at the captains messe , about my intollerable sufferings ; whereat some endevoured to blame me for not humbling my self both in word and deed , and writing , to a tyrant for my own advantage , which they said they would have done : to which i made reply , that i had done so much in that kind , and prevailed nothing , that i was ashamed now of my own hand-writings in that submissive manner , protesting never to do the like again , which they that knew not of it before , condoled my infortunity under a tyrants power . amongst these discourses much question was made whether the president richard wylde and his favourite george page , would take their voyage for england , or no , in the fleet returned from persia ; because a little before the ships arrivall from england , they gave it out that they would ( being indeed danted with feare to be sent for home for their misdemeanors , as indeed george page was , but richard wylde confirmed for another yeare : ) but at the ships going for persia , they gave out they would not ; but i gave my verdict , as it proved , that they would , for that i understood george page would not go home without his patron richard wylde to defend him , who also feared to let page go before him , lest he for his own ends might lay all his own crimes upon wylde ; and wylde feared to be sent for the next yeare , as he was . and therefore thought it more for his credit to goe before he was sent for : and at our arrivall in india , all fell out as i had conceived , and they ready prepared for the voyage within a moneth after . in our voyage from persia , i had framed a protest ( though ignorantly and unskilfully penned as a thing never before acquainted with all ) against the proud tyrannous president and his lewd counsellors , for their dishonour to gods glory , the king and nations repute , and the honourable company their welfare and indemnity , and my own insufferable wrongs , which i intended to have published presently upon the ships arrivall at surrat. but being arrived , and before we came to anchor , newes was brought aboord of great alterations in the factory : first , that my malignant adversaries were prepared to take their passage for england ; and secondly , that it was determined that i should be left president , and mr. skibbow to be put by that place , though in right it were his due . the first was not strange unto me , because i did conceive their resolutions ( though they made shew to the contrary ) and that of purpose they had shipt me out of the way , because i was an eye-sore unto them , and they could not plot all their jugling ends , because of my presence . the other businesse stumbled me , in regard that divers young men on shore having formerly during my imprisonment in the english house , made their peace with me ( in a fit of sicknesse in time of a feaver , more likely to die then to live ) excusing themselves for voting against me at my ▪ arraignments , pretending it was for feare of a tyrannous president to do them a mischiefe , and not of any disaffection to me or my cause : and others aboord ships desiring to be taken ashore , and preferred into service there : but my answer to them was , that i saw no possibility of such effects , wishing them to forbeare , and to attend the issue ; yet the end and purpose of this imposture i could not dive into : for within foure or five dayes after our arrivall , certain propositions were made to me then and at other times by foure severall men ; the first by thomas turner , purser of the ship ionah ; the second , by captain swanly ; the third , by the secretary at surrat ; and the fourth by padoe fuller minister . these propositions tended all to one purpose , that there was a faire way for me yet laid to make my selfe a fortune by staying in india , if i would comply to the presidents desire ; and in so doing , i should succeed in place of presidency ( old skibbow being thought unfit in regard of his continuall drunkennesse ) i desired them to propound the means , & i would endeavour to give good satisfaction : the reply of them all was this , that if i would once more write a submissive letter to the president , acknowledging my errour , and intreating his favour , all should succeed to my hearts desire . i gave them all thanks for their good will , yet i desired them to give me better satisfaction what grounds they had of assurance , or possibility that in so doing i should obtain my request ; and whether the propositions proceeded meerly from their own imaginations , or incitation of others . to which they all replied severally ( though with much seeming unwillingnesse to reveale it ) that they were put upon the businesse , some by george page , and some by the president , and some by both : of which being now fully satisfied , i made them all alike one answere , that i had heretofore written many such submissive epistles at the instance of my friendly banjans , but was in them all deluded , and that i had not onely resolved in my selfe , but had vowed to some of them in our voyage to persia , that i never would write again any submissive letter , being much ashamed to think of those formerly written . but if the president pleased to conferre with me either in publick or privat , i would strive to give him such good satisfaction , as i hoped might stand with his liking and repute as well as my own good . at which reply they seemed all to be sorry , and blamed me for being obstinate to contemne so hopefull an opportunity to the good of me and all mine : and so not complying with a tyrants desire , felt shortly after the vials of their devillish revenge ; perhaps animated the more thereunto , by the protest i had formerly framed , and now at last published ( as my conscience told me was my duty to act , for the reasons above premised ) yet to comply somwhat fairly with him , and not to provoke him further , i sent up unto him from the ships , such goods and moneys as i had brought from persia , committed to my own power by the agent there , contrary to his imperiall command ( knowing also that it had been in vain to contest with him ) and so by this means i was deprived of all helps to furnish my selfe with privat comfort all provisions for a full yeares voyage . but praised be god therefore , though the chief of my fare in that voyage , was the ordinary ships allowance of beef & pork of years powthering , and scraps of mouldy bisket , too well replenished with mites and maggots , and stinking water smelt before it came neere a mans head ; yet in that long voyage i was not sick a day , nor ever refused one meales meat , though i often wished to be set on the score ( for moneys or means i had none ) shillings , or ten shillings a meale for such fresh provisions , bread and beere as my servants enjoyed at home . and though i did comply so fairly with him to my own misery , yet had this jugling president the conscience to defraud and cheat me of part of those goods fitting for his ambitious magnificency , and that was in two large persia carpets , usuall in persia and india with men of quality to floor the rooms they lie or sit in ; or the princes of christendome in their chairs of state ; which carpets cost me in persia about pound english , and would have covered the floore in a roome about eighteen or twenty foot square : for excuse of his defraudment , he pleads that he left them in the custome house for the companies use , and so puts me upon them for satisfaction : and they forc'd me off to him , alledging they were never brought to their account , and therefore they not liable ( though they plead against me in his defence ) for the wrongs done unto me . it was not fit for them to wave or question the presidents power and authority , but rather to support and maintain it . the time being now come to put to sea for england , a day before he delivered up his commission to mr. skibbow , a warrant was directed by skibbow , as president , annexed with his hand , and other new councellors , to the admiral of the fleet , for my strict imprisonment at sea , to be lodged in a very mean cabbin , and to take my diet with the common men , and not to be permitted to goe ashore in any countrey island where we should arrive for refreshment , or otherwise ; nor in england untill by expresse order from the governors and committees of india courts ; which warrant was without any authentick authority juglingly contrived to put off the shame from them : for skibbow had no power to grant such warrant , but by feare of compulsion before he was established by commission , and the other being in commission , were ashamed of the act , as they might also of all other revengefull acts . so i was now bound for england a prisoner , to my adversaries great hopefull expectation that i should perish at sea for want of necessaries in so long a voyage , and so make an end of the troubles they feared would happen unto them for their intollerable oppressions towards me , ( they having provided for themselves out of the abundance of their ill gotten goods , twenty or thirty thousand pounds a man ) by report three hundred pound in excellent provisions of all sorts comfortable for necessity , and superfluous to ryotous gluttony and ebriety . and now i may say farewell all my faire hopefull fortunes in india , second to none before me , and perhaps transcendent to all that shall come after me , and the expectation of misery and penury in so long , irksome , and dangerous a voyage , ( but god be praised for the prevention thereof , as formerly exprest . ) at sea the griefe of my lodging ( straitned with room , and wet with rain , and nothing privat neither day nor night ) i made moan to captain swanly , our commander , putting him in mind of his faire promises ( notwithstanding his false warrant ) and his small performances , for better : whereat though at first he seemed to take in ill part by my adversaries suggestions ) yet in the end he better bethought himselfe then to comply with tyranny against one whom he knew deserved good at his hands ; whereupon he removed me from thence , to be associate with his mate richard garlicke , in the round house , as mr. gregory clement , merchant , was with him in the great cabbin : wherein though my lodging were better , and more commendable , yet the association with a drunken sot was as great a burden to me . but thus we passed on to mauritius , to spend some time there in refreshment : where i was timorous to set foot on shore in regard of the mandate against me . but our captain in the end connived thereat also ; and there the admirall captain weddall making a feast aboord his ship , invited all merchants and sea-officers of note , my selfe onely excepted : at which feast some well-willer to me condoling my infortunity , alledging the feast was uncharitable and not compleat , for that i sate alone in my cabbin , wanting necessaries , which they enjoyed to superfluous garmandizing : whereat my adversary , the late president , began to excuse himself , and to lay all the fault upon his minion , or favourite , george page . george page retorts it again upon him . and in fine , with ▪ multiplying of words and affronts one against the other ( each threatning to accuse the other of indirect dealing , juglings and defraudments of their honorable imployers ) they fell together by they eares , and tumbled all their delicates under foot , to the prey and great derision of the common men . after four or five weeks spent at mauritius , our commanders resolved to visit madagascar , or st. laurence , in hope to meet there with the english fleet bound that yeare for india , where our vice-admirall captain swanly , made a feast also , as formerly ; and the same accident , upon the same occasion of my absence , wrought ths same effects as at mauritius . here having abode some short time , with great pleasure and content , health , fertility and plenty of that place , we met , according to our longing desire , the english fleet , consisting of four brave ships : that honest , judicious , generous captain , iohn morton , commander of the mary , the admirall of the fleet , and in her that chief commander of all the english both at sea and land in the orientall parts of the world , the approved , beloved , judicious , generous , affable merchant , formerly president in india , the worshipfull thomas rastell , and many other merchants in the fleet , with commission to ship my adversaries , richard wylde , and george page by name , and all other of councell ( my selfe onely excepted to succeed him in presidency in case of mortality home for england ; which as it daunted my adversaries ( though lessened by expectation ) so it much exhilerated my spirits in so sad a condition , mr. rastell , captain morton , and all others , wondred to finde me in the fleet , and understanding of my condition , a prisoner , much astonied them . but having entred into examination of the cause , much condoled my insupportable wrongs and sufferings , insomuch that it moved teares from that kind natured gentleman mr. rastell . some few dayes being spent , a great feast was ordained aboord the chief admirall , the mary , for the commanders & merchants of both fleets . and before that feast , my malignant adversary , richard wylde , familiar with mr. rastell , at the intreaty of sir moris abbot himselfe made known unto me , made means to mr. rastell to make reconcilement between us ( if not punctuall and perfect , yet at least formall for better accommodation to all parties in the voyage , wishing he had given a thousand pound he had never medled with me . mr. rastell made me acquainted with his desire , willing me to yeeld thereunto , which i did , provided that he did first in person perform his part , as reason required , which at the feast he did , drinking unto me a full cup of wine , acknowledging himselfe before all the company to have done me wrong , and was sorry for it , but knew not now how to help it . i accepted of his courtesie , and shortly after did as much to him ; and every day after our familiarity and outward friendship encreased even to the last day of our parting after at st. helena our last port . mr. rastell after this having well considered of the businesse , and first freed me from imprisonment , offered me to return me again into india , to be second unto him ( for which courtesie i returned him many thanks ) but i told him my mind , how that i was resolved now to go for england , & purge my self from all crimes that could be alledged againstme viva voce , & to lay such things to my adversaries charge , as my duty & conscience bound me , hoping to return again the next yeare with more comfort & greater credit : to which resolution he seemed much aggrieved , vowing and protesting again with teares in his eyes , that it was a great attractive to draw him again into india , confiding to find me there an honest man , and of credit at home , to comfort and keep him company . but seeing it lost labour , he demanded of me what courtesie i desired at his hands , promising to perform it to the uttermost of his power . i then ( first giving him thanks that he had set me at liberty from imprisonment ) intreating him to give command for a good private cabbin for me , and such comfortable refreshments of the company as the ship would afford , with the freedome or command of thomas lea , a common man , and a good penman , to attend upon me , to write such things as i conceived fit to expresse for feare of mortality in the long voyage yet to come . all which he yeeld unto , and gave commandment to the admirall and vice-admirall of our fleet , for the performance , and to estate me in the possession of the great cabbin solely to my lodging , as at my coming out ; which though it were irksome to captain swan●y at his going out , to yeeld me that preheminence above him , yet in the end was yeelded unto , onely desiring the enjoyment thereof for his reputation sake during a week or ten dayes longer ( the time intended for both fleets stay together in the harbour of augustine bay in madagascar . ) but i knowing the ambitious spirits of sea-commanders , lent my opinion , that he being gone , his words and commands by word of mouth would be accounted but wind , and therefore desired his warrant , or command under his hand-writing ; to which he condescended , and went presently to his closet to frame the warrant for my accommodation in all things before mentioned , and in especiall for the great cabbin to my selfe , as at my coming out , adding , also thereto , that no act of consultation in fleet should passe during the voyage , without my consent and approbation in chief . the english fleet shortly after departed for india , yet before their departure mr. rastell commanded the foure sea-commanders in his fleet each to send me aboord the ship ionah , a barico of sack about six or eight gallons a peece for my private expence and comfort in the voyage . about six or eight dayes after their departure , i demanded captain swanly for my accommodation in possession of the great cabbin , which he denied , slighting mr. rastels command as before fore imagined ; upon which some distast befell , and crosse words found vent : and the captain taking in ill part my forcible demands , made complaint to the admirall , captain weddall , who stuck hard to his vice-admirall , and in conclusion , called a consultation aboord the ionah , to question me about words that i had spoken , but misconstrued by c. swanly . at which consultation i made demand again to the admirall to fulfill mr. rastels command , as he promised faithfully to perform : but the same was slighted by him , as before by the vice-admiral . and then finding it fit time , i took out of my pocket my warrant , willing him to peruse that ; which having performed , their stomacks were abated , the warrant being strengthened with words of vehemency , and authority from his majesty king charles , substituting him chiefe commander of all the english both at sea and land in the oriental parts of the world . then they both began to perswade and intreat me , to let the vice-admirall , and mr. greg. clement , cape merchant , to enjoy the great cabbin still , being in possession , and i should have the round house solely to my selfe . to which i yeelded for quietnesse and unity sake , and ever after lived peaceably , contentedly , and friendly together , the captain denying me nothing ; yea , tendring me more courtesie then i desired , or would accept of . after three moneths or more abode at madagascar , we set sail to visit cape bona esperanza ; where arriving the salvages brought us foure cowes , and some other small refreshments , which they sold us for iron hoopes , and peeces of brasse , and made shew to bring us more speedily . but the next day two dutch shis comming out of holland , laden with souldiers for the southern parts of india , the soldanians , or upland men never came more at us ; yet we had the daily company of a few poore sea borderers , that hung about us for reliefe , such as we cast away , who feed also upon whale , or other dead fish , lying long , and stinking on shore ▪ having spent above three weeks time in expectation of refreshment from the natives , and seeing none came , we resolved to set sail to saint helena in our way homeward : where arriving , and at our first landing , we under-went much hazard by reason of the violence of surging waves neere shore , and in the landing we lost two boats , and divers men , yet some men got ashore , not without great hazard , and divers returned back to the ships , not daring to adventure , as my two adversaries in chief . those of note that got first ashore , were captain weddall , captain swanly , mr. greg. clement , and my selfe : for my own part , i found great cause to give god thanks for two great deliverances , the one in landing , the other in getting a ship-boord again . the first that led the way , was captain weddall , who leaping out of the boat so soon as the rising waves brought the boat to the height on shore , and falling off again , by speedy haste , got on firm ground , and yet not very dry : and after him followed captain swanly and mr. clement , in more danger , the rage of the waters more and more increasing , and i my selfe very timorous to adventure . but two lusty strong sailers , ( to whom , as to all the ships company , i was much indebted for their loving respects , though i was not able to requite their courtesies ( especially in great dread by a leak ship , the sailers though they threatned to make the captain and merchants to take their turns at the pump , yet would free me , many offering to supply my turn at the pump as long as life or strength lasted in them ) gave me great incouragement , adventuring themselves into the sea some depth to catch me leaping out of the boat , & each taking me by the hand , we all run violently together to get out of the fury of the returning waves , and so by gods blessing , though washed up above the middle , got safe on firm gronnd ; where we presently saw spectacles of great grief , two boats with many men in them overturned with the violence of the waves , & the men lost with the boats , and two who striving as we had done , to get ashore , were washed off into the sea , and by gods great mercy cast ashore again by another great raging wave , and left upon the sands ; which the mariners ashore perceiving , ran speedily unto them , catching them by the legges or armes , or any part of them , and so ere the surging flood returned , drew them out of the force of the raging waves , where they lay as dead men ; but it pleased god that by the pains of the sailers , and strong waters , that some had about them , they in the end recovered : the one was a salvadge , or native of madagascar , an ancient man , who with his sonne , were desirous to saile along to visit england ; and the other was a very honest man , of good worth and credit , by name mr. iohn hammerton , yet living , and keeping a cooks shop , and victualling-house at pye-corner , neer smithfield . here about fourty or fifty being gotten ashore , were put to our shifts for three dayes and three nights , to get meat , for none could be landed for us from the ships , for which the sailers took marvellous great pains to catch lean hogges , and goats , with the help of one or two persia grey-hounds , brought whelps from thence , wherof one was mine , did stand us in great stead ; but the men wanting shooes , were so galled with running upon rocks , that many were very lame . and so with such poore provision , wanting bread ( yet not fresh water ) we spent that time , untill in the end newes was brought us , that some more men were got ashore , and had more safe landing , which we taking good notice of , made haste out of the island , to endeavour to get again on ship-boord . but coming to take boat , we found the danger as great , or greater , then in the landing ; and the chiefe means we had to get to our boats , was by the help of a high steep rock , bending hollow into the sea , to get into the top , of which one at a time was to take the opportunity of the fall of the sea between the rock and the shore ; and so in that interim , to get upon the top of the rock , whither our foresaid captains , mr. clement and my selfe happily attained : but another young man , not making so much haste or speed , was washed away ere he could attain the rock , and never seen after : we sate a good while in great danger upon the rock , the waves arising often to the very top ) consulting how to get into the boat . and mr. elmer , the master under captain weddall , advised the captain to take the opportunity of the boats rising with the water , to leap into the boat . but the captain held that way dangerous , for fear lest the boat should hit against the rock , and so split , and so cast away all the men in her also : and therefore he stripping himselfe into his linnen breeches , and getting hold of the end of a long line from the boat , made it fast under his armes , the men in the boat holding one end of the line , and we upon the rocks the other end , and ●o leaping into the sea , got safely into the boat , whom the master wisely advised to be carried off into another boat out from the raging of the waves , neer shore , whilst he endeavoured to fetch off the rest . which done , captain swanly approved of the masters way : and so at the rising of the boat with the wave , to the top of the rock , leapt into the boat ( prudently kept off from striking against the rock ) and so escaped into the other boat . and mr. clement took the next turn , and likewise got well off : my turn coming , the master and sailers encouraged me to the same way , promising to stand ready to catch me with all the help ; so also i adventured , & by their great assistance , to whom i acknowledge much thankfulnesse , not forgetting gods great mercy , i also got safe into the other boat , and at last into the ship ionah . but i was no sooner off , but mr. clements blackamore of india , having gotten upon the rock , was by the violence of a great wave over-topping the rock , washed into the sea ; but he skilfull in swimming , was also by the industry of the mariners , saved . and thus , god be praised , we and many others got safe aboord again : but the next day , or one or two dayes after , the raging of the waves , occasioned either by wind or tide , or both , we had good passage to and again from ships to shore , for a moneths time refreshing our selves in the uninhabited island , with hogges , goats , and fish . the relation whereof i have been the more prolix , willing to give admonition to others that shall come after , to be cautious if they find their landing dangerous , in which island i wish my countrey-men had a plantation , and my selfe among them in so pleasant , healthfull , fruitfull , and commodious a place for trading with all nations at their return out of india , and so invincible and impregnable , being once ( though but easily fortified ) that one hundred men may easily oppose and defend themselves against one hundred thousand , and a matter of no great charge , that i am perswaded some one mans estate in england is able to perfect that businesse ; to whose endeavours , if at any time attempted , i wish all prosperous and happy successe . so here , after a merry christmas kept , with such homely fare as the place would afford , ( it being our last place of rendevous in this long voyage , we took our leave one of another in both ships , untill it should please god to send us safe arrivall at our desired port , our own happy native countrey of england . thus it pleased god to send us all safe arrivall together in one fleet into england , where finding my chiefe adversary richard wylde ( the usurped president ) had potent friends in court , ( the unjust governour sir morris abbot , sir henry garraway , as mr. rastell before had given me notice of ) i yet presented my selfe to the present governour , sir morris abbot in privat , before i tendred my presence in court , submitting the redresse of my wrongs in any reasonable manner , at the feet of his pious devotion : but the best respects i could get from him , was sharp checks before my cause was made known , with an admonition to be cautious what accusations i laid against richard wylde , for that ( as he told me ) he was and would be his friend . yet hoping of better welcome from the court-committees , and tendering unto them a declaration of my wrongs ; the court courteously condoled my sufferings , promised that reall restitution should be made by my adversaries , and that they would think upon it to give me a large gratification for my good services , with tender of second imployment into india , upon better termes then before , if i would accept of it , desiring me therewith to rest satisfied untill time would better permit them to give me due right for my injurious sufferings . time spun out three moneths before this businesse came to be decided ▪ at which time my cause was turned topsie-turvy , and that by report , ( which untill a yeare after i understood not ) that sir morris abbot had received a gratification from my adversaries , of a porters burthen of silver plate , as two witnesses yet living , offered me to verefie : which is very probable , yet i had at that time , a better opinion of sir morris abbot , then to be bribed , though i knew my adversary was a right matchivil in such designes , having ( by report ) flung away at his departure out of india , . l. in that kind , to get a good report of all of severall conditions , as english , dutch , moores , and banjans , &c. the meanest of the companies scrivans receiving bribing gratification of ten pound ; and no small bribery given to sea commanders and officers , both to cloak his privat trade , and extoll his vertue and magnificency ; in all which notwithstanding he failed . at which time sir morris abbot past his vote , that it was not for the accommodation of the honorable companies action of commerce , to wave or question the presidents power & authority , but rather to support & maintain it , which they would do . also , sir henry garraway voted , that it was not for the honour of the east india court , to be curious inquisitors into their presidents actions . the votes of these potent persons in court , stonied the indifferent and uncharitable part of time-serving committees , who were loath to crosse them , ( as some of court in privat confessed unto me ) lest they should crosse them again in other matters aimed at for their own ends , and for that my adversaries had accrewed great estates of ill gotten goods , amounting to twenty or thirty thousand pounds a man in five years , out of nothing , of which the king was defrauded of his due customes , which he ought not lose , though i out of desire and hope of friendly reconcilement , and to avoid the opprobrious imputation of a malicious revenger , purposely omitted timely information to possesse my self of halfe their estates , forfeited by the defraudments . many committees gaped after them to match them , being batchelors ( though of foule infected bodies , or of one at least ) with their daughters in marriage . the courts censure and decree , though i petitioned to haue it in writing , i was denied for seven moneths time , untill i had made them ashamed of so unjust an action : at which time it was penned with all the matchivill wit that such ingratefull and unjust malevolent persons could devise , because i would not applaud their former open censures in my audience ; and therein not onely deprived me of satisfaction for my wrongs of no small import , but also robbed me of great part of my covenanted sallery , and other just debts due unto me , to the value of one thousand pounds , besides the losse of ten , twenty , or thirty thousand pounds , or more ( unvaluable ) by unjust dismisment from my beneficiall imployment , because their wicked president , a servant in no higher eminence then my self , except in a double voyce , had maliciously suspended it , which for masters to rectifie servants abuses , ( though they could alledge no cause to confirm the suspension ) was to contradict the lawes of the medes and persians , never to be revoked . and for the same cause , because i taxed their injurious censure , they again took from me two hundred pound , confirmed before upon me by full decree of court in recompence of good service done them . thus being much perplexed in minde , and having some estate in their servants hands in india , which i had given order to be paid into the presidents hands , to cleare accounts , which my revengefull adversary had unjustly ingaged me thereinto ; which accounts were not cleared untill four or five yeares after , in regard those their servants , my factors , finding me in disfavour with the court at home , made use of my means , and at length died before the accounts were cleared , to my great wrong and detriment : i complied yet fairly with them in the mean time , petitioning them stil ( for want of means to wage law with such potent adversaries , who boasted that they would be too mighty for me ) one , two , or three times a yeare , to reverse their uncharitable censure ▪ , and to pay me my due from themselves , and to cause restitution from my adversaries , as they had formerly promised to me , and done to a farre inferiour man then my selfe , wronged by a sea captain , as mighty in commission as their president , whom they forced to pay the merchant ( a runnegado jesuit fled out of spain , crept into the india ships , & made a cockswain , a polipragmon , and busie fellow , by which meanes he attained to that preferment ) . l. for smaller wrongs done unto him ; which they excused , they had now no means of my adversaries in their possession , to force him thereunto , though formerly they were possessed with great part of their estate , and having fined richard wylde at l. for misdemeanors ( too little by . l. ) yet by the governour , and sir henry garrawayes meanes , got it all remitted : so the wicked were justified , and the innocent condemned , both which are an abomination to the lord . and in this interim being drawn or perswaded by divers in committee , and some of their chiefe officers , that if i would tender my service again to the court , it would be well accepted , and i recompenced to my content in another kind . but having before made a privat protest against sir morris abbot for his unjust proceeds , i much doubted to obtain my suit : yet importuned thereunto , i did at length tender my service by humble petition , ( not usuall for men of my quality , ) and thereupon , as a committee himself told me , the whole court stood for me , applauding my honesty and ability to doe them service . but they all , or most part , having passed their votes for me , except the governour sir morris abbot , who by his inveterate malice overturned all among time-serving committees , first confessing with them , that in his conscience he took me to be an honest man , and for my ability he could not except aginst it ; yet if the court would be advised by him , his opinion was , i was not a fit man to serve them , expressing his reason , that i was a distracted man . indeed solomon sayes , that oppression will make a wise man mad ; but god be praised for his abundant mercie , that hath preserved me in my right senses , notwithstanding the wicked endeavours of a bribed , oppressing , malicious governour . behold the wisdome of the worldly wise in this matter , and in the former : for my sallary and gratification , if i were a bad servant , how could i deserve a large gratification for good service ? and if i were a good servant , why should i lose my covenanted sallary ? but being a good servant , as approved , and a gratification . l. given me , therefore by full vote of court , as also expressed in a copie of decree of the said court , given me seven moneths after , why was i then surreptuously robbed and dispoyled thereof ? so also , if i were an honest and able man to undergoe the companies imployment , how was i distracted ? and if i were distracted , where was my honesty and ability ? thus wisdome at such wisdome doth but scoff , when men do ill that good may come thereof . thus it is apparent , the slanders of a malicious corrupt insolvent governour ( hatefull at present to be acknowledged for good ) who made no conscience of his actions , even to defraud and cheat widdowes and orphans of their estates , as some of my own neere kindred have felt in great measure to their grief and hinderance in preferment . the accounts at last , to my great losse , were cleared at india , though not at home , and i again for quietnesse and necessities sake , petitioned the court for their favours , to grant me convenient passage in the companies ships , to seek my fortune again in another world , and in an old age for valuable consideration , with promise to do the company what accommodable service lay in my power , though i did not eat their bread , nor drink their water ; but that also was denied me , for feare belike that i should descry some of their juglings in privat trade with servants , or should shame them in their injudicious managing that famous action of commerce by my privat poor stock in a despicable way that they looked not after , nor regarded . and yet they granted the same freely and gratis to aliens and stranges of other nations , popish in religion , and enemies to the honourable action of commerce . and what was this then but to take the childrens bread , and to cast it to dogs , and to deny the poore decrepit lazarus the crums that fell from their superfluous tables , or with the envious dog in the manger , neither to eat hay himself , nor suffer the hungry ox to eat it ? and if this be justice , charity , and gratitude of the india court committees , which they boast of , and would have all the world to beleeve their abundant indulgence to deserving servants , let wise men judge : for i am at a non-plus , and must needs conclude with the sentence of scripture , the mercies of the wicked are cruell . thus seeing my selfe so unconscionably handled , and disfranchised of all freedom or comfort in that company , of whom i had well deserved even by their own approbation ; denying me also , though dis-franchised , to repay me . pound , paid almost thirty yeares before for that freedom , i was advised by my own thoughts and friends counsell to petition to his majesty for a reference of my cause to indifferent men ; which by his majesty was most graciously granted me , referring it to . good men on my side , and to as many on the courts side , to make conscionable end to my content , or to make report unto his majesty . the three good men for me were , the right worshipful sir henry row , knight , and the worshipfull george clark , now knight , and rob. grimes esquire . and the court with much ado elected in the end , the right worshipfull sir iob harvy , knight , and the worshipfull thomas keightly , and daniel harpey , esquires , all bred merchants on both sides . the affronts and contempts to his majesties command , and to all the referrees , were to large to recite : who having spent a whole yeare and more upon many summons , never met a full committee of their side , above three times , and at those times nothing done but wrangling made by three committees out of court , and three or four officers to oppose me alone before the referrees , and that because the referrees would not account their orders of court penned in large volumes , to be as authentick records , or as acts of parliament . and so nothing at all being done , i intreated all the referrees to make report to his majesty , which they all seemed willing to perform , but condoling my infortunate and hard measure , lent me their good counsell , alledging it would not onely be a chargeable and irksome busines to me to goe in winter time to the king as farre as scotland , but also perhaps distastive to his majesty to be troubled in midst of his important affairs with his army , in or neer the borders of scotland , & to commence suit in law , were to fling away more money . for the court being of more credit either at the councell table , or in any judicious court in england , would be more potent against me , and that out of a generall stock , or purse , then i should be , though i had the best of their estates . and withall told me , that the court had made an offer to them to give me two hundred marks ( a poore summe in regard of my due debts and wrongs ) so that i would give the whole court , and every particular man , a generall release , yet leaving me to take my course in law against my revengefull india adversaries , provided that all the referres should set to their hands as witnesses to the release . to the which in the end , by their perswasions , and my own extream necessitated case to preserve my credit ( yet never justly stained , and to relieve my ruined family , consisting of my selfe , wife , and five children , all young and unprovided for , i enforced , ( as upon oath i am ready to averre ) yeelded unto : which done , the court yet again considered with themselves , that all things was not agreeable to their second thoughts , and therefore contrary to their propopositions to the referrees , would have releases granted to my india adversaries also , or else would pay me no money : which though i was resolutely bent not to doe , yet necessity having no law , i was in the end compelled to perform , ( being somewhat more perswaded by the friendly information of sir henry garraway , who though he confessed himselfe to have opposed me formerly in court , yet now he was my best friend there , promising to do me any future courtesies that lay in his power ; and withall freely imparting unto me the courts ace using consciences , that if i did proceed in law against my india adversaries , that all the aspersion of those foule proceeds , would reflect upon the court ; and therefore they would make all sure . the courts atturney then framed a large authentick release , and withall put in a clause , that at the instance and request of the referrees , the court had yeelded to give me two hundred marks . which release being brought to sir henry roue , ( in his presence for me to set my hand and seale ) to be a witnesse , he right nobly , as became his vertue and goodnesse , subscribed thus , or to this sence , i do testifie as a witnesse to this release , the sealing and delivery thereof : but that i had any hand to solicite the india court in boothbyes behalfe , i utterly deny . this done , the other referrees denied to subscribe in any other sense , which did so blurre the governour and court with shame , that they caused their atturney to draw a new release , leaving out forenamed clause ) and taking such other hands as he could get besides his own for witnesse . all things now effected to their bad desires , i thought all malice and revenge had been clean wiped out ; and therefore renewed a former petition for readmittance into the companies service , or for passage in their ships into india upon my own adventure , but could prevaile nothing to the charitable relief of me and mine . and not long after , that corrupt insolvent governour , sir morris abbot , died ; for whose soul , were it lawfull and effectuall to pray , i would yet lend my earnest devotions to god for mercy in his behalfe . and a little before his death it pleased god to grant a parliament in england , and then it grieved me to heart to have given so effectual a release ; yet perswaded by learned counsel , that the parliament in a just cause would wave an inforced release , i framed a petition by advice of the said learned counsell , to the parliament , which was preferred by a friend to mr. brown , clerk to the house of peeres ; in whose hands , if not cast aside , it yet lies , in regard of an ordinance of parliament to deferre private mens petitions for a while , to give way to important affaires of state , as reason required . and and so all hope of release that way , were all at a stand , i resolved to go to roterdum in holland , to endeavour to get a passage in their dutch ships into india : and to that purpose about michaelmas , . i wrot to two of my ancient loving friends , the worshipfull william cranmer , deputy governour to the merchant adventurers of england , and to mr. iohn strange a worthy citizen of london , both resident at roterdam , to intreat their furtherance to assist me in that voyage for convenient passage : and from both received right courteous reply for their good assistance , and convenient entertainment during mine abode there . but presently after it pleased god to hinder that intent , by imposing upon me a long and tedious disease , a flux , for three full yeares compleat . and during that time ( though i were not able to stirre much abroad , yet ) i bethought my selfe how to provoke the india court to commence suit in law against me , hoping by that course to obtain fauour to defend my cause in forma pauperis ( which i might rightly claim ) and that was by publishing a protest against the governour and whole court , which having formerly acted in private to themselves , for which they threatned me with severe punishment in the court of honour , but recanted . i deemed that making it publick , it would certainly stir them up to that suit : so though unacquainted with the manner of such proceeds , i rudely and ignorantly penned such a protest as my weak judgement did apprehend , which i caused to be fixed upon the gate of the east india house , and upon sir morris abbots gate , and upon four chiefe pillars on the exchange . but they had not hung long , but were presently snatcht off : and from that day to this , i never felt the smart of their second more cruell oppressing threats ; so that no act that i could do , would provoke them to lay open their own shamefull proceeds , and my weak purse living upon a small rackt countrey farme , chiefly supported by indulgent friends , would not afford means to right my selfe : my sicknesse thus continuing three years , it pleased god ( contrary to all rules of physick , and multitudes of medicines , following my own appetite and fancy ) to stop my flux , though it had brought me low and weak in body ; yet finding my selfe able to creep a little abroad , ( though with much pain , with two short staves to lean upon , i took a chamber in london for the winter time , for sundry reasons and occasions . and one day making shift with many restings , to creep to the exchange , i met there with my ancient acquaintance and friend mr. william methold , lately returned from being president in india ( a place assigned for me , if malice had not prevented ) and at present deputy governour of the india corporation ; who by being in india , was better acquainted with my wrongs , as his letters out of india , and his speeches since at home , condoling my wrongs suffered under the tyranny of a president ( a man of matchlesse malice ) do import , whose advice and counsell i intreated , seeing the old governor sir morris abbot was dead , and sir henry garraway turned out of that place , and a new governour mr. william cockhaine , and many new committees chosen , whether he did suppose , that if i renewed my former petitions for passage into india , i should obtain my desire : his answer was , he deemed my petition would be granted ; and that the voyage into those hot countries would in great probability speedily recover my limbs again ; yet willed me to forbeare untill he had felt and dived into the affection of the governour . and whilst we were thus in discourse , mr. governour came to him , and called him away from me ( upon some occasion of businesse : ) so that conference breaking off , i repaired within few dayes after , to his house , to know the issue ; where he told me he had conference with the governour concerning my purpose , and found him an indifferent man , and so willed me to proceed , promising his faithfull assistance . accordingly i framed a petition , and in regard of my weaknesse , feed a solicitor to exhibite the same , and to attend the courts response ; which finding dilatory , i seconded the same with a submissive epistle , intreating reply to both ; but though he attended about five moneths , every court day , & other dayes in the interims ; yet could never get answer to either . what to think of the governour cockhaine i know not in regard of his former voting in court , before he was governour ( in my cause ) that i had undergone both in india and at home , summum jus , which is a riddle to me ( though at first i conceived it to be spoken in my favour ) because though urged both in privat and publick , he never pleased to interpret his meaning , and i should be glad for the good opinion that i ever had of him ▪ that his good interpretation would cleare him from reproofe ; of which i much doubt ; for being taken in my favour or disfavour spoken , the sequell as i conceive and think , i shall be able to manifest , that his sentence was neer a kin to pilats , or balaams ; yet i will use balaams prayer for him , that he may die the death of the righteous , and his end be like his . and because there hath been foure governours of the india courts , since these my troubles , whereof two , ( sir morris abbot , and sir henry ga●raway ) i have manifested in this fore-mentioned treaty , their partiality , injustice , and corruption ; and at present mr. william cockhaines deep machivill equivocation , to shift or wind himselfe ( serpent-like ) to either side which way soever for his advantage . i conceive it requisite to say somewhat touching sir christopher cletherow , ( almost forgotten ) who though both in the judgement of the world , and in my own charitable opinion of him , esteemed honest and vertuous : and never that i could learn ( by the best inquiry that i could make ) that he ever opened his mouth in court against me , during the time of his governours or deputy governours place for many yeares , yet tacitous in defence of the cause of innocency , is not to be excused : for he knew that i was privie to the passages between him and his sonne in india ; whose sonne at his departure from india , left commission with me , to take up & open his fathers letters : whereby i could justly have charged him with such crime as the other corrupt governours unjustly charged upon me ; which peradventure was the cause he never opposed me : yet to doe me justice ( that pleased him not , ) both because he would not crosse the former governors actions , nor lose ( by their means ) the courts favours , so commodious unto him both by allowance of two hundred pounds per annum , rent for part of his house to keep courts in , and also five hundred pounds per annum sallary , for his pains in place of governour , to attend foure , five , or six houres in a week , upon those affairs , ( a faire and large recompence for a triviall pains or service . so that in this case i may well compare him to faelix , the governour of iudea , who being to leave his government to portius festus , and having paul a prisoner , committed by the iewes , and knowing in his conscience no cause in paul worthy of death , or of bonds , yet to curry favour , and to please the iewes , left paul bound a prisoner ; and whether for this sin or others , it pleased god to cast judgements upon him by the dismall untimely deaths of his two eldest sons , i leave it to the opinion of others lesse partiall , desiring not to be accounted uncharitably censorious . thus with more perplexity then i conceived , or intended , i have according to my weak capacity , set down truly , and as briefe as i could , the summe of those passages which i intended to have inlarged into every particular , to which end i began the same the last spring , as my weak body would permit me ability , ( but finding the same intermixed with severall accidents in my voyage to and from india , with desription of many countries , wherein we had aboad , i found it would arise to too great a volume for my weak purse to publish in print , and perhaps not acceptable though bestowed gratis , especially if thereto added the particular articles against me , and my response thereunto ; the sundry protests made in india , at st. helena , and in england , for the unjust proceeds against me , with mr. rastels warrant for my release of imprisonment , &c. and the india courts malignant censure , seven moneths in composing , to fit the same to daub over their seared accusing consciences . the defence for privat trade for all the companies servants , with the courts indirect jugling in the covenant and accord with their servants , which they are forced to confesse they must of necessity connive at , or else shall have no servants to agitate their affaires : and yet honest men , that either want means to bribe , or friends to stand by them , shall not escape their severity . the great danger and mortality of his majesties subjects in those adventurous imployments , ( the good deserving , great indulgence and respect ) the variety of presidents and councels , &c. their juglings and defraudments . the excessive lavish expence in house-keeping at surrat , and aboord their shipping . the advice given to reform the abuses of lewd and tyrannical governours . increase of their trade to l. per annum profit , or much more 〈…〉 tion of their defraudments and neglects past , and like 〈…〉 sue to many hundred thousand pounds dammage . 〈…〉 courts contempt of my faire proceedings ( according to their own ordinance and in●unction ) for raising benevolences to the furtherance of the hospitall at black-wall , with the forwardnesse of my loyall serviceable endeavours , ( according to command ) which had it not been rejected , but seconded , would ere this dey , have brought in money to have purchased many hundred pounds , if not thousands per annum , to that charitable work . and lastly , expressed ( which perhaps not unfit to be taken notice thereof ) of gods judgements upon all those in india not one exempted , that voted ( though for feare by their own confessions ) against me . and also the judgements of god , or disgraces to them or their posterity , of all in their india courts known to have voted or banded themselves against me ( one only excepted , and yet living , which for reasons of state i omit to nominate ) with the credit and blessings of god on those ( but three in the number of thirteen or fourteen ) which did their endeavours , as much as in them lay , or they durst ( for feare of a tyrants mischiefe to themselves ) to cleare me from crime or aspersion , all which now after fifteen yeares , are yet living , and in reputation . and hearing the report of some ships of mr. curteens , that were then laden with passengers for a plantation at madagascar , and that mr. walter hamond ( my acquaintance , an honest intelligent man ) had written a book for encouragement to that weighty designe ( though i had not seen that book ) i alt●red my designe , and took upon me to write my opinion thereof , ( affecting rather a common good , then my own privat and particular ) which if not authorized to the presse , i suppose will be in good time , which i desire and hope , will find good acceptance , though we●kly yet truly performed . now a word or two touching my infortunity by the governors of two cockhaines in severall companies : by the government of sir william over the new merchant adventurers , i received the originall of my downfall by his evill project , which though lasting not full two yeares , brought some hundred thousand pounds dammage to this common-wealth , as may easily be manifested , and by the hinderance of good under the government of mr. william cockhaine in the east india company , i received my finall ruine and downfall : so that their names and governments have been fatall , ominous and disastrous to me and all mine . that mr. cockhaine hath been a hinderance of good to this common-wealth , i will onely instance in my own case ; had he been a wel-willer to justice or charity , my true intended loyall service might have done ere this day , much good to this kingdome , and the honorable corporation , as their own acknowledgements of india court , and gratification of good service manifested ; yea , as some of the most judicious amongst them have acknowledged , that i did the company better service in one halfe yeare being in india free from fetters and imprisonment , then all their servants did before in thirty yeares space . and that my zealous intent was now , and upon my last and other petitions , to do good , thus i manifest it . i intended , though weak in body , and aged threescore yeares , to hazard my life for my king and countries good , and to have taken with me two sonnes , one of two and twenty years of age , ( fit for imployment by my instructions ) and the other of twelve years of age , capable to be brought up in language , and other endowments fit for a merchant ( or perhaps a statesman in some mean degree , or an intelligencer , or an interpreter of persia , iava , and other languages by long continuance intended , ) i resolved also to enter into a trade that the company rejecteth , and regardeth not , and to discover more then yet by any one man hath been done , or like to be in long time , i would not have transported any gold or silver , as they as ill commonwealths men do , i would not have kept any thing privat to my selfe , that i should have discovered beneficiall to a generall good , but have revealed it to the honorable company whereof i was a member , though i received no accommodation of good , but evill by them . and i intended to be a true assistant to my power ( and credit , which i hope should not have been inferior to any , as it was not at my former being there ) for the good of the plantation at madagascar , if it went on , to do them all diligent and faithfull service ; and as god blessed me with means , by imploying the greatest part in that worthy right honorable action , something to the gratification of friends for courtesies received , some comfort to the preferment of a wife and three daughters left at home ; and some to the comfort of gods poor elect in my own countrey . if mr. william cackhaines refusall to give response to my petition , was not hinderer of these good designes , indifferent men may censure . then sure , as a learned divine of our times , mr. carrile , hath put it out in print , by order of parliament , that the projectors of evill , and hinderers of good , are both conformable to the devill , then is he in danger of such censure . and the heathen by the light of nature could say , that agentes & consentientes pari paena puniendi , and so deserves sutable punishment . and in my weake judgement it were not amisse , if such good law were inacted in this kingdome , as by report fat mr. symmonds , merchant , being called to councell table , to know his opinion among others , touching sir william cockhaines project , made reply ( not spending his judgement ) that the law of the lacedemonians was good , that every projector of new businesse in a common-wealth , ought to present his project with a halter about his neck , that if his project proved ill to the common-wealth , he should suffer a due desert . and thus i abruptly end this remonstrance or declaration of the intollerable wrong done to me & mine , and perhaps in us , to the prejudice of this common-wealth ; which my malignant adversaries , or partial time-serving injust india court-committees , are and will be ashamed to verifie in any judicious court of justice against me ; but being put to triall , or examination , will either plead their ignorance , or deny they ever voted against me . but such men ought to know , that he that sitteth an assistant in court of justice , and for by respects pleadeth not in the defence of the innocent , supposing himselfe cleare of aspersion from god and man , if he sit still , and say nothing either in defence or offence to the innocent , let such men , i say , know ( that if our modern divines preach not false doctrine ) that they , or he , whatsoever , ( by his tacitenesse , is as guilty as the unjust judge that pronounceth wicked sentence against him . concerning which ( i humbly desire vertuous , prudent , judicious men , to consider the matters , and to give their righteous judgement . right honorable , i have discourst to your just hearing eares , my wofull plight , and dolefull tragedy , with mournfull accents , accents causing tears , sad teares attending matchlesse misery . your pitties eares therefore ( just lords ) affoord to these most pensive and most just complaints : let mercies eyes with pitties eares accord , to cheare the spirit that with grieving faints : in hope whereof my soule shall rest in peace , till you vouchsafe to send her full release . psal. . , , , . o god , the proud are risen up against me , and the congregations of naughty men , have sought after my soul , and have not set thee before their eyes . but thou ( o lord god ) art full of compassion and mercy , long suffering , and plenteous in goodnesse and truth . o turn thee unto me , and have mercy upon me : give thy strength unto thy servant , and help the son of thy handmaid . shew some good token upon me for good , that they which hate me may see it , and be ashamed , because thou , lord , hast holpen me , and comforted me . finis . notes, typically marginal, from the original text notes for div a e- iob saith , with the dogges of my flock , iob by the king, a proclamation, for the recalling all his majesties subjects from the service of foreign princes in east india england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) by the king, a proclamation, for the recalling all his majesties subjects from the service of foreign princes in east india england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) ; x cm. printed by charles bill, henry hills, and thomas newcomb ..., london : . broadside. caption title. royal arms (steele ) at head. reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. india -- commerce -- great britain. great britain -- commerce -- india. broadsides -- england -- london -- th century - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion diev et mon droit by the king. a proclamation for the recalling all his majesties subjects from the service of foreign princes in east india . james r. whereas we have been informed by our east india company , that several of our subjects , in order to the carrying on of the interloping trade , contrary to our express prohibitions , have put themselves into the service of foreign princes and states within the east indies , and some of them after they had been retained by the said company , and transported thither at great expences , have deserted their service , and put themselves into the service of the said foreign princes , to the great endangering of so beneficial a trade to vs and this our kingdom , unless timely remedy be by vs applyed for preventing the growing mischiefs which may thereby ensue : and our said company having humbly besought vs by our royal proclamation to recall all and every of our said subjects in the service of any foreign prince or state within the east indies , we by the advice of our privy council , do hereby publish and declare our pleasure to be , and do hereby strictly charge and command all and every of our subjects in the service of the mogul or great king of indostan , the king of syam , the queen of atcheen , or of sumbajee rajay , or of any other foreign prince or state , or of the dutch east india company in the east indies within six months after publication of this our royal proclamation in the east indies , to leave the service of all and every foreign prince and state in india , and to repair and render themselves to our general and council at bombay , where such as are merchants shall have liberty to reside and traffick as free merchants , and such as are seamen and soldiers shall be employed in the service of the company at the usual rate of wages paid by them to seamen and soldiers . and in case any of our said subjects shall refuse to trade and traffick as aforesaid , or to enter into the service of our said company as aforesaid , then we do hereby strictly charge and command our said subjects to repair into england , and to appear before our privy council in england , within one year after publication of this our royal proclamation in india , upon pain and peril that such of our said subjects who have deserted the said companies service , and shall be apprehended there after the times limited as aforesaid , shall and may be proceeded against at a court martial there for such their desertion ; and upon pain and penalty that such others of our said subjects who never were in the said companies service , and shall not render themselves within the times aforesaid , whensoever they shall be found or apprehended in india aforesaid , or else within this our realm , shall and may be proceéded against either in india or in this our realm as contemners of our royal commands , and shall incur such fines and forfeitures as by the utmost rigour of law may be inflicted on them . and we do hereby require our general and council of india residing upon our island of bombay , and our president and council of our city of madrasse residing in our fort of st. george upon the coast of cormandel , to cause this our royal proclamation to be published in all usual places in india , and to be duly executed according to the tenour hereof . and we do further will and require all our captains and other officers by sea or land in the east indies , to be aiding and assisting in the due execution hereof . given at our court at windsor the seventeenth day of july . in the second year of our reign . god save the king . london , printed by charles bill , henry hills , and thomas newcomb , printers to the kings most excellent majesty , . the tryal and execution of father henry garnet, superior provincial of the jesuits in england for the powder-treason collected by roger widdrington, a roman catholick, and by him addressed unto pope paul the fifth, printed in latin in his appendix to his humble supplication, p. , and thence translated. now published to make it further evident, that it is no new thing for jesuits to curse and ban, to justifie a lie. humillima supplicatio. appendix. english. selections preston, thomas, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the tryal and execution of father henry garnet, superior provincial of the jesuits in england for the powder-treason collected by roger widdrington, a roman catholick, and by him addressed unto pope paul the fifth, printed in latin in his appendix to his humble supplication, p. , and thence translated. now published to make it further evident, that it is no new thing for jesuits to curse and ban, to justifie a lie. humillima supplicatio. appendix. english. selections preston, thomas, - . p. printed for johnathan robinson ..., london : . reproduction of original in huntington library. widdrington's real name is given by dnb as thomas preston. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng garnet, henry, - . east india company. jesuits -- england. gunpowder plot, . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the tryal and execution of father henry garnet , superior provincial of the jesuits in england for the powder-treason . collected by roger widdrington a roman catholick ; and by him addressed unto pope paul the fifth ; printed in latin . in his appendix to his humble supplication , p. , and thence translated . now published to make it further evident , that it is no new thing for jesuits to curse and ban , to justifie a lie. london , printed for jonathan robinson , at the golden lyon in st. paul's church-yard . . to the reader . having observed that in one of the late trials , it did appear by one of the witnesses , that the jesuits old flam is still alive in some of their mouths , viz. that the powder-plot was but a trick of cecil's ( as ireland told mr. jennison ) to bring an odium upon the papists , i have thought good to give here an account of the trial and execution of father garnet , written by a learned and eminent roman catholick , the truth of which he had confirmed to him by many others of the same profession , who were eye and ear witnesses of what he writes ; and which he addressed unto the pope himself : and therefore i presume he may be accounted by papists a more impartial relater , then if he had been a person in other circumstances , or had not told it the pope to his face to keep him from being fallible in sainting a traytour ; for the author had said but a few lines before that garnet had been lately inserted into the catalogue of holy martyrs in the english martyrology , made by one wilson , sometimes scribe to father parsons in the english colledge at rome . i confess i have sometimes wondred at the wit , as well as the im●udence of those men who think they have finely excused themselves by saying that cecil trapan'd them into that plot. ( for that they were in it over head and ears , the present relation shews ) when as they might more truly have said that the devil drew them into the conspiracy , ( as they said he discovered it ) which would have been the better excuse of the two ; by how much the devil is a more subtle seducer , and so it will be the less imputation of reproach to have been out-witted by him ; but in laying the fault on cecil , they do thereby but prove themselves as weak as wicked , and as much fools as knaves , and so renounce that darling attribute of their order . upon this narrative the reader will ( i doubt not ) make many considerable remarks ; as for instance , . that it 's no new thing for a jesuit to curse and ban himself to justifie a lie ; and therefore less to be wondred that they should die with a lie in their mouths now . . that one reason of their so doing is , because they think the contrary cannot be prov'd against them ; or , upon their execrations of themselves , will not be believed to be true . . that they have a certain doctrine of equivocation among themselves , how far , and when it may be made use of , which unless others knew too , they cannot tell how far or when to trust them ; but if they did know , the trick would become useless and ridiculous . . that the society is greatly improved since those times , especially in the forehead vein ; for here poor garnet is said to have blush'd , when found in a lie , and to have confest his fault ; but his successors had so much of the white , that no red could be seen ; they are now got above such childish passions , as our late trials and executions have given us abundant testimony . . that all papists were not in the plot then , as 't is hop'd they are not now ; but what they might have been after the blow given , we know not ; but as then 't was disown'd when it succeeded not , so now deni'd that it may go on ; but i shall leave the reader to make his own further observation . the tryal and execution of father henry garnet , &c. father henry garnet , being at that time superiour-provincial of the jesuits in england , was in a publick court of judicature held by many peers of the realm , and those privy counsellours to our serene king ( many thousands of men , and among them many roman catholicks being present ) arraigned and condemned , and afterward executed for being a contriver of , or consenter to , or at least privy to that most horrible powder-treason . there were many proofs offer'd to the twelve jury-men ( who by the english custom are to pass their verdict , whether the prisoner at the bar be guilty or not of the crimes whereof he is accused , before the judge may pass his sentence ) by the king's council and other lord 's appointed by the king , who sate upon the bench , which did prove the said father garnet guilty of contriving , or consenting to , or at least being privy to the aforementioned treason . and because it would be too tedious to reckon up in particular all those proofs which were taken and objected against him , both out of letters written with his own hand , and produced by the king's council , and also out of his own free confession , which he had before his trial made unto the lord's deligates who examin'd him , and sign'd with his own hand ; ( for , which is very considerable , he was not compelled to discover the truth by putting him to any kind of torture , which yet is usual in all other nations , but they only took those things in writing , which he of his own accord would confess ) and lastly , out of the testimonies of the conspirators themselves ( and mrs. anne vaux , one very intimate and familiar with him ) all which are apparently to be seen partly in the publick records , since printed by authority , and partly in the answer of the bishop , then of chichester , now of ely to matthew tortus , who doth examine the matter with great accuracy : therefore i shall content my self to relate only some few things of many , which i have heard confirmed to me by roman catholicks , who were present at his trial , which he either was publickly convicted of , or confessed himself in open court. and which may be abundantly sufficient , for your holiness to make a clear judgment from them , whether father garnet be to be accounted a true martyr of christ , and to have suffered for righteousness sake , or else a very traytour , and to have suffered for his own demerits ; or else , being neither martyr nor traytor , he were condemned of that powder conspiracy unjustly only , and without sufficient evidence . first of all therefore there were very many proofs offered to the jury , which did seem to prove evidently , that father garnet was privy to the said conspiracy , and therefore himself did in open court before all present confess , . that he had had some notice of the plot in the general , even out of confession , from catesby , who was the principal conspirator ; when he came to father garnet to ask his advice , whether it were lawful in any case to destroy the innocent together with the guilty ; which ( said father garnet ) at first i thought to be but an idle question , though indeed afterwards i did suspect that he had some ill design in his mind ; and yet to this question he gave his resolution , viz. that without doubt a man might lawfully destroy the innocent together with the nocent , if the doing of it might produce so much good as might countervail the death of some innocent persons . . he confessed also that he could have known the whole plot in particulars from catesby , who would have made to him a particular narrative of his design , which yet garnet would not listen unto . but father garnet affirmed that he did desire catesby once and again to acquaint the pope with his undertaking . to which catesby returned this answer , that he would not learn the pope's mind of him , which himself did not at all doubt of . . he confest that he had heard the whole conspiracy in particulars from the jesuit father oswald tresmond , alias greenwel , whom he strictly injoyned , ( said father garnet ) both to desist from the enterprize himself , and to use his utmost endeavour that the rest of the conspirators should proceed no further . but to this his answer the king's attourney thus replied ; that this confession was not true , but seigned and shifting , and only palliated under the pretext of confession , seeing that about this confession father garnet had nonoriously shuffled before the lords delegates : for being commanded to answer seriously whether or no he had really in confession heard the whole matter in particulars ; i answer ( saith father garnet ) that as we were walking , tresmond alias greenwel declared the whole matter under the greatest zeal ; which i understood of the zeal of confession , though he perhaps might mean some other less zeal ; neither can i affirm it for certain that he did intend to declare what he did in way of confession . then the earl of salisbury said , that there was no credit to be given to his bare affirmation or negation , seing that father garnet had formerly before the lords delegates been convicted of manifest perjury to his own great blushing and confusion . for when after his secret discourse with oldcorn the jesuit ( alias hall ) ( which yet was over-heard by some ) he was asked by the lords delegates , and desired to answer without equivocation , whether or no he had had any conference with father oldcorn in the prison ; father garnet did peremptorily deny it upon his salvation , which he repeated with such horrid imprecations ( said the earl ) that he seemed to wound the ears of those that heard him . and yet so soon as father oldcorn confest that he had discoursed with him , father garnet blushed ask●● pardon of the lords delegates , and confessed himself to have sinned 〈◊〉 ●quivocation could relieve him . and afterward the same earl asked father garnet that he would produce but so much as one argument besides his own simple negation , which might perswade a prudent man to believe that he was not consenting to the conspiracy : to whom father garnet answered not a word . in the second place , that father garnet was not only privy , but also consenting to the conspiracy , these among others were the proofs . . his silence and concealing of it , having heard it in the general from catesby , ( and might also have heard it in particular but refused ) yet did not reveal it . for he that conceals what he ought to discover , is said to consent to it ; and he which doth not hinder what he might , and ought to hinder , by revealing it , it is manifest that he is consenting to it . . the father tesmond's and father gerrard's ( both jesuits ) and the rest of the conspirators persisting in the plot ; who did wholly depend upon the authority of those fathers , especially garnet , in this wicked enterprize ; as also the words of father oldcorn the jesuit to humphrey littleton , when ( after the conspiracy was discovered ) he told him that catesby and others were miserably wounded by the suddain firing of gun-powder , and that he was heartily sorry that the pains of so many days was now vanished into smoke , and was come to so lamentable an issue ; whom father oldcorn bad not to take it so much to heart , nor judge of the equity of the cause by the event . for , the eleven tribes of israel ( and those ) gathered together at god's command , did twice joyn battle with their brethren of the tribe of benjamin , yet both times they lost the day . and saint lewis king of france raised a vast army , and went to the holy war against the sarazens , though he had a good cause , yet was he conquered , and his army routed . the christians also that so stoutly defended rhodes against the assaults of the turks , yet were they constrained to resign the city to the enemy . for , all these things do seem to make it sufficiently manifest , that father garnet did not truly and really detest that conspiracy , nor cordially command father tesmond and father gerard to desist from it ; since it is not likely , unless they had well understood that father garnet did consent to that conspiracy , that they durst have persisted in so horrid a wickedness ; which , if it were once discovered , would prove the ruine of their whole society here in england ; and this , contrary to the command of their superior . nor that father oldcorn should dare to commend it as a good enterprize even after it was discovered . thirdly , ( to conclude ) that father garnet was not only privy and consenting to that treason , but also an adviser of it , these among others were the reasons brought to prove . first , the shewing to catesby of two apostolick letters or briefs of pope clement the eighth ( which were sent to father garnet ) whereof one was directed to our beloved sons the catholick princes and nobles ; the other , to our beloved son the arch-priest , and the rest of the clergy of england . in which letters the pope exhorts the english catholicks , that after the death of queen elizabeth they should not admit of any to the crown of england , how near soever he were in blood , but only such an one as would not only tolerate , but with all his might promote the catholick faith , and , more majorum , give his oath that he would perform it . for , by these letters was catesby confirmed in his wickedness , thus arguing from them . those who might then be kept out , may now be cast out again . it is as lawful now to hinder the king from enjoying , as it was then to hinder him from entering ; but then clement would have us catholicks to have hindred his obtaining , and therefore now it shall be my care to look to this matter . secondly , the second was father garnet's answer to the question of catesby , concerning the slaughter of the innocent together with the nocent . from these two did catesby ground himself , and build all his intentions upon them . the third , was the persistence of father tesmond and father oldcorn in their wicked enterprize , and father oldcorn's commending it as a good act , though now discover'd and unsuccesful ; for it is not credible that they should dare to do so , unless they had ask'd the advice , and known the mind of their superiour , that is , father garnet , especially in a matter so weighty and so dangerous to their society , as this might prove . at length father garnet being much moved by the speeches of the earl of northampton , and the earl of salisbury , brake forth into these words : that he had done more than he could form any just excuse for ; and wish i had never known the business of this powder-treason ; and at last he humbly besought god and the king , that the other catholicks might not fare the worse for his sake . out of these and many other arguments ( which for brevity sake i mention not ) it seems to be plain , that the jury , and the lord chief justice ( to whom it belongs to pronounce sentence of life or death ) might deservedly think , that father garnet having had notice of the treason ( and that out of confession ) and yet not revealed it , and seeing it was his own fault that he had not particular notice of it , that so he might have revealed it , and since that to make it appear that he had particular notice of it , in confession only , there is nothing but his own simple assertion ( to which in this matter credit ought not to be given ; especially seeing he was before convicted of perjury ) was , if not a counsellor of and consenter to , yet at least privy to that treason which he did not reveal ; and therefore according to the ancient laws of england , guilty of high-treason . wherefore , all the arguments and proofs of what had been said and done , together with father garnet's answers , being heard and referred unto the jury's verdict , who brought him in guilty of the charge laid against him ; the lord chief justice pronounced this sentence against him , that he should be drawn , hanged and quartered . then the earl of salisbury ask'd father garnet if he had any more to say : to which he answered ; no my lord , but i humbly beseech your lordships to recommend my life unto the king , at whose command i am most ready to die , or to live and do him service . and these things were transacted in the publick tryal of father garnet at his arraignment , which i have recited faithfully , though perhaps not all in the same order wherein they were done . but of what passed at his execution , this is the sum which follows . being brought to the place of execution , and having ascended the scaffold which was set up on purpose ; sir henry mountague recorder of the city of london ( being commanded by the king to be there present ) asked father garnet if he had any thing to impart to the people that stood about him , telling him that it was no time now to dissemble , since his crimes were manifest unto all ; and therefore if he pleased he might testifie to all , what he thought concerning his own condition , and his crimes ; for he should have free leave , if he had any thing to say . father garnet answered , that his voyce was so low , and his strength so spent , that , if he should speak to the people , he could not be heard . but to those that stood by him on the scaffold , he said , that it was a wicked plot , and the design was so horrid , that if it had taken effect , he could not but have detested it from his very soul ; adding that he only knew of it in general from catesby , and yet herein he had offended that he had concealed it , and neglected to prevent it ; but what he knew particularly of it , he said , he had heard it only under the seal of confession . but the recorder admonished him that he would remember these four things the king had by him in writing , signed by father garnet's own hand , viz. . that greenwel ( or tesmond ) had signified the matter to him , not as a sin , but as that which he before was acquainted with , and to the intent that he might ask his advice about it . . that catesby and tesmond came to him that they might be confirmed in their wicked undertaking . . that tesmond and he had a good while after , had a conference in essex concerning the particulars of the gun-powder-treason . . that tesmond had asked father garnet , who was to be protector of the kingdom ? and father garnet answered him ; that was to be respited till the matter was done and ever . these things shew that these wickednesses were known to you otherwise than by confession ; and these things are under your own hand . father garnet answered , whatsoever is under my hand is true ; and because he had not discovered to his majesty what he knew , sentence of death had justly been passed on him , and he begg'd pardon of his majesty for it . then said father garnet , i am come hither on this day which is the feast of the invention of the holy cross , to put an end to all the crosses which i have suffered in my life , you are not ignorant of the cause of my suffering ; i confess i have offended against the king , and am sorry for it , so far as i was guilty of the plot , viz. in concealing it , and for this i humbly beseech his majesty to forgive me . the plot against the king and kingdom was bloody , and such as if it had been executed , i should have detested with all my heart and soul . and truly i am very much grieved and troubled that catholicks should ever undertake so horrid and cruel a wickedness . then turning from the people to them that stood about him , he made an apology for the lady anne vaux ; and as concerning the pope's briefs , and edmund bainhem's going beyond sea ; and the powder-plot , he referred himself to his arraignment and his confessions , for whatsoever he had confest and given under his hand , was true . and then preparing himself for death , he kneeled down at the ladder's foot , by which he was to ascend the gallows , and asked if he might pray , and how long ? it was answered , that he might pray as long as he would , and that none should interrupt him . when he had risen up again ; the recorder observing by his gesture , that he was discomposed by earnest expectation of a pardon , bid him not to deceive himself , and his own soul , for he was brought thither to die , and die he must ; withal requiring him that he would not equivocate now with his last breath , but if he knew any thing that might be prejudicial to the king or kingdom , that he would declare it . father garnet answered , this is no time to equivocate ; how far forth it 's lawful to equivocate , and when , i have already declared my opinion elsewhere : but now i do not equivocate , and i know no more than i have confessed . being now upon the gallows , he used these words ; i recommend my self to all good catholicks ; and i pray god to protect the king's majesty , the queen , the royal issue , and the lords of the privy council ; whom i salute most officiously , and with whom i am sorry that i should dissemble . but i did not think they had had those proofs against me which they had , until they produced them : for then i thought it a greater honour to confess , than before to have accused my self . as for my brother tesmond , i wish that the truth may appear , for false rumours would fasten more upon him than he is guilty of : i had never accused him , had i not thought he had been got out of danger . i pray god the catholicks may not fare the worse for my sake ; and i exhort them all , that they never have any hand in such treasons and rebellions against the king. then signing himself with the sign of the cross , and commending himself to the holy trinity , and the blessed virgin , the ladder being turn'd , he ended his life . and all this ( most blessed father ) was transacted , not in secret hugger-mugger , but openly , and as it were upon the stage , partly at his publick tryal in the chamber of london , before five illustrious earls , who were commissioned to judge in the case , and who had for their assessers ( besides the lord mayor of london ) three chief judges of the kingdom , and in the presence of an almost infinite number of men , among whom many were roman catholicks ; partly at his execution in the midst of the city before the gate of st. pauls , to which also there was a great conflux of people assembled ; so that your holiness , if you should doubt of the truth of any thing here related , and will not give credit to so great a multitude of protestants , ( who , it 's no way likely , should speak falsly in a thing so publick , and concerning which they might easily be convinced of falshood ( if any were ) by so many roman catholicks who were present both at the tryal and execution ) yet by those roman catholicks themselves , who were not conspirators ; but are much grieved that those fathers should have an hand in so horrid a wickedness , because of the great detriment and scandals which from thence have befallen the catholick religion ; while they are yet alive , you may easily be informed of the very truth of the several particulars which i have related , which i my self have heard from catholicks themselves , who were present at the transactions . finis . a letter to a member of parliament concerning clandestine trade. shewing how far the evil practices at the custom-house at london tend to the encouragement of such a trade. written by a fair merchant. fair merchant. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing l estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a letter to a member of parliament concerning clandestine trade. shewing how far the evil practices at the custom-house at london tend to the encouragement of such a trade. written by a fair merchant. fair merchant. , [ ] p. printed, and sold by a. baldwin, london : reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- administration -- early works to . trading companies -- europe -- early works to . foreign trade promotion -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter to a member of parliament concerning clandestine trade . shewing how far the evil practices at the custom-house at london tend to the encouragement of such a trade . written by a fair merchant . london , printed , and sold by a. baldwin . . a letter to a member of parliament concerning clandestine trade . sir , that the trade of this nation is the chief support thereof , is visible to any person , that considers the vast supplies which have been given to his majesty by funds laid upon trade during the war. and the great importance of maintaining the trade of the nation necessarily follows upon the consideration of the premises , which cannot be done while the fair merchant is unfairly dealt with , and indeed the whole affair of commerce embarass'd throughout the whole kingdom . the intrinsick value of the lands of this realm will not defray the charge of a long and expensive war , without the auxiliary assistance of merchants traders , who are not only the support of the realm at such a juncture , but in times of peace are the support of the civil list , and their stocks the funds of his majesty's revenue . his majesty is very sensible of the advantage of trade , who in his gracious speech to both houses of parliament at the opening of this sessions was pleased to assure his people , he would make it his business to encourage it , and as an advantage to it , propos'd the preparing of some good bill for the more effectual preventing and punishing clandestine and unlawful trading , which does not only tend to defraud the publick , but prejudices the fair merchant , and discourages our own manufactures . there is nothing conduces more to the encouragement of clandestine trade than the discouragement of the fair dealer ; for the fortune of the one is built upon the ruin of the other ; 't is the same in trade as in government : where knaves and ill men are in favor and prefer'd , and men of probity and honesty discountenanced , that government looks with a languid and sickly aspect . the clandestine trader is a creature bound neither by the laws of god nor man he robs cesar of his due , and makes a nullity of human laws ; he sacrifices his soul , conscience , honour , reputation , and all that is dear to mankind , to his insatiable avarice ; while the fair trader languishes under oppression , and becomes a sufferer by dealing honestly . but what shall we say ? where lies the fault ? have we no laws restraining clandestine trade ? yes , a great many ; but what signify laws if they are laid aside by noli prosequi's , letters of licence , or orders of composition from above ? these are encouragements to the clandestine trader , while the fair merchant is harassed by perpetual delays at the custom house , by the irregular working at the water-side , by the new gimcracks and methods introduced instead of regulations in the custom-house , by the trouble they meet with in passing their entries , attending many times several days together upon the officers : these are all hardships and discouragements to the fair dealer , while the smuggler eases himself of these perplexities , and the payment of his duties at the same time . to illustrate the thing more plainly , i shall begin with the latter , and show how the innovations in the custom-house are a common grievance and perplexity to merchants . after a merchant has learn'd his trade , he has one thing yet more difficult to understand , viz. the manner of passing his goods at the custom-house , and paying the king's duties ; and by that time he is pretty well instructed in this affair , come new commissioners , new laws , new methods , and new practices , and he is as much at a loss as if he had never learn'd . i shall only touch a little at the innovations lately made in the custom-house at london ; for my trade lying very little in the out ports , my knowledg of their management there is as small . in the year , the wharfingers belonging to the keys adjoining to the custom-house enter'd into a combination to bring all their wharfs into one interest , that by that means they might the better manage the merchants to their own advantage , which succeeded to the no small trouble of the merchants . out of this sprang a combination amongst the land-waiters and king's-waiters , which prov'd more fatal to the fair trader than that of the wharfingers . these combined to lessen the number of the land-waiters : this plot was under the care and management of seven directors , and their interest in this management was to have the working of all ships to themselves , with all the profits thereby arising . at this time two or three of that board being either dead or removed , they prevail'd upon the commissioners ( one part of which were new ones ) to discontinue at least thirty of those they now call key-men from their employments , which was done seventeen days before the lords of the treasury gave any directions in that affair ; and they did this at a juncture when the greatest virginia fleet that ever was known , join'd with a great fleet from other parts , arriv'd in the river : and how prejudicial this was to his majesty's revenue , cannot be easily imagin'd ; besides the vast credit of several thousand pounds was at this time given upon account of post-entries . had some sort of people enter'd into a more innocent combination than this in the late reigns , they would have been decently hang'd for their pains . it is at least thirty years ago there were eighty land and king's-waiters in the port of london , when trade was less considerable than now it is , and then thought few enough to discharge so weighty a trust . now let us a little consider the effects of this combination ; the loss thereby acruing to his majesty's revenue , and the trouble it brings upon the fair merchants . by former instructions , no officer was allowed to work without his partner , nor to have more than one ship at a time upon his hands ; but since this combination they have had six or seven ships at a time , and one officer has often work'd two or three ships at once without his partner , which renders them uncapable of doing either the king or merchant justice ; and the fair merchant for want of officers cannot get his goods ashore , during which time the interest of his mony is lost , his time spent to no purpose , and perhaps for want of his goods he loses the sale of them , which is worse than all the rest . see now the keys all in a confusion , one officer running from one ship to another working both at one time , another staring about him to find his ships out , having so many he knows not half of them ; here the porters cursing and swearing , there the merchants fretting and vexing for want of officers : here is the most exact picture of disorder and confusion ; the disorderly crowd seem more like a gang of babel bricklayers than regular workers at the keys . this hurry makes well for the clandestine trader , who has now an opportunity of doing his business , who , like the pickpocket , carries on his trade most securely in a noisy busy crowd . to corroborate this we may add , that very few seisures have been made since the aforesaid officers have been discontinued ; for how can a person that works alone , and perhaps upon two or three ships at one time , have leisure to examine packs and bales of goods ? so that goods prohibited , or charged with a higher duty , may pass in such packs or bales for want of inspection . it is worthy remark , that as soon as this combination was detected , and the combinators books and papers order'd to be sent for , they had time enough given them to make away the book of their accounts , which contain'd the particulars of their disbursements ; for all plots are carried on by subscription , and mony rais'd for that purpose . whether an oath of secrecy , as some have hinted , was administred or no i can't tell , but i understand that a sum of mony was laid in bank for the security of the combination ; and some have been heard to say they have been l. out of pocket towards the carrying on of the design ; and i am told one article of the combination was , that no person , upon pain of divers penalties therein mention'd , should ask or inquire how the mony was disposed of , or to whom it was paid : which looks as if some persons of a higher rank than themselves were in the combination . it would be worth enquiry to know to whom the mony has been paid , and what sums they have levied upon themselves since the commencement of the combination ; and such a power as that of your house may command the original instrument of combination to be laid before you , which i understand is yet in being . and i humbly conceive it a thing worthy your notice to inquire into matters of this nature ; for a combination that lessens the king's revenue , increases the taxes upon the good people you represent ; and what is lost by this means , must be made good by additional supplies from you . and 't is a just query , whether those men who combine to lessen the king's revenue , would not do the same to shorten his life ? for taking away life and livelihood are very near akin . tho it is not much my business to enquire into the managery of the customs , any farther than it relates to the passing of goods and payment of duties , yet what lies in a man's way he may better take notice of than stumble over it : it is certainly visible to a very mean capacity , that the retrenchment of officers at this time can be no ways serviceable to the king nor merchants , when the increase of trade requires an addition of many more . the abundance of officers added in the long room at the custom-house , is no indication that any should be discontinued upon the keys : this practice is obvious to no man's reason , but must be left as a riddle and mystery to be unfolded only by those that have power to examine into it . the lords of the treasury did indeed examine into the affair , and thought fit to discharge colchester , one of the principals in the combination : but this combination is a monster of many heads , and to take off one is just the cutting a sucker from a tree , which makes it grow the better ; this is true in fact , for the combination is still in force , which appears by the visible effects of it , for the thirty officers are still discontinued , and the merchant labours under the same hardships . the discontinuance of these officers was the effect of the combination , which rationally demonstrates that the cause is not removed ; if it were , the effect would cease . but instead of punishing the combinators , as a terror to succeeding officers that should attempt any thing of this nature , two of them since that time have been preferred to be surveyors , when at the same time it is generally noted that the officers discontinued are men of the best characters in the customs in relation to their knowledg in business , and their integrity and affection to his majesty and government . it could be wish'd that none but such were imploy'd in the customs ; for the king's interest would be better consider'd , when the king's duties are under the care of such men as think themselves bound by principles of honesty and conscience to do the king justice . but in this office we have men imploy'd that have paid double taxes to the king as non-jurors ; and i remember some time since i read two papers concerning one dassel a land-waiter : one paper recites an order of council for discharging the said dassel from his imployment for trading and corresponding with france during the war ; and the other , two acts of parliaments expresly prohibiting his being imploy'd in the service of the government for the future : and yet the said dassel ( notwithstanding other complaints against him in the execution of his office ) is continued a land-waiter to this very day . i should not , sir , have enlarg'd so much upon the subject of this combination , could i have found out any way of redressing so great a grievance but by the power of parliament . the weekly observations of the irregular working at the water-side are constantly laid before the commissioners ; the discontinued officers complain , the merchants complain , and the honestest of the land-waiters themselves murmur at the multiplicity of business they have on their hands : but all signifies nothing , for it seems the merchants and king's interest must both be sacrificed to the greedy avarice of a parcel of self-interested persons . and upon the whole , the premises considered , may we not rationally conclude that this combination subsists by the influence of some greater persons than the combinators themselves ? in former days no such thing was aim'd at , tho then there was more room for such an attempt than at this juncture , when the increase of trade requires an addition of officers ; and how ill a thing must this seem to any disinterested persons , that the king's interest should be conspir'd against , and destroy'd by men that eat his bread ? had such a retrenchment of officers been for the king's interest , the lords of the treasury would have encouraged and not discharged colchester : but the thing is condemn'd and exploded by all hands , yet kept afoot only for reasons best known to the pocket of some body or other . should i mention the many other abuses in the customs , as in the king 's ware-house , in the ware-house belonging to the east-india company , &c. i should too far exceed the limits of a letter , and shall therefore conclude with my sentiments concerning the cause of those irregularities . not only the misfortunes of nations and governments , but of particular persons , often do arise from interest and avarice : from hence had the combination its undoubted original : and by my converse with the officers of the customs i find most of them came in by interest of friends , without any farther recommendation of merit , or testimonials of their affection to the government , or their services to their country . but because they have serv'd in the quality of a footman , valet , or in any other capacity to the lords of the treasury , or are related to the commissioners , or have had some other dependance upon them , therefore they are made officers of the customs . now should we merchants manage our stocks as the king's revenue is manag'd , every week would produce at least a column of advertisements of commissions of bankrupt in the gazette . if i have a relation that is a carpenter , i will imploy him to build my house , but not to keep my books : i will not send him my factor into a foreign country , nor will i make him super-cargo of my merchandize ; and certainly as great care ought to be taken of the management of the publick revenue as of a private concern . is a person just come from cleaning of shoes , and rubbing of horses heels , or carrying a cloak , fit to be imploy'd in the management of so great a concern ? and are not men of a servile education ( how fawning and creeping soever they may be to their superiors and benefactors ) the most imperious and insolent in the execution of their office ? such promotions as these seem at the very first view opposite to the king's interest , for the ignorance of the persons employ'd can never fail of miscarriages ; and if wilful crimes are added to their sins of ignorance , no notice is to be taken of either , for they have advocates at hand , whose interest it is to bear them out in their mismanagements : and to complain against such men is beating the air , and knocking heads against stone-walls . i shall enlarge no farther , but since i have given you the clue that leads into the maze of the custom-house , shall leave the improvement of the whole to your better understanding , and remain , your most humble servant . finis . to the honorable the knights, citizens and burgesses, in parliament assembled. the humble petition of robert tayloe, joseph emerson, john sawbridge and edward pearce on the behalf of themselves and other poor marriners, to the number of five hundred and upwards, who served the east-india company in their late wars against the great mogul, and other heathen princes: and on the behalf of the widows and orphans of other marriners to the like number, that perished in the said wars. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing t a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the honorable the knights, citizens and burgesses, in parliament assembled. the humble petition of robert tayloe, joseph emerson, john sawbridge and edward pearce on the behalf of themselves and other poor marriners, to the number of five hundred and upwards, who served the east-india company in their late wars against the great mogul, and other heathen princes: and on the behalf of the widows and orphans of other marriners to the like number, that perished in the said wars. tayloe, robert. aut emerson, joseph, fl. . aut sawbridge, john, fl. . aut pearce, edward, fl. . aut sheet ([ ] p.) s.n., [london? : ?] imprint from wing. reproduction of the original in the bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng england and wales. -- parliament -- early works to . east india company -- early works to . poor -- england -- early works to . orphans -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion to the honorable the knights , citizens and burgesses , in parliament assembled . the humble petition of robert tayloe , joseph emerson , john sawbridge and edward pearce , on the behalf of themselves and other poor marriners , to the number of five hundred and upwards , who served the east-india company in their late wars against the great mogul , and other heathen princes : and on the behalf of the widows and orphans of other marriners to the like number , that perished in the said wars . sheweth , that the said company , in the years , , and . entered your petitioners and others , on board several of their ships , viz. in the ships called the charles the second , the beauford , the cesar , the rochester , and other their ships , to make direct voyages to and from the east-indies , at very low wages and sallaries , in a merchant-like way ( there being then no wars betwixt this crown and any other princes or state in the world , nor did your petitioners apprehend any war was like to be between this crown and any the said princes . that in some short time after your petitioners arrival in the indies , the said companies agents and governors there , ingaged their said ships in an actual war against the said great mogul , and other heathen princes ; and by excessive tortures , as nailing their hands to the main-mast , whipping , and washing their wounds in brine , and other great torments , the commanders of the said ships compelled your petitioners , against their wills , and contrary to the statute made eliz. chap. . to serve in the said companies wars , against the said heathen princes , upon their land , in parts very remote from any sea , and to make depredations without any just cause ( as your petitioners could understand ) and robbing the subjects of the said heathen princes to a very great value . that the said commanders , agents and governors , finding the said ill usage of your petitioners not to take its full effect according to their expectation , the said governors caused an order to be made in their court of admiralty held in the said indies , that your petitioners should have ( over and besides their low wages ) a sixth part of all prizes , to be divided amongst them , and the same order to be published on some of the said ships , and to be affixed to the main-masts of the same ships , to make the same more publick , and to encourage your petitioners to fight for them ; which your petitioners accordingly did . that during the said war , there was taken , by your petitioners , in prizes , to the value of l. and upwards , which is proved in the court of exchequer , in a suit there brought , and now depending , for their majesties tenths of the said prizes , of which l. belongs to your petitioners for their sixth part , due to them not only by contract , as aforesaid , but laws of nations ; and so by the said company confess'd , in their answer in the said court in the said suit , and accordingly have paid some marriners their proportions . that whilst your petitioners were in the indies , your petitioners were necessitated to accept from the said commanders and agents , dollers at s. a piece , the prime cost in england was not above s. d. and rack at s. per gallon , the prime cost not above d. per gallon , and brandy at s. per gallon , by which means all your petitioners wages , and more , was expended , and many marriners , more than by the said wars , perished for want of such commodities . that your petitioners have applied themselves from time to time to the said company for the said share , or what should appear due to them , upon a just dividend thereof to be made , and for their non-performance thereof , your petitioners , the last sessions of parliament , were about to address themselves to this honorable house for relief therein ; whereupon a worthy member of his honorable house , then governor of the said company , having notice , promised your petitioners satisfaction if your petitioners would forbear their said address ; which promise your petitioners relying upon , did accordingly forbear , but hitherto cannot get any manner of satisfaction , and in want thereof , are grown so necessitous , that many are forced to be relieved by their respective parishes wherein they respectively live . and forasmuch as this honorable house hath ordered the said company to bring in their books , and a state of their debts and credits ; your said poor petitioners do humbly hope and pray , that this honorable house will take notice , that your petitioners may have credit upon the said companies books for the said summ so due and owing to your petitioners , in order that they may have satisfaction for the same , for that the said prizes have been converted to the use and benefit of the said company ; and to afford such further relief to your petitioners , as to this honorable house shall seem fit . and your petitioners ( as in duty bound ) shall ever pray , &c. an apology for the east-india company with an account of some large prerogatives of the crown of england, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by w.a. ... atwood, william, d. ? approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing a estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an apology for the east-india company with an account of some large prerogatives of the crown of england, anciently exercised and allowed of in our law, in relation to foreign trade and foreign parts / by w.a. ... atwood, william, d. ? [ ], - p. printed for the author, london : . includes (p. - ): appendix. a commission for martial law, granted to a governor chosen by the east-india company eliz. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. prerogative, royal -- great britain -- early works to . martial law -- great britain -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - ali jakobson sampled and proofread - ali jakobson text and markup reviewed and edited - pfs batch review (qc) and xml conversion an apology for the east-india company : with an account of some large prerogatives of the crown of england , anciently exercised and allowed of in our law , in relation to foreign trade and foreign parts . by w. a. barrister at law , author of the first answer to the late chief justice herbert's defence of the dispensing power . qui judicium fecerit parte inauditâ alterâ , aequum licet statuerit haud aequus est judex . london , printed for the author , . an apology for the east-india company . the substance of what follows was intended to be spoken by me before a committee of the late house of commons ; but my ancients at the bar , thought it better to rely upon the supposed defect of proof for the matters alledged against the east-india company , than to justify the fact ; which if proved , and not defended , was likely to have that consequence which is well known to have hapned . i have here considered all the objections which have occurred to me against the exercise of such powers , as 't is not to be denied but the company thought were warrantable . i urge not this as if an act of parliament for setling convenient powers were needless , or not desired by them ; but to shew that those their actions which have been most complained of , have not been without precedent and countenance from legal authorities . i. the two great charges against the company , are the seizing of ships and goods of interlopers , and condemning them as forfeited . ii. the passing sentence of death , and executing men , by the governor at st. helena , in a method not wholly agreeable to the laws of england ; or else the procuring a commission from the king , for trying and executing men there , by martial law. i. that in relation to ships and goods seems the less likely to be according to law , since it was not justified in the time when jefferies was chief-justice , and the king's power even for prohibiting , labours with the disadvantage of having judgment for it in irregular times ; and the grounds on which most weight was laid , suitable to such times . as , . a prerogative to forbid trade with infidels , who remaining perpetual enemies to the nation , yet were to be friends to part : and this upon a principle that would restrain the propagation of the gospel , as well as of trade ; as if the danger of being infected with their infidelity were greater than the hopes of converting them : or that they who were free of such a company had a particular antidote against it . . the other ground , though not so ridiculous , has less colour of law , which was the king's power , for the benefit of particular persons , to dispense with acts of parliament restraining trade ; from whence they would infer an equal power of restraining , where common or statute law gave a liberty . but without the help of such false mediums , i doubt not to prove very plainly , that neither common nor statute law , give any countenance for interloping within the extent of the east-india company 's charter : and that such as trade thither , not being of the company , or licensed by them , incur the forfeiture of the ships and goods with which they interlope , and that according to the law of england , as it has been taken ever since foreign trade appears to have fallen under its regard . that the company 's charter and proclamations thereupon prohibit interloping upon such penalties , is not denied : so that the only question here is , what countenance such prohibitions have in our law. object . i meet with an objection in the beginning , as if such a restraint were against the law of nations ; of which some suppose it to be a maxim , that commerce ought to be free : which is not implied in the publick use of the sea and shores allowed in the civil law to some purposes : but were it so , care must be taken for such an interpretation , that one maxim do not thwart another . wherefore since according to the law of nations , of those things to which all have equal right , special property is acquir'd by occupancy , or primier seizin ; the rule for liberty of commerce must be qualified so , as not to prejudice that property , which has been acquired and improved at the expences of others . according to which , in our law , no man can use his own to the damage of his neighbour's property first setled . wherefore , though we say , cujus est solum , ejus est usque ad coelum ; yet a man may not by building upon his own ground stop up his neighbours more ancient light : nor yet can he use his own to the injury of the publick , and therefore cannot turn his land into a park , chace , or warren , without licence from the king , who is intrusted for the publick , to see that all , or a convenient quantity of the land usually plowed , be kept in tillage . but as to commerce , there is no ground for the belief that it ought , by the law of nations , to be absolutely free , either between nation and nation , or for all the subjects of the same nation : for this we must judg either according to natural equity , or the common practice of nations . the first is certainly against reaping the benefit of another's cost or labour , and the practice of nations agrees with it ; imposing taxes upon goods imported or exported , and prohibiting persons and merchandizes as they see cause . and thus it was with the ancient romans , who had their comites commerciorum ; supervisors of commerce ; who were to see that none traded beyond the bounds , or with other merchandizes than were allowed by the government : and what freedom of trade soever might be allowable where it depended only upon a liberty granted by one prince to the subjects of another , all standing in equal capacity as subjects ; yet where the circumstances are such , that the trade must be maintained by garisons and armed forces sent by the traders , there can be no reason for others to have any liberty , till they have allowed their proportion of the charges . nor can this be looked upon as a monopoly , odious in the eye of the law , till it is proved to be a restraint of such trade as others were intitled to by law. but to come to those plain authorities in law which support the companies charters , it will appear . first , that at common law the king might prohibit any person or persons from going beyond sea ; and is judg of the grounds . the ne exeat regnum is served only upon particular persons ; but fitz-herbert tells us that the subject may be prohibited by proclamation as well as by writ , and the reason given extends to all , because every one is bound to defend the king and his realm . wherefore this is rightly explained in dyer , where 't is said to be agreed by fitz-herbert , that the king may by his general proclamation , or special prohibition restrain his subjects from going beyond sea. there is indeed a query put upon the suggestion in the writ , which in dyer is thought not to be traversable . the statute which excepts notable merchants from need of licences to go beyond sea : . gives no power against a prohibition . nor . were any merchants notable in the eye of the law , but those of the staple , which at the beginning were only foreigners , as appears not only by magna charta , which provides for no other merchants ; but more particularly by the statute of the staple , which prohibits english , irish , and welsh , from carrying staple commodities out of the realm . this the king had dispensed with , but our merchants denizens not thinking that sufficient warrant , obtained an act ed. . to give them the same liberty with foreigners , which was a manifest departure from the ancient policy of the kingdom , for bringing foreign merchants with their monies hither . secondly , the king might at common law erect societies or companies for the maintenance , enlargement , or ordering of any trade of merchandize , and none to have liberty to trade in such commodities , or to such parts as are limited , but those that are free of such societies , or licensed by them : this appears in the statute of monopolies , which excepts such companies out of that law , and the east-india company having existence then , is manifestly within the exceptions . this power of erecting such societies exclusive of others , appears more antiently , h. . the merchants adventurers of several parts of england petitioned the king in parliament , setting forth the liberty they had to trade to many places in league and amity with the king , but that the merchants adventurers of london , exacted of them l. fine for liberty to buy and sell at the marts . the act gives them free passage , resort , course and recourse to the marts in flanders , holland , zealand , brabant , and the places adjoining thereto , paying only ten marks to the company . this gives no larger liberty , only lessens the payment for it , and but to such places as are specified in the act. the case of the taylors of ipswich , and others of the like nature , wherein restraints of trade by the by-laws of companies have been condemned , come not within this : for . they are of inland trade . . in that case no man was to exercise the trade , but such as the master and others of the company should approve of , which might occasion a total restraint . thirdly , the king might erect staples , or treasuries for commodities of home-growth or manufacture : and no man could , without the king's licence , engross quantities of these to carry elsewhere , than to domestick or foreign staples : nor , as appears by the foregoing head , could carry to the last , unless he were a merchant of the staple , or licensed by them . foreign staples depended upon the king's treaties with foreign princes ; and upon any inconveniences arising , either the king 's grant of the staple , his treaty with the prince , or the prince's ambassador residing here , were to be consulted . and the statute ed. . shews , that the king alone had granted a staple at bruges , which grant they do not in the least question , but pray redress upon some inconvenience which had arisen by an ordinance made in flanders . till the staples came to be fix'd in parliament , the king of his own authority appointed them within his own dominions , as is evident by the statute of e. . ( which says , that the staples ordained by kings in times past shall cease ) at least as this is explained by subsequent parliamentary proceedings . the commons e. . petition that the staple may be at calais , and that no patent or grant be made to the contrary . res . the king will appoint the staple as by counsel he shall think best . yet it appears that before the th , the king had of his own authority appointed it at calais ; for the commons then , in their complaint against evil counsellers , desired it may be enquired of such of the king's council , as transported staple-ware and bullion to other places than calais . nay , though it seems it had been discontinued , he had by assent of his council appointed it at calais before the th , for in the st , reciting such his establishment , he gave special license to some to carry goods elsewhere : and the statute of e. . c. . takes special care to preserve the staple at calais by a saving to that act. in the th of e. . the countries of lincoln , &c. pray that the staple may be at lincoln , as it was at the first ordinance ; and not at st. botolph's . 't is answered , it shall continue at botolph's at the king's pleasure . the resolution eliz. that a grant for malmsy to be imported only at south-hampton was void , is not contrary to this power of the king ▪ in confining trade to a particular place : because it was by an express act of parliament made lawful to carry wine to any port : and i am treating here only of a supposed liberty at common-law ; and the restraint of such liberty . if then the king can prohibit trading to any parts of the world , but where he fixes his staple , unless the trade be opened by act of parliament , and yet may license some to trade elsewhere ; much more may he prohibit trading in or to some one place , yet license others to trade there ; for a prohibition of trade to any place but one , or some few , certainly argues a greater power than to prohibit , only in relation to some particular places . fourthly , as the king might prohibit the carrying out staple-commodities elsewhere than to the staple ; so he might , when he saw cause , prohibit even the carrying such thither . thus tho wool was a staple commodity , i find , a pardon for the exportation of prohibited merchandize of wool , upon submission and fine to the king. but because this may possibly be for trading elsewhere than to the staple , this power will not fully appear till we come to that exception , for the king's prohibition , which , as i shall shew , runs through those statutes which are the most in favour of merchants ; yet it was admitted in the argument of sand's case against the company , that in time of plague , or when the commodities are needful here , the king may prohibit the exporting even those of the staple . fifthly , the king might prohibit the exportation or importation of any commodities not of the staple , as appears beyond contradiction from the petition of the commons , h. . with the king's answer to it . the commons pray that all merchants may export to any place , or import from any place any goods , except goods of the staple , at their pleasure , notwithstanding any proclamation to the contrary . this is denied : for the answer is , le roy voet estre advise . this indeed some will have to be occasioned by an embargo in time of war : but it appears by the circumstances of the time , that there was none then , or any immediate preparation for one ; besides if there were wars , 't is highly improbable that the commons would pray a general liberty of trade . but farther , to confirm this power in relation to commodities which were not staple . butter and cheese having been commodities of the staple , but distapled , by reason of not being able to bear the charges incident to the staple ; though leave was given to carry them to any place in amity ; there is an express proviso , that the king may restrain the same , when it shall please him . now whereas men fancy that at common-law every man had an entire liberty to trade to any parts ; let us consider the true state of trade , and it will appear , that if the statutes do not help ( which i shall soon consider ) merchants denizens have no pretence to liberty , especially against the king's prohibition ; unless it be to places where trade is opened by particular statutes ; as to the dominions of spain , france , portugal , &c. or to staples , which were at first erected by the king 's sole authority . till the statute . e. . they could not trade abroad in person even with any staple commodity : other trade must be carried on with gold or silver , or with goods and manufactures not staple . the exportation of gold and silver , the kings might have prohibited at their pleasure till . car. . and it appears by the statute of . h. . that the staple at calais took in all merchandize from hence , besides woollen cloth and herring : for woollen cloth the staple was at flanders . so that herring seemed the only trade at liberty : which however , being victuals , was within the reason of the provision in the statute of . h. . concerning butter and cheese . and the common course of restraints by the king's proclamations . thus i find a proclamation in the th of ed. . against carrying corn or other victuals from the isle of wight . another afterwards against carrying wine out of england . and an indictment in the th for carrying corn beyond sea , against the king's proclamation . sixthly , the general course of the statutes express or imply the king's power of prohibiting goods and persons . this does magna charta it self very plainly , and so as to serve for an explanation unto all other statutes concerning merchants . let all merchants , says it , unless they were publickly prohibited before , have safe and sure conduct to go out of england , come to england , and stay and go through england as well by land as by water , to buy and sell without evil toll , unless in time of war , or that they are of the enemies land. this , as the lord coke rightly observes in this particular , relates only to merchants strangers , which shews that no others were then known : if it takes in denizens , then letters of safe conduct , or other licenses , are requisite for them to apply for , before they can have such liberty . according to which i find letters of free trading and safe conduct to merchants coming into england , tam indigenis quam alienigenis , as well natives as foreigners , . h. . though merchants denizens are not taken notice of as trading by sea , . h. . it seems by the th they who had used to enrich themselves by the monies of foreigners , fell to foreign trade themselves , and for ought appears to the contrary , did this by vertue of letters of free trade from the crown ; nor was trade wholly enlarged , o. e. . when 't was enacted , that merchants strangers and privy , may go and come with their merchandizes into england , after the tenor of the great charter , which referring wholly to the charter , leaves it as it was before . indeed there is likewise a provision that staples shall cease , but that was but temporary ; no more being necessarily implied in the word cease : however this can reach no farther than to staples appointed before that time without restraining future appointments , which appears not only from the import of the words , but by the constant practice after . whatever liberty the great charter gives , it is to such as take letters of conduct , or at least have not been publickly prohibited . but the lord coke must needs be under a mistake , where he makes the publick prohibition to be no other than by parliament . for unless he supposes all staples to be taken away absolutely by magna charta , contrary to the express allowances of following statutes , the kings prohibiting staple goods to be carried elsewhere than to the staple , is a lawful publick prohibition within that statute . and whatever prohibition is lawful , must be publick within the statute ; for otherwise it is not lawful . but they that argued against the company 's charter , admitted that the king might prohibit exporting goods , when needful for the kingdom , and in times of plague , and the like : wherefore such prohibition is sufficiently publick : but to say that the king might in such cases , but not otherwise , is either a giving up the question of publick prohibition , or else a begging it , in supposing that others , though as publick , are not within the prohibition . the great statute relied on for liberty of foreign trade , is . e. . the words of which in the print , are these ; every man as well stranger as privy , from hence-forward may buy wools , according as they may agree with the seller ; as they were wont to do before . and that the sea be open to all manner of merchants to pass with their merchandizes where shall please them . to shew how little warrant there is , for what men would gather from the print , 't will be requisite to set down the words of the record : item prie la dite com que come nre snr le roy eit grantz . as gents de flandres qles estaples desleyns scient en la vill du brugges , au temps de quet grant tote manere dez . merchandz . cest ascavoir , lombards , genevys , cataloyens , espainols , et autres que la plus grand part des leyns soloient achater , at per la ou ills voloient hors de terr de flandres per terr et per mier a lour voluntee amesner , a grant profit et encreas du pris des leyns illoques venantz , la ont les vills de brugges , gant et ipre denovel ordeniz pur lour profit que nuls leyns venantz a le staple scient venduz as estrangers gentz ne carriez hors de la dit tere de flandres , si com ills soloient estre en damage de marchantz d' angleterre , et de tote la com , dont ills prient remede . resp. quant au quint article il est avis as roialmque la petition est reasonable , et outre assentuz est que chescun merchant , aussi bien estrangers come privez . peusse achater leyns en engleterre , aussi come ils soloient fair , et sur se soient faitz breifs as viscounts de fair ent proclamation . also the said commons pray that since our lord the king has granted to the people of flanders , that the staples for wools be in the town of bruges ; at the time of which grant all manner of merchants , viz. lombards , genoeses , catalonians , spaniards , and others who used to buy the greatest part of the wools , carried them from thence whither they would , out of the land of flanders by land and sea at their pleasures , to the great profit and encrease of the price of wools coming thither . the towns of bruges , gant , and ipre have lately ordained for their profit , that no wools coming to the staple be sold to strangers , nor carried out of the said land of flanders , as they used to be . to the damage of the merchants of england , and of all the commons whereof they pray remedy . answ . as to the th article it is agreed by the prelates , lords and commons of the realm , that the petition is reasonable . and moreover it is assented that every merchant , as well stranger as privy , may buy wools in england , as they used to do . and of this , let there be writs made to the sheriffs to make proclamation thereof . upon which it is observable ; st . that the king's power of erecting staples is allowed , and the staple of his erecting is continued by this statute : for though leave is given to buy woolsany where in england ; bruges still remained the foreign staple , to which all wools that were exported were to be conveyed . dly . that this being only a liberty to buy wools in england , does not in the least imply a liberty for merchants to pass abroad with their merchandizes where it shall please them : for that would be wholly to destroy the foreign staple , which is by no means taken away : wherefore if either the writ to the sheriff , or the proclamation thereupon , mistake the liberty there mentioned , which merchants formerly had , to pass by land and sea from flanders , as if it related to passing from england , and that through the inadvertency of the compiler of the statute-book , be foisted in for the act of parliament , i am sure it neither is , nor ought to be of any avail . and 't is further to be considered , that even that liberty which is given by this act to buy wools any where in england , is restrained by the statute of the staple , nine years after , which erects staples in several parts of england , to which all wools , &c. which shall be carried out of this realm shall be brought . nor are they according to that , to be exported by merchants denizens . nor do the statutes e. . & r. . which provide that merchants aliens , and denizens may buy and sell all things vendible , of and to whom they will ; amount to a general liberty for foreign trade . for , . there is a saving to the staple of calais . . the title and preamble shew , that 't is only to buy and sell within the realm without disturbance . . the remedy is only against disturbances in towns &c. within the realm . the only refuge that i am aware of , is , the act for encouragement of trade , car. . and some others of the like nature . in that there is a liberty given for exporting corn or grain when at certain prizes , into any places beyond the seas as merchandize . but . this being for merchandize , can reach to no other places besides those whose trade is lawful . and as no man can say that by this act they may send this to an enemies country ; neither , if the king may by law prohibit sending to any other , may it be sent thither . wherefore the publick prohibition excepted in magna charta must needs run through this act. . the statute says only , notwithstanding any law , statute or vsage to the contrary , but provides not against future publick prohibitions . the clause which enacts , that no commodity of the growth , production or manufacture of europe , shall be imported into any part of asia , africa and america , unless in english bottoms , with the master and three fourths of the mariners english , gives no liberty for all people to trade thither ; but only requires the lawful traders thither to go with english ships , and such a proportion of english-men . of the same nature is the provision concerning goods or commodities of the growth production and manufacture of africa , asia , or america , car. . seventhly , the king may by his prerogative , entrusted with him for the good of his people , prohibit the exportation or importation of certain comodities , upon pain of forfeiture of the goods , and ships which carry them . edward the third commanded that no merchant denizen should transport cloth of worsted , nor merchant denizen or stranger , coals , sea stones fell-ware , &c. to other places than calais , sub forisfacturâ bonorum et merchandizarum , under forfeiture of the goods and merchandizes . this is likely to have been according to former precedents of staples : for whereas the statute e. . says , staples ordained by kings in times past shall cease ; so it says of the pains thereupon , provided . and the th enacts , that all who shall be convict that they have brought wools , leather , and woolfells to the parts beyond the sea , against the defence of the proclamation thereof made , before the making this ordinance , shall be judged to prison , and incur the forfeiture of the same wools , leather , or woolfels , and all other their goods and chattels , and moreover be ransomed at our will. now i appeal to all rational men , whether it is not more likely that there had been such a penalty in the king's prohibition , and that it was here confirmed by the parliament , than that they should make a penalty ex post facto , or encrease the penalty before set . but for the king to prohibit upon pain of forfeiture was very frequent in that time , and as here it had a parliamentary allowance , so had it a judicial one in the foregoing reign . a charter had been granted to great yarmouth , that all ships coming within the haven , shall be discharged there , upon pain of forfeiture of the goods . this had been adjudged valid before the council of e. . which being at a time when the council was chosen in parliament , carries as much evidence of the law of that time , as any thing can . indeed little yarmouth in the time of e. . insisting upon the same priviledg by another charter , as it had done before the council of e. . the debate of that matter is adjourned to parliament . exporting corn from the isle of wight was prohibited upon pain of forfeiture , e. . exporting wine from england upon the like pain , e. . and long before this , foreign merchants , without mention of any war , had but days given them to sell their wines in london . and , as his present majesties proclamation prohibiting the importation of french goods , and requiring the sale of them by a convenient time to come , upon pain of forfeiture , and this without any declaration of war but only for the publick good , is another great authority on the companies side : so the proclamation of e. . is a precedent in point to justify the last ; for no man can doubt but foreign merchants had their goods as much under the protection of our laws , as natives had or have . but admit that the king could not by his proclamation create a forfeiture , so to be adjudged in westminster-hall ; yet it being in relation to fact arising upon the high sea , or the ports beyond the seas , falling within the admiralty jurisdiction and marine laws ; if the king may by law prohibit , then whatever penalty the marine laws inflict upon persons or goods , going contrary to imperial or regal prohibitions , the same are allowed of in our laws : nor will it be any objection to say that the penalty is occasioned by the prohibition in the charter : for it is not supposed that barely trading thither is against the marine laws , unless such trade were before prohibited . as early as the time of rich. . i find that omnes per mare ituri , all persons going by sea , were subject to the admiral 's jurisdiction . and parts beyond the seas are within the same . the great hales when he was of counsel in a cause against the admiralty , did not except against such power ; only that a contract at new-england was not alledged to be in partibus transmarinis . but this jurisdiction is proved at large by mr. pryn , in his observations upon the th institute . the kings power at sea , is more absolute than at land , as appears by a memorable record , e. . it was then agreed by the lords and commons and the deputies of foreign princes , that the king of england , by reason of his kingdom of england , has enjoyed the supream dominion and empire in the english sea , and the islands thereto belonging , and may constitute whatever is necessary for the preserving peace , justice , and equity , as well among foreign nations as his own subjects ; and may judg accordingly , and do all things belonging to summum imperium . the admiral 's patents are to try secundum legem maritimam , according to maritime law ; and maritime law or law merchants , is by the chancellor in e. th's time , held to be the law of nature , which is vniversal throughout all the world. wherefore according to this , the king has in these matters summum imperium , without the fetters of positive laws of particular nations . but as far as the provisions reach the law of oleron made by r. . as he came from the holy land , is the law of mer●●an●s throughout the world , and the law of nations ●herein ; and i find provisions made for trials by the law of oleron , and ancient laws of the 〈◊〉 : and h. . persons to be punished according to the custom of the ports , which had a collection of some sea laws . by the law of oleron , pyrates , robbers and sea-rovers , may by despoiled of their goods without punishment . if this will not reach interlopers as sea-rovers , at least the civil law , which is another guide to the admiral 's judgment , will. if , says the learned professor of the civil law , dr. zouch , things unlawful are put into a ship , the ship is forfeited . again , he tells us traders are proceeded against in judgment , if they venture to go to buy or sell beyond places prescribed ; and the goods brought from thence are to be forfeited , and the contracters to be subjected to perpetual punishments . and 't is evident that for this he has the warrant of the express letter of the civil law. thus we find in the codex . * we now command , as was formerly done , that liberty of buying silk from barbarians be taken from all persons except the supervisor of commerce . again . † merchants , as well our subjects as those of the king of persia ought not to buy or sell out of those places which were agreed to , at the time of the league with the said nation . if this be done knowingly by either of the contractors , the things sold or gained elsewhere than in these places , are forfeited . and besides the loss of these things , and of their price , which was paid in money or goods , they are to undergo perpetual banishment . again . ‖ if any persons are apprehended either going beyond the cities mentioned in the ancient laws , or receiving foreign merchants , without a supervisor of commerce , they shall neither evade the forfeiture of their goods , nor the penalty of perpetual banishment . upon all which authorities , i think it no strained conclusion , that if the king may prohibit foreign trade in any case , ( and all must agree that he may in some , for the publick good ) he may in such case prohibit it under the penalty of forfeiture of ship and goods ; especially if he direct that they shall be proceeded against by the admiralty's jurisdiction , which is provided for by late charters to the east-india company . i must not here pass by the case of horn and jvy , which seems to lye in my way : there indeed the seizing a ship as forfeited by virtue of a charter to the canary company , is held unlawful . but it is to be considered ; . that it was without legal process . . the justification of the seizing was without warrant : only by commandment from the company , which could not be sufficient . . the statute i. . had enabled the subjects of england to trade freely into the dominions of spain . and the distinction took by the judges then , that the canaries were of the dominions of the king of spain , but not of spain it self , might be true ; yet it is not likely that the parliament intended a nice enquiry into the several tenures , or the titles which the king of spain had , to all the parts of his dominions . . but , be this authority never so express , the reporter assures us some held otherwise : nor could the unanimous opinion of the court of king's bench , be enough to turn the stream of the greater authorities which i have produced . the power over life exercised under the king's authority , is of greater sound , but not of any higher nature , than the foregoing : for according to the degrees of power over property , so it must by consequence be over persons : and it will be no harsh supposal , that if the king is not tied to the rules of common law in relation to foreign trade ; neither is he as to the persons of such traders . but to come more particularly to the facts which occasion this question : they are either judgments of death upon trials had , in pursuance of the powers given by the charter to the governors upon the place ; and these powers duly pursued , or not ; or else the like judgments upon trials had by particular commissions for martial law. if the powers of the charter were duly pursued , then the only question will be , whether the king may give a power to judg upon the place , such as transgress the laws either of england , or by-laws made for that place ? if he cannot do this , 't will be impossible to preserve any foreign plantations ; and besides new-england , and all other english colonies , have acted unwarrantably from the beginning . if the powers in the charter have not been duly pursued , that will be the fault of the governor entrusted with the execution of them , but not of the company , unless it appear that they have given such instructions , which neither did nor could appear , in their case who were tried by the governour at st. helena : it being immediately upon their rebellion , before there could come any orders from hence concerning them . the heaviest part of the charge , is , that of a commission for martial law ; which 't is supposed that the company obtained ; & that some of the committee gave instructions to have it put in execution . for this 't is requisite to give a short account of the inducements to that commission . the people of st. helena having risen to a competency on a suddain , from the grant of the company , had grown insolent with their good fortune , and impatient of any government ; and four times rebell'd against the king's auhtority administred by the governours there , meerly for rebellions sake , before they had any manner of charge laid upon them for maintenance of the government : being only required to defend it with their bodies , and such arms as were given them by the company ; for which end they were bound to keep guard in their turns , as well as to rise in general upon occasion : they having taken a distaste at the deputy-governor , upon the false suggestions of the most seditious among them , came down to the fort in an hostile manner , demanding the deputy-governor to be delivered up to their fury ; and it being refus'd , endeavour'd to force open the gate . some would justify their recourse to arms , because the company finding more need of defence against them than against invaders , had been obliged to send souldiers for securing the peace ; and discharging them from their ordinary attendance , had required the payment of one shilling per acre for this necessary support of the government . whereas . there was no stipulation with them that they should have any vote or interest , in the making any laws or provisions about the governments : however , . this which they would make a just occasion , was not done till it was necessitated by this very rebellion , which thus they would ligitimate by way of prophecy . the rebels ( for such they were against the king's power administred there ) being dispersed by the company 's souldiers , some of them were taken and tried , and if the witness produced against the company , swore true , they were notwithstanding found guilty but of a riot or tumult . which shews how little justice was to be expected , when it was to be had by means of some of the inhabitants . however they being taken in actual rebellion , the governour having by the king's charter , [ in case of rebellion , mutiny , or sedition , as large and ample power as any captain general of the king's army by virtue of his office ; ] hang'd some for examples , and detaining others in prison , sent a narrative of the fact signed by others of the council there ; upon which narrative , the then king thought fit to issue out his commission of martial law for trial of the rest , who were tried accordingly , and some executed . that this trial by martial law , is warranted by the law of england , will appear beyond contradiction : it being for a fact committed beyond the seas . for , st . at common law the constable and marshal have the sole jurisdiction , in criminal causes arising from beyond the seas , as appears by the declaratory stat. r. . which says , to the constable it pertaineth to have cognizance of contracts touching deeds of arms and war out of england . and indeed 't is evident by numerous authorities , that the courts at westminster could not take cognizance of such fact ; to mention but one , as early as e. . 't is held without contradiction , that to a fact done out of the jurisdiction here , or out of the realm , as at paris , or else where beyond sea , i ought not to answer . the constables commission refers to the practice in the time of w. . and since , and shews that the proceedings there , have from the earliest times been in a summary way , without regard to our forms of law. and it is held by prisot , h. . and not denied , that the proceedings before the constable and marshal are to be by the civil law. . this power for exercising martial law , is not taken away by any statute . the only statutes which may be supposed to affect it , are h. . c. . and h. . c. . both of them for trial here of treasons committed beyond the seas ; and that part of the petition of right , which concerns the exercise of this law. neither of which take away this power ; for it being a power at common law , those statutes of h. . which authorize trials here , by no means remove it , as is held by the lord coke . and that manifestly agreeable to the course of authorities in the like kind ; there being no negative clause ▪ providing that such trials shall not be had elsewhere , or in other manner than what is there enacted . that the petition of right does not touch this , is as plain : for , the petition is only against the assigning and appointing commissioners , with power and authority to proceed within the land , according to the justice of martial law. . it is not against proceeding for fact , arising out of the land , but such only , for which men were by law punishable here , by magna charta and other statutes declaratory of the common law , before the statutes and h. . whereas martial law was within magna charta , and those other statutes , part of the law of the land , in relation to fact arising from beyond sea. and whereas the petition says , no persons were exempted from punishments to be inflicted according to the laws and statutes ; it shews that it speaks only in relation to fact arising here ; for otherwise they were exempted . . but farther , that the petition of right was never intended to touch the constables or marshals common-law-jurisdiction , appears from the debates which induced the petition . i agree , says the learned banks , then attorney general , and afterwards chief justice of the common-pleas , in some particular cases the martial hath jurisdiction , as in matters whereof the common-law can take no notice , being done out of this realm , and also for the treasons and murders beyond sea. i need not labour to prove , that the same power which the constable and marshal , or either of them , had at the common law , may be granted to several commissioners : the substance of the power not consisting in the name or number of officers : and i think no man will question but the present lords commissioners for the great seal had , before the late statute concerning them , all the power which the chancellor or keeper had , at the common-law . commissions for the executing martial law , have been frequent in most reigns , and such as are full precedents for that commission which was executed at st. helena : to make which evident , i have in the appendix transcribed one at large , granted even in queen elizabeth's time , and refer to another of the like kind , in the time of j. . it may be said , that it is not agreeable to the martial law , that others joining with souldiers ▪ should be punished as souldiers . to which i answer : that though this might be a question in other cases , yet it can be none in the case of open rebellion , where rebels make themselves souldiers . and it is observable that the petition of right makes no provision against the trial of such , even for facts committed here : for it mentions only murthers , robbery , felony , mutiny , or other outrage or misdemeanor , proceeding from the higher to the lower crimes : but treason is neither included in them , nor ever placed in the rear . . the planters at st. helena might well be look'd upon as souldiers , not only as they were in open rebellion , and went thither as souldiers ; but by the constitution of the place , were bound to ordinary duty by day and night , in their turns , with the companies arms ; had their several posts assigned them , and were to attend upon all alarms at the firing of a gun. it may further be said , that martial law ought to be exercised only flagrante bello . but then there would be little difference , if any , between a fact committed here , or beyond sea : for the petition of right allows it here in time of war ; condemning only the exercise of such a power as it agrees to be used in armies in time of war. but matters hapning abroad , being triable by martial law here , or by commissions from hence , 't is evident that there must be time allowed for informations ; which being from a great distance , cannot be speedy . if it be said , that the governor might have exercised this power upon the place , perhaps it may be better that he should stay for orders from hence , than that so large a power should be used at his discretion . besides till he was reinforced from england , and pardons were sent from thence , which several imbraced to the breaking the party which had conspired and acted together , he wanted power to execute such an authority . but did not the common and statute law of the land , the civil law of the romans , or other maritime or marshal laws , afford sufficient matter for an apology , we might have recourse to the foundation of them all , and what upon emergencies superseeds all , the salus populi : to which the interest both of prince and people must give way ; whenever there is a competition . it is necessary that this should be preserved : and the law of necessity is ever held superior to forms and provisions for common cases . this indeed is duly taken by the lord hobart to be a law only for the instant time. but if it does appear that the east-india company is for the benefit of the publick ; and if the powers which it exercised by grant from the crown , were at the respective times of using them , necessary to preserve their trade or interest in those places , which they had obtained from the crown , or their own acquisition allowed by that : then this may plead their excuse for what was done in such circumstances : though indeed it be no argument that such powers should be constantly exercised for the future , without a parliamentary establishment . that an east-india company is for the good of the nation , is now past controversy , and is not only admitted on all sides ; but they who would destroy this , would be of a new one , that themselves might share in the spoils of the old. if therefore the destroying this , the taking from its credit , or lessening the powers which it has ; though the like powers should immediately be vested in another ; may indanger the loss of trade , or diminution of the english interest in india ; then 't is certain 't will be more expedient that the old company should have a supply of such powers as are supposed not to be legal , than that it should be lessened in any respect . if this company were dissolved , then whatever advantages are gained by any treaties with the indians , or by their own prudent management among them would cease . nay whatever tends to the sinking its credit , not only makes the trade with the indians to be upon more disadvantageous terms , but gives such an over-ballance of credit to our too powerful competitors , as perhaps may not be retrieved again in some ages . the denying the english company that power , which is exercised there by others , would deprive it of means necessary to its preservation . it being impossible that a people at such distance can receive laws from hence for all emergencies , timely enough to obviate their designs , who act by full power upon the place . and the very transferring this power to another company , but newly entred upon the methods of advancing its interest in the indies , may occasion the hazarding that publick benefit , which the nation is now in possession of . nor ought it to be put upon the chance of an uncertain experiment . but what arises from the political consideration of this matter , has been already set in so clear a light , by an hand the best able , that for me to add any thing further , might be but the casting cold water upon arguments , which could not otherwise fail of maintaining a warm impression in the readers . if it be said , that the parties over whom this power has been exercised , were english-men , and carry the rights of such along with them . 't is certain , these cannot be enjoyed in all places ; for then they would have the same in the dominions of other princes , notwithstanding the local allegiance due by the law of nations , by reason of protection , according to their respective laws . if men will venture their lives and fortunes beyond the protection of the english laws , 't is at their own peril , and they must submit to the consequences of it ; and what those consequences may be , will the better appear if we consider the nature of those places from whence the questions arise . they had been granted to the company from the crown , reserving the soveraignty : and were either . such plantations or colonies as king c. . had with his queen , formerly belonging to the king of portugal ; which being the king 's in his personal capacity , and never annexed to the crown of england by any act of parliament , were evidently no part of the dominion of england . . such as were gain'd by primier occupancy , as not being prepossess'd by the subjects of any other government . . acquired by conquest absolute , or upon terms . . by purchase for goods or mony , or by the way of exchange for lands or territories . that of purchase , may fall indifferently under the same consideration either with absolute conquest , or with that upon terms ; according to the nature of the purchase , or thing purchased . occupancy , under the same with absolute conquest ; because there were none to make terms for themselves . and if the agreements between the conqueror and the conquered have the force of laws , by parity of reason where there is no agreement , as in places gain'd by occupancy or absolute conquest , the prince's pleasure sufficiently declared and made known , will have the same force . though the soveraignty of what subjects gain by the sword , or purchase , accrues to the prince ; it is not so clear , that the prince acquires for his subjects ; for then that acquistion which w. . made by his victory over harold would have rendred england an accession to normandy , as our present soveraign's victory over j. . would have subjected england to the low countries . if indeed an absolute conquest , leaving no property to the natives , were carried on at the charge of a nation , or of any body politick , or single persons , such would have a fair pretence to a legal interest or share in the soil , though not in the soveraignty . but when the king gains a soveraignty , where the people in general have no pretence of interest in the property , it may be a question whether the laws of property here , and for securing liberty , which follows that , can be of any force there . and whoever transplants himself without any property , must be presumed to submit to the laws and customs of that place where he expects to gain one . the only question material here , as giving light to the rest , is , what , according to our law , is the effect of conquest upon terms ; that in such case the former laws and customs of the conquered country remain , if stipulated for , appears from the nature of the thing , and is confirm'd by our law ; of which wales affords a plain instance : that anciently had been feudatory to england , and afterwards conquer'd by e. . that which is called the statute of snodon or ruthland is manifestly no act of an english parliament , but an agreement between the king and them ; wherein he approv'd and allow'd of some of their old laws , and alter'd others by the advice and consent of his peers that were with him at snodon ; which being in wales , 't is not likely that an english parliament should be summon'd thither ; nor are any footsteps of one to be found . nay , though wales was afterwards by act of parliament incorporated and annex'd to the realm of england , and it was provided that they should enjoy all rights , laws , and liberties , as the subjects of this realm , notwithstanding any act , statute , or usage to the contrary : yet it has been held , from the title of the act , that many welsh customs remain , the english form of ministring laws and justice being observed . but there was no question but till the making that act , all the welsh laws and customs allowed at ruthland were in full force . and this , tho wales had been conquered at the expence of the english nation ; ( which cannot be said of any part of the indies ) and is by the statute of ruthland declared to be united to the crown of england , as a part of the same body . and whatever english-man went to inhabit in wales before the act of union , particularly introducing the english laws ; though he were within the king's dominions , yet was he subject to the laws and customs of wales . nay farther yet , w. . gave power to several of his great lords to conquer what they could from the welsh nation . of which , to use the words of the learned judg doderidge ; the said lordships and lands so conquer'd , were ordain'd baronies-marchers , and had a kind of palatine jurisdiction erected in every one of them , and power to administer justice unto their tenants in every of their territories ; having therein courts with divers priviledges , franchises and immunities : so that the writs of ordinary justice out of the king's courts were for the most part not currant among them . nevertheless , if the whole barony had come in question , or that the strife had been between two barons-marchers , touching their territories or confines thereof , for want of a superior they had recourse unto the king their supream lord. and in these and such like cases where their own jurisdiction failed , justice was administred to them in the superior courts of this realm . i find a memorable record of this matter , . e. . before the king in council . gilbert of clare , earl of glocester , who claim'd to hold his lands in glamorgan , sicut regale quidvis , as any thing royal , or any royalty , by order of the king was required to answer a suit or complaint against him . but he pleads that he holds those lands , of his own and his ancestors conquest : by reason of which he conceiv'd that he ought not to answer any one for any matter from thence , without the judgment of his peers of england , and of the marches of wales ; who use the same liberties in their welsh lands . and i find it rested here . in the th of the same king , in the great case between the earls of glocester and hereford : a jury of peers and others being summon'd ; the peers not only refuse to be sworn , as being against their priviledg , but say , no like royal mandat ever came into those parts for causes concerning the marches , to be tried otherwise than according to the vsages and customs of those parts . thus it appears that not only the king 's , but the subjects conquests , enjoyed their peculiar laws and customs . as i know not that i ever opposed any royal prerogative warranted by antiquity or immediate necessity : neither do i , that i have here advanced any , not so warranted . but if both common and statute law , yield such countenance as i have shewn , for the king 's prohibiting to trade to particular places , all but such as he thinks fit , upon the penalty of forfeiting ship and goods ; and that this forfeiture may be taken , at least under the admiralty-jurisdiction granted to the company : if martial law in relation to fact arising beyond the seas , may be exercised according to the rules of the civil law , and it appears not that the company have gone beyond those rules : if yet farther the rights and priviledges of english-men may receive alteration , according to the place to which they come , though within the king's dominions ; then to punish any member of the company , for procuring or acting under such powers as have been complained of , may seem very hard . appendix . a commission for martial law , granted to a governor chosen by the east-india company , eliz. elizabeth by the grace of god , queen of england , france and ireland , defender of the faith , &c. to our trusty and well beloved james lancaster esq ; greeting . whereas divers of our loving subjects have been humble petitioners unto us , for our royal assent to be granted unto them , that they at their own adventures , costs and charges , as well for the honour of this our realm of england , as for the increase and advancement of trade of merchandize within the same , might adventure and set forth certain voyages to the east-indies , with a convenient number of ships and pinnaces by way of trafique and merchandizing . we graciously inclining to their humble petition in that behalf , and favouring so good a desire and honourable enterprize , have been pleased to give license to our said subjects to proceed in the said voyages ; and for the better enabling them to establish a trade into and from the said east-indies , have by our letters-patents , under our great seal of england , bearing date at westminster , the last day of december last past , incorporated our said subjects by the name of the governor and company of the merchants of london , trading into the east-indies , and in the same letters , patents , have given the sole trade of the east-indies for the term of fifteen years , with divers priviledges and immunities mentioned in the said letters patents , as therein more at large it doth and may appear . and whereas by virtue of our said license and letters-patents , so by us granted to them , they have prepared and furnished for this first voyage towards the east-indies , four several ships , with a convenient number of merchants , mariners , and other our said subjects , to be used and imployed in the said voyage , and have chosen you the said james lancaster to be the principal governor or general of all the said merchants , mariners , and other our said subjects , which are or shall be shipped in any of the said ships : we graciously favouring the said enterprize , and approving and allowing of their choice of you to the said government , being desirous to furnish you with all sit and convenient power and authority to rule and govern all and every our subjects imployed in this voyage , by a due obedience to be by them yielded unto you in the observing and executing of all good orders and constitutions , as you shall think convenient to ordain and appoint , for the furtherance of the said voyage , to the honour of us and our realm , and for the advancement of the said trade . we do hereby straitly charge and command all and every person and persons , imployed , used , or shipped , or who shall be imployed , used , or shipped , in this voyage , in the said four ships , or any of them , to give all due obedience and respect unto you during the said voyage , and to bear themselves therein one towards another , in all good order and quietness , for avoiding any occasion that might breed mutiny , quarrels or dissention amongst them , to the hinderance of the good success which is to be hoped for through god's providence of the said intended voyage , and in default of such duty and obedience , to be performed towards you , and for the correction and quenching of such mutiny , quarrels or dissentions that shall or may grow or be moved by the disorder , evil dispositions , or perverseness of any of the said persons : we do hereby authorize you , to chastize , correct and punish all offenders and transgressors in that behalf , according to the quality of their offences , with such punishments as are commonly used in all our armies by sea , when the offences are not capital ; and for capital offences , as wilful murder , which is hateful in the sight of god , or notable mutiny , which is an offence that may tend to the overthrow of the said voyage , the same being truly and justly proved against any of the person or persons aforesaid ; we do hereby give unto you full power and authority to use and put in execution our law , called martial law , in that behalf : and these our letters shall be your sufficient warrant and discharge for the doing and executing of all and singular the premises . in witness whereof we have caused these our letters to be made patent . witness our self at westminster , the th day of january , in the d. year of our reign . huberd . another of the same nature was granted by j. ▪ in the ninth of his reign . finis . notes, typically marginal, from the original text notes for div a -e introduction ▪ first charge . second charge . first seizing ships and goods . false mediums formerly used . of liberty of commerce . vid. justni . inst . de rerum div . lib. . ● inst . fo . . vid. hosmanni lexicon tit. com. commers . vid. justin . cod. lib. . tit. . no monopoly . the king's power to prohibit persons from going out of the kingdom not restrained to particular persons . n. brev. ne exeat regum . dyer . fo . ● . ● . r. . c. ▪ vid. infra . ed. . vid. rolls ab. tit. prerog . the king's power in erecting societies for trade and restraining others . jac. . c. . h. . c. . rolls f. . the king's power in relation to staples . vid. . h. . sup. vid. . e. . n. . . e. . n. & . . h. . e. rot. parl. interpet . com. . vid. infra . e. . c. . e. . n. . e. . clause . e. . n. . d. special license , notwithstanding a general restraint . e. . n. . ●●st . f. . e. . c. . the inference . the king's power to prohibit even staple-wares . pat. e. . m. . de neg●tils mercat . fland. the king's power to prohibit commodities not of the staple . rot. parl. . h. . . h. . c. . no such liberty of foreign trade at common-law , as men fancy . v. . i. . c. . v. . h. . con . firmed . e. . made perpetual . h. . c. . altered , . c. . c. . . ed. . n. . d. victualia . . ed. . n. . d. . e. . rolls tit . prerog . the statutes express or imply the king's power of prohibiting . magna charta c. . pat. . h. . m. . de mercatoribus venientibus in angl. . e. . c. . vid. sup . p. . . e. . c. . . e. . n● . pet. com. . e. . e. . c. . r. . c. . mem. in horn. & jvy's c. . synderf . fo . . it is held by some that at common law the king might prohibit the importing of goods : and if it be done contrary to the prohibition , the ship which carries them shall be forfeited . but this is falsly supposed to be altred by these two statutes . car. . c. . the act for the encouraging navigation , car. . c. . the king's power of prohibiting upon pain of forfeiture . e. . m. . dorso . e. . c. . e. . c. . vid. e. . f. . vid. s . . b. e. . n. . d. so. e. . n. . d. clause e. . n. . the king having power to prohibit , the forseitures incurred by the marine laws , take place . hoveden f. . vid. crook car. s . . ib. s . . h. . n. . ld. admiral tient ses courts sur mer ou costs de mere etnemi deins franchise ne vill . pryn's animad . on the th inst . rot. pat. . e. . no. . selden's mare clausum . pat. . h. . . e. . so . . b. mare claus . f. . pryn. upon the th , inst . fo . . rot. parl. . th . n. . , h. . . d. laws of oleron , c. . zouch de jure maritimo , p. . ●i res illicitae in navem positae sunt , navis fisco vindicatur . * just . cod. lib. . ●it . . comparandi serict a barbaris facultatem omnibus , sicut jam praeceptum est praeter comitem commerciorum etiamnum jubemus auferri . n. all that were not of the roman empire or grecians , were counted barbarians . so foreign trade , or trade with foreigners prohibited . † codex . lib. . tit. . n. . mercatores tam imperio nostro quam persarum regi subjectos , ultra ea loca in quibus faederis tempore cum memoratâ natione nobis convenit nundinas exercere minime oportet , sciente utroque qui contrahit , species quae preter haec loca fuerint venundatae vel comparatae sacro aerario vindicandas , et praeter earum rerum et pretii amissionem quod fuerit numeratum vel commutatum , exilii se paenae sempifernae subdendum . ‖ ib. n. . si qui inditas nomination vetustis legibus civitates transgredientes , ipst vel pereginos negotiatores sine comite commerciorum suscipientes fuerint deprehensi , nec proscriptionem bonorum nec paenamperennis exilii ulterius evadent . syders . f. . second charge of power over life . charter fo . . r. . stat. . c. . . e. . f. . al fet set hors de jurisdiction de c●inz ou hors de realm si come a paris ou aillours oustre mier jeo ne deit respond . vid. the comis . to earl rivers , . e. . ab antiquo , viz. tempore dicti domini gulielmi conquestoris progenitoris nostri seu● aliquo tempore citra , &c. summarie et de plano et sine strepitu et sigura judicii . vid. spelman glos . tit . constab . h. . f. . h. instit . s . . petition of right , car. . vid. rush . hist . col. append. f. . vid append. object . answ . . vid. crook . jac. s . . no treason can be pardon'd but by express words mentioning it . n. they were not discharged from this till afterwards . object . . necessitas est lex temporis scilicet instantis . hobart . the obection from the consideration of being english-men , answered . n. anno . vpon a referenc● to the judges by the house of lords concerning the canary trade , they declared , that though the canaries were the dominion of the king of spain , they were no part of the dominion of spain . vid. stat. of ruthland , . e. . practi●● walli● . vid. vaughan of process into wales . f. . n. the title in keebles collection is wrong . vid. dyer . b. m. . e. . coram domino rege rot. . gilbertus de clare comes glouc. qui clamat tenere terras suas in glamorgan ficut regale quidvis , &c. placita parl. . e. f. . notes for div a -e vid. commission . jan. . jac. . a brief abstract of the case concerning the letters patents for reprizals (hereunto annexed) against the states-general and their subjects whereupon capt. compton gwyther, william coates, joseph bullivant, john baxter, francis wansell, francis martin, john gibson, and william jones, prisoners in the marshalsea, are to be tryed for their lives, according to the common law of england, on the th of february instant, upon the statute of henry . cap. under the pretence of piracy, for taking a galliot-hoy (called the love of rotterdam) laden with tun of wine, and prunes, on the d of december last, bound from bourdeaux to dort / faithfully recollected out of all the originals by thomas smith gent. ; with some remarkable observations both upon the matters of fact, and the law in the whole case. smith, thomas, gent. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing s estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a brief abstract of the case concerning the letters patents for reprizals (hereunto annexed) against the states-general and their subjects whereupon capt. compton gwyther, william coates, joseph bullivant, john baxter, francis wansell, francis martin, john gibson, and william jones, prisoners in the marshalsea, are to be tryed for their lives, according to the common law of england, on the th of february instant, upon the statute of henry . cap. under the pretence of piracy, for taking a galliot-hoy (called the love of rotterdam) laden with tun of wine, and prunes, on the d of december last, bound from bourdeaux to dort / faithfully recollected out of all the originals by thomas smith gent. ; with some remarkable observations both upon the matters of fact, and the law in the whole case. smith, thomas, gent. p. s.n., [london : ] caption title. signed at end: t.s.; dated: feb. . 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng united provinces of the netherlands. -- staten generaal. east india company. great britain -- foreign relations -- netherlands -- th century. netherlands -- foreign relations -- great britain. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - robert cosgrove sampled and proofread - robert cosgrove text and markup reviewed and edited - pfs batch review (qc) and xml conversion a brief abstract of the case concerning the letters patents for reprizals ( hereunto annexed ) against the states-general and their subjects , whereupon capt. compton gwyther , william coates , joseph bullivant , john baxter , francis wansell , francis martin , john gibson , and william jones , prisoners in the marshalsea , are to be tryed for their lives , according to the common law of england , on the th of februvry instant , upon the statute of henry . cap. . under the pretence of piracy , for taking a galliot-hoy [ called the love of rotterdam ] laden with tun of wine , and prunes , on the d of december last , bound from bourdeaux to dort : faithfully recollected out of all the originals , by thomas smith gent. with some remarkable observations both upon the matters of fact , and the law in the whole case . in the year . king charles the first being truly informed that the east-india company of england had wasted several great joynt stocks , and not settled themselves in any credible factories in india , or parts adjacent of any considerable strength , since the first erection of the said company , but had rendred themselves subject to the apparent insolencies and injuries of the dutch ; whereupon sir william courten , endimion porter esq capt. john weddell , nathaniel mountney , thomas kynaston , merchant , and their partners , were importuned and encouraged by the king and councel to undertake trading-voyages to the coast of india , china , and japan : in which enterprize sir paul pyndar advanced the sum of l. sterling , in the year . the east-india company of the netherlands foreseeing that it might lessen their trade and commerce in those parts , sought by all indirect ways and means to undermine and spoil the said courten and his partners , in their trading-voyages : whereupon the two ships named the dragon and katharine , richly laden to the value of l. homewards bound from china and japan in the year . were lost and destroyed both men , ships , and goods , and never heard of to this day . in the year . sir william courten being dead , william courten his son and heir , and sole executor , did with the rest of his partners set forth ( amongst other ships ) the bona esperanza , and henry bona adventura , which were injuriously seized and taken by the officers of the east-india company of the netherlands in the year . and converted to their own use , to the damage of courten and his partners the sum of l. as by the said letters patents annexed appears . upon the kings most happy restauration , the surviving partners , and the heirs , executors and administrators of the rest of the adventurers , addressed themselves in the year . to the king for relief : whereupon a signal compact and agreement was made ( after two years debate ) between the king and the states-general , in the th . article of the treaty concluded at london , anno . that upon the restitution of the island of poleron , and entire satisfaction to be made to the parties interessed and injured concerning the said two ships bona esperanza , and henry bona adventura , all other offences , injuries and losses , suffered by the subjects of england , should remain cancelled and extinguished . whereupon sir george downing , his majesties envoy extraordinary to the states-general , in pursuance of the said treaty , had several conferences with the deputies of the said states , and the east-india company of the netherlands in the hague , to liquidate the said loss and damages , for the space of two years more , without any other effect , then an inconsiderable offer of two hundred thousand gilders , for the whole spoil and depredations ; pretending they had paid some part of courten's proportion in the year . to jacob pergens , who had given security by peter boudaen to indempnifie the company from the claim of sir paul pyndar and sir edward littleton , who had intimated their right by jonas abeeles and a publick notary , in the year . to the said east-india company at their chamber in amsterdam , as by the several and respective acts and deeds may appear . that the said george carew in the letters patents mentioned , putting great confidence in his majesties most sacred covenants , and grant under the great seal of england , sold his mannor of aunton , alias aldington , in the valley of evesham , with the lands thereunto belonging , for the sum of l. to mr. thomas foley , to satisfie sir william powell , john whitfield esq henry soam and others , that had the interest in sir paul pyndars and sir edward littletons assignments , and the deeds thereof , who refused to joyn with mr. carew in the prosecution of his right against the east-india company of the netherlands , and other particular inhabitants in holland and zealand ; whereupon they assigned their right and interest to carew , the administrator of sir william courten , with his will annexed . in the year . his majesty and divers ministers of state , having duly considered the great services and sufferings of sir william courten and sir paul pyndar for the crown of england , and their loss and damages of the bona esperanza and henry bona adventura . upon the application of the persons mentioned in the said letters pattents , wherein his majesty declares , that he was concerned in honour and justice to see them satisfied ; after a years examination and debate of the whole matter by sir robert wiseman and sir william turner , ( advocates general to his majesty , and the duke of york , lord high-admiral of england for the time being ; ) assistants to dr. exton upon the king's command in that case , the grant passed with those special clauses of continuance , until satisfaction of the debt and damages , which was also controverted several months by the lord chancellor hyde , before he gave his fiat , who then injoyned the said carew to give a discharge to the farmers of the customs for l. due to him in right of sir paul pyndar , which was paid to mr , charles cox , dr. robert gayer , and the executors of sir william vdall , elizabeth feilding , joas godscal , henry marsh and others , by sir edmund turnor , upon the accompt of sir john wostenholme , sir john jacob and sir john harrison ; out of mr. carew's allowance granted by the king. the remaining part whereof being post-poned to this day . in the same year james boeve of london merchant , by the appointment of mr. carew , delivered an authentique copy of the said letters pattents to mr. vandam , advocate of the east-india company of the netherlands , and acquainted him that there was such an authority in the said grant , coupled with an interest according to the law of england , that could not be repealed or revoked , without satisfaction to the parties interessed and injured ; and therefore desired him to acquaint the directors of the said company to consider thereof , how to compose the difference , being a matter of great weight and concernment . in the year . certain creditors of sir william courten , sir edward littleton and sir paul pyndar importuned the said george carew to have a particular assignment of a third part of the said debt and damages so ascertained by the said letters patents , in lieu and satisfaction of their debts , that amounted to l. sterling , which was , by consent of all parties , assigned to john graham esq and john brown gent. on the th . of may , . with power to recover the same by force of the patrent ; as by the said deed and schedule of the creditors names , annexed thereto , appears . in the same year several attempts were made to reprize some part of the debt and damages in the channel , and several ships were brought in by force of the said grant , but in regard it was in time of war , the dutchmen traded under the colours of hamburgers , swedes , oastenders , and others in alliance with england , that there was not so many prizes condemned as paid the charges of equipping out ships to take them ; and the king wanting seamen in that juncture , there was a suspention of any further execution , until times of peace , if the debt and damages were not in the mean while composed by the states , or the east-india company of the netherlands . in the year . a treaty of peace and common alliance was concluded at breda , between the king and the states ; wherein it was mention'd generally , that all offences , injuries , damages , and losses , and all actions and pretences of either side , should be obliterated and disannulled , and all letters of reprizals , marque and countermarque comprehended therein : that although the persons interessed in the letters patents held themselves not obliged by the said treaty , nor their particular right included , as others , who had only a bare ambulatory authority , revokable at the king's pleasure , yet they did acquiesce for a time , being unwilling to obstruct the king's affairs , after the most dreadful fire and plague in the city of london . that in the year . upon new differences between the king and the states , a second war was proclaimed , and the treaty at breda declared absolutely void , and of no effect ; whereupon the proprietors and creditors addressed themselves again to the king and council , that his majesty would be graciously pleased to take care that they might have satisfaction and reparation for their debt and damages in a publick way , rather than by putting the letters of reprizal in execution , in all times of peace : then a select committee of lords of the council , whereof the earl of shaftrbury was one , reported upon a reference in this case , that the states had cancelled all obligations of past treaties and agreements , and left his majesty and his subjects as free in all justice and equity as if they never had been made , reciting the said letters patents and debt stated therein . wherefore it was just and seasonable for the king to insist upon reparations for the loss and damages aforesaid ; as by the original order of council , and report thereupon ( ready to be produced ) appears . in pursuance whereof , instructions were given to the plenipotentiaries from the king to insist upon intire satisfaction in the next treaty ; then mr. carew having procured a pasport from the states embassadors to travel through holland with mr. john sherland , to sollicite that affair by order of the king and council ; they were apprehended contrary to the law of nations , and committed by the states of holland , as spies , and carew condemned to be executed , which had been effected if mr. walkendonck and advocate sass had not been , by way of retortion , committed to the tower , where they remained prisoners during that war , as carew and sherland did in holland . that in the year . a second peace and common alliance was concluded at london , between the king and the states ; upon a compact and agreement ( amongst other things ) that pattacoons should be paid to the king , at four equal proportions by the states , whereof was paid ( upon ratifying the treaty ) to alderman backwel , for other services ; and the remaining three parts , which were to be paid in years following , was by confederacy and combination , between the earl of danby , lord high-treasurer of england , and the states of holland , assign'd to the prince of orange , for pretended debts of his father and grandfather , contracted for old arms and shipping upon the late king's accompt , and no further provision made for the bona esperanza , and henry bona adventura , then the durable grant aforesaid , for reprizals . but in the said treaty an article was projected by the states , that the treaty at breda , and all former treaties should stand in full force , without contradicting that treaty , chatham and the cancelled obligations forgotten . the creditors and proprietors being surprized at this sudden seperate peace , caused protests to be made to the chief magistrates at the hague , amsterdam , and all the principal cities in holland and zealand , that if a considerable part of the pattacoons were not assigned for the present towards the debt and damages relating to the said ships , they should be necessitated to put in execution their particular letters of reprizals , when the states should be at peace with all nations , that common clamours might not obstruct the due prosecution thereof . that in the year . several actions at law depending in the ordinary courts of justice in amsterdam , middleburgh , and the hague , at the suits of the administrators and assignees of sir william courten , sir paul pyndar , and sir edward littleton , against jacob pergens , and the heirs and executors of peter boudaen , for monies due upon bonds , bills of exchange , merchants accompts in partnership of trade , and legacies , amounting in the whole to l. sterling , ( no ways relating to the said letters patents for reprizals ) being ready for sentence , were positively interdicted , by express order from the states of holland , who prohibited the respective judges from giving any sentence in the said causes , upon pretence that all particular actions whatsoever were discharged and extinguished by the said two treaties made and concluded at breda and london as aforesaid ; from which arbitrary order the persons interessed appealed to the states-general , to reverse the said order , being an apparent breach of the laws of common amity and alliances : who answer'd , they could not intermeddle therein , the states of holland being soveraigns in their own province . then the proprietors and creditors appealed by two several petitions to the king and councel , for justice and reparations in the case of the letters of reprizals , and the other civil actions depending at law as aforesaid ; whereupon two several orders were made on the th . of july . that they should be heard on the th . of october following , and that all persons concerned therein , should attend with their councel and advocates ; which they did accordingly , but could not then be heard , nor at any time afterwards , although they often and earnestly solicited the same ; more especially the said carew , who hath further expended l. and upwards , concerning the premisses , at home and abroad , for which his estate in london and richmond is in mortgage , having paid interest for the said monies ( so expended ) many years together , to several eminent persons in the city of london . that in the month of april . the persons interessed in the debt and damages so ascertained under the great seal of england , according to law , agreed and prepared to fit out three small vessels , with men and provisions , to reprize what they could take towards their satisfaction and reparation : many orphans and widows being concerned in the same , that want their bread which is eaten by strangers . then orders of the councel-table issued out to the lords of the admiralty in an arbitrary way , to stop all men and ships employed in that service . the prince of orange and the states insisting upon their broken and cancelled treaties , importuned the secretaries of state by their embassador , ( ignorant of the laws of england ) to move his majesty to revoke the said letters patents by supersedeas , which was sent into holland under the great seal , without calling the parties by scire facias judicially to plead for themselves , or offering to refund any of the pattacoons , ( resting yet in the states hands at interest ) or making any other compensation for the debt and damages aforesaid , so secured by law : wherefore to prevent a failer of justice , and not to suffer a president of such dangerous consequence to the rights and properties of the subjects of england ; the said captain compton gwyther , commander of the ship called the george bona adventura , being ready fitted and entred in the admiralty , according to the usual form and custom formerly observed , did in the month of june last , proceed upon his intended voyage , having a commission for that purpose . the said captain , after many difficulties , having met with divers storms at sea , spent most part of his provisions , and sold several of his guns and small arms , in harbour , many of his men disserting him , at last took the said galliot hoy , on the d. of december , . near dungeness , laden with wine and prunes , from bardeaux , for dort , being first assured that the said ship and lading belonged to the subjects of holland . the said ship being so taken , and the dutchmen used with all kindness and humanity , who took with them on shore what they pleased to carry ; the captain intending to send the bills of lading , with one of his men , and one of the dutch , to the admiralty court in london , in order to a condemnation , keeping two of the ships company on board to be witnesses to all their actions ; but meeting with further distress of weather , was forced to sell four tun of wine , most part whereof being upon the deck , to provide a pilot , more men , and provisions : then coming to anchor near cows castle in the road , the dutchmen that were set on shore applied themselves to daniel gyles , marshal of the vice-admiralty in the isle of wight , promising him l. if he would set out boats with souldiers to re-take the said ship and lading from the said captain and his men , that had boarded and taken her ; which he did accordingly , and having seized upon the said captain , took away his commission , and brought him and the seven men before mentioned prisoners up to london on foot , pinnion'd together as thieves and robbers , having about ten days after his seizure procured a warrant or order of councel to that purpose , and committed them into the custody of mr. lowman , keeper of the prison of the marshalsea , on the first of january . where william joynes marshal of the high court of admiralty , caused irons to be put upon them for some time , until mr. carew desired the contrary , saying it was a sad return for all the services and sufferings of sir william courten and sir paul pyndar , that had such vast estates and credits so employed for the benefit of their king and country , unto whom the crown of england stands engaged for l. sterling . the said daniel gyles having taken the said galliot-hoy , with her lading , out of the possession of the said captain gwyther , and company , by an arbitrary power , without any legal warrant or authority , and keeping the same by force , he was arrested this hilary-term at the suit of the proprietors for l. damages ; and also at the suit of the seamen in the marshalsea , who had their apparel , their armes , and other necessaries taken from them by the souldiers employed by the said gyles : but the judges of the kings-bench , ( lately questioned in parliament ) upon the motion of mr. pollexfin , discharged giles upon common bail , pre-judging the said cause with that heat and partiality , threatning that the captors should be hang'd for acting under the said letters patents . the seizure made by captain gwyther and his company , was not done felo animo , with a felonious intent , having a commission in the nature of a withernam ; which was intended to be brought to judgment in the admiralty , by a determination of the law , according to his instructions in the commission . so the selling of four tun of wine was not criminal , but a breach of trust at most ; and the taking the ship and wines out of the captains possession by gyles , was both an assault and trespass not answerable , the wines being wasted and spoiled since in sir robert holmes his custody . the galliot-hoy whereof sebastian jansen was master , did belong to the heer sebastian vice-admiral of rotterdam , who applies himself to the states of holland for satisfaction , and they refer him to the east-india company of the netherlands , who call upon mr. pergens and boudaens , that are caution to indempnifie them for gilders , part of the damages for the bona esperanza , &c. and they move the prince or states to allow part of the pattacoons unsatisfied ; so justice follows them home to their own doors . jurae naturae equam est neminem cum alterius detrimento & injuria fieri locupletiorem . some remarkable observations both upon the matters of fact , and the law on the whole case . it is very remarkable and apparent , by the very words both in the preamble and the body of the letters patents annexed remaining of record , that the king was not surprized or mistaken in his grant ; but that by the common law of england it was within his power and prerogative royal to do the same of common right to his subjects , under all those circumstances , conditions and limitations therein expressed and declared . the persons interessed in the bona esperanza were prompted ( in the year . ) by several ministers of state to bring in an abstract of their loss and damages , with the state of their case to the committe of grievances , which was done accordingly ; the chairman the next day reporting the same to the house of commons a vote passed to supply the king with five and twenty hundred thousand po , unds : after that other supplies followed , to several millions , besides all the dutch ships taken by the king's fleet , in order to the protection of his subjects ; for all which , and the large present to the duke of york for his conduct at sea , this only debt of l. was stated and ascertained ( for reparation with costs and charges ) under the great seal of england , the highest security of the kingdom . it is very observable , that the proprietors and creditors , which have waited with so much patience , to a miracle , do aver , that since the king's restauration , they have not ( by the judicial and durable grant for reprizals , nor by any other ways and means whatsoever ) gotten half their expences and incident charges concerning the premises : wherefore they humbly hope , in due time to repair and satisfie themselves their debt , costs and damages , by force of their letters patents . when the grant passed to carew , who had the right and administration in law to the damages , an authority vested in him to compel the payment by force , which he could not do before ; it is not a bare and ambulatory authorit that passed ( as in every ordinary commission ) but an interest of l. coupled or joyned with an authority , whereby the king binds himself to see it satisfied paid ; and the reasons and arguments why it should be so , and not otherwise , are unanswerable . . it 's granted , pro confesso , there was a real debt and damages contracted by the states . . there was a provision made in a publick treaty , an. . for a full and intire satisfaction and reparation for it . . that carew , upon passing the patent was injoyned by the lord chancellor hyde to release ten thousand pounds due to him out of the customs , in discharge of sir john wostenholm's debts , contracted upon the late king's accompt , which were ( bona fide ) paid by sir edmund turnor out of that individual money ; his name being used only in trust in the said patent for carew and others . . that several of courten's , littleton's and pyndar's creditors gave up their bonds and securities , for an assignment of a due proportion of the said debt so secured by patent , with power to put the same in execution , when they see their own time and opportunity . yet , notwithstanding , the ministers of state in this age are not ashamed to wound the king's honour and reputation by their arbitrary and extrajudicial orders of the council-table , with a pretended supersedeas , and proclamation , as forms and ways of repealing , recalling and revoking the said letters patents , so solemnly obtained under those considerations that cannot be extinguished , without satisfaction and reparations , by one side or the other . it would be a president of the most dangerous consequence in the world to all civil society and commerce , if it should rest in the king's power or the states to take away the subjects right and remedy , without a compensation . the law of england is possitive in it , that there can be no other ways to repeal or make void the king's letters patents , than by judicial proceedings , either by inquisition or a scire facias , that the parties concerned may have liberty to plead and defend their own right , which they cannot do unto a white-hall supersedeas on proclamation . the lord coke in his reports says , that an indictment is not to be concluded contra regiam proclamationem , but contra leges & statuta , &c. for the king cannot create an offence by his proclamation , which was not an offence before , for that would be to change the law. and in the fourth part of his institutes , cap. . p. . treating of the jurisdiction and office of the lord high chancellor of england , and the judgments concerning cancelling of letters patents by scire facias , says , quod praedictae literae patentes dicti domini regis revocentur , cancellentur , evacuentur , adnullentur , & vacue , & invalidae pro nullo penitus habeantur , & teneantur ; ac etiam quod irrotulamentum eorundum cancelleter , cassetur , & adnihiletur , &c. and all this is to be done judicially , by hearing the parties , and not by any order of council , supersedeas , or proclamation : which the king or states may do by scire facias , when the debt is paid , recovered or compounded . by the grand charter of england , confirmed by so many acts of parliament , ( wherein the king is a party ) no man shall be disseised or destroyed but by legal tryal , nor iustice denied or delayed , but right preserved by the law of the land : and the king and his great ministers of state are sworn to observe the same accordingly . admitting a foreign sovereign prince , granting letters patents for reprizals to a corporation of his subjects , against a sovereign state that had spoiled them of their ships and goods to the value of a million of rix dollars ( under the same circumstances ) that the grant should continue effectual in the law , until the debt and damages should be recovered . afterwards the said prince and state treat togethere , and settle a common alliance , upon a sum of money given to the said princ , without mentioning the particular grant to the said corporation of his subjects , for the rix-dollars and then becomes insolvent ( admitting the said prince or his people are the debtors ; ) and the corporation ( unsatisfied ) puts in execution against the said state , the letters patents remaining inrolled in the supreme court of judicature upon record , and takes ships to the value of the spoil and damages mentioned in the patent . the question is , whether it would not be deemed an act of inhumanity against the law of nature in the state to prosecute any of the persons , or their agents , ( they had formerly spoiled ) for their lives as pirates , acting under the said patent , and coming under the power of the said state ? or whether it would not be an abomination and most horrid act in the prince , or his ministers , to prosecute those for pirates , that he himself or his people ought in conscience , reason and equity to satisfie ? no men can be safe in their lives , liberties or estates under a government where there is a failer of justice , that the subjects cannot be protected according to the laws of god and their country . fiat justitia , pereat mundus . actum per t. s. feb. . . an answere to the hollanders declaration, concerning the occurrents of the east-india. the first part. written by certaine marriners, lately returned from thence into england approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an answere to the hollanders declaration, concerning the occurrents of the east-india. the first part. written by certaine marriners, lately returned from thence into england churchman, bartholomew. [ ], , [ ] p. printed [by nicholas okes], [london] : . signed at end "bartholomew churchman", who probably compiled the whole. a reply to "the hollanders declaration of the affaires of the east indies", which was a translation of: waerachtich verhael, van 't geene inde eylanden van banda, inden jaere sestien-hondert eenentwintich, ede te vooren is ghepasseert. printer's name from stc. the second part either comprises quires c and d, or was evidently never published. reproduction of the original in the henry e. huntington library and art gallery. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to 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guidelines are available at the text creation partnership web site . eng nederlandsche oost-indische compagnie -- early works to . east india company -- early works to . waerachtich verhael, van 't geene inde eylanden van banda, inden jaere sestien-hondert eenentwintich, ede te vooren is ghepasseert banda aceh (indonesia) -- history -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - celeste ng sampled and proofread - celeste ng text and markup reviewed and edited - pfs batch review (qc) and xml conversion an answere to the hollanders declaration , concerning the occurrents of the east-india . the first part. written by certaine marriners , lately returned from thence into england . printed . an answere to the hollanders declaration concerning the occurrents of the east-india . there was of late two currants published , bearing date , the one , the . of february , the other , the . in these two currants sundry , both incredible and intollerable wrongs and grieuances were made knowne , which the hollanders of the east-indies had inflicted and enforced vpon the english company of the east-indies . sithence the printing of these two currants , the hollanders haue published a pamphlet entituled , a declaration of the affaires of the east-indies . this declaration was published ( as by the discourse may appeare ) in answer of the two currants aboue mentioned , for the whole scope of the declaration tendeth to no other end , but to iustifie their owne right in the east-indies , and thereupon to charge the english with wrongs done to them , that thereby the world might be made beleeue that whatsoeuer extremities or hard measures they offered to the english , they were vrged and prouoked thereunto by the vniust dealing of the english , and the wrongs first offered by them : how soeuer the english prouoked the hollanders in india , the hollanders by this declaration doe vrge and prouoke the english to defend themselues against so false and fabulous slanders imposed vpon them . is it not too much that the hollanders most vniustly oppressed vs in india , but that they must proceede further to slander vs in england . they spoyled vs of our goods in forraigne parts , and now they practice to depriue vs from all hope of reliefe in our owne countrey ? what reliefe & remedy can we expect , if by our own desert and prouocation wee drew and vrged the hollanders to practice what they did vpon vs. where punishment is deserued the offenders are condemned and their complaints contemned : it is an old prouerbe , giue losers leaue to speake ; our losses are without compare , to lose our liues and liberty , to lose our goods , to lose our trade and trafficke , and now lastly in our owne countrey to lose the honest reputation of men , of englishmen , of english merchants , of the english company of east-india . this is a losse irrecouerable , as an heathen historian writeth ; maiora sunt fame & fidei damna , quam que sarciri possunt : the losse of a good name , the losse of trust and credit are losses irrecouerable . but thanks bee to almightie god who doth alwayes protect the innocent : this declaration of the hollanders entended and published for our vtter vn doing and disgrace , offereth vnto vs in two respects both hope and helpe , so that wee may say to the hollanders as the primatiue christians said of iulian the apostata ; voluntatem nocendi habes , potestatem auiem non habes iuliani : we vnderstand your intents o hollanders , to ouerthrow vs , but you want power , wee doe not meane your sea power ( which is too potent ) but we meane of your malice , which is by the iudgement of god vtterly confounded : if in this declaration of yours , your will and malice had ioyned in equall power , wee the oppressed english might haue for borne to haue complained of our wrongs , with shame & confusion ; of whom or what should we complaine , if our selues vrged , prouoked and deserued our owne misfortunes . but as wee haue said , thanks bee to almighty god , who hath conuerted hamon his gallowes entended against mordocheus , to his owne confusion , like as he hath suffered you to publish a declaration to cut your owne throats : what could you deuise to write and publish more opposite to what you intended , more to disgrace your selues in conuincing you of falshood , more to honor , acquite and cleere the english then this declaration ? all which shall manifestly appeare in the examination of your declaration , which followeth . to begin with the very first lines and page , you affirme , that all the ilands of banda from the tenth of august . were by a speciall treaty and agreement made with the orange cayus the magistrates of the ilands , put vnder the protection of the states of netherlands : how vntrue this is , let all men iudge , when as you confesse in the latter end of the first page , and in the beginning of the second , were afterward broken and violated ; and that the ilanders withheld their fruits and spices , that they enforced & robbed their ware-houses , murthered at sundry times and places diuers of the principall officers , committies , and seruants of the netherlands company , taking away their ships & prouision , what could the hollanders say lesse then to pretend an agreement ? and what or how could alledge & proue more directly to conuince them selues of vntruth then so plainly & largely confesse the recited hostilities , practised by the bandineses against them : what an agreement could this bee where there was so great an auersion of the ilanders mindes , declared by the hostile deeds which they practised against the hollanders , they might perhaps say , there was a treatie ; but such hostile practices manifestly proue there could bee no agreement . the hollanders proceede further , from the yeer . to the yeere . where they speake of another agreement concluded in may , by one of the netherlanders commanders called lam. and another agreement made by their gouernour generall called reall , in the yeere . which they confesse were both shortly after broken by the bandineses , but how ? here commeth in the maine matter , the bandineses rebelled through the animating of the english , who did openly ayd and assist them with victuals , munition , great ordinance , men , and ships . in this second page here are strange wrongs offered to the hollanders by the bandineses and the english , nay , to god himselfe , of which wee must first speake . the bandineses enforced christians to turne moores againe . first , let vs aske you who conuerted these turne-coate christians , did you ? admit you did . next let vs aske you to what kinde of christianity did you conuert them , if to that kinde of christianity to which one chircke , the master of a ship called the sampson , which you wrongfully tooke from the english , the offence of the bandineses was the lesse , if they compelled the inhabitants to forsake such christianity , for your owne countrey men in the east-indies doe and did openly & iestingly confesse that chircke was a cuckold before he was a christian , for being married in holland , hee left his wife with his familiar friends , who did out of their familiar loue encrease the family in the husbands absence ; it was two or three yeers after that chircke was christned . such christians may quickly turne moores who delay baptizing till thirty fiue . but to returne to the heauy burden with which the english are charged ; namely , to animate , to aide and assist the bandineses , it were necessary that the hollanders should set downe the causes which moued the english to ioyne so sarre with the bandineses , for the causes doe either lesson or agrauate the charge imposed vpon the english : they must either say the english ayded the bandineses directly against the hollanders without further respect , which they cannot proue , or they must alleadge , which themselues in their declaration , doe proue that the english did endeauour to defend them with whom they had free trade and trafficke , who louingly and with free consent sold to the english their spices , &c. who put themselues vnder the protection of the english , who yeelded the ilands of polawaye , polerone and lantore , vnder the obeysance of the king of england , which if they would they cannot deny , for they confesse that the english had mounted ordinance vpon all these ilands : why should the english plant their ordinance vpon these ilands but to defend their right . how could the english plant their ordinance vpon the ilands but with free consent of the bandinesses , at what time did the english plant their ordinance in these ilands of banda ? the hollanders confesse before they came to the ilands ; for they found them in the ilands : now where is the wrong that the english haue done the hollanders ? and in what because the english did hinder the agreements so often made betwixt the hollanders and the bandinesses , why for eleuen yeares the hollanders confesse there was neuer any , as in the third page they say : in this wilfulnesse did the bandinesses continue till in iune . thus hitherto it is plainely acknowledged the hollanders neuer had any landing , any castle or fort , any trading in the ilands of banda , but what was gotten by force and absolute constraint : if the hollanders could proue so much for themselues as they doe for the english ; the english then might haue blushed for shame . in all this time that the hollanders maintained hostility with the bandinesses there is no mention made that the bandinesses euer offered any opposition against the english , or once denied them their spices , but that they had trade and trafficke with them freely and friendly , now if consent and prescription of time be the best claime the hollanders would haue for the ilands of banda , why the englishmen go farre beyond them , the bandinesses did neuer violate any agreement made with the english , they neuer kept any pretended agreement made with the hollanders , the englishmen in eleuen yeeres were neuer expelled , the hollanders in all that time were neuer entertained , but in all hostile manner : the english men had offer at all times of nutmegs and mace , so had the hollanders neuer at any time , but what they got by violence and compulsion ; all which is acknowledged in the third page , and the beginning of the fourth . we passe ouer many acknowledgements and confessions of the hollanders , because they all tend but to two ends , to iustifie themselues , and condemne the english ; and because there is sufficient obseruation giuen , that in iustifying themselues , they disgrace themselues , and in practising to disgrace the english , they doe them great honor . but to deale plainely and truely , not to abuse the world with vntruths , nor to wrong the hollanders without cause , we doe confesse ; the bandineses made one famous agreement with the hollanders , which wee well remember , euen in that yeere in which they report they had made agreement with the bandineses . in iune . after they had by force taken from them a towne called noara , and making them flye to the backeside of the coast , to a place which they called nassaw . van hofe the generall made shew of loue & friendship with the bandineses , which they perceiuing and desirous to reuenge the wrongs and cruelties offered vnto them by the hollanders , did dissemble their intents , entertaining van hoofe with vaine hopes , promising him to come to some agreement , by which meanes they drew van hoofe with three score or more of his commanders and souldiers vnto a place in which the bandineses had aduantage . now insteed of agreement , in warlike manner they set vpon van hoofe and slew him and almost his company . this is the best agreement that wee euer knew or heard the bandineses euer made with the hollanders during a leauen or twelue yeeres . presently after this , in iuly after , captaine bitter who among all the commanders escaped , when van hoofe was slaine , attempted to supprize another towne caled slamma ; hee was sought withall by the bandineses , and wounded in the thigh , of which wound he shortly dyed . now it appeareth manifestly without denyall vpon this former examination of the hollanders declaration that the right to the hands of banda was principally yeelded by free consent of the ilanders , confirmed by many yeeres trade and trafficke without any opposition in any hostile manner , but with mutuall enter course of all loue and amity . this the hollanders doe confesse , and what proofe can be more pregnant then the testimony of an aduersary : where is now any wrong which the english hath done the hollanders , except it bee a wrong to maintaine them , who with free and generall consent put themselues vnder the protection of the king of england ? or a wrong to defend them who willingly trafficke and trade with the english , or a wrong to maintaine that right which the hollanders acknowledge the english had in the iland of banda : these be all the wrongs which the hollanders doe or can charge the english withall . but now on the other side , what extreame wrongs doe the english charge vpon the hollanders ? in two currants printed the eight of february , and the twenty eight . the hollanders are charged with most barbarous and inhumane wrongs done to the english , all which they passe ouer in their declaration without any answere at all , whereby in silence they cannot but pleade guilty : to confesse them they are a shamed , and to deny them they cannot , but in their accustomed pollicy they seeke to auoyd them by way of infinuation , that the english deserued them in ayding and assisting the bandineses against them . there were two orators of athens very great and inward friends , before the iudges the one did accuse , the other defend a magistrate of athens , whereupon the one orator did challenge the other that he had dealt very vnkindly with him to defend his mortall enemy , and thou as vnkindly with me , quoth the other , to accuse my dearest friend . this is iust the like challenge betwixt the hollanders and the english : why doe you say the hollanders defend our greatest enemies ? and why doe you say the english oppose against our dearest friends ? yet in this challenge there is a difference , for the english haue more cause to defend their friends , then the hollanders haue cause to oppose against their enemies , english men haue a right by consent , hollanders haue nothing but by constraint . iust defence is more honest and honourable then vniust opposition is , either by lawes of god or man warrantable . to proceede on with the cruell , and inhumane wrongs done by the hollanders , to the english , by so much more barbarous and inhumane , by how much the english of all nations in the world , did least deserue it . what ? deserue any hard measures from the hollanders ? to what nation vnder the coape of heauen , are they so much bound as to the english , who hath fostered and nursed them vp to this greatnesse , but the english ? what nation hath shed so much blood , lost the the liues of so many gallant captaines , commanders , and souldiers , to ayde and defende them as the english ? what nation hath lent them , and spent vpon them so much money and treasure , as the english haue done , when they were in their extreemest weaknesse , and pouerty ? when and where did the english euer fayle them . if for these causes , the english haue deserued at the hollanders , hands , to haue their shippes taken , and made prize , their goods confiscate , and conuerted to their owne vses , their captaines , souldiers , factors , & mariners , taken prisoners , held in miserable seruitude , clogged with yorns , kept in stockes , bound hand and foote , tied to stakes , haling , and pulling them with ropes about their neckes , spurning them like dogges , throwing them headlong downe rockes and clifts , killing , murthering , staruing , and pining them to death , enforcing them to carry lime , and stone for their buildings . landing them amongst the pagan people , without all prouision whatsoeuer , exposing them to the mercy of miscreants of whom notwithstanding they sound better vsage then of the hollanders . when as the hollanders robbed , and spoyled other nations vnder the english coulers , pretending to disgrace the english , that they were english men , counterfeiting the coyne of other nations , charging the english with the same . laying the english , whom they held as prisoners aboue hatches , where the sunne scorched them in the day , and where their ordutes and pisle fell vpon them in the night , till they grew more loathsome and filthie then leapers , barring the english , as much as in them lay , from all commerse and trade in the indies . as all these perticulars are directly to be proued by men yet liuing , who either endured , or their eyes saw , what is heare reported , and will be ready vpon all occasions either with their liues or oathes to iustifie for truth , what they haue endured , and what they haue seene with their eyes . let all the world iudge whether english men haue deserued these vsages , at the hollanders hands : vvhere as some people either affected to the hollanders , or thinking it to strange , and monsterous , that christians should domineare ouer christians , with such inhumane and barbarous cruelty , rather tyranoy , except the english had prouoked them heauily thereunto . let all such who harbour any such conceits , reade and consider what is before answered to such obiections : the hollanders in their declaration being charged in the two first currants , with may of these extreame wrongs inflicted vpon the english , they make no deniall of them : make a chalenge that the english did ayde and assist the bandineses against them ; it hath formerly bene alleaged , and sufficiently proued , by their owne confession , that the english did not maintaine the ileanders , by way of opposing against the hollanders , but they did as much as in them lay , to defend the right of the king of england , they did defend that right which they had by consent , they did defend that people , who did so freely , and friendly trade and trafficke with them , other causes then their so honest , so iust agreeing with the lawes of god , of nature , and nations , they neither do or can alleadge any : some other inconsiderat people , who enuy the prosperity of the east-indian merchants will further say , to cloase with the hollanders , that these extremities were offered in india , onely and no where else to the english , for proffe of the contrary , wee of the east-indian company do chalenge all the merchants which trauaile or trafficke east , vvest , north , or south , to deliuer their knowledge what indignities they haue endured from the hollanders in turkey , in the straights , in moscony , in groynland , at neusoundland ; and where not so that not onely the east-indian company hath onely cause to complaine : yea , they wrong englishmen in their owne seas , at home , as is generally knowne : now because hollanders may say , that they are charged with generalities , without perticular instances . generall speaches beeing a common cause to aggrauate causes , and be auoyded except the generall bee proued by perticulars , because they shall find that wee cannot want of particulers our of infinite , there shal bee heare following deliuered some by men yet liuing , who haue both seene them , and endured them . in the roade of patanye in the east-indies the . of iuly . the two ships called the sampson and the hound , riding there at anchour , three ships of the netherlands set vpon them with might and maine , after fiue howers fight , eleuen of the men in the sampson were slaine out-right , and fiue and thirty men of the same ship were wounded , maymed and dismembred , at this time captaine iorden was captaine of the sampson , and did hang vp a flagge of truce , and withall sent thomas hackwell , maister of the sampson , to the netherlanders to parlee about a peacc . the examination of thomas hackwell the . of ianuary . . thomas hackwell being sworne and examined vppon certaine articles ministred on the behalef of the right worshipful , the english company of merchants trading to the east india aforesaid , saith and deposeth thereto as followeth . to the first of the said articles he saith , & deposeth by charge of his oath , that in the roade of pattany in the east india , vpon the . day of iuly . . last past , the sampson whereof this examinant was master , and the hound belonging to the english company , were forceably assaulted by three ships of the hollanders , ( viz. ) the angell , the morning starre , and the burgarboate , whereof hendricke iohnson was commander , and after fiue glasses fight two houres and a halfe , eleuen of the sayd ship the sampson , her men being slaine outright , fiue dismembred , and about thirty otherwise wounded , captaine iourdaine being then in the sayd ship the sampson and commander of her , caused a flagge of truce to be hung out , and sent this examinant in the sampsons boate , aboard the flemmings , to treate with them for a peace , and at the hanging out of the said flagge of truce , and when this examinant left the said captaine iourdaine to goe aboord the flemmings , he was wel ; but aboue halfe an houre after the said flag of truce was so hung out , and this examinant was in parlee with the flemmings about the sayde peace , captaine iourdaine not exspecting any violence from the flemmings during the sayd parlee , shewed himselfe aboard the sampson before the main mast vpon the gratings , where the flemmings espying him , most treacherously and cruelly shot at him with a musket , and shot him into the body neere the heart ; of which wound he died within halfe an houre after . and this hee saith by charge of his oath . to the second hee saith , that after the said ships , the sampson and the hound were surprized by the hollanders in the said fight at patany , as aforesaid , the greatest part of their men , by the command of the dutch , were brought aboord the angell , their admirall : and there notwithstanding , diuerse of them in the said fight were much burnt with gun-pounder , and wounded with splinters , and thereby suffred miserable torment , yet they the sayd dutch most vnchristianly and inhumanly caused and forced them to put their legs downe through the gratings , and so seized them , and tyed them to the capsten barres , insomuch that still as any man had occasion to goe and ease himselfe , his legs were so swelled by reason of the extraordinary hard tying of them , that the carpenter was alwaies fetched to make bigger the holes , at which they were put downe to get out their legs againe . and this he saith by charge of his oath is most true . to the third he saith , that he knoweth that the dutch at iackatra , doe cause all china men , residing and bartering there , to pay monthly . shillings vppon a head , or else you shall not sell any commodity there to the english , and this he hath seene diuers of china men pay at iackatra . to the fourth he saith , that vpon the third day of march last was twelue month , aboard the new zealand then riding in bantam roade , this examinant , with three or foure oathes , did heare one clause derickson , then vpper stearsman of the dutch ship called the southern-indraught , sayd that the states in holland had bin plotting that warre betweene the english and the dutch in the indie seuen yeares before . to this last article is witnesse , thomas hackwell . william shaples . henrie backtasel . bartholomew churchman . antony piccot . the deposition of bartholomew churchman . i do affirme , that they haue many times termed vs slaues to the king of holland , & that we should all be sent to the moluccaes to rowe in their gallies , and so be kept bond-slaues vnder them during our liues . more i affirme , that they haue kept . of vs in a dungeon at poloway , and . at aomboyna , by the comand of lawrence riall then generall , but now returned into holland , where they pist and ( ) vppon our heads , and in this manner we lay , vntill such time as we were broken out from top to toe , like lepers , hauing nothing to eate but durty rice , and stinking raine-water , insomuch as if it had not beene for a dutch woman , named mistresse cane , & some poore blackes that brought vs a little fruite , we had all starued in that place , as many of our company did , besides the extremitie which they vsed to manyothers , which they had in prison at other ilands where they perished , leauing their wiues and children here in england ready to starue for want of maintenance . the names of the . other men which lay in poloway are these : bartholomew churchman . iacob lane. kellam throgmorton . mathew willis . william burris . cassarion david . george iaokson . george pettice . walter stacy . rhichard phillips . at amboyna , richard swanley , william brookes , and . more , whose names i well know not , nor cannot remember , put into a dungeon , with forty indians all in a hole , hauing no place to ease themselues . bartholomew churchman . the last of october , . iohn tucker affirmeth . that the dutch men tooke the dragon , the expedition , the beare , and the rose , and deliuered onely the rose , and that there being in the dragon a present from the king of achai for the king of england , called by them a creese ( that is to say ) a dagger , which they doe detaine to this houre . this is true , i vnder written do affirme , and testifie that it was not done by base rognes ( as they term it ) but some of the principall commanders . iohn tucker . after the taking of these ships , there were aboue three hundred and fiftie men set out of the foure shippes which were on shoare , exposed vnto the mercie of the indians , where they found more curtesie then of the hollanders , otherwise they had all perished . that all these abuses , and many more which wee haue formerly receiued by them , are true , we will maintaine vpon our oathes , and with our liues against any of their nation , or others that shall gaine-say this trueth . yet notwithstanding all this being ( by the goodnesse of almighty god ) returned into our owne countrey , wee haue no satisfaction for these intollerable iniuries , nor any consideration for two thirds of our wages most barbarously kept from vs. articles of abuses done by the hollanders at the iland of moloccas , and other places of the east indies , aswell against our soueraigne lord the kings maiestie ; as also against vs , and other englishmen , since the yeare of our lord , one thousand fixe hundred and sixteene ; not onely before the peace , but also since , vntill the moneth of march , one thousand six hundred and twentie , that we came out of the indies , in the good shippe called the iames. the second day of the month of february , in the yeare of our lord . the swanne was surprized and taken by the hollanders , at the ilands of banda , and her men kept prisoners till the eight and twenty of aprill following . at which time the hollanders carried fiue and twenty of the english to the moloccaes , where they were very hardly and inhumanely vsed , being fettered and shackelled in the day time , and close locked vp a nights . and from the month of maie , vntill the end of september , they were compelled to carrie stone and lime for the building of forts there ; which if any refused to do , they were kept in stocks and irons till they would worke ; and were notwithstanding also very hardly vsed , for their victualls , insomuch that the one halfe of them died through their hard vsage . when wee were first taken , wee were possessed of diuerse goodes , prouisions and meanes wherewith to relieue our selues , which they presently tooke from vs , and left vs not so much as wherewith to couer our bodies . whereof when we complained to iohn ellias who was lieutenant to one garret derickson in the trow . hoping that he would haue had some commiseration of our miseries , and long lying in irons , bad vsage for want of meate , drinke , lodging , and other things : the sayd ellias and the rest of his company did thereupon , and many other times say vnto vs , that he cared not for vs , nor for any of our countreymen ; and that if they should take vs and hang vs vp , wee had our deserts : yea , they vsed other grosse and base speeches , not fit to bee spoken of . we affirme , that the said iohn ellias and his companie said , that they had little need of englishmen ; for they in holland were able of a sodaine to make and furnish . of flat-bottomd boates , such as parma would haue landed vpon the english shore in . and also sayd , that they had of their owne nation and countreymen at the least . strong in england , that presently , vpon the least occasion , would rise in armes , and bend their forces speedily against vs in our owne countrey . we affirme , that laurence ryall , who was their generall , caused grates and cages to be made in their shippe , and did put vs therein , and carryed vs in them bound in irons from port to port amongst the indians , and thus in scornefull and deriding manner and sort spake vnto the indians as followeth : behold and see , heere is the people of that nation , whose king you care so much for . but now you may heereby plainely behold how kindly wee vse his subiects ; making them beleeue , that englishmen were their vassals and slaues . besides all this , they kept many of vs fast bound and fettered in irons , in most loathsome and darke stinking dungeons , and gaue vs no sustenance , but a little durtie rice to eate , and a little stinking raine-water to drinke . so that many of our english fainting in their sights , for want of competent sustenance or other lodging at their hands : for want whereof many dyed , who were fetcht out of the dungeons , and so basely buried , more like dogges then christians . about the fift of may , in the yeare of our lord one thousand six hundred and nineteene , wee hauing ouer-passed many hungrie dayes , and cold nights lodging , in cold irons and darke dungeons , and thinking it not possibly able for vs to endure those miseries any longer , made meanes that some of vs came to iohn peter socoma , their generall that now is , and desired his lordship ( which title hee duly lookes for in the east indies ) that hee would consider of our extreame wants , and miseries , and helpe vs to some better sustenance . and further wee desired him , that hee would bee so much our friend , as to ease vs of our irons but for the day time : whereupon the sayd generall most wickedly replyed with base speeches , and bade vs bee gone , and trouble him no more ; for if wee did , hee would cause vs all to bee hanged speedily . so that wee were forced to returne from whence wee came with heauie hearts , hauing no hope but in the almightie , to whom wee prayed to turne their hearts , and to release vs of our miseries . vpon the thirteenth of may , in the yeare of our lord one thousand six hundred and nineteene , the dutch went a-shore at iaparre ; and there they wickedly and maliciously burnt downe the towne , and the english house there , and from thence forcibly tooke away the english flagge , and in great disdaine of our countrey trayled our flagge after them in the durt through the towne , and towed it aboord their shippe at their boats stearne ; but what they did with it afterwards , we know not . vpon the eighteenth day of the moneth of nouember , and in the yeare of our lord god one thousand six hundred and nineteene , they tooke one bartholomew churchman , and clapt him vp in irons , and set him where hee sate in the raine and coldc stormes of the night , and in the day time , where the hot sunne shone vpon him , and scorched him , without any shelter at all : and this they did to him , only because he strucke a base fellow that spake such words against our late queene annes maiestie , as are not fit to be repeated : which words , as also diuers other which they spake against our dread soueraigne , wee dare not relate , as being too odious to be vsed in a subiects mouth touching his prince : howbeit , might licence and freedome of speech be granted vs , to make knowne the base flaunderous and detracting speeches of that nation against our king and countrey , that we might not incurre any danger of his maiesties displeasure by the repeating them , it would sufficiently make knowne the pride and crueltic of that people , who did not then let to say that they made no account of our king , nor any of his subiects . the seauenteenth day of the moneth of march , and in the yeere of our lord god euerlasting , one thousand sixe hundred and nineteenth , their gouernor of the moloccas gaue order for the release of the english there , and appoynted thirtie of them to be carried to aombonias , from thence to be sent into england or holland . but the gouernor of aombonias , perceiuing them to be arriued , hee vtterly refused to discharge them , and forced them to serue in their . ships , that went to the manelees as men of waire , which if any refused to doe , they were to rowe in their gallies chained like vnto slaues ; in which voyage to the manelees , foureteene of our men went in the saint michael , which were lost , and neuer since heard on , whose names doe follow : george trigges , iohn edwards , iames welch , iohn crocket , william nichols , robert gilbert , matthew gilbert , giles lipscombe , arthur ●ap , edward parker , william vese , iohn king , iohn ouer , and william smith chirurgeon . wee affirme , that they hauing arrian ellis , edward reade , and william ponell , . englishmen prisosoners , in their ship called the bantam , they chained them in irons , and layed them in the beake-head , straitly prohibiting all others to come neare them , to giue them any other foode then their allowance , which was so small that meere hunger compelled those three prisoners to throw the dice who should cut each others throat ; and so they did throw the dice to that end , but were disclosed before anie of them were slaine , so that they were thereupon sundred , and sent into other ships . they haue taken our men , and without any cause haue stripped and whipped them openly in the market place ; they haue also beaten vp their drumme , and called the blackes together to see it done . they will not suffer vs to weare , or spread in our english houses in those parts where they haue any command , any colours that are our kings colours . the coppie of a letter sent vnto the dutch in the east indies , from their english captiues at the iland of monoboca , the nineteenth day of march one thousand sixe hundred and eighteene , and deliuered vnto captayne william iohnson , commaunder of the angell . consideration in things of difficultie is requisite : and therefore much requisite in these our vnchristian-like miseries . but because this hath beene but sleightly respected , we are now resolued to tell you of all your perfidiousnesse . first , grippe got aduantage to surprize our shippes , and made a vowe , not to touch life , nor goods in any sort . but since the contrary hath beene so much proued , that grippe and his confederates are now seene to be forsworne , as shortly after their actions did shew , in taking away euen those things , which with their consent wee did saue , and bring aboord your shippe called the trowe . at that time we being indungeoned at pollaway , ( besides all the pagan-like vsage of that cruell man , laurence ryall ) we were by vanhoose kept in such extreame miserie , with stinking water , and rice halfe full of stones and durt ( scarce able to keepe life and soule together ) that had not derrickson van lame graunted the english at pollo-roone , free accesse to pollaway to bring vs reliefe , wee had beene all ere this time starued for want . but we passed away that time in expectation of better fortunes , which you haue all from time to time promised ; yet now againe our miseries are thrice redoubled : for since wee came to this place , you haue not onely vsed vs most basely in other things , but also haue taken away from vs euen that poore sustenance , which wee bought with our owne monies ; and this hath bene done by that enuious man the maister , whom your commaunders doe suffer to be their commander , rather then their inferiour . if you consider all his actions , the refreshing which wee haue bought , hath beene but small , that is to say , foure small hennes and cockes , and euen them hath the maister taken away , and eaten them in the great cabbin , which dealing of his , if it bee christian-like , we refer it to your owne discretion : and now at last , for a smal cause , or nothing at all , to be thus handled , is a ten times worse affliction , then euer was inflicted vpon vs , for to chaine vs vp like so many dogs , and to let vs lie in the raine and stormes of the night , without any shelter , which is also brought to passe by the maister : for ( commander ) * we considering your gentlenes , so that you can dispense with rigor : therefore that miserie that we endure is not by your meanes , but by the masters and theirs that be of his mind ; and this is of a truth , that euen your hogges after their kind lie a nights drier , then we after our kind being christians : and our griefe is the more , because your men of the blacke lyon , being taken by our english , were vsed like men , and we like abiects of the world , to be thus vsed like dogges , being subiects to the kings maiestie of england , and in good respect with our imployers . but god that is aboue all , knowes all , and in his good time will remedy all . thus much we haue thought good to certifie vnto you , not in the way of intreaty , for that we see is vaine , but onely that you may know , we now neuer looke to come aliue out of your hands : for by all manifest appearance , you seeke to take euen our liues from vs : and this shall bee a true argument of our grieued hearts , witnessing to all men , how vnchristianlike wee haue bin , and are vsed by you , for in all this wee haue not expressed the tenth part of your cruelty , yet we hope , that for this time it shall be a sufficient light vnto you for that which hath bin from time to time , practised by you against the english . giuen at the iland of monaboca . the . of march. . subscribed by cassarian dauid . bartholomew churchman . george pettys . vpon the receipt of this letter , wee three aforenamed were layed in irons for eighteene moneths following , with such barbarous vsage as is not to be imagined to be vsed amongst christians . vpon the newes of the taking of our two ships called the sampson and the hound in patania roade , hendericke iohnson the commander of three ships . viz. the angell , the morning starre , and the burger-boate , sent a letter by the vpper steresman of the starre , ( who had but one arme ) to their generall iohn peeter sacone then at iacotra of the taking of our two ships , he , the said sacone then said , you haue now , henricke iohnson , giuen me good satisfaction , in that captaine iordan is dead , & at his returne thither gratified him with . gilders , in a chaine of gold , putting it himself about his necke , not leauing any one vnrewarded , that had beene at the taking of our two ships , and a . peeces of eight to him that shot him , notwithstāding our flag of truce was hung out . we affirme also that the sayd generall iohn peeter sacone vpon the newes brought him by a ship called the hart from the coast of carmandele of the death of sir thomas dale , then said ; dale is dead , and iordans blood i haue , if i had george cockins life too i were then satisfied . an answer to obiections made by the hollanders that the english were the cause of the first breach in the east indies . whereas the hollanders affirme that sir thomas dale and captaine iordane were the prime cause of all the differences betwixt the two companies . this we affirme and can proue , that both sir thomas dale and captaine iordane were both in england when the defence and the swan were taken , and also that very inhumanely they tooke the defence when for reliefe being put from their anchor at polorone in a storme , they came into one of their harbors for succor . they tooke the ship , and detemed her men prisoners , likewise in rescue , wee following they tooke a pinnice of ours called the speed-well , going to iacatra , one of our men they slew , and the rest they layd in irons as prisoners , amongst which one richard tayler carpenter of the sayde pinnice , who at that time had the bloody fluxe , who dying in their hands in irons , they tooke the dead carkasse of the said deceased , and put him into a bush , with his head downeward , and his heeles vpward , and sayd in most barbarous manner , that there was a stert man , that is a man with a taile with his heeles vpward , and there his carkasse rotted in the bush . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is to be proued 〈◊〉 〈◊〉 then comming out of england , hardly cleare of the coast , when they tooke both these ships , vpon faire termes of composition : namely with promise to giue vs our liues , goods , and libertie . they robbed vs of all our goods , and kept vs in lamentable manner in irons ; some of vs three yeeres , some more , some lesse : in which wofull miserie many of our company 〈◊〉 their daies lamentably ; for in truth they neuer kept any faith , oath , or promise with vs at all , but most proudly , disdainfully , and cruelly demeaned themselues towards vs. bartholomew churchman . notes, typically marginal, from the original text notes for div a -e . iaparre , the cruelty there . . aombonias crueltie . * a sop for cerberus . . feb. . . 〈…〉 a true and compendious narration or, second part of amboyna, or sundry notorious or remarkable injuries, insolencies, and acts of hostility which the hollanders have exercised from time to time against the english nation in the east-indies, &c. and particularly of the totall plundering and sinking of the dragon & katharine both ships and men : with undeniable and convincing proofs for evidencing the truth thereof, and satisfaction of the reader / by a person of long observation and experiences employed first and last in the affairs of the indies, fifty years, to wit, from sr. walter rawleigh, his voyage, to this present year by j. d. j. d. (john darell) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing d estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a true and compendious narration or, second part of amboyna, or sundry notorious or remarkable injuries, insolencies, and acts of hostility which the hollanders have exercised from time to time against the english nation in the east-indies, &c. and particularly of the totall plundering and sinking of the dragon & katharine both ships and men : with undeniable and convincing proofs for evidencing the truth thereof, and satisfaction of the reader / by a person of long observation and experiences employed first and last in the affairs of the indies, fifty years, to wit, from sr. walter rawleigh, his voyage, to this present year by j. d. j. d. (john darell) [ ], p. printed by t. mabb for nathaniel brooke ..., london : . "the epistle to the reader" signed: john darell. item at : identified on film and in umi reel guide as d (number cancelled in wing nd ed.) reproduction of original in : bodleian library and henry e. huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng raleigh, walter, -- sir, ?- . east india company. ambon island (indonesia) -- history. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the k : of englands subjects in india massacred & tortured by the hollander a true and compendious narration ; or ( second part of amboyney ) of sundry notorious or remarkable injuries , insolencies , and acts of hostility which the hollanders have exercised from time to time against the english nation in the east-indies , &c. and particularly , of the totall plundering and sinking of the dragon & katherine both ships and men. with undeniable and convincing proofs for evidencing the truth thereof , and satisfaction of the reader . by a person of long observation and experience ; employed first and last in the affairs of the indies , fifty years , ( to wit ) from sr. walter rawleigh , his last voyage , . to this present year , . by i. d. london , printed by t. mabb , for nathaniel brooke , at the angel in corn-hill neer the royal exchange , . to all loyal and true-hearted subjects to their king and country . much honoured readers , here i present to your view and serious consideration , a strange and unpollished ( but true ) discourse , consisting of several particulars of great consequence and concernment ; and although strange and somwhat obstruce , yet very necessary ( as i humbly conceive ) at this present time truly and undoubtedly to be rightly understood , in regard the subjects of this , and questionless of all other nations in europe and else where , that hears so many false and frivilous reports of the dutch ; accompanied with such insolent , ridiculous , and uncivil expressions and interludes ; boastings . threatnings and aspersions of the hollanders , concerning this their ( long-practized and intended ) cruel , inhumane and ingrateful war with england ; and little knowing or imagining the first rise and foundation thereof ; which now according to my weak judgment ( but long observation and experience ) i intend ( god willing ) really and briefly to declare , and discover , sufficiently to satisfie any reasonable or upright reader , as by this following tract from time to time , may gradually be observed . and i humbly conceive that ( without presumption ) i may confidently affirm , that whatsoever prince or potentate , in or out of europe , that shall hear and rightly understand the real truth and ground of this holland vvar , herein so plainly and punctually expressed and remonstrated , and yet will give any countenance thereto , or compliance therewith ; will in conclusion see his own error , when he finds and apprehends himself an enemy to his own honour and grandeur , as well as to his subjects just freedom and liberty , in point of trade and traffique . and so most earnestly and heartily desiring and imploring all happiness and good successe to the land of my nativity , and to every individual person therein that loves the truth in sincerity : i do most willingly and freely refer the contents hereof to the grave and judicious consideration of the more wise and discreet reader ; to whose better judgment , i do most willingly and readily submit and subscribe , iohn darell . post-script . the adventurers names , ann. . sir william courteen , knight , and william courteen his onely son ; endimion porter , cap john weddall , thomas kynastone , nathaniel mountney , and samuel bonnell , all adventurers in the dragon and katherine , &c. the preface , or introduction . in the prosecution of this uneouth and obstruse discourse , and scrutinous discovery , i must of necessity plain the way before me by a long and tedious perambulation of forreign and domestick passages , that by the tract thereof , the discreet reader may more easily apprehend how to discern and distinguish by demonstrative and plain reasons , the hidden truth acted in the east-indies , from all those surmised and pretended mists of error and ignorance , wherein it is clouded and inveloped briefly thus ; viz. the tract , or explanation . when famous sir francis drake , anno ● . had passed the straits of màgelline , and arived at ternatto ( one of the mollucca●s or benda , or rather amboyna islands , because by that di●eful name they are best known to the english ) and intending to return thither again three years after , but other occasions prevented him . then the dutch , anno . prosecuting the said discovery set forth fleet after fleet , and the english shortly after them and both of them discovering and arriving at the aforesaid islands , and other places in the south seas , as china , iapan , &c. but made their rendevouz upon iava major , the english at ●antum ( a place formerly possest and walled about with bricks by the portuguez , but the natives had expelled them : ) the dutch at iaccatra , a small village of fishermen with a little fort taken by the dutch from the natives and afterwards taken by sir thomas dale from the dutch , whom the natives demanded to be their prisoners , but sir thomas aforesaid would not deliver a christian into a heathens hand , and thereupon gave the dutch again possession of the fort , and bid them fight for their lives , and left them ; which now is become a famous and metropolitan city called ●attavia , or new holland ; but the two nations english and dutch did diametrically differ in their constitutions and forms of government , and of management , the one here , the other there , from whence proceeded different successes even to admiration , as at this day appears . not long after this there grew quarrels and contentions between them concerning some of the said islands of amboyna , aforesaid , which by the affections of the natives , and proprietors thereof to the english , were legally surrendred to the said english for the king and crown of england , and confirmed by way of livery , and seizin the said natives , delivering to the said english a turf or clod of their said earth , and some of their fruits thereupon growing , in testimony of their solemn , and serious , voluntary , and free resignation of the said natives themselves , and all their said lawful and hereditary islands and possessions therein into the protection and subjection of the king and crown of england aforesaid . and as i was informed from some english , to whom they were so surrendred and delivered , the said islands were these , viz polloroon , lantore , seran , nero , cobo or cambello ; but the dutch having fortified themselves at amboyna aforesaid and elsewhere , would not endure it , but warred , destroyed , and massacred both english and natives , as well as spaniards and portugals , which continued there and at bantum many years together , notwithstanding sundry overtures of treaties and debates here and in holland , anno. . and . but all to no purpose because the dutch prevailed still in india more and more untill they had taken there most of the said islands , and twelve ships , with about eight hundred men , and disposed of them as they pleased ; the fort or castle of seran aforesaid being the last which was held and defended by the english and natives one and twenty days , but the dutch came with great force and beat away the natives from assisting the english , and then they were constrained to abandon it and aboord in may . which gave the dutch great incouragement , and fair hopes of attaining their proposed end , to gain the riches , honour , and dominion of the whole vast trade of india to themselves , still observing the same rule , knowing thereby how to expel the english from all places in india of profit by degrees at their pleasure ; and so in the prince of auraunge his name , going on then conquering , and to conquer in the south-seas , as now they do in the north-seas , as mallabar , cothen , goa , india , persia , arabia , red-sea , &c. but the aforesaid sad news coming into england caused a treaty here with the states of holland , anno , . and there upon an agreement made for some small sum of . or l. ready mony to lose or l. per annum , dreyned ever since out of his majesties dominions , for nutmegs , cloves and mace , and now for cinamon also , wherein the english east-india company did contract as i was informed ( without consent of king or parliament ) as well for the foresaid amboyna islands , surrendred and appropriated as aforesaid ; as for the fruits thereof , nuts , cloves , and mace , &c. and thereupon a mighty joynt stock of or l. was here speedily procured , wherewith the english at home ( especially grocers ) hoped for wonders in concluding / parts thereof to th● dutch and ● / ● part thereof to the english , and to pay there further in ready mony / part of their charges of fortifying ; which the dutch thereupon having power in their own hands , knew very well how to make use of such a blind bargain ( as it proved afterwards ; ) for thereupon the dutch went on vigorously with their fortifications for themselves , making them both many and strong , and raised their accompts to such an unreasonable height ( as they did afterward● to the king of zeloan in another case ) and to be paid forthwith without examination , delay , or abatement ( as the said company can best declare ; ) insomuch as is conceived by some , that the said / part in ready mony , did bear the whole charge , both of fortifying and shipping to fetch rack rice , and course clouts from mesulapatam , siam , &c. making five or six for one , at least in the profits thereof to pay the workmen , so that in few years thereby , and maintaining a fleet of defence , and the like ; the aforesaid great stock was much shattered and consumed , and ( as some do verily believe ) l. of the l. never returned into england upon a profitable account , which exceedingly advanced the dutch designs . and during all the aforesaid treaties they ceased not by hostile actions to subjugate the english more and more : for anno . ( upon some pretence ) they made prize of two english ships , the bear and star ( carrying tidings of peace , having freed a dutch ship in their way to india upon that account ) and used much severity to the said english , and confiscated ships and goods . general iohn coon of battavia ; saying that he would not leave an english man in india before he had done as vantrump of late ( though contrary to his own judgement ) would sweep the narrow seas . this done , then they forced the english factors from iapan , and so cleared and debarred the english for ever after for having any trade or commerce either with china , ( observe that well ) abounding with gold , musk , civet , and pearl ( as some report ) silk of all sorts wrought and raw , cloth of gold and silver , purselane or china dishes , lignum alloes , china roots , and many other rich commodities . also from iapan abounding with silver and bulloine more then sufficient to furnish both dutch and english in their east-india trade and traffique , though the dutch ( i suppose ) amount to l. and the english to l. per annum , returning for holland , communibus aliis or l. but this year . ( as a dutchman reported to me ) in their eleven ships were valued at l. or more . but the dutch in india not yet contented with this limitation of the english , viz not to look into the south-seas beyond amboyna , upon pain of confiscation of ship and goods , or utter destruction : the foresaid general coon ( as conceived ) having contrived the amboyna massacre anno . came for holland to palliate the same by friends and bribes , or frivolous , or false pretences , and left senior carpenter general at battavia and general spealte at amboyna , to see it put in execution , anno . which was done very exquisitely and fully , and so abandoned the english thence to macass●r a celebe island where they could have but what small quantity of cloves and mace , the molajans or celebeans could procure by stealth from the said islands of amboyna . but that continued not many years neither , but the dutch by degrees did intercept and prevent the same ; and to that purpose was imployed one iohn an italian , and others by the general of battavia with commissions for that design ; and the said italian being become a burgher at battavia aforesaid , who upon some occasion ( to me unknown ) commenced a sute against president , hawley and his council , which they conceived by the aforesaid treaty , anno . they were not bound to answer ; yet notwithstanding the dutch there proceeded to judgment , and gave the said italians rials of eight spanish , for damage● , and the aforesaid general carpenter sent the captain of the castle one adrian , who came with a file of musque●eers , halberts , and two blacksmiths with instruments , and caused the english ware-house to be forced open , and so much mony in che●ts to be carried away from thence as satisfied the foresaid judgement , whereupon president hawley and council aforesaid , sent a protest to the dutch general and council aforesaid against their proceedings by mr. io cartwright an english factor there ; but the dutch general aforesaid , would not receive it , but commanded him to carry it back again quietly , lest they should serve them as they did the english at amboyna ; and it had certainly been done if the dutch had known then what came to pass shortly after ; for general coon not long after his arrival at battavia from holland , raised the iavaes customs from to . per cent . whereupon the iavaes made war upon the dutch which they undoubtedly would have charged upon the english , as combinators , and instigators thereof . but their removing to pantum , anno . prevented it , for the iavaes came by land with men , and by sea with or . prows , anno with about or . men a piece ; and next year with about or . men by land , and all to little purpose ; although at first they assaulted the castle , and killed six or seven dutch men therein , and knockt at the generals chamber door , ( as reported ) but were presently ●orced to fly into the woods , and thereupon the general sent to us english ( being but two ) to lodge on the other side of the river , lest in the night the watch taking us ●or iavaes should shoot us , which we did . but i having no mind to sleep , and walking in my chamber in view of the said english houses , about ten a clock that night i saw two men , the one seeming to me a dutch skipper , the other a moor or las●ar with long poles and reeds , or cajans fastened thereon● go from house to house setting them a fire , which were quickly consumed to ashe● , being built and covered with combustible stuff , and the day following , the dutch searched and carried away what remained unburnt , as sword blades , &c. and all the brick wall compassing the said houses were forthwith pulled down and laid flat with the ground ; and thereupon the english president and council at bantum , made another protest of damages for l. rials of eight spanish ( as true related ) but what the issue thereof was , is su●ely best known to the english east-india company , and the two foresaid english going afterwards to the dutch general to crave passage for bantum in their ships ( amongst other discourse he took occasion to s●y that the english knew of the iavaes coming , but they did well to be gone ; he said moreover , that the english would not suffer them to go through the narrow seas , but about scotland , but he hoped ere long they would go thorow whither the english would or no : and said moreover that our masters were like their masters , they would have all the world , but will not afford the meanes to get it . and the king of ternatte aforesaid , ( one of the amboyna islands ) sending some of his orankaies , or noblemen anno . upon some message to the dutch general aforesaid , gave him the title of captain of twelve castles , and commander of all the seas in the world . but the said general ( like enough ) ruminating how to revenge himself both of the english and iavaes , anno . ( the ship dolphin ) one of the english companies ships , mr. thomas proad commander , having taken in●o his ship at iapara seventeen eminent iavaes to transport them to the red sea and setting sail from thence towards bantum , when he came thwart battavia rode a dutch ship , boarded him , and entered , killd and took prisoners , the said iavaes , and took all their jewels , gold , and treasure they could find , supposing thereby , so to incense and exasperate the iavaes against the english either to fall upon them violently , or expel them from their factories of bantam , and iapara , and iambe that the dutch might shut them out of the streights of sundie as well as molacca , and that is it they long for , &c. observation i. by pondering and well considering the premisses , the discreet . reader may truly perceive and understand to what a transcendent height of soveraignty , power and opulency the said dutch east-india common-wealth had attained years ago , where neither english nor french , dane , swead nor iannesses , as well as portugals and spaniards ( but english and portugals especially have suffered by them exceedingly and cruelly : ) i say not any of the foresaid nations , nor any others under heaven ( not there inhabiting ) durst then look or sail into their foresaid south seas ( as they term and challenge them ) but all nations must be subject to seizure , and confiscation of men , ships , and goods , to that insolent and a●bitrary government , notwithstanding any treaty or cont●act made here with the states of holland to the contrary , which are but nets and sna●es to delude the english ; for in india they neither are nor have been regarded ; thereby the dutch as former and later experience doth suffi●iently evince , having always their ships ready to seize and command , for there hath been seen and told in battavia rode at one time together , riding at anchor fall great and small , from or tun burthen , to or tun burthen ; and as they have done in the south sea● , now they proceed in like sort in the north seas , having lately taken cocheen town and castle from the portugals upon the coast of mallabar and connanoze , and other ports and places where esq courteen had most of his factories , and so commanding from mallabar to detanne , india , persia , arabia , red sea , soffala , mosambique , mombassa , all along to cabo de bona esperanza , ten thousand leagues coasting , where they have now a brave plantation ; notwithstanding anno . captain andrew shilling , captain richard blithe , captain iohn swan , and captain christopher brown , commanders of ships , london , hart ro-buck and eagle , with trumpets , drums , and english colours ; then proclaimed king iames ( of blessed memory ) king thereof , gathering a great heap of stone● , and left there for a monument of remembrance . but now the two aforesaid dutch companies of east and west-indies , are met together , in hopes also to command from north to south , and so to cross all the subjects of emperours , kings , princes , and potentates of the whole universe ( save only the narrow seas of england , which is their chief stumbling block . observation ii. from whence the discreet reader may further gather this truth from the premisses ; that all or most of the dutch treaties ( especially those relating the east-indies● their darling diana ) are either clandestine treasons or prepensed prejudicial pollicies , to abuse and circumvent kingdoms and nations to reduce them to reason ( as they term it ) which reason of theirs will never be satisfied untill they have subjected the trade and treasure of all countrys and nations upon earth , to their unlimited east-india arbitrary government , to bring and fetch , rule and rate , all commodities bought or sold , at their pleasure and price ; and then to put in practice that design and project which they were hammering at their town of pollicatte , upon the coast of mesulapatum , anno . harkning but to hear the word from battavia ( as there they reported ) which was , viz. first , to sack and plunder the rich town of mesulapatam , and then to destroy all their vessels and boats upon that coast : and it should have been done had not a brabling pedling nation ( meaning the english ) stood in their way to receive some profit thereby , as well as themselves ; and peradventure they have used this pollicy already in their south-seas of amboyna , china , iapan , &c. from whence they might send for holland such a large return this year , of l. ( as some report ) much more hath and might have been said concerning this subject : but i must remember my promise and follow the question propounded more closely , and succinctly . now the english east-india company ( as i conceive , but themselves can best discover● ) having advanced l. or more in several joynt-stocks , and purchased no place to secure men , ships , or goods ; and the dutch but one sacred stock ( as they term it ) of l anno . and the english factors and servants in india as aforesaid being so tossed , tortured , and ejected out of their best factories and foundations of trade ; and his majesty highly abused and deluded in his just right and title to or . of the said islands of amboyna as formerly exprest ; also to half of the customs of persia , as well as to the towns and castles of ormus and cashme , which the dutch hitherto by their power refuseth to pay , though justly due , as by agreement with the persian may appear , which is of very great consequence : and by these great abuses aforesaid and otherways much of the said l. national stock was spent and consumed in and about the fortifications there , which in reason ought to add much to the interest of the english there , and to be expected from the benefit of the fruits thereof , for the time elapsed , which would amount to an exceeding great sum : and in justice and equity ought to be required and satisfied by the usurpers , and wrongful possessors thereof . thus the said company being reduced to such a sad condition of commerce losing in their principal adventurers some . some per cent some more . but upon their addresses to his late majesty ( of ever blessed memory ) a remedy was speedily provided , and a new company of adventurers instituted and ordained wherein his said late majesty was pleased so far to express his interest therein , and affection thereto , as appears by admitting them to wear his own collours constantly , and honouring the said company with a royal signet engraven with three crowns and a lyon passant , whereof sir william courteen ( that famous merchant ) was appointed governor and director by his majesty and council , adventuring therein for his own particular ( inter alium ) l. and the said company was constituted and ordained by his said majesty and council in the best and most legal way and form that ever yet in england was invented ( which the dutch quickly apprehended ) and with so much wisdom , discretion , reason , moderation , and modification , in the limitation and prescription of all parties and interests without injuring or encroaching one on the other being in strange and remote countries and places where the english had no factories or correspondence of commerce , and with as much prudence and respect as any reasonable man could expect , desire , or require . and the said sir william and adventurers , anno . speedily equipped and set forth to sea . ships viz the dragon , captain iohn weddal commander and admiral , the sun , captain richard swanley commander and viceadmiral ; the katharine , captain iohn carter commander and rear-admiral ; the planter , captain edward hall commander ; the anne and discovery : but shortly after their departure from the downs , the said sir william fell ●ick and died ; and the said ships proceeded and arrived in india purchasing ports and places for commerce , and customs , and for fortifications , and rendevouze to secure the same ; which the old company heretofore never did . and by this expedition , in the very first and second year , the said old companies losses in their adventures aforesaid , returned with so much profit increasing also their ships from , or per an. to , , or per ann. and also affording the said company many several courtesies , relieving their ships with necessaries , and their men from the miserable mallabar captivity that ever yet was known ( save the matchless massacre at amboyna ; ) and yet this company ( as counsellor chute pleaded for esquire courteen , at the bar of the lords house , anno . ( did very modestly term them ) proved afterwards in many respects exceedingly ingrateful and injurious , where i must leave them and hasten my search , after the dragon , sun , and katherine aforesaid . the subject , matter , or conclusion . and finding them pursuing their honest and lawful imployments , but passing through the straights of mallacca for china ( a town and castle taken by the dutch from the portugals , and ever till then free for the english to pass ) the said ships were there presently encountred and commanded by four or five dutch ships to go into mallacca aforesaid ; but having no business there they refused , the said dutch then threatned to ●ink or burn by their sides , but they would force them in ; yet the said dutch doubting their own strength suffered them to pass but with terrible menaces and threats , that they would have a better account at their return : and when the said english with much perplexity and trouble from sundry nations as well as the dutch , had finished their affairs in china aforesaid , they returned back again through the aforesaid straights of malacca , and then they were encountred again with a greater power of dutch ships double manned , and by them sternly commanded to go into mallacca and speak with their governour : captain weddal and the rest english , still denying to obey their command , then the said dutch shewed their commission , which was either to bring them in by force , or to deliver them , the portugals and their goods who were many and of great value , by estimation worth l. or to sink or burn by their sides , and thereupon their time being limited , & a glass turned for the english to give their answer : then captain weddal called a consultation , and debated with his captains and chief officers what they should do , wherein were different opinions ; for some were for fighting the dutch forthwith , as captain weddal and his men ; others for delivering up the portugals and their goods , holding it neither valour nor wisdom to venture their lives for them , from whom they had received many injuries and abuses , as captain richard swanley aforesaid vice-admiral and his men , whereat captain weddal aforesaid was exceedingly moved , and thereupon gave captain swanley some reproachful and uncivil language , as coward , and the like : but captain weddal falling into a calmer temper , captain swanley moved him to call for the black box , november . wherein were instructions from the kings majesty concerning the portugals , and there they found to this , or the like effect , viz : that if they hapened to receive any prejudice , or damage from the portugals , to take their remedy by what means they could get it . then captain swanley aforesaid , moved captain weddal aforesaid further , and said ; that if he captain weddal would really seize the portugals as prisoners , and their goods confiscated to the king of england for the injuries and abuses they had received from the said portugals ; captain weddal should then see and finde , that neither himself nor his men would prove cowards , but would freely and willingly spend their dearest blood in that quarrel , and fight it out to death to the last man. to which motion , captain weddal readily and speedily condiscended and made seizure accordingly . then captain swanley in the ship sun ( being of greatest force ) weighed anchor , and went and rid a head the admiral , purposely to receive the first assault of the dutch ; and before the glass was out , captain swanley carried this their resolution and ground of the quarrel , and declared the same to the dutch commander ( being one of his old acquaintance at amboyna ) at the hearing of which message and resolution , the said dutch commander was much troubled , fretting and fuming , and tearing his hair ; saying , he had no instructions in that case , but must go in again for new , and that he was sure to lose his head when he came to battavia , because he did neither burn , nor sink , nor bring them into mallacca , and so going in for new and further instructions , came out no more : and the dragon , sun , and katherine , proceeded and came to goa , and there landed all the said portugals and their goods , according to agreement made with them at maccao in china ( but contrary to that pretended seizure , and captain swanleys expectation ) and the said captain swanley in the said ship sun , came that year home and arrived safe in england , but the dragon and katherine staid in india until the next year to compleat their lading . but when the dutch ( observing the motion of the dragon and katherine ) understood plainly , that by the foresaid pretended seizure , they were meerly deluded and disappointed , both of their prey and purpose , doubtless they were exceedingly exasperated and inraged ; and it was not their commanders head that would asswage or satisfie their constant and frequent bloody and cruel malice and revenge ( as former and latter experience plainly remonstrates ) but when the aforesaid dutch● commander came to battavia , the sceane was altered , and a new device framed to destroy them altogether , and not suffer any to live to bring back the said tidings of their destruction . for , in , or about the year , . upon a war or difference between the king of coelon & the portugals there inhabiting ; the hollanders vpperland states of their vnited provinces of battavia , amboynia , tewan , &c. neglecting no opportunity to advance their foresaid designs of conquest and trade complied with , and assi●ted the for●said king against the said por●ugals ( being very antient in●abitants there ) and undoubtedly it was that very same fleet going upon th●t occasion to coelon ( before the dragon and catherine set saile for england ) that extinguished , and most barbarously destroyed both those two ●hips and men , according to the several relations of english , portugals , and dutch , &c. and that done ; then the said fleet proceeded upon their design at coelon aforesaid , where in few years after , they conquered and vanquished the foresaid portugals both by sea and land , and took and surpriz'd all thrir ships and goods ( with their chief town or city of collombo and the rest ) with all their castles , fortifications and houses or towns , with all the good● and treasure ; ordinance , amunition and appurtinances , therein and thereto belonging , and so quickly possest and dispatcht the riches and subjects of two eminent kings in europe out of their way ; and the third , the king of the said island and his subjects escaped not altogether free ; for ( by good report ) when the said king desired to know their demands for their assi●tance , and the same being produced , the said king was thereat much amazed and said , that he and all his subjects were not worth the one half or quarter of what the said hollanders demanded , ( notwithstanding the exceeding great plunder and booty taken from the english and portugals aforesaid ? and so the said king being altogether unable to sati●fie their said demands in any reasonable measure ( and to be rid of them , as he once well hoped , but they never intended ) therefore the said king was constrained and necessitated to submi●t , and to suffer the said hollanders to enjoy all the portugals towns and castles aforesaid with , &c. ut supra ; and what other ports or places upon his said islands they desired : and further to permitt and suffer the foresaid hollanders states , to conferr a kings ship upon the said john tyson , as an extraordinary reward and recompence for all his good services , according to the usual construction of holland and dutch reason ? supposing thereby , to declare and proclaim to all kings , emperours , and princes , beyond cape bona esperanza and to their subjects ; that as they the holland upperlander states aforesaid , had power there to destroy and set up kings at their pleasure ; so had their masters in their neatherlands the like power ; or more over all kings and emperours in europe , and ●o th●reby thinking to free themselves from that aspersion , which many heathens seemed long since justly to lay upon them , ( to wit , ) that they were some rude , bruitish , boarosh , vncivil , and barbarous people , and of low esteem in europe ? because they had no king. and thus , per fas aut nefas they intend ● if possible ) to build their babel as high as heaven . but i must here , ponere obicem , and give you a true and perfect copy of quondam skipper now dutch president , and hollands king john tyson , one of his warrants to his subjects , within the verge of his command and iurisdiction . a true translation of one of his warrants by geo. gawton marchant , which came to my hands at goa in india , . nov. stilo veter , . iohn tyson president for the dutch at gallee in coelon . the chief of the people of gampa , with the rest dwellers ; let them come and obey the hollands king , and bring the other duragos or dwellers of the neighbouring aldees or towns ; and the challes or inhabitants of urngampala , and of galleluja and hivitiania , and all other challees or inhabitants , subjects to the corlo or governour of allicuer , and the captain of gampan withall ; and in case all these people eannot come , let him appear before the king ; for so is the kings command . the seaven corlos or commanders are already at ningumbo . concerning the loss of the dragon and katherine . out of the book of resolutions at goa , in the instruction given to io. dursenon his persia voyage written by iohn darett . also if you happen to meet with the ship hopewell ( mr. edward lock or whosoever commander ) enquire diligently of six dutchmen taken aboard the said ship , at her last being at cocheen ; who can make certain relation concerning the dragon and katherine , their sinking between the islands of coylon and mauritius by seven dutch vessels or ships , ( as we are informed ) whereof the ship called amsterdam was admiral ; . november . in goa . london , th . of june , . francis day saith , that from mesulapatam , he came to surratt ; and coming before goa , was forced to strike by the hollanders ; and a boat from the ship amboyna , came aboard to have a discharge , how that they received no injury from the hollanders ; which discharge , was written twice before it could be to their likeing . and amongst the boats crew , there was an english man who told to the purser of the expedition ( as three or four men come home by the crispine can witness ) it is well you struck , for all the guns aboard were primed , and the lynstocks ready , waiting for the word to give fire and would have sunk you , and god knows what is become of captain weddal , which words being spoken he was called away by the commander into the boat . these persons present : william courteen , fr. day , isaac saxby , and d. g. ( i. e. ) david goubard . iohn carter came home in the crispine , and afterwards in the bon esperanza tells the same words as francis day abovesaid . london th january , . a board the hester at blackwal , present . william courteen , john rushout , captain robert moulton , anthony robert , one of the queens musitions , edward kinpe , john bening , thomas gent. and d. g. ( i. e. ) david goubard . was told by william taylor masters mate , and confirmed by robert hogg master of the hester . that william taylor aforesaid , going a shoare at cocheen with william gorley , the governour of the town and castle , demanded , or asked him ( among other things ) whether the general ( meaning captain weddal was arrived in england with his two ships , to which they answered , he was not ; and do you know ( said the governour ) what is become of those two ships ? they said they knew not ; then said he , you must know that they were sunk by the hollanders about ceylon ; they asked how he knew this ; to which he answered , here are passed through this town two slaves which were taken by the hollanders , and made an escape from them at ceylon , which two slaves have reported the same for a certain truth to all the inhabitants of cocheen ; the said two slaves were then gone for goa or india , &c. more particulars they neglected to enquire after , because that mr. gurley nor none of our people would believe it to be probable . they also asked what hollanders should have sunk or taken them . answer was made , the fleet which lay before goa of twelve saile in their way home to jaccatra , whereof was general one of the holland ships lying before goa was the ship trevere . sir john hubbard writes to his friends in london , that he hath advice out of holland , that captain weddall was sunk in the east-indies by the hollanders . john bening mr. of the planter , heard mr. mountney say , captain weddalls two ships were worth , l. in england besides his own goods , l. very neer . one lawrence a dane who came home from the streights with mr. lucas , told to the wife of james clarke , taylor in the dragon ; that he was at the sinking or taking of the dragon and katherine , by seven holland ships . robert hogg tells of one which was at plynmouth a hollander , and was before at the sinking of captain weddall , he was with mr. tuchburn . captain swanley tells of one james burdett which had a letter from india● which makes mention of the very same report by a slave , which made escape from the hollanders . anno . at the return of thomas lamberton , william page , thomas newman and others taken in the bon-esperanza going to china , and brought prisoners into mallacca with ten wounded men which lay there in the hospital , where they found a scotch-man lying sick , who upon his dying told the aforesaid men of the bon-esperanze , that he could not dye before he had declared that he was at the taking of the dragon and katherine , which were going from india unto the cape bon-esperanza by seven holland ships which coming in fare by captain weddall they pretended to be bound home , and invited him with captain carter and both the mountneys aboard ; where having feasted together , so was captain weddall and his friends brought upon the deck , and told they must into the sea , whereupon more words past ; and they were bound back to back and thrown into the sea , those of the dragon and katherine seeing the same fit●ed themselves to fight , but were taken , and their ships robbed , and then with ( all the men remaining alive ) bored and let sink in the sea ; he told that the same fleet came to mallacca , afterwards where much was hid ; the rest of the common men was sent for the moluccoes , and that well known by many in mallacca , but durst not speak of it , the said lamberton and others asked the lievtenant of the town about the same ; but he answered , that upon their liues they should not speak of such things . a declaration of some news seeming probable , of the dragon and katherine of esquire courteens ; captain iohn weddall , and captain iohn carter commanders . from the mouth of boat-swain wente ; john thomas , hinton quondam , chyrurgion of the ship bon-esperanza employed in the service of the worshipfull esquire courteen , anno . in the moneth of august , being by sinister occasion at johanna , in the ship hopewell of the old companies , at which time also was the crispine and dolphin of the old companies there , as also the loyalty mr. john durson commander , belonging to the esquire courteen , had this following relation of the destruction of the dragon and katherine , by the dutch as follows . the said boat-swain wente , boat-swain of the good ship dolphin , mr. thomas proude master in the said ship , . upon some employment went from surratte to the southward , viz. to cocheen a portugal town , where ( upon what occasion i know not ) having some conference with a servant of the governours of cocheen concerning the dutch. the man told him of a fight made off of ceylon between the dutch and english , viz. two english ships and seven dutch ships , the english ships named the dragon and katherine , both which the dutch overcame , sinking the one and forcing the other a shore , so eagerly prosecuting them , that some of the english having escaped drowning and got a shore , the dutch in their boats hasted a shore likewise and cut them all off . now no doubt but the dutch have projects enough to conceal this villanie ; but if this relation be true , gods wonderful power is evident in the discovery , for this servant to the governour was in the dutch ships at that time in their service , when they fought and following the english a shore ( he being one among the dutch ) made escape to the portugals and in time came to serve the governour of cocheen . this is the relation that i heard boat-swain wente relate , and indeed i went aboard purposely to inquire of him about that business : i desired to have the relation under the boat-swains hand , but i could not obtain it , by reason partly of ●is unwillingness , and partly the shortnesse of our time , for they suddenly set saile from joanna , also the boat-swain said the governour of cocheen●nows ●nows of the matter , and upon inquiry ( if he pleaseth can produce you his servant if living ; if not , he himself is able to give satisfaction . was under written , thomas hinton . duarte , de figueiredo de mello secretario de sua majestrade do estado da india , certifico que assistindo na ilha de ceylon soube por algus prisoneires olandeses , que se tomarao coms as duas naes do capt. guadel que hia da china para inglaterra , as tomarao o● olandeses no cabo da boa-esperança & as meterao ambas apique ; is●o he ó que me constor de ditos dos dites prisoneires , secutarto . goa a de april de . duarte defigueiredo de mello . i edward de figueirdo de mello secretario to his majesty of the state of india , do certifie , that being in commission in the island of ceylon ; i came to know by some prisoners of the hollanders , that they met with two ships of captain weddals , which were going from china for england , and that the hollanders took them towards the cape of bon-esperanza and sunk them both . this is what appears unto me by the relations of the said prisoners . goa . april . anno . was under-written , duarte defigueiredo de mello . for when the said dutch commander doubted the cutting off his head ; in stead thereof they furnish him ( as credibly reported ) with seven sail of proper ships , four greater , three lesser ; the ship amsterdam about . tun burthen being admiral : no doubt but with strict injunctions utterly to destroy the said two ships , dragon and katherine and so preserve his head on his shoulders , which it seems by manifold reports and instances he performed very fully and effectually lying in wait ●or them with his said fleet , hovering too and again about caeloan the onely cinamon island in the world , taken by the dutch from the portugals and natives , whereof iohn tyson a dutch man , ( first a scullion , ( or some such thing ) then a skipper , and at best a commander ) was made king as by his warrants appeared , anno. . eter . forab , . or . years , &c. and knowing well what course the said two ships dragon and katherine would steer for england , having sufficient intelligence and spies abroad to observe their motion , and to bring them word when and at what time they set saile from goa and the coast of mallabar , whom the said dutch fleet unhapily discovered , and hailing one to the other , who and whether bound according to the manner of the sea ; captain weddall answered of white-hall for england , as by his colours appeared ? the dutch answered of battavia , homward bound for holland , and so seemed glad of one anothers company , and as commonly reported in india , they kept company some reasonable time until they had them at sea farr enough from any land. and when the dutch saw their opportunity , they invited captain weddall and captain carter with their chief officers , in friendly manner aboard their admiral , the ship amsterdam aforesaid . and when they had eaten and drank sufficiently , the dutch suddenly clapt a guard upon them , and seized , pillaged and sunk the said two ships dragon and katherine , wearing the king of englands colours , and bound the english back to back and threw them all over board ( as in india and else where frequently reported ) and this was the final and dismal conclusion and confusion of the aforesaid two ships , dragon and katherine , valued at l. besides their commanders , marchants and others , men of great quality and reputation , who doubtlesse had very great estates therein . afterwards the ship bona-esperanza in the same imployment , and in the said straights of mallacca , was there violently assaulted by the said dutch , killing and wounding the master and many others , but the portugal passengers calling for quarter , the ship was enterd and seized on by the dutch , some of them saying to the chyrurgion and other english in the said ship , viz. they did well to yield when they did , else they had gone after the dragon and katherine , and carrying the english prisoners a shore , towing his majesties colours at their boat stern ( as reported . ) a scotch man a shore lying very sick , very earnestly , desired to speak with some of the english ; and it was to inform them , that he was in that sad action of the dragon and katherine , and his conscience therefore was exceedingly troubled and afterwards died . then the great william , captain ieremiah blackman commander upon the same imployment , and in the said streights of mallacca was likewise assaulted and sore threatned by the said dutch , but doubting their own strength , he passed them going to china , but they way-laid his return with seven ships , they supposing and expecting that for fear he would have gon● through the streights of sundie at the souther most end of sumatra & so to catch or tole him to sea without ken of land as they did the dr●gon & katherine , & pretend themselves a homeward-bound fleet ; and when they had seen their opportunity if not to carry him to battavia , confiscate ship and goods which had been as great courtesie as he could expect from them , or else to have sent him and his company to seek the dragon and katherine in the bottom of the sea , for presuming to sail in their south-seas without their leave ; but he steering an unexpected courfe , by , or near the shore in sight of mallacca happily escaped them . now to conclude and finish this disquisition concerning the dragon and katherine , and to discover the plac● into which they are sent , and the parties who sent them ; our next and l●st work is to produ●e our indi●●●●● and proofs that it is so really and indeed , wherein it is well hoped that better evidence will be asse●ted and produced , th●n in su●h a case could well be expected or required . some plain and pertinem indi●i●es and proofs , concerning the destruction of the dragon and katherine . i. the diligent observation of the constant series of the dutch in the insolent actions , and cruel proceedings of their states general in their east india vpperlands and united provinces of amboy●● and buttavia ( alias , new holland ) and in their continued prosecution of english and portugals ; abinitio , driving them ( like sheep or jac-cauls by their high & mighty power ) out of all profitable places of trade as aforesaid , in order by degrees to expell them out of india , not daring to look beyond cape bon-esperanza . as also their contempt and de●ision of all treaties and agreements made with their states of the netherlands concerning any matter or thing beyond the ●aid ●ape , as may appear not onely by their neglect of all former treaties , and waring and wronging there , while treating here ( as i conceive ) at this instant with the king of bantum , meerly to drive the english out of their pepper trade at iambee ; but also it appears by their general i. coones expression , anno. ● . to the commanders and company of the english companies ; two ships , bear and s●ar● , saying , that they would not leave an english man in india before they had done ; and anno , . when the said coon was st●led by the king of ternatte captain of twelve castles , and commander of all the sea● in the world. and afterwards two english men craving passage for ●a●tum ? he the said general ●oon replyed , aud said , the english would not suffer them to go thorow the n●rrow se●s , &c. but he hoped ere long to go thorow whether the english would or no , &c. as by remonstrance appears● and said moreover , that the english east-india company like theirs , would have all the world , but not afford them the means to get it , &c. ii. that long before the amboy●a massacre , they had debarred the english from having any commerce with china , iapan , or phillipeen islands the spaniards . and ever after that massacre , not to sail b●yond the celeeb islands , or macasser upon confiscation of ships and goods , and incurring their further displeasure ; wherefore some english knowing this , and that the dutch were in good earnest for their own advantage , for it was . or l● per an . profit to them , and . or l l , per annum loss to the english ever since , by loosing his majesties right ( and merchant● trade ) ●herefore refused to go that voyage with capt. iohn carter commander of the katherine , for this very cause and danger , els● very willingly would have accepted of the motion . iii. that rebellious and wicked agreement made in india , ( and afterwards printed by authority in england , and affidavit upon o●th likewise made before a master in chancery ) between the dutch and english , utterly to destroy that exceeding hopefull imployment of sr. william courte●● kt. william courteen esquire his son● and the rest adventurers into east india , by seizing , sinking , burning , or otherwise ; wherein the dutch diligence was very remarkable in all the said esquires ships that went for china , for certainly the dragon and katherine suffered as aforesaid , and the ship bon-esperanza also , and the sun and great william very narrowly escaped ; neither was the said english at home or abroad , altogether idle as in time convenient may further be declared . iv. the relation of captain richard swanley concerning that last passage of seizure of portugals and their goods in the streights of mallacca , whereby the said dutch were so enraged and exasperated , that they hunted violently to destroy the said dragon and katherine as the said captain feared , as by the aforesaid relation more largely appeareth . v. the relation of captain william swanley , who being in holland , anno . when the dutch east india fleet arrived ; and the said dragon and katherine was then expected : as the said captain was drinking with a friend , there several dutch men doing the like , and onely a slight thin deal board between them , some other dutch men enquired ; what news of captain weddall ? they answered that he was sunk and drowned . the said captain hearing this , presently desired to be satisfied more fully ; therefore he went to those dutch men newly come from india and enquired of them , but they were very shie and would not discover it any further ; onely they told him they heard it was so , and that it is all one , for none but their own countrey men could tell them so , and it will admitt of no other construction , but that it was so indeed ; which amounts to a plain discovery by their own open and free confession for the one or the other , must actually be present actors in the said destruction . vi. the relation of iohn stratford a cord-wainer in southwark ( and kinsman to mr. daube●ey chyrurgeon of the aforesaid ship katherine ) and for whom the said stratford had caused to be made , an imbroidred girdle with silver buckles ; which girdle the said chyrurgion , promised never to part with for love or money . and this said chyrurgeon was well and in good health , when the dragon and katherine aforesaid set sail for england ( as the men in the ship mary coming then from india aforesaid report . ) but afterwards the said iohn stratford saw two dutch men in southwark , going from one gold-smiths shop to another upon their occasions , and espied one of the said dutch men to have or wear the very same girdle , and enquired of the said dutch man , how he came by the said girdle , and where he had it ? for said stratford , i know it very well ; the said dutch man somewhat abashed at the question , at last told him he had it in india ; i thought so replied the said stratford , you are one of the rogues that sunk the dragon and katherine . and the said stratford intended to have had him before a justice , but his vvife and other friends diswaded him ; then came he to the secretary of the east india company richard swinglehurst ( not knowing esquire courteen ) who laughed at the news ( as the said stratford related ; ) and so that discovery rested for further prosecution . vii . the relation of senior lues rib●ro , an eminent portugal merchant at goa , who said that a gentleman and friend of his ( which lay then ●ick in one of their castles ) who told agen farren , if he would send to him , he could make a perfect discovery of the said ships : and likewise one thomas a must●zoe who s●rved the portugal governour of coucheen , who was also in that action ; besides the common relations of moores , gentues and mallabars ; but what the said agent ●●rr●n did therein is to be unknown , for i was then upon occasion sent to rabagge , and afterwards for england . viii . the relation of thom●● h●●ton chyrurgion of the ship bona-esparanza and others therein , who said that when the dutch entered and had poss●ssion of their said ship ; some of the dutch sailors said to the said hi●ton and others ; they did well to yield as they did , else they had gone after the dragon and katherine ; and moreover a bootch man when they were in malacca being there very sick , and was in that action desired earnestly to speak with some english man , who told them ( as they said ) that his conscience was much troubled , because he was in that sad action and destruction of the said dragon and katherine . ix . memerandum , . december , . master newman said in the custome-house london , that one came to mr. gurley and himself ( being dutch prisoners at malacca ) and desired that some english men ●ould go to speak with a sick man there ; for the said sick , earnestly desired it : so mr. gurley and mr. newman sent thomas lamberton and some others , who returned this message from the said sick man , that his conscience troubling him , and that he sent for them to tell them that he was at the sinking of the dragon and katherine by the dutch , and that the said dutch bound all the english back to back and threw them over-board , according to the relation of mr. hinton chyrurgion , richard white and others , &c. x. the relation of richard white an english man at goa s●●ving the portugals ; who said , that 〈◊〉 me● wi●h ●ight dutch men upon the coast of india , and seven of them con●●ssed to him they were in the dutch fleet that destroyed the dragon and katharine , and that there were nine ships in number , six greater , three lesser , whereof the ship amsterd●m about . t●●s burthen w●● admiral , and pretended them selves a hom●w●rd bound fl●et for holland . and captain 〈◊〉 and captain carter with some of their 〈◊〉 , being invi●ed ●bo●rd the said admiral after a pret●nded friendly entertainment ; the said dutch , s●i●●d ●illaged , and sunk the said ships dragon and 〈◊〉 , and bound the men back to back , and 〈◊〉 the men all over-board , and this was 〈…〉 ●bout forty leagues from the island zeloan as the said dutch men related . xi . it is the opinion of some , that the english presidents of suratt , mr. methwould , mr. fremblin , and mr. brittain , and other their factors there● could all , or most of them have made a clear discovery thereof ( as well as one of them , mr. iohn 〈◊〉 ) but being co●●ceived to ☜ ●e combi●●● 〈◊〉 with the said dutch in th● general destruction , and seeming well pleased ●herewith● therefore an uncharitable silence did possess them , whose case even now might be th●● own ( if god and the kings majesty prevent it not ) but the 〈◊〉 adventurers are sure to suffer mo●● ; and ●●●ing that formerly through their great ignorance and ●upi●e , and inconsiderate government , and management of that weighty affair of such high concernment and consequence ; so it is , that they ( of merchants ) have been doubtless the greatest friends and promoters of the said dutch designs , and consequently the greatest enemies to the land of their nativity , as his late majesty of ever blessed memory , seemed excellently to apprehend in the preface of his majesties pattent under the great seal of england , made to sr. william courteen and the rest adventurers therein . but i presume that the least of these indicia's and proof● , ( being all of them voluntary and free ) are of greater force and efficacie , in the judgment of any understanding and upright reader . then the greatest or all those empty and pretended cruel , and extorted indiciaes , and proofs produced and alledged by the dutch in their proceedings against his majesties subjects , whether the innocent english or natives at amboyna or elswhere . further reasons to satisfie the reader , and refell objections . reason , i. ☞ that it was never known before this ( that ever i heard of ) that ever two ships together english or dutch , going or coming to or from india , perished by stress of winds or weather . reason , ii. that there was eight ships or pinnaces more lost at sea belonging to that expedition , yet not a word or relation of any one of them to sail by such destruction . reason , iii. that it was more impossible or improbable by land , to conceal the burning of the english houses and stores at battavia in sight of ten thousand people , and not one of them since discovering the same ( that ever i heard of , ) then to conceal the sinking of the dragon and katarine . rex & regina beati . all these indiciaes and proofs seems superfluous and needless ; seeing the dutch combinations , actions , and constant obstructions , their combinations , hostile seizures , and bloody depredations are fully evident , and good and sufficient proofs of the premises . the lading of the dragon and katherine , for the adventurers onely estimated , l. the loss of trade , factories , plantations , for the adventurers onely estimated at , l. the loss of particular persons in two ships , being men of quality and good estates , — for murthers , massacrees and loss and destruction of trade to posterity , being onely matters of state , are most humbly left to his majesty and others under him , in highest power and authority . some special annotations further to explain the premises , ( viz. ) that this east india war and dutch design , began about sixty years ago , and continues to and at this very day ; witness the town and castle of cocheen in india , lately taken by the dutch from the portugals : also the dutch new waring against bantum , to drive the english from thence and from their chief pepper trade at iambe , and so shut them clear out both of the streights of sundye and mallacca . that this dutch war now ●ageth not so much as formerly for want of prey to feed upon ; having long since destroyed both the power and profit of english and portugal , to the exceeding enriching of their netherlands or old holland by the one , and of their vpperlands or new holland by the other , to such a high and transcendent degree of pride , riches , and power , insomuch that the lading of their eleven ships this year , . from their foresaid new holland , home to old holland ; some of their own nation reported to be worth l. or more . or . being formerly their usual annual return . that the dutch now having made an absolute conquest of all the south-east seas of asia and affrica ( half of the whole universe from iapan and china , to cape bon-esperanza thirty thousand miles coasting , and reduced the subjects of at least thirty emperours , kings , princes , and governours , to the dictates and rules of their own arbitrary power and protection , without any dispute or contradiction ; and all this in the prince of aurange his name . now they treen about the foresaid cape and meeting there with their neatherlands , west india company ☜ ( with whom uniting and combining together ) endeavour to carry on and propogate the said old war and design into europe and america ( the other half of the whole universe ) with confidence and assurance of like success . and subtilly and slily striking at the root and main obstacle , viz. the command of the english narrow seas ; having already ( as themselves and others conceive ) the command of all the seas in the world besides : and thereupon they frame a causless contest and demand concerning some injuries and damages ( as they pretend ) lately done upon the coast of guinnie and cabo verde ; wherein they are proved to be the first and onely trespasses : but by the blessing of the almighty upon the vigilence , care , and prudence of his now majesty , their secret design is at present put to a stand , they being peradventure in further expectation of a large supply from their vpperlands of forty or fifty tall ships of inestimable value by april or may next ; and in the mean time use some delatory , pretences , or treaties . but seeing his majesty , with the happy concurrence of his royal and most valiant and magnanimous brother his highness the duke of york , and lord high admiral of all his majesties forces by sea ) with the unanimous assistance of a wonderful , discreet , and loyal high court of parliament representing the whole nation ; may apprehend great hopes and incouragement in this so transcendent and mighty undertaking , against such powerful and politique universal enemies ( especially of england ; ) and who may compare their conquests by sea , with the great turk by land , and allow him ten foot for one. i say to reduce this people ☜ to right reason , is onely the work of the almighty , and of the king of great brittain , his instrumental and most valiant vicegerent ; no other king or prince under heaven , being sufficient in apprehension to weild their weapons , and to dispute this most noble and just cause with them at sea ; and to this end , a voice seems to be heard from heaven , in his majesties most glorious and triumphant restauration , without one drop of blood-shed : to question and chastize these rebellious , ingrateful , and cruel people for all their actions and misdemenours in india , where blood hath touched blood continually . and further paulus grobnerus ex misnia , in his sericum mundi filium , sent to his majesties most famous predecessor and nursing mother , to these forgetful and ungrateful people , ( queen elizabeth of ever blessed memory ) . seems as it were to point with his finger at these very time● , and his majesties person ; saying as i take it , page . et sic a carolo carolus magnus , sit regnans qui magno successum , & fortund septentrionalibus populis suis dominabitur & faeliciter classe sua , &c. and lastly , considering that by the continual contempts of the said dutch-vplands , of all former debates and treatie● , yea , and of kings to , ( as appears by skipper tyson their hollands king of celoan ) i conceive are nul and vold ; and by the dutch netherlands onely used , as nets and snares hitherto to gain advantage of all kings and nations , to acccomplish their afo●esaid design . therefore when time seems convenient , reason and justice may require reparation , and satisfaction for all their former old injuries and damages , before new debates or treaties , can in equity well be admitted , viz. first restitution and reposition of his majesties and subjects right to those four or five amboyna islands , in ☜ statu quo , and the damages thereof for forty two years by past ; and his majesties interest in the fortifications of their other amb●yna●slands ●slands , built with a good part of the english national great joynt stock of l. with free trade to iapan , china , ●●illipeenes , and elswhere in the south seas ; for otherwise the dutch will eat out all nations in india with those commodities ; which said damage and loss ( besides blood ) cannot be estimated less viis & modis , then l. per annum , dreyned out of his majesties kingdoms yearly for those commodities ; as mercers , grocers , drugsters , potters , and other trades-men , can best discover with battavia interest at . per cent , per moneth , &c. also the dutch ha●f customes of their vast trade into persia for years by past , they being strangers and never in the gulf , before that agreement made between the persian and the english , which may be reasonably estimated at . or l. per annum , or more . then the old east india company and other , for damages done since &c. likewise , sr. william courteen and adventurers with him for their four ships , viz. ship bon esperanza , hen-bonadventure , dragon and katherine , and utter loss and destruction of all their trade , factories , plantations , and fortifications in india ; the damages and losses , whereof in knowing judgments , cannot be estimated in all so little as l. and whosoever makes any doubt or dispute concerning the dutch , their certain destruction of the dragon and katherine aforesaid ; me thinks the consideration ☜ of their own designs , constant and bloody actions and practises , frequent threatnings , combinations , and commissions , to sink or burn ; to any rational man , may seem evidence sufficient to prove the fact , especially appearing so plainly to proceed from prepensed malice , and revenge . but being seconded by a multitude of voluntary and free indiciaes , relations , predictions to prove , and combinations to destroy , from very sufficient witnesses of english , portugals , and dutch themselves ; besides mores , gentues , and mallabarrs , all which may seem superfluous , &c. therefore , whosoever will not believe these truths , neither would they ( without doubt ) believe if one should rise from the dead and depth of the sea , to declare and justifie the same unto them . all which , in every particular matter and thing therein , are most humbly referred to the farr more wise , and judicious , to do , and to determine , as in their more excellent wisdoms and judgments , seems most meet and convenient . vivat rex , carolus magnus . the authors attestation . thus having freed and discharged my conscience and duty towards god and man , without favour or affection , in this plain and impartial declaration of my long and serious observation and experience , of the various passages therein expressed ; being altogether for sum and substance , what i have both heard and seen , and do verily believe the same to be really the truth , and nothing but the truth , faithfully collected and asserted , and will make good the same upon oath , when thereunto lawfully called . and so i do most humbly committ the care and consideration thereof , to those whom it more neerly or publickly concernes , to move and to do therein for relief and redress as occasion and opportunity shall present ; and procure a remedy and reparation from the transgressors , according to the righteous rules of justice and equity . finis . notes, typically marginal, from the original text notes for div a -e sir francis drakes discovery , . the dutch the english about the same time . the english rendevouz at bantum , the dutch at iaccatra . sir thomas dales civility to the dutch. their constitution in government quite different . war and contention began , a real resignanation to the kings majesty and crown of england of . or . of those islands and inhabitants . english amboyna islands , pollaroon , lantore , seran , nero , cobo , or cambello . dutch war begun . all treaties nulled . bartholomew churchman , and the english beaten out by the dutch. the dutch design and end . another treaty . no better then treason . for . or l. the english lost l. per annum . engl. stock of l. circumvented and destroyed by the dutch mas●acres and injuries . the dutch insolent and peremptory accompts , and present pay . the english submits , being conquered , so now either subdue or submit , which god forbid . nothwithstanding the treaties . in . the dutch seized two english ships . general iohn coo●e said then he would clear india of all english men . in order thereto he d●barred them from china ; observe that well . then drove them from iapan . the dutch return . reported l. or more . the dutch suffer no ship to sail beyond amboyna . gen. iohn coone for holland , and then the a●boyna massacre put in execution . iohn the italian his imployment . english president , and council demurres . the captain of the castle with musqueteers , halberts , & blacksmiths , &c. mr. iohn cartwright threatned with another massacre . gen. coones arrival , . the raising of customs caused a war. the english gone in time , ● . gene. coone sent to the english to abandon their houses . the english houses fir●d . aug. . another protest for . rials of eight spanish . gen. iohn coones hopes . ●ronice quo ad engl. realiter quo ad dutch. gen coone stiled captain of . castles , & commander of all the seas in the world , . eminent iavaes massacred , imprisoned , and pillaged . the dutch project against the english. observat. i. to ponder and consider the dutch tyranny the dutch east-india common-wealth . all treat●es contemned , and used as nets and snares . ships in battavia rode , by captain william swanley . cocheen town and castle taken by the dutch from the portugals , . esq courteens factories . cape bon esper . k. iames proclaimed . now under the dutch command of ten thousand leagues coasting . how the two dutch companies meet . observ. . the readers observations of treaties and treasons . the dutch arbitrary government . a dutch project . the dutch project in . the english companies supine error● and ignorance the dutch cruel diligence . his majesties right to castles and customs . ormus and persian castles and customs . to require an account of damages sustained during the time elapsed . the english east-india companies sad condition . his late majesties excellent wisdom and redress . his late majesties honour and respect . sir curteen's adventure in particular l. the dutch foresight in the loss and danger of their trade . ships set forth . arriving in india , purchased and settled factories and fortifications . great advantage thereby to the english - east-india company . councelor chu●es leading●●gain●● the company for l . dammag●s , now much more . mallacca ever f●ce , till thē dutch to●k it f●om the por●ugals but never a●ter . sr. william court●en● ships the e encountered , and threatned . sr. vvilliam cour●●●n● ships again there encountered , & s●re threatned to sink or burn them , so commanded by commission . the glass turned to give their answer . difference in opinions , amo●gst the english commanders , at last agreed . black box , no. th . his late majesties order concerning the portugals . captain weddal's seizure of the portugals and goods . captain richard swanleys declaration and message to the dutch commander of their resolution . the dutch commander much discontented , fea●ing his head . captain weddal at goa , landed the portugals and goods . the dutch thereby so inraged and exasperated , sought how to be revenged . the sceane altered , and the commanders head off● no p●ice to appease their mallice . seven sail set out to look after the dragon and katherine . iohn tyson the holland● king at caeloan . the dutch fleet with the dragon and katherine . the dutch their friendly invitation of captain weddal &c. aboard the dutch seizing , pill●g●ng and sinking the two ships , binding all the men back to back , throwing them over-board ; and this was the certain end of the dragon & katherine . ship bon. esperanza afterwards taken . some of the dutch entering , said they did well to yield when they did , else they had gone after the dragon and katherine aforesaid . a sick scotch man did declare the fact to several english men . captain ieremiah blackman very narrowly escaped the like by an unexpected course . and this was the end of the dragon and katherine , ●ithout any other cause , then presuming to sail in their south se●● , now they are discovered , n●xt to o●r proofs , &c. which are farr more and better then in such a case would be expected or imag●ned . notes for div a -e portugals and english con●pa●ed to sheep or ja●-cauls , driven to and fro by the dutch lyons and tigers . the constant and insolent actions of their vpperlands states of am●oyna & battavia : and by affi●avit thereof made before iohn pa●e a master ●n chancery . of f●b . . bartholmew church man , & ● . their debaring and obstructing all nations , for trading into those seas upon confiscation . their agreement , and resolve in india to destroy , as by affidavit &c. ut supra . all ships going that way questioned , sunk , or taken . capt. richard swanley to io. darell , august . upon exchange london . capt. swanley's relation to the said darr●ll● upon exchange london . the relation of iohn stratford , to the said iohn darell and others . senior lues ribero at goa in india , to iohn farren , iohn darell and others . hi●ton's relation at island ioanna and goa to io. darell , . mr. newman's relation to iohn darell . whi●●'s relation at goa . iune . to iohn farr●n , john darell , &c. factors . some are very confident thereof upon good reason . english ●ast india company , the greatest friends and enemies . the least indicia or proof , greater then all at amboyna . notes for div a -e further reasons . notes for div a -e dutch constant practises , considered all these proofs and reason seems superfluous . notes for div a -e prince of aurange . a modest offer of some meet considerations, tendred to the english about their coyne and trade, and particularly to east india hall, joseph, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing h estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a modest offer of some meet considerations, tendred to the english about their coyne and trade, and particularly to east india hall, joseph, - . sheet ([ ] p) s.n., [london : anno ] imprint from colophon. by joseph hall. reproduction of the original in the university of london, london. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . money -- england -- early works to . commerce -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - taryn hakala sampled and proofread - taryn hakala text and markup reviewed and edited - pfs batch review (qc) and xml conversion a modest offer of some meet considerations , tendred to the english about their coyne and trade , and particularly to east india . the ordinary means of encreasing our wealth being foreign trade , managed so that the ballance be for us , not against us ; and the seat of our now war being distant from us , ( which is our happiness ) where we must pay our armies and fleet , we ought to provide that forreigners ( be they friends or foes ) do not get our trade nor our wealth from us . it doth behove us therefore to secure our foreign trade in the first place , by safe guarding and wisely conducting our merchants ships at sea : which may be done if our naval affairs and strength ( our chief and commanding point ) be put into the hands of men of integrity , skill and courage , of sobriety and diligence , and of desire to shorten the war. such men as these we may hope will effect the like qualities in them they do command ; and then from the nature of the thing , and by divine ordination too , we may expect all good success . our armies and fleet may then be paid abroad , because the goods we import being exported again will create bills for us , ( which are not now to be had ) and make the exchange in our favour . the kings customs and our wealth will encrease , and the french being without trade and captures at sea , will the sooner be reduced to extremity . the next thing is our money : not to alter its fineness , weight , nor denomination , but to permit none that is ( lip'd or false to pass in payment , and the good at no higher value than formerly . our mill'd money , as now it is , is not only the common and true measure of our lands , and of all our means in the kingdom , but also of our foreign commerce with strangers ; therefore to alter it would bring us into confusion and loss too : for gold and silver being their product , not ours , when we add to its value , they have the advance of us . this encreases the ballance against us , and we must pay it in gold or silver , not at our valuation , but as the exchange will allow ; which whilst we pay our armies and fleet abroad , will not exceed five shillings our mill'd crown , and twenty shillings the guinea . and if , as some propose , we advance the one to thirty shillings , and the other to six shillings three pence , in payment , we thereby add to spain , &c. per cent. in their gold , and per cent. in their silver , and substract as much from our selves in all our rents , in all our now made contracts , and loans , in all the customs and charges that forreigners pay for goods they import here , and in all we buy here and send abroad to foreign markets , ( in case that strangers do buy the like with us ) and in all that we do remit to discharge the ballance upon us . when gold or silver from abroad comes to pay their debt to us , it is good ; but when to encrease our debt to them , it 's an evil to us : for it must go from us at less value than it came to us we should therefore hasten to extinguish this ballance , or lessen it all we can , by safe guarding at sea our ships in trade , and by sending our own product and manufacture to markets abroad upon equal terms with foreigners who buy them of us ; which cannot be done if we add to the value of our money : what we add they have our manufacture , &c. cheaper than our merchants , and then we lose our trade too . the course of all exchanges in time of peace , or when we are free and safe in foreign trade , doth shew that generally our mint at twenty shillings a guinea , and at five shillings the mil'd crown , is the best market in europe for gold and silver , it will then come to us , and what we now part with for payment of our armies and fleet abroad ( which by the way will be done with one third less if we do not advance our money than if we do ) will return to us in time of peace , and i hope it is not far off , if it be , i am sure , when it comes it will be the better and more lasting with us for this war upon the whole , to advance our crown to six shillings three pence can serve no purpose of ours , is needless , and pernicious , therefore not to be done . but if we do not reduce guineas to s. d , or s. and make our money good to s. the mill'd crown , and no more , ( as formerly it did pass in payment , ) and stop the currancy of clip'd and false money , and if we do not make forreign trade free , and safe to all the subjects of england , and put it so that they may set forth in it upon equal terms with foreigners ; i say if this be not done , there can be no paying our armies and fleet abroad ; consequently , no army or fleet of ours there : then the french will soon subdue our allies , and next us , then slavery and popery will be the lot of our inheritance for ever , and we with our allies thus ruined , shall soon end this war , object . but is not our coin rather to be ordered hereafter than now , and by degrees ( the guineas at least ) than all at once . answ . if we will go on with the war , it must be done presently . last years delay giving them opportunity for it , some ( i wish them branded ) to distress our king by making the payment of his army in flanders , if not impossible yet very difficult and costly , set upon the project of raising guineas , others for their particular gain did the like , and these together advancing guineas to s. it left neither silver nor bills for payment of the army in flanders , and by that means made it next to a miracle that our king did subsist there the last campaigne . every moment we delay , our clippers and false coiners are at work , and which is worse , guineas at s. and clipt and false money from abroad is poured in upon us , and so we encrease our ballance and loss by th●se degrees , and this delay . now is a fit time to do it , when some , confident that our s. would be made s. d. have laid up in silver bullion about l. value , that must be brought to our mint , or applied ( which is as well ) to pay our armies abroad . the bulk of the guineas are now with ( or of right belong unto ) bankers , goldsmiths , the india and africa companies , jews , stock-jobbers , and the victualers , agents , or under-payers of the navy or armies , persons well provided by the gains they have had , and who do now oppose the fall of guineas only because they shall lose by it . and the doing it by degrees cannot help us , nor will it ease us in the least . the next thing is the east-india trade : which , though the most mischievous of any to us , yet since we must have it , and it is become in value near one half of the foreign trade of the kingdom , it ought to be made national , and secured that it be not lost to the dutch ( who by the continuance of our now company are much encreased in that trade , ) nor gotten from us by the scotch company , who invested as it is in act of parliament , and having jews , hamburghers , hollanders , english , and some of other nations , subscribers into it , will soon ( if not timely prevented ) get that trade , and more beneficial trades from us , i mean those to guinea and west-india , and perhaps all trade : for the grants in that act set together , make that company as it were universal monarch of trade . now for prevention against the one and the other , i do humbly offer against establishing by act of parliament the east-india trade in a company with a joint-stock exclusive of others the subjects of england . for such establishments of trade in england are malum in se , monopolies at common law , for that they give and appropriate that to some onely which is the common right of all : and in the instance now before us , do make but one buyer for what is exported , and but one seller for what is imported , to the value of near one half of the foreign trade of this kingdom . it is true , new invention and discovery hath alwayes been incouraged and rewarded with exclusive grants ; for that in those cases no other have any right antecedent to the thing granted . yet even in these cases , it hath been usual with parliaments to allow no more than fourteen years , exclusive to others the subjects of england , because they should not be long excluded in any case . and for time out of mind , the wisdom of our nation in parliament hath condemned exclusive grants of trade , as appears in magna charta , and in many other statures unrepealed . it may , and most likely will , endanger the peace and being of the english monarchy . it is a most pernicious contraction of trade , for that it cannot be extended to persons so as to make it national . if the whole trade of the nation were contracted as this to east india is , it would soon nationally perish ; for that the whole then in proportion , would scarce enrich one hundred and sixty persons , and maintain very few adventurers or traders . if the trade be thus settled for twenty one years , it will for many of those years exclude from trade the greater number of merchants , and many others , as minors ; those who are not now in cash , and those who have their trades swallowed up by this . future admission into this trade will be precarious , very costly , and may be lost . it will cause the dutch and scotch to surmount us in this trade . where our trade is without a company we out-do the dutch ; and where we have a company and they none , they out-do us . therefore , the dutch above all things desire the continuance of the now company in england . they by their agents here in , importuned o.c. to establish the now joynt-stock . it will unavoidably give being and support unto stock-jobbing . the loss of estates by cheats this way , and by the monopolists double tax upon us of one buyer and one seller , in so great a trade as this is , will in less than twenty years exceed two millions . the proposal in ease of our lands to raise money by such grants , if accepted , will lessen the value of our lands , and soon rid us of them . the benefits to our nation are many , if the trade to india be free , or in a regulated company , without a joynt-stock . ingenuity will be encouraged . new places of trade will be applyed to , others discovered . more of the sons of our gentry may be sent factors . it will increase the exportation of our manufacture and product . it will enable us to furnish europe with all the commodities of those countries , much cheaper than the dutch. it will add to our navigation , and augment the kings custom , stock-jobbing will cease . and it will prevent taking up money at interest upon a common seal , which as done by our now company , is a thing very unequal and hazardous to the subject ; and make it impossible to do the evil deeds our now company hath done ( and if continued may do ) here and in india , fully proved upon them before the commons in parliament . the india trade hath been carried on better for the nation without a company in a joynt-stock than with one , and may be so again . forts and castles in india , if we have them , cannot defend us in case the dutch , or french , or indians , be our enemies ; but may tempt us ( as it did the now company ) to offend them , or create a jealousie in the india princes of us , and by that means tempt them to offend us . and however joynt-stocks in trade may have been used here in the infancy of foreign trade , and granted by kings to a number of subjects named , ( the intention whereof was not particular but to them in trust for the general good , and in prospect of a future opening it unto national benefit ) yet now when we of this kingdom are arrived at the utmost degree of experience in commerce with all countries , i cannot see any reason why the subjects should lose their right , or should be clogg'd by joynt-stocks to the great dammage of the nation , as i have before made evident . what i have here said with respect to the india trade , is applicable to the guinea trade also . i am troubled for the late loss of six ships coming from the east-indies , whereof two were interlopers ; the whole , i compute , did cost them in india three hundred thousand pounds , not more . but i cannot infer thence any reason for an exclusive grant of that trade : for if so , then the interlopers who lost one third , must have one third of that trade , exclusive of the now company . and by a parity of reason , the now jamaica , barbadoes , and west-india merchants , who during this war have sustained greater loss , must have grants of those trades , exclusive of all others ; which if done , would make it cruel pity , and most unjust . as it had been if when london in was burnt , we to rebuild it , in compassion to them , had taxed the nation to the value of all our lands . to prevent scotland being the chief seat of all trade , or as it were the universal monarch in it ; i think we ought to make that design ( if we can ) abortive : and i think it will be so in case our parliament shall please . ( . ) to declare that the east-india trade is and shall be free to all the subjects of england . and that it shall be managed in a regulated company ( as the turkey , or as near it as may be ) without a joynt-stock , except a small one to defray the common and necessary charges of embassadors , &c. and , ( . ) that from and after the end of the session of parliament , which shall be in the year , in case it shall appear that the east-india company in scotland have made any progress in trade , that then all goods imported from east-india , in english ships and by english men , shall be custom free . to induce the former i have said enough before ; and to enforce the latter i say , that the doing it will not lessen our kings revenue ( comparatively ) one peny : for if it be not done , and the scots do proceed in that trade , &c. as it is enacted or granted to them , we shall not import any thing from india , &c. because they will have gotten all that trade from us . a court of merchants might be of use to us at this time. london , anno . to the kings most excellent majesty the humble peticion of william courten, esquire, grandchild and heyre of sr. william courten, deceased and george carew, esquire, administrator of the goods and chattells of sr. william courten on the behalf of themselves and several others, your majesties good subjects of england. courten, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) to the kings most excellent majesty the humble peticion of william courten, esquire, grandchild and heyre of sr. william courten, deceased and george carew, esquire, administrator of the goods and chattells of sr. william courten on the behalf of themselves and several others, your majesties good subjects of england. courten, william, - . p. s.n., [london : ?] caption title. imprint suggested by wing. reproduction of original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng courten, william, -- sir, - . courten, william, d. . east india company. great britain -- history -- charles ii, - . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion that in prosecution of justice and reparation , your majestie was gratiously pleased particularly to owne the said cause , in a more especiall manner in the treaty anno . then all other damages of that nature , to your subjects , in regard of the many services and sufferings , of sr. william courten , and others intrested , that had lent one hundred and twenty five thousand ponnd sterling to his late majestie , at usuall interest , towards the ordinary charge of the crowne before the yeare , which remains yet unsatisfied , as by the tallies and assignements in the exchequer appeares . that during the late warr anno . your majestie most graciously appeared againe , concerning the damages of the said ships , holding your self obliged , in justice , and honour , to get satisfaction , from the principall offenders for the same . as by the orders of the councell table , and reports , of the committe of lords , intimating the merrits of the said cause to your majestie accordingly . that notwithstanding all the orders , procedings , and speciall grants , under the great seale of england , concerning the said shipps , goods , and fraights , the hollanders doe still pretend , they are not obliged to give any satisfaction for the same , being made a debt incumbant upon the crowne , by the last treaty at london , whereby eight hundred thousand pattacones are to be paid unto your majestie by the states generall , at foure equall payments , for which the crowne of spaine stands obliged , that they shall be paid accordingly . your peticioners doe therefore most humbly pray , that your majestie would be most graciously pleased , to assigne some part , and proportion of the said money payable to your majestie by the states , unto your peticioners in satisfaction of the said damages , and losses , concerning the said shipps as aforesaid , or to grant them , some assignment , upon any branch of your majesties revenue in liew thereof , and your peticioners , shall ever pray , &c. a proclamation for restraining all his majesties subjects, but the members and agents of the east-india company, to trade in the east-indies, and recalling such as are there by james r. england and wales. sovereign ( - : james ii) approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a proclamation for restraining all his majesties subjects, but the members and agents of the east-india company, to trade in the east-indies, and recalling such as are there by james r. england and wales. sovereign ( - : james ii) james ii, king of england, - . sheet ([ ] p.) printed by the assigns of john bill deceas'd, and by henry hills, and thomas newcomb ..., london : . reproduction of original in huntington library. broadside. at head of title: by the king, a proclamation. at end of text: given at our court at whitehall, the first day of april . created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. broadsides - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion royal blazon or coat of arms by the king , a proclamation for restraining all his majesties subjects , but the members and agents of the east-india company , to trade in the east-indies , and recalling such as are there . james r. vvhereas the sole trade to the east-indies , by divers royal grants , as well of the late king our dearly beloved brother of ever blessed memory , as other our noble progenitors , hath beén heretofore granted to the governour and company of the merchants of london , trading to the east-indies , with express prohibition to all other their subjects to trade there , and that such trade by the great industry , charge and expence of the said company , hath for several years last past , been maintained and carried on to the great honour and profit of the nation , till of late that several ill disposed persons preferring their peculiar gain before the profit and reputation of the nation , and to the utter decay and overthrow of so beneficial a trade to this kingdom , which cannot be supported without the joynt assistance and managery by a company , have in a clandestine and disorderly manner traded into those parts , in express disobedience , not onely to the several prohibitions contained in those letters patents , but to divers royal proclamations set forth for that purpose , pursuant to the undoubted prerogative of the crown for licencing , limiting , and regulating such foreign trade into so remote parts of the vvorld . and whereas the late king our dearly beloved brother , out of his abundant grace and tenderness to his subjects , was graciously pleased to permit his unquestionable prerogative in that point , to be argued and disputed at the common law , to the intent his subjects might be without any excuse for their disobedience , which having received a publick decision and determination in our highest ordinary court of common law ; vve do expect from all our loving subjects an intire obedience thereunto ; and at the humble petition of the said company , vve do give leave , and direct , that such offenders , who contrary to the said letters patents and proclamations , have contumaciously invaded the said trade , in contempt of the crown and dignity of our late brother , be proceeded against at law , in our name , to the intent they may be punished according to their demerits . and to the end all our loving subjects may for the future avoid the forfeitures and penalties , which may be incurred by their disobedience in this behalf ; vve have thought fit , by and with the advice of our privy council , to publish our royal pleasure to be , and vve do hereby strictly prohibit and forbid all and every our loving subjects whatsoever , except the said company and their successors , and others trading by the said companies licence ; to trade into , visit , or haunt the said east-indies , or any port , creék , haven or place within the limits in the said company 's charter , granted to them by our late brother in the thirteenth year of his reign , upon pain of our high displeasure , and of being proceeded against as contemners of our laws and royal authority , and also of incurring the forfeiture and loss of the goods and merchandises , and the ships and vessels with their furniture , when and so often as they shall be taken or found trading or navigating within any of the ports , rivers , creeks , havens or places within the limits of the said company 's charter , or beyond the cape of bona speranza : and to the end our vvill and pleasure herein may be the better observed and executed , vve do hereby also strictly require and command our governours , deputy governours , admirals , vice-admirals , generals , iudges of our courts of admiralty , commanders of our forts and castles , captains of our royal ships , provost-marshals , marshals , comptrollers , collectors of our customs , vvaitors , searchers , and all other our officers and ministers , civil and military by sea or land , in all and every our foreign dominions and plantations , and also all and singular captains and commanders of ships , and all other persons imployed or to be imployed in the service of the said east-india company , to be aiding and assisting to attack , arrest , take and seize for our vse the ship or ships , vessel or vessels with their furniture , goods , vvares , and merchandises , of all and every our subjects , other then the said company and their successors , and such as shall be imployed or licensed by them , which they shall find on sea or land , within the limits of our said charter granted to the said company , according to the tenor of the said charter granted to the said company , and to proceed to condemnation thereof in any of our courts in our said foreign dominions and plantations , upon pain of our high displeasure , and as they will answer the contrary at their perils : and vve do by this our proclamation require and command all and every of our subjects except such who are of the said company , or imployed or licensed by the said company , who are or reside within any of the parts and places in the east-indies , or within any of the limits of the said companies charter , or are upon the seas in order to their voyages thither , that they and every of them do within the space of eight months next ensuing after the date hereof return into this our kingdom upon pain and penalty that shall fall thereon . given at our court at whitehall , the first day of april . in the first year of our reign . god save the king . london printed by the assigns of john bill deceas'd : and by henry hill● , 〈◊〉 thomas newcomb , printers to the kings most excellent majesty , . the argument of the lord chief justice of the court of king's bench concerning the great case of monopolies, between the east-india company, plantiff, and thomas sandys, defendant wherein their patent for trading to the east-indies, exclusive of all others, is adjudged good. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing j estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the argument of the lord chief justice of the court of king's bench concerning the great case of monopolies, between the east-india company, plantiff, and thomas sandys, defendant wherein their patent for trading to the east-indies, exclusive of all others, is adjudged good. jeffreys, george jeffreys, baron, or - . sandys, thomas. england and wales. court of king's bench. east india company. [ ], p. printed, and are sold by randal taylor ..., london : . reproduction of original in bodleian library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. monopolies -- england -- early works to . - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion the argument of the lord chief justice of the court of king's bench concerning the great case of monopolies , between the east — india company , plaintiff , and thomas sandys , defendant . wherein their patent for trading to the east-indies , exclusive of all others , is adjudged good . entred trin. car. . b. r. rot. . and adjudged termino s. hilar. annis & car. . & primo jac. . london , printed , and are sold by randal taylor , near stationers-hall , mdclxxxix . the publisher to the reader . to commend this argument i 'll not undertake , because of the author ; but yet i may tell you what is told me , that it is worthy any gentleman's perusal , for the subject is of concern to the publick in general , and to every individual man in the kingdom either immediately or by consequence , since trade is the life of a nation , and all men are traders either by themselves or others ; the consequences of it are strength , wealth , and employment to all sorts of people whatsoever : and that , and nothing but that , can secure the peace of the country , it employing both rich and poor , and keeping all from idleness , and so prevents ill men from disturbing the government by treasons , or the subject by felonies , both which are most frequent when trade is dull , and men are idle ; when the exchange is thin , and shops are empty . 't would be an endless task to recount the desolations and ruins that have happened to states and kingdoms by sloth , luxury , idleness , and the neglect of commerce , and the prodigious benefits that have accrued to several countries by the contrary , and to our own in particular ; and the vigilant care and zeal , which wise kings , princes , and other sovereign potentates , have always had and used for the countenance and promotion of traffick , within their respective territories . that foreign trade is of absolute necessity , and infinite advantage to england , is as apparent as that we are an island peculiarly adapted , and prepared for it by nature her self ; insomuch that shipping , which at first was an invention of the deity , for the use of noah and his family , seems a blessing design'd , most particularly for us , to render us sociable with the inhabitants of foreign countries , that we might borrow of their necessities , and vent our own superfluities to them instead ou 't ; and so maintain a correspondence with all the habitable world. that foreign commerce cannot be advantagiously maintained without societies instituted for that purpose , is sufficiently manifested to all considerate men , from the policies of other laws abroad , which establish them , and from the provisions of our own , which allow and protect them , and from the necessity of the thing it self , as appears by the vast charge , ( in intelligence , factors , castles , forts , men , arms , &c. ) and the wise conduct requisite for the support of such a commerce , which without the united aid of a considerable number of understanding merchants , upon a considerable stock ; must necessarily be obnoxious to the growing incroachments of neighbouring countries , ( which use the policy of setled companies ) and to the other mischievous casualties , that may daily happen through the indiscretion and rashness , and other weakness in stock or conduct of particular individual persons , exercising such traffick . as for the east-india company , they support the crown by the incredible customs , which are yearly paid by it ; they bear a considerable proportion of publick and necessary subsidies ; they enrich the nation by their importations ; they convert infidels , or at least civilize them , and make them more humane by their correspondencies ; they employ vast numbers of poor people ; they negotiate vast sums of private persons monies , which would otherwise lie dead or useless : they educate and breed vast numbers of sea men for the services of war ; they build and employ vessels of great burden , useful to the crown and publick upon emergent occasions : their naval force is part of the defence of the kingdom ; their trading fleet , is both the glory and riches of the nation ; they have improved and do maintain the spirit of commerce to that degree , as preserves the balance of trade between us and our neighbours in its just proportions ; which company , were it dissolved , their trade and strength would increase , and ours decay , and we should be reduced to our primitive state of self-subsistance , and our merchants , ( now the pride of england , and the envy of the world ) must become domestick pedlers , for an home ignoble traffick from cities to towns , and from towns to villes , & sic retrorsum : for these reasons is the ensuing argument published . the argument of the lord chief justice jeffreys , concerning the great case of monopolies . plea . i. defendant demands oyer of the letters patents which are set forth in haec verba . in which ( as it hath been observed ) the penalty of forfeiture of ship and goods , one moiety to the king , and the other to the company , and imprisonment is omitted . ii. there is also a clause , that the company may license strangers or others , and that the king will not without the consent of the company give licences , &c. iii. that none shall have a vote in the general assembly but he that hath l. stock . iv. and there is another clause which hath not been mentioned by the councel on either side , that if it should hereafter appear to his majesty or his successors , that that grant or the continuance thereof shall not be profitable to his majesty , his heirs and successours , or to this realm , that after three years warning under the privy seal or sign manuel , the same should be utterly void . for plea , the defendant says by an act of parliament made e. . it is enacted , that the sea shall be open for all merchants to pass with their merchandizes where they please , and that the defendant by vertue of that act , and according to the common law of england did traffick within those places mentioned in the declaration without any licence , and against the will of the company as the plaintiffs have declared prout ei bene licuit . plaintiff demurrs . in the debate of this case at the bar there were several matters discoursed of , but at length by the consent of both sides , as i apprehend , the case was resolved into these two points . i. whether these letters patents giving or granting licence or liberty to the plaintiffs to exercise the sole trade to the indies within the limits of their grant , with prohibition to all others , be good in law. ii. admitting the grant good , whether this action be maintainable for the plaintiffs . now to let me into the debate of these two points : i think not amiss to remember some things that have been mentioned by the counsel that i think are no ways in question . i. at this time i conceive therefore , that whether the king may prohibit his subjects from going beyond the seas by writ , or otherwise , by his absolute prerogative without giving any reason , is not the question , nor sure was it ever thought a question till it was lately stirred at the bar. for the writ in fitz. n. b. . and the register import no such thing , and our books say , the surmises mentioned in those writs are not traversable : so is dyer . & . for surely the king may restrain his subjects from going beyond sea , and is not bound to give any reason for his so doing ; but that is not now in question . ii. in the next place , i do not conceive there is any difference ( tho much discourse hath been about indians and infidels ) whether the east-indies were at the time of the grant of this patent inhabited by christians or infidels ; tho by the way in the debating of this case , i shall shew , perhaps that matter may in some measure affect the defendant , but will not at all affect the grant to the plaintiffs . so that i conceive that whether this country or place , or any other be inhabited by christians or infidels that is not otherwise provided for by act of parliament , will make but the same question . iii. whether every clause and article in these letters patents , viz. touching forfeiture of ship and goods , imprisonments , or divers other clauses contained in the charter be legal or not , is not now in question . for surely it would be hard to maintain them all , and therefore the plaintiffs councel have avoided those questions by bringing this action ; and tho the defendants councel have mentioned them , yet surely it was onely intended to fully the cause , and not that they thought them to affect the question . iv. nor is it the question , whether by this grant to the plaintiffs the king has fettered or confined his prerogative by putting in a covenant to exclude himself from granting licences to others of his subjects to trade within the limits of the plaintiffs charter ; tho mr. william's ( always a friend to the kings prerogative ) in tenderness and care thereof seemed to be surprised by the inconsiderate extravagancy of the grant , and would have us believe that he was afflicted with the dismal consequences that must necessarily ensue by the king 's parting with so great a prerogative , and that either by the advice , consent , or the inadvertency of his attorney general and the rest of his councel , by having a greater regard to the east india company for the sake of their money than they had to the king in discharge of their duty . to acquit them and us therefore of that dilemma , i am of opinion , though it makes nothing to the question that is now before us : the king may grant licences to any of his subjects to trade to the indies notwithstanding the charter or any article , clause or condition therein contained to the contrary , and notwithstanding any caution or advertisement that in his argument he gave to the king , or his reflection that he made upon his councel either for their ignorance or hasly inadvertency in the passing of that grant ; and i am the rather induced to be of that persuasion , for that the most learned of our profession whose opinions have been quoted by him and others that have argued on the defendants side were then of the kings councel , and were privy to , and advised both these letters patents and all others of the like nature that have been granted for these hundred years last past . i therefore think fit to say , that i believe mr. attorney general , and the rest of the king's councel have discharged their duty as well to the king , by maintaining of this grant , as mr. williams has in this instance manifested his loyalty by endeavouring to destroy it . in short therefore , as i said before , every clause in this charter is not to be maintained , and therefore is not to affect the question now to be determined . v. whereas it has been objected , that tho upon the pleadings it is agreed , that the defendant never was a member of the east-india company , nor had any licence from them to trade to the indies , yet he might have a licence from the king , which , as i conceive , the king is not debarred to grant by any clause in the letters patents ; yet i am of opinion , that if the defendant had any such license , it ought to have been shewn on his part , which not being done , it ought to be taken by us , as i believe the truth of the fact is , the defendant never had any such licence . vi. it was observed , that the plaintiffs in their declaration had alledged , that this trade could not be managed but per hujusmodi corpus corporatum ; and by this means they had excluded the king from constituting any more companies to trade within their limits , tho perhaps the advantage of this kingdom might hereafter require it : nay , tho the indians might desire a further treaty of commerce , or that the trade of these places might require more companies to be erected ; yet say they , this grant hath made the plaintiffs a mere republick , and thereby has altered the constitution of england in the management of trade by common-wealths , by placing it in companies , who ( were they independant upon the crown ) are truly so called . yet in as much as i did before observe , that the king is not by this grant either excluded from making any new treaties with the indians , or from making any corporations or granting any other licences to any of the rest of his subjects , notwithstanding any of the clauses in the charter : so i am of opinion , that that objection also does not affect the question now to be determined , and for that reason amongst others , i thought it not improper to mention that clause in the charter that was omitted at the bar , which the king has annexed as a condition to his grant , that if it should hereafter appear to his majesty or his successors , that that grant or the continuance thereof in the whole or in any part , should not be profitable to his majesty , his heirs and his successors , or to this realm , that after three years warning by war , under the kings seal or sign manual , should be made utterly void . so that it appearing that the king hath neither divested himself of the power , nor at the time of the grant did design to be prevented to shew his inclination for the promoting of the advantage of his kingdom , has given himself scope enough to obviate all those emergencies . yet by the way i cannot but observe , that mr. williams to shew his dislike to a commonwealth , declared it to be absolutely opposite to the interest of a single person , but the single person he concerned himself for was not the king and his prerogative , but his client the defendant , and his trade , who tho i cannot in propriety of speech call a commonwealth ; yet i cannot but think this opposition of his seems to proceed from a republican principle ; for he by his interloping has been the first subject that within this kingdom for near an hundred years last past , hath in westminster-hall publickly opposed himself against the king's undoubted prerogative in the grant now before us ; and i hope by this example the rest of his majesties subjects will be deterred from the like disobedience . there were some other superfluous objections made against the clauses in the charter , and against the formality of the pleadings , which i think not necessary to remember , and therefore having thus premised , i shall now descend to those points i think only material in this cause . i. the first and great point in this cause , is , whether this grant of the sole trade to the indies , to the east-india company exclusive of all others , be a good grant in law or not , and i am of opinion it is , and by the way i cannot but make the same remark in this case as my lord chief baron flemming made in the great case of bates in the exchequer , lane , fol. . that it is a great grace and eminent act of condescension in the king to this defendant , that he does permit this great point of his prerogative to be disputed in westminster-hall ; but by this he does sufficiently signifie to all his subjects , that he will persist in nothing , though it seem never so much for his advantage , but according to the laws of the land. i shall therefore endeavour to make it appear that he is invested with this prerogative by the law of this nation ; but by the law i do not only mean the customary common law or statutes of this realm which are native and peculiar to this nation , which as mr. attorney well observed are not adapted to this purpose . but such other laws also as be common to other nations as well as ours , and have been received and used time out of mind by the king and people of england in divers cases , and by such antient usage are become the laws of england in those cases ; namely , the general law of nations , the law-merchant , the imperial or civil law , every of which laws so far forth as the same have been received and used in england time out of mind , may be properly said to be the laws of england . and for the better communicating my thoughts upon this subject , i will proceed by these steps : . i will very briefly consider of the inland trade within this kingdom , and the forein trade with other nations , and therein observe that the king's prerogative is concerned in both , and that there is a great difference between both allowed by the municipal laws of this kingdom . . i shall shew that the liberty of forein trade may be restrained . . that forein trade and commerce being introduced by the law of nations , ought to be governed and judged according to those laws . . that by the laws of nations the regulation and restraint of trade and commerce is reckoned inter juris regalia , i. e. the prerogative of the supream magistrate . . that though by the laws of this land , and by the laws of all other nations , monopolies are prohibited , yet societies to trade , such as the plaintiffs , to certain places exclusive of others , are no monopolies by the laws of this land , but are allowed to be erected both here and in other countreys , and are strengthened by the usage and practice of both , in all times . . i shall shew the authorities that are extant in our books , together with such presidents , reasons both publick and politick ; for as my lord fleming says , that such reasons are good directions for our judgments in such cases as these ; being demonstrations of the course of antiquity ; and therein also observe the necessity and advantage of such societies , and by the way endeavour to answer the several acts of parliaments , presidents and authorities , with all other the objections that have been made against my conclusion . . first then , to consider the difference between the inland and the forein trade allowed of in our books , and that the king's prerogative doth affect both . as to manufactures under which all sorts of artificers are concerned , i think they remain with the most liberty by the common law ; and as mr. attourney observed , the publick-weal is little concerned therein , only to preserve every one in the quiet enjoyment of the fruits of his own labour and industry , yet even in that the king's prerogative hath not been totally excluded ; for as it is taken notice of in our books , that all things that are this day enjoyed by custome or prescription , had their commencement by royal grant , and by that means no artificer within the city of london can at this day use two trades , i. e , a carpenter cannot use the trade of a joyner , or a bricklayer of a plaisterer . . as to the trade of merchandize or inland commerce generally speaking , it had the next freedom by the common law , but was subject nevertheless to be limited or restrained by the king's prerogative in several particulars . as for instance , to prevent all forestalling and ingrossing . so mr. attorney did well observe , that numbers of people could not meet to traffick or merchandize without being in danger of being punished as unlawful assemblies , the crown therefore granted the liberties of fairs and markets for the sake of commerce and trade ; all which did originally proceed from the crown , and therefore by abusing those liberties may still be forfeited to the crown ; and passing by all other instances , i shall only instance one taken notice of in our books , which well considered may go a great way in the case at the bar ▪ register , fol. . the king grants to the abbot of westminster and his successours , that they should hold a fair at westminster thirty odd days together , with a prohibition that no man should buy or fell within seven miles of that fair during that time , and the king does there command the sheriffs of london by his writ to seize the body of an inhabitant of salisbury for selling cloaths in london within the time of the fair : now here is a charter granted to a particular person exclusive of others , for a time subject to more objections than the charter now in question , yet approved of by our books . hence it came that corporations were erected , and trade confined to places and persons exclusive of others ; for all such came originally from the crown , and as i said before in the case of fai●s , so i may now say in the case of corporations , that though they claim liberties and privileges by prescription : yet these originally proceeded from the crown , and are therefore forfeitable to the crown , an eminent instance hereof is that great case of the city of london for abusing their liberties , which they claimed by prescription confirmed by divers charters and acts of parliament by judgment of this court , their liberties and franchises were seized into the king's hands , and therefore remain as a vill to all intents and purposes till his majesty shall be pleased of his bounty to restore them . now that the inland traffick is most concerned either in corporations , markets or fairs which all proceeds from the crown , does plainly evince that the king's prerogative has a more immediate influence over dealings in merchandizes than it has over other mechanick crafts and mysteries ; and that as mr. attorney did well observe to prevent frauds , deceits and other abuses either in weight , measures , or otherwise , which would certainly interrupt such commerce ; but our law goes yet a step further , and allows further difference between inland merchandize and forein , and allows a different way of determining controversies that arise thereupon , the common law and statutes of this realm allowing the law-merchant , which is part of the law of nations , should decide such controversies to . decimo tertio h. . fol. . a complaint made to the king and council of some goods taken away from a merchant ; it was moved in that case , that the matter might be determined at the common law , but the lord chancellour said , that the suit being brought by a merchant who is not bound to sue according to the common law to have his cause tried by twelve men , and to observe the other solemnities of our law , but shall sue in chancery according to the law of nature , which is the universal law of the world. and it is in that case agreed by all the judges , that if forein merchandize were stoln or waived , they could not be seized as other england merchandizes might be by the rules of the common law , as waifs and strays , which shews plainly there is a difference in the consideration of our law between forein merchandizes that cross the seas , and other inland goods and commodities . if two merchants be partners in merchandizes , one shall have an action of accompt against the other secundum legem mercatoriam , says the register , fol. . and f. n. b. . d. and yet by the rule of the common law , if two men be jointly possessed of other goods which are no merchandize , the one cannot bring an action of accompt against the other , if one of the merchants dies , the executor may bring his accompt against the surviver for his moiety . reg. . f. n. b. . but if it were a copartnership for other goods , it would survive per jus accrescendi according to the rules of the common-law . in an action of debt upon a simple contract , the defendant may wage his law , but it is otherwise in a contract about merchandize in lanes's reports , bates's case agreed , reg. . a. at common law , the goods of ecclesiastical persons were excused from toll ; but says the writ dum tamen merchandizas aliquas non exercitat de iisdem , it shews that then they fall under another consideration ; if one man wrongs another man of his goods , here an action of trespass will lie ; but if a merchants goods be taken upon or beyond the seas , there must be a writ of reprizal to obtain satisfaction , the parliament roll , ed. . m. . in archivis turris londini , where the bayliffs of southampton are commanded by writ , quod omnes mercatores leodienses ad partes angliae accidentes per bona & catalla sua distringantur secundum legem mercatoriam & consuetudinem regni ad satisfaciendum mercatoribus florentinis , &c. where by the way observe , that lex mercatoria , which differs from the ordinary common law , is said to be consuetudo regni angliae , by which we may observe , that forein merchandizes and traders differ from others in the eye of law , even by the allowance of the common law it self . several acts of parliament have been also made for the more speedy recovery of debts contracted for merchandizes , as the statute of action burnel , the statute de mercatoribus , and the statute vicesimo septimo , ed. . cap. . amongst other things it is enacted , that for merchandizes taken away , the party shall be arrested , and speedy and ready process shall be against him from day to day , and from hour to hour according to the law-merchant , and not at the common law. so the statute for erecting the court of ensurance designed for the speedy ease of merchants , has left the determination according to the law of merchants , and therefore hath ordered the judg of the admiralty's court always to preside in those commissions : by all which i think i may fairly conclude there is a great difference allowed of between the inland and forein commerce ; and that , ii. i shall endeavour to prove that the liberty of forein trade may be restrained . and here i must premise , that as at first all things were promiscuously common and undivided to all , so the free exercise of this universal right was then instead of property ; but as soon as the number of men increased , and they found by experience the inconveniency of holding all things in common , things were reduced into property by agreement and compact , either express as by partition , or implied by primier occupancy . after this government was established , and laws were made even for the ordering those things to which no man had any right . as for example , deserts , places uninhabited , islands in the seas , wild beasts , fishes and birds , the former were usually gained and disposed of by him that had the sovereignty over the people ; the latter by him that had the dominion over the lands and waters , who might forbid all others from hunting , fishing , &c. and in vertue of this universal law , his majesty and his predecessors have always disposed of the several plantations abroad that have been discovered or gained by any of their subjects , and may do for the future in case any other be discovered and acquired . for tho the laws of nations can command nothing which the law of nature forbids : yet they may bound and circumscribe that which the law of nature leaves free , and forbid that which naturally may be lawful . now to apply this to our present purpose of trade and commerce , mr. williams quoted that common saying , commercia debent esse libera , from whence he infers , that by the law of nature and nations , the sea and trade , and traffick ought to be free as the air , and for that he has cited grotius de jure belli ac pacis , cap. . wellwoods abridgment of sea-laws , in his epistle to the lord admiral ; grotius de mari libero , where he says , mare & littora maris jure gentium sunt communia . britton , cap. . de perchase le mere & le air sunt thores common . sir john burrough his sovereignty of the seas . baldus de rerum dominiis . but i think none of those books can warrant his conclusion , for surely that expression commercia sunt libera , cannot possibly be understood in such a literal sense , that every man in every nation should be at liberty to trade either in what commodities , or to what place or at what time soever he shall think fit ; for i took it to be granted by all that argued for the defendants , that trade and commerce must be subject to some laws ; and grotius in his book de mari libero , proposes this main design to prove , that any one nation had not power to hinder another nation from free commerce , and that the spaniards therefore had no right to prohibit the dutch from trading into such part of indies whereof the spaniards were not possessed , upon pretence that they had the dominion of those seas , inter nos & hispanos , says he , heac controversia est , sitne immensum & vastum mare regni unius nec maritimi accessio ? populóne unquam jus sit volentes populos prohibere ne vendant , ne permutent , ne denique commeent inter sese ; and for the benefit of his countrymen he doth therefore assert , licere cuivis genti quamvis alteram adire cumque ea negotiare , which , taking that to be true which by the law of nations is certainly otherwise : yet nothing can be inferred from thence but onely the question of commerce between one nation and another , and how that was before leagues and treaties were made , little may perhaps be found , as mr. attorney well observed , besides the laws of hospitality , which do not give any demandable right ; but surely grotius there hath no particular respect to particular subjects of this or any other nation , how far the supream power of any nation may erect a society of trade to a certain place , and for certain commodities exclusive of all other subjects of their own . and that plainly appears both from the scope of his book , as also for that for several years both before and at the time of publishing that treatise , the dutch east-india company was established , which i shall have farther occasion to discourse of by and by . as for welwood's epistle , i have seldom observed that epistles have been cited in westminster-hall as authorities : yet supposing it to be so , that all loyal subjects shall have their petition granted to safety and security in their trade ; i suppose welwood little dreamt of interlopers , when he talked of loyal subjects , if it can be meant only of such who may trade by law , that is , to beg the question in respect of the plaintiff and defendant : as to that of britton that the sea is common , it is answered , by what hath been said before . and vvelwood page . says that by commune or publicum is meant a thing common for the use of any one sort of people , according to that saying , roma communis patria est , but not for all of all nations ; vvelwood page . that passage of burrough is only observed to prove the kings prerogative within the four seas . and though mr. vvilliams would have insinuated , as the sturgeons and other great fish and wrecks and the like had come to the king by the statute of the . e. . c. . that act was but a declaration of the common law , for he had it by the right of his prerogative , plowden's commentaries in the case of mines , cook . sir henry constable's case ; these things were vested in the king by his prerogative by the common law , yet i cannot but observe that the treatise of mare liberum on which mr. williams so much relyed , was craftily writ to overthrow the king's prerogative in that beneficial part thereof , relating to the fishing on the english coasts ; and contains a plain proclamation for all persons of any nation indifferently to fish in all kinds of seas , for says cap. . fol. . quae autem navigationis eadem piscatus habenda est ratio , ut communis maneat omnibus ; and herein though mr. vvilliams intends to make good the premisses ; i presume that mr. pollexfen that argued on the same side , has a greater concern for his friends in the west than to join with him to make good that conclusion . and before i go off from this point , i think it not amiss , the better to clear the way to my conclusions , to give some instances wherein other nations as well as our own , have not onely thought it legal , but necessary for their several publick advantages to put restrictions upon trade , and did not think it injurious to natural equity , and the freedom of mankind so much discoursed of on the other side . to give some few instances : videmus jura commerciorum , says bodin de repub. lib. . chap. . non solum omnibus populorum principumque inter se conventis , verumetiam singularum statutis , &c. and after he has enumerated the compacts for trade between the pope and the venetians , between the citizens of the hantz towns , and the kings of england , france , spain , and several other countreys : illi , says he , inter se commercium multis modis personarum , mercium , locorum , temporum atque omni aliâ ratione coarctarunt . so is marguardus , fol. . and buchanan in his th book de rebus scotiae , and in all countreys the importation and exportation of some commodities , are prohibited , as salt from france , horses from other countreys , wool from hence . in whomsoever that power of restraint does remain the power of licensing some and restraining of others surely does also remain by parity of reason ; but of that more by and by : and as mr. attorney did truly observe upon perusal of the statutes that are now in print relating to trade , the parliaments have in all ages even to this kings reign since his restauration , thought fit to make more laws to prohibit forein trade than to encrease it , as looking upon it more advantageous to the common-weal . and thus having observed that other nations as well as we have not onely thought it legal , but necessary to make laws for the restraint of trade , and thereby thought they did no injustice to the liberty of mankind , iii. i proceed to the next step. i shall therefore thirdly , endeavour to prove that forein trade and commerce being introduced by the laws of nations , ought to be governed and judged according to those laws , and i do not know of any statute or book of the common law now in print that doth oppose this assertion , cokes . inst. fol. . in the margin cited by the defendants councel at the bar ; commercium , says he , jure gentium esse debet ; nay , it is the express text of the law , ex jure gentium commercia sunt instituta , which being laid down as undeniably true , and so admitted to be by the defendants councel ; i would infer from thence , since commerce and traffick are founded upon the law of nations by the natural reasons of things , all controversies arising about the same , should be determined by the same laws , especially where there is no positive and express law in that countrey where such controversies do arise to determine them by . and mr. williams seems to allow , that these are no such laws in this kingdom , for he thinks that the controversie now before us is not to be decided , but by parliament . all other nations have governed themselves by this principle , and upon this ground stands the court of admiralty in this kingdom , viz. that there might be uniform judgments given there to all other nations in the world in causes relating to commerce , navigation , and the like ; and in as much as the common and statute laws of this realm , are too straight and narrow to govern and decide differences arising about foreign commerce , and can never be thought to bear any sort of proportion to the universal law of all nations , as the interests of all foreign trade , do necessitate them to contend for : it will become us that are judges in westminster-hall , for the better determining this case , to observe the methods used by our predecessors in determining such like causes , and take notice of the law of nations . the common law , by the several authorities i cited before , takes notice of the law-merchant , and as the book of ed. . before cited , says it is part of the law of nations , and leaves the determination to be according to that law , the several acts of parliament i before cited , make a particular provision , that matters of this nature should be determined according to the law-merchant , which is part of the law of nature and nations , and is universal , and one and the same in all countries in the world , and therefore cicero speaking of this law , says , non erit alia lex romae , alia athenis , alia nunc , alia post hac , sed & inter omnes gentes & omni tempore una eademque lex obtinebit ; and i the rather thought my self obliged more industriously to search into the law of nations , the better to enable me to give judgment in this case , the consequence whereof will affect the king's subjects in all parts of the world , and i was minded thereof particularly , by my lord chief baron flemming , in the giving judgment in the great case of bates about the imposition upon currants , lane fol. . and does not only affirm it as necessary , but the common practices of all judges in all ages . do not we leave the determination of ecclesiastical causes to be decided according to the ecclesiastical laws , foreign matters , matters of navigation , leagues , truces , embassies , nay , even in the case at the bar , the stopping of the defendants ship by an admiralty process , was left by the opinion of all this court , and afterwards by the courts of common-pleas and exchequer , to be decided in the admiralty , and by virtue of a process out of that court , his ship is detained to this day ; and as i said , that court proceeds according to the law of nations , and the matters before specified , are not to be controled by the rules of the common law. and if customs make a law , then the custom of nations is surely the law of nations , which brings me to my next particular , which is the main thing upon which this cause will turn . therefore , thly , i conceive , that both by the laws of nations , and by the common law of england , the regulation , restraint and government of foreign trade and commerce , is reckoned inter jura regalia , i. e. is in the power of the king , and 't is his undoubted prerogative , and is not abridged or controled by any act of parliament now in force . this question is not concerning the consequences of this power , or any inconveniences that may happen thereupon , because upon inconveniences arising , the king is to be supplicated to redress them , which i shall farther take notice of , when i come to answer the particular objections made against this grant. commerciorum jura sunt privilegiata ac non nisi iis concessa qui exercendorum mercatorum licentiam principis indultu & authoritate meruerunt , is the very express text of the civil law , and so is carpzovires , const. n. . bodinus de republica , lib. . cap. . says quae tametsi jure gentium esse videantur prohibere tametsi saepe á principibus videmus , and in cap. . quoted by mr. attorney , that the laws of commerce are contained in the particular compacts and agreements of people and princes . so salmasius pag. . mercatura est res indifferens in qua magistratus vel in vetando vel permittendo suam pro commodo reipublicae potest imponere authoritatem . so carpzovires , a famous german lawyer in his decisions lib. decis . . n. . & . exempla haud rara sunt ubi privilegio & edicto principis commercia ad certas personas certave loca restringere videmus ; these rules and principles asserted to be the laws of nations , agree with the principles of our laws ; mr. attorney in his argument in this cause cited many records and presidents to make good this assertion , which i think he did with great clearness : i therefore will content my self with as few of them as i can , and only remind you of such as i think absolutely necessary to make good my assertion , which i will do by these steps . i conceive the king had an absolute power to forbid foreigners , whether merchants or others , from coming within his dominions , both in times of war and in times of peace , according to his royal will and pleasure , and therefore gave safe conducts to merchants strangers to come in in all ages , and at his pleasure commanded them out again by his proclamation or order of council , of which there is no kings reign without many instances ; and the statute of magna charta , chap. . so much insisted upon by the defendants councel , is but a general safe conduct ; omnes mercatores nisi publice ante prohibiti fuerint habeant salvum & securum conductum , &c. where by the way i must observe , that mercatores , says my lord cook , in his comment upon the chapter , is only intended of merchants strangers , for i cannot find , that in those days any of the subjects of this kingdom did apply themselves to foreign trade , or at least the trade was not so considerable , as to be taken notice of in any book or record that i can meet with ; and before the making of that statute , my lord coke . institut . fol. . does agree , that the king might and did prohibit strangers at his pleasure : but he conceives , and with great respect be it spoken to his memory ; i think , without any colour of reason , would make these words , nisi publice prohibeantur , to intend only a prohibition by parliament ; and his reason is , for that it concerns the whole realm : now did the coming in of strangers concern the realm , after the making of the act , more than it did before ? surely no. doth not the power of making war and peace absolutely belong to the king by his prerogative ? and is not that of publick concern to the kingdom ? and is not the prohibition of strangers , a natural dependant upon that prerogative ? if the word publice there had been out , there had been no colour for that conceit , and surely the king's proclamation will make the matter as publick as an act of parliament can do ; nay , and i may say , more , for acts of parliament anciently were made publick by proclamation ; for in our books we have many instances of writs directed to sheriffs of counties , to cause acts of parliament to be published by proclamation , and so was the constant and ancient usage ; and it is not more natural for strangers that are abroad to take notice of the king 's publick edicts , which is known to be of great importance in all countries , more than they would of an act of parliament , that affects the king 's own dominions only ; besides it appears more impertinent , if you turn those words into a proviso , and then it will amount to no more in plain english than this , provided , that this law shall continue , except it be hereafter repealed , which surely would be very ridiculous . mr. attorney and mr. sollicitor , both in their arguments , quoted several records and precedents , where the king in all times after the making of that act , did prohibit strangers from coming in , and did command them out when they were here at pleasure ; i shall not trouble you with the repetition of the records , for they were many : nay , the king , when acts of parliament had prohibited , did grant safe-conduct , and of that sort , in rolls prerogative . you will find several instances , and in the several acts of parliament , cited by mr. attorney , to confirm the king's prerogative , as to safe-conducts it doth appear . syderfyn , fol. . it is said , that the king , by the common law , might prohibit the importation of foreign goods ; and whoever acted against such prohibition , forfeited his ship. the king might prohibit any of his subjects from going beyond the seas at pleasure , and recall them again as he thought fit ; and that , as i have said before , without giving any reason : the books of fitzherbert's n. b. and register before-cited , makes this evident : mr. attorney indeed cited many instances , wherein the kings had made use of their prerogatives , as , ed. . m. . quadragesimo ed. . m. . stat. of r. . cap. . which confirms it , . inst. . vicesimo quinto ed. . m. . with many more ; and indeed , i think , it was not deny'd , but that after a prohibition it was an offence , admitted of by the defendants councel , for any subjects to go beyond the seas ; dyer . and . agrees it . and that is sufficient for the present purpose , there being a prohibition in the charter , in question to all persons that are not there mention'd . what influence the king's prerogative must necessarily have upon foreign trade and commerce , appears by his frequent granting letters of mark and reprizal , these are not allowed of by the law of nature , civil or common law ; for thereby no man is bound by anothers act , without his consent , but by the general consent of nations , humana necessitate exigente . the king only has the power of making leagues and truces with foreign princes , upon which only all foreign trade does depend , and those leagues are made upon such terms and conditions , and under such limitations , as both princes think fit ; many instances to this purpose were also cited by mr. attorney , to which i refer my self , and the differences that arise from merchants beyond the seas , are to be determin'd according to those leagues , and cannot be decided by the municipal laws of this realm , which cannot be put in execution in foreign parts . fourthly , the king is absolutely master of war and peace , which he could not be , in case he had not a power to lay restraint upon his own subjects , in relation to foreign commerce : since eo ipso , that war is proclaimed , all publick commerce is prohibited , and the councel that argu'd for the defendant , admitted , that the king might prohibit his subjects to go or trade beyond the seas in cases of wars or plagues . how strangely preposterous then would it be for a man to imagine , that the king should have an absolute power of war and peace , and yet be deny'd of the means to preserve the one and prevent the other ! is not that therefore the great reason why the king is at so great expence in maintaining ambassadors and envoys in all the trading parts of the world , without which , we should be in a perpetual state of war ? would it not be monstrous , that when the king is entered into league with any sovereign prince in a matter of trade , very advantageous to his people , to have it in the power of any one of his subjects to destroy it ? as for instance , suppose a league between our king and the emperor of morocco , for a trade to tangier , were made upon condition , that no english ship coming there for commerce should be above a hundred tun , and a fleet of merchants ships within that condition , were in port at tangier ; and mr. sands with the same obstinacy , as he seems to appear in this case , should have gone with a ship of above a hundred tun to tangier , that would have been an absolute breach of the league , we should have been immediately in a state of war , the merchants goods and ships absolutely forfeited to the emperor , by the law of nations ; and they and their families thereby undone without any remedy , till mr. sands should be pleased to return into england , and also bring with him an estate sufficient to make them a recompence ; and then also , perhaps , it would be difficult to contrive such an action in our law , to compel mr. sands to do it : besides , the king has no other way , if his ambassadors and ministers in foreign parts cannot prevail , that right should be done to his subjects ; or if mr. sands's interloping ship , and all its cargo , had been wrongfully taken away from him by any foreign prince , but by the king 's declaring of a war , and compelling them to make restitution by force ; the consequence whereof will affect more than foreign traders would be then concern'd , both in their persons and purses , and it would be very hard for all the king's subjects to lie under the burden and charge , and the profits and advantages accrue only to a few ; and here by the way , i think it not improper to take notice of an objection , that was made by the defendant's councel , of the unreasonableness that the king should be entrusted with this prerogative : for as well as he may restrain persons travelling to the indies , he may also restrain them from trading into any other part of the world. the very objection seems to carry an unsavory , as well as an unreasonable mistrust in a subject to his prince ; for as it is a maxim in our law , the king cannot be presumed to do wrong ; and i am sure the constant practice of our present king , has not given us the least umbrage for such diffidence : and i think i may truly say , we are as safe by our princes own natural inclinations , as we can be by any law in this particular ; the king has the absolute power of pardoning all offenders , by his inherent prerogative , which an act of parliament cannot deprive him of ; the case of murther is a full instance of that , nor was that prerogative ever disputed in any age , tho never so troublesome , saving in that single case of the earl of danby , and that without any reason that i could ever hear of : is it therefore to be objected , and presumed , that the king will pardon all the traytors , murtherers and robbers , and other felons , and make use of his prerogative to let all malefactors escape ? the king is the fountain of honour , as well as of justice , and in vertue of that prerogative , may ennoble as many of his subjects as he pleases , and thereby exempt them from arrests , and other common processes of the law , by means whereof men do more speedily recover their just debts , and have redress for injuries . is it therefore to be presumed the king will make such a glut of noblemen , because he may do it ? and as this is against his inclination , so certainly it is against his interest , to make such grants as the defendant's councel seems to fear ; for it is more for the king's benefit than it can be for his subjects , the greater the importation of foreign commodities is , for from thence arise his customs and impositions , those necessary supports of the crown ; and therefore in some sence the king is the only person truly concerned in this question : for this island supported its inhabitants in many ages , without any foreign trade at all , having in it all things necessary for the life of man. terra suis contenta bonis , non indiga mercis , says the poet. and truly , i think , if at this day most of the east-india commodities were absolutely prohibited , tho it might be injurious as to the profit of some few traders , it would not be so to the generality of the inhabitants of this realm . and therefore as i have offered these few instances to prove the king should have such a prerogative , in the next place , i come to shew that the kings of england have exercised this their prerogative in all ages ; and as the king has the power of restraint of foreign trade , so he is the only judge when it is proper to use that power , which seems plainly to be for the same reason : and , i think , mr. williams's remark of the difficulty of this case , that it should necessitate the king to call a parliament to assist him with power to determine this question , is not to be passed by without some observation . god be praised 't is in the king's power to call and dissolve parliaments , when and how he pleases , and he is the only judg of these ardua regni , that he should think fit to consult with the parliament about ; and mr. williams would do well to save himself the trouble of advising the king of what things are fit for him to consult with his parliament about , till such time as he be thereunto called ; but it hath been too much practised at this and other bars in westminster-hall of late years , to captivate the lay gens , by lessening the power of the king , and advancing , i had almost said , the prerogative of the people ; and from hence comes the many mischiefs to the king's subjects in parts abroad , by making the power of the king thought so inconsiderable , as tho he were a mere duke of venice , being absolutely dependent upon his parliament . would it not be mightily for the honour and dignity of the crown of england , think ye , that the emperor of fez and morocco , or any prince of the remote parts of the world should be told , that mr. sands one of the king of great britains subjects came into the emperour's territories against his prince's consent , and that he had no power to hinder him , unless he would consult with all his nobles and the representatives of all his common subjects to assist therein ? would not the emperour believe sands to be the greater prince of the two ? but though such sort of declamations are so much for the service of the crown , and for the honour of the kingdom as they would have it believed ; yet i think they have the same tendency of duty and service to the king , with some other matters that of late have happened amongst us , viz. some have been so concerned as well for the safety and security of his majesties sacred person , and to make him formidable to his rebellious subjects at home , as to desire that his guards might be discharged , because it looked as tho he designed to rule by a standing army , and to shew their tenderness to his sacred life , would have him removed from the assistance of evil counsellours , as they called them , and put himself into the hands of assassinates , as though one murdered prince were not sufficient to satisfie that piece of state-policy , in one and the same age ; and in order that he might have sufficient to support the necessity as well as dignity of a crown , which all good subjects are zealous for ; some of late have industriously endeavoured to have prevented him from being able to borrow any money upon the credit of any part of his revenue ; a priviledg that the meanest of the persons concerned in that question , would think themselves highly injured to be debarred of : these and the like attempts if not prevented , will render the king and his government low and despicable in all other parts of the world : and as for the instance between a denizen and a man naturalized , i think it rather makes against , than for mr. williams's conclusion , as to the main question ; for though the king cannot naturalize a man , and thereby give him inheritable bloud as a natural born subject to inherit lands : yet he may make an alien a denizen , and by that means he becomes to have as much priviledg as any of the king 's natural subjects hath , as to trade and commerce , which is the onely question now before us ; and i cannot help being of opinion , that this kingdom was in greater regard abroad , and the inhabitants thereof more prosperous at home , when the prerogative of the crown was more absolute than now it is ; therefore it is our duty as good judges as well as good subjects , to endeavour to support it as much as we can by law. and so i proceed to mention some presidents and authorities , whereby the kings of england have in all ages exercised this part of their prerogative of restraining , disposing and ordering matters of commerce and forein trade by royal licences , charters and dispensations . and herein i shall content my self with as much brevity as i can , onely in producing some few of those many instances , which were with great care and industry found out by mr. attorney , and mr. sollicitor , and by them so learnedly and properly applied to the case in question . i. therefore it has been well observed , that the staples which were the common and publick marts for all merchants to resort to , were first erected by the king's prerogative without any act of parliament , as it doth plainly appear by the several acts of parliament mentioned at the bar , either for setting the places , or enlarging the commodities that were permitted to be brought to the staple ; for surely in all times when the staple was fixed in the dominions of any other prince , that must be done by league , which none can make but the king. to instance one authority for all ; the stat. ed. . cap. . expresly says , it is enacted , that the staples beyond the seas , and on this side , ordained by kings in time past , &c. mr. attorney and mr. sollicitor cited several records and other acts of parliaments , that allow this to be the king's prerogative absolutely , which i shall onely name , they having opened the particulars at large , viz. vicesimo e . plac. parl. rolls : abrid . fol. . . octavo e . numero . e. . cap. . . e. . cap. . . e. . n. . prim. r. . n. . with many more , which did not onely licence merchants to repair to their several staples , but prohibited them from carrying their staple commodities to any other places ; and the several acts of parliaments made touching the staple , onely inflicted greater forfeitures upon the persons offending , more than the king by his prerogative did inflict , but neither added to , or diminished any part of the power of the crown : the truth whereof will also farther appear by the consent of the parliament , plainly declared in several statutes following , viz. hen. . cap. . hen. . cap. . hen. . cap. , and . by which and several other instances , both by mr. sollicitor and mr. attorney , i do conceive it does plainly appear that the statute of of ed. . cap. . nono l. . cap. . decimo quarto ed. . cap. . the stat. of decimo quinto , ed. . mentioned in the defendants plea , decimo . ed. . cap. . which the defendants councel have so much insisted upon for the opening the liberty of trade , onely concerned merchants of the staples , and by the acts of parliaments made relating to that trade , since particularly mentioned by mr. attorney stand now repealed . and tho the place of the staple as well as the commodities were ascertained by acts of parliaments ; yet the king granted to merchants licences to trade elswhere , which prerogative is allowed of by acts of parliaments , and other authorities in our books : for instance , amongst many others , the stat. hen. . . hen. . cap. . hen. . cap. . hen. . cap. . hen. . fol. . a. ed. . fol. . l. e. . . amongst other books make it appear . and as well as the king , before those acts of parliaments mentioned , ordered the merchandizes of the staple , so all other forein trade not taken notice of by acts of parliaments , were begun and absolutely disposed of by the king's prerogative ; for as my lord coke in his comment upon magna charta , cap. . does truly observe , that by mercatores , there onely is meant merchant-strangers ; for as i said , i do not find that any of the subjects of this king meddled in forein trade in many years after the making of that act : the first instance i meet with , is in malin's lex mercatoria , fol. . of the society of merchants which is the staples adventurers , made by a grant from king edw. iii. and were called the brotherhood of st. thomas a becket of canterbury till the time of hen. . who confirmed their charter , but changed their name to that of merchant-adventurers , by which name they continued a corporation . ● and that the king did shut and open forein trade at his pleasure , by many instances mentioned by mr. attorney and mr sollicitor , does farther appear , hen. . memb . . e. . pars secunda memb . . hen. . n. . rolls prerogative . and . before-cited , primo hen. . . decimo octavo hen. . n. . and the stat. of hen . cap. . which i have caused to be searched ; and in plowden's commentaries in the great case of mines-royal , it is set down as a rule that antient charters and grants of the crown are the best evidences of the prerogative . phil. and mary erected the corporation of russia merchants by charter , with a prohibition to others with the like conditions within mentioned in the charter at the bar , and was afterwards approved of in parliament , in eliz. and the forfeiture mentioned in the letters patents made more effectual ; and as mr. attorney did truly observe , that when callis was taken , and thereby the staples unsetled , queen eliz. thought according to the president of the russia and other companies , it was most advantageous for the carrying on of trade and forein commerce to erect societies and corporations , which was well approved of in those times , and so has continued ever since undisturbed until this present question , which i shall more particularly insist upon when i come to discourse of the next head. and here by the way i shall onely remember , that there were many records and books cited by the councel at the bar , to prove the difference between alien enemies and alien armies , and how these infidels are in law look'd upon as perpetual enemies , and the many cases that were cited about the jews and others i think will not be necessary to be farther insisted upon ; for i conceive they do not concern the question that is now before us : for were not the charter now in question in being , it would be worth while for mr. sands to consider how far he might be obnoxious to punishment for trading with infidels , who are in law called perpetui inimici , and therefore i conceive it is as penal for any of the king's subjects to trade with infidels who are alien enemies without a royal licence , as it is to trade with alien armies contrary to a royal prohibition : and i cannot conjecture how he will avoid this rock , notwithstanding his pretended skill in navigation , without making use of this charter as a safe-conduct to him by implication , though he seems here so much to struggle against , and how far that would prevail for his benefit may be also considered . but as i said before , iv. the true question is , whether this be a good grant to the plaintiffs of a sole trade to the indies , were the inhabitants thereof christians or infidels exclusive of others , be good or not , is the true question , and therefore i proceed to the next step , that though unlawful engrossing and monopolies are prohibited by the laws of this and of other nations , yet i do conceive that the charter now in question of a sole trade exclusive of others , is no such unlawful engrossing or monopoly , but is supported and encouraged as conducing to publick benefit by the law , practice and usage of this and other countreys : and herein by the way , though the word monopoly or engrossing generally spoken of are odious in the eye of our law , yet some engrossings , and so some monopolies are allowed of in our books , and so i desire to be understood , when i say a lawful or unlawful monopoly , or a lawful or unlawful engrossing ; and in as much as this is the great , and as i think , the onely objection that either hath or can be made against the present charter ; i shall be the more particular in giving my opinion therein , with the reasons aud authorities that have induced me thereunto . i premise onely this , that in all those countreys where societies of trade are erected by the supreme power exclusive of all others ; as the case at the bar , monopolies are forbidden , and are as severely punished by their laws as they can be by the common and statute-laws of england , viz. in holland , germany , france , spain , &c. and so where ever the civil law prevails , monopolies are punished with confiscation of goods and banishment , c. de monopoliis & cens. forens . part . . fol. . now though monopolies are forbidden , yet that cannot be understood to be so universally true ( as no general law can ever be ) that it should in no respect and upon no occasion or emergency whatsoever admit of any exception or limitation . the exceptions thereof may be such as these : i. though no private persons can have the sole trade to themselves by their own private authority ; yet this may be granted to a publick society by the prerogative of the prince ; if ii. it be upon good cause , and for the publick advantage of the kingdom . iii. from the necessity of beginning and carrying on such trades and forein commerce , which can be onely done by companies and societies . iv. such companies and societies ought to be continued and supported upon the natural equity and justice , that no other persons should be permitted either to reap the profit , or to endanger the loss of what hath been begun and been carried on by them with great hazard and expence . now in as much as forein trade can never be of advantage to this kingdom , except the ballance be kept equal between this and other countreys , which can never be done but by keeping up to proportionable rules , for the regulation thereof with the other countreys : and because as i said before , the municipal laws of this realm seem too scanty for that purpose , i will therefore first consider how this question stands as to the law , of nations ; and then how it is considered by our law , producing authorities in both , to make good my assertion , and because i thought the former more natural and effectual for the decision of this question , made me more inquisitive than otherwise i should have been . cujacius , lib. . obser . . distinguishes inter monopolia licita & illicita . licitum monopolium , says he , est , si certis personis vel quod potius est certo collegio concesserit princeps ut ei soli jus sit vendendi certae mercis ; and therefore recites a law of the emperours theodosius , and valentinian , by which certain governours of commerce were appointed , edictali lege sancita , ut nulli mercatori nisi ad designata loca temporibus praestitutis ad negotiationis suae species distrahendas passim liceret accedere , &c. carpzovires in his decisions before mentioned , lib. . decis . . n. & . makes this no new case ; et certe ( non est novum ) modum commerciis ( quae tamen liberrima esse debent ) poni ex causa nimirum publicae utilitatis vel necessitatis , ex quo monopolia , alias prohibita jure subsistunt . and again , exempla haud rara sunt ubi necessitat , & edicto principis monopolia quandoque probari : commercia ad certas personas & loca restringi videmus . idem decis . . n. . & n. . nimirum exercitium ac permissio monopoliorum à principis arbitrio dependet , &c. scacca de commerci●s . q. . fol. . n. . hoc non procedit in monopolio , autoritate principis sive reipub. contracto . quia sicut monopolia , privatâ autoritate contracta reipub. sunt perniciosa : ita haec , quae legis autoritate , ex justa contrahuntur causa reipub. valde utilia sunt . grotius de j. b. & p. lib. . cap. . sect . . monopolia non omnia cum jure naturae pugnant : nam possunt interdum à summa potestate permitti , justa de causa & pretio . he gives amongst others these two examples . i. from the history of joseph , when he was vice-roy in egypt , which is , says he , an illustrious instance of this matter . ii. that under the romans , the alexandrians had the sole trade for all indian and ethiopick commodities . so thuanus , lib. . gives an instance of a grant from the french king , an , . for the sole trade into canada or new france , for which he gives this reason , ne gravis esset aerario ad sublevandos navigationis illinc institutae sumptus . which i conceive will go a great way in supporting all such trading companies , as cannot be begun but by a publick expence . c. de monopoliis the prohibition is expresly limited , nisi privilegium vel alia consuetudo in utilitatem publicam vergens resistat . mercatura est res indifferens , in qua magistratus , vel in vetando , vel permittendo suam pro commodo reipub. potest interponere autoritatem . salmas . de foen trapezit . fol. . hoc solum permissum est regi ut possit prohibere , ne aliis vendat salem . alciat . in q. inter publica . in fin. f. de verb. sign . as it is at this day practised in france , thuan. lib. . sic in sale vendensi , monopolia etiam hodie in italiâ licite exerceri , è superiorum permissione . scaccha de mercat . part . . n. . sic in reipub. lubecensi , certis quibusdam mercatoribus ob praedictas rationes jus coquendi sacchari , & salis speciali privilegio concessum est . marguard . lib. . c. . n. . and then as to the usage . haec est communissima omnium , nullo prorsus reluctante doctorum sententia , quod jura hujusmodi emporalia & regalia possunt acquiri non modo per concessionem summi principis sed etiam consuetudine & praescriptione . lessius de justitia , lib. . c. . dub. . by the imperial laws , commerce and traffick have received several other limitations ; sometimes the subjects of the empire have been forbidden to trade to certain places particularly named . and in general by other constitutions forbidden to export coin , gold or arms to any of the barbarous nations . and that the law or custom of nations is so , the practice does evince . and first in germany , where the law prohibiteth all monopolies ; yet see how the law there stands in respect of our case . circa monopolia autem , quae exercentur adversus cives , observandum , non esse illicitum , si non cuivis quodvis negotiationis genus exercere conceditur , sed illis duntaxat qui ad idem exercendum juxta instituta civitatis sibi jus quaesiverunt , quemadmodum in rebuspub . europaeis tecta quaedam praestitisse oportet eum , qui mercatorium aut opificium aliquod t●ll●re vult . this as to corporations . as to trading societies , thus : sed & fieri potest , ut à summa potestate societati mercatorum indulgeatur certum genus mercium ex certis locis advehere , exclusis reliquis , cujus privilegii concedendi variae possunt esse causae . i. nam commercia quae ad loca remotissima instituerentur , priusquam rite stabiliantur , magnos requirunt sumptus & ancipiti eventui initio sunt obnoxia ; ergo authoribus talium commerciorum cavendum est , ne quod ab ipsis constitutum magno cum periculo & sumptu sunt , alii gratis intercipiant . ii. ac praeterea ejusmodi societates privilegiatae opibus suis reipub . exigente necessitate , felicius possunt quam singula succurrere . iii. videntur etiam meliori fide commercia tractari , ac majorem copiam mercium hoc modo posse advehi , neque de tot fraudibus & compendiis cogitare necessum habent , quorum lucrum in commune velut aerarium redactum aequalibus portionibus distribuitur . puffendorf de jure naturae & gentium , lib. . fol. . a learned author does more at large describe it . it has been a question sometimes debated , whether the society entred into by the hanse towns were not against law : quippe quod speciem monopolii prae se ferre videtur , ut certis locis merces emant confaederati quae rursus pretio eo , quo volunt , vendant . this is the same objection now made against the charter at the bar. but the answer given was twofold , and will come home to this case . i. that the emperour charles iv. has given his approbation , and made it lawful by his authority . ii. that they had continued in possession of this society so long , that now the length of time ( together with the prince's consent ) removed all doubt whatsoever , carpsovirez de lege regia germanorum , cap. . sect . . and the charter now in question , and other charters of like nature granted by the kings of england , which i shall have occasion to remember by and by , remained undisturbed without the least interruption as long as this society did before this question was stated . and though according to the rules of our laws , such a length of time does not obtain the credit of a prescription ; yet by the law of nations and the practices of all other countries which are only adapted for this purpose , it is otherwise . praescriptio enim tam longi temporis vim legis obtinet , imo tollit omne vitium . praescriptio temporis immemorialis , quae privilegiata est , & ex vitioso etiam titulo dominium & jus tribuit , omnesque solemnitates , etiam extrinsecus , negotio accessisse praesumit tanti temporis antiquitas , num . . n. atque omnem monopolii respectum consuetudo immemorialis vel caesarum approbatio excludit , n. . . quia consuetudo immemorialis caesarum scitu & concessu haec antiqua societas fulcitur omnis monopolii respectus etiam minimus laeserat , marg. lib. . cap. . n. . and as these hanse towns were one of the first corporations of trade , i have read of , so was it thought the interest of england to support and encourage them . i find above ( some say ) towns and cities united their stocks , making lubeck , brunswick , dantzick and cullen , the chief places of their residence ; and so great was their trade and credit under that constitution , that many princes granted them large priviledges , and they kept courts by their deputies and councels at bergen . by the laws of spain , all monopolies are forbidden , and under the same penalties appointed by the civil law : yet there also a right may be acquired to a sole trade , by licence obtained from the king , or by prescription . quinta partida tit. . leg . . membris hoc commercium maritimum exclusis caeteris ad annos concederetur . neque ulla re se magis prodidit imperii odium batavicae nostris diebus , ( deo ita volente ) constituti magnitudo , & felicitas , quam navigationum in indias orientales susceptarum constantia & successus , ad quas ut aerario parceretur societates institutae , cautumque tandem , ut sub unam societatem omnes coirent , quod alioqui experimento constitisset , aromatum pretia ab insulanis ob emptorum frequentiam augeri & cum alii aliis praevertere & lucrum ad se aliorum damno derivare satagerent , ubi concordia maxima est opus , aemulationum & dissidii semina spargi . i come in the next place to make it appear , that as well as the law of nations , and the practice of all other countries , warrants the like grants and restrictions with the case at the bar ; so i conceive this charter of sole trade to the indies , excluding others , is neither opposed by the common law , or prohibited by any act of parliament ; but is supported by both , as will more evidently appear by the practice and constant usage in all times . therefore , tho engrossing be a crime , odious in the law , and punishable ; yet all manner of engrossing is not . therefore in the case of foreign trade , which is only applicable to the case at the bar , it was resolved by all the judges of england , . instit. . that merchants may buy beyond sea in gross , and sell here again in gross also ; i say , that all monopolies are not unlawful . generally speaking they are , and therefore i will admit the description of an unlawful monopoly , made by my lord cook , . instit. . a monopoly , is an institution or allowance by the king , by his grant , commission or otherwise , to any person or persons , bodies politick or corporate , of or for the sole buying , selling , making , working , or using any thing whereby any person or persons , bodies politick or corporate , are sought to be restrained of any freedom or liberty they had before , or hindred in their lawful trade . now if the subjects of england had not before this grant , a freedom and liberty to trade to the indies , against the king's royal pleasure , the charter at the bar will be no monopoly within that rule . now that they had no such liberty , hath been sufficiently proved by the several prohibitions mentioned before , and the many more instances thereof cited by mr. attorney and mr. sollicitor ; and it would be very strange , that the king might prohibit foreigners from coming here into england , and not prohibit his own subjects from going into foreign countries . and it is not denied , but if the king should proclaim a war with the indians , that then it would be a prohibition to all his subjects to have any commerce with them ; nay , and he might continue that war as long as he pleases , and by that means all his subjects would be as well prevented of any of the commodities of that country : and also of exporting any of our commodities thither : so that surely this charter , with these restrictions , is much better than a total exclusion ; and therefore foreign trade is not like our home trade , to which the word monopolies is properly applicable ; for that cannot be totally excluded for any time , tho never so small by any act of prerogative . object . ay but , say the defendant's councel , tho the king can by his prerogative , prohibit all trade to any country upon such great emergencies as war and plague , &c. yet to grant liberty to some , and exclude others , that makes the grant at the bar be thought a monopoly , which is still begging the question ; for if the king by his prerogative , have the power of restraining and disposing foreign trade , where acts of parliament have not interposed , as by the presidents already cited i conceive clearly he has as inherent to his crown , and therefore , as he may restrain all , so he may restrain any part by the same parity of reason . if the king proclaims a war with any country , which is a general prohibition of trade , and should order , that john a styles , or a dozen or any greater number of his subjects , &c. and give them instructions to treat for a peace , and the persons so appointed should carry on a trade , would not mr. sands , do you think , have as much reason to murmur , that he was none of those ambassadors , as he has now by being not comprized within the charters ? and would it not be thought an arrogancy and sauciness in him to demand an account of the instruction given by the king to such ambassadors ? or durst he trade there till a peace were proclaimed with that country ? and the gloss upon that law says mercatores non faciant inter monopolium de re non vendenda nisi pro certo pretio , vel de non exercendo officium nisi per eos recipiatur officiales & socios : possunt tamen haec facere cum consensu & scientia regis & contra facientes perpetuo exulabunt , & eorum bona regi applicantur . ex privilegio ergo regis possunt similiter & consuetudine vel praescriptione , quia quod privilegio acquiritur , etiam praescriptione acquiri potest . and there quotes ubi dicitur , quod potest concedi privilegium ; quod quis solus piscetur in certa parte maris , & aliàs potest prohibere . . in france monopolies are prohibited also , sub poena confiscationis corporis & bonorum indict . const. fr. . art. . notwithstanding which , there are established several corporations for trade , i will name but two , anno . the french king makes a grant of the sole fishery in his dominions to a society , excluding others upon pain that interlopers should incur the penalty de confiscation des vaisseaux & merchantdizes & de dix mille livres d' amendes . aytz. vol. . pag. . and in the year . the east-india company by his declaration , with an exclusion to all others , like our east-india company p. , . in the vnited provinces , the laws against monopolies are the same , yet there always were several trading corporations exclusive of all others , june . in the charter of the dutch west-india company , it is granted thus ; and in case any one shall go to or negotiate in any of the aforesaid places granted to this company , without consent of the said company , it shall be upon pain and forfeiture of such ship and goods , as shall be found to trade in those coasts and places , which being presently and on all sides on the behalf of the said company set upon , taken , and as forfeited , shall be and remain to the use of the said company . aytz. vol. . p. . sess. . and in case such ships or goods be sold , or fly into lands or havens , the riggers and part-owners thereof shall and may be distrained to the value of the said ships and goods . that the aforesaid company shall within the said limits make governors , officers of war and justice ; and for the other necessary services for the preservation of the places , and maintaining of good order , policy and justice , and the advancement of their trade , shall appoint , dispose and displace , and substitute others in their places , as they shall find their affairs do require . all ships coming to any place where the company have their garison and government , shall not transport thence any men , goods or money , without leave and consent of the councel , upon the pain and forfeiture of six months wages , &c. in the grant to the dutch india company , . mar. . that no body , of what quality or condition soever , shall , for the space of twenty one years pass eastwards of the cape of good hope , upon forfeiture of ships and goods . aytz. . vol. fol. . that the said company may appoint governours and offices of war and justice , and for other necessary services , for the preservation of their places and maintenance of good order , policy and justice . the said officers to take the oath of supremacy to the states general , and of fidelity , as to what concerns trade and traffick to the company . and afterwards , the th of sept. . a placaet was published , that no body , directly or indirectly , shall pass or trade beyond the cape of good hope , upon pain of death and forfeiture of their ships or goods , which shall be found to have done or to do so . and tho they should absent themselves out of the vnited provinces , yet the sentence shall go on and be decreed and executed , with the present confiscation , and selling of their goods , actions and credits . idem page . and surely the dutch have been always by us esteemed as our greatest and most dangerous rivals in trade . and as for the reason and necessity of establishing this way of trading by companies , see the judgment of thuanus , lib. hist. . & . where making mention of the east-indies , he saith thus : diversis itineribus hujus regionis incolarumque ingeniis cognitis tanta frequentiâ à privatis haec ipsa navigatio & commercium exercitum fuit ut alter alterum fere ivisset perditum . ad obviandum itaque huic malo , visum fuit , an. . quibusdam hujus navigationis mercatoribus , praepotentum ordinum consensu certum constituere corpus cujus tantummodo , &c. the indians being infidels are by laws esteemed common enemies , and the opinion of my lord cook in michelboum's case i think therefore to be law , notwithstanding the objections that have been made against it , which none of our books warrant ; now the king by his charter makes the plantiffs as it were his embassadours to concert a● peace , and mr sands murmurs because he is not one of them . the king may grant a fair or market to every subject he has , but because he grants that priviledg to some of his subjects , have the rest any just ground of complaint ; because the king may pardon every offender , but will not pardon any highway-men now in newgate ; must those goal-birds therefore think themselves injured in their liberty and property ? because the king granted to his town of hull , that no other ships should be there freighted for forein parts , till the ships of that town were first freighted , as he did rot. claus. . e. . memb . . did london , dover , or any other town of trade complain ? would any of these gentlemen that contend for this liberty of trade , adventure with their fortunes to algiers , and when they are seized upon by the algierines , tell them we are english-men , and we have by the common law of england , and many statutes of our kingdom , which support the liberty of the subject , a freedom to trade wherever we please ? or would not they rather say , we have a pass from the king of england , and rely upon that which presumes treaties , leagues and truces between princes ; and in case that will not prevail , the king will see them righted : and in the charter that is now before us , there is a particular restriction and limitation of trade to any prince in amity with our king. now as the constant usage and practice of other countries , warrants such societies as these , so does ours too : for as i said , the hanse towns were some of the first corporations of trade that we read of in history ; so was it thought the interest of england to support and encourage them . k. h. iii. gave them great priviledges and the still yards for their residence , which they enjoyed near three hundred years , managing their trade by an alderman and council called the guild of the hanse , engrossing the trade of england for grain , cables , masts , pitch , tar , &c. and under that colour the jacobsons at this day claim several priviledges . it is observed by many historians , that the most flourishing trades have been begun by united stocks and policies . in this kingdom a patent was first obtained for the erecting the staple , from e. . before any act of parliament intermedled in that trade , and proceeded under several regulations till the time of queen eliz. in the book i cited before malyns lex mercatoria , fol. . says , this company of merchants are above four hundred years standing , as that book reckons from . when the said merchants obtained priviledges of john duke of brabant , and were called the brotherhood of st. thomas becket of canterbury , which were confirmed by king e. . h. . h. . e. . h. . r. . h. . who gave them the name of merchant-adventurers , and after him confirmed by h. . e. . q. m. q. eliz. and king james , not without many enemies and opposers , especially , says that book of late , taxing them to be monopolies and unprofitable to the commonwealth , being that all our cloaths are not dressed and dyed in england , yet it still prevailed as being thought for publick good . and its observable , that queen eliz. did not only confirm what was done by her predecessors , but augmented and greatly enlarged the priviledges of this antient company , and confirmed the charter on the muscovy company , granted by philip and mary , and set up several other companies , as that of exeter mentioned at the bar ; the east-india company , the levant and the east-land company . and although that antient and beneficial company of staplers was often opposed by particular persons , and complained of as a monopoly intrenching upon the liberty of the subject in several parliaments in the time of h. . h. . e. . and q. mary ; yet all parties being heard , these complaints were fully answered , and the companies priviledges ratified and enlarged . again , in queen eliz. time , the cloathiers having prevailed against the company , the cloathing countreys were almost quickly ruined and reduced to that extremity , that the eliz. the lords of the council sent for the members of that company , desiring them to reassume their priviledges , and chearfully to proceed in their society , with assurance of all countenance and assistance from the government . and in the reign of king james , after several interlopers had endeavoured to destroy the company , the king published his proclamation to restore the company to its antient priviledges . so did king charles the first . dec. . reciting , whereas we have taken into our princely consideration the manifold benefits that redound to this kingdom ; and finding how much order and government will conduce to the encrease and advancement of the same ; we have thought fit with the advice of our privy councel , &c. there he gives an establishment to the company , and prohibits any to intrudeupon their priviledges , upon pain of such punishments as the star-chamber shall inflict . since this it may be worth consideration , whether the breaking of this company has not occasioned the great decay of our trade in wool : it being agreeable to reason , that as no law can be effectual without courts of justice to put them in execution , nor a stragling army subsist without discipline : so a stragling trade managed by particular persons , whilst every one strives to advance his own private interest , will ruine the trade in general , especially such a hazardous trade as this to the east-indies , which already hath been so chargeable , and can onely be prevented by the conduct and government of a publick society : and surely to look after and settle these matters , properly belongs to the care and prudence of our governours . now i shall observe how the practice has been both in qeen elizabeths time and ever since , and that although many charters like ours at the bar have been granted , and none ever demanded by any judgment in westminster-hall , or so much as objected against , save onely that of the canary patent , till this cause at the bar , and tho several attempts have been made both in parliament and in the courts at westminster-hall against monopolies ; yet this charter and others of the like nature were never look'd upon under that character : for instance . i. a charter was granted . of eliz. to the merchants of exeter for the sole trade of france , excluding all other merchants of exeter not of that company , continued undisturbed , and prevailed against a great opposition that was made against it in parliament . king edward vi. and king philip and mary , having granted a charter like ours to the russia company , which continued in peace till the . of the queen , when the parliament taking notice of that patent , thought fit to confirm it with all the commendations imaginable , and was so far from thinking it a monopoly , that it says , the commonwealth before that time had received great advantages by it , and grants , and inflicts greater and other penalties than were or could be inflicted by the letters patents : and it is observable , that there were some interlopers upon that trade in those days , and had been liable to the forfeitures inflicted by those letters patents , and were therefore forced to apply themselves to that parliament , and did obtain a special proviso to excuse those forfeitures , which had not that act of parliament been made , they had been liable to , which i take to be an authority full as to the case at the bar. queen elizabeth during her reign granted several charters of the like nature , which pass'd the perusal of her attorney and sollicitor , learned men in our profession . in the beginning of her reign my lord chief baron weston was sollicitor , sir gilbert gerrard attorney general , and pass'd those patents both to the russia and exeter companies : eliz. my lord chief justice popham was attorney , and lord chancellour egerton sollicitor , in whose times some few such charters were also granted like to this at the bar : and then my lord cook was attorney general , and my lord chief baron flemming sollicitor general , who approved thereof ; and it is observable , that in the and of the queen , the parliament took notice of many patents of monopolies , as it appears by the books cited at the bar. townsend's collections and . the parliament seem'd to be as high as ever they were in any age before , and particularly were incensed by those pattents : a list of all were brought in by mr. secretary caecil , that were thought grievous or prejudicial to the commonwealth ; and though there were a catalogue of forty or fifty , amongst whom that of darcy is one ; yet the parliament nor none other complained of any charter granted to corporations , but they continued undisturbed . and by the way 't is not amiss to observe , that darcy's patent was not immediately damned in parliament , but referred to take its fate in westminster-hall ; the great reason that guided that judgment was the restraint that was put upon the home-trade ; and so it appears in more 's reports . and thus stood these charters ; the china charter , the turky company , the barbary company , the guiny company , all charters of sole trade , excluding others , remained in trade during all queen elizabeths time . but in the third year of king james was the first act made for opening a general trade to spain , portugal and france , to all the king's subjects , which could not be done in westminster-hall , as appears by the preamble to that act ; nor does that act call those charters monopolies , or open a free trade to any other parts of the world , but leaves all charters of forein trade , save to spain , portugal and france , to remain as they did before . and in the . jac. cap. . there is notice taken particularly of the charter granted to the exeter merchants of the sole trade to france , and because it was thought to be damned by the general words of that statute d. . yet it is there enacted and declared that the said statute of patents neither did or should dissolve , annihilate , or impeach the said charter , or the said company in any of their priviledges , liberties , or immunities granted unto them by the said charter , any thing contained in that general act to the contrary notwithstanding ; and from this act of parliament . i observe two things : i. that the parliament thought that the charter to exeter for sole trade to france , exclusive of others , was for the publick benefit and weal of that city . ii. that the letters patents were good in law , and did not want the assistance of an act of parliament to support them ; for that act does not confirm those letters patents , but provides onely that the statute . jac. should not by general words be thought to impeach or destroy them . now had the parliament thought the charter void or infirm , they might have confirmed or strengthened it as the russia patent was ; but they concluded , that had it not been for the statute of tertio , the charter was good to all intents and purposes : and this i take to be a full authority in the case at the bar. but to proceed , the greenland patent for sole fishing exclusive of others granted by queen eliz. is held good , rolls part . . fol. . taylor of ipswich his case , and the case of the abbot of westminster , is agreed to be law in darcy's case , moor . by mr. justice doderidge ; and by the way , he gives good advice to all persons that dispute the king's prerogative ; and for the friendship i bear to mr. sands and others that are now in court , and i think need the advice , i shall read the very words of the book , he that hews above his hands chips will fall into his eyes : et qui majestatem serutatur principis opprimetur splendore ejus . in king james's time many grants like ours were made , but particularly in . jac. the patent granted to the east-india company by queen eliz. was the advice of all her council , as well as by my lord hubbard then attorney general , and sir francis bacon sollicitor general , confirmed and allowed , with the same clauses as the charter at the bar , and so remained undisturbed and uninterrupted all king james's reign , and was not thought to be any whit touched or aimed at by the proviso in the statute eliz. cap. . sect . . that act only pointing at the monopoly patents complained of in that parliament of of the queen , which i mentioned before : then comes the statute so much insisted on by the defendants councel , commonly called the statute of monopolies , stat. jac. cap . which certainly doth not at all affect the case at the bar. for first , this charter is not a general grant for the sole buying , selling , making , using of any thing within this realm , which are the very words of the acts : nor does this charter give the east-india company , licence or toleration to do , use , or exercise any thing against the tenour or purport of any law or statute , which are the onely things provided against by that by act. but the parliament then seemed to take the same general care of all such charters as this at the bar , as the parliament did in . jacob. of that particular charter of exeter ; and therefore to the end that those words in the beginning of this act of monopolies might not be thought to extend to charters to corporations for trade ; there is a proviso , sect . . that that act shall not extend to any corporations , companies , or fellowships , &c. erected for the maintenance , enlargement or ordering any trade or merchandize , but leaves the same as they were before that act without any immutation : and it is observable , that the parliament then thought a general saving sufficient to support those charters that were then in being , to corporations for trade and merchandize , but made particular proviso's for the saving of patents for inland commodities , viz. such as salt , gunpowder , ordinance , shot , and the like . so that this company was in full possession of their priviledge of sole trade , exclusive of others , all king james , and k. charles the first his time , till all the prerogatives of the crown were invaded , and the crowned head too was taken off by traytors and rebels , but the providence of god having restored us our king , and reinvested him with all his undoubted prerogatives , as well as restored us to our antient rights and priviledges , and scarce , as i may say , warm in his throne ; but amongst the other considerations that he had for the publick weal of his subjects , he considers the publick advantage of this kingdom arising by trade , and amongst them one of his first thoughts are fix'd upon this company : for the third of april , . he by his letters patents taking notice of the charters of queen elizabeth and king james , granted to the east-india company , and of the injuries that were done to them by the late troubles , with the advice of his council , and approbation of mr. attorney palmer and my lord chancellour finch , he granted and confirmed to them all their priviledges . the th of may in the th of his reign , lord chancellour finch being attorney , and my lord keeper that now is sollicitor , he confirms this charter , and grants to the east-india company other priviledges by an other charter in the th year of his reign ; at which time the lord keeper was attorney , and sir william jones sollicitor : he confirms the former , and grants more priviledges : and in the th year of his reign by the charter now in question , passed with the approbation of the present attorney and sollicitor , men of great ability in their professions , and of whom , were they not present , i should say much more , the charter to this company was confirm'd with additional priviledges . nor has this charter passed only the approbation of his majesty and council since his happy restauration , but the parliament has likewise taken notice of it ; the statute car. . cap. . takes notice of it , to be of great advantage to the publick . the stat. of the th of this king for pole-money , taxes them at twenty shillings for every hundred pound in stock ; in the great case between skinner and the east-india company , the house of commons defended them , even to an eruption between the two houses . mr. jenks and some other linnen-drapers and tradesmen of london , taking the advantage of the heats that too frequently possessed the house of commons of late years , especially against the point of prerogative , did furiously attack the east-india company , but without any success ; and this company was never assaulted in westminster hall till this case at the bar ; i cannot help therefore this observation , that as the king by his charter , takes notice , that the charters granted by queen elizabeth and king james remain uninterrupted till the late rebellion ; so the interlopers against the king's prerogative in this particular , and the horrid conspirators against the king's life in this last hellish conspiracy , first appeared in westminster-hall about the same time . as to the objections i have not yet given answer to , i think they are but few : my lord cokes opinion cited by mr. pollexfen , instit. . where my lord observes new things which with fair pretences prove hurtful to the commonwealth ; and amongst them reckons that new corporations trading into forein parts and at home , which under the fair pretences of order and government , in conclusion tend to the hindrance of trade and traffick , and in the end produce monopolies , does not at all concern the case at the bar ; for this charter that hath continued for one hundred years without any interruption till of late , can neither be thought a new corporation , or hindrance of trade ; and sir edward coke when he was attorney general , and past this charter , was as learned in the law as he was when he published that book , and was turned out of being chief justice , did not think this charter needed that caution . as to the case of the canary patent between horn and ivy , that cannot affect the case at the bar. i. for first , the judgment in that case was given upon the point of pleading , and not upon the validity of the patent . ii. that patent was in perfect opposition to that statute . jac. that opened a free trade to spain , and therefore could not be restrained by the king's letters patents , but there is no such objection to our case . the councel that argued for the defendant seemed to allow the charters to the virginia , turkey , and eastland companies , which are exclusive of others , to be good , because they 're managed by a regulation and not a joint stock , which surely can make no difference ; for it is a grant of a sole trade to them exclusive of others as well as the case at the bar , and it 's as hard to get into the turky company as it is into this , and may be more chargeable : for you cannot be a member of the turkey company , but you must be a freeman of the city of london , and makes you liable to all the great offices of charge in that government , but a freedom of the east-india company may be purchased at a much easier rate ; the members of the east-india company are as visible as those of the turkie : and though it was said , the east-india company were sometimes invisible , yet were the turky company infected with so many interlopers as the east-india company have , they would not appear so glorious and spendid as they now do , and as i heartily wish they may long continue . but the king by this charter has reserved to himself a power to destroy and alter the whole charter , or any part thereof , so as to put it into a way of regulation instead of a joint-stock , in such manner as he shall in his great wisdom think fit ; therefore it becomes us in duty and modesty to wait till we receive his further royal pleasure therein . and whereas it was objected at the bar , because the king cannot lay any imposition upon forein trade , therefore he cannot restrain it : i do not know to what end that objection was made , because it does not affect the question at the bar ; but lest it may obtain the effect that i presume was aimed at , i think not amiss to say , that even at this day there is much more may be said in the maintenance of the king's prerogative in westminster-hall , in that case , than can be offered against his prerogative in this ; but in as much as that and several other objections against the charter proceeded from unreasonable as well as unmannerly mistrusts they have of the crown ; i cannot but remember that his sacred majesty was not so mistrustful of them ; for he since his restauration has bestowed upon his subjects more than all his predecessors , put them all together since the conquest ever did . nay , he in a moment frankly bestowed upon us more than ever he desires he shall be trusted with again ; for by his act of indempnity he bestowed upon his subjects their lives , liberties and estates which were all justly and legally forfeited to him by the late rebellion , the consideration whereof will prevent all fears and jealousies , and promote in all loyal hearts a firm resolution to sacrifice their lives and fortunes , so freely bestowed upon us by him , to maintain the crown and just prerogatives thereof , so that it may have a perpetual continuance in that royal family in a lawful succession , which i heartily pray may be so long as the sun and moon endures . from what hath been said , i hope it doth plainly appear , that since the law of this land and the law of nature and nations , allow the power of making companies to manage traffick , exclusive to all others to be in the prince ; that this is reckoned to be inter jura regalia ; that no act of parliament does restrain this prerogative ; that the practice of all europe has been accordingly ; that particularly such companies have been erected in england , and those companies have been in quiet possession of their priviledges , for such a number of years ; that they have passed the approbation of so many learned men ; that they have been thought for the publick advantage of the nation , by so many kings and princes , with the advice of their council both in and out of parliament ; that all statutes and authorities of law that we can meet with in our books affirm it , and none that i can meet with oppose it . that the east-india company have solely run the hazard , and been at great expences ; in discovering places , erecting forts , and keeping forces , setling factories , and making leagues and treaties abroad , it would be against natural justice and equity ( which no municipal law can take away ) for others to reap the benefit and advantage of all this . especially since all this has been occasioned by an act of the publick , and by the just prerogative of the crown under which they claim . so that now supposing the matter had been doubtful at the beginning ( as yet the contrary is evident ) yet after so many years undisputed , and uniterrupted prerogative of the king , and the possession of the companies pursuant thereunto ; and yet the laws having always been open to any subjects who conceive themselves grieved , that speech which josephus records of king agrippa to those jews , who after many years endeavoured to recover their lost pretence , may be applied to these clamorous interlopers . intempestivum est nunc libertatem concupiscere , olim ne amitteretur certatum oportuit . non amantes libertatis dicendi estis , sed subditi contumaces . and so the romans answered antiochus ( to shew the injustice of his demands ) that he required those cities which his precessor for so many years had never enjoyed . and queen elizabeth pleaded against the king of denmark for the rights of fishing upon the coasts of norway and new-island , that neither his great grandfather , grandfather nor father , had exacted any thing for it , and therefore concluded it to be unjust . cambden eliz , sub anno . so that i conclude the first , and as i conceive the onely point in this case , that letters patents that give licence and liberty to the plaintiffs to exercise the sole trade to the indies within the limits of their grant , exclusive of all others , is a good grant in law. ii. i do conceive that the defendant trading to the indies contrary to this charter , may be punished by information at the suit of the king , and that this action by the plaintiffs is also well brought ; but in as much as i have detained you so long upon the first point , i shall trespass upon your patience but a few words to this . i. therefore , i conceive the plaintiff need not alledg any special damage , no more than the grantee of a fair , market , or any other franchise . ii. the action is brought , and grounded upon the grant of the sole and intire trade , which , as i conceive is a franchise the king may grant , and is like the case of new inventions , upon which letters patents , actions are brought by every days experience , and the prohibiting clause is added onely to make the thing more notorious ; and that interlopers in case they should be prosecuted at the king's suit , should be more inexcusable , and until you can imagine there may be as many east-india companies as there are commoners and school-masters in england , mary's case , cook . can never be thought an objection . as to the objection in the rep. . rolls abridgment , part . . darcy's case , that admitting the grant or disponsation to darcy had been good for the sole importing of forein cards : yet that being onely a dispensation to the stat. of e. . and did only exclude darcy from the penalty of that act , he could not maintian the action ; but if in case that grant had vested an interest , as our grant at the bar does , he might have brought an action , as my lord rolls says in the next paragraph , may be collected out of darcy's case . the case upon patents of new inventions are full authorities in the case at the bar ; and so is that case of the abbot of westminster , re. fol. . wherein upon the grant of the market for thirty days , exclusive of others , is particularly set forth in the action ; and the salisbury man that brought cloth to london , and sold the same contrary to that charter , is prosecuted in an action of trespass upon the case , at the suit of the abbot , and the writ concludes ( supposing the grant good ) in nostri contemptum & praedicti abbatis grave damnum ac fr. & libertatum suarum praedictarum laesionem manifestam , which is an authority full as to this point . upon the whole matter i am of the same opinion with my brothers , and do conceive that that grant to the plaintiffs of the sole trade to the indies , exclusive of others , is a good grant , and that the action is well brought : and therefore let the plaintiff take his judgment . finis . notes, typically marginal, from the original text notes for div a -e roll 's ab. . fo . . commons pray leave to export and import foreign goods at their pleasure , except goods of the staple , notwithstanding any proclamation to the contrary . resp. le roy voet estre advise parson councel . britannia languens: or, a discourse of trade shewing, that the present management of trade in england, is the true reason of the decay of our manufactures, and the late great fall of land-rents; and that the increase of trade, in the method it now stands in, must proportionably decay england. wherein is particularly demonstrated, that the east-india company, as now managed, has already near destroyed our trade in those parts, as well as that with turky, and in short time must necessarily beggar the nation. humbly offered to the consideration of this present parliament. petyt, william, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing p estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) britannia languens: or, a discourse of trade shewing, that the present management of trade in england, is the true reason of the decay of our manufactures, and the late great fall of land-rents; and that the increase of trade, in the method it now stands in, must proportionably decay england. wherein is particularly demonstrated, that the east-india company, as now managed, has already near destroyed our trade in those parts, as well as that with turky, and in short time must necessarily beggar the nation. humbly offered to the consideration of this present parliament. petyt, william, - . [ ], , - , - , [ ] p. printed for richard baldwin, near the black bull in the old-baily, london : . attributed by wing to william petyt. with table of contents and errata at end of text. text appears continuous despite pagination; quire e consists of leaves. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . great britain -- commercial policy -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion britannia languens : or , a discourse of trade , shewing , that the present management of trade in england , is the true reason of the decay of our manufactures , and the late great fall of land-rents ; and that the increase of trade , in the method it now stands in , must proportionably decay england . wherein is particularly demonstrated , that the east-india company , as now managed , has already near destroyed our trade in those parts , as well as that with turky , and in short time must necessarily beggar the nation . humbly offered to the consideration of this present parliament . london : printed for richard baldwin , near the black bull in the old-baily . . to the reader . it is a truth beyond all dispute and controversie , sad experience having too evidently made out the proof and certainty of it , that the trade of england for many years last past , hath been so impolitickly and ill manag'd for the nations good and benefit , that it hath been the true cause of the fall of the value of lands , the decay of farmers , and graziers , and almost the utter ruin and destruction of the choisest and best manufactories of this kingdom ; and the more the trade of the nation shall be enlarged in the methods we now traffick in , the more mischievous and ruinous it must prove to the nation ; and unless some speedy care be taken by wise and prudent laws , to prevent this growing destruction upon us , we shall most insensibly fall to the greatest penury and want perhaps of any nation in europe ; tho this kingdom otherways by its scituation , and the fruitfulness of its soil , and by its brave harbours for shipping , the choisest and cheapest materials for the stanchest manufactories that are used throughout europe ; this kingdom might be improv'd not only to doubling the value of lands , but by advancing our manufactory so , as to command the trade of the known world ; and the design of the ingenious author of this book is , to demonstrate the above assertions , by shewing most unanswerably the fatal mischief that attends this nation , by the methods of trade , that it is at present ingaged in , and giving also the true notions of trade , as to interest and advantage of their majesties , and all their subjects , and that with so much demonstration and clearness , that the author would not have probably toiled in so ingenious inquiries , but that he believed , could he intelligibly make out the truths above , whenever the great assembly of parliament should meet , they would take it into their wise consideration . themselves , as well as the whole kingdom , being concerned in the affairs and interest hereof . the introduction . it hath been the common design and business of individual men in england , as elsewhere , to obtain sufficient revenues in money to the end they may secure themselves from necessities and shifting , and live plentifully ; and yet it may be undeniably and uncomfortably observed , that whilst every one hath eagerly pursued his private interest , a kind of common consumption hath crawled upon us ; since our land-rents are generally much fallen , and our home-commodities sunk from their late price and value ; our poor are vastly increased , and the rest of our people generally more and more feel the want of money ; this disease having grown upon us in times of peace , when no forreigners have exhausted us by war-like depredations , may very justly amuse us ; and the more , when at the same time , we observe that some of our neighbour-nations , lately our equals , or much our inferiors , are become so prodigiously rich and powerful on a sudden , ( i mean the french and dutch : ) certainly these mighty productions must have some great and vigorous causes , which have been very furiously working of later years , and such as have not fallen under common observation : the nations and races of people are the same , and the countries of england , france and holland , stand where they did , they are not removed an inch ; nor do the english seem to have lost their vnderstandings ; they are as cunning in their private contracts as ever , and appear nothing inferior to the french and dutch in most parts of literature ; i question not but that they know all the ancient languages and histories as well , that our academicks are as subtile in all the criticismes of aristotle , that they have travelled as far into the most abstruse parts of his logick , physicks and metaphysicks ; and yet have we still grown poorer and poorer ; so have we excelled in divers necessary parts of learning ; we have had as able , eloquent and eminent lawyers and clergy-men as ever , and as notable physitians , and the nation seems to have grown more learned , and therefore wiser than before , by the late vast increase of these ranks of men . the present disadvantages we are under , are therefore commonly attributed to accidents of divers kinds , as mens present particular fancies dictate , in which the greatest part are contented to rest satisfied without farther enquiry , whilst they have some prospects of gain in the imployments they are severally educated to ; some ascribe the fall of rents to an over-great increase of corn , by the ploughing up of parks ; others to the modern parsimony in house-keeping , the lessening of gentlemens retinues , and leaving off the old laudable custom of plentiful suppers , which they suppose occasions a less consumption of victuals ; others attribute this , and the want of money in the country , to the great resort of people to london , and quarrel at the new buildings , as the hires and receptacles which draw them thither ; others to the banking up of treasures in the coffers of some unknown grandees , church-men , lawyers or citizens , of which they are highly confident , for else , they say , what is become of the money ? then for the late progress and trophies of the french , many look upon them as the meer effects of the despotick or arbitrary power of that monarchy , or of the personal cunning of some men now living in france ; i remember i heard one gentleman say , that the french genius was up , wherewith he gave himself and others good satisfaction : others will have it , that the late enemies of the french wanted valor and conduct , but that if the french had the english to contend with , their glory would soon be laid in the dust : for the dutch , there are those who will argue their riches and populacy ▪ to proceed from the peculiar industry of that nation , and that such an eternal toil is not supportable by any other ; others , to their small expence in diet and habit , others to particular circumstances in the time and manner of their defection from spain ; to their register of titles and contracts , and their cheap and easie decision of law-suits . of all other things we seem to be most secure in the matter of trade ; we have many who taking themselves to be born or intitled to so much a year in land , do consider trade as no otherwise necessary in a nation , than to support younger brothers , and are ready to thrust all publique taxes upon trade , that they may ease the land ; others who pretend to enquire into it , hear the customs are much risen of late years , and then rest satisfied that we have a mightier trade than ever : we have also some merchants and shopkeepers who get estates , and buy land on a suddain , which is lookt upon as an argument of a good trade ; we find their mighty and numerous shops and warehouses , full of goods , and do not hear them complain of trade , or that land is brought to or years purchase , or that they buy at a much abated yearly value . some , indeed , justly apprehending a disease in our trade , by the decay of our home manufactures , and an excess of forreign importations , have judiciously expressed themselves in it ; these nations whilst in embrio , have been ralleured by our modern drolls , in their new manufacture of plays . there are others , who with more design and gravity , tell us , that the notions of improvements of trade , are of a dangerous tendency , because they threaten part of the present jurisdiction of our spiritual courts , and the gain of many offices , by some requisite toleration of conscience , and other mittigations relating to trade , and upon this occasion the same objectors proceed to argue the improvements of trade to be of as bad consequence to the state , by filling the nation with trading-religious dissenters , or by a necessary moderating of the present custom rates : they also insinuate , that we ought not to look for such a perfection of trade under a monarchical government , but to dispose of our selves otherwise as we can ; we have others that say , trade is a misterious thing , and not intelligible in any part of it , without a long apprentiship , and therefore wholly refer themselves to the merchants and private traders ; others that 't is mechanical , and not gentleman ▪ like . but if it fall out that these are all mistaken opinions , if trade alone hath produced the afore-mentioned effects in england , france and holland , if the rise and fall of rents absolutely depend upon it ; if liberty and property be made valuable by trade only , and are not valuable or safe without it ; if a nation may be made strong or weak by the meer different operations of trade ; if the taxing or burthening of trade must reduce all land-revenues , if the easing of trade either in the particular custom-rates , or otherwise , will make the whole revenue of the customs greater , or else much enhance all other publick as well as private revenues ; if a mighty trade be consistent with a monarchical government ? ( where there is property and liberty : ) if it be a false and officious scandal to this form of government , to affirm the contrary , if england of all other nations , be naturally most capable of the advantages of trade , but yet the trade of england of late years hath been consumptive ; if the late policies of our neighbour-nations have rendred our old established methods of trade insufficient , if we have divers late innovated obstructions in our trade , if this hath caused an over-ballance of forreign importations , if our national industry hath been imployed to enrich forreigners , if our own treasures have been exhausted by our own trade , and will soon be swept away in the present course of it , nay , even notwithstanding our late prohibition of french goods , if the objections against the enlarging and bettering of our trade arise from private interests , in contradiction to the publique , or from passion or humour , and if this be intelligible to every man of sense , that will take the pains to enquire into it . then certainly it must follow , that it does much import all english gentlemen , owners of land , and others , who take themselves to be sharers in the national interest to examine the past and present state of our trade , and to seek for a legal regulation of it ; and that all private interests destructive to our trade ought to be relaxed , and given up for the future . private interest is that many headed . monster , i am chiefly to encounter with , in which if any particular person shall take himself to be concerned , i shall desire him to consider , whether his own condition would not be more truly honourable and safe under more open methods of trade ? i shall pray him to look into the nature of meer private interest , which if he do , he must confess it the same principle that leads men into cheats , thefts , and all those other base , mercyless and execrable villanies , which render the actors criminous , and odious by the sufferings and injuries they bring upon others . then if any mans particular way of gain be so prejudicial to trade , as to occasion the continual beggery of thousands of his country-men , is not this more then equally mischievous to so many thousand thefts ? but what if this beggery must unavoidably cause many thousand actual thefts , nay murders and enormities of all kinds , and as it grows more vniversal , must bring the nation into an impotent and indefenseable weakness ? have we any amongst us that will be yet tenacious of such ways of gain ? will they tell us that they are not punishable by any laws in force ? 't is pity they are not . so there was a time when in old rome , there was no direct law against parricide : but that they may no longer shelter themselves under this umbrage , it were highly necessary that laws were made to control them , and to remove all obstructions in our trade . that trade is of this national importance and influence , and that the trade of england in particular , hath been and continues under these disadvantages , will , i think , sufficiently appear to any indifferent reader , by the following discourse ; of which having given the reader a tast , by way of introduction , i shall proceed to what i have undertaken , and shall begin with some preliminaries , of which part are self-evident , and for those that are not ( being not able to say all at once ) refer the reader to the following sections . sect . i. trade national or private , home or forreign treasures imported by trade , thence land-rents , popularly increased , the revenues of all ranks of men depend upon trade , people and treasure make national strength , particular advantages in treasure , the difference between ancient and modern wars , navigation supported by trade , this necessary for the security of an island , and therein the farther scope of the whole . trade is either national or private : the national trade doth influence the wealth and strength of a whole nation , and therefore is not the only concern of merchants . private trade hath regard to the particular wealth of the trader , and doth so far differ in the scope and design of it from the national , that a private trade may be very beneficial to the private trader , but of hurtful , nay of very ruinous consequence to the whole nation ; as will appear . i shall speak of national trade , which is properly divided into home trade , and forreign trade . the home trade in every nation hath dependance on the forreign trade , if a nation hath no gold or silver-mines within its own territory , there is no practicable way of bringing treasure into it ( in times of peace ) but by forreign trade : and if such a nation be not enriched by imported treasure , its home trade can only be managed by exchange of goods for goods . but if treasure be imported , then may its home trade be managed by buying and selling for money . and from hence may the lands in such a nation come to yield a money rent , which is the produce or profits of land sold for money . in which case the price of home commodities , and consequently the yearly rent of lands in a nation which hath populacy and property , will hold proportion with the quantity of the national treasure ; and will rise or fall as the treasure does increase or diminish . for where there is an increase of treasure in a nation which hath property , this will ordinarily diffuse amongst the people by the necessity and succession of contracts ; and then the people having universally more money than before , the seller will not be so necessitous for money as before , and will have a greater choice of chapmen , who will be more able and ready to buy . these numbers of chapmen will inevitably raise the market one upon the other , as is demonstrable by common and undeniable experience and fact ; and therefore i shall lay it as a ground in commerce , that the plenty of chapmen , who have plenty of money , will cause a higher and quicker market for any desireable commodity , especially if the seller be not so necessitous for money as to be forced to snap at the first offer . and that on the other side , where there be fewer chapmen , who have less money , and the sellers themselves are more necessitous , they must and will sell lower ; this must inevitably happen in a nation where there is little money . for instance , if there were but l. sterling in england , an ox could hardly be worth a peny , nor could the revenue of all england be l. per annum , or not above ; it follows then , that a forreign trade ( by increasing the national treasure ) will advance home markets , and the value of lands in england . i shall admit that if a nation can be victorious in war , and can plunder the conquered , some treasures may happen to be imported this way ; but certainly those who consider it , will rather desire to be enriched by trade than by war , since in the course of trade , far mightier treasures may be gotten with peace , innocence , security , and happiness to the people , who cannot be victorious in war without bloodsheds , rapines , violences , and perpetrations of all kinds ; they also must be subject to perpetual difficulties and hazards in the hardships and event of war , which will disturb or subvert the home trade , nor can the treasure of a people so imployed circulate in the markets to any advantagious degree ; or should we have any such bravoes or knights errant as would rather purchase wealth by fighting than by industry , yet are these imaginary conquests absolutely impracticable at this day without the assistance of forreign trade ; as will be shewn . but first upon the former grounds i shall add , that a forreign trade ( if managed to the best advantage ) will yet further advance the values of lands , by necessitating a vast increase of people , since it must maintain great multitudes of people in the very business of trade , which could not otherwise be supported , ( as will also further appear ) : all which having the rewards of their labours in their hands , will still enlarge the choice of chapmen to the sellers , and there being so many more persons to be fed and cloathed , there must be a far greater home consumption of all the products of land. and hence must arise a kind of competition amongst the people who shall farm or purchase land , when the revenue of land is certain , and grows higher daily , as the treasure and people increase , which must cause land to rise as well in the years purchase , as in the years value ; nay , the very earth must receive an inevitable improvement by their industrious numbers , whilst every one will be able and willing to possess and manure a greater or lesser part , according to his occasions ; there is hardly any land in england but may be improved to double the value , and very much to treble and more . this necessary improvement of rent and land is verified in the forreign instance of holland , and in such of our english lands as lie near great and populous corporations ; and on the other side , we see that in spain and turky , and also in such parts of england and ireland , where there is little trade , and fewer people , there lie great quantities of land which yield little or no profit ; and hence i conclude , that the revenue and value of land will simpathize with the national trade . there are indeed certain ranks of men of honourable and necessary imployments and professions in every nation , whose revenues do not so immediately arise from trade ; such are officers greater and less , lawyers , physicians , and such like . but though these are not placed in the direct channel of trade , yet 't is very plain they derive their revenues from it ; being supported in their grandure and gains at the cost of the land-holders and traders ; who will be more capable and willing to give them greater gratuities and fees , when their own pockets are fuller ; and as the people , trade and contracts do increase , there will be more law-suits and diseases , and ordinarily more fees and gratuities , so will there be more houses built , more apparel made , and more imployment of all sorts for masons , carpenters , taylors , and men of all other middle and inferior callings . and from hence it also follows , that a forreign trade managed to the best advantage , will make a nation vastly stronger than naturally it was , because money and people do ordinarily make national strength . money is necessary for the purchasing of many provisions for war by land or sea , as arms , victuals , ammunition , materials for shipping , and many others , which being gotten , yet neither souldiers nor sea-men will now adventure themselves at the mouths of cannon and musket without pay , whereof the further consequence is that the prince and nation which hath the greatest treasure , will finally have the victory , and probably with little or no fighting . for being enabled by their treasure to keep themselves in a posture of war , they will oblige their enemies to the like expence , till their enemies treasures are exhausted , and then their armies and also their councils will dissipate . this shews the difference between the ancient and present course of war , for anciently the event of war was tried by frequent battels , and generally succeeded as one nation was superior to the other in personal strength and roughness ; but since the wealth of the indies came to be discovered and dispersed more and more , wars are managed by much treasure and little fighting , and therefore with little hazard to the richer nation . and hence also doth it appear that in the present condition of the world , it is in a manner impossible for a nation to gain riches by conquest and plunder , unless it hath first store of treasure at home , which cannot otherwise be gotten than by forreign trade . also money will command the service and lives of any poorer and rougher nation , it will purchase the assistance of forreign princes , it will indear their great ministers , open their cabinets , engage true and close correspondencies , and poison their councils : it will pass unseen through rampiers , fortifications , and guards into cities and forts , and will surprize them without the tedious hazards of seiges ; it will purchase governors and generals , and like lightning will consume the heart of a poorer nation , whilst its countenance and outside shall remain fresh . so are people necessary to guard the treasures , and defend the nation , who will be more or less true and serviceable to the national interest , as they have a greater or lesser share in it ; he that hath somewhat of his own , and lives comfortably , will stoutly defend the nation against invaders ; but if a people be poor and miserable , their condition being uneasie , it will be indifferent to them who is conqueror ; nay they will hope for a better condition by turning the tables ; so is it of dangerous consequence that the people should become vitious , because it generally weakens their bodies , courages , or faiths : in all which the excellency of a great and well regulated forreign trade may be discerned , since it will render the people rich , and ordinarily virtuous ; as will also appear . but forreign trade may bring a particular advantage to an island by a great navigation , without which its impossible for any island long to defend it self against a forreign enemy potent in shipping , for the invaders circling an island with their ships , may sail from place to place , and rob , spoil and kill , before the natives can , by long land-marches , apply their courage and land-forces to resist them ; which must necessarily distract and weary out the most valiant people on the earth : this hath been evident by many demonstrations in england , which hath been often conquered by forreigners for want of a sufficient naval force , particularly by the romans , nay by the saxons , danes and normans ; but hath more often repulsed forreigners , whilst we have been most powerful at sea ; and therefore the constant policies of this kingdom have long aspired too , and enjoyed a soveraignty of the sea , and kept a narrow and jealous watch on neighbour-nations , least they should aggrandize their naval strengths . sect . ii. the several kinds of forreign trade , of trading with home or forreign navigation , some general application . it will be then proper to consider how a forreign trade may be driven to most advantage for the increase of national treasure , people , and navigation . a forreign trade may be driven by a nation with forreign navigation , or with home navigation . a forreign trade driven with forreign navigation , is when a nation sells its commodities at home to such forreigners as come thither to buy and export them . this sort of forreign-trade may enrich a nation with treasure more or less , as the commodities so sold are of greater or lesser quantity and value . but it is very plain , that if the natives had exported the same commodities to the same forreigners in shipping of their own , the same commodities would have yielded a greater rate in the forreign ports , because the natives must have been also paid for the carriage ; which by so much would have increased the national gain ; wherefore it is more advantagious for a nation to export its own commodities by navigation of its own . but it will not follow ; that 't is therefore necessary or fit to confine all exportations to home navigation by penal laws , especially in england , as will be shewn . nor does it follow that a nation which doth export its own commodities , shall be alwayes richer than another that sells at home ; for the commodities of one nation sold at home may yield ten times more money at home , than the commodities exported by the other shall yield abroad , and therefore must make it ten times richer . this may be verified in the trade of france ; whose commodies sold at home to the dutch , english , and others , for many years past , have brought vast quantities of money into france , perhaps more than all the neighbour nations have gotten by their exported commodities , by which means , and no other , france is become the terrour of the world , as i shall more particularly and fully shew . a beneficial forreign trade , with home navigation , may be said to be of two sorts : the one consists in the meer exportation of home commodities into forreign nations where they may be vended , of which i have spoken before . the other , in trading and huxtering from port to port. the benefit of trading ▪ or huxtering from port to port consists in buying commodities cheaper in one forreign port , and selling them dearer in some others ; in which case the nation trading ordinarily gets more or less , in proportion , as the merchants buy for less and sell for more , and as the stock and navigation imployed in this sort of trade is more or less . the dutch being to buy much of their victuals , cloaths , and other necessaries from abroad , and having little commodities of their own to export , put themselves upon this trading from port to port ; which trade they have improved to that degree , that they are become , as it were , the common carriers of the world , imploying near trading-vessels , ( including those which belong to their fishery . ) in this way of trade have this industrious people yearly bought up vast quantities of french manufactures and commodities , and uttered them again for present profit in other parts of the world , not foreseeing those dangers they have been bringing upon themselves and all europe . the english have never attained to near so universal manufacture as the french , or so general a huxtering trade as the dutch ; but yet until this last age had a greater proportion of each then the dutch or french ; their trade hath chiefly consisted in the exportation of their own commodities , and manufactures made of their own home materials ; of which that of our wooll being the principal , was long thought and really still is , or might be , the greatest and richest in the world ; this , with our exported tin , lead , iron , allome , fish , and other valuable things , brought in a sufficient quantity of forreign commodities to serve our national occasions , pomp and ornament , and left an annual increase of imported treasure , which in length of time had much enriched the nation , though our neat annual gain by forreign trade did never bring in much above l. or per annum increase of treasure , one year with another ( taking any number of years together ) as may be reasonably collected by what will follow ; nor was that a contemptible gain ( as the trade of this part of the world formerly stood ) since it had rendred this kingdom as rich and happy at home , and as formidable abroad , as any in europe . sect . iii. of forreign trade consisting in exportation , of the advantages of home manufactures , and manufactures , incidently other home trades and imployments are considered ; and which of them enrich a nation ; of the fishing-trade , and the annual exporting of corn. the national gain , by forreign trade , consisting either in vending home commodies to forreigners , or in trading from port to port ; it may be fit to be considered how these branches of trade may be improved to the utmost . home commodities vendible and exportable to forreigners , are either such as are capable of little or no manufacture , as coals , &c. or else such as may be manufactured , which may be called the principals or materials of manufacture ; such are wooll , silk , flax , hemp , tin , iron , skins , corn , and others . most materials of manufacture are of small value whilst raw and unwrought , at least in comparison of the manufacture , since by manufacture they may be made of five , ten , or twenty times their first value , according to the workmanship ; which is proved by the woollen , silk and linnen manufactures , and almost infinite others ; wherefore if a nation hath naturally any materials of manufacture , it is far more advantagious to export them in manufacture , rather than the raw materials , because the manufacture is so much more valuable , and will make a return of five , ten , or twenty times more treasure to the nation than the raw materials . besides , it is most dangerous to export the materials of manufacture , since it may transfer the manufacture it self into some neighbour nation , and with it the incident riches and populacy ; by which means a neighbour-nation may become five ten , or twenty times richer and stronger than that nation which doth export its materials , and those innocent materials may in a short time return in the shape of armed men and ships , to the terror and confusion of an unwise and lazy people . but if forreigners will vend their raw materials of manufacture , it is necessary , or highly convenient for a nation to import them , and put them into manufacture at home ; after which , this manufacture may be either exported and sold for much more than the materals cost , or being used at home , will prevent the necessity of importing the like from abroad , by which the nation will save to the value of the manufacture : thus do the french and dutch manufacture forreign silk , spanish and english wooll , and many other forreign materials , which they export and sell again with prodigious advantage . the sorts of manufacture are so various , and almost infinite , that there is no people so great or numerous but may be universally imployed by it ; there are many which relate to eating and drinking , many more to apparel of all sorts , furniture of houses , equipage , navigation , war , literature and science , unnecessary , but acceptable toyes , to gratifie the humors and follies of men , women , and children , under all which generals , there are so many species of manufactures , that the very naming of them would make a volume , some are of simple materials , some of mixt . the labours of the people bestowed this way , must necessarily glomerate the riches of the world , and must render any nation a prodigy of wealth ; for whilst vast numbers of manufacturers are thus continually improving the value of some commodities or other , they work for the nation where they live as well as for themselves ; if manufacturers get l. per annum a piece , the nation must gain or save l. per annum by their labours , ( supposing the materials to be meliorated only to the value of their wages ; ) if the number of the manufacturers be greater , or if the same number gain more a piece , then is the national gain still greater and greater in proportion : all which is too evident in the present instance of france , and the contrary in that of spain , which although supplied with the wealth of the indies , is , for want of home manufactures , the poorest and weakest of all nations , and the most dispeopled . for by manufactures , a nation may support many hundred thousands of families , besides the meer tillers of lands and keepers of cattel , with increase of people shall live well , without being a clog and vexation to the landholders , and shall be highly beneficial to the rest of the natives in times of peace , as otherwise they will not be ; and as the people increase , so may the kinds and quantities of manufacture ; the very women and children may ordinarily get good livelihoods in manufacture . hence must follow a sweet harmony in a nation which hath property , when every ones hand and head is imployed , and when there comes a reciprocation of advantage to the landholders , and all others , as necessarily there must ; and as manufacture seems a kind of debt to the laborious part of the people , who by nature are intitled to live ; so it is the highest of all charities ; as it is most substantial and universal ; what signifies the distribution of a little broken meat amongst a few wretches , in comparison of the support of hundreds of thousands of families ? and lastly , it is attended with the promised rewards of charity , viz. plenty , glory , and prosperity to a whole nation . this , and what hath been said in the last section , may administer occasion to consider what sorts of trades , imployments , and professions do add to the riches of a nation , and what not . it is evident that all sorts of home manufactures must advance or save the national wealth , the like may be said of those who are imployed in the fishing-trade , so may the trade and profession of a merchant add to the national riches . there are another sort of home-traders , who live meerly by buying cheaper and selling dearer at home , such are retailers of all sorts in the city and country , whom we call shopkeepers ; of which a convenient number are necessary in every nation to keep open marts and markets for the vending of commodities ; these may advance their private stocks and estates by buying cheaper and selling dearer , but cannot ( meerly by this way of trade ) add a peny to the national riches , so that it may truly be said of one poor manufacturer , that he adds more in a year to the wealth of the nation than all such retailers and shop-keepers in england . and if these shop-keepers deal over-much in consumptive forreign wares , they may assist in the beggary of the nation ; so may the trade of a merchant export and exhaust the national riches , if he trade over-much in meer consumptive importations . and therefore though the gain of the persons imployed be one main end and design of all trades and imployments , and in that respect they are all alike ; yet they differ in this ; that in some of them the persons imployed do immediately or ultimately gain money from forreigners ; but in the other , they gain from the people , and from one another . of the last sort , are all imployments relating to the law and physick , so are offices of all kinds ( which i do not say to insinuate any of these imployments to be useless in a nation , or to diminish from that due respect which ought to be given to men of place . ) there is no question but they are highly necessary for the regulation of the body-politick , and the body-natural ; so are the clergy for the information of mens consciences ; and therefore in every nation convenient numbers of the people ought to be set apart for these purposes ; but as far as they are imployments , and intended for private gain , 't is plain they add no treasure to the nation , but only enable the persons so imployed to share and heap up the treasures already imported ; the like may be said of all other ways of living by meer literature and the pen , and some inferior in-land imployments mentioned before ; it must therefore be of dangerous consequence if the trade of a nation run into over-much shop-keeping , or if too many of the people withdrawing themselves from manufactures , and the beneficial parts of trade , should throng themselves into the clergy , law , physick , literature , and such other professions as bring no increase of national riches ; and the rather , because these imployments and professions are narrow , and can support but a few families in a nation with convenience ; so that it may endanger depopulation , and by their numbers will prejudice one another ; whereas manufacture and a great forreign trade , will admit of and oblige an increase of people even to infinity : and the more the manufacturers increase , they will the more enrich one another , and the rest of the people ; it may then be proper to inquire how the manufactures of a nation may be increased and improved . this may be done either by enlarging former manufactures , or by introducing new ones . new manufactures must be first taught , and then encouraged , and if made of forreign materials , the materials must be imported , after which , as the people find the sweet of their labours , it is not to be questioned but that they will throng into the imployment ; they that want bread , cloathes , and other necessary comforts , will be glad to obtain them honestly ; thus our king edward the third ( a wise and victorious prince ) invited over the flemmings to teach his subjects the woollen manufacture ; and thus have the french policies invited over the most exquisite manufacturers into france from all parts of the world ; these with their schollars were first imployed at the charge of the government ; but the manufactures soon afterwards diffused into the gross body of the people . without these primary encouragements and superintendence of the government , it will be hard to nourish up any new manufacture , or to enlarge any old ones , at least , suddenly , to any great degree . amongst the exportations , the fishing-trade ought not to be forgotten , since , according to modern calculations , the meer fishing-trade for herring and cod on the coasts of england and scotland imploys above dutch ships or vessels , of their sea-men , and fishers ; and the herrings and cod sold by the dutch in forreign countries , do bring an annual profit of about l. per annum sterling to that nation : besides which , 't is accounted that there are at least people more imployed and maintained at home about this particular navigation , making of fishing-nets , and the curing , ordering , and preparing of the fish , &c. besides the island , newfound-land , and green-land , fishings of very great advantage . but the ordinary exportation of corn out of the annual increase , hath been accounted most dangerous , and of all others the most unprofitable , because of the possibility of a dearth ; which besides the hardships of it , will give opportunity to forreigners of drawing away vast treasures in a trice . but if a nation doth store up corn in cheap years , the people will be secure against a dearth , and yet when corn is excessive dear in neighbour-nations , may then take their time to furnish them , and by that means will make much greater advantages than by ordinary exportation ; and for this reason have the modern policies of some wise nations in trade , contrived and erected publick store-houses or conservatories for corn. i shall conclude with the words of sir walter rawleigh , in his excellent observations upon trade , presented to king james . amsterdam is never without quarters of corn , a dearth in england , france , italy , or portugal , is truly observed to enrich holland for seven years after ; for example , the last dearth six years past , the hamburghers , embdeners , and hollanders out of their storehouses furnished this kingdom , and from southampton , excester , and bristol only , in a year and half , carried away near l. then what great quantities of corn did they transport from round about the kindgom ? from every port-town , from the city of london , and other cities ? it cannot be esteemed less than two millions : to the great decay and impoverishment of the people , discredit to the merchants , dishonour of the land , &c. suppose then a dearth or scarcity of corn happen once in twenty or thirty years , the annual labours of the people in the produce of the exported corn are lost ; 't is also a bulky commodity , and makes but a small yearly return , and the forreign price and vent of it is very casual , and incertain , for which reasons , of latter years , the ordinary exporting of corn is used only by some poor nations , who have little other trade , 't is said the french king hath ordered publick stores and conservatories of corn. sect . iv. of forreign trade from port to port , the nature and advantage of it , differs from meer carriage , and meer importation ; the necessity of a home storehouse : the ordinary exporting of money or bullion , of dangerous consequence ; how to be avoided : the fishing-trade , and trade from port to port are the nursery and support of sea-men , and sea-towns ; the condition of ours ; the national advantages of england for all sorts of trade , yet hath the least share . since the trade from port to port will cause a great navigation , and also bring in very much treasure , and therefore if it be added to the trade of exportation , must render a nation the miracle of riches and power ; i shall next consider what this trade from port to port really consists in , and by what methods it may be driven most advantagiously to a nation . a trade from port to port may be most properly so called , when a merchant of one nation buying goods in another , the property becomes his , and he carries them to a third forreign market on his own account ; thus the dutch buy up , export and sell the french manufactures and commodities ; but if a dutch-man carry french goods to be sold in a forreign market , on a french mans account , taking a certain rate for the hire of his ship ; this is not properly a trade from port to port , but is meer carriage ; which sort of imployment ( though it may seem least reputable ) may increase the national treasure , as the navigation used in it is more or less , and may imploy many sea-men . a trade from port to port doth also differ from meer importation , which is , when the merchant does import consumptive commodities , which are spent at home , in which case , if the importations are excessive , it may truly be called the disease of trade , since it must cause an exportation of the national stock of treasure , and thereby may soon ruine a nation , as will be shewn ; but so cannot a trade from port to port , truly so called , because the goods bought being sold or bartered off , at other forreign ports , must be ultimately converted into more and more money , and thereby increase the home treasure . this trading from port to port , does not wholly consist in the carriage of a commodity from one port directly to another ; nor can be so driven to any great , or ordinary advantage ; for the merchants thus imployed , must either trade little , or else must glut the ports they go to with an over-great quantity of goods of the same kind ; and therefore for the full improvement of a trade from port to port , it is generally necessary , that the merchants should first unlade at home , which will inevitably render a nation so trading a compleat and mighty storehouse of all forreign manufactures and commodities ; and then from this infinite miscellany of goods ( as the merchants observe their time for a market and the ports they go to ) they may freight their ships with such sortible commodities and cargoes , as are proper and vendible to advantage ; thus are the dutch provinces become the mighty storehouse of the world ; the plenties of the world do grow and increase in other countries , but there are the stores , and thence do their merchants furnish themselves for all sorts of voyages ; thus they transport the merchandizes of france , spain , portugal , italy , turky , the east and west indies to the east and north-east countries of pomerland , sprusland , muscovy , poland , denmark , norway , liefland , swedeland , germany ; and the merchandizes of the last mentioned kingdoms they transport into the southern and western nations , as sir walter raileigh long since noted , nor is a trade from port to port practicable , or can be improved to any considerable or valuable degree , unless the nation be made an universal storehouse . in the trade from port to port there must be some kinds of original exportation , because the merchant cannot purchase forreign goods in a forreign port for nothing . and one would think it should hardly be a question , whether in this way of trade it be most profitable to a nation to export manufacture , or other home commodities , or money , or bullion . but of late years many of our merchants very much contend for a liberty to export money or bullion as advantagious to the trade of the nation , and have gotten an act of parliament to legitimate the exporting of bullion , contrary to many other former statutes , and now bullion and money also are become our usual exportable commodities . but i shall oppose the ordinary exporting of money or bullion in trade , especially as the constitution of our trade now is , for the reasons following : first , i shall admit that the exporting of treasure in the trade from port to port may increase treasure , provided that the merchant makes wise bargains , and his ships return safe , neither of which is altogether certain ; but supposing the merchant be both so wise and fortunate , yet 't is very plain that in this way of trade the merchant cannot bring more new treasure to the nation than the merchant by his judicious and prosperous dealing and voyage can add to the original sum he carried out . but had the merchant taken off and exported to the same value in home manufacture or commodity , 't is as plain that the very vending or bartering of that manufacture or commodity , would have been a farther gain to the nation , to the full value of the manufacture or commodity exported ; since the manufacture or home commodity sold would finally resolve into treasure , nay , though the merchant gain but little or nothing in this case , yet the nation must be a gainer to the value of the manufacture or other commodity exported . as suppose a dutch or english ship go with exported treasure to france , where the merchant buys french wine for l. which afterwards he carries into the sound , and there sells it for l. the merchant hath brought but l. new treasure or credit to the nation ; but had the merchant exported herrings or home manufacture , and by sale or barter of his fish or manufacture had purchased the same quantity of wines , which afterwards he sold for l. the nation must presently have a new addition of treasure or credit for the whole l. in which last case the nation gets a new l. by the labours of the fishers or manufacturers , besides the l. got by the merchant ; if the merchant had got nothing , yet the nation had gained l. secondly , in this last case great numbers of manufacturers , fishers , &c. are kept and well maintained at home , whereas the ordinary exportation of money must make them idle and useless ; whereof the further consequence is , that the ordinary exportation of money must inevitably depopulate a nation , if it be of any great extent of territory ; so must the exportation of bullion be attended with the same mischiefs for the same reasons : the exportation of bullion does also open a way for the exporting of coined treasure , without any hazards of seizure , by melting down the most valuable coin into bullion . but i expect to be told that hamburgh and holland , &c. do allow of and use the exportation of treasure . to which i answer , that there is no parallel between such countries as these and england ; for these are little territories , much consisting of merchants , their agents , factors , and dependents , who live by meer merchandize , that the rest of the people being but few ( in comparison of what are necessary to people so great and fertile a nation as england ) may be supported with much fewer and lesser manufactures and home employments ; and therefore that the exporting of treasure must be less dangerous , and perhaps may be the more necessary there , because by the fewness of people , and consequential restraint of manufactures , their merchants may be confined in the bulk and variety of home commodities to export . if it be said that no nation can be so stored with home commodities , as to answer all forreign ports and markets , and therefore that it may be sometimes necessary to export treasure in every trading nation ; this perhaps may be true in some degree ; but this is another question ; and in the mean time it remains that it is most profitable to a nation to export home commodities ( where it may be done ) rather than money or bullion , and therefore that the merchants ought to be restrained from it as much as it is possible . then as to the other question , how far it may be necessary in a nation to export money in trade , it must depend upon the greater or lesser improvement of the national trade . for as a nation hath a more universal manufacture and fishery , more drinks , fruits , curiosities , and delicacies of its own , its merchants will be more and more enabled to fraight themselves outwards with home commodities ; these mighty stores of home commodities can only be had in great fertile and populous nations . but suppose a nation be not , or cannot be so fully stored with home commodities as to answer all forreign markets , yet its merchants first exporting home commodities to ports where they are vendible , may by a barter , sale , or exchange of these , and an eternal succession of voyages and contracts make the nation where they live a storehouse to perfection ; and will then have the choice of all merchandizes on the earth to export ; and therefore may ordinarily and beneficially trade to any forreign port without exporting treasure ; and if they may , they will , because else they will loose the benefit of the market for the goods they may export ; thus even the dutch originally exporting herring , cod , earthen wares , woollen cloth , linnen , and of late silks , and other home commodities , and having by the barter or sale of these compleated their home storehouse , can ordinarily buy at foreign markets , without exporting treasure ; by this means are the dutch enabled to trade as they do to swedeland , liefeland , and norway , where by selling or bartering of their own and forreign commodities , they provide themselves with the materials of pitch , tar , hemp and flax , necessary for navigation , and with timber , and other commodities , for their use at home , and trade abroad , whilst the same commodities cost the english some l. per annum , since the decay of our cloth-trade into those ports ; which kind of trade is doubtless advantagious to some merchants ( else they would not continue it ; ) but does help to drain the nation of its treasure . i do not say they dutch never export treasure , but that by reason of their forreign storehouse they are under no such ordinary necessity to do it ; and in fact export little or none to many other countries , where the english trade with much : whereof i shall have occasion to say more . i shall conclude , that where the home and forreign trade of a great and populous nation is duly regulated , and sufficiently improved , there will be little necessity to export treasure . to which i shall add , that the exporting of treasure in a nation , having ill methods of trade , must be yet more dangerous , because it facilitates meer importation , and in england is chiefly serviceable to it , as will appear . if a trade from port to port be improved to any great degree , it must necessarily very much increase the national treasure , and numbers of people , especially sea-men . if trading vessels add l. per annum a piece to the national stock yearly , the yearly national gain must amount to l. per annum , and so in any greater or lesser proportion , as the navigation or gain is greater or less ; of which we have a plain example in the dutch , who in about ninety years time have arrived to a wonderful wealth and strength by it , though they have been always forced to buy much of their victuals and materials of clothing , all their materials of shipping , and many other chargeable necessaries from forreigners , which must be a prodigious annual expence . a fishing-trade is one great and certain nursery of sea-men , and brings wealth and comfort to sea-towns ; but a flourishing trade from port to port will make better and more sea-men , inrich sea-towns more , and will imploy very considerable numbers of people at land , in building , manufacturing , repairing ; and other ordering of the shipping , tackle , and goods imported and exported , besides the merchants and their more immediate dependants ; thus do we see the towns upon our opposite shores abound in riches and people , whilst our own sea-towns languish more and more . and from hence it may appear , that for the utmost advance of this trade , it is necessary there should be very much shipping in a nation , multitudes of sea-men , great stocks continually imployed in merchandize , great numbers of merchants , and lastly safe ports and harbours . i shall end this with some retrospect to the last section , by observing , that no nation in the world is naturally so adapted for a mighty trade of all sorts as england . first , because it hath more excellent native commodities than any one nation in the world , as copper , lead , iron , tin , allome , copperas , saffron , fell , the mighty commodity of wooll , corn , convertible into beer , and transportable , besides near others , which are capable of near sorts of manufactures , as sir walter rawleigh observes . that it is one of the most fertile of kingdoms , and therefore out of its own stores might support almost infinite numbers of people both for manufactures at home , and trade abroad , especially as the island might be improved . that it hath more and safer ports and harbours than almost all the nations in europe put together . that it is better scituated for the northern , eastern , southern and western trades than any other nation . that the herring and cod , with which the dutch drive so mighty a trade , are caught in our english seas , upon our own coasts and shores , and may be managed with more ease and advantage by the english , than by any other nation . and to conclude , that our people are strong and able for work at home , generous and adventurous abroad , and such as all the rest of the world have most coveted to commerce with , and naturally as ingenious , industrious , and willing to labour as any part of mankind , so long as they can have a reasonable fruit of their labours , which hath been evidenced by many former undeniable experiences . notwithstanding all which advantages , england hath had very few considerable manufactures , some of which are lost , and the rest decaying ; nor have we any considerable remaining trade from port to port , or fishing-trade , of which there are doubtless some reasons and causes very fit to be understood and regulated , since the wealth , strength , happiness and safety of england immediately depend upon it ; i shall therefore in the three next ensuing sections give an account of such particular obstructions in our trade , as have fallen under my notice . sect . v. that our home and forreign market is incumbred , and prejudiced by extraordinary and unequal charges , and cloggs in our merchandize above what are in our neighbour-nations , viz. in the building and furniture of our ships , victuals , sea-mens wages , customs , interest-money , &c. with the consequences in our manufactures and forreign trade ; more particularly of the decay of our woollen manufacture : our exportations now confined to our importations and imported treasure , how to be enlarged , our casual dependence on the trade of spain . supposing this or any other nation had all the aforesaid grounds of trade , viz. all sorts of home and forreign materials of manufacture , sufficient numbers of people , and those instructed in manufacture , supposing them never so industrious , that there were no want of ships , sea-men , or stocks of money , ports or plenties at home , yet there is another thing necessary , which is a good and quick vent and market for commodities ; without which all manufactures will decay and expire , all other exportations must fail , and the trade from port to port can be no longer practicable or valuable . for if the manufacturer cannot sell his manufacture , he hath laboured to his great loss ; so if a merchant buy goods at one forreign port which he cannot sell at another forreign port , he hath at least lost his voyage , and the charge of it ; so if the market be not absolutely closed up , yet if it be prejudiced and spoiled to any great degree , the merchant or manufacturer will either discontinue presently , or will trade less and less , and will fling up speedily if the market doth not mend ; for if men of trade cannot sell for reasonable profit , but will be forced to live much worse and poorer than other men of the like degree and estate in the same nation , they will not continue long in so unprofitable a toil. the home and forreign market bear such a simpathy one with the other , that obstructions in the market at home , may arise from obstructions in the forreign market , as well as immediately from causes at home . for if the forreign market for exportable commodities fail in any degree , there must be a less and worse vent and market at home for these commodities ; if the forreign market come to take off a lesser quantity yearly than before , or at a lesser price , the natives must sell a lesser quantity , and at a lesser price , to their exporters and merchants , who will not buy more than they can vend again , nor so dear that they cannot vend them with sufficient profit . now the course of our english forreign merchandize hath begotten an obstruction in the forreign market , because our merchants are liable to greater charges in their way of trade than the merchants of our neighbour nations . for all necessary charge of the merchant in his course of trade is super-added to the original cost of his commodity , so that the merchant , upon sale of the commodity exported , is under an obligation to pay himself his charge , and yet to sell so , that he may make himself a reasonable gainer besides . then if a forreign merchant bring the same manufacture or commodity to the same forreign port with less charge , he will be able to under-sell the english-merchant as much as his charge is less , and yet shall get reasonable profit . and if the merchants of other nations be able to sell for less , they will , nay perhaps must , ( supposing that they drive an open trade , and upon their distinct stock ) for then being incapable of combining to impose prizes , and desiring a quick market ( which is the life of trade , ) they will be worked down by the forreign buyers to take as moderate profit for their goods as they can afford then at . the consequence of this is , that the english merchant must either forbear exporting , or else must sink his prizes on the english manuactures , whereby the english manufactures must be stifled or discouraged . 't is true , that if nation hath some rich and necessary material and manufacture within it self , exclusive to other nations , it hath the monopoly of this manufacture to the rest of the world , and therefore cannot be under-sold , but may vend it so as to pay all extraordinary charges with sufficient gain to the manufacturer and merchant ; which was heretofore the case of england in the woollen manufacture . but if a manufacture or commodity be common to england and holland , or england and france , and the hollanders or french can bring this manufacture or commodity cheaper to a third forreign port than the english , the hollanders or french under-selling the english , will beat the english out of the manufacture ; it is accompted that the odds of two per cent . nay of one per cent . will produce this advantage . an inequality of charge on merchandize must also influence the trade from port to port ; for if the english and dutch merchant coming to the same port with the same forreign commodity ▪ the dutch can ordinarily under-sell the english ; it must also be of the same consequence in this sort of trade . this happens to be the case between the english and dutch , the dutch being upon their defection from spain , driven into great exigencies , and therefore becoming studious and emulous how to advance their trade , have contrived all imaginable ways how to trade cheap , whose example other neighbouring-states and kingdoms have followed in a great degree , and the french amongst the rest , whilst the english do not only proceed in their former more chargeable methods of trade , but have clogged their navigation and merchants more and more , whereof i shall give some instances , and shall leave the computation of the odds to the reader . first , the dutch have found and long used such a way of building their ordinary trading ships and vessels , that they will sail with eight or ten men , when an english built ship of about the same burthen shall not sail without near thirty men , so that the english merchant must ordinarily be at more charge for wages and victuals by two thirds than the dutch. secondly , the english customs for forreign goods imported and re-exported ( though half the customs paid are returned upon re-exportation ) are near twenty times greater than the dutch customs , and for home commodities exported , if not for all , are greater than the dutch or french customs , which does work a further charge on the english merchants . for , thirdly , by this means our english merchants are ordinarily forced to keep near a fourth part of their stocks dead at home to answer customs , so that a dutch merchant may drive the same trade with a much less stock . fourthly , the late act of navigation , and the act of car. . cap. . confining the english trade to shipping built with english timber ( which is now exceeding scarce and dear . ) the dutch , french , danes , hamburghers , &c. can have ship-timber in germany , france and denmark , for less than half the price of ours . so by means of the same acts of navigation , have the dutch and french their cordage , masts , sails , tackle , pitch and tar , ( being all necessary and chargeable ingredients of navigation ) very much cheaper than the english , so that the hollanders , or french , or danes , nay , almost any other of our neighbours , can build and apparel a ship , or fit up and repair , at a less charge by half than the english can do ; the reason of this is more at large discoursed by mr. roger cooke in his late ingenious treatises of trade . and fifthly , by means of the late irish acts against importation of cattel , the dutch and french can and do victual their ships cheaper with irish victuals than the english can do in england , whereas before , england could victual cheaper than any nation in europe . sixthly , the english pay per cent. interest for money , and the dutch but per cent. or less , which is to our english merchants of a strange ill consequence , if we consider our extraordinary charges in victuals , wages , shipping , and the money kept dead to answer customs , besides the interest of the stock actually imployed in merchandize and wars ; for the interest , with interest upon interest running up continually , does still increase the charge and clogg upon our merchants , but especially must disable us to make england a storehouse of forreign goods , since although they should be bought and imported as cheap as in holland , they must yet become dearer for re-exportation by the odds in the interest ; if the annual interest per cent. were the same , yet the odds in the stock imployed would produce a vast odds in the interest . seventhly , the act of navigation obliging us to sail with ¾ of our english sea-men ( of which we have but a few in comparison of the dutch , who have at least ten times more than we ) hath given occasion to our sea-men to raise their wages : to all which may be added our present charge of passes , supposing that any forreign nation can trade without passes , or procure them for less money ; the like may be said of our late charge of ballastage , &c. nay the dutch are so curious , that for more cheapness and convenience , they build ships of divers makes , sorts of timber , and manner of tackling , for almost every trade : whereas the english build or use but one sort , and that the most chargeable . suppose then , that the english and dutch should both manufacture silk , linnen , woollen , &c. and that an english and dutch merchant buying up these manufactures at the same rate at home , should export them to a third port where they are vendible , 't is plain that the dutch merchant being at less charge by at least two thirds for wages and victuals , at less charge for customs or port-duties , at a less charge by half in building and fitting up his ship , and being so much eased in the interest of money , and other the said particulars ' , may under-sell the english merchant a great many times per cent. but much more will he be able to under-sell the english merchant in the trade from port to port , because of the excessive height of our customs for goods imported and re-exported , or if an english merchant go directly from one port to another , he will still lie under the other in equalities of charge . nor are the english for the same reason capable of any imployment in meer carriage for any forreigners , unless , perhaps , during the convulsions of a war amongst other nat●ons . and for the same reasons the english can never drive any considerable fishing-trade , though we pay no custom for fish. this cheapness of the dutch , and other forreign navigation and trading , doth not only give advantage and preference to their own manufactures , but to the manufactures of all other nations where there is an open , free and reasonable market ; as suppose the dutch buy french , german , or italian manufactures as cheap as the english merchant can buy the like manufactures in england , he may be able to under-sell the english merchant and manufacture in a third port , with gain to himself . and hence it is that the dutch , and other forreign cheap navigation , hath given rise and growth to the french , dutch , german , italian , and other forreign manufactures ; which , with the difficulties on our trade at home , hath worked us out of near all our manufactures , except what remains to us of our cloathing-trade . so the cheapness of the dutch , and other forreign navigation and trading , hath in a manner beaten us out of all the trade from port to port , and fishing-trade ; the english retaining little from port to port , but the east-india trade , for callicoes , pepper , &c. a trade which continues upon a particular reason , distinct from all the rest , as i shall also shew in the next section . and upon the former reasons , and others mentioned in this and the two next sections , we must expect that the dutch and french may in a short time destroy our remaining woollen manufacture ; the dutch taking advantage of our mis-management of our cloth-trade , of which i shall give a further account , found ways of getting our fine wooll , which mixing with fine spanish , and by that mixture making a cheaper and more serviceable fine cloth than with all spanish , have been long high competitors in the trade of fine cloth , and have actually beaten us out in the northern eastland and german trades , and share with us in the turky-trade , both dutch and french getting what quantities they please of our long and middling-wooll out of england and ireland ( which they now have cheaper than the english clothiers from ireland ) do mix it with french , polonia , or other forreign woolls , ( which are two thirds cheaper than ours ) and therewith make vast quantities of course cloths , druggets and stuffs , which being acceptable and merchandizable , they export to spain , portugal , germany , and most other parts . their competition in the cloathing-trade , joined with some polonian , silesian , german , and other later manufactures of course woolls , have already sunk our forreign market and vent ; this hath sunk the price of our raw wooll , as necessarily it must , and as their manufactures increase , and ours does expire , the french and dutch must have our wooll for what they please ; and if they cannot have it at their own rate at one of our ports , they will go to another , and our necessitous people having their wooll in their hands , will sell almost at any rate ; which is so far the case in ireland already , that is there openly exported at or s. the tod ; and then if we compute what a tod of wooll may stand the french or dutch in , considering their cheap mixtures of french , polonish , and other course woolls , we may very suddenly expect to have our english woolls at about s. the tod ; for if the english clothier gives more for his materials than the french or dutch , he cannot live : it is now in most parts of england at about s. or s. the tod , in some places at s. where of late years it was and s. the tod . the french and dutch have long maligned this english manufacture , and have now made a mighty progress towards its extirpation , and therein of the great support of our english nation ; ( doubtless the wooll-sacks were placed in our house of parliament to give us a precaution of it : ) the dutch of late have been somewhat checked in the turky-trade by the war ; but the french are more vigilant and vigorous in the increase and vent of their woollen manufacture than ever ; and the dutch are now at peace again . i know some alledge , that these nations may support their present woollen manufacture without our wooll , which our own english clothiers , on their own experience , deny ; they say that a mixture of fine english , and fine spanish , makes cloth so much cheaper and more serviceable then of all fine spanish , that it must needs beat out any forreign manufacture made of all fine spanish , ( which is always near twice as dear as our finest english wooll ) and therefore have the english and dutch near subverted the venetian cloth-trade in turkey ; on the other side , they say that the german , polonia , silesian , and french , are so course of themselves , that although they may be wrought into an ill sort of composition , perhaps fit for sails , or such like ; yet it is not merchandizable ; but in mixture with english or irish ; good dressing and dying will make very vendible and serviceable stuffs , druggets , and course cloths . nor is there any shadow of reason to believe otherwise , considering how ravenous the french and dutch have been after our wooll , since they set up their woollen manufactures ; why have they and their agents been lurking on our coasts and in our creeks to fish it away for so many years ? why have they given treble as much for it as for polonia and french ? shall we think the dutch and french such fools and mad-men as to make so laborious and dear a purchase of an unnecessary commodity ? we are told of some fine sclavonian woolls which the dutch make use of , but withall that they are not comparable to ours ; nor of any considerable bulk ; and are assured by those who should best understand it , that no nation but england hath a sufficient store of wooll to drive a forreign trade of any consequence . there is no question , but that if we did manufacture all our wooll , we might again near monopolize the merchandize and forreign trade of woollen-cloathing , though perhaps some forreign manufactures of course woolls might be kept up for the use of the ordinary poorer people at home ; at least it must be admitted , that if we did manufacture all our english and irish wooll , it would find vent in the world , since it is now all manufactured in england , france and holland , and doth find vent in the aforesaid mixtures ; by which the bulk of the manufacture must be much increased . then if the question be how we shall arrive to the sole manufacture of our own english and irish wooll , it must appear upon what hath been said , that the only safe expedient must be by easing our navigation and trade equally with forreigners , in which case having so much advantage in the materials , we could not fail of an answerable success in the manufacture ; long experience hath demonstrated that the meer prohibiting of the exportation of wooll is but a cobweb , the dutch and french being constantly supplied with what quantities they please to have , and ever will be , as long as their advantages in trade will enable them to give more for our woolls than our english and irish natives : for so long the interests of our people will teach them ways to elude or baffle the prohibition ; for this reason our late act of car. . cap. . which makes it felony to export wooll , hath nothing remedied the mischief . upon what hath been said , i may further add , that those who think to better our trade in general by the forceable subversion of the dutch trade and navigation , are as much mistaken ; since the hamburgers , and other trading states , the french , and other kingdoms , who have eased their merchandize and navigation , would then take the place of the dutch , and would share the trade , and exclude the english , unless our trade were equally eased . i shall conclude this section with this farther observation , that for the opening of a sufficient forreign vent and market for our home commodities , whether manufactures , fish , or others ; it is not only necessary to remove all unequal cloggs on meer exportations , but also those on imported goods ; because that whilst the english merchant , by the charges on imported goods , is ordinarily disabled to trade from port to port , the value of our english exportations must be in a manner confined to the value of the goods imported , and consumed at home , and the treasure we import in specie yearly . whereas were the cloggs on our imported goods taken off , we might yearly vend of our own home commodities to the value of all the forreign goods we should then import and re-export , to serve the occasions of all other nations , ( for these we might purchase by barter or sale of our own ) whereby our exported home commodities would then amount to much more , probably to more than ten times the value they now do yearly ; all which in the course of trade from port to port would resolve into more and more treasure and riches of all sorts . and therefore , let the treasure now imported in specie be more or less , 't is evident , that were our merchants enabled to trade from port , as the dutch , and others , can and do , as our manufactures , and other home commodities , exported yearly would be vastly more in quantity and value , so would the treasure imported yearly . secondly , the exportation of english home commodity is yet farther confined , when instead of home commodity to answer the imported goods and treasure , we export so much treasure as we do ; in which case if the treasure exported be more than is imported yearly , this kingdom must insensibly be beggered by meer trade . this may be feared to be our case , because there are very few forreign nations ( i think none worth the naming but spain ) where our merchants can ordinarily sell our commodity for ready money , or with so much advantage , that they can afford to return with the price received , but will be obliged to better their adventures by laying out the money again on consumptive forreign goods , or else apply it to satisfie forreign debts by bills of exchange ; this many of our spanish traders do , so that our merchants import much less treasure than they receive ; and it may not be improper to be added here , that whilst the virtue of our whole trade ( as now managed ) does still depend so much on that with spain , our support is very single and casual , and the consequence must be fatal , should the spaniard be rendred either unable or unwilling to trade longer with us ; our case is already thus , far worse than it was , that spain is grown poor and weak , and the dutch and french share and grow upon us in this trade . sect . vi. other cloggs on our trade , viz. the late acts of navigation , which , with the other difficulties have begot monopolies ; made our navigation yet dearer , so forreign materials of manufacture cause meer importations , hinder our forreign vent of victuals , obliges a sudden consumption of our remaining ship-timber , particular dangers and consequences thereof ; our navigation cannot be increased whilst we are restrained in trade : the exhausting of our treasure must subvert our navigation : the advantages of forreigners , of trading by companies , and the different nature of ours , more particularly of our african and east-india companies and trade : divers ill consequences of joint-stocks ; therein more of monopolies . long land carriages to london ; the market there delayed . odds in interest-money must prejudice our manufactures : private interest observed . our affectation of forreign commodities : the prejudice of obstructing the vent of manufactures . our manufacturers liable to be imposed upon by our merchants , and by ingrossers , a disadvantage by the restitution of half customs on the re-exportation . it being natural , that the continuance of one inconvenience should beget many others , it hath so fallen out in england . our natives discerning the odds of charge between our own and forreign navigation , and being therefore tempted to trade in forreign ships , or to deal with forreign importers , ( which threatned the subversion of our english navigation , and the importing trade of our english merchants ) instead of regulating our navigation , the late act of navigation was made , whereby , and by other acts , our english exportations are expresly or virtually confined to our own english built shipping , so is the importation of forreign goods , or else to the forreign natives of whose growths or productions they are ; which restraint hath begotten , or ( jointly with the other cloggs on our forreign merchandize ) hath heightned , these farther inconveniences . first , it hath given a monopoly to our own merchants , upon our manufacturers and people , for our own exportable manufactures and commodities . secondly , it hath given a monopoly to our own merchants upon all the people of england , for goods imported . thirdly , the said act of navigation obliging the english to buy imported goods only at those ports , or of those natives , of whose growths and productions they are , hath given monopolies to all forreigners on the english for goods of their respective growths and productions ; the danes ( for instance ) taking advantage of it , very much raised their prizes and customs upon us , for pitch , tar , and timber , forcing us to pay near double what we did , and to pay them in money , where we used to barter with them for commodity ; the like may be said of the french , those of the canary-islands , and others , particularly the leiflanders , for raw hemp and flax ; at the best we are but at mercy . fourthly , this act hath made our navigation yet more chargeable than before , because the aforesaid forreign materials of pitch , tar , raw hemp and flax are thereby made very much the dearer ; it doth also render english ship-timber still dearer and dearer , which must more and more disable and discourage us in the building of ships for trade , and gives a great and dangerous advantage to our neighbours in the building of ships of war so much cheaper than we . fifthly , this dearness of shipping must the more prejudice the vent of our manufactures made of our own materials , and disable us in the trade from port to port , for the reasons in the last section . sixthly , the same dearness of shipping , with the other unequal charges on our forreign merchandize , must render all forreign materials of manufacture imported much dearer in england than in other neighbour-nations , ( such are hemp , flax , silk , and many others of great consequence ) and then our manufacturers buying the materials dearer , are obliged to sell their manufactures dearer , which must hinder their vent at home as well as their exportation abroad , and consequently the rise and growth of all our manufactures made of forreign materials , and accordingly we see our manufactures of linnen , cables , sails , sea-nets , and silk of all sorts , are some of them in a manner lost , the rest much decayed ; which i the rather mention , that this , and what i say elsewhere , may take off some ignorant and unreasonable reproaches against the english manufacturers , for not selling some manufactures so cheap as in other nations , since they are necessitated to it by these and some other difficulties upon them , which i shall take notice of in this and the next section , as i shall have occasion . seventhly , this restraint to our dear english navigation , and charges on our merchandize , does by consequence tend to introduce the disease of trade , consisting in meer importation ; for as our manufactures expire , there is a farther occasion of importing forreign manufactures , especially if on this , and other accounts , they may be sold cheaper here than our own : and hence it is , that we have a prodigious increase of imported linnens , silks , &c. and that we are of late forced to buy much more of our cables , cordage , sails , and divers other manufactures from the dutch , french , germans , &c. than formerly we did ; in all which our merchants must be greater gainers for a time , because our occasions for forreign goods being greater , they import and sell the more at home ; and from more and greater sales must get the more money of our natives , and the rather , because of their monopoly on the rest of the people for imported goods , which does enable them to sell so at home , as to reimburse themselves all their charges , with extraordinary profit . eighthly , the said restraint excluding great numbers of forreign ships from our ports must hinder the vending of great proportions of our beef , pork , corn , beer , clothing , and other necessaries . ninthly , the dearness of the english timber , arising from the scarcity of it , the said act doth oblige us to a kind of impossibility , there being not timber enough in england to support any considerable navigation , at least for any continuance of time ; which small remnant of timber we are forced to spend so fast in the building or repairing of ordinary vessels , that we shall soon see the end of it , and then in any great exigence we must seek out for forreign timber to build ships of war , for which the timber now remaining might be reserved . tenthly , whereas the increase and support of navigation depends on the ordinary imployment of ships and sea-men in trade , of which far the greatest numbers are to be maintained in the fishing-trade , and trade from port to port , the english being , by the acts of navigation , and other difficulties , disabled from those trades , can never increase their navigation , and upon a small increase of shipping must be over-clogg'd . eleventhly , the act of navigation giving forreigners election either to sell their goods to the english at home , or to import them into england , is so far from incouraging our navigation , that it hath put it into the choice of forreigners , whether theirs or our shipping shall be imployed , which , with the dearness of ours , hath already increased the navigation of our neighbours , but hath reduced ours . and lastly , as the dearness of our navigation and course of merchandize established by this act does run us into an excess of importations , our treasures must be exhausted , and then the remnant of our shipping must be becalmed , and our sea-men will leave us , as they already do , which i shall more particularly observe in the following sections . in the mean time it must be apparent , that if we had disposed our selves to a cheaper way of building and sailing , our trading-ships ( being as practicable here as in holland ) and had eased our merchandize and trade to an equal degree , these , and all other the aforesaid mischiefs , had been prevented , and we might have supported a more swelling and beneficial navigation than that of the vnited provinces ; who are so far from making use of any expedient of this nature , that they allow free commerce to all forreigners , and their ships ; nor can the like expedient be found in any nation on the earth , who have or aspire to a great navigation or trade ; 't is confessed the like act was made by the rump , but 't was on the occasion of their dutch war , and intended ( as 't is said ) to exclude the dutch from the benefit of our trade and ports ; however it were , we are not to learn the rump might be mistaken in their calculations . if the people of a nation have free liberty to sell at home to all merchants , they must necessarily have the utmost choice of chapmen for manufactures and home commodities , and by consequence the best and utmost market and vent as far as the stocks , treasures , industry , navigations and occasions of the world will bear , and it is known that the most thrifty merchants , and near livers , and those that trade most universally , and with the greatest stocks , and cheapest , are ordinarily able to buy dearest , and sell cheapest ; and if our natives were un-confined , they would have liberty to deal with any forreigners on the earth thus qualified ; but our natives being restrained to our own merchants , and their own national stock in merchandize ; let the particular stocks of our merchants be never so small , let them trade never so dear , or so little , let them live never so high and costly , yet our natives manufactures and others must pay for all , by selling cheaper to our merchants , and buying of them dearer ; for the merchants are in a capacity to buy so and sell so at home , as to satisfie themselves , and maintain the equipage they live in , with much overplus . but our clothiers , and some others , have complained , that they are yet farther confined in their choice of chapmen , since the english merchants are confined to the trading companies and their stocks ; which does first give me occasion to consider the constitutions of our english forreign trading-companies , and of what consequence they are in trade . this i shall do ( as i think it will appear ) without any partiality , protesting that i bear no malice or personal ill will against any company , or member of any company in england , but on the contrary , have an high esteem for as many of these and other merchants as i am acquainted with , having found them very worthy men , and such as much desire the general good , and therefore hope they will close with the common interest in what relates to themselves . particular men have too long flattered themselves with a corrupt opinion , that they may gain by the common loss , and that it will hold out their times , which i do not say with any particular reflection on these , or any other traders ; being the ordinary maxim or prudential of our cunning men of all kinds . of the first and more ancient sort are our regulated companies , or such as are so called , such as are the turky , hamburgh , muscovy , and eastland companies , whose incorporations have been always accompted legal , being intended for the better regulation of some particular forreign trades , and for the raising and support of common charges , and for those purposes are enabled to act by committees . the members of these companies trading on their distinct stocks , seem to leave the same choice of chapmen to our manufacturers , wherefore i cannot observe but that such companies might consist with a flourishing trade , if according to their appellations they be really regulated , ( that is ) provided all english-men ( according to their right ) be left at liberty to become members , and trade , upon terms that are not oppressive . secondly , that these companies be not permitted to make such by-laws for their private ends , as may prove advantagious to the members of the company , but prejudicial to the nation ; a thing very practicable , as suppose they should prolong their times of buying our home commodities , or confine the market to some such particular places at home as may be convenient for themselves , but injurious to our manufacturers , or other natives , or should trade to few ports where they can have extraordinary rates and terms , when they might trade to more , and consequently vend more commodity ; or should endeavour to set the dice on foreigners , by arbitrary prizes or otherwise , whereby forreigners may be disaffected with our commerce ; experience hath shown that private interest hath carryed some of them into such or the like irregularities , it would be too long to instance in particulars , i shall only say , that those of the last sort made forreigners the more impatient till they had set up their woollen manufactures . our east-india and affrican companies are of another kind , and of a latter creation , having gotten pattents of the sole trade of great part of the world exclusive to the rest of his majesties subjects , which they manage upon joynt-stocks ; of which i shall shew the generall ordinary consequences , and then examine how far they are applicable to the particular cases of these companies . first , in the nature of such companies they must be as injurious as may be to all home-manufactures made of our own materialls , and the vent of our other exports , because by trading on a joynt-stock they make but one buyer , and therefore have a monopoly for all exportable goods proper only for the forreign nations within their pattents , and must contract the choice of chapmen for all other goods proper for these and other countrys ; now the confining of the market and choice of chapmen in any degree is dangerous and prejudiciall to trade , and in a larger sence may be called a monopoly , but it is far more mischievous when the election is totally lost , for then those who have the monopoly may , and therefore will , buy at their own prizes . secondly , for the same reason they must be yet more injurious to home-manufactures made of forreign materialls ; for first , they will sell the materialls as dear , and then buy the manufacture as cheap as they please ; which must subvert any manufacture in a trice , especially if made of forreign materials bought cheaper by forreign manufacturers ; suppose then the east-india company by their commodity of money , should so far divert the market as to beat out the turky company in the trade of raw-silks , at what rates would our silk-weavers buy raw-silks ? or will it be said a company on a joynt-stock , will so much value the national interest as to sell as low as the commodity is sold for in other nations ? or if it will be said , who will believe it ? was ever any such thing done either by the english , dutch , or east-india companies ? did they ever yet endeavour to beat out one another in trade by low selling ? no , this is never the effect of choice ; were a third east-india company in france on a joynt-stock , they would hold up the prizes ; the advantage got to a nation by underselling is the effect of necessity , or high convenience ; when the sellers being infinite , some of them are ready , and all long for dispatch and a new adventure , whereby they work down one another to as low a prize as the commodity can be afforded at ; of all which we have an undenyable example in the present affrican company , who were no sooner constituted , but they raised the price of imported red-wood , which before was sold at . and l. per tun , to l. per tun , which must make our exported dyed cloaths of all sorts so much the dearer ; and being an intolerable rate , put our dyers upon finding out the use of saunders , which they still continue ; and as a farther confirmation of this , and what i said before , i shall add , that after the election of this company , all goods proper for that trade only sunk at least l. per cent. nor would the th . part of the same goods be vended to the said company as there was before , to our merchants driving an open trade . thirdly , for the same reason such a company must be as injurious to the trade from port to port ; for having also a monopoly in selling , they may and will impose arbitrary prizes on the buyers , and then the merchants or re-exporters who buy goods so dear , must be undersold by any other nation which drives a free and open trade to the same place from whence they are imported ; this is self-evident , and therefore i should not instance in fact , but that i have it on good authority ; that even in the east-india trade , which is alledged to be out of the common rules of trade , whilst the trade was open , viz. in the years , , and . our merchants sold the indian commodities so low , that they furnished more parts of europe then since we have done , nay , holland and amsterdam it self ; and that this very much sunk the actions of the dutch east-india company : a thing which stands with reason ; and which therefore recommends an open trade to india , if it may be so driven with long continuance , whereof i shall farther consider . fourthly , these companies having also monopolies on these forreign natives with whom they trade , may set arbitrary prizes upon them , for our home-manufactures exported ; and will get more , by selling a little very dear , then by selling much more at moderate profit : and though the joynt-stock imployed be not sufficient to manage the trade any thing near the full advantage , yet those interested in it , will have reason to be satisfyed with the returns they make , since in proportion to the stock , they may be very great ; and for the same reason , may be well contented to trade to a few ports where they can have great rates . ly , the industry , courage and ingenuity of all the rest of the natives ( by which as much as by stock all trade is improved ) are shut out , which must not only be a prejudice to the trade in general , but is a hardship put on the rest , who by their birth rights are equally intituled to all trade ; upon all which accompts , the legality of sole importing , sole buying , and sole vending , hath been formerly brought in question , and denyed in our greatest judicatures ; and should it be generally admitted , by the same reason , the rest of our forreign trade might be inclosed to two or three more companys , and then we should have but three or four chapmen or shops for all exported and imported commodities ; nay the whole might be granted or reserved to one company , or one man : in any of which cases what would become of property ? such is the case of the general body of our merchants already , that having in a manner lost the eastland and northern trades , they are shut out of the affrican , indian , and persian , chinese , and other mighty trades within those patents : since this out of the french trade , and therefore are thronged into the streights , and other narrow remnants , and yet is this the usual preferment of most of the younger sons of the gentry of england . sixthly , though our other merchants on their single accompts export much treasure , yet cannot it so easily be done , or not in so great quality , as by such a company ; whose joint stock having a great credit , can take up as much ready money as they want ; whereas those who will not trust a single trader with a l. in mony will trust him with l. worth of commodity , as common exerience shews : and 't is affirmed , that during our trade in . and . we exported more commodities , viz. cloth , & other things , then since we have done to this is objected , that the east-india trade so far differs from others , that it cannot be supported , or not with so much advantage and security , ( which i admit to be all one ) without a joint stock , which if true , there is no doubt but it ought to be so managed . this then is one great question , in the mean time i hear nothing of this so much as alledged for the affrican company : the reasons given , depend upon pretended facts in india , viz. the necessity of great common charges in gratifying and corresponding with the indian princes , and keeping forts and forces for the defence of our factories there , which they say could never be supported but out of a joint stock in trade . to which others answer , st . that it may be true , great common charges are necesssary , & much greater then our company are at , but that common charges may be rais'd by a regulated company on goods imploy'd in trade , or on other parts of the traders estates , if the company are impower'd to make levies , which is no more then every parish are enabled to do for church-poor and other things : and that 't is the same thing for a man to be assubjected to levies out of that part of his distinct stock which is not in trade , as 't is to make good any publick charge or loss out of his joint-stock . or secondly , they say , that if this trade be taken into the protection of the government , it will have the joint stock of the kingdom to secure it , the same by which we are all secured : they offer what we were able to do in our open trade in . . and . but as a demonstration , urge the example of the portuguese , who in an open trade ( i do not mean in an anarchy nor without conduct and order ) made near or full as great a progress in this trade as the dutch , whilest their government gave sufficient assistance , which they say , also answers what hath been objected from the supposed disorder of our trade in those parts , should it lye open , and the capacity the natives would be then in , of setting the dice upon the english : and as a further answer to this they say , the same thing may be objected against all other open trade in the world. but then those for our company , object the example of the dutch , who being a nation so wise in trade , successfully manage the east-india trade by a company on a joint stock ; which being matter of fact , is beyond all the argument in the world. to which is answered , that this example proves that a company in a joint stock may make a great progress in it , but does not disprove the like , or a greater progress under a regulated or open trade . ly . that on the first custom of this company , and ever since , the dutch had most of the trade from port to port , and carriage throughout the rest of the world ; and therefore might with less disadvantage to the rest of the dutch merchants inclose this to a company . ly , that that company was occasioned by the distinct bands or voluntary associations of merchants in the several provinces , who first undertook this trade , which being soon after the union , and the provinces having originally seperate rights , the said associations had not so good a correspondence as was necessary , which could never fall out under a regulated company of one nation . ly , that the constitution of this company being intended for a present reconciliation of these interests , was originally but for . years , and was afterwards continued , because the company growing so rich and powerfull both abroad and at home , the members were generally chosen states , and therefore above any attacque at home from the rest . ly , that as the dutch company is constituted , and have managed this trade , it hath redownded to almost , if not fully to as general an advantage , as if managed by an open or regulated trade : in which they say our company is much defective ; & that supposing a joint stock necessary , or highly convenient , yet if we might manage ours to more national advantage , it were but fit it should be done . to prove this might be done , those for a more open trade urge , that our now east-india patent contains near or fully one third part of the world , and therefore must have many hundreds , if not thousands of parts , that whereas their priviledge begins at the cape of good hope , it is from thence above miles , upon the coast of affrick to the red sea , in all which they do not trade to one port , and very little ▪ if any thing , in the red sea : which they say might be done to considerable advantage , and much more to persia , then we now do ; that in india our company do not trade to above . or . ports , nor vend our woollen manufactures at above . or . ports , and there very dear , who sell again much dearer , and to ingrossers , which hinders the vent : that in china , or japan , they have no trade at all , where ( to use these words of the author ) of the book in defence of the company , ) in all likelyhood more considerable quantities of our woollen manufactures might be vended , and from thence in return thereof gold , silver , and copper might be brought to supply at least , in a great measure , the trade in other parts of india , without carrying so much out of europe : but these trades ( he says ) are not so easily gained as some fancy , great hazards of considerable stocks must be run , &c. whereas , they say were a greater share of the industry and vigour of the nation now pent up , and greater stocks now worse imployed , or idle , let into this trade , we might hope for a great trade to the ports now of no use to the company , for that in fact the dutch company trade to all ports in india , china , japan , &c. and drive a mighty trade to persia with the commodities of those countreys , viz. spice of all sorts , &c. dly . they say by this our want of a sufficient commerce in india there is a very small navigation imployed in this mighty trade , of what might be , being not above , or . ships to and from india in a direct course , and in india so inconsiderable that it is not worth the noting : that for this reason , and because we there vend so little commodity , our company does trade with vast quantlties of exported treasuri , insomuch that upon search of the custome books of the port of london only , it appeared by the entrys , that the gold and silver exported for india by the said company from the d . of march , to the th . of march , amounted to . sixty odd thousand pounds sterling ; besides what might be entred in the out-ports , and without entry privately exported , which those that understand this trade will not think a little : the author of the aforesaid pamphlet confesses , that from the end of the year , to the beginning of the year , was exported to india about l. more , in which perhaps we have reason to be suspitious of his modesty : ( it were a nationall work to search the entrys for this and the other years succeeding ) that 't is the exporting of this money that endears our company to the indian princes , and buys their protection , who otherwise might destroy them if they would , our company , having not above or people in it , their sort st. george , including factors and agents of all sorts , and at bombey fewer . whereas , that on the other side the portuguese whilst they had the trade of the indys , though under no company , supported a vast navigation there to serve the occasions of those mighty empires and their own ; that since the dutch have supplanted the portuguese ; they have yet a greater , having there thousands of ships trading from port to port in the indies , persia , &c. besides , or , ( if need be ) more men of war , and keep great armies in pay : that they have gotten many spacious countrys , islands , and populous citys of their own , whereof batavia is near as big and rich as amsterdam ; besides divers tributary kingdoms , whom they have forced into a profitable complyance , and were it not for fear of the english power at home , could dayly ruin us at their pleasure : that by the greatness of their trade in these parts , they gain so considerably , that they can fraight home their great fleets with the most valuable commodities in the indies ; being the result of their industry in those parts , not of their exported money . ly . that the subscribers to our east-india stock were originally but few , and the stock but small , that divers of the shares being now bought in and consolidated into particular hands , there are not above . or . persons or thereabouts considerably concerned in the joynt-stock ; that although the stock be not near sufficient to manage even the present trade , and therefore could admit of more depositums of money , which would let in a greater number of our people , the company to prevent the necessity of it , do take up or l. at interest at per cent. which by their dear sales at home yields them or per cent. or more ; that as the trade redounds to the benefit of few at home , so to as few in india , the companies , factories and imployments being few , and most lye divided amongst men of mean condition , who will depend solely on the company , being originally hospitall boys or such like , and all others restrained to traffick , frequent or haunt the indies , or places within their pattent , by a clause therein , under penaltys of imprisonment , seizures and confiscations , frequently and severely exempted by the company , how legally i leave to be examined : that upon this accompt , even those few seamen or others whom they permit to deal for themselves , can make little profit , being charged with great mulcts , made payable to the company at their discretion for all the commodities they export or import . whereas the original stock of the dutch company was l and this in the year . and the number of the sharers in the dutch company of all sorts , and of those considerably concerned , are vastly more , then in our english company , proved by their ordinary councils or chambers of curators of this their company in each province ; besides their superiour assemblies , amounting to great numbers , all which are but deputies of far greater numbers ; that besides their navigation trade , judicature , and war in the indies , let in multitudes of others , into very profitable imployments , so that in effect they make up another potent government , for the aid of their nation in all exigencies . i have been the more copious on this particular subject , first , because of the apprehensions or pretences of some , that our stupendious advantage in this trade gives us a kinde of national security , so that no sooner can others mention any defect in our trade , but they are presently told of our trade to the indies , the wealth of the indies , and our navigation to and in the indies . and yet i shall admit , though with little reputation to the rest , that our east-india trade , such as it is , seems the most flourishing branch of the whole , and therefore that the gentlemen concerned in this company have evidenced their conduct in the present way of trade . ly , i shall not much contest but that the indian commodities consumed at home , and re-exported , may ( as the rest of our trade is now managed ) prevent the exportation of near as much money to our neighbouring nations , viz. by the use of callicoes instead of other linnens , by a barter of these and the rest of our indian commodities in france and other parts for other consumptive goods ; in which there is an advantage , because the less money we part with to our neighbours , they will be in the less capacity to hurt us , but this does not prove the indian goods re-exported bring in the treasure exported to india , since the whole , or a great share of it may be , and is by the circulation of forreign contracts finally resolved into other consumptive importations , of so dangerous a consequence it is to export money . but suppose the indian goods , re-exported bring us in more treasure , yet is it evident from such facts as i have mentioned before as are admitted by the company , and such as are indisputable , that this part of our trade ( which before . was managed by the like company ) was never improved to any great or considerable degree , in comparison of the progress made by all other nations which have undertaken it : whereof there must be causes and reasons highly necessary to be examined and regulated ; i shall add , that for those other facts relating to the present debate which seem of less notority , they are such , as to my knowledge were affirmed by many credible witnesses , and by them intended to be proved before a committee of the house of commons , upon the occasion of a petition there formerly exhibited by the clothyers , but having attended several days , were never heard , because the parliament was engaged in other things , and afterwards prorogued : but i doubt not they are all ready to attest the same and more before that judicature ; which i say , that it may not be thought that i have highly or officiously reported any of the aforesaid allegations to the same judicature , i shall leave it to be determined by what expedients to enlarge this trade , being in a matter of this importance contented to have opened some questions and facts relating to it : i am so free from any malice to the company , or any man so much as concerned in it or envying their gains , that for a more easy composure of things , i hartily wish there may be found some more beneficiall nationall and comprehensive way of managing this trade by a joynt stock , that thereby the present interests of the gent. of this company may be secured , nay and improved ; if this cannot be done , then submit it to farther consideration how just and reasonable it is that these gent. should have compensation for what they shall really lose by the dissolution of the company . i shall conclude this with remarking , first , that the dutch east-india company trading on a joynt-stock , and therefore with as much disadvantage to their re-exporting merchants as the english , hath been a means to preserve us this limb of trade from port to port in callicoes , pepper , &c. and probably the rather because our trading in money hath so far debosh'd the indian market , that the dutch are not over-ready to deal for these commodities , and therefore principally apply themselves to their richer spice trade whereof they have the monopoly . this restraint of our market to our own merchants and companies , hath yet brought a farther mischief upon our manufactures , because our companies being seated in london , our natives are forced to bring their manufactures thither by land carriages , some of of which are so long that they are as chargeable as a voyage to spain or turky , quantity for quantity ; all which is superadded to the originall charge of the manufacture ; our clothiers have also complained , that when they have brought their cloaths to london , they have been frequently and long delayed before they have been able to vend them ; which whether it hath proceeded from any correspondence or intelligence between the companies , their committees or agents their want of stocks or universall trade , or from the dearness of our course of merchandize , and the consequentiall obstructions in the forreign market , or from all together , i shall not positively undertake to say : but certain it is that in this case our clothiers for want of a quick market lose the interest of so much of their stocks as lyes dead , which also is superadded to the first cost of their manufacture ; but yet being made necessitous by delay , and confined to the london market , are forced to sell cheap : and then are the poor manufacturers most miserable , when on the one hand the charges they are at oblige them to sell dear , but yet are confined in their just demands . it may be remembred here that the odds in interest of money between england and holland , and england and france , ( where none is allowed to be taken under the highest penaltys ) must as much prejudice our manufactures as our forreign trade , by the unequall charge it brings on our manufacturers , which charge is still increased as they are longer delayed . the freedom of the market being of so great importance ; it must also follow , that the like cloggs and incumbrances put upon the trades of ware-house keeping and shop-keeping , must have ill effects on the national trade , because these trades make up the publick marts and markets , as hath been said . from the contents of this and the last section it may be observed , that it is not only necessary to ease the course of merchandise , but to remove all other cloggs and restraints on the home market ; for though our merchants should be able to trade as cheap as forreigners , yet if it should lye in their disposition to impose on the rest of the people , ( whether manufacturers , shop-keepers or others ) the merchants might gain much more then now they do , but our manufacturers and other natives might be still sufferers in some degree ; 't is too apparent that our english clothiers have made so ill markets at london , that they have lived poorly and got little or nothing , whilst the merchants have lived splendidly and laid up money , the like may be said of others . and here it may be farther observed how predominant private interest hath been amongst us , and how finely it hath spun the thread ; our land-holders have thought to ease themselves by thrusting great part of the publick charges , upon trade , the merchants in exchange have gotten monopolies on the land-holders , and people for all goods exported and imported ; and of these some companies trading on joint stocks have got monopolies exclusive to the rest ; but at the same time we have given all forreign nations monoplies on the english , in all which we have been eagerly seeking to get advantages on one another , but have laid our selves open to forreigners ; who ( whilst we scrable for the present wealth in the nation ) take it out of our fingers at their pleasure . to which may be added as a farther obstruction to the growth of our manufactures , that our people have gotten a vain and imoderate affectation and use of forreign manufactures and comodities ; which must necessarily sink the market at home for our own of the same kind ; for the same quantity of home commodity wanting of its former rent , must stagnate and lye on the owners hands , who either will not be able to sell it at any rate , or must sell it much the cheaper . this deadness and cheapness of any manufacture , on this or any other occasion , will have a very ill consequence ; for it must presently sink the manufacturers wages and discourage the master of the work ; and then in case the market doth not mend in some reasonable time , they will withdraw both their labour and stock . nay this , or little better , must be the ordinary fate of all our manufactures , by the meer want of a forreign vent ; for as any of our manufactures which supply our national use , draws in more and more of our people till the manufactures becomes too bulkey to receive a full vent at home , it must then equally stagnate on the hands of all that are concerned in it ; at least render them necessitous , and endanger the manufacture : the increase of imported raw-silk from turky in barter for our cloath , occasioned the increase of our silk manufacture ; what is now like to become of it may be seen . before i go to the next section , i shall yet observe these farther inconveniences from the aforesaid constitutions and course of our forreign merchandize . first , that our manufactures being confined to buy of our own merchants and companies are not only subject to buy forreign materials of manufacture at such prizes as they can and will please to afford them , but must be contented to buy worse materials then other nations make use of , in case our merchants for their own gain , or by negligence of their factors , import worse . dly , that forreign materials of manufacture being thus straitly imported into england , gives our traders frequent opportunity to ingrosse imported commodities , ( both materialls of munufacture and others , ) and thereby to impose times the currant prize in other nations upon our manufacturers or other buyers , which must not only disable our manufactures , but hinder re exportation ; this ingrossing trade is the daily design of a sort of cunning men amongst us ; which with stealing customes , and importing and vending prohibited goods , are the ordinary methods of getting an estate on a suddain . dly , the seeming ease we have by a restitution of half customes upon re-exportation , is so far from being really such , that it not only leav●● the great disproportion and charge mentioned in the last section , but in cases where our imported materials of manufacture are re-exported , being a further unequall charge on our english manufacturers ; because that when re-exported and sold , the forreign buyers are eased of about half the duties paid , especially if sold so near as holland or france ; of what consequence then must this be in the silk-manufacture ? ( supposing holland or france could not be otherwise provided of raw silk ) and so in others , but more particularly in our imported dying stuffs , and raw sugars from the west indyes , which are materialls peculiar to the english ; but by this disadvantage in re-exportation are now mostly manufactured by forreigners ; of which i shall have occasion to say more , upon consideration of our present plantation-trade , in the mean time , upon what hath been already said , and what i shall adde in the next section , let any man judge how causelessely our poor people are taxed with dear selling their manufactures , with sloath and other inconsiderable reproaches by such as live at ease . sect . vii . forreigners eased in trade ; other clogs of difficulties upon ours ; want of populacy , incidently of extream prizes of victuals , and how the duration of land-rents may be secured , our people restrained from manufactures ; the abuse of the act of . eliz. . act of . eliz. cap. . meer prohibitions of no value . freedomes and pre-emtions of corporations , with the consequences : free-schools and scholar-like imployments : forreign protestants hindered from transporting hither ; want of toleration of protestants dissenters ; the objections briefly considered : elections in corporations . monopolyes of new manufactures : delay and charge in some law-suits . tyths of hemp , flax , and fish , more of customes , and incidently of taxes . from the foregoing sections , it appears how dangerous it is to clog trade . it is like putting a pound weight at the end of a pole , which is heavier then . times so much placed at the hand , for so a small impost or difficulty on trade shall work down all land revenues more then the sums actually paid ; nay land-rents will rise under greater taxes , where home and forreign trade is left open and free , as experience hath shown in holland and elsewhere . dly . that the charges and clogs on trade are to be estimated tolerable or inconvenient by comparison , as they are more or less then the charges on trade in other nations , and therefore , that it is of high importance to watch the pollicies of other nations in trade ; if other nations trade with as much disadvantage to their natives as the english , they never out-strip us ; but if they ease and facilitate their trade at home and abroad , so must we , else they will beat us out . what then are we to expect whilest our neighbouring forreigners continue to have the aforesaid advantages upon us in course of forreign merchandize , when also the home-vent of their manufactures is not confined to the merchants of one nation , nor compnyes of one town , when their manstfacturers are not obliged to the charge of long land-carriages , nor opprest with delays , but can sell when and where they please , and to all merchants aliens , aswell as to their own , and therefore have an unlimitted and most profitable market . the odds in populacy must also produce the like odds in manufacture ; plenty of people must also cause cheapnesse of wages ; which will cause the cheapnesse of the manufacture ; in a scarcity of people wages must be dearer , which must cause the dearnesse of the manufacture ; but this populacy i speak of , must not be understood of those people which the extent of territory makes necessary for the meer tilling of the ground , keeping of cattle &c. for in this sence there is no doubt , but the grand seigniors or spanish dominions are more populous then holland ; the populacy i intend and which only can be serviceable to manufacture , are those exuberant numbers which cannot find imployment in husdandry , nor otherwise but in trade ; in which sence france and the vnited provinces are most populous ; their trade and people have grown up together , having nourished one another ; the like may be said of some parts of germany and italy . but on the other side england never was so populous as it might have been , and undenyably must now be far lesse populous then ever , having so lately peopled our vast american plantations and ireland ; the decay of our manufactures hath much depopulated our inland corporations of the villages adjacent ; the decay of our fishing trade our sea-towns ; i know this want of people is hardly credible with many who see no farther then their own ease and gain ; they will tell us , we have so many people already that we know not what to do with them ; which is true , and so they have in spain , where their villages are in a manner forsaken , and many of their great cities and towns lie half empty ; most of their ordinary people having no employment at home , are gone to america , those that remain chiefly consisting in gentlemen , lawyers , officers and shopkeepers , with their necessary men of husbandry and servants : i must not omit priests and beggars , since to the honour and comfort of spain they make about a fourth or fifth part of the whole ; there is little or no support for other ranks of men : how near this we are in england let any man judge , or how soon we shall come to it through the decay of our manufactures ; what an uproar have we already in an english parish if a poor young couple happen to marry , or a man with children chance to get into a house ? how they are tossed from justice to justice , and from pillar to post , by vertue of the several acts for settlement of poor ? and what joy there is when these clogs are removed ? which acts and prosecutions regularly and daily force many out of the nation , and in effect banish them by act of parliament ; 't is like , that besides the inquisition , the proud spaniards had some such expedients as these to be rid of this kinde of lumber ; they would be now glad of those laborious drudges to encounter the populous french. being upon this subject i cannot omit to observe the bad consequences of some others of our late laws , made to raise the prizes of victualls , which doubtless were projected for the raising land rents , viz. the acts for transportation of corn , and the acts against the importing irish and scotch cattle , which had they the full effects intended , must much assist both in depopulating the nation , and subverting our remaining manufactures ; for if the manufacturers buy his victualls at excessive rates , at what rates must he sell his manufacture , or how shall he live ? especially in a time when his manufactures fall upon his hands daily ? but this will mainly dissatisfy some , who will have no manufacture or trade , if the price of the victualls must not be excessive , for then say they , how can the vallue of lands be raised ? to which i answer , first , that the products of lands do not wholly consist in victualls , and that much land is to be applied to many other as profitable , and ( perhaps more profitable ways ) then for meer victualls , especially in a nation abounding in trade and people ; for this i shall refer to our copious books of husbandry , which then may do us much good , but little or none before . secondly , that though victualls be not at a very excessive price , yet if there be a quick and great market at a midling price , it will raise and hold up the vallue of lands , as experience hath proved of late years . but thirdly , it is impossible the vallue of lands can be much raised by the meer raising of the price of victualls , especially in a nation but thin of people ; nor would such a revenue endure or be tollerable ; perhaps the spanish dons did once raise the prizes of victualls , or suppose they should do it now , what weighty effect would it have , unless to drive all the rest of the spaniards into america ? but that which will most certainly and durably raise the revenue of land must be the encrease of treasure and trading people ; suppose the people of england were trebled , 't is plain that the land must yield treble the produce in meer victualls , else the people must starve ; but these people will not starve , especially trading people , nor will they live needily , or scarcely if they can help it , and will therefore set themselves and others to the improving of all corners of land in the nation , till our lands produce more then treble the victualls they now do , a thing very practicable , and then supposing victualls as cheap and cheaper then now , land will ordinarily be treble it 's present vallue , especially if we consider how much may be then applyed to raise hemp , flax , and other necessary and profitable things , with the increase of wool , hides , tallow , &c. and as the people increase , so will the vallue of the land ; there is no doubt but england upon the utmost improvement might maintain times its present number of people , nay times with an indifferent use of that mighty plenty of fish our own sea affords us ; there is as little doubt but upon a great increase of people and mony , victualls will be rather too dear , and that laws may be then requisite to restrain the price . such was the ancient populacy of england , that we had formerly statutes made in restraint of the exportation of corn , our flesh also found vent , though our people kept lents , ember-weeks , and fasting days ; wherein they fed on fish and white meats , and yet we read of famines in those days ; whereas now we finde it necessary to export all the corn we can , we eat very little fish , and have made acts against the importation of forreign cattle ( which by the way gave a monopoly to a few english and welch breeding counties on all the rest of the nation , ) and yet we thought our markets over-clogged . but england is not only prejudiced by the paucity of people , but we have another rank of statutes which hinder very many of those we have from applying themselves to manufacture : one is the stat. of th . eliz. cap. . which according to the intention of it seems necessary now when we have such a vast increase of poor ; but such is the arbitrary latitude given by the act to over-seers and justices , that many of our laborious people well able to work , by clamour or favour get parish maintenances , choosing rather to live lazily by this means , assisted with some pilfering . then we have the stat. of th . eliz. cap. . which ( though it gratifies the blinde avarice of some of our corporation men ) is more prejudicial , by restraining our people to work in manufacture , unless they have served an apprentiship full seaven years , which is so long a term of drudgery and slavery before they can reap any fruit of their labors , that parents are deterred from putting their children apprentices to manufacture ; nor will many of our youths or young men be brought to it especially the most apt and docile , and those of ripeness of years , of which many would be more perfect in or years then others in , and therefore they betake themselves to other more easy and ready imployments , or else live idle . the same act does very strangely provide that no man shall take an apprentice for woollen manufacture in any town corporate , unlesse such apprentice be his son , or the father or mother of such apprentice have the clear yearly vallue of s. inheritance , nor in any market-town or village unlesse he be his son , or his father or mother have the clear yearly value of l. inheritance , which clause apparently shuts out at least parts of the people in , from the woollen manufacture ; and by consequence tends to the depopulation of our inland towns , the increase of rogues , vagabonds and poor ; these difficulties on trade begot the act of the . eliz. and many others of the like nature , and thereby much work for our justices . which by the way may give occasion to observe how vain it is to make acts against rogues , vagabonds , or poor , nay against thefts or murthers , how little the houses of correction , whipping-posts , pillories , or gallows can prevail , whilst our other constitutions drive our people into necessities , nor any prohibitory or penal law , ever have the intended effect , unless the grounds and causes of the mischiefs be removed ; of which i shall say more when i come to speak of our late prohibition of french goods . amongst the restraints on our english trade , the inclosure of trade to the freemen of corporations , and guilds , may be deservedly mentioned as one . this priviledge is claimed by most , or all of our ancient corporations , and might be well intended at first by the donors , but as now used is very prejudicial ; for the power of admitting free-men being generally lodged in a councel or committee of a few free-men , any forreigner ( and such they call all those who are not sons or apprentices of seven years standing to a free-man in the same town ) must buy his freedom before he can exercise any open trade there ; for which these free-men are left at liberty to demand as great and arbitrary price as they please , or if they will , may wholly refuse ; whence it commonly follows , that beginners in manufacture , and other trades , being forreigners , and having but small stocks , can never obtain freedom , and without it are burthened and plagued with by-laws , penalties , distresses , and seizures ; nay , if a man be exquisite in his trade , he shall hardly get a freedom for money , in a corporation where there are more free of the same trade ; for then he is lookt on as a dangerous person , and likely to eat the bread out of their mouths , ( as they phrase it ) in which they will gratifie , and influence one another , being the common cause , and can easily do it : the fewer free-men there are in a trade , they think the rest may get the more ; and thus are most of our ancient corporations and guilds become oppressive oligarchies , excluding or discouraging the english subjects from trading in our greatest and best situated towns , where the markets are ; and which are therefore the most proper and ready seats for manufacture , and other commerce : for this , and the act of the th of eliz. our corporation-men have only this to say , that care ought to be taken , that none but persons skilful should exercise any trade , which is true ; but the law of necessity , common sence , and experience , provides sufficiently for this , since an unskilful artificer or trader will not find imployment , and therefore must receive due punishment by his own ignorance : 't is confessed , manufactures may be made deceitfully , which may disgrace and prejudice our vent abroad ; but this fraud is an act of skill , which cannot be discovered or prevented , without the daily scrutinies of judicious persons ; for which our other former statutes have already made some provision , but defective ; it were to be wished , there was a constant judicature of men knowing in trade in every county to supervise the sufficiency of manufactures : in the mean time this argument for the support of the act of the th of eliz. and freedoms must appear very fallacious , since both the act and the freedoms serve only to exclude the english subjects , and of those many of the most skilful , from trade , and by inclosing manufactures to a few , hinder their growth , and make them far dearer . a farther inconvenience of these freedoms is , that the pre-emption of our manufactures , and imported goods , in most of our inferiour corporations and cities , as well as in london , is in a manner inclosed to the number and stocks of the free-men , and is very much subject to their pleasures , by reason of their union and correspondence in counsels : so that he who would escape the long land-carriages to london , and london companies , must fall into the hands of these other free-men ; these free-men have generally so brave a time of it , that they can live in ease and plenty , ( every shop resembling an office ) whilst the laborious part of our traders are ready to perish ; which priviledges could not have survived the statute of jac. against monopolies , but that they are saved by a special proviso in that statute ; so civil were the burgesses of corporations at that time . our trade being thus clogged , and the very avenues to manufactures so much narrowed and choaked up , it doth not a little help to the subverting of our manufactures , and other trade , that the passages to other preferments are made so open and easie , at present i mean all those that depend upon literature , in which our youth are led from step to step by all manner of incouragements ; first , by the multitude of our late endowed free-schools , where every ordinary man's son is taught latin , greek , and hebrew , for a small matter ; and then is above manufacture : then we have two mighty endowed universities , where there will , at least , be hope of preferment , let the throng be never so thick ; and thence they have farther and more comfortable prospects ; and in the mean time live easie , at little or no charge , as servitors , or on small stipends , till they become scholars of houses , &c. others of these free-sehool-boys grow pen-men of all sorts ; and all these are a sort of gentlemen-like ways of living , which intitle them to be called masters , which gives a main temptation both to parents and children ; who on the other hand , see the contemptible and miserable condition of our poor clothworkers , and other ordinary artificers , who at the best are called mechanick fellows ; and what is yet farther mischievous is , that our youth thus educated , never reading any thing of manufacture , exportation , or importation , in homer and virgil , or their colledge notes , and being from thence carried to other studies , which have no cognation with trade , can ordinarily have no sensation of the advantages of it ; like a bowl which hath a rub at hand , the farther they go , the more they are divided from it ; whence it hath unfortunately ensued , that our men of learning are either generally silent in this matter , or else , being inclin'd to think it the sole concern of the dirty and servile part of the people , speak of it with contempt , and some with reflection ; by whom most others being influenced , we are still pretending to be more accurate in logick and philosophy , ( which howsoever otherwise useful , do not add two-pence a year to the riches of the nation ) we continue to squeeze all the sapless papers and fragments of antiquity ; we grow mighty well acquainted with the old heathen-gods , towns , and people ; we prize our selves in fruitless curiosities ; we turn our lice and fleas into bulls and pigs by our magnifying-glasses ; we are searching for the world in the moon with our telescopes ; we send to weigh the air on the top of teneriffe ; we invent pacing saddles , and gimcracks of all sorts ; all which are voted ingenuities , whilst the notions of trade are turned into ridicule , or much out of fashion . in all which we are very short of the policies of our neighbours , the french , dutch , and other trading and wise nations ; who on the one hand have no laws or constitutions to restrain or exclude their people from manufacture , nor to ferret them away ; and on the other , do consider trade as an honorary and almost sacred thing , and do highly esteem and cherish their manufacturers , as well as their other necessary traders . now should these restraints and discouragements ono ur own people and trade be removed , it would doubtless much advantage our trade in some time ; but would not bring us so sudden an increase of people ▪ manufacturers , ships , and riches , as is highly requisite for the carrying on of a mighty trade , or perhaps for our national security ; nor can these so suddenly be had , but from other parts of the world , where they are moving ; men , ships , or riches , do not grow on the trees , nor yet drop out of the clouds . but we have such another rank of laws against forreigners , that we are not to hope forreigners will come hither ; i mean those which disable forreigners from trading in england ; therefore we must first have a law of general naturalization of protestant-forreigners , though to the displeasure of many of our own self-interested ignorant traders , nor will that do , without a repeal of the act of the th eliz. cap. . and a compleat regulation of our trade ; for neither manufacturers or merchants will remove from their own countries hither to sit idle ; nor will all this bring us over any great numbers , without some toleration of their consciences , no not of forreign protestants , who differ much from us in several points which they think material ; all which is demonstrated in fact by the success of his majesties proclamation at the beginning of our last dutch war ; by which forreigners , then under the utmost terrors , were invited to the liberties and plenties of england ; but we see few or none of them came or stay'd with us on this incouragement : in this the dutch have a further advantage upon us , since they allow free ports , free trade , and all other national freedoms to forreigners ; whereby their people of all sorts , their navigation and stocks in trade , have increased continually . so are the most considerable french ports free , ( unless for goods prohibited , as in holland some are ; ) no sooner was dunkirke in the hands of the french king , but he made it a free port ; so hath he invited all forreign artificers into france , by granting them as great , or greater freedoms than his own subjects enjoy . there are yet others of our laws , which must prejudice our trade of all sorts , and give a farther advantage to the dutch and french , i mean those which inflict penalties on protestant dissenters ; not only because they may hinder the transplanting of forreign protestant artificers , or merchants , but because they disable many of those we have in england already , from carrying on any manner of trades ; and if so , then in effect they are not people , since they cannot answer the ends of people , but are rather the trunks and signs of men in a nation , their industries and ingenuities being lock'd up ; suppose two or of our own people disabled , it may be presumed more than a million per annum loss to the nation ; what then may be our loss by the shutting out a far greater number ? perhaps ten times the number of forreign protestants , and those of the richest the most mercantile , and the best manufacturers of europe . that this is the case of dissenting protestants in england , must be very plain to those who shall consider the statute of l. a month , and those volumes of other statutes made before and since the king came in against non-conformists ; most of which were intended against papists , and occasioned by former popish treasons , but reach all protestant dissenters , who , besides the bare penalties , are liable to the daily charge and trouble of informations , actions , and indictment in our courts of law , and as many or more libels and presentments in our spiritual courts ; our constables , church-wardens , and grand-juries are upon their oaths constantly bound to accuse them ; if they omit , 't is at every other mans pleasure to inform , and some or other will not fail of it ; thus are dissenters brought into the hands of the officers of both courts , whose duty it is to prosecute ; these may delay for a time , whilst they are paid for their favours , or until notice be taken of it , but no longer , and then must follow a seizure of dissenters persons or estates , or both : besides all which , particular justices of the peace are by several late statutes authorized and obliged to convent , convict , and make levies ; which sufferings being accompanied with a continual anxiety of mind , our protestant dissenters cannot possibly apply themselves or their stocks to manufacture or other trade . whilst , on the other hand , both the dutch and french , and most other of our neighbouring nations , any thing famous for trade , allow liberty of conscience to protestant dissenters , at least to such a degree , as to enable them to trade : which is all that the interest of trade requires ; 't is true , that now of late we have heard the french king hath given some greater discountenance to protestants than heretofore , ( whether to gratifie the romish clergy , who may be otherwise very useful to his present designs , and whom he daily and visibly endears by all signal demonstrations of favour , ( if we may believe our gazets ) or for what other reason , i shall not undertake to say ) however not so , as to disable the french protestants from trade . what farther hardships he may put upon french protestants , or other his trading subjects , in case they shall have no other asylum or shelter to repair to , time may shew . this being the case in the matter of toleration between us and these our subtile and potent neighbours , the question is , what is to be done ? a long surfeit of experience hath demonstrated , that the penal laws , though accumulated and imbittered to as great a degree as hath been desired , are not a sufficient expedient to reduce protestant dissenters . to purpose any thing which shall subvert our present church of england , is that which i shall not do ; conceiving it for the honour and safety of the nation to support a flourishing national church , and that the present protestant church of england hath in all respects the best title to it . on the other side , to rest under our present disadvantages by the want of a convenient toleration of dissenting protestants , must disable us from making that sudden , and full improvement of our trade , as otherwise we might , and as perhaps may be found necessary for our support against those forreigners who already do , and daily will more exceed us in treasures and people , if they shall let in , and we continue to shut out , so mighty a share of each . here then there seems a difficulty , which deserves and requires our utmost prudentials to clear , by a toleration of protestant dissenters , consistent with the preservation of our present church of england in all its rights ; i am perswaded none of the generous dignitaries , or members of our church , would oppose such a toleration ; some there have been , who could never think themselves happy , unless others were miserable , and have loved cruelty for cruelty's sake ; the most infamous for this was phalaris , who was at last brought to roar in his own brazen bull ; nor is this a time for men to gratifie their humors or passions this way , if it may prove perilous towards the whole ; rather let our hearts melt with a tender and charitable commiseration to these our fellow-country-men , who by their birth-right are intitled to magna charta equally with our selves , but are incapacitated to enjoy the advantages of it , meerly for conscience , when by no other overt act they have forfeited their hereditary claims , when their sufferings undeniably demonstrate they are no hypocrites , and therefore that they suffer for what they cannot help ; let us observe , that god never planted or propagated his truth by temporal power , that he was in the small voice , not in the thunder , or the whirl-wind : let us consider the original meekness of christians , whose anathema's against dissenters were only accompanied with admonishments , and meer excommunications , without any writ to take the body , or make levies on mens estates ; let us remember that we have flung off the yoke of papal tyranny , founded on a pretended infallible conclusive church authority , superinduced upon christians by a conspiracy of romish priests , as subservient to their ambition , pride , ease , and luxury ; that if persecution were then wholly unwarrantable , it is now far more incoherent . when our present church professes it self fallible , and both our church , and all protestant religion it self , are derived from no other principle than the fallibility of all churches , at least in their decrees ; when our first most famous protestant doctors carried on the reformation in opposition to their national churches and laws , such were luther , calvin , beza , and many others abroad , and our martyrs at home , whose glorious sufferings are celebrated by one of our own former and most learned and pious divines , as the chief gemms which truly beautifie our present church : let it never be said , that the interests or temperaments of our present church are inconsistent with our national wealth , happiness , and security , or obstruct our progress towards them ; this would give too great an advantage to her publick and private enemies : let us industriously amass all the just considerations we can to facilitate these great ends , by some toleration of protestant dissenters , being it is so important , i say of protestant dissenters , because these having no forreign dependance on the pope , have reason to be endeared and knit up to the national interest by the common protection and security of their estates and families , equally with the rest : as for the popish party , i am confident that after so many late accurate treatises , and authentick narratives , of the dangerous principles , and horrid treasonable practises , of the priests , and others of the same party , none will think it necessary , or possible , that i should add one syllable to prove that party unfit for a toleration . such being the high motives to make us wish for a toleration of protestant dissenters , i shall , with all deference to authority , and without any of those passionate reflections which usually incumber this debate , briefly endeavour to examine the dangers objected , which are , first , an apprehension of a necessary great increase of dissenters , and this ( as some will have it ) to such a degree , as to swallow up the present church ; a very strange supposition for those who have scripture and antiquity on their side : on the contrary , it may be justly hoped , that the church of england may then reconcile all those whom penalties cannot reduce ; and the rather , because when the penalties are gone , all parties must resort to reasoning and sanctity , which are the proper and only means of making impressions on mens vnderstandings and consciences ; penalties may bring in atheists and hypocrites , but can never work a real change in any mans opinion , unless when the sufferings of dissenters proselyte others , ( being a kind of argument of the truth of what is so asserted , at least amongst the vulgar or middle sort ; ) our present protestant church of england must therefore have an advantage this way ; and yet on the other side , will retain that of being vindicated by the government , in as much as all publick divine service in the parish churches will remain in the form now used in our present church , and all church preferments inclosed to the clergy of the same church ; which priviledges , being consistent with a toleration , may continue secured to our church by our present penal laws in force for that purpose , with an addition of such others as may be thought necessary ; whence it will follow ; first , that it will be more for the ease and convenience , nay and interest of the laicks to conform , rather than to seek farther for dissenting conventicles , whose ministers they must help to maintain ; which convenience , with the countenance of authority given to the national church , is a great matter , since it will bring in all those , who being good christians in the main , are yet little affected with the points in difference , which are the generality , as may be seen by their equal resort to the parish churches before and since his majesties restoration . but secondly , it will then be yet more the interest and advantage of all clergy-men to conform , by the great and honourable preferments they may this way hope for , which they cannot otherwise obtain . the other grand objection against a toleration of protestants , is the danger of the temporal government ; which seems yet stranger than the other , if we consult our reasons , which must tell us , that men at ease will be better satisfied than when in pain ; that men who are kept innocently and profitably busie , who by their industry can live well , support their families , and gain estates , will be less apt to study , or do mischief to the publick , than those , who being disabled from all such imployments , are daily goaded with penal laws , a condition which perhaps may be thought more grievous in england than the like hardships in turky and muscovy , where all suffer alike , when in england our protestant dissenters hear much of magna charta , and see others enjoy the full fruit of it , but are precluded themselves , and this for meer differings in religions belief . but why should i labour to evince that which experience hath demonstrated ; we have the great instance of france , and the like in the kingdom of poland , in holland , switzerland , hamburg , and other parts of germany ; all which nations have been at peace , at least about religion ever since the tolerations given , as some of them could never be before , particularly france ; which must appear to proceed from the pacifique virtue of toleration , not from the coercive power of standing forces , or despotick monarchy , as some would have it , because that of poland is regulated , and the rest are republicks . 't is notorious that before the french toleration many of that national church had or pretended to have as fearful apprehensions of the effects of it ; but we see what councils did prevail even amongst the popish party , and what hath followed ? we find france the most powerful of nations , and the french king so confident of his protestants , that he long intrusted his mighty armies , in the hands of monsieur turenne , a protestant till near his death : on the other side we have the example of spain , whose execrable and inexorable cruelties towards dissenters hath mainly assisted in the present poverty and weakness of that nation : we may then conclude that persecution is a stale piece of policy , which perhaps might have born a debate in harry the th's time , but is now tryed to our hands : and let any man judg whether the french or spanish church be now most flourishing , or most likely to continue ; the french church and church-men will certainly get ground with the french victories , for which they are as much beholding to the french protestants as to the rest . let us not therefore be wholly insensible that the church of england may fall under the worst circumstances of danger , otherwise than from protestant dissenters ; as suppose england should ever be reduced to such a condition as to be no longer able to bear up against foreign powers , what then would become of our present church ? what sort of men would then push into our bishopricks , deaneries , and other church-preferments ? a fatality which we ought therefore to provide against by a union of protestant interests and affections and increase of traders , as far as safely we may ; in which foreigners are grown so nicely vigilant , that not long ago we might observe the policies of the great french king and the great duke of tuscany curiously angling for the jews ; for when the french king had made marseilles a free port ( which was about years since ) the jews planted at leghorn , induced by an offer of protection at marseilles , and a sweeter situat●on of that place , resolved to transplant , which the great duke discovering , applyed his utmost endeavours to prevent it ; which he did by making an edict , that if any christian bought a jews house , it should be forfeit . in england a jew cannot buy a house . i am no advocate for dissenters or jews , but for the common interest of england , by which that of the church of england must stand or fall . and being now speaking of somewhat that concerns religion , there occur to my memory two plain texts of scripture , one is , that of two evils we are to choose the least , and another that a kingdom divided cannot stand . i shall desire the reader to couple these considerations with what i shall say in the following sections concerning the present posture of this and our neighbour nations , and then he will not accuse me of having made an unnecessary digression . whilst we are calculating the best expedient to bring in forreign protestant artificers , and forreign manufacture , it is fit that notice should be taken of that clause in the act of of king james chap. . which leaves the inventers of new manufactures at liberty to obtain patents for monopolies for one and twenty years , which statute being in construction extended to all manufactures already used by foreigners that are not used here , hinders the introducing , or growth and perfection of any new forreign manufactures , and makes it the business of our more observant travellers to hauk after monopolies . this is no question but several other obstructions to the trade of england might be observed , particularly that the carrying on of elections in corporations of latter years with so much drinking , is very prejudicial to our manufactures ; for men ( upon this or any other occasion ) being once debauched , hardly ever retrieve themselves , and therefore lost to manufacture and the nation . our fishers have complained that in several parts they are forced to pay tyth for the fish they catch on their own coasts , in which the dutch , and other fishermen have the advantage to the value of the fish , and must therefore disable our trade of fishery in those parts . it hath also been noted that the payment of tyth out of our hemp and flax , does as much disable the increase of hemp and flax in england , the rest being made so much the dearer to the owner , that it is not vendible , as otherwise it would be ; and thereby prevent our great forreign importation of hemp and flax. these being things of so great importance to the nation , may deserve a full examination and remedy , whatsoever the particular interests of some incumbents of churches may suggest to the contrary . lastly , we have a farther complaint from the traders of all sorts , of the tedious and chargeable proceedings in some courts of justice , occasioned by writs of error , and suits in chancery , in which last court many are hung up for seven years and more , and are forced to expend much more than the money they justly sue for : our little courts , especially about london , are as destructive to poor seamen , manufacturers and other laborious people , where in a suit for a disputable groat , or meer malice , they are easily lead in , or forced to spend three or four pound ; if but thirty or forty shillings 't is enough to ruine such poor wretches and their families , which hath caused many thousands to perish in goal , or fly from their habitations and countrey , since the erection of several new inferior jurisdictions . here again we may look back and observe the mischievous effects of private and mistaken interests , pride and humor ; which i shall not recapitulate , but should here conclude this section ; but that having mentioned the greatness of our customs amongst the incumbrances on our trade , i am willing to clear my self from insinuating or wishing any diminution of his majesties revenue ; nor would the moderation of the customs work any such effect , ( at least in the judgments of wise men who have considered it ) were the other obstructions on our trade regulated ; of this sir walter raleigh took notice of very early in his observations upon trade , presented to king james , in these words . of this their smallness of custom , ( meaning in holland , hamburgh , &c. ) inwards and outwards , we have daily experience ; for if two english ships , or two of any other nation , be at burdeaux , both laden with wine of tun apiece , the one bound for holland , or any other the petit states , the other for england ; the merchant shall pay above l. here , and other duties , when the other in holland , or any other petit state shall be cleared for l. and so in all other wares and merchandizes accordingly ; which draws all nations to traffick with them ; and although it seems but small duties which they receive , yet the multitudes of all kind of commodities and coin that is brought there , and carryed out by themselves and others , is so great , that they receive more customs and duties to the state by the greatness of their commerce in one year , than england doth in two years ; for the th part of the commodities are not spent in holland , but vented into other countries ; which make all the country-merchants to buy and sell , and increase ships and mariners to transport them . my travels and meaning is not , neither hath been , to diminish your majesties revenues , but exceedingly to increase them , &c. all nations may buy and sell freely in france , and there is free custome outwards twice a year ; at which times our merchants do there make their sales of english commodities , and do buy and lade their bulk with french commodities to serve for the whole year ; and in rochel in france , and in brittain , free custom all the year long ; except some small toll , which makes free traffick , and makes them flourish . to this he adds an instance in genoua , formerly the store-house of italy : but after they had set a custom of per cent. all nations left trading with them ; but that on the other side , the duke of florence , by setting a small custom at leghorn , had brought all the trade thither : thus did this great man of his time express himself . but admitting , that by the moderation of our customs rates , our present publick revenue in customs should be somewhat sunk ; yet how easily might this revenue be made good by a land-tax , or by some excise upon extravagancies , and forreign consumptive commodities spent at home , without the least prejudice to trade ? thus do the dutch raise far more than the revenue of our customs ; and if by this means the private revenue of our land must universally rise , and the people better be enabled to pay any other taxes , why should the land-holders , or any on pretence of service to his majesty , oppose it ? suppose his majesty had a custome of s. in the pound on all the english treasure exported , would any man for the sake of the custom , and out of zeal to his majesties interest , promote the exportation of all the english treasure ? how much this is the case of the present english customs , doth , and more largely will appear . certainly it was very unfortunate for england , that when sir walter raleigh wrote these and other his excellent observations on trade , our councels were under an earnest pursuit of the plantation-trade , on which great customs were projected ; for so it hath hapned , that whilst our neighbour nations have been vigilant to ease and facilitate their ways of trade , the trade of england hath continued under the former disadvantage , and is incumbred with new charges and difficulties of later years ; all which in conjunction have worked us out in all the particulars mentioned before , and in divers others ; and in recompence of these losses , our plantation-trade hath robbed and prevented us of some millions of our people ; amongst which very many being , or might have been manufacturers , the nation hath also lost many more millions of pounds in the loss of their manufactures . sect . viii . that a nation may grow poor by forreign trade , viz. by an excess of meer importations , illustrated by some observations ; this facilitated by exporting money or bullion ; the fatal consequences and symptoms of a consumptive trade , decay of manufactures , other ways of living over-stocked , fall of rents , general poverty , an increase of criminals of all sorts , depopulation ; some application to the present case of england , and amongst others the occasion of the new buildings about london ; of incontinency , cunning , &c. as a nation may grow rich and populous , and consequently strong by forreign trade ; so may a nation grow poor and dispeopled , and consequently weak by forreign trade ; nor is there any possible or practicable way for the treasure of a nation in peace , to be exhausted and exported into another nation to any considerable and sensible degree , but by forreign trade . this must necessarily happen by the excess of meer importation , viz. when the commodities imported from abroad , and spent at home , do cost more than the national gain by trade amounts to ; as suppose such yearly importations into england should cost two millions , and the national gain by exportations or otherwise should amount but to l. the nation of england must yearly lose l of its treasure by trade , because so much must yearly be exported by the english merchants to satisfie the over-ballance . that the english trade might fall into such a consumption , is easily and highly credible . for suppose the utmost neat gain of our former english trade amounted to but l. per an' one year with another ; then if the exportations and beneficial merchandize of england should become worse by l. per an' one year with another than before , the nation of england must lose l. per an' of its national treasure , though our yearly importations be no more in value than before ; whence it appears , that by this means the same importations may become excessive . so though our exportations , and the beneficial part of our merchandize , continue as valuable as before , yet if our yearly consumptive importations grow to be more in value by l. per an' than before , the nation must also in this case lose l. per an' by trade . but what if both the beneficial part of the trade grow worse , and also the importations increase ? certainly this must cut deepest on the national stock , and must soonest grind it out ; for then if the beneficial part grow worse by l. and the importing part be increased l. per an' value , the nation must then lose l. per annum ; or suppose but to half those values in each , the nation must lose l. per annum . to accommodate these hypotheses to england ; first , we may conclude , that the beneficial part of our trade hath grown much less and worse yearly , by reason of the unequal cloggs and difficulties on our home and forreign trade . and that on the other side our importations must as necessarily be increased , both by the decay of our own former manufactures at home , and by our modern gawd'ry and affectation of foreign goods ; and as our trade from port to port hath become more impracticable to any advantage , the exporters of our remaining manufactures and other home-commodities , must either come back empty , or else must freight themselves homewards with such consumptive foreign commodities , as for gawdry , novelty , cheapness , or lyquorishness , will dazle , tempt and bewitch our people to buy them ; in which course of trade our merchants may gain considerable proportions of our remaining treasures as long as there is any in the nation . nay , rather than sit idle , they will , and do freight themselves outwards with meer ballast and bills of exchange ( by which the importation of foreign bullion or money is prevented : ) or if bills of exchange cannot reasonably be had ( as they usually cannot to those countries where we are overballanced in trade ) then they export mony and bullion , and buy and import consumptive goods which are spent at home ; which kind of trade deserves rather to be called foreign pedling , than merchandise . it may partly be remembred here , how much the beneficial part of our trade may be prejudiced by the loss of of our manufactures , and what odds the same loss may produce in our importations , since if they get but l. per ann. a peice , it must sink the former gain by trade no less than l. per ann. and on the other side , that if a million of families or persons in a nation , do one with the other consume to the value of s. a piece more , yearly in foreign manufactures , drinks , &c. than before , this must increase our importations to the value of a million per ann. which i observe here to shew how imperceptibly an over-ballance of importation may creep upon a nation ; and that the reader may with the less difficulty conjecture at the late and present ballance of trade in england . it must also much assist this importing trade , if the merchants shall export mony , or bullion ; especially in such a nation as england , where a trade from port to port is not ordinarily practicable to any advantage : for in that case the goods imported being spent at home , the treasure exported must be lost to the nation ; and as long as the english merchant can have bullion or mony to export , and can have a vent for his importations at home , his private gain will never oblige him to complain of the want of exportable home-manufactures , or the clogs upon trade , especially in england , where our merchants have such a monopoly of their importations on the rest of the people . this consumptive importing trade must be of very fatal consequence in its nature ; for first , whilest the national stock is greater , it will exhaust the treasure almost insensibly ; but as the treasure grows less and less , it will work more palpably and grievously , because it will consume more and more of that little which remains . and as the national treasure comes to be more and more diminished , the people must generally have less and less , which must cause the price of all home-commodities , and consequently land-rents to fall continually , the home manufactures must be choaked and stifled by importations , so that both the farmers and manufacturers must fling up ; the values of their stocks must be contracted , and will be eaten out by rent , wages and other standing charges before they are aware ; men cannot provide against misfortunes which have unseen causes : and as home trade grows worse and worse , industry it self must be tired and foiled , to the great amazement , as well as affliction of the people . for at the same time liberty and property may remain inviolated , many merchants shall grow rich and shall be well satisfied as long as there is vanity and money at home ; so shall their retailers and salesmen of foreign wares , such are mercers , lacemen , linnen-drapers , exchange-men , grocers , vintners and most others ; there may seem to be the same navigation for a time , the customs must also necessarily much increase as the importations increase ( especially in england where the customs on importations are so high ) and by that means may cause a reputation and sound of trade amongst many , when indeed such a swelling of the customs does only denounce their growing poverty and ruine . it may be these ranks of men , who stand not in the direct channel of trade , may seem to flourish for a time , as officers , lawyers , physitians , and others ; nay perhaps some officers may have greater opportunities of gain during the first convulsions of a growing poverty ; since the necessities of men obliging them to be more criminous , it may for a while occasion greater and more frequent gratuities , and a more absolute subservience ; so may many lawyers get more than ever whilst mens estates are rending to pieces , ( as doubless did some bricklayers get estates by the burning of the city ) so perhaps sickly men whilst they can , may strain hard to secure the faith and care of their physitians with as good fees as before , so some clergy-men scriveners and pen-men of all sorts , usurers and such others may seem to stem the torrent better than the landholders and manufacturers , whose revenues immediately depend on the home-market , and who make up the gross body and strength of a nation , many of these former rankes of men ( being at ease themselves ) may seem insensible of the common afflictions , but must be gradually involved with the rest . and the sooner , because as men fling up their farms and manufactures , and others are discouraged , multitudes of those that want imployments , observing what other sorts of men continue to live at some ease , will naturally and inevitably throng themselves into the like , viz. importing merchandise , retayling , shop-keeping , the law , clergy , and priesthood of all sorts , offices , scrivening , solliciting , and physick : by which these imployments must be so over-clogged , that they will be hardly able to live by one another ; vast numbers of others must betake themselves to inn-keeping , ale-keeping , victualing , &c. and those who have little or no stocks or literature , and therefore cannot crowd themselves into some of these ways of livelihood must lye on the parish , or being higher or worse minded must fall to cheating , canting , shifting , perjury , forgery , whoredom , sherking , chipping , coyning , buffooning , tumbling , pimping , pilfering , robbery , &c. for their ordinary maintenances ; the more honest or industrious will transport themselves into foreign parts , as soon as they have opportunity , rather than live miserable at home , especially if they have an ireland and plantations to go to ; nor is it possible ( as i conceive ) for any laws or penalties effectually to restrain the swelling numbers of any of the former professions , but by opening the beneficial and comprehensive imployments of manufactures , farming , &c. nor can the daily increase of ale-houses , or of frauds , perjuries and criminals of all sorts be otherwise corrected ; no statutes , nay , or preaching , though never so learned or florid , can prevail with necessitous men . but the increase of these former more gentleman-like , scholar-like , retailing and shopkeeping-imployments , must yet bring a farther inconvenience , viz. a more general affectation of finery and gawdery than before ; for these being sedentary and easie professions , will not only admit of , but occasion greater curiosity in apparel , modes , and dresses than the active and laborious ways of living by farming or manufactures . and as this gawdery grows more in use it will spread amongst the rest , and the people emulating one another , will be gawdy as long as they can , though never so poor ; which must support and increase foreign importations , whilst every one is contending who shall have the finest foreign livery , so will people thus at leisure most naturally fall into the habits of drinking and other ill courses . too many of these symptoms of a consumptive trade may be generally observed in england ; of late years any man who had but an indifferent stock might have set himself to tillage , grazing , daiery , cloathing , fulling , &c. in almost any part of england , and might not only have maintained his family plentifully , but as his sock and ingenuity were more or less , might have left a fair estate behind him ; it was not extraordinary for a man thus employed to get an estate of , or l. some , some , some l. whereas now , and of these later years these home-imployments have been the usual shipwracks of mens stocks and estates in most parts of england , or so dull and cold that men can hardly endure to live so meanly . our late wealthy yeomanry are impoverished , or much reduced in their stocks , a man shall hardly find three in a county able to rent , or l. per ann. they are forced to sink their rents on the gentry continually , or else to fling up their farms ; much land is fallen a fifth part , some a fourth part , some a third part , some to half of the late rent , ( unless in some few countys in whose benefit the irish acts were made , and there rents are not risen and are now like to fall low enough : ) by which continual contracting of rents the very earth seems to shrink and consume under us , and whilst many of our late opulent and mighty gentry since the general decay of their revenues have been striving to support the antient honour and dignity of their families , they are become immerged and fettered in inextricable debts and securities ; great numbers of our clothiers and other manufacturers are undone , or have given up ; the rest remain under a languishing hope of better markets : and multitudes of those people , whose labours brought mony , trade and comfort to our corporations , are now become chargeable burthens : it being computed that our poor are increased to near ten times their late number within this last twenty years , and that their maintenance doth cost the nation l. per ann. constant tax . on the other side , the increase of those sorts of men , whose imployments either may prejudice , or else can add no increase of treasure to the nation , is very visible ; by which increase the inconveniencies must be still the greater : for where the foreign trade of a nation is so much driven in importations , the increase of merchants will oblige an increase of importation ; so an increase of retailers dealing in foreign goods , will open a greater vent for importations ; suppose such a retailer sells for l. per cent. profit , the nation must lose about nine pence for every peny he gets , what then shall the nation lose by the trade of a merchant or retailer , who by vending foreign wares shall get an estate of , or l. over and besides a profuse maintenance ? or what will it signifie to the wealth or glory of a nation , or city , to have many such l. men as these ? have we any reason to rejoyce in such a flourishing trade ? these retailers and shop-keepers , gleaning the mony from the people , hand it up to the importers , who export this commodity in trade as occasion does require ; and as our manufactures have decayed , so have shop-keepers of all sorts increased ; our cities and corporations are stuffed with them more and more ; there being at least ten times more in the nation than were , or years since . thus also have we multitudes of more lawyers , attorneys , solicitors , scriviners , and pen-men of all sorts , than of late years we had ; which occasions more querks , tricks , and cheats in the law. we have vastly more scholars and clergy-men , which a late author observing , thought it necessary to export tunns of divines instead of manufacture : this does cause an universal competition for benefices ; of which the needy laity taking advantage , make simonaical presentations , and thence must follow perjury in institutions , and thence seared consciences ; but of all other imployments we have the greatest questing after offices ; men will almost give any thing , say any thing , or do any thing for an office ; so that some offices which were thought hardly worth the medling with of late years , will now yeild near ten years purchase for one life , which competition hath also in a manner virtually repealed the statute against buying and selling of offices , and obliges those who buy trusts to sell trusts . we have also far more physitians , men of medicine and quacks , especially pox-doctors than ever , so have we ( with our poverty ) far more finery and gawdery , more daintyness , delicacy and luxury . so have we a vast increase of inn-keepers and ale-keepers both in city and country , by which the common-people are debauched , made impious , poor and effeminate : all which mischiefs do in union cause the vast increase of new buildings in and about london ; for most of the offices are in london , or there to be gotten , there is also the ready access to church-preferment , and the best and most easie imployments for lawyers , solicitors , scriviners , physitians , and such others , and the rather , because the publick taxes and importing-trade drawing the mony up to london , it will there be stirring as long as we have any in the nation ; whilst the country is left poorer and barer every day ; and therefore besides these higher ranks of men , the ordinary people who used heretofore to begin upon farming or manufacture , hearing of mony in london , do post from the starving country , and apply themselves to the selling of ale , brandy , tobacco , coffee , brokery of all sorts , letting of lodgings in or about london , and such like imployments , which too commonly end in bawdery and the gallows , by which there is room made for new comers and tenants ; i have heard it said , that madrid is grown much bigger and more populous of late years . from these and other sorts of people , both in city and country , we have more and more criminals of all the sorts and species mentioned before ; our goals are fuller and fuller , great numbers of which are yearly executed or transported ; vast numbers of others have betaken themselves to voluntary exile from this their native country , in hopes of a better condition , rather than to endure certain poverty or persecution for conscience at home ; besides those gone into ireland , and the plantations , there are many thousands of protestants gone from us into the low countries , into france , into germany , and into poland , where being woollen manufacturers , they have taught , and set up this manufacture , and thereby helped to work our ruine . these being of the most strong and able part of our people , leave their wives and children , and other impotent and lazy people at home . and thus shall a nation be inevitably dispeopled , as well as impoverished by a consumptive trade ; nay , it shall hinder the ordinary increase of people by procreation , especially in a nation where venereal sins are become general , habitual and shameless ; for the people being poor , or vicious , or both , dare not , or care not to engage in the charge or virtuous obligations of marriage , ( unless here and there where a man gets a catch with a wise which shall be equal to an office , ) but will rather use unlawful promiscuous copulation , which breeds no children , but infinite claps and poxes to the common weakning of posterity , and present scandal of a nation : ( thus have our women also lost their choice of chapmen for husbands : ) how many of our most beautiful women ( which might have made good and vertuous wives , and brought forth numbers of as beautiful children , ) are for want of convenient matches tempted , or forced for a little mony , to sell their souls to the devil , and their delicate bodies to lust and rottenness , nay to the gallows , when proving with child , the remains of their natural modesty , will not in their extremities permit them to call witnesses of their , shame whilst the gallants which beget them go free , and glory in their great performance . all which mischiefs of a consumptive trade are yet more fatal , because the growing vice and poverty which attends it , will generally bring a languor and difficulty on mens understandings ; as men sink in their estates , their spirits and thoughts will be lower and narrower , and their minds clouded with anxieties and cares , this ( with the common disability of making advantages upon forreigners in the course of trade ) leads them into a kind of unhappy cunning , consisting in the over-reaching of one another at home ; and he will be accounted wise , who by any means can shift himself out of the common wants , nor will he think his own happiness small , ( especially if his beginnings were low ) when ( like one standing on the sands ) he can behold the shipwrack of others . sect . ix . that a consumptive trade must render a nation still weaker and weaker : how far the meer establishment of absolute power , or meer liberty and property , may alter the case . from what hath been said in the first section and since , it must also follow , that a consumptive trade must render a nation still weaker and weaker . first , because it must still exhaust more and more of the national riches , and sink the value of mens estates . if the value of private stocks or revenues are contracted , men will be less and less able to pay publick taxes ; it is impossible for these that have no money to pay money , or for those that have less to pay as much as those that have more ; and less taxes must then also be more grievous than greater were before ; if a man having l. per an' or l. stock , sink l. per cent. of his revenue or stock , it is equal to any direct tax of l. per cent. and then if a tax or publick charge of or l. be super-added , it is equal to a former tax of or l. per cent. it must also disable a nation to continue the charge of a war , because the quantity of money diffused amongst the people will sooner be drawn out of the home-markets ; and then they can no longer raise taxes , and when the taxes fail , what hope or dependance can there be in the courage of officers , soldiers , or sea-men ? or how shall the continual supplies of warlike provisions of all sorts be purchased at home or abroad ? there are yet other concomitants of a growing poverty , which must render any nation much the weaker , viz. discontents , uneasiness , and heart-burnings , which when begun , are easily fermented into convulsions , by which a nation may be disabled to exert even its remaining strength . . perfidy and treachery amongst all sorts ; needy men are readily tempted to make a merchandize of their own souls and other mens lives and estates , and those who will betray one another for money at home , will be equally wrought upon by forreign money , and then may be brought to barter of both princes and countries ; for being once corrupted , they must , like women , for ever remain slavishly true to the intrigue , lest the gallant should tell , of which histories give us many sad examples . but in a nation where the value of land , or home-commodities , are risen per cent. he that had l. revenue or stock , paying l. tax , retains what he had ; and if the national treasure be much greater , it will support the charge of a war much longer , and can hardly ever be totally exhausted , where there is a considerable annual increase of treasure by forreign trade : this exuberance of a national treasure will also generally support and secure the spirit and fidelity of all sorts of men. it must therefore be of most dangerous consequence to a nation impoverished by trade , if any other neighbour-nation hath at the same time grown much richer in treasure , since in the case of a war it will produce the like inequality of power ; nay if any such richer nation shall think fit to keep great armies and navies in pay , ( though in times of peace ) so must the poorer nation , or else be devoured at pleasure ; and thus may a nation , drained by the over-ballance of trade , be beggered , and consequently overcome without fighting , as hath been intimated before . so if a nation grow generally more vitious , soft , effeminate , debauched , dispeopled , and undisciplined than before , it must be much weaker than before , wherein the danger must be much greater if any neighbour nation grow far more warlike , more populous and better disciplined than before . in which case the better situated , more useful , strong , plentiful , and blessed the country so impoverished naturally is , and the more it doth abound in beautiful buildings , women , or other delicacies , it will the more forcibly provoke the appetite of a stronger nation to its conquest , the mighty hunters of the world are for the most desirable prey ; so if a nation thus weakned hath formerly been famous and redoubled for arms and war ; those who affect glory by conquest , must have the greater ambition to vassalize its people . from what hath been said it must appear ; first , that a nation must be estimated weak or strong by comparison , with the strength or weakness of neighbour nations ; if a neighbour nation grow ten times as strong as before , the nation which only retains its usual and former strength is weak ; but the case must be yet worse , if whilst the one hath grown ten times stronger , the other hath grown much weaker . . that in the present state of the world a nation cannot grow poor by a consumptive trade with any security . in such a case the meer absoluteness of a monarchy would not prevent the approaching fatality , ( which i add because hobbs and others call it a strong government ) absolute power may suddenly force away that treasure which the people have , but cannot create any , nor can it carry on a war , or even support it self without continual vast expences ; and then when the treasure is drawn off into the hands of officers and soldiers , ( who pay no taxes ) it will be found , that the people ( who have it not ) can no more make brick without straw in this age , than heretofore ; and will be naturally desirous to change their masters upon hope to be treated with less rigor . nor on the other side will the meer preservation of a legal liberty and property secure a nation thus impoverished , without a concurrent improvement of trade , for the reasons before given ; the blessings which usually attend these freedoms wholly , or very much depend upon the riches the people are possessed of . it must be confessed these freedoms make a necessary step towards the improvement of trade ; where an absolute power is exerted , the conditions of men are little better than that of brutes , being continually lyable to imprisonments , death , and confiscations , at the pleasure of others ; nay perhaps are worse , by the fears and terrors men must be always under , even whilst they do not actually suffer ; which will take away the edge and life of industry , and will ruine or drive away the merchants , and those who have stocks in manufacture , who neither will , nor can labour all their lives for wealth under daily expectations of losing what they painfully get , which in this last age hath obliged the french monarchy to permit divers immunities to their manufacturers , and of late to their fishers and other maritime . traders , which have now gotten the reputation of established laws ; at least they are such as are satisfactory to the french natives , who cannot have , nor are acquainted with better terms , and who are of themselves so numerous , that they stand in no need of supplies of people from abroad ; and therefore of no greater invitations of this nature to bring in forreigners , and the rather , because their trade is otherwise so much eased and incouraged , ( of which i shall have occasion to say more ; ) so have the great dukes of tuscany in this last age been curiously vigilant to provide for the freedom of traders , both domestick and forreign : the dutch , venetians , hamburghers , and other trading states do yet farther secure the liberties and properties of their natives , and others , under their several jurisdictions , by fundamental and unalterable constitutions which being admitted , it doth not follow that a nation which hath meer liberty and property , without other requisite incouragements , shall drive any great trade ; we have an example in genoa , at this day , a republick , where , because they set a custom of per cent. on goods imported , they lost their trade of forreign merchandize to leghorne , made a free port by the duke of tuscany ; what then may we hope for from the meer liberty and property of the english , when in england the customs are generally higher , and our other difficulties on trade are yet more grievous than the customs ? by the accompt we have from our first discoverers and planters in america , most of these poor nations had a home-liberty and property . sect . x. further presumptions of our late national over-ballance in trade ; an account from the mint in november . and thence our former ballance of trade estimated . as a further evidence that our national trade hath been consumptive , and that i may silence the prevarications of some whose private interest or passions ( which are but the fermentations of their interests ) teach them to affirm the contrary , i shall take notice of the following accompt taken and printed in november . for the clearing a debate then before a committee of parliament , intituled as followeth . an account of all the gold and silver coined in his majesties mint within the tower of london , from the first of october . being the forty first year of the reign of queen eliz. to november . being years , divided into four parts ; shewing how the coin of this kingdom did increase in the three first parts , proportionable to the increase of trade and navigation , and how much it hath decreased in the fourth part . gold and silver coined . totals by tale. yearly medium . from the first of octob . . to the last of march . was coined four millions seven hundred seventy nine thousand three hundred and fourteen pounds thirteen shillings and four pence ; which was per an' two hundred forty five thousand ninety two pounds eleven shillings & six pence . l. s. d. l. s. d. from the last of march . to the last of march . was coined six millions nine hundred thousand forty two pounds eleven shillings and one peny ; which was per an' three hundred sixty three thousand one hundred & sixty pounds two shillings one peny farthing . ¼ from the last of march . to may . was coined seven millions seven hundred thirty three thousand five hundred twenty one pounds thirteen shillings four pence farthing ; which was per an' four hundred and seven thousand and twenty seven pounds nine shillings one peny ½ penny . l. s. d. l. s. d. ¼ ½ from may . to nov. . being years and a half , was coined three millions two hundred thirty eight thousand nine hundred ninety seven pounds sixteen shillings and three farthings ; about one million of which was harp and cross money , and broad gold , &c. re-coined ; which deducted , there remains but millions two hundred thirty eight thousand nine hundred ninety seven pounds s. three farthings ; which was per an' but one hundred twenty one thousand l. eighteen shillings and four pence . ¾ the total of all gold & silver coined in these years , from the first of octob. . to novemb. . was coined twenty one millions eight hundred fifty one thousand eight hundred seventy six pounds fourteen shillings seven pence half-peny . l. s. d.       ½         yearly increase . total increase the coin yearly increased in the d part , from the last of march . to the last of march . more than in the first part , one hundred and eighteen thousand sixty seven pounds ten shillings seven pence farthing ; the total thereof is two millions two hundred forty three thousand two hundred eighty three pounds one shilling two pence . l. s. d. l. s. d. the coin yearly increased in the d part , from the last of march . to may . one hundred sixty one thousand nine hundred thirty four pounds s. d. ½ , the total thereof is three millions seventy six thousand seven hundred sixty two pounds fourteen shilling ten pence half-peny . ½ ½   yearly decrease . tot ' decrease . the coin hath yearly decreased in the fourth part , from may . to this present november . being the last eighteen years and half , two hundred eighty six thousand pounds ten shillings nine pence half-peny ; the total whereof is five millions two hundred ninety one thousand and nine pounds nineteen shillings four pence farthing . l. s. d. l. s. d. ½ ¼ this prodigious decrease of coin in the last eighteen years , does undeniably evidence a vast decay in our trade : but since , even in these latter years , there hath been somewhat above l. per an' coined , as appears by the account , it doth seem to administer an objection , that still there hath been some national gain by trade , though much less than before . but this does not follow , for if more money hath been exported yearly during these last eighteen years than hath been coined , the national treasure must be diminished : now if we have been over-ballanced , more money must be exported ; so that it will resolve into the former question . it is a vain thing to say , that the exportation of money in specie stands still prohibited ; so is the exporting of treasure prohibited in spain under the highest penalties ; and yet because spain is over-ballanced by consumptive importations , forreigners continually carry it away ; so that were it not for their mines , there would not have been the value of a peny left in spain many years since ; nor can their mines so answer this mighty drain by a consumptive trade , but that the treasures of spain are drawn lower than in any nation in europe . and therefore though the ordinary trading with exported money is condemnable , as that which tends to the subversion of manufacture and people , and facilitates meer importation ; yet i cannot recommend prohibitory laws as a means to stop the exportation of money , unless at the same time the methods of trade be regulated . 't is now become more practicable by the liberty given for the exportation of bullion ; for upon any great emergency for bullion , ( as for instance ) upon the going out of an east-india fleet , standard-silver hath risen from s. the ounce to s. d. the ounce ; which being about per cent. must not only hinder the coining of bullion , but must cause our weighty coin to be melted into bullion , and so exported as it hath been noted before . and upon the like occasions 't is observable , that guinnies rise to s. apiece , & broad ●old to s. apiece , which does evince , that those who use that trade do not confine themselves to bullion . so 't is notorious to those who understand our north●r● and eastern trades , and our trade to france , the con●ries , turkey , &c. that we yearly export great quantities of treasure to those and other countries , and that we do not stick at coined money , being closely put up in packs of goods or barrels , or however may be made lawful and laudable merchandize by melting ; whence it is come to be so commonly asserted a commodity ; and then if we look back and observe how little hath been coined in the years since ( ) being but l. per an' , it must be highly credible , that we have exported much more money yearly than we have coined . but to make the over-ballance yet more evident , it will be necessary to find out , if possible , what was the yearly treasure the nation gained by forreign trade , at any time in this last age ; and in the next place , how much our exportations and beneficial part of our trade have since failed , and our importations increased in quantity and value . the increase of home-treasure must either be in coined money , or in plate , made up for home-uses ; for all bullion imported must either be converted into one of these at home , or else be re-exported , and then 't is not superadded to the national home-treasure . now if we look back to the accompt from the mint , we may conclude , that during those years , our trade did never add more to our coin yearly than l. s. d. ½ for any number of years together ; this being the utmost medium comprized in the accompt . and this being in the years before ( , ) was not all the meer product of the trade of these very years , for 't is well known that during those years we had good quantities of our own plate coined into ▪ money , 't is not possible for me to ascertain how much ; but if it were a million , it ought to be deducted out of the medium of those years . so during those years , our trade might yet add less to our coined money , viz. in case our forreign trade did then export any of our coined money , the like may be said of any other of the said years or mediums in the accompt ; and then must all the money so exported be also deducted out of the annual gain of those years . i believe none will expect that i should adjust the yearly quantity of money exported by stealth in our forreign trade before ( , ) i shall leave it to the consideration of the indifferent reader upon what i shall add ; but 't is evident , that our merchants did formerly use to export money , by the prohibitory statutes made on that occasion ▪ it may be also further evident , that the yearly quantity of money so exported before was considerable ; for before the years mentioned in the accompt , we must have had some stock of money in the nation , which supposing to be but six millions , then adding what more was coined during the said years , we must have had near millions of coin in the nation before , had none been exported ; whereas no intelligent man will say we had then half that sum ; which if doubted i shall have occasion to enforce further ; and if this be admitted , the consequence must be , that our forreign trade and occasions did even before carry off near half as much money as was yearly coined ; and then our national yearly gain in coined treasure would not be near to the aforesaid full mediums coined , nor to above half the mediums , ( taking any number of years together . ) nor can we reckon or allow of above l. per annum for increase of home-plate , during any of the said years , considering that much plate is always brought back to the mint , or turned into bullion , as other new plate is made ; and that at this allowance for plate , in any twenty years time there would be a million increase of home-plate in the nation . upon the whole the reader may observe what our utmost national gain in increase of treasure possibly might be , and upon the aforesaid grounds may deduct from any of the mediums as he shall think reasonable , wherein i shall not pretend to confine him , though in my private judgment i cannot estimate our utmost national increase of treasure by trade during any of the said years to be above l. per annum , or thereabouts for any twenty years together . considering which , if the indifferent reader shall reflect on what hath been said in the th , th , th and th sections , if he there find that our trade hath been under such difficulties , as must necessarily work us out of all the parts of it , whilst our neighbours are enabled to snatch it from us : if he there find undeniable instances of it in some particulars , he may for the same reasons conclude the like in all others ; and by consequence that our national trade long before this , became less beneficial than it was by l. per annum ; it hath been always found most safe to be governed by the causes and reasons of things , but the concurrent impoverishment of our people , and other the symptoms , plague-sores , and spots of a consumptive trade do further evidence it . it is confessed it would be of great use , if the odds in our past and present national forreign trade might be certainly stated ; a difficult , if not impossible task : since it requires an antient , as well as modern experience in forreign trade , and not of any one trader only , but of so many as have traded into all parts ; of those that are curious , intelligent , and impartial , and have minded the publick interest as well as their own ; perhaps if a sufficient number of such as these did assemble , they might , upon debate , and with reference to their books , bring the compute very near the truth ; but nothing of this hath been done of late ; and whosoever shall promiscuously consult our traders apart , will find them various : then for our custom-books old or new , though they might be useful for some things , yet they cannot ascertain us in the odds of the forreign values of any exported or imported goods , nor of the quantity of imported prohibited or smuggled goods , nor ( as i conceive ) of our former or present fishing-trade , ( fish paying no custom ) nor of the gain of carriage , nor of the trade from port to port ; without which the certain odds in the ballance cannot be calculated ; and therefore for my own part i rest chiefly on what hath been said ; believing my self secure whilst i keep my self to the rational part , which cannot be refuted but by reason : whereas i am apprehensive that should i descend to examine our ballance of trade by the particular effects of the foregoing causes , these being matters of fact , and very many , and most of them forreign , and of less notoriety , may be liable to exceptions or cavils of particular men , as their different sentiments or interests may dictate ; it being as easie to deny as affirm , and as hard for many readers to determine the truth in th●se matters ; whereby the sincerity of the relator may be drawn into question ; and at such times , when he shall have no opportunity to defend himself : and i am not insensible , that amongst so many facts as the nature of this subject hath forced me to mention , ( whereof i must speak much upon the credit i give to others ) 't is impossible there may be some slips , even by the transcribing of papers : upon these considerations , i had thoughts of laying aside part of the three next sections as needless , and neglected somewhat of that curiosity i intended , but being perused and approved by some friends amongst the rest of these papers , they have perswaded me to publish them as they are , upon apprehension that they will enforce what i have already said , though left so general , and will give the reader a further useful light into the past and present nature and condition of our trade and nation : and since they do not bind up the reader to precise quantities and values , can admit of little alteration ; in which i have been the more ready to comply , upon hopes that i may awaken and spur on the virtuous emulation of others to a more compleat disquisition into the several branches of our trade , and that the reader will think me the more excusable in this and the rest i have undertaken , wh●n he shall observe the present subject so copious , and so little laboured by other writers , that i have no common places or beaten tracks to follow , as in other studies . this i assure the reader , that amongst the following instances , or elsewhere , there are no wilfull or effected errors , and that i have not affirmed any thing which i do not know , but upon such authority as i have reason to believe highly credible , and am confident that whatsoever mistakes in fact the curious may find out in what i have already said , or shall say , there are none such as do in the least impeach the force or reason of this discourse , and then must be admitted immaterial . to which i shall add , that by the following essay , i do not pretend to that difficult work of adjusting the present ballance of our trade , but to evince , that the former ballance of our trade ( as it may be computed from the aforesaid accompt , from the mint or otherwise ) is grown consumptive in some degree ; which i think will appear to the indifferent readers satisfaction , upon consideration of some late decays and defalcations in our trade , wherein i shall confine my self to such as have happened long after the beginning of the years mentioned in the accompt , from the mint , many of them within years last . sect . xi . particular decays in our exportations , and the beneficial parts of our trade ; instances in the decay of our foreign-trade for woollen clothing , in the several countries and ports we traded to , in the sinking of the foreign price of this manufacture , so of exporting wooll , in our foreign victualling trades for flesh , butter , cheese , &c. in our irish trade , and scotch trade for almost all sorts of commodities : irish wooll increased : the expiration of the irish acts will not now revest that trade , but prejudice us more , and in what : decays in our several former and late ▪ fishing-trades , in our foreign-trade for stockings and hats in our exports to the canaries , in the foreign-price of our exported tyn and lead , and the price and quantity of exported pewter , in our trade from port to port , our former and late prejudices in our plantation-trade , incidently of our navigation and other things . i shall begin with our exportations , and as i shall pass from one particular to another , in this and the next section , shall desire the indifferent reader to put such an estimation on our losses in trade , as he shall think reasonable ; and shall first instance in our woollen manufactures , as being our principal commodity , and certainly of the most general and necessary use , ( and therefore in its nature the best ) in the world. before edward the thirds time the flemings manufactured our wooll , and had the merchandize of it , which gave the original foundation to the former wealth and popularity of the netherlands . edw. . observing the great advantages the flemings made of our wooll , brought over some flemish manufacturers , who by degrees taught the manufacture of cloaths of all sorts , worsted and divers others , particularly mentioned in our statutes of former times : and as the english more applied themselves to it , and increased ours ( as soon they did ) so did that of the flemings decay . for first , the english had the materials cheaper than the flemings , not only by the odds in the carriage out of england , but because the raw woolls afterwards exported were charged with great customs and duties to the king , as appears by the acts and writings of those times . secondly , because the manufacture was continually incouraged , and taken care of by laws for that purpose , as also appears by our statute-book . thirdly , at that time we had none of the present clogs on our manufactures , which have either become so by the better methods of trade first contrived by the dutch states , or have been grafted upon us by private or mistaken interests long since edw. ds time . i do not find that there was any absolute prohibition of exporting wooll till the statute of the th of his now majesty , chap. . yet the example of our cunning neighbours now tell us , that prohibitions , accompanied with a due improvement of trade at home , are not to be condemned . the flemish cloath-trade was long since so far reduced , that we had the sole merchandise of it , yet it cannot be denyed but the flemings kept up a manufacture of a sort of stuffs and sayes , ( but of no great bulk ) the make whereof the english had not been taught , till the duke of alva about years since by his tyranny and persecution for conscience , drove away their manufacturers , whom queen elizabeth like her wise predecessor edward the third entertained , seating them in norwich , colchester , and canterbury , whereby these manufactures became incorporated into the english , to the great advantage of those parts , and of the nation in general : they also taught us the art of making tapestry . before this the english exported great quantities of our manufacture into flanders , but doubtless more afterwards , for which we kept a rich staple at antwerp , the dutch long after they became states were ignorant of this manufacture , whom we therefore wholly supplied , exporting vast quantities of our cloaths thither , most whites , which were there dyed and dressed , and from these parts transmitted into the southern and south-east countries of germany , and many other nations : we had also the sole trade up the elbe , and thereby to the north parts of germany , jutland and holsteyne . we had the sole trade into denmark , norway , swedeland and liefland , and to the great territory of poland ( through dantzick ) by our eastland company , formerly very flourishing , and called the royal company . we had also the sole trade to the vast empire of muscovy . all which trades are sunk to a small matter , the dutch having set up mighty woollen manufactures of all sorts , and the flemings renewed or enlarged theirs , our exports to those parts are very much reduced . our hamburgh company , by whom the north parts of germany , jutland and holsteyne were supplied , do not vend near half what they did , the dutch and other manufactures having prevailed upon us in those parts , both for the finest and coursest cloaths : what we now export to hamburgh are a sort of cloaths of between , and s. a yard , and of those not near the former quantity . then for our eastland trade it is sunk more , i have heard several estimates , all near concurring with what i find in mr. cokes third treatise of trade , dedicated to prince rupert , viz. that this company only heretofore usually exported above broad cloaths , kerseys and doubles yearly ; but of late years not above broad cloaths , kerseys , and doubles . to give this worthy gentleman his due , he hath written more materially on the present subject than any man in this age , in which he hath not only demonstrated his deep judgement , but his great sedulity and sincerity in the discovery of the truth , professing himself ready to make out whatsoever he hath reported , before any judicature . there is too much reason and fact to warrant the great decay of this eastland trade , when the dutch manufacture is arrived to such a degree , besides which the silesian and polonian manufactures of coarse woolls are mightily increased , so that at dantzick , our late great staple , we now sell so little that 't is not worth the naming ; we now trade thither with treasure , whence we used to import much ; the like may be said of other ports this company formerly traded to . then for swedeland , the natives have lately set up a manufacture there of their coarse woolls , as well as denmark , liefland and norway , are very much supplied by the dutch , imposing greater prices and customs upon us for what they vend , and insisting to have treasure of us , where before they bartered for commodity . to which i may add , that our late great muscovy trade is in a manner lost ; the same mr. coke takes notice that the dutch send sail of ships into the sound in a year , and to muscovy , we do not send above seven into the sound in a year , of which two are laden with woollen manufactures , the other five with ballast , ( and are therefore to buy their foreign lading ) and to muscovy we hardly send two in three years ; during the late war we have sent somewhat more . we had also the sole trading for woollen cloathing into france , of which we vended thereto the value of l. yearly ; but the french having for these later years set up this manufacture at home , do now supply themselves ; and as their own hath increased , so have they laid greater impositions upon ours , till in ( ) the french king set an intolerable tax of about per cent. on all our cloathing imported into france , by which our cloathing-trade to france became in a manner impracticable , nor have the french any occasion to open this trade to us again . we had also the sole cloathing-trade into turkey , spain and its dominion ; and it must be confessed , that we have supported our turkey-trade better than any other , much occasioned by our importation of raw silk from those parts , for which we used to barter : but of late years the dutch are great competitors with us in the turkey-trade , ( though the english may have had the advantage whilst the dutch have been engaged in the late war ; ) the french have been long nibling at this trade , and both the french and dutch largely share with us in the spanish-trade . but what is yet more grievous , we import much fine cloth from the dutch yearly , and till of late great quantities of stuffs and druggets from the french , which french importation ( only ) amounted to the value of l. per annum , as mr. fortrey in his book of trade reports ; how much of these , or other french goods may be imported for the future , may be guessed from what i shall say in the last section concerning the late prohibition of french goods ; in the mean time it may be observed , how far our late monopoly of the woollen manufacture is vanished . we had also the sole trade for woollen manufactures to the kingdom of portugal , which trade hath been decaying several years , because of the competition of the french and dutch , but of late hath been worse than ever ; by reason that the government of portugal since the year hath prohibited the wearing of english cloath ; having set up this manufacture of their own wools ; we still drive a trade thither hear the complaints of these clothiers , who continue in the manufacture . i may add , that our exported wool is sunk to about a third of its late price . and whereas before the said irish acts , foreign ships did use to victual themselves out of the plenties of england , the irish being since forced to fat their own cattle at home , and by the cheapness of their lands being enabled to sell cheaper than the english , foreigners do now victual their ships out of the new stores of ireland , and cheaper than we can in england ; by which we are beat out of the trade of foreign victualing ? nay , what is yet harder upon us , the very english ships do now ordinarily victual from ireland : this trade of victualling is also much prejudiced by our late art of navigation , which does exclude much forreign shipping from our ports ; and of what yearly loss this must be to the english nation , and more particularly to the english land-holders , i submit to judgement . also the english , before the said irish acts , exported vast quantities of butter to france , spain , portugal , flanders , italy , and into ireland it self , and cheese also ; but the irish by the stop of importation of lean cattle , being put to make another rent of their land , have set themselves to the making of butter and cheese , and do not only supply themselves , but by the cheapness of their lands do under-sell us to these foreigners , and have therefore in a manner beaten us out of this trade ; and how much this must affect the dairies and rents of england , and what the yearly loss to england may amount to , i also submit to judgment . so before the said irish acts , england did furnish ireland with hats , stockings , dying stuffs , hides , fruit , sugars , tobaccoes , silks of all sorts , gold , silver , and silk lace , and ribbons of all sorts . and before the act of car. . cap. . intituled , trade incouraged ( by which the importation of scotch cattle was stopt ) england did furnish scotland with wrought wire of all sorts , haberdashers ware , as hats , ribbons , gloves , buttons , bandstrings of all sorts , vpholsterers ware , as hangings , stools , chairs , &c. all sorts of cutlers ware , as knives , scissers , sickles , scithes , all sorts of slop-sellers ware , as stockings , caps , course shifts , and frocks : by all which , the english manufacturers and nation made considerable gain . but the commerce between between england and ireland , and england and scotland , being stopt by reason of the said acts , the irish and scotch do otherwise supply themselves with these manufactures , partly by the like manufactures set up at home , partly by such other foreigners with whom they now trade : and the scots upon occasion of the said act of car. . imposed a tax of per cent. on all english commodities imported into scotland . it is a hard matter to put a just estimate on these yearly losses ; for the present i shall leave it to be computed by our melancholick english tradesmen . by means of the same irish acts , we have also lost the exportation of english hops and beer from the eastern , southern , and western parts of england into ireland . and whereas before the said irish acts , england was the storehouse of ireland , and did furnish the irish with foreign imported wares of all sorts , and our irish trade did maintain above sail of our ships sailing between , besides what were employed outwards with commodities of the growths of ireland ; since the said acts , the irish are supplied by the dutch , or other foreign stores and navigation , and are much increased in shipping of their own . and as if the mischief of these acts would never have an end , it may be further observed , they were the occasion of increase of sheep , and thereby of a vast increase of wool in ireland , by which the french and dutch woollen manufactures are now more plentifully supported , and rather cheaper than the english. and now the irish , for the former reasons , also furnish our foreign plantations , with very much of their butter , cheese , clothes , and other necessaries of the growth and product of ireland : considering which , and that those of new england , of late furnish the rest with flower , bisket , salt , flesh , fish , &c. ( all which were formerly exported from hence ) we may expect our plantation-trade for sugar , tobacco , &c. must e're long be wholly driven with exported money , or with foreign goods bought with exported money , since by this means , by the insufficiency of our own home-manufactures , and the growing luxury of our planters , we are forced to send vast quantities thither already , particularly , foreign linnens of all sorts , paper , silks , and wines of all sorts , brandies , and other things mentioned in the next section , besides great quantities of wines sent from the madera's , paid by bills of exchange drawn on our merchants in lisbon . the consequence of the whole is , that the loss of the irish trade , and the consequences thereof , have much assisted in the impoverishment of the english , ( who bear almost all the charge of the government ) and will eat upon us more and more daily ; and on the other side the irish , who lately dealt so cruelly by us , and are a conquered people , are made far richer on a suddain , and that the irish lands do much rise in rent , whilest the english sink . having given this accompt of our direct and consequential losses by the irish acts , i expect to be answered by some , that howsoever these acts may have prejudiced us for the time past , they are now expired , and that by consequence we shall now be let into all the advantages we had before the acts made . this i shall examine before i go further , and with that impartiality as i think becomes an english-man , without being byassed by the situation of my lands : which if any man does , this consequence must appear mistaken . for first , the manufactures set up in ireland , will still continue to the same prejudice of ours ; and 't is highly probable ( if not certain ) that they will improve , by the cheapness of their provision and wages . secondly , having now long used to fatt their cattle ( with which they do not only continually victual all sorts of ships , but forreign towns , armies and nations , particularly the french , and those of the united provinces , besides the return they make by the vent of their hides and tallowes ) it is not to be imagined that they will be so mad as to give up this far more profitable trade . thirdly , they will breed , manufacture , and export as much wooll , butter , cheese , &c. as before . fourthly , these exportations obliging them to commerce with the french and dutch , as before , it must be expected that they will generally still buy such commodities as they want of the dutch and french ; and much the rather , because the dutch and french , for reasons before mentioned , can and will afford them much cheaper than the english. what advantages shall we then have by the expiring of the irish acts ? 't is confessed , that their territory being large , most fruitful , and now plentifully stored with cattle , they may carry on their other trades , and yet furnish us with abundant stores of cattle for our money ; which they already do , sending many of their cattle near or altogether fatt : supposing them lean , yet will not this nation get d. a year by it , but will be a yearly loser . for the meer importing of irish cattle , did never advantage this nation otherwise , than as it secured the irish in that base way of trade , and from turning their national industry into a competition with the english in other trades ; during which time , what money they received for their cattle , they generally laid out in london , or elsewhere in england , for the commodities i mentioned before , and others , by which ireland was stored ; but now i do not see how it can be avoided , but that they will carry out all or the greatest part of the money they receive , in specie , which may probably be little less than l. per annum , i conceive much more than double that sum , considering what victuals and other commodities we freight from thence in our voyages yearly ; so that the importing of these cattle will not only greatly sink the welch and northern rents , but all other rents in a little time ; which must demonstrate the further necessity of easing and regulating our trade equal to the dutch or french , who will otherwise thrust us out of this trade and all other , and will give a greater vent to the irish commodities daily . in the mean time we may observe , that we ought not to be governed by such narrow principles as the situation of our english lands , but by the national interest . lastly , i shall add , that should we suppose a compleat restitution of our losses in and by the irish trade , yet considering our other defalcations in trade , and our present poverty , it would not restore the ballance of our trade , or not to any such degree , as to secure the nation . our fishing trade hath decayed continually of later years ; we formerly supplied france , spain , muscovy , portugal , and italy , with great quantities of white herring , ling , and cod-fish , which trade is now lost to the dutch , french , &c. we have only the trade of red herrings , which we retain ; because , before the dutch can bring their herrings upon their own coasts , they grow too stale to be cured for red herrings : and what a miserable thing is it for our poor starving natives to see the dutch , and other foreigners draw such inestimable treasures out of our own seas , and at our doors ? this fishing trade ( bringing in no custom ) was insensibly lost in the pursuit of our plantation-trade , on which great customs are imposed . so is our iseland fishing very much decayed , where we have not a fourth part of the trade we had twenty or thirty years since ; the like may be said of our newfound-land fishing ; and our groenland fishing , where we had the sole trade , is quite lost : the dutch had far beaten us out of these trades , but the french of later years have struck into a good share of the whole , beating out the english more & more ; and by the loss of our fishing trade , our national gain must not only be vastly sunk , but our sea coasts are generally impoverished to a lamentable and almost incredible degree , and our nation is deprived of this great and necessary nursery of seamen . our foreign trade for woven silk-stockings , and knit woollen stockings , is much decayed , by reason that these manufactures are set up in divers foreign countries , which ( though perhaps they are not , nor for woollen stockings can ever be so good as ours ) yet they greatly hinder our foreign vent ; and our late great trade and exportation of english hats to spain , is in a manner lost , being now mostly supplied by the french. our exportations to the canary islands are vastly sunk in quantity and value , from what they formerly and lately were ; of which i shall speak more particularly in the next section . amongst many other excellent materials , we have in england great store of tyn and lead , capable of rich and mighty manufactures in mixture , and otherwise , as appears by our imported tynned plates from germany , which are computed to cost england near l. per annum ; and then what does that manufacture bring into germany from other countreys ? this art the english were never taught , but have had a manufacture of pewter , made of our tyn and lead , of which we made and exported far greater quantities to spain , than of late years we have done , since the dutch and others came to share with us in that trade , so did we export more of it into france and holland , in which countreys 't is now prohibited . we now manufacture very little of our tyn and lead , but export these materials to be manufactured in other nations , to whom we are little better than the miners ; and though some forreigners have lately taught us to make better pewter than before , yet the bulk and exportation of it is much less . our exported tyn is sunk more than half its former forreign price , and our exported pewter above a third , as is also our exported lead . perhaps more instances might be given of decayes in our exportations of late years , though it may be considered that we never had many exportable manufactures of very great bulk and value , nor in truth any but that of our wooll ; so that if we so much fail of our former gain in this commodity , it must strike deep on our former ballance ; but much more if we also fail in so many other exportations and beneficial trades . and after these losses in our exporting trade , a further estimate ought to be made of the decay in our trade from port to port ; for though the english never were , nor since the dutch began to trade could be , considerably masters of this kind of trade ; yet may it be presumed , that whilst we kept the monopoly of cloth , our merchants by the barter and vent of this commodity had then more advantagious opportunities of buying and selling forreign goods in forreign ports ; and the rather , because it not only gave the english an extraordinary reputation , but a real preference in those parts they then principally traded to ; besides , the former privileges the english long enjoyed in muscovy , enabled them to so much of this kind of trade as related to that empire , which advantage we have lost by the resumption of those priviledges , whereof i shall say more . but perhaps i may be told , that all our before mentioned defalcations in the beneficial parts of our trade , have been made good by the accession of the plantation-trade in the reign of king james , ( being within the compass of the years mentioned in the accompt from the mint ) and by the increase of it since ; and i the rather expect this objection , because this trade remaining inclosed to the subjects of the crown of england , who for want of other trade are thrust into it , it makes a great noise amongst us ; i shall therefore speak more particularly to it , than yet i have , that i may leave no holes for starters . it may be alledged , and must be confessed , that this trade hath imployed a good number of ships , and hath brought in great customs ; but nothing of this is to the present question , being only , whether it hath advantaged the nation in its annual gain of treasure ; which i conceive this trade hath not , if ballanced with the losses the nation hath received by it . all the gain england can or ever could receive by this trade , must be in the return and result of those commodities we import from the plantations , ( viz. sugars , tobaccoes , dying stuffs , &c. ) in exchange for so much of our butter , cheese , beer , woollen cloaths , hats , shoes , iron-work , and other home-commodities as we export thither . now that the labours of the same people in fishing or manufactures at home did , and would have produced a greater profit to the nation than these plantation-commodities , i think no man , considering what hath been said before , can so much as make a question . in fact our fishing for white herring and cod was deserted for this trade , and the continual transplanting of multitudes of our manufacturers and other people , hath inevitably more and more sunk and disabled us in all manufactures and home-employments . then for the supposed advantage we have in the vent of our home-commodities to the plantations , 't is plain they are but our own people ; and it must be undeniable , that had the same people stayed in england , they would have taken off a far greater quantity ; for whereas we now furnish them with some small part of their victuals , we should then have supplyed them with all , viz. with bread , flesh , fish , roots , &c. which now we do not ; and they would have taken off far more of our butter , cheese , cloathing , drink , and other home commodities , when they had them at hand , and had been put to no other shifts . but our infelicity is yet greater ; for our plantation-trade ( though at the best far less valuable to the nation than the same people and their labours at home ) is yet grown much worse than it was or years since , and must grow worse and worse continually . this must notoriously appear by what hath been said in this section , when by means of the late irish acts , and for other reasons there mentioned , we are forced to export unto , and furnish these our plantations with so much less quantities of our own , and so much greater quantities of forreign goods than formerly and lately we did . besides which , by a further improvidence we have lost other advantages in this trade : our re-exporters being to receive back half the customs ( which in this trade are very mighty ) it hath followed , that the dutch coming to be furnished with our sugars and dying stuffs much cheaper than the english , ( as being charged not with half the customs ) have been by that means able to set up and beat us out of the forreign trade of baked sugars , of which they bake and vend above times the quantity the english do ; so do they now use far the greatest part of our dying stuffs , gaining near as much , if not more , by these manufactures than the raw materials yield the english . then , if this trade did originally subvert or weaken several better trades , and besides is now less valuable than it was , instead of an improvement , it ought to be reckoned amongst the defalcations in our present trade . and though it be not so direct to the present question , i shall adde , that we have little reason to boast of our navigation in this trade , when it was the occasion of the loss of a more certain and beneficial nursery of seamen and shipping in our fishery , when at the same time the strength and business of the nation have been so much contracted by the loss of our people , when our planters of new england having gotten a considerable navigation of their own , do trade from port to port in america , and have in a manner beaten us out of that kind of imployment in those parts ; and when the irish shipping , together with the growing plenties of ireland and new-england , threaten the like in the trade of exportation and importation . to all which may be added , what we ought to expect in case the dutch may retain and cultivate surinam as far as 't is capable , since it will produce as good sugars and tobaccoes as any part of america , and as much as will serve the greatest part of the world , if not all . nay , these plantations may be considered as the true grounds and causes of all our present mischiefs ; for , had our fishers been put on no other employment , had those millions of people which we have lost or been prevented of by the plantations , continued in england , the government would long since have been under a necessity of easing and regulating our trade ; the common wants and cryes of our people would infallibly have obliged it ; but much of the industry of the nation being turned this way , and the plantations affording room and hopes for men of necessitous and uneasie conditions , and our lawes mentioned in the seventh section , posting them away , they have deserted the nation continually , and left us intricated and fettered in private interests and destructive constitutions of trade . and thus , whilest we have been projecting the increase of customs , we have fed our selves with the shadows of trade , and suffered other nations to run away with the substance . i am assured , that the english at jamaica are now near , if not fully treble what they were when sir thomas muddiford was governour there , and then they were at least ; whence some conjecture may be made at the rest . sect . xii . instances in late increases and excesses of our forreign importations , and therein of the decay of some other of our own manufactures which supplyed our home-vses , viz. in linnens of all sorts , more dear fine linnens used ; incidently of the late and present huswifery of english women : in ticking , in imported woollen manufactures from holland , france , and ireland ; in cordage , cables , sayls and sea-nets ; in iron , in brandy , in wines of all sorts , these risen in price ; the particular odds in our former and present canary-trade ; in coffee , in earthen ware , pitch , tarre , hemp , flax , and forreign timber bought dearer , and far more timber imported : in imported silks of all sorts ; in laces , and many other things , and thereupon our late french overballance considered . to which added , our late losses by the french capers , and money exported to france by our travellers , &c. the national overballance inferred , this cleared by a deduction of our trade , with relation to the dutch and french , and therein of their gradual increase , and our decay in trade ; whence the growth of the french and dutch revenues and strengths observed ; a farther calculation of our late and present overballance ; incidently of some farther advantages in trade forreigners have upon us . in order to take a right measure of the overballance , it is observed in the eighth section , that if the beneficial part of our trade become worse , & the consumptive importations increase , it will sooner induce an overballance , and will cut deepest on the national stock of treasure . now it will much evidence the increase of our importations , if any of our own manufactures which are of necessary use at home , are lost , or impaired in any considerable degree of later years , because , the people must be then supplyed by the like forreign goods , to a greater degree than before . i shall first instance in linnen , lately a considerable manufacture in cheshire , lancashire , and the parts adjacent ; it was also the huswifery of our english ladies , gentlewomen and other women ; which general employment of our women , ( although most designed for the private uses of families ) did keep very many thousands of linnen looms at work in england , and did supply the greatest part of our national occasion for houshold and course linnens of all sorts . but all this manufacture of linnen in cheshire , lancashire , and elsewhere , is now in a manner expired ; and the huswifely women of england now employ themselves in making an ill sort of lace , which serves no national or natural necessity ; most of the rest spend their times much worse , or are idle , bringing a scandal on themselves and their families ; so that there is hardly a working linnen loom left in a county : which idleness and unprofitable living of our women , gives the dutch a farther great advantage upon us , whose women are mainly serviceable in trade . and hence hath followed a great increase of forreign imported linnens from holland and germany , dantzick , &c. much of which since the decay of our cloth-trade into those parts , we buy for money , bullion , or by bills of exchange , besides a prodigious increase of imported linnens from france , which of later years hath been estimated to cost the nation at least l. per annum , which must now be supplyed from other forreign parts , and dearer , if our new prohibition be observed . it hath also occasioned a far greater home-consumption of indian callicoes , &c. bought with money ; and the rather , because the english of all sorts use more linnen than ever , in their apparel , beds , curtains , hangings , &c. this importation of linnen is also become far more chargeable , by the more general use of dear fine hollands , and other fine forreign linnens of great value ; which till of later years were only worn by some people of quality , and by them very sparingly . thus also is our manufacture of ticking in devonshire and somersetshire much impaired , and much more forreign ticking imported : such is our importation of linnen , that at this day an english linnen-draper who deals for l. per annum in linnen , doth hardly sell l. per annum english of all sorts . suppose all the people in england one with another bestow l. a piece more in forreign linnen yearly , than they used to do ; what a vast summe must this amount to ? and this being of so universal use , how soon may the increase of this importation alone turn the ballance of the english trade ? there is hardly any nation in europe but hath a manufacture of linnen , at least for home-uses , except england ; from scotland we have much , and in ireland it is a growing manufacture much encouraged . to this may be added the new importation of woollen manufactures , viz. cloths , stuffs , and druggets from holland and france , of a great yearly value , mentioned in the eleventh section , but proper to be remembred here . and it ought not to be forgotten , that no sooner had the irish learned to make frize , but presently irish frize became a great fashion in england . our manufactures of cordage for ships , cables , and sea-nets , are also much decayed from what they were , much occasioned by the late dearness of imported hemp and flax , as hath been intimated before , and we are therefore forced to import much more of these commodities from the dutch and french ; the act of navigation not prohibiting the manufacture ; which is worthy to be observed . there hath been a great increase of imported iron from swedeland , flanders , and spain ; by this means many iron-works are laid down already in kent , sussex , and surrey , and elsewhere ; and the rest must suddainly follow ( if the importation continue , ) which will bring at least families in england on the parish-charge , and must sink the price of all the woods now employed for iron-works to little or nothing . imported wire hath already beat out our home-manufacture of wire . our english distillations of strong waters of all sorts , did formerly serve the national uses , but of late years , our people at home , and mariners abroad , have been supplied with imported brandy from france and germany , which being hardly known in england within less than years , hath of late cost the nation above l. per annum . so hath the importation of all sorts of foreign wines , vastly increased of later years , especially out of france . we have also bought french wines dearer than formerly , and have bought them with our money , bullion , or by bills of exchange ; but formerly with our exported commodity . besides which , we have vast quantities of imported spanish wines , which till of later years , we also purchased with our exported commodities , at the rate of l. per pipe , but now at about l. per pipe , and mostly with money , bullion , or bills of exchange ; so that 't is computed that of later years it hath cost england near l. per annum , in imported spanish wine , over and above the value of our commodities exported to the canaries . so , even before the stop of french wines , we had very much more portugal and rhenish wines imported and consumed at home than ever ; besides italian , greek , and smyrna wines ; if the importation of french wines continue prohibited , we must expect as much more of these and spanish wines as will answer our present general debauchery : many of these wines were hardly known in england of late years , and the rest far more sparingly drunk ; but our imported wines do now in the whole cost the nation the greater part of a million per annum . thus do we swallow and piss out inestimable treasures , and contemn our own excellent and more wholsom drinks , which might be improved to a much greater perfection , both for our use at home , and trade abroad ; and whilst every one is an ambitious pretender to a critical palate in wine , and is ready to impeach the guilty drawers for mixtures , molossus , and arsenick , we are contented to let our brewers abuse our own liquors as they please . and as if the english could affect every thing because it is foreign , we have also a new chargeable importation of coffee , which of all others seems to be most useless , since it serves neither for nourishment nor debauchery . we have also had a vast increase of imported earthen ware from holland , most of it made of our own earth and lead . to these ought to be added such other importations , as are now bought much dearer than formerly , spoken of before , but fit to be remembred here : such are pitch , tar , hemp , flax , and timber from norway and liefland , being also mostly bought with money , since the decay of our cloth-trade into those parts ; and of these the yearly quantity of imported timber of all sorts is vastly increased of later years , by reason of the decay of our english timber ; so that we are over-ballanced in our trade for these commodities several l. per annum . nay our so much boasted turkey trade is so far infected by the general disease , that we now yearly export almost as much treasure to turkey , as the value of our cloth exported thither amounts to . of late years we exported little or no treasure thither ; nay , i have heard that formerly we imported treasure thence . in exchange for the treasure and cloth now exported , the principal commodity we import is raw silk , this serves our own silk manufactures most consumed at home , except silk-stockings , for which our chief remaining ▪ foreign markets are cales and hamburgh . this cloth-trade depending on the vent of imported silk at home , is already considerably checked by the continual increase of imported raw silk from the east-indies , where our india company buy it with exported treasure ; this year they here imported more than ever . this last sale they exposed to be sold no less than bales of raw silk . the english formerly wore or used little silk in city or countrey , only persons of quality pretended to it ; but as our national gaudery hath increased , it grew more and more into mode ; and is now become the common wear , nay , the ordinary material for bedding , hanging of rooms , carpets , lining of coaches , and other things : and our women , who generally govern in this case , must have foreign silks ; for these have got the name , and in truth are most curious , and perhaps better wrought , as being most encouraged . of the same humour are their gallants , and such as they can influence ; and most others . our ordinary people , especially the female , will be in silk more or less , if they can ; though never so plain , stained or tattered : whence hath followed a vastly greater importation , and home-consumption of the dear silk-manufactures from venice , florence , genoa , france , and persia , and of late from holland ; where they have improved their silk manufacture to a considerable bulk and perfection . this our affectation and use of foreign silks having apparently much increased , within about twenty or thirty years past , must produce a great odds in the ballance , and besides hath much contracted the home-vent of our woollen stuffs and cloths , and beggered our own silk-weavers . and it may be here taken notice of , as one of the mischievous consequences of our present importing trade , that our merchants to preserve their only home-market , must bring in such curious and serviceable foreign manufactures as will beat out our own . this importing trade agrees well with our shop-keepers , who can get more by foreign commodities , ( of which , few or none know the prices but themselves , and the merchants . ) we have also of late a very chargeable importation of laces from venice and genoa , but most of later years from france , all which are commonly called points de venice , amounting to a vast sum yearly . of all others our late overballance in the french trade , hath been most prodigious ; and such have been the arts to attain it , that it would require a particular treatise by it self : but it will be necessary to what i have undertaken , to give some brief accompt of it , and in what it did consist ; and the rather , that something of the variety of the french exportable manufactures and other goods may appear . i shall begin with what mr. fortrey reports in his book twice printed , and dedicated to his now majesty , and therefore i presume of good authority . he tells us , that upon a jealousie the french king had conceived of the ballance of the english trade , there was an estimate thereof given in to the french king ; whereby it appeared , that there was yearly exported of french goods by the english , to the value of l. viz. . in velvets plain and wrought , sattins plain and wrought , cloth of god and silver , armosynes and other merchandizes of silk which are made at lions , of a great value . . in silk-stuffs , taffeties , poudesoys , armosyns , clothes of gold and silver , tabbies plain and wrought , silk ribbands and other such like silk-stuffs as are made at tours . . in silk ribbands , galloons , laces , and buttons of silk , which are made at paris , rouen , chaimant , s. eslieres in forests . . a great quantity of serges , which are made at chalons , chartres , estammes , and rhemes ; and great quantities of serges made at amiens , crevecoeur , blicourt , and other towns in picardy . . in bever , demicaster , and felt-hats , made in the city and suburbs of paris , besides many others made at rouen , lyons , and other places . . in feathers , belts , girdles , hatbands , fans , hoods , masks , gilt and wrought looking-glasses , cabinets , watches , pictures , cases , medals , tablets , bracelets , and other such like ware. . in pins , needles , box-combs , tortoise-shell-combs , and such like . . in perfumed and trimmed gloves , that are made at paris , rouen , clendosme , clermont , and other places . . in papers of all sorts which are made at auvergne , poictou , limosin , champaigne , and normandy . . in all sorts of ironmongers wares that are made in forrests , auvergne , and other places . . in linnen cloth that is made in brittany , and normandy , as well course as fine . . in houshold-stuff , consisting of beds , matresses , coverlids , hangings , fringes of silk , and other furniture . . in wines from gascoigne , mantois , and other places on the river of loyer , and also from burdeaux , rochel , nante , rouen , and other places . . in aqua-vitae , cyder , vinegar , verjuise , and such like . . in saffron , castle-soap , honey , almonds , olives , capers , prunes , and such like . . besides or vessels of salt loaden at maron , rochel , bovage , and the isle of oleron , and isle of rhee . but that the commodities imported out of england into france , consisting chiefly of woollen cloathes , serges , knit stockings , lead , pewter , allom , coals , and all else did not amount to above a million yearly , which left the over-ballance l. 't is true , that since this there was an estimate of the french overballance taken in england by some english merchants , from the entries of the port of london , by which it was computed , that the french overballance amounted to about a million ; this was presented by our merchants to our lords commissioners upon a treaty of commerce with france in ( . ) ( which came to no conclusion ) and afterwards to the parliament ; which seems to impeach the estimate of the french overballance reported by mr. fortrey , as to the quantum . this i need not contend , since if the french overballance had been no more than a million , it was enough to impoverish us , considering our importations from other forreign nations ; but that i may not totally desert mr. fortrey , i shall take notice , that this english computation was taken from the entries of the port of london only , from whence there may not be any so just a calculation for all the rest of our ports ; and that the entries do not comprehend any of those french commodities which were prohibited by our former laws , and are therefore imported without entry , which are accompted to amount to some hundreds of thousand pounds yearly , perhaps near to another million . but on the other side , that the french entries must be certain as to the exportations from france ; that mr. fortrey would not be willing to falsify with his majestie of england , nor the french ministers with the french king , in a matter so important . nor is it to be thought that our importations from france decreased in quantity or value since mr. fortrey wrote , to the time of the prohibition , but rather increased ; whereof our merchants then gave an instance in wines and brandies , from the entries of the port of london , as followeth : from mich. . to mich. . there was imported into the port of london tuns of french wine , and then the quantity of brandy was so small and inconsiderable , that it deserves not to be noted . from mich. ( ) to mich. ( ) . there was imported into the port of london in the said two years , tuns of french wine , and of brandy about tun. from mich. ( ) to mich. ( ) was imported into the port of london tuns of french wine . from mich. ( ) to mich. ( ) was imported to london tuns of brandy . from mich. ( ) to mich. ( ) was imported to london , as near as can be computed tuns of brandy , and every tun of brandy consuming about tuns of wine , makes the quantity of tuns of wine . this i the rather take notice of here , because from hence it doth also appear , that the additional impositions on french wines and brandies by our parliament in ( ) did not make the importation of them less tolerable or practicable than before , and therefore were only impositions on the english subject . nay , the french have been able to raise the prices of their wines and brandies upon us , even since ( ) as the same merchants represented . for , in ( ) langoon wine in france was not above crowns per tun , clear aboard . in anno ( ) the price was crowns . in anno ( ) crowns . in anno ( ) crowns . in anno ( ) crowns . in anno ( ) crowns . in anno ( ) crowns . in anno ( ) crowns . and all sorts of clarrets are risen double the price , since the year ( ) . so said the merchants in the year ( ) and whosoever will take the pains to look into the custom-books , will find a mighty increase of imported french wine and brandy since ( ) to the time of the prohibition ; and that , for several years last past , our importation of french linnen , silks , and other commodities , have also continually grown upon us , whereof we have an infallible evidence in the continual rising of our customs . i have heard that the quantity of french wines imported in . made about tuns of wine , and that about the years ( ) ( ) and ( ) the quantity yearly imported was about tuns of wine . but on the other side , the french policies have been as industrious to suppress our english trade , upon which they have gradually imposed more and more taxes , and at last so great , that it amounts to a prohibition ; as may be instanced in our woollen manufacture . in the year , the duty on an english broad cloth imported into france , was livres . in anno ( ) it was raised to livres . in anno ( ) to livres . in anno ( ) to livres , and yet did the english continue to export considerable quantities of our woollen cloathes into france . but in anno ( ) being after mr. fortrey wrote , it was raised to livres , which is about per cent. a piece of serge in anno ( ) per livre . in anno ( ) livres . in ( ) livres . in ( ) livres , which also amounting to about per cent. was equal or worse than an express prohibition ; so that all our exportations of our home-commodities to france in the year . amounted but to l. . s. as it was calculated from our own entries ( if my copy be true . ) it will not be a digression to shew how industrious the french policies have been to suppress our trade to other nations . it is now about five years since that our merchants , observing the dutch & other neighbour nations to be in war , but ours in peace ; they had now golden hopes of driving a mightier forreign trade than ever ; for which purpose they thought it convenient to buy many dutch-built ships , and somwhat the rather because they had lost many ships in the late war : but the act of navigation standing in their way , they obtained his majesties license for it . but thereupon , there presently came out a french edict for the seizing of all ships bought in any enemie's country , which did discourage many of our merchants from buying any ships , yet many were bought and escaped safe to our ports ; these and many english ships our merchants forthwith freighted and sent out , in prospect of a swelling trade , and vast returns of treasure . but immediately there came out swarms of french capers , who seized on those dutch-built ships , though they had all necessary passes ; and from thence , finding the sweetness of it , they fell to taking of our english built ships , on pretence they carried enemies goods , whereof they themselves would be the judges , and did actually seize all sorts of english built ships , laden meerly on the account of english merchants , they took meer english coasters ; nay , they retook many of our ships which had been actually discharged in france ; they plunder'd our ships , and grievously beat and wounded our generous seamen ( who never before dream't of any thing but the sovereignty of the sea ) and killed many . then were our ships carried into the french ports , and our merchants put to prove the property of their own ships and goods before french judges , in the new erected french admiralties , by a long and tedious proceeding ; by which , and also in the french court , and by the treachery of their own agents , they were put to vast expences . there were about sail of our merchants ships seized in this manner , many of which the french thought fit absolutely to condemn ; and such as were released were kept , some three months , some six months , some twelve months , and some longer , and then were discharged with great damage , by plunder and expence in france , besides the first violences ; and after all , lost the intended fruit of their voyages , of which , doubtless the french were very sensible : and what is yet worse , the french king making the utmost advantages of every thing , got thousands of our seamen by extraordinary pay , to engage in his service , to which he doth still indear them by money , and all imaginable encouragements . all which being done in times of peace , could only be intended to impoverish and disable our merchants trade and nation , notwithstanding their pretence of carrying enemies goods ; this is evident as well from the said edict , and from the nature of the whole transaction , as by another edict set forth by the french king about the same time , giving liberty of trade to any nation ( without exception ) that would take french passes ; for it being foreseen that the english would not take any , because of the english claim to the sovereignty of the seas , it left other nations then at enmity with france , at liberty to take passes , and by consequence to trade ; who accordingly did , and traded without controul , particularly the dutch : so did the swedish ships at the same time openly trade to and from holland , and other countries then at enmity with france ; without any disturbance from the french capers . this might administer further considerations ; i shall only at present accommodate it to the matter in question , being the over-ballance of trade ; which must needs have been the higher upon us , as our merchants received more injuries and losses of this nature . to this i shall add , that it is an incredible sum of money which our english gentlemen and travellers of all sorts spend yearly in france , to learn unprofitable apish affected french fashions , and modes in their carriage , talk , cloaths , eating and drinking . it is below any of these english mounsieurs to enquire into the trade of france ; this expence is not near ballanced by the expence of the french travelling gentry , or others in england ; the french that come hither , being ordinarily such as come to get estates by vending french manufactures , wines and other commodities , dancing , cookery , &c ▪ and when they are grown rich , do generally transport themselves , and their estates into france , and so spirit away our wealth . many of these losses by the french , being not comprised in the former instances , require a further ample valuation . i believe other instances may be given of the late increase of our importations , our national luxury and folly being such , that our merchants find a home-vent for almost all sorts of foreign goods and trifles in the universe : these i leave to be added by the observation of others . in the mean time , considering what the utmost gain of our trade might be , during the years mentioned in the accompt from the mint , it must be evident from what i have already said , that we have been overballanced many l. per annum , of later years . the particulars i have mentioned in this , and the last section , being such as have happened , or worked more signally and vigorously upon us during the years mentioned in the said accompt ; which ( that i may prevent alterations ) i shall endeavour to clear , by a brief deduction of our trade during the same years , which i cannot do without some relation to the french and dutch trades ; of whose rise and growth , and their consequential increase of strength and power , i shall therefore also give some accompt . i shall begin with that of the english : before the dutch were cemented into states , the english had far greater advantages in trade than any neighbour nation , by the greater plenty of our more excellent oak-timber , victuals , numbers of seamen , home-materials of manufacture , our great woollen-manufactures , our fishery , and other our valuable commodities mentioned before : besides the german , flemish , and french trades . that of the sound , and streights , our adventurous merchants and mariners in edw. the sixth's time discovered the north-east passage by sea to muscovy , which trade was before driven by the merchants of the hans-towns a-cross the baltick : such was our good success , that by the great commerce our merchants brought , and by the embassies and applications of our succeeding princes , especially queen elizabeth , the czar granted them a free trade at his port archangel , ( that is ) without paying any impost ; which he would not grant to others : whereby the english became possessed of the whole trade of a great advantage ; besides which , our woollen-manufactures were not a little improved in bulk and value , by means of those flemmings or walloons driven out by the duke of alva , and entertained by queen elizabeth ; spoken of before . in this condition was our trade when the dutch united provinces came to a settlement , being about years since ; the dutch hereupon found themselves obliged to study all imaginable wayes of gain by trade ; for the people driven into these provinces by the spanish tyranny and persecution for religion , were very numerous , the countrey very narrow , and yielding little of the necessaries of life , and the long and continual charge of their war with spain very great ; from which necessity followed much contrivance and industry , and thence those arts and easie methods of trade which have wrought so great changes in most parts of europe , if not throughout the world. first there followed these alterations in the trade of europe ; the dutch fell into a mighty trade or employment of carrying and dealing from port to port , far beyond what was ever used in these parts before ; which trade they engrossed , beating out the antwerpians , english , and all others , except in what related to muscovy , ( secured to the english by our privileges there ) and what related to spain during their wars with that crown ; the portuguese , having before found out the way by sea to the east-indies , and having by that cheaper passage beat the venetians out of that trade , and planted mighty factories and forces in the indies ; the dutch before , the year , being informed of the riches of that commerce by one cornelius hou●man a fugitive from the portuguese , eng●ged in a trade thither , and in the year , by the authority of their union , established their east-india company ; who upon their original fund , being l. sterling , made so great a progress in that trade , that besides several considerable dividends before made , upon a compute in the year , their stock was increased to three millions sterling : and in this great carriere very speedily supplanted the portuguese in this trade ; their success was little less in the fishing trade for white herrings , ling and codfish on the coasts of england and scotland , which they extended beyond what we ever did , incroaching daily on the english , being enabled thereto by their more easie methods of trade ; and the english the more disabled by our application to the plantation-trade in the time of king james , whereof the wife sir walter raleigh , by the occasion of his travels , taking notice , about years since gave a caution of it to king james , shewing the reasons , and proving that the dutch then got l. per annum sterling by this trade , by the accompts he took at several ports , ( and yet he mentions not their trade in the streights , and but one port in france , viz. roan : ) notwithstanding which , the dutch still getting advantages upon us , had near beaten us out before the end of king james his reign ; and soon after became compleat masters of it . thus was this our fishing-trade , of great and certain profit , and of high importance for the support of our navigation and coasts , supplanted ; in the place of this , we had our plantation-trade , of which having spoken so much before , i shall say no more , than that it brought in great customes : yet , not forgetting , that king james succeeding queen elizabeth , ( who to reduce the late portentous greatness of the austrian family , had supported the dutch ) made a peace with spain , which gave the english a particular advantage in the trade of spain for a time , viz. till the dutch made a peace with that crown ; and since that hath continued a very beneficial market for many of our commodities , being there vended for ready-money : our trade to muscovy remained secured to us by our privilege there , and our clothing trade by our wooll , and the ignorance of other nations in that manufacture . we had a remaining fishery at groenland , iseland , and newfoundland ; we continued some other exports of lesser note mentioned before ; but the woollen-manufacture being our chief jewel , we kept the monopoly of it during the reign of king james , and for the greatest part of the reign of king charles the first , and generally raised the prices ; by all which , and for that our imports were less than of late they have been , the ballance of our trade , during the reigns of these princes , was kept up to the degree , we may compute it by the accompt from the mint , which though somewhat , was but a narrow scantling , considering how prodigiously the french and dutch trades were improved and grew up by us continually ; yet have we since lost , or much impaired all these principal advantages in trade , as i have already shewn . before i shew how these limbs of our trade became so much disabled , it will be necessary to observe what influence the dutch trade had upon the french. all the exportable commodities of any note the french formerly , and till this last age pretended to , were corn , wine , and salt : whereof that of corn was as considerable as any ; the other two being but sparingly exported , at least in comparison of what have been vended of late years : besides these , they had skins , tallow , and woad , and some fruits of little consequence ; which whole trade could bring in no great matter . but the dutch being ravenous after trade , and like bees thrusting themselves into every creek and corner for commodities to sell again , and barter away for profit , presently gave a far mightier vent to the french wines , with which they not only plentifully supplyed most other nations , but drank good store themselves , being their principal home - consumption ; of salt they took off yet greater quantities , not only for present merchandize , but to use in their prodigious fishery . as the vent of these grew greater , more were provided in france ; hence also did their infant-manufactures of linnen , silk , paper , brandy , and those numbers of others enumerated by mr. fortrey , and doubtless many more , grow up to gyants ; the hungry french tasting the sweet of the gain , did not fail to supply this busie people , though doubtless not without the conduct of an extraordinary wisdom ; since 't is apparent , that the dutch manner of trading made the same overtures to other neighbour nations ; the wise sir walter raleigh observed how free and easie they had made their commerce by lowering their customes and duties : they let in the french protestants by a toleration , and carefully superintended the increase of their manufactures . thus as the french shop came to have more things of delicacy and variety , it drew in more customers , and the english amongst the rest ; and as a great part of trade is driven in fantastical dresses , and toys of many sorts , the french took care to provide an abundance , with which they gulled the rest of the world : hence were their princes at first called fashion-mongers ; but they did not rest there , they soon became portentous tradesmen in the most solid and valuable commodities in the world , and thence lord mayors of the continent ; doubtless the present french king thinks it his high concern , and values himself upon it , of which we have an evidence in his nice and early looking into his great shop-books or entries , to find out the ballance of his trade with england , and by making his shop easie in the approach , viz. by his increasing his free ports , ( for in truth , it would be a very strange project of gain , for a tradesman to set a toll on every man that comes in at his door ) the same appears by an hundred other instances . thus have the dutch in a blind pursuit of their particular interests , built up a prodigie of power , which ( having of late propagated a great navigation of its own , as i shall more particularly shew ) is now so swelling , and of so serpentine a nature , that it is ready to devour those who first gave it life . the yearly value of the late and present exports from france , may be computed by what the english only took off , which supposing to be more moderate than mr. fortrey reports , ( which yet i do not admit ) viz. but two millions sterling , what a vast yearly sum must it amount to ? since there is great reason to think , and i speak upon the best authority i can meet with , that the dutch have taken off seven or eight times more yearly than the english ; for besides the mighty quantities of salt , wine , and brandy which they themselves consume , they export vastly more of these , and all other french commodities to other nations ; the french trade being indeed the principal foundation of most of the ordinary dutch trade from port to port. besides the dutch , the hamburghers , lubeckers , swedes , danes , and most or all other mercantile nations in this part of the world , do yearly freight themselves at the french ports , ( which must be one reason , and perhaps as yet the principal , why the french language is become so vniversal : ) whilest the french take very little consumptive commodity from these , nor yet from the dutch or english , but east-india spice , callicoes , &c. a trade which the french king hath also manifestly designed to engage in , by an association and contribution of stock in france , and his attempts to get footing in divers places of the east-indies ; some time will shew what his success may be , or whether at a lump , he hopes to unite the dutch trade and strengths in those parts to himself , by an union of the dutch provinces and their navigation to his present empire ; and whether then our english factories there , will be able to preserve themselves against daily violations , and utter extirpation . in the mean time upon what hath been said , let the reader compute , how many millions sterling must already yearly enter into france , by the annual vent of so prodigious a store of commodities ; it must be much the better part of twenty millions . i find it affirmed by a small piece lately printed , intituled , an accompt of the french vsurpations upon england ; which seems written by a man of good judgment , that from the northern countries only , the french wines now bring in millions of florens ; their salt , millions of florens ; brandy , millions ; their silks , stuffs , toyes , and fripperies , millions of florens more . what then do the french receive from all the other regions of the world , for these , and other things ? all which hath been visible in the gradual increase of the french power , from the time the dutch provinces began to trade . it must be admitted that both before and since the french monarchy became absolute ( this being a great and populous nation ) was able to bring considerable armies into the field ; but they could get little or no ground by arms on any of their neighbours , or soon lost what they got : the people were abject and recreant ; and more the ridicule , than the terror of their neighbours , the english and spanish treasures and strengths were notoriously too big for them ; the english conquered them several times ; the spaniards more lately beat them out of navarre , naples , and millan , and by their faction in france , drove henry the d. out of paris , and most of his other best cities , and afterwards not above years since supported the holy league with arms and money against henry the th , under the conduct of the duke of mayence ; both which princes fell by the hands of priests ; for the spaniards were then the strongest side . this superiority of the spanish power , made all the kings of france from charles the th , to lewis the th inclusive , glad to seek a support from the english ; and the more to endear themselves , got to be knights of the garter ( except francis the d. a king of one year , and no more ) these were , lewis the th , francis the st , henry the d , charles the th , and the said henry the d , and the th ; if we go higher to lewis the th , who next preceded charles the th , we may compute his treasure and grandure by a reckoning found in the chamber of accompts at paris , of s. for new sleeves to his old doublet , and three half-pence for liquor to grease his boots ; 't is like he was the poorer , because he and the rest paid a kind of tribute of crowns per annum to the king of england for years together ; before this , they were almost continually wasted by the english , till our dissentions at home called our forces away , leaving charles the th , predecessor of this lewis the th , to take possession of what he pleased , except calais . but soon after the french ports were frequented by the dutch navigation , we find the state of france begin to alter ; the said henry the th , having reduced the holy league , grew a mighty prince , added la bresse , bearne , and base navarre to the crown , and enjoyed a years peace , though at last murthered . lewis the th . was yet more powerful ; besides the reduction of the huguenots , and of above walled towns then in their hands , he added or revested to that crown , the dukedoms of barre , and lorrain , and other acquests in germany , italy , the belgick provinces , and other parts of the spanish dominions ; in which , and in italy , he was able at once to maintain five royal armies in the field ; keeping no less than men in pay and action for many years together , besides his garrisons ; and yet is the power of france since vastly increased , whereof every man is or has reason to be sensible . i shall refer the particular consideration of it till the last section . in the mean time , i shall only add what i find in dr. heylin's book of geography , p. , ( who being to give an accompt of the revenue of that countrey ) tells us , that lewis the th , gathered one million , and an half of crowns , francis the st . brought them to three millions ; his successor henry the d. to six ; charles the th . to seven ; henry the d. to ten ; henry the th . from two to five millions , sterling . this he attributes meerly to the more despotical power , and greater tyranny of the later princes ; and might be so in some measure : for in the time of charles the th . whilst in war with the english , there was an act by the three french estates , that the king might raise money in case of necessity ; which power , 't is likely was not at first used so moderately as it was after : however we cannot think henry the th . could leap from two millions to five millions sterling , without a great importation of treasure , which does not grow on the peoples backs like wooll ; the advance of the french trade and treasure , being the true reason , we may believe the revenue of lewis the th . was raised to more than double this , viz. ten millions sterling ; and that since it is doubled again , viz. twenty millions , ( as good judges of it as i can meet with say , 't is now above twenty millions sterling ) for the treasures of the world being drawn into france , as into a gulf , must answerably advance that king's revenue , and diminish the treasures of other nations ; which 't is probable is partly the cause that the price of most commodities in europe are sunk ; since according to the former maxims , if there be less money in the hands of other trading nations than before , they must and will buy for less . having thus far pursued the growth of the french trade , and power ; i shall now return to the english , as they were invested with the several trades before mentioned in the time of our two last kings , viz. king james , and king charles the first , and shall endeavour to shew , first , how we come to lose the monopoly of the woollen manufacture ; which was the effect of many concurring causes ; the dutch were generally vigilant after all trade , and particularly this , so much they shared with us long before , that they dyed , dressed , and vended vast quantities of our white cloaths exported thither , by which they made an incredible gain . sir walter raleigh about years since , in his observations on trade presented to king james , proves , england in years , had lost millions of pounds by the dutch dyeing and dressing our white cloaths ; but withal , the dutch by their vast navigation and universal trading , gave them a greater vent than we otherwise could do , unless by an equal regulation of our trade , the english had been made as capable ; without any thing of that , this course was taken ; one sir william kokayne , and other merchants , hoping to make an advantage to themselves , got a patent for the dyeing and dressing of our cloaths , with power to hinder the exportation of our white cloaths ; wherein we have our two usual expedients in trade , viz. a restraint to a company , and a prohibition ; by which our vent was lessened , and the dutch the more provoked to attempt this manufacture at home ; to which they had great encouragement by their situation for the trade of germany ; and the rather because our hamburgh company , who by their patent have the sole trade on that coast , for about six or seven hundred miles , kept but two staples , viz. at hamburgh and dort , remote from each other , and from many of those countries which they supplied : so as many of those who come to our markets , must pass and repass , through several principalities with much danger , and payments of tolls and taxes ; and besides , we raised our prices , and set such terms on the buyers , that others as well as the dutch , were much disaffected ; whereupon an opportunity was offered : for about the year . two hundred families of our manufacturers being about to forsake norfolk and suffolk , and transport themselves to our plantations , by reason of the then persecution of dissenters , the dutch invited them into holland , where the dutch did not only entertain them , but in leyden , alkmaer , and other places , planted them rent-free , and excise-free , seven years . after these went more and more colonies , which setled at rotterdam , middleburgh , and flushing , where a fourth part of the inhabitants are english , or of english extraction : besides vast numbers of english dispersed elsewhere in those provinces . the dutch having gotten the manufacturers , had half done their work ; they wanted nothing but wool , which if they might have on any tolerable terms , their advantages in the way of trade , must enable them to out-doe us , this they imported from spain , england , and ireland , and elsewhere , falling a main upon the woollen manufactures of all sorts ; so that about the year . they pretended to something of a cloth trade in germany , and soon afterwards took occasion to supply our eastland and northern markets more and more ; especially with fine cloth ; getting ground upon us continually , they bought our woolls dearer at first , but have gradually sunk the prices ; our vigilant neighbours , the french , started with them , or soon followed their example , as did the flemmings , the silesians , polanders , and some others mentioned before ; by all which , these and other parts of the world were as much supplied with coarse cloths , druggets , and stuffs ; but the dutch would not rest here ; trade was their business , and they observed , the virtue of ours ( such as we had ) depended wholly on accidents , and particularly that of muscovy on our privilege ; which therefore they found ways to evacuate , by bestowing money amongst the grandees of that court , and furnishing them with an objection against our merchants , as being londoners , and therefore ( as they insinuated ) must be concerned as actors in the horrid murther of his late sacred majesty , which it was in vain for our merchants to dispute , when the judges were fee'd on the other side ; this powerful metal ( whereof the dutch are never sparing on such occasions , and therein have a farther advantage upon us ) had so radicated their interests with the boyars , that notwithstanding all applications in an honourable embassy to the great czar from his now sacred majesty , by the earl of carlisle , our privilege could never be regained . soon after this , there followed two things convenient to be taken notice of for the prevention of misapprehensions on either side ; one was , that between the year ( ) and ( ) we had an accidental opportunity of increasing our treasure with the loss of our people , viz. by the stocking ireland with inhabitants , and cattle , after the reduction of the irish rebels , and by furnishing it with all sorts of goods and necessaries , then much consumed or spoiled by the wars and disorders there ; which on a sudden , brought us almost all the treasures of ireland ; which supposing but a million and an half , or but a million , was considerable . another , which prevented us of as much money as we thus got , if not of more , and doubtless exhausted us of some ; in the year . the late usurper oliver cromwell ( whose guilty fears made him jealous of the english , and seek a support from france ) did in conjunction with france make a fatal war upon spain ; which , besides the seisure of our spanish effects , and our vast losses at sea in that war , interrupted our trade with spain , and gave the dutch better footing , but opened our french trade ; at once weakning the ballance of our trade , and the ballance of all europe . thus it was before the year . but in regard our imports were then of far less quantity and value than they were after , 't is presumeable that our trade might be yet beneficial , especially considering our then irish trade ; but our importations increasing , we find what mr. mun , a principal english merchant thought of it , by what he saith in his book of trade , printed in ( . ) but , as appears by the preface , was written some time before ; the words are these , the whole trade of the realm for exportations and importations is now found to be about the yearly value of four millions and a half of pounds ; it may be yet increased l. more by the importations and consumption of foreign wares , by this means we know the king shall be a gainer near l. ( viz. by the customs ; ) but the common-wealth would lose the whole l. and the king shall be sure in the end to have the greatest loss , if he do not prevent such unthrifty courses as do impoverish his people . by which words , i take it as very plain , that before he wrote , our exportations and importations were computed to stand even ; which is the more enforced by the latter words , viz. that the common-wealth would lose the whole l. the people be impoverished , and the king the greatest loser at last . then if we compute our losses since ( ) , nay , or ( ) , viz. by the means of the acts of navigation , which ( though first begun by the rump , to the prejudice of trade in their time ) have been since made laws , and continued to our greater and daily growing prejudice . by all our direct and consequential losses from the irish acts mentioned before . by the loss or decay of our scotch trade . by the stop of our exported cloathing into france . by the setting up of more woollen manufactures in portugal , swedeland , and the palatinate , ( to which last countrey went some thousands of our manufacturers within less than twenty years ) and by the increase of these , and of the silesian , polonian , dutch , french , and flemmish woollen manufactures ever since , by which our vent must be answerably contracted . by the continual sinking of the forreign price of our cloathing . by the decay of our iseland , groenland , and newfound-land fishing-trades . by the sinking of the foreign price of our other exports mentioned before . and lastly , in a lump by a continual vast increase of our importations of all sorts and species mentioned in this section , with an exportation of treasure answerable to the whole . our overballance appears to me to be so much of late years , that it might be wondred how any of our late treasures could yet remain amongst us , did we not also consider that our trade by degrees , in length of time , had before the year ( ) brought a great treasure into england , and that these our latest prejudices and losses have not been working upon us many years . but if the overballance continue , it must soon sweep away what remains ; which mr. fortrey prophetically foretold in these words : hereby it may appear how insensibly our treasures must be exhausted , and our nation beggared , whilst we carelesly neglect our own interests , and strangers abroad are diligent to make their advantages upon us . sir william temple , in his excellent treatise of the dutch does presage the like . having laid it as a ground , that whatever the exportation wants in value , to ballance , the importation must of necessity be made up with ready money ; he tells us , that by this we find out the foundation of the riches of holland , as of their trade , by circumstances already rehearsed ; for never any countrey traded so much , and consumed so little ; they buy infinitely , but 't is to sell again , either upon improvement of the commodity ( viz. by manufacture ) or at a better market : ( viz. in the trade from port to port ) . by all this accompt of their trade and riches , it will appear that some of our maxims are not so certain , as they are currant in our common politicks : as first , that the example and encouragement of excess and luxury , if employed in the consumption of native commodities , is of advantage to trade ; the custom or humour of luxury , and expence cannot stop at certain bounds ; what begins in native , will proceed in forreign commodities ; and though the example rise among idle persons , yet the imitation will run into all degrees , even of those , by whose industry the nation subsists : and besides , the more of our own we spend , the less we shall have to send abroad ; and so it will come to pass that while we drive a vast trade , yet by buying much more than we sell , we shall come to be poor . whereas , when we drive a very smal traffick abroad , yet by selling so much more than we bought , we were very rich in proportion to our neighbours . this appeared in edward the third's time , when he maintained so mighty wars in france , and carried our victorious arms into the heart of spain , whereas in the th year of that king's reign , the value and custom of all our exported commodities , amounted to l. s. d. and that of our imported , but l. s. d ; so as there must have entred that year into the kingdom , in coin or bullion , or else have grown a debt to the nation , l. s. d. and yet we then carried out our woolls unwrought , and brought in a great part of our cloaths from flanders . whence two things may be remarked : first , that 't is much in vain to increase the value of our exports , if at the same time we increase our imports to a yet greater value , being now ( perhaps ) an times more than value . secondly , that although edward the third , revived the order of the round table , he did not perform his great atchievements by the meer virtue of knight errantry ; there is no doubt but our succeeding princes were enabled to make their conquests in france , by the advantages of our former trade , then far more considerable than the french. i shall only add , that this consumption by our importations , will not be prevented , but rather augmented by our late prohibition of french goods ; as i shall demonstrate in the last section . sect . xiii . that a considerable part of our late treasure is exhausted : application to our publick and private revenues : objections answered , viz. the plenty of money to be let on securities , stores of money in london , stocks in merchandize , the over-weightiness of our coin , &c. after what hath been said , it may seem little requisite to enquire whether mr. fortrey prophesied a-right , when he foretold the exhausting of our treasure . if the diffusive body of the people be much poorer than before , they have much less treasure than before ; for poverty is but the privation of treasure . now if the question be whether the nation be poorer , it must be undeniable from all those badges of poverty i have mentioned before , if any of those particular men who find themselves at ease , are yet unwilling to believe it , they may be further convinced from the universal cries of the people , ( at least from the land-holders , remaining manufacturers , and their dependants who make up the gross and stanch body of the nation ) they remember when it was otherwise , when there was a far greater plenty of money in all our inferiour cities , corporations , and villages ; when our farmers had their rents before hand , and had stocks for every farm ; when they and our manufacturers got estates , and when vast taxes could be readily raised ; and therefore are the most proper judges of the odds , who feel the present scarcity , and want of money ; they cannot conspire in a falsity of this nature , but in so general and near a concern , the voice of the people hath been taken to be like the speech of god. those that find their stocks wasted , or much contracted , their late revenues sunk , their home-commodities yield much less value , their labours in manufactures turn to less profit , or to none at all , the poor and their maintenances vastly increased , the nation involved in debts , money very hard to be gotten or raised in the way of home-trade , with other common hardships , cannot be argued out of their senses ; crede quod habes & habes , is no logick in matters of interest , but amongst fools and madmen ; or let men be never so good at perswading or believing , yet when their estates and stocks are thus sunk , they cannot answer the publick emergencies by payment of as great taxes as before . i should not say more to prove our national treasure is much diminished , ( taking it to be indisputable ; and being sensible , that the over-labouring a truth , may bring it in question ) but having something to offer , by which ( as it seems to me ) some nearer conjecture may be made of the quantity of money thus exhausted , i shall present it to the reader , desiring his excuse , if he think it unnecessary . so great was the quantity of our late harp and cross money , before the year ( ) that according to the best estimate i can make or meet with , it made about or per cent. of our common money in tale in the countrey , and more in london , which i do not take to be the meer effect of our extraordinary exports in trade , for the years then last preceding , but partly of the plate then lately coined , and our stocking ireland ; but more than either , from our far less yearly imports of all kinds several years before . i must refer it to the memory , or other information of the reader , whether he can comply with me in the aforesaid late quantity of our harp and cross money ; whatsoever it were , this money being taken in to be recoined in the year ( ) must , when recoined , produce the like quantity of his majestie 's coin ; besides which , according to the said accompt in november ( ) there had then been l. more coined since his majestie 's restoration , and since the said accompt , there hath been yet more coyned ; which supposing to be but l. had the money so recoyned , and since coyned with his now majestie 's impression , continued in the nation , and the new money under his majestie 's impression , must have been much above three millions , i conceive near four millions ; and then supposing we had twelve millions in the nation , it would have been above per cent. of our currant money in tale ; of more , were our whole treasure less than twelve millions . whereas we see at this day , that the new money of his now majestie 's impression , does not amount to above per cent. of the currant money in the countrey , taking one payment with another , ( especially in such counties as lye any thing remote from london ) i think not so much . 't is true , that in london , where the mint and merchants are , there is some greater quantity of new money , and perhaps somewhat more of late than usually ; because that by occasion of the late forreign wars , we have had somewhat a better vent for our english cloths , and a greater exportation of our annual produce of corn : but yet in london it does not make near per cent. taking one payment with another ; nor i conceive , more than equal the quantity of our late harp and cross money . now if the money in his now majesties impression , be less in quantity than the harp and cross money , it must follow , that notwithstanding all the money since coyned , we have less money in the nation than we had in ( ; ) if our present new coyn but equal the harp and cross money , it follows , that we have now no more money than in ( ) . and in either case , that as much of our new coyn as amounts to the said whole l. and all the other money coyned since november ( ) is also exported : for though we may still have some coyn of each of the succeeding years since ( ; ) yet if all of it put together amounts to no more than the quantity of the harp and cross money we had in ( , ) our stock of treasure cannot be more than it was in ( : ) if less , then our present stock is less . and if millions of our new money , coyned since ( ) be gone , as , i take it , 't is evident they are ; we may reasonably collect that as much or more of our old coyn , is also exported ( by the old coyn , i mean such as was coyned in the reigns of king james and king charles the first , and before ) of which we had lately a mighty store , almost all of it valuable and unclipped , especially the gold , whereof we had an abundance commonly passing in home-trade and payments , there is no reason why these coyns , being as valuable or more , should not be as good a commodity in trade as the new . and accordingly we may to our comforts observe , that this late mighty store of old gold , is in a manner totally vanished , those few pieces which remain , being almost taken as medals , never to be parted with . if it be said that part of our old gold is coyned into guinnies , this will not alter the case , since our whole new coyn is no more in proportion to the old , than before is noted . so of our old silver coyn , there is very little remaining , but what is much clipped , or worn ; and therefore not valuable for exportation . we have those yet alive who can remember what a flowing treasure we had in all parts of england , before we had any harp and cross money , and are now sensible of the general scarcity and want of it . this does let in a further presumption , that our new coyn is diminished to a much greater degree , than it appears to be : for , suppose we have now but a moiety of all the old coyn we had in the year ( ) , 't is plain , that a moiety of the harp and cross money ( had it remained ) would now hold the same proportion to the old , as the whole did in ( ) , and so will a moiety of our new coyned money ; and thus will it be in any lesser proportions . if the new coyn come to be less in proportion to the old , than it was before , it is an infallible evidence of the diminution of our treasure , because the old coyn could not increase ; but if the new coyn come to be more in proportion to the old coyn than before , this is no manner of demonstration of the increase of treasure , since the decrease of the old coyn may produce this odds. thus after the consumption of our old gold , we have more than twenty guinneys to one broad piece ; but i think no body will press it as an argument of more gold in the nation than we lately had ; so having lost so great a part of our valuable old silver coyn , 't is no wonder if our new silver coyn seems so much as it doth , especially about london ; perhaps it hath been a kind of providence that we have had so much clipt and worn money ; since otherwise we might have had as little old silver , as we have old gold ; and might have been reduced to our present store of new silver coyn , as we are to our guinneys , which might have afforded a weighty argument of the increase of our treasure . upon these grounds , and upon the common wants , necessities , and decays mentioned before , it may reasonably be concluded , that besides the loss of most of those millions coyned since his majestie 's restauration , we have lost many more millions of the old coyn in silver and gold ; i shall leave the quantity to be computed by the indifferent reader : those who set out the said accompt from the mint , taking notice of the great consumption of our treasure by reason of its being exported , did by the same paper , then estimate it to be reduced to about four or five millions , and by the nature of that accompt , they seem no unfit persons to make some competent judgment of this matter . whatsoever our coyned treasure was when this accompt was made , 't was plainly much less then , than it would have been , had none been exported ; and though it must be admitted , that our late exportation of our annual corn , and what other advantages we had during the late war , may have somewhat helped us , yet we have reason to think it farther diminished now , especially considering our losses at sea by the dutch , and others , before we dis-engaged from the late war , and since by the french and algiers pirates , and the mony lately and daily exported by papists departed hence ; to which may be added what we must now further export by the expiration of the irish acts , and the dear buying of these goods we imported from france , already added to the former overballance of our importations . then let the reader judg what we are to hope for in our private and publick revenues , i shall only endeavour to put him into a method of conjecturing , leaving the compute to his greater ingenuity and leisure . suppose we have now , , or millions of treasure in the nation ; let him consider how much of this must constantly lye in the hands of traders to attend the payment of customs , and the buying up of our vast importations ; how much always is , and must be actually collected in taxes , and either lies in the exchequer , or in the hands of officers ; and how much does , and always will lye dead in banks and other private hands ; and then , how much will at the same time ( i say at the same time ) be employed in the home-markets to buy of the annual produce of lands ; perhaps it will not be half of the whole : then recollecting that we have acres of land in england , what rent can they yield , one with the other . admitting this whole treasure at the same time stirring in the home-markets , our whole land-revenues could not be much ; all the help we have is , that we have many great wasts , which yielding little or nothing , a great quantity of this floating money is applicable to the rest ; and yet to our sorrow we have found that our rents are mightily sunk , which having not abated so much or speedily as was requisite , our yeomanry are generally impoverish't . then for our publick revenue , 't is as plain , it must be confined to the stock of treasure be it greater or less . we have many who seem to resent the narrowness of his majestie 's revenue and supplies , and are ready to expostulate why they should not be equal to the french king 's ; let them consider what may possibly be paid out of our land revenues thus contracted , and constantly charged with the maintenance of our numerous poor ; and besides , that the english having by the constitutions of the government an undoubted liberty and property , are accustomed to live well , and their representatives , being a part of themselves , in whose disposition it lies to give supplies or not , will have regard to their own and the peoples abilities : should they give extravagantly it would be like diego's will , and must induce many of those sad consequences mentioned before ; what then if we should be involved in any long foreign war , or obliged to any great extraordinary publick charge in time of peace , whilst we remain under a consumptive trade ? which i intimate once more to shew the necessity of improving our trade . i shall now answer some common objections . the most usual is , that there is now as much money to be let on good securities in england , as there are securities , or rather more ; from whence some infer that there is as much , or more money than ever in england . to this i answer , that on the contrary , it only proves the scarcity of securities , and therein the poverty of the nation ; for personal security for money being in a manner lost ; all the floating money to be let out at interest is thrust upon land-securities ; which ( were they all good ) would take off much less money than was let out at interest when both land and personal securities stood : but , as the national poverty hath subverted personal security , so hath it crept into the land ; for mens estates are already so entangled with debts , that there is not one land-security in twenty that is good , as dear experience hath now taught us , then , the securities being grown so scarce and narrow , 't is no wonder that there is now as much money to be let out as there are securities , and more . thus if a man had l. in the isle of shetland , he would there hardly find any security for it ; which at this rate of arguing would prove the isle of shetland richer than the isle of great britain . and upon this occasion i shall add , that there is no possible way for restoring the securities and credits of england , but by restoring its riches ; no register can do it , at least comparable to the other ; we may register our common poverty , but nothing will make an ill man value his credit , or able to satisfie for a cheat , but his own private wealth ; nothing can make a man who is honestly inclined to do a foul thing , but poverty and necessity . another objection , partly answered before , is , that there is still as much money in and about london , as ever ; from whence they would argue as much money in the nation as before . i cannot admit this fact ; if i did , the consequence is lame and frivolous ; however , because there hath been such a pother made about the money in london , i shall give some further account of it . i agree that there are considerable quantities of money always lodging in and about london , in some particular hands : but the reason is , because the king's revenue is paid in , and issued out , in and about london . there is also the mint , and there do our principal merchants live , who trade with so much exported money or bullion , and keep money dead for the customs . this is also the great port for forreign importations ; and the country retailers , who buy them there and vend them to the people , must send up their money to london : upon which and the like occasions , 't is thought near half the money in england is in london : the more is the pity ; it were much better for the nation that there were more home-manufacture , with forreign stores of re-exportable goods , and a less proportion of our money ; and the rather because it stagnates for a time in the hands of merchants , banquers , and scriveners ; and facilitates the culling , melting , and exportation . this being the great sluce of our treasure will necessarily draw it from all parts , as long as we have any in the nation . these stores of money in london must rather evidence the poverty of the people , who being over ballanced by the money drawn out for importations and taxes , and therefore incapable of answering those payments by bills or returns to london ; very much of our taxes have been sent up in carts and waggons , and our country retailers continually send up money in specie by the carriers ; which must drein away that which remains , in a little time : nor do those stores of money much spread , or benefit the general body of traders , even in london ; who were never so poor or broke so fast ( tho never so fine ) as now . it is impossible that the occasions , vanities , or the remaining stock of the kingdom can ever support such a prodigious increase of retailers and shop-keepers as are in and about london , being near in number , when in amsterdam there are not . nor is it to be objected , that i have not computed our present stores of merchandize or forreign effects as part of the national wealth . first , because the present question is about the actual fruit and produce of a national trade in new treasure ; and not about the quantity of our stores of merchandize or forreign effects . 't is true , that if a nation whose trade is truly regulated , hath a great store-house of forreign goods , as in holland , or great forreign effects , 't is very possible and likely that these may produce new treasure ; and if they do , then is the national gain in treasure to be computed , and not before . for on the other side 't is impossible ( even in a nation that hath a due ballance of trade ) that such stores and effects may produce no treasure ; for the forreign stores being re-exported may be lost by the perils of the sea , or seisures of princes or pirates : we may remember the late seisures of the english , by the french capers ; the like casualties do attend forreign effects , for which we may also remember when our effects were seized in spain . but secondly , supposing none of those casualties , yet ( as a national trade may be managed ) these stores and effects shall produce no new treasure to the nation ; as when these forreign goods and stores are , and must be spent at home ; and the forreign effects are continually by bills of exchange , applied to pay for those forreign goods ; so if the merchants are sometimes forced to import and coyn some forreign bullion yearly , but yet export it , or the like quantity of money or bullion , the nation gets nothing ; and if more treasure be exported than is yearly imported , the nation loses ; in which case the stock so imployed in trade doth prejudice the wealth of the nation ; since in the whole it makes up a monstrous engin for the bulgeing out of its treasure ; and that this hath been the case of our english trade , is plain enough . nor can the forreign stock in such a consumptive trade be of any great value , since as some effects are gotten by our merchants in one forreign countrey , so are debts contracted in another , as long as our merchants can have credit ; and then perhaps our forreign debts may be near the value of our forreign effects , and probably more ; or however , cannot be thought equal to our former stock in trade , when we were not over ballanced . there are yet other objectors , who admitting much of our treasure exported , will excuse our trade , and assign the cause of it in the over weightiness of our coyn , and the undervaluing it in our forreign bills of exchange , &c. these are old inconsiderate fancies , sufficiently refuted before , yet i should be more particular in it , had not mr. mun in his book of trade taken the pains to clear this and the like objections by evident reason and instances , in six several chapters , beginning at pa. . proving withal , that nothing but the overballance of trade can exhaust the national treasure ; to which therefore i refer the reader . sect . xiv . people and treasure the true pillars of the national strength : the odds in the different vse and imployment of people . the absoluteness of the french monarchy no cause of the present french grandure : the late application of the french councils to the increase of trade , people , and treasure ; and the occasion thereof . the greater excellency of the form of our english government . the farther necessity of improving our trade from the modern treasures and powers of the french ; of their naval force , the algiers pyracy ; how the french design to engross all maritime commerce ; our dangers from france ; of the present condition of the dutch : that our late prohibition of french goods will not disable that monarchy , nor better our trade ; meer prohibitions of no value : our great advantages in trade above france and holland : that a speedy regulation of our trade &c. would secure us against all forreign powers , and dangers at home : of excises , and other taxes . the certain increase of his majesties revenue ; hence , what occasion for a parliament , &c. from what hath been said , it is evident that national power is not chimerical , but is founded on people and treasures ; and that , according to the different condition of these its true pillars , it immediately grows more vigorous or languid : that sufficient stores of treasure cannot otherwise be gotten , than by the industry of the people ; and , that till they have it , they cannot pay . people are therefore in truth the chiefest , most fundamental , and pretious commodity , out of which may be derived all sorts of manufactures , navigation , riches , conquests , and solid dominion : this capital material , being of it self raw and indigested , is committed into the hands of the supreme authority ; in whose prudence and disposition it is , to improve , manage , and fashion it to more or less advantage ; if any individual manufacturer should permit his raw materials to be exported into forreign countreys , or should himself make great store of knots of felters in his yarn , he would soon have a very slender , or difficult business of it : so great an odds there is in the different disposition of the ordinary industry of the people , that on the one hand , they may be thrust on in the pursuit of private interest , destructive to the publick , and be obliged like cannibals to live by devouring one another , ( by which they must continually and inevitably wound and weaken the publick : ) when on the other , their ordinary labours , more aptly and industriously methodized , shall as unavoidably aggrandize that government which protects them ; and this without the midwifery of those arts , shifts , and projections , which otherwise may be found necessary for its more present support . more particularly it appears , that the present french power , which is now the admiration and terror of the world , hath no other foundation ; and therefore is not derived from the meer despotick form of that government , as some would insinuate , but from a prudent relaxation of the rigor of it towards the persons and stocks of the trading part of that people ; this form of government being in its nature the most incompatible with trade , of all others ; nor probably had trade ever received any encouragement in france , but upon a necessity ; this monarchy being become absolute , was yet low , poor , and despicable ; beset round about with spanish forces , territories , and allies , and poisoned with spanish pensions within , and therefore ready to become a spanish province : it was then that this monarchy found absoluteness without sufficient treasure was but a trifle : that arbitrary power might force store of blood and tears from the people , but not of money , unless they had it : it was then that the opening and growth of the dutch trade presented an expedient of drawing in greater quantities of the diffused treasures of the world into france by a machine of home-manufactures , than the spaniards could directly from their mines ; which therefore was embraced by the dying hands of this monarchy , and supported and improved ever since by a succession of understanding men : which apparently was not done by any peculiar virtue in this form of government , but by a necessary abating of its inherent rapaciousness , which otherwise would have swallowed up every sols of the stocks imployed in manufactures and other trade , and thereby would have driven away the people ; as may be seen in the strong governments of turkey , muscovy , spain , and others . the french councils discerning where the true strength of empire lay , were not so bewitch't with the lusciousness of their arbitrary power as to seek any such extreme execution of it ; their policies have long gone another way , as may be infallibly collected from the effects , and by other lights : so long ago as henry the third's time of france , bernard de gerrard lord of haillan , a great politician in his time , presented an excellent piece to that king , intituled , the estate and success of the affairs of france , thereby representing by what courses that kingdom had been , or might be aggrandized or weakened ; amongst others , he highly recommends the support of the populacy , beginning thus the people are by justice to be preserved in liberty , as will to trade as to labour , and to do every thing belonging to their degree ; by these the kingdom are maintained , and enriched in general , and particular ; if they bear the charge of tailles , so are they to be cherished , defended , and sustained by the nobles , as formerly they were , and now ought to be , from the violences and oppressions of their neighbours , and by the king and justice from the insolence of the nobles . for so it was , that the nobles or gentry , being discharged of the tailles , had given up the constitution of estates ; for which , they had been indulged with a kind of despotick power , within their own particular fiefs ; from whose barbarities proceeded the greatest sufferings of the people ; whereof this author is not nice or sparing to give several instances too long to recite . i have troubled you with this citation , because this piece was by the author re-dedicated to henry the fourth , whom the author tells in his epistle , that his predecessor henry the d. used to read it with an appetite , and yet the author goes so far as to applaud the antient constitution of the estates or parliaments in france , affirming them to have been the mutual succour , medicine , and remedy both of the king and people in all their calamities . if we come to the reign of lewis the th . under the administration of cardinal richelieus , we may judg how vigilant the french councils were in his time , for the increase of people and trade , by two great instances mentioned before : first in the toleration of protestants , after a victorious reduction of all their strengths by force of arms : this mighty prince and his wise ministers overcame all resentments to advance and cement the glory of his empire ; so that 't is observed by dr. heylin , that the protestants never had the exercise of their religion with so much freedom as they had , after their reducing of their forts and garrisons to this king's obedience . secondly , by moderating of customs and port-duties on merchandizes , which in the reigns of his predecessors been raised and accumulated by about twenty several edicts ; but in his time were in a manner taken off , as appears by what sir walter raleigh represented to king james about sixty years since , cited before ; but if we would at once discover how far the french politicks have inclined this way , we may observe them as they are digested and refined in the prodigious book , so entituled , written , as appears , several years since , ( the authority of which piece , though already famous , i shall give a farther account of ) where in the chapter of finances , it being first observed , that a state is no further powerful than proportionably to the richness of its publick treasury , and the greatness of the yearly income that maintains it : it is laid as a farther unalterable maxime , that the fundamental wealth of a state consists in the multitude of subjects ; for its men that till the ground , produce manufactures , that manage trade , that go to war , that people colonies , and in a word , that bring in money . to make way in france for the multiplying of men , divers courses are there dictated to oblige both men and women to marry , viz. by freedoms and exemptions in case they do , and have many children , ( now established by an edict ) and by penalties in case they do not ; whence it may be observed , what estimate the french politicks put upon marriage . in the chapter of the d estate thus , there cannot be too great a number of husbandmen in france , by reason of the fertility of the countrey ; and our corn being transported into forreign countries , we ought to make great stores of it , and have as much as may be in a readiness , ( which i am told is also so ordered by an edict . ) handicrafts-men and artificers are no less useful ; for besides , that manufactures do keep men at work , and engage them , they are the cause that the silk , the wool , the skins , the flax , the timber , and the other commodities that grow in france are made use of , and that countrey people have the means to barter these things , and put them off ; especially being wrought into wares , not made in forreign parts , we shall grow further principal manufacturers , as we already are of hats for spain , and stuffs for all europe ; a matter of exceeding great consequence . all this quickens trade , and makes money pass to and fro , which promoteth the publick , and therewith at once every one's private advantage : there must be merchants also , for without their industry , the artificers shops would be stores never emptied , the granaries would remain full of corn , and the cellars of wines , &c. in the chapter of general orders , usury is thought fit to be prohibited ( which is accordingly suppressed by an edict : ) i shall leave it to enquiry , whether most of the rest of these politicks relating to matters at home , are not established by other edicts ; if the reader would further observe , how curious the french politicks are to provide for the increase and true use of populacy , i shall refer him to the thirteenth chapter of this admirable tract , directing the education of children , and when 't is fit to marry them ; and to the chapter of commerce , or rather to the whole piece . by all i have said , it appears , that although the french kings have assumed an arbitrary power , the french politicks have not rested upon this as a security , but for the aggrandizing of that monarchy , have found it necessary to relax and retire from the severity of this power , and to resort to popular principles : a matter , which may deserve the consideration of our new polititians the hobbists , who place all the virtue of the french governvernment in its absoluteness : in the mean time i shall add , that notwithstanding what i have said , i do not pretend that the condition of the french people , though made tolerable to the french , is comparable to the happiness of those whose greater freedoms and enjoyments are secured by fundamental laws and constitutions : but this i shall observe , that whereas formerly , when this people were wretchedly poor , almost every small new imposition begot an insurrection in france , as the said de gerrard takes notice , the french now pay twenty times greater taxes , with much more satisfaction , because they are enabled so to do ; and besides can live far more plentifully than before , many of the traders splendidly , and gain considerable estates : to all which may be added another particular , in which the late french politicks deviate from the usual jealous maxims of arbitrary government ; which is a general care to instruct the plebeians of all sorts ▪ in the discipline of arms. the late swelling power of spain after the suppression of the spanish cortes , or estates , derived from the accidental discovery of the indian mines , and the present power of france after the suppression of the french estates , from as accidental an improvement of their trade , have been the occasion that some out of mistake , or design , have much applauded that form of government , when it must be confessed that the same indian treasure and trade , would have rendred the same nations , under the continuance of the estates , or england under its present government much stronger , and more secure , and this , by the advantages in this form of government . despotick , or arbitrary monarchy , was for many ages as great a stranger in this part of the world , as republican government ; as the european nations by degrees cast off the roman yoke , they had before their eyes the example of their former mistress , the common-wealth of rome , which became vassalized to her own servants , by the unlimitted power committed to dictators and generals ; these assuming the empire by force , and without title , were uncontrollable by law , and therefore did not only gratifie their own lusts , and just fears of being supplanted by all manner of cruelties , but their masters the soldiers also , by the spoils of the provinces ; nay , and of italy , and rome it self ; and yet were they very frequently killed , deposed , and changed by the same force which set them up : to avoid the mischiefs on each side , as the members of this empire resumed their national rights , they universally cemented into a third form of government , much the same with ours : which , if we truly consider it , appears purposely , and wisely calculated to prevent the inconveniencies of the other two , and yet to take in all that is excellent in either ; for first , we have a fixt royal legal sovereignty , which filling the seat of majesty , frustrates the ambitious hopes of others from stepping into it ; then we have the constitution of parliaments , by whose intervention , liberty and property are preserved : thus revolutions and oppressions at home are prevented . then for the strength of this government outwards upon forreign nations , it must in the nature of it , equal , if not exceed any other , especially absolute monarchy ; not only because its greater freedoms capacitate the people to trade with more advantage , as i shall yet more particularly shew , but because the same freedoms beget a kind of generosity and bravery even in the common sort , when absoluteness of government debases their spirits , and reconciles them to the ignominy of being beaten , at least till they acquire a kind of insolence by long service in war , which can hardly be called courage . all experience hath warranted this odds between freemen and slaves ; but there is yet a farther odds , when the quarrel is national , especially if espoused both by the king and parliament ; for then the individual animosities of the whole being engaged , the people do not meerly fight for pay , but out of principle , and in defence of those greater enjoyments they have at home , when the vassals of absolute monarchy are driven on by the fear of their despotical power , which they would be glad to see subverted , and themselves delivered . in an absolute monarchy , the fate of the whole depends upon the prudence of the monarch ; be his empire never so flourishing , he may by one temerarious edict , or other act , bring all into confusion : how great must the danger then be , when the wisest of mortal men are often transported by passions , and otherwise liable to mistakes ? the voluntary councils of such a monarch must gratifie his power by applauding or complying with his resolutions and sentiments : but what if there come a weak prince ? against which there is no security ? or suppose the king be left an infant ? then all goes to wrack : those armies which were the support of the last predecessor , wanting business and conduct , fall into mutinies ; all are working their ambitious ends , many contending for the tuition and publick administration ; those that have it not , supplanting those that have , whereby the government is endangered : all which was visible during the whole infancy of the present french king , though he had a mother , and so faithful and wise a minister as mazarine : the high animosities of the french princes and nobles , carried them into continual distractions and civil wars ; so that had the english , or any other neighbour nation , then been in a condition to have supported the male-contents , they might have subverted the french empire : which mischiefs are totally , or in a high measure avoided by the constitution of parliaments ; without whose consent , laws cannot be altered , or publick innovations made ; and who by their course of impeachments are a continual check and awe upon men of indirect and ambitious designs : so that ( according to the excellent motto of our own sacred prince ) it may be truly said of such a monarchy , and its parliaments , that they are to each other decus & tutamen : what would have become of the french monarchy when their king john was prisoner in england , had it not been for their estates , or parliaments ? we have reason to believe , that were that crown and nation brought into great exigencies and distresses by any forreign power , they would be convened again , the constitution being not there absolutely dissolved , as the said de gerrard observes ; nothing can be fatal to such a government , but a disunion between the prince and parliament , and therefore a great part of the transcendent policy of this our form of government consists in the high obligations and means of a vnion : the prince being invested with the mighty prerogatives of making war and peace , calling , prorogueing , and dissolving parliaments , and as many others as fill volumes , hath such a controll on the parliament , that it is generally to be presumed , they will ever gratifie him in whatsoever is any way consistent with that trust they are under ; on the other side , the parliament , being the great and high council , and their consent requesite to all new taxes , whensoever the prince on any emergency desires their advice , or a supply of money , the people must necessarily have time to represent their true grievances to him , whose princely favour and occasions , will then equally call upon him to redress what is really amiss ; in which commutation he must have a far greater advantage than any bare tax he receives ; since as it appears , the true strength of all monarchies and governments depend upon well-being abilities , and increase of the populacy ; which no other prince hath comparably so certain a means to understand and improve , as he that hath a parliament : to all which may be added , that mutual affection which must naturally follow these endearments , and which must render the prince and nation much the stronger , never to be hoped for in any other kind of monarchy : there are yet farther obligations to this vnion between the prince and people from a just sense of those fatalities which must follow a disunion ; we need not resort farther than to the fable where we have an accompt of a quarrel between the several limbs of the body natural , whereof the consequence was , that every part grew presently languid and impotent , and ready to yield it self a feast to the ravens . if then there be the utmost advantages on the one side , and mischiefs on the other , this is all humane prudence can provide ; god himself hath done no more in those divine institutions which he hath projected for the support , felicity , and security of mankind : against which , it hath never yet been accounted any objection that they have been violated ; nor is it any against the form of our government , that it hath fallen into some convulsions ; as long as men are men , there will be pravity and irregular appetites amongst them , which in some ages and circumstances may be able to give greater disturbances than in others ; if in any society of men , unreasonable and destructive propositions are insisted upon , or reasonable and necessary ones refused , disunions are inevitable : this i say in general , 't is no part of my design to rub up old sores , nor will it , i presume , be expected i should embroil the present subject by vindicating sides or parties ; let the consequences of former disunions be remembred . but why should i dwell longer upon arguments to evince the admirable frame of our government , when it is so unanswerably demonstrated by its former splendid continuance for near years ? by the glory of our princes , who , in conjunction with their parliaments , ever were , and thought themselves the greatest and happiest in europe : by their stupendious atchievements in war , and by the former ready adherence , and large contributions of our parliaments , in what tended to the advantage or honour of england ; we had no other form of government in our edward the third , or henry the fifth's time , who successively found supplies of english treasure and courage enough to conquer france ; our queen elizabeth since , baffled the despotick , and then tremendous monarchy of spain , which continuing absolute , is ( notwithstanding its vast extent of territory ) one of the weakest in europe : had our henry the seventh entertained the overtures of columbus . or our councils in the reign of king james , or since the wise observations of sir walter raleigh , or followed the example of france , and other neighbouring nations , in easing and improving our trade , there is no doubt but the english treasures and power had far surmounted both the spanish and french at this day : it is notorious that the subjects of the late dukes of burgundy , under the constitutions of estates , or parliaments , for many succeeding ages , drove a mighty trade , which gave those dukes a long superiority over the absolute french king , till the dukedom became annexed to spain , and the spaniards by their persecution for conscience , and tyrannous attempts after arbitrary government lost both the trade and traders , and seven of the provinces , whom they forced into a republick . treasures are those vehicles which carry out men of daring spirits , mighty thoughts and abilities into the conquest of forreign countries , there is no nation but hath a breed of people naturally more fit for these great performances than any other , who growing generals or other commanders at land or sea ; or intendants in the greatest negotiations , might , this way , prove highly serviceable to the publick , and find business for pen-men to write their memoirs , as in france they do : whereas , by the want of a sufficient home-treasure , the more couragious sort , must either be hackneys to forreigners , or degenerate into hectors or thieves at home , and are killed in brawles , or are hanged for murthers or robberies . the more deliberative generously regarding the common exigencies , more than their own , may lie under the frowns of fortune , and great men , and be thought burthensom and dangerous : there are many other disadvantages which follow a national poverty , as hath been noted before , which ought not to be ascribed to this or that mere form of government , or temper of the people . that a speedy and compleat regulation of our english trade may yet further appear highly necessary , i shall briefly observe what have been the more modern effects of this mighty trade in france . this may too plainly be seen by the great performances of the french in these last wars , in which , the french king hath been able to maintain above men in arms , whom he hath duly paid ; and yet such have been his treasures , that he hath not been obliged to put the event of the war to the push of a battel ; but wearies out his enemies with expence from year to year , and being able to lay up mighty stores , can keep the fields in the winter , when his adversaries , though as valiant people as any on the earth , are fain to lye at home : thus watching his advantages , he hath taken and burnt many strong towns , laid many provinces wast , breathing out death and devastations as he goes . this he hath done in the face of the world , in a war with near princes and states , whose lamentable sufferings , with the cries of their people , have long pierced our ears ; whilst the french king grows more vigorous and powerful , and his armies grow better disciplined continually , and hath at last reduced the dutch and spaniards to the terms of a dishonourable peace , by exposing their allies to the french power ; which hath obliged the rest to a complyance on his own terms ; and now he gives the law to them all , keeping mighty armies on foot to invade whom he pleases : but that which is yet more prodigious is , that even during this war , he hath been able to carry on the building of his present great fleet , consisting of about ships of war , plentifully armed with brass guns , and accurately built for service ; he hath also furnished himself with abundant of naval provisions of all sorts , at an immense charge , every ship having its distinct stores and storehouse , and therefore may be made ready on a suddain : at the same time , he hath imployed multitudes of men in cutting of canals through rocks and mountains , in making , cleansing , and securing havens upon the coasts opposite , or near to england ( whither by degrees , in these two or three years past , he hath drawn down the greatest part of his navy ) and at the same time hath answered mighty annual pensions to the swedes , and swisses , ( whose lives he buys with his money : ) besides all the other vast private pensions , gratuities and aids he bestows in the courts and countreys of other princes , ( by which , perhaps he hath made as great advantages as by his arms : ) and yet 't is probable , that in all this he hath not exceeded the bounds of his ordinary revenue . that which most threatens the trade of england , is his naval force , which none of his predecessors ever had , and were checked if they pretended to it ; queen elizabeth forbad henry the th . of france ( on a suddain called the great ) building great ships , else she would fire them in his harbours : since which the french have desisted , till about the year . as may appear by that excellent treatise , intituled , a free conference , printed in . by the special appointment of the truly honourable the lord arlington , where pag. . we find these words , not above three years ago , france was hardly able to set out ships ; ( that is to say , men of war ) now they have large vessels ready furnished , and well armed , and do apply their industry in every part to augment the number , &c. i shall forbear repeating some sharp reflections which next follow . and that the french king might want no seamen of his own , and might at least share in the gain of navigation , he hath for several years past endeavoured by all imaginable encouragements to establish a mighty navigation in france ; so that for one trading french ship there was or years since , there are now ▪ . for this purpose he hath propagated a sea-fishery , to a very great degree , which improves daily to the prejudice of our remaining english fishery ; and besides , hath yearly educated supernumerary seamen on board the french trading ships , at his own charge ; so that 't is to be feared he will stand in little need of forreign seamen for his ships of war ; or if he do , the dutch have store , which perhaps he may have for his money , as 't is probable he may the fleets of swedeland , portugal , and algiers ; these his allies of algiers , ( as 't is said , by the assistance of his money upon a a general redemption of french slaves ) are on a sudden gotten from to above men of war ; and as soon as our applications in france had prevailed with the french to desist from taking our ships , these algiers pyrats fell upon us , and have continually pick't up our merchantmen , and vassalized our seamen and other people ever since ; they now do it before our faces , in our channel , finding harbour in the french opposite parts , which makes a great addition to our late losses ; and , which is yet worse , hath so terrified our seamen and merchants , that many already think it necessary to trade in dutch and french bottoms , a consequence which 't is probable might be foreseen by some of our neighbors , who wish we had neither ships nor seamen . at the same time our gazetts weekly tell us of great squadrons of french men of war , proudly ranging in all quarters of the world , in the mediterranean , in the east and west indies , and in our own seas , viewing the strengths and weaknesses , and sounding and commanding the harbours of other nations . we find it said in the free conference , that france is our hereditary enemy , and hath so often tryed what we are able to do against the enlarging of their empire , who have graven it deep on their hearts , the injury of the title , which to their shame england bears in all publick treaties , and her trophies in reference to that crown ; this very france hath no greater desire than to take the dominion of the sea from us , &c. if we look into the before-mentioned french politicks , they assure us of the same ; of which piece , because i so often cite it ; i shall first give the reader some present accompt ; and farther , when i have done with it : the english preface tells us , the author was a person bred up under monsieur colebert , and to shew his abilities , writ this treatise , and in manuscript presented it to the french king , which was favourably received ; but afterwards vanity prompting him to publish it in print , the king look't upon him as one that had discovered his secrets , and turning his favour into frowns , caused him to be imprisoned in the bastile , where he continued a long time , and afterwards was banished , &c. 't is like to some place where he should not be able to aver the same , or disclose more secrets ; what opportunities he might have of learning secrets by his attendance on monsieur colebert , whether he might over-hear the debates and results of the french councils , or whether casually , or by order he had a view of the papers , and was but the servile compiler , or bare porter of this scheme or manual of policies , i leave to be examined ; a stupendious piece it is , which being written seven or eight years since , and presaging so great a part of what hath followed , gives so considerable an authority to it self , that its credit need not depend upon that of the author of the growth of popery ; who , as 't is hinted in the english preface , calls it the measures of the french king's designs . these politicks having first delineated the comprehensive and steddy foundations of the french monarchy , as built upon trade , treasure , and populacy at home , they then proceed to look abroad , and first they project the ingrossing of all commerce at sea , and this at a lump , by imploying part of this treasure in building a fleet of men of war able to command it , in which they say , all things conspire to give the french hopes of success ; the work however is such as must be leisurely carried on , and perfected by little and little , so great a design continually alarming europe , asia , africa , and america , friends and foes ; a precipitation of it would be its ruine , six or ten years time might be allotted for it : the king may keep gallies , and ships in the mediterranean , and sail upon the ocean , the more vessels he shall have , the more enabled he will be to recover the expence made about them : the sea will yield maintenance for the sea , either by commerce or war ; there is timber in france , there is cordage , there are sails , there is iron and brass , &c. when things have taken their course , seamen will be had in time , and the profit that will accrew will afford store , and bring them in from all parts of the world. the fleets with the king might keep upon the ocean , would make him master of all the powers and trade of the north ; yea , though the hollander and english should vnite against france , they could not avoid their ruine in the end ; for how could the one or the other make good their commerce ( which is all they have to trust to ) if they were forced to keep great armadoes to continue it ? the point of britain is the gate to enter into , and go out of the channel : fifty ships of war at brest , would keep this gate fast shut , and they would not open it but by the kings command . — thus there would need no war almost to be made for all these things , nor his majestie 's forces hazarded : it will be sufficient to give his orders to forreigners ; nor will it be difficult to cut them out work in their own countries , and by this means stay their arms at home , and make them spend their strengths there ; something of this in its place hereafter . his majestie 's power being thus strongly setled in each sea , it will be easie to secure commerce in france , and even draw the merchants thither from all parts ; i say secure commerce ; for till this be done , it will ever be incertain and dangerous . it may not be improper to observe , with some reference to what hath been debated in the preceding sections , what further expedients the french politicks dictate in this chapter , for the securing of commerce : amongst others we there find this caution ; it must be studiously prevented that commerce introduce not into a state-superfluity , excess , and luxury , which are often followed with ambition , avarice , and a dangerous corruption of manners : it is added , that it hath been a question offered to debate , whether traffick in france should be managed by subjects or forreigners , to make a short decision ; 't is evident that forreigners must be allowed to gain our merchandizes , if we would have them take them off , if we carry them into their ports , we shall make less sales ; yet , that our merchants may share in the profit , they may enter into partnership with them , or be their commissioners here , or freight them themselves , provided they sell at somewhat cheaper rates , and so be content with moderate gain . which passages i have cited to shew , that 't is no part of their politicks to increase luxuries or excess ; nor to inclose their home and forreign market to their own navigation or merchants . i have been thus long tracing the french politicks , and our own unfortunate methods in the matter of trade , and this out of a hope to occasion the restitution and increase of ours ; but have gone so far in the pursuit , that on a sudden i have step't into a scene of horrors , by a necessary and inevitable apprehension of the dangers we are in , from the present french powers ; it is impossible for any man to close up the eye of his reason , when he sees a ghastly troop of ruins making their regular approaches against his prince and his countrey , and therein threatning many millions of poor innocents , and of these some millions , who hardly know their right hands from their left , with butcheries and violations of all kinds ; in such a case , silence would be the greatest and foulest of barbarities , and no better than an apostacy from the sacred duties of allegiance and self-preservation . shall we flatter our selves with an opinion that the french have no inclination to turn their mighty treasures , land and sea-forces upon us ? how poor , weak , incertain and dishonourable is such a security ? are we so tenacious of every little pretence of right at home , and so busie to get a penny , and yet shall be content to enjoy our lives and estates by no better a tenure than the discretion of the french ? whose councils are dark and inscrutable , and who by their late invasion of flanders , contrary to former leagues and sanctions , and the then assurances of the french ministers , have at least demonstrated , that they most intend what they least profess ; is england become so despicable a spot , as not to be worth the acquest ? is it not equal to flanders , or the island of sicily ? is it not evident that the present french king aims at the trade of the world , and particularly of the north ? doth he not want ports ? will it not be more grateful to him to engross the woollen manufacture by securing the english wooll , than to stand to our courtesie ? hath not england most other valuable materials , by which he might yet mightily enlarge the trade of france ? can he hope to proceed in his conquests on the continent , whilest he leaves so dangerous an enemy at his rere ? doth he not know the spirit of our people ? are our talbots , and bedfords forgotten ? did he not see us raise a considerable army the other day to check his progress ? is he not exasperated by our late prohibition of french goods , which touches him in the most tender concern of his trade ? doth he not think himself affronted in the face of the world ? what can be so grateful to a prince ambitious of glory , and to the french nation in general , as to render those english , their hewers of wood , and drawers of water , who have so often triumphed in france ? will they not endeavour to obliterate that title england bears in her publick treaties ? will not such an acquist ennoble the name of the present french king , above all those of his ancestors ? what a mighty and useful purchase will he have in a seminary of able men and horses , whose value he hath reason to understand , and which he may then draw out into his wars at his pleasure , what spacious possessions and commanderies would england and its dominions afford to his french officers , to whom it may be no little temptation to have the deflowring and violating of our most beautiful women , being such as the whole earth cannot parallel : a thousand other particulars might be accumulated , of which it is not the least that here would be a vast accession of preferments for the numerous french popish clergy , and then what would become of ours ? and shall we think the french councils are insensible of these advantages ? have they who have been nicely winnowing all the rest of their neighbouring countreys , forgotten ours ? if we resort again to the french politicks , we shall have no reason to think so ; we see before what they design upon our commerce , from thence they proceed to project conquests at land ; the french romances spake us nothing but love and honour , and in truth make a very pleasing divertisement ; but their politicks denounce subjugation and vassallage : if we follow them from countrey to countrey , what they say of ours will appear more considerable ; thus they begin : it were to be wisht that the king did add to his kingdom all the low countries to the rhine , — it would make him master of the northern seas , &c. ( what progress the french king hath made towards this conquest , and why he found himself obliged to desist for the present , need not be repealed , no doubt but the french bear it in memory ) secondly , it were convenient the king had strasburgh to keep all germany in quiet , &c. ( our gazetts may inform us what advances he hath made towards the reducing of this great strength , and he is now storing all his adjacent magazines ) . " in the third place he had need to have the french comte to lay a restraint upon the swisses , &c. ( this he hath since gotten ) . in the fourth place , millan is necessary in respect of italy , &c. ( of this we have yet heard no more than that he hath been bargaining for a passage by casall ) . in the fifth place , genoa ; — genoa would make the king master of the mediterranean sea , &c. ( this he hath so far proceeded in , that he hath obliged the genoeses to harbour his ships , and to almost what other conditions he pleases . in the fifth chapter , dictating how france should act with forreign princes after a most exquisite scrutiny into the ill adjusted councils , and luxuries of the spanish grandees , 't is said , their forces are not to be feared , scicily might easily make an insurrection , &c. ( we have seen what followed ) . portugal is a perpetual instrument for the weakening spain , &c. ( so it hath remained ) the venetians and people of italy are wise ; to reduce them to our intentions , we must work by down-right force , &c. the pope will ever consider france , because of the county of avignon : the hollanders will keep themselves to our alliance as much as possibly they may , — they are rich . it were expedient the king did interpose in their affairs , and that some divisions be sown amongst them : ( we see what hath ensued : ) the swisses are mercenaries , who will always serve the king for his money : ( so they have done ever since ) the king of denmark is a prince whose state is but small , &c. sweden will never break off from the interests of france , we ought to consider them as instruments which for our money we may make use of to divert the english or holland forces , when his majesty makes any enterprize which pleaseth them not , &c. ( success hath verified this , and may further : ) the friendship of the turk is good for france , to be made use of on occasion against the emperor : ( our gazetts have informed us what essays there have been ; and at last the turk was brought upon muscovy , whereby the swedish army in livonia was let loose upon the confederates . of all others , these politicks speak most confidently of the conquest of the english ; they observe , that we have no friends , — and are positive , that a war of france for three or four years , would ruine us : ( which 't is evident must be said out of a sense they have of their odds in national treasure ; for by the import of the words and context , they cannot be spoken on supposition the french should attacque us unawares , ( which god prevent : ) hereupon it follows so it seems reasonable that we should make no peace with them , viz. the english ; but on conditions of the greatest advantage to us , unless the king think fit to defer the execution of this project for another time : to make sure and quick work , 't is farther thought fit that ways should be found to disable our government by great expences , and by disunions and convulsions ; from which 't is manifest , the french are well aware in what the virtue of our government consists , and therefore know how to strike at the root : there are divers indirect expedients proposed , which i shall forbear , being somewhat prolix , and mixt with contemptuous and reflective expressions : it is enough to observe here from whence these french politicks hope for our english harvest , and that this is the work at home before intended to be cut out for us . this great prince hath thought fit hitherto to defer a formal war upon us , at least , under that denomination ; but whether he hath deferred the project as these politicks call it , may depend upon a consideration of what he hath been visibly doing ever since ; he hath been since building his fleet , amassing his naval stores , educating and providing seamen and harbours , wasting and disabling those neighbouring empires and states , who being jealous of his power , might otherwise have interposed in his carriere , getting those great passes and strengths into his hands , by which they might have entred his countrey , he hath been disciplining a victorious and mighty army , and exhausting us by his trade , with a great addition of loss by his capers ; ( the french are very curious at cooking their morsels before they eat them ) and at last hath , as it were , forced a general peace , even whilst he was victorious , by which he is left at entire liberty : of which peace , whilst it was under negotiation , and drawing to a conclusion , a wise and noble lord of our time , gave this his sence to both our houses of parliament : the influence such a peace may have upon our affairs , is fitter for meditation than discourse , only this is evident , that by the preparations we have made for war , ( viz. in the raising of our late army , &c. ) and by the prohibition we have made of trade , we have given no small provocations to so mighty a king , who may be at leisure enough to resent them if he please ; and therefore it will import us so to strengthen our selves both at home and abroad , that it may not be found a cheap and easie thing to put an affront upon us . i need not inform any english reader , what fatal apprehensions the same parliament had of the consequences of such a peace ; they are in ordinary memory ; can we think this fleet of men of war is built to be employed in the fishery , or to lye and rot in their harbours ? can this army profitably , or safely be supported idle ? will he suffer them to be tainted with luxury ? will he hazard animosities or factions amongst the numerous french nobles ( by whom this army is officer'd ) the mutinies of the soldiers , or insurrections of his own people ? will he not rather send these armed heards to graze in our sweet meadows , and to gather him fresh laurels out of our english gardens ? it may reasonably add to our fear , that we see the french king hath lately made so strict alliances with spain , and with bavaria , by which he is farther secured from any inroads from those parts ; and that we also find him so vigilant to prevent our leaguing with the dutch , and to come to some closer conjunction with them himself ; in which his ministers use the utmost arts , mixt with a sort of menaces ; i cannot but resort again to the french politicks , where in the close of those methods by which the french king may obtain an easie and intire conquest of england , we find it farther dictated thus , on the other hand , our league with the hollanders should be renewed , and they put into a belief , that we should give them all the trade still , because they have the knowledge of it , and are proper for it ; whereas ( as 't is to be suggested ) the french have no inclination that way , and nature cannot be forced ; they must be told that now they are come to the happy time for advancing their affairs , and ruining their competitors in the sovereignty of the northern seas : we see these politicks go through stitch in the business . and that upon the whole they were very unfit to be printed ; no man who had so much wit as to be the real author , could have so little as to publish them ; and the rather , because of another secret amongst the rest very improper to be divulged as for the proofs against this prisoner , they were as home and positive as against the rest . . dr. oates declares how he came acquainted with him , by bringing him letters from his sons from a seminanary in spain ; and then swears , that langhorn did hold correspondence with le chese and others , and that the witness carried several letters to persons beyond the seas ; in one of which he saw under his own hand , words to this purpose , that now they had a fair opportunity to begin , or give the blow ; with other expressions plain enough concerning the plot : and these he saw signed richard langhorn , and that the prisoner himself delivered them to him . . that he had order from the provincial to give mr. langhorn an account of the resolve of the jesuits consult for killing the king , and that he did acquaint him therewith ; and that the said langhorn thereupon lift up his hands and eyes , and prayed to god to give it a good success . . that he saw at his chamber certain commissions , which they call patents ; and that on his desire he permitted the witness to peruse several of them ; and that there was one commission to the lord arundel of wardour , and another to the lord powis , for the one to be lord chancellour , and the other lord treasurer of england ; and one to mr. langhorn himself , to be advocate of the army ; and that they were signed johannes paulus d'oliva , by vertue of a brief from the pope : and mr. langhorn also told him , that he had sent one of these commissions by his son , to be delivered to the lord arundel of wardours son. . that mr. langhorn , being employed as sollicitor for several of the fathers of the society , did prevail with the benedictine monks to raise six thousand pounds for carrying on the cause ; and did say in the hearing of the witness , that he would do his utmost for procuring the said money . . that mr. langhorn was disgusted that sir g. wakeman was not content with ten thousand pound to poison the king , and call'd him narrow-spirited , narrow-soul'd physician : for being a publick concern , and to carry on the cause , it was no matter if he did it for nothing . . an instrument was produced in court , signed by paulus d'oliva , found in mr. langhorns chamber , long after mr. oates had given in his testimony . now mr. oates swore , that the before-mentioned commissions were signed by the same hand , and had the same mark ; but they were all conveyed away , and this being onely concerning an ecclesiastick business , wherein they thought there was no danger , was left . however , this much confirmed mr. oates's evidence , by shewing that mr. langhorn did use to receive patents from , and had commerce with the superiour of the jesuits at rome . in the next place comes mr. bedloe , and he swears that he went with mr. coleman to mr. langhorns chamber , and there mr. coleman gave him his letters to le chese , and the popes nuncio , and others , open , to read and register in a book by him kept for that purpose , and that he saw him read these letters , which were concerning these designs in hand ; and that he registred them in a book in his closet , whilst he and mr. coleman walkt in the outer room ; and that afterwards coleman sealed up these letters , and delivered them to the witness , who carried them to le chese ; and that some of the expressions in those letters were , that all things were now in readiness , and they onely wanted money : that the catholicks were now in safety ; that places and offices had been disposed to them , and that all the garrisons either were , or suddenly would be in their hands ; and that now they had a fair opportunity , having a king so easie to believe what was dictated to him by their party , and that if they missed this advantage , they might despair of ever introducing popery into england . these were the very expressions of some of them . . that he brought other letters from harcourt to langhorn to be registred , and langhorn writ back , that he had received and would register them ; of which letters one was from the rector of the irish colledge at salamanca , which specified , that the lord bellasis and the rest concerned , should be in readiness , for that they had sent some irish cashier'd souldiers , with many other lay-brothers , under the notion of pilgrims for st. jago , who were to take shipping at the groin , and to land at milford-haven in wales , and there to meet and join with the lord powis . the onely defence mr. langhorn could make , was like that of the rest of his party , by stout denyals , and endeavouring to invalidate the credit of the witnesses , by intrapping or confronting them in point of time or place . . he would make doctor oates an approver , as having been pardoned for the same crime ; and alleadged , that the witnesses had received rewards and gratifications for swearing against them . but to this the court answered , that it could not be supposed the king would bribe his witnesses ; and unless he could prove any reward to be given by contract , or subornation , it was no objection , for that allowance of sustenance was usually given of old to approvers , &c. . he mustered up again their baffled evidence from st. omers , of whom one being askt how he came to take notice of mr. oates being at st. omers all april and may , and not in june and july as well , plainly answered , ( being not well instructed , or more simple than the rest ) — it was — because the question he came for did not fall upon that time : which gives more light to the suspicion , that they came with their lessons in their mouths , to save these mens lives , and their churches sinking credit ; not to speak truth , but only right or wrong confront the kings evidence : but in vain , for dr. oates sufficiently asserted his testimony by seven witnesses , who now again proved , as they had done the day before , his being in london at the time controverted . . then mr. langhorn produced the woman at the white-horse tavern , where mr. oates had said the consult was held ; and she boldly averred , that there was never a room in her house would hold above a dozen people , and therefore there could not meet , or or persons at a time . this was an objection doctor oates could not fore-see , not thinking any body would have had the confidence to alleadge it ; and so was not provided with any witnesses to confute it : but as providence ordered it no less than three several strangers stood up in court , that knew the house well , and being sworn , attested , the first , that he had known sixteen to dine often in one room of that house ; the second , that he knew two rooms , one backwards and the other forward , where thirty might dine at a time ; and the third , that at a wedding he knew of above twenty that dined together in one room next the street . nay farther , there was a gentleman of good quality in court , who declared , there have been fifty in a room there ; so that this evidence , by such a peremptory falshood , did but add to the suspicion already too apparent on the rest of his witnesses . the matter being thus plain , the jury did not find any difficulty that might require a tedious consultation , and therefore returning after a short retirement , into court , pronounced the prisoner guilty ; and then whitebread , and the other four convicted the day before , being brought to him to the bar , mr. recorder proceeded to pass sentence of death upon them all six . but mr. langhorn , either in consideration of the affairs of others in relation to his practice , which it might be convenient to adjust ; or rather in hopes he might have been wrought upon to make some ingenuous confession , was reprieved for a month , and then executed on munday the fourteenth of june , persisting in the most solemn and studied expressions of his innocence ; which that they might be home and full , and consequently the more taking with the people , he had written down in a paper , whether of his own penning , or prescribed unto him by some priest , is uncertain ; and this he delivered to the sheriff , referring himself thereunto , as the last expressions of his mind ; and desiring it might be seen . chap. xx. the occasion and manner of mr. robert jennison's first discovery ; and the apprehension of one caryl , alias blunden , and his letter beyond the seas concerning the execution of whitebread , &c. we have before related how mr. ireland insisted that he was in staffordshire , when dr. oates , mr. bedloe , and one sarah pain , attest upon their oaths that they saw him in london . and this he not onely alleadged at his tryal , and brought witnesses to prove it , but made solemn asseverations at his death , that he never was in london from the th of august to the th of september . and knowing that such a failure in circumstance of time and place , if they could get it believ'd , would much depretiate the evidence , they not content with what had pass'd , revive it again at whitebread's tryal , as you have heard , offering fresh people to confirm it : and though the contrary was sufficiently attested by three witnesses on oath , enough to convince an impartial jury , or any body else that considers the nature of a papists religion , and how far he may lawfully , nay is bound to stretch his private conscience , when it may be for the publick emolument of their church ; yet it pleased providence , as well for the vindication and further illustration of truth , as to shame these false dissemblers , and expose their fallacious dealings , soon after to make a further discovery , and detect their lyes in this behalf , by one that had been no small zealot of their party . for presently after that tryal , charles chetwind esq upon some discourse concerning the same , was accidentally inform'd , that one mr. robert jennison of grays-inne , a person of good quality , and formerly a strict romanist , had affirm'd , that he was with the said ireland about the middle of august in russel-street in covent-garden : whereupon mr. chetwind resolv'd to enquire further after it , being thereunto encouraged by the earl of shaftsbury , to whom he had communicated what he had heard . then tracing the business , he went to robert bowes esq who own'd , that mr. jennison had signified so much to him formerly in a letter from reading , dated the th of december . hereupon several of these gentlemen repaired to mr. jennison , who after some unwilling evasions , ingenuously owned the same , and testified it upon oath before edmund warcup esq one of his majesties justices of the peace for the county of middlesex , viz. that coming up from windsor on the th of august , he went to visit the said william ireland ( with whom for some time he had been well acquainted , as being related unto him ) and found him at his lodging in russel-street , who told him he was then newly arrived by post from wolverhampton in staffordshire ; and in discourse enquired how his majesty and the court were diverted : to which mr. jennison replied , that he heard his majesty took much delight in hawking and fishing , but chiefly in the latter ; which his majesty follow'd early in the mornings , accompanied onely with two or three lords : whereupon ireland replied , he wondred his majesty should be so thin guarded , he were easily taken off or removed ; or words to that effect . at which mr. jennison saying god forbid , ireland began to qualifie it , saying , i do not say it is lawful ; and some such expressions , which made him take little notice of it at that time ; but afterwards hearing of the plot , and that the king was to have been kill'd at windsor , he began to reflect upon these former words more seriously , and related them to his father and one mr. smith his fathers confessor , being then at wallworth his fathers mansion-house in the bishoprick of durham . this and some other depositions confirming the same , with the true copy of the said letter , have since been published in print , and mr. jennison publickly attested the same at wakeman's tryal ; the horror and detestation of this hellish plot carried on by the romanists , having induced him to quit their communion . three days after the execution of whitebread and the other four jesuits , viz. june , was apprehended by captain rich , one of his majesties justices of peace for surry , one caryl , alias blunden , supposed to be a popish priest , at lambeth-marsh , at the house of one mr. woodinbrook , formerly an haberdasher of small wares in the burrough of southwark ; in whose chamber was found the following letter , prepared to give an account thereof to their correspondents beyond the seas ; wherein 't is observable , what liberty they take to scandalize the proceedings of justice , and invent so many palpable notorious lies ; as that of the reprieve being brought to the gallows , &c. to keep up their reputation with their party . the words of the letter were as follow , onely in the margent we have added some necessary observations . ihs . mr. june , . my dr. c. on the thirteenth of june , being friday , mr. whitebread , mr. harcourt , mr. turner , fenwick and gaven of the society , and mr. corker , were brought to the bar in the old-bailey : mr. corker moved the court for a longer time , being onely warned the night before , whereas the other prisoners had eight days warning to prepare themselves ; whereupon he was re-manded to prison till the next day : then was the indictment read against the five above-named jesuits , for conspiring the kings death , subversion of government , and protestant religion . then mr. oates swore , that on the twenty fourth of april , there was a consult held in london , where the kings death was conspired ; and that he carried this resolve from one to the other , for their subscribing ; and swore particular circumstances against each . to corroborate this testimony , other witnesses , bedloe , prance , dugdale , and chetwine , came in with ( ) overtures to the matter sworn by oates . then did the prisoners ( after a most solemn and ( ) religious protestation of their innocence and ignorance of any conspiracy against his majesty ) desire that their witnesses might be heard , which could demonstrate that mr. oates was actually at st. omers in all april and may , and most of june , when he swears he was in london at the consult . to prove this , about twenty witnesses were produced , who did shew evidently , by several remarkable passages , how oates was at st. omers all the whole time . but the judge scroggs asked each witness as he did appear , of what religion he was of ; and upon answer that he was a catholick , the whole court gave a shout of laughter . then the judge would say to them , ( ) well , what have you then been taught to say ? and by many scoffing questions ( which moved the court to frequent laughter ) he did endeavour to take off the credibility of their witnesses . then the butler , taylor , and gardiner of st. omers offered to swear that they saw mr. oates all that time at st. omers , when he swore he was in london . after this , the prisoners at the bar produced sixteen witnesses more , that proved oates ( ) forsworn in mr. irelands tryal , because he was in shropshire , when he attested be was in london . then did gaven , one of the prisoners , with a great deal of clearness and eloquence , and with a cheerful countenance , draw up their justification , shewing the force of their evidences , and how fully their witnesses had proved mr. oates ( ) perjured : then he did lay open the improbabilities of such a plot , and how unlikely that mr. oates should be entrusted in delivering commissions to persons of honour and estates , whom he never ( as he acknowledges ) had seen before or since . this was delivered by mr. gaven , ( ) with a countenance wholly unconcered , and in a voice very audible , and largely and pertinently exprest . the judge was incensed at this speech , in which he often interrupted him : but gaven still urged , my lord , i plead now for my life , and for that which is dearer to me than life , ( ) the honour of my religion , and therefore i beseech you have a little patience with me ! after this plea of mr. gaven's , the judge made his harangue to the jury , telling them , that what the prisoners had brought , was onely the bare assertions of boys , who were taught it as a point of their religion , to lye for the honour of their religion ; whereas mr. oates , bedloe , and others , were upon their oaths ; and if oaths were not to be taken , no courts could subsist . then mr. oates brought forth four ( ) witnesses which he had kept in reserve ; an old parson in his canonical gown , an old dominican priest ( ) proh pudor & dolor ! and two old women , that swore they saw mr. oates in the beginning of may . at this the whole court gave a shout of ( ) laughter and hollow , that for almost a quarter the cryers could not still them : never was bear-baiting more rude and boisterous than this tryal . vpon this the judge dismiss'd the jury , to consider and bring in their verdict ; who ( after half an hours absence ) brought in the five prisoners at the bar all guilty of high-treason . thereupon the whole court clapt ( ) their hands , and gave a great hollow . it being now eight at night , the court adjourned till next day at seven of the clock , which was saturday : i was present from five in the morning , till the court broke up . the prisoners comported themselves ( ) most apostolically at the bar ; not the least passion or alteration appeared in them at the invectives of the judge , or at the clamours of the people ; but made a clear and candid defence , with a chearful and unconcerned countenance ; and ( as ( ) a stander-by said ) if they had had a jury of turks , they had been quitted . i was with them both before and after their tryal , and had the honour of being in my function ( ) serviceable to them ; which i look upon , as that god favoured me in , i hope for my future good . next day mr. langhorne a lawyer , sir george wakeman , mr. corker , mr. march , mr. rumbly , the three last benedictines , were brought to the bar ; where the indictment being read against them for conspiring the kings death , &c. they pleaded all not guilty . then was langhorne first tryed , whose tryal held so long , that they had not time to try the other four ; and the commission by which they sat expiring that day , the judge adjourned the tryal of the other four till the th of july , and then the judge commanded the keeper to bring the five jesuits ; whom with langhorne ( ) were sentenced to be hang'd , drawn , and quartered . mr. corker and mr. march are close prisoners , and have been so this eight months , with whom i have been ; god has fitted , and is still fitting them as sacrifices for himself : they are very well disposed and resigned to gods holy will. mr. rumbly hath the liberty of the prison , with whom is mr. heskett ; all chearful , and expect the good hour . on thursday , the day before the five jesuits were executed , my lord shaftsbury was with turner and gaven , promising them the kings pardon , if they would acknowledge the conspiracy . mr. gaven answered , he would not murther his soul , to save his body ; for he must acknowledge what he knew not , and what he did believe was not . on friday the th of june , mr. whitebread on one sled with mr. harcourt , mr. turner and mr. gaven upon another sled , and mr. fenwick in a sled by himself , were drawn from newgate to tyburn . mr. langhorne is for a time reprieved , and promised pardon , if he will ( as 't is reported ) discover the estates of the jesuits : he was their lawyer . 't is certain my lord shaftsbury has been often with him . in the way they comported themselves seriously and chearfully ; mr. gaven had smug'd himself up as if he had been going to a wedding . when they arrived at tyburn , they each made a speech : . assevering their ignorance of any plot against his majesty . . pardoning their accusers . . and heartily praying for them . mr. gaven in his speech made an ful to all , especially laborious men , and is necessary for victualling of ships . both in france and holland are great excises on most , or all , ordinary meats and drinks , in england on part of our drink only , viz. that in alehouses , and publick brewings , ( i hope there never will be any such as shall burthen trade . ) our great wasts , and void lands , which are our present grief and scandal , may on the regulation of our trade , prove highly beneficial to us , since they will afford present room for a vast increase of people , whether forreign planters , or others ; in the vnited provinces , or france , none such are to be found . and lastly , england is far better situated for the fishing trade , and other forreign trade than either france , or the vnited provinces , and its people are naturally far more adventurous and valiant than theirs , as experience hath shewn , which makes no small odds upon national contests , between nations emulous in trade , when they fight upon equal terms of treasure , and warlike preparations : and there is no question but our national industry in trade , would be also more vigorous and successful , were it put into suitable methods ; but otherwise can no more exert it self than a generous courser in a horse-mill . from all which it must be evident , that were our trade eased as in neighbour nations , england would have the superiority , since the same causes must produce greater effects in england , being invigorated with these our national advantages , which no other nation doth or can enjoy . the present power of the french king would infallibly much contribute to it , which being arrived to such a swelling and tremendous height , does not only intimidate all men of trade and wealth in france , especially protestants ; but all the adjacent provinces and people on the continent , who either already groan under the insupportable oppressions and insolencies of the french , or are under deep and continual apprehensions of being wasted by his numerous troops , grown proud and wanton with success , and ready to make irresistable descents upon any private order ; in which these his neighbours can never think themselves secure , because of his late suddain invasion of flanders : and would therefore flye to our english world , as a blessed and safe asylum , were it put into a posture of being so . then if the suddain populacy , treasures , trade , and strength of the small dutch provinces , were the effects of the then spanish tyranny in the low-countreys , what might we not hope for from far greater confluences of the richest and most mercantile and industrious protestants , or such as would be so , even from holland and france , as well as from many other parts of europe ? whose stocks being transported by bills of exchange , and their manufactures with their persons , and this on a suddain , would give the odds of srength and treasure to the english , who no longer need to trust to the fallible security of leagues , which are so often obstructed and broken by the humour or perfidie of particular men , or frustrated by incapacity and accidents : and therefore this patching and piecing a strength together by leagues , is the dependance of small and weak estates , such as those of italy and germany ; where they are always tricking and betraying one another ; yet at this time leagues ( though not to be wholly rested upon ) may be of great , and good consequence to england . had the french monarchy never over-awed the rest of europe , as it now does , it must be evident , that if our trade had been regulated and eased equally with the dutch , all those merchants and people which have setled in holland , would have planted here , where besides the former advantages , the extent of our territory , renders the burthen of taxes far easier on particular men than in holland , where they are also at a much greater necessary charge for garrisons on their frontiers ; nay the very dutch would have forsaken those provinces for england , or if any had remained , they would have been carriers for the english , as they have been to the french , and will rather be so for the future , if our shop were sufficiently furnished , because they will more willingly transfer the wealth of the world to a countrey where they themselves may securely share in it , when they please , than to an arbitrary power , which may in a moment swallow it up , and oppress those that brought it to any the most barbarous degree ; from all which , these things are most manifest : first , that nothing does or can so formidably threaten the trade , and by consequence the monarchy of france , as the modern freedoms of the english , and some other neighbouring countreys . secondly , that the english freedoms are at this day so great an advantage to his most sacred majesty of england , that they are a weapon left in his hands , with which , and a concurrent regulation of our trade , he may with ease and assurance attain a superiority over all the monarchs and powers of europe put together ; he will cut the grass under their feet , and draw away their treasures and people , notwithstanding all the policies can be used ; no mere prohibition can stop those whose interests , quiet , and safety , shall oblige them to depart : in which , besides a sufficient guard at sea , ( to use the words of the french politicks ) there would need almost no war to be made , nor his majestie 's forces hazarded . thirdly , that for these reasons it is most evident , that it doth highly import the french monarchy , that the freedoms of the english , and all others in these parts should be subverted and evacuated , of which , whether the french councils , who have been so long and so curiously projecting the grandure of that monarchy , are insensible , i leave to be considered . fourthly , 't is also as evident , that upon such a regulation of our trade his majestie 's revenue being ( by some excise added to the then smaller customs , and other his present funds ) made but equal to what now it is , would infallibly swell higher and higher yearly , as trade , people , and treasures shall increase ; if these shall become double , treble , or six fold what they now are , so would his revenue : then what extraordinary supplies in parliament might he not expect , upon a national emergence ; nay , or for his own proper occasions , when by an increase of people , the burthen upon particular men will be answerably eased , and by the increase of treasure , and the advance of private revenues and stocks , these people should be enabled to give largely , and often ; and this without any prejudice to their home trade , or land-rents , and therefore with such an alacrity , as is agreeable to that true honour and affection they really bear him . i need not observe how much it will be in his majestie 's power to secure the making up of his present revenue by new funds , should he graciously think fit to compute by a moderation of the customs ; but since i have now , and before mentioned excises , and have observed some men of parts , almost to startle at the naming of a new excise , i shall thus far explain and vindicate my self , and the proposal : first , i shall agree that such excises as affect and over-burthen the beneficial parts of trade , are of pernicious consequence . secondly , that an universality of excise is both inconvenient and unnecessary ; but that there may be excises imposed on many superfluities , and excesses , in meats , drinks , or equipages , or upon some imported goods consumed at home , which would be no prejudice to any kind of trade ; being no clog upon our exports , or re-exports ; or perhaps , a very small excise on ordinary meats , drinks , and apparel , might be supportable : i do not propound all , but some of these , in this course there will be this odds of advantage on the part of the king , that the vsers , wearers , and consumers , being this way made chargeable , his majesty would be less liable to be defrauded than in the customs , which are perpetually smuggled , and then the imported goods openly vended , and used ; this , on the part of the people , that it will bring the like obligations of charge on men of visible and invisible stocks , in , or out of trade , as on the land-holders ; and therefore i do not see any shadow of reason why excises should appear such bugbears in england , especially to land-holders , any more than in holland , and in other trading nations , where the publick revenues are made to swell high by these small and almost insensible payments . it is confessed , that it will be highly fit to provide for a fair and easie collection , and against the extortions , insolencies , and abuses of officers ; for which we need to go no farther than to learn by what methods they are collected and ascertained in holland , if any shall misbehave themselves , we have a free recourse to the law , as in holland they have , but in france they have not , though perhaps now more than ever . nor are excises , or somewhat in the nature of them , so new amongst us , if we regard the antient tolls for things bought and sold in home-markets ; which , although they now seem small , were before the discovery and diffusion of the indian treasure considerable , and originally belonging to the crown , but since appropriated to private hands by grants , or long usages founded on grants from the crown , which having also given exemptions to some towns , we may presume them first intended for the ease of manufacturers , of which the government had an especial regard : having said this , if the reader will reflect on all that i have said , he cannot think i have any design in beggaring the english subjects by an invention of new taxes ; 't was sir walter raleigh's opinion , that the smaller and more numerous payments of custom , would rise far higher than before , which he confirms with fact ; be they more or less , the national wisdom is at liberty to exert it self in further levies , by excise , land-tax , poll , or otherwise as there shall be cause . having now written what i intended on the present subject , the nature of it may sufficiently assure the reader , that i have not designed any peculiar ends of my own : on the contrary it hath been a trouble , which i wish an abler hand had undertaken , and being for the publick , may expect what usually ensues , when men engage upon the cutting of common rivers , wherein they must have contests with every one , who hath a lands end abutting upon the work , who will set a greater value upon six foot of earth , than upon all the good the countrey , and therein themselves , and all their posterity , might reap by the accomplishment of the business : i● which they are generally so tenacious , that they ordinarily ruin the vndertaker , and thereby make great store of mirth for the cunning men of the adjacent villages . i am not insensible how many mens animosities i have hazarded , by incountring their private interests , or contrary inclinations ; a thing no way grateful to me , being not one of those ( if any there be ) that , out of any petulancy of humour , love contention , or innovations , or that would appear considerable by opposing something that is already thought so ; or that delight in stirring sediments , or raking into fedities ; i affect quiet as much as any man , and account it my ordinary duty to give the least offence i can , even to the little ones . nothing but a consideration of our present difficulties , and a hope to be instrumental to the publick felicity could have moved me an inch beyond these common prudentials ; to which i have yet conformed as far as i can ; i have touched no man's person , and i presume i need not say i have forborn reflections , in which i do not think any one obliged to me , being but what i have judged requisite for a composure of things ; it hath been absolutely necessary that i should represent our ill constitutions in trade , and some of the most important consequences , that from a general apprehension of the common interest , there may ensue a national union in those methods which may be most for the publick advantage , and this upon the mighty basis of our present form of government , and under our present most gracious prince , whose glories i hope to see expanded by an exuberant increase of national treasures , people , and royal revenues , and to such a degree , as that the days of our queen elizabeth shall appear but a faint type , or dawning of the greater lustre and happiness of his now majestie 's reign : this is what i wish for , and have to my utmost endeavoured , and therein the real advantage of all ranks of men in the nation ; if then these excellent ends appear obstructed by a sort of antient or innovated laws or usages , who can speak of them , without much resentment ? in which , i hope , i am excusable . these are the spells by which our innocent people are inevitably lead into courses destructive to the publick . how can our merchants or shop-keepers now avoid trading in forreign consumptive goods ? have they any sufficient stores of home-manufactures ? can our merchants trade from port to port as the dutch and others do ? or must men that are bred up to these gentile professions , that are men of family , industry , and fortune fling up , live lazily , or poorly ? who doth not know how many generous and intelligent men , are to be found amongst our merchants and shop-keepers of all sorts ? such as bear a true affection to their country , and are an honour to the nation , and such as wish for a regulation of our trade , and would be ready and capable to give all farther assistances , were they called to it ? this i wish to see , being not so conceited , as to think i have said all that is material on this subject ; but on the contrary apprehend , that there are very few paragraphs of what i have written , but may admit of farther informations : in the mean time , from what hath been already said , it must be apparent to these and others , that as an open and free trade would be far more profitable to the generality of merchants , so would it be far more honourable to all ; that the consequential increase of people and wealth , would better support our great increase of shop-keepers , lawyers , solicitors , pen-men , &c. ( of which the present numbers would then hardly be sufficient ) that the benefits of our clergy must receive an inevitable improvment by it . and that our great and famous city of london ( which is the seat royal , where our national courts of justice are , which is contiguous to our most secure harbour for ships , which hath the sweetest and most commodious situation of any city in europe , and is so vastly peopled already ) must by these advantages , for ever , have the greatest resort and trade of the nation , ( even under the utmost improvments of our trade ) which must then be incomparably more than now : besides , the vast advantage our gentry would infallibly reap by the continual rising of their rents , even such of these as desire more business , or gain , will then have other and farther daily opportunities , by putting stocks into manufactures , or forreign trade , and projecting and solliciting the improvement of either , or both . in florence , the very nobility and great duke himself are traders ; hence might our members of parliament be continually prepared to make the most suitable laws for the facilitating of trade . lastly , nothing can so effectually and certainly secure the peace of the nation , as the regulating of our trade , since it will set all mens heads and hands at work in all manner of innocent and profitable imployments , and introduce a general satisfaction and harmony . then , and never 'till then , shall we make up that invincible phalanax , which must not only be terrible to all forreign nations , but to all enemies of the government at home , when they find it supported by the solid pillars of trade and treasure , and a consequential swelling populacy and navigation ; which will deter men of sence from treasonable machinations , and of fools there needs no fear : whereas the defect of these supports must continually administer temptation to all such as by reason of their particular circumstances , can hope for any greater advantage or security , by the general ruin . the body politick being in this like the natural , more subject to new distempers when it is infirm before , but when stanch in every part easily bears off the corruption or acidity of any malevolent humours , the trade of the world hath long courted england , but never with so much importunity , or with so much advantage as now : this great lady affecting freedom and security , hath no inclination to continue under the arbitrary power of the french , nor the vncertain fate of the dutch ; with these she hath resided only as a sojourner , but is ready to espouse our interest and nation , and with her self to bestow upon us the treasures of the world ; but if we still continue inexorable and stubborn , things are grown to such a crisis , that we may have reason to fear this is the last time of her asking , and that she may suddenly turn this kindness into such a fury as we shall not be able to withstand . shall we then embrace so advantagious overtures , or , shall we still proceed in our present methods ? i have heard it was a hard matter to reclaim the irish from drawing with their horses tails ; shall the irish now beat us out of our trade ? shall we continue rolling in forreign silks and linnens ? or be still sotting in forreign wines , whilest they pick our pockets ? shall we be curious in trifles , sneaking after our private interests ? or like the blind sodomites groping after our filthy pleasures , whilest the wrathful angels of god stand at our elbows ? shall we like the reprobated jews be under continual demications within , whilest our enemies are at the gates ? shall those of the high city , those of the low city , and those in the temple be picking out one anothers eyes to facilitate the aggressions of more powerful forreigners ? or shall we be hunting or grasping after false shadows , and imaginary forms and ideas , and neglect that most valuable substance which we have already in our mouths , and which would turn into the most solid nutriment , would we take the pains to chew it ? which leads me to say , there is yet a farther requisite to our happy procedure in the whole , of greater importance than any other ; viz. a general humiliation of our selves towards god , accompanied with an abhorrence of our past intemperances , corrupt passions , pride , avarice , lusts , prophaneness , mutual oppressions , perfidies , and other impieties , with such a christian meekness , charity , purity , truth , holy zeal and resolution as may render us capable of his mercy and protection ; perhaps one false step at this time , may be more irreparable than ever ; 't is certain we shall never be able to make a true one whilest we are under the displeasure of the almighty . it is as undeniable , that the laws which obstruct our trade , cannot be repealed , or new ones requisite for its improvement or security be made , otherwise than by a parliament : whether therefore , upon this and other important considerations , the convening and holding of a parliament be not , under god , ( who does not work by miracle ) a necessary means to prevent the ruine of this nation , and how long it may now with any security be deferred , is that , which i most humbly submit to the determination of authority . finis . the contents . the introduction . pag. section i. trade national or private , home or forreign treasures imported by trade , thence land-rents , popularly increased , the revenues of all ranks of men depend upon trade , people and treasure make national strength , particular advantages in treasure , the difference between ancient and modern wars , navigation supported by trade , this necessary for the security of an island , and therein the further scope of the whole . p. sect . ii. the several kinds of forreign trade , of trading with home or forreign navigation , some general application . p. sect . iii. of forreign trade consisting in exportation , of the advantages of home-manufactures , incidently other home-trades and imployments are considered ; and which of them enrich a nation ; of the fishing trade , and the annual exporting of corn. p. sect . iv. of forreign trade from port to port ; the nature and advantage of it ; differs from meer carriage , and meer importation ; the necessity of a home store-house : the ordinary exporting of money or bullion , of dangerous consequence ; how to be avoided : the fishing trade , and trade from port to port , are the nursery and support of sea-men , and sea-towns ; the condition of ours ; the national advantages of england for all sorts of trade , yet hath the least share . p. sect . v. that our home and forreign market is incumbred and prejudiced by extraordinary and vnequal charges and cloggs in our merchandize above what are in our neighbour-nations , viz. in the building and furniture of our ships , victuals , sea-mens wages , customs , interest-money , &c. and forreign trade ; more particularly of the decay of our woollen manufacture : our exportations now confined to our importations and imported treasure , how to be enlarged ; our casual dependence on the trade of spain . p. sect . vi. other cloggs on our trade , viz. the late acts of navigation , which , with the other difficulties , have begot monopolies ; made our navigation yet dearer ; so forreign materials of manufacture cause meer importations , hinder our forreign vent of victuals , obliges a sudden consumption of our remaining ship-timber ; particular dangers and consequences thereof : our navigation cannot be increased whilst we are restrained in trade . the exhausting of our treasure must subvert our navigation : the advantages of forreigners , of tradeing by companies , and the different nature of ours , more particularly of our african and east-india companies and trade : divers ill consequences of joynt-stocks ; therein more of monopolies . long land-carriages to london ; the market there delayed . odds in interest-money must prejudice our manufactures : private interest observed . our affectation of forreign commodities : the prejudice of obstructing the vent of manufactures . our manufactures liable to be ingrossed upon by our merchants , and by ingrossers ; a disadvantage by the restitution of half-customs on the re-exportation . p. sect . vii . forreigners eased in trade ; other clogs of difficulties upon ours ; want of populacy , incidently of extream prices of victuals ; and how the duration of land-rents may be secured ; our people restrained from manufactures ; the abuse of the act of eliz. . act of eliz. cap. . meer prohibitions of no value . freedoms and pre-emptions of corporations , with the consequences . free-schools and scholar-like employments : forreign protestants hindered from transporting hither ; want of toleration of protestant dissenters ; the objections briefly considered : elections in corporations . monopolies of new manufactures : delay and charge in some law-suits . tythes of hemp , flax , and fish ; more of customs , and incidently of taxes . p. sect . viii . that a nation may grow poor by forreign trade , viz. by an excess of meer importations , illustrated by some observations , this facilitated by exporting money or bullion , the fatal consequences and symptoms of a consumptive trade , decay of manufactures , other ways of living over-stocked , fall of rents , general poverty , an increase of criminals of all sorts , depopulation ; some application to the present case of england , and amongst others the occasion of the new buildings about london , of incontinency , cunning , &c. p. sect . ix . that a consumptive trade must render a nation still weaker and weaker : how far the meer establishment of absolute power , or meer liberty and property , may alter the case . p. sect . x. further presumptions of our late national overballance in trade ; an account from the mint in november . and thence our former ballance of trade estimated . p. sect . xi . particular decays in our exportations , and the beneficial parts of our trade ; instances in the decay of our forreign trade for woollen clothing , in the several counties and ports we traded to , in the sinking of the forreign price of this manufacture , so of exporting wool , in our forreign victualling trades for flesh , butter , cheese , &c. in our irish trade , and scotch trade for almost all sorts of commodities : irish wool increased : the expiration of the irish acts will not now revest that trade , but prejudice us more , and in what ; decays in our several former and late fishing trade , in our forreign trade for stockings and hats , in our exports to the canaries , in the forreign price of our exported tynn and lead , and the price and quantity of exported pewter , in our trade from port to port , our former and late prejudices in our plantation-trade , incidently of our navigation , and other things . p. sect . xii . instances in late increases and excesses of our forreign importations , and therein of the decay of some other of our own manufactures which supplyed our home-vses , viz. in linnens of all sorts , more dear fine linnens used ; incidently of the late and present huswifery of english women : in ticking , in imported woollen manufactures from holland , france , and ireland ; in cordage , cables , sayls and sea-nets ; in iron , in brandy , in wines of all sorts , these risen in price ; the particular odds in our former and present canary-trade ; in coffee , in earthen ware , pitch , tarre , hemp , flax , and forreign timber bought dearer , and far more timber imported : in imported silks of all sorts ; in laces , and many other things , and thereupon our late french overballance considered . to which are added , our late losses by the french capers , and money exported to france by our travellers , &c. the national overballance inferred , this cleared by a deduction of our trade , with relation to the dutch and french , and therein of their gradual increase , and our decay in trade ; whence the growth of the french and dutch revenues and strengths observed ; a farther calculation of our late and present overballance ; incidently of some farther advantages in trade forreigners have upon us . p. sect . xiii . that a considerable part of our late treasure is exhausted : application to our publick and private revenues : objections answered , viz. the plenty of money to be let on securities ; stores of money in london ; stocks in merchandize ; the over-weightiness of our coin , &c. p. sect . xiv . people and treasure the true pillars of the national strength : the odds in the different vse and imployment of people . the absoluteness of the french monarchy no cause of the present french grandure : the late application of the french councils to the increase of trade , people , and treasure ; and the occasion thereof . the greater excellency of the form of our english government . the farther necessity of improving our trade from the modern treasures and powers of the french ; of their naval force , the algiers pyracy ; how the french design to engross all maritime commerce ; our dangers from france ; of the present condition of the dutch : that our late prohibition of french goods will not disable that monarchy , nor better our trade ; meer prohibitions of no value : our great advantages in trade above france and holland : that a speedy regulation of our trade &c. would secure us against all forreign powers , and dangers at home : of excises , and other taxes . the certain increase of his majesties revenue ; hence , what occasion for a parliament , &c. p. errata . the copy by which the print has been examined being imperfect , 't is doubted all the errata's are not observed , but these following have occurr'd , viz. pag. . line . for hires re ad hives . p. . l. . r. notions . same p.l. . f. of improvments , r. and. p. . l. . r. populacy . p. . l. . r. commodities . p. . l. . r. principles . p. . l. . r. commodity . p. . l.f. with r. which . p. . . r. manufactures p. . l. . f. . r. . p. . l. . r. re-export . p. . l. . after add or . p. . after for add some . p. . f. wars , r. wares . p. . l. . after high add our . l. . after have , add near . p. . l. . af . make add a. p. . l. . f. sails r. sailors . p. . l. . af . since add of . l. . bef . are ad they . p. . l. . such as leave out as . mote , the next page is false numbred , viz. , and so forwards till page : in which are these errata's viz. p. . l. . r. erection . p. . l. . f. custom r. constitution . p. . l. . f. these r. the. p. . l. . it their , leave out it . p. . l. . f. exempted r. exerted . p. . l. . r. notoriety . the same p.l. . f. highly r. hightly . p. . l. . f. rent , r. vent . p. . l. . r. manufacturers . the same p. l. . f. prize r. price . p. . l. . f. being , r. bring . the same p.l. . r. in considerate . p. . f of difficulties , r. and. p. . l. . af . never , add can . p. . he was , he to be omitted . in the same marg . f. . r. . p. . l. . r. manufacturer . note , in sect. . at p. . there follows p. . and so forwards , wherein are these errata's . p. . l. . af . that r. most . p. . l. . f. and virgil. r. or . p. . l. . r. propose . p. . omit and. p. . l. . r. difference . p. . f. a , r. the p. . l. . r. manufacturers . same p.l. . f. this , r. there . same p.l. . af . and r. are . p. . l. . leave out partly . p. . r. those . p. . l. . f. a fair . r. an . p. . l. . f. l. r. l. p. . l. . r. altercation . same p.l. . & . r. affected . p. . l. . r. exported . p. . l. . f. art , r. act . p. . l. . f. here , r. have . p. . l. . f. god , r. gold. p. . l. . to three add near . p. . f. moderately , r. immoderately . p. . an addend . in the margent omitted ▪ viz. to these and all the rest , add what losses have accrew'd by inclosing our african trade to a company and joynt-stock , and by the act of car. . . licensing the east-india company , and all others , to export treasure and such other late losses , as being mentioned in the th . th . th . th . or th . sections , have been omitted in this and the last section . p. . l. . f. drive , r. drove . p. . l. . af . more then add their then value . p. . l. for yield , r. of . p. . and the , leave out and. l. . of more , leave out of . p. . l. . r. greater . p. . f. impossible , r. possible . p. . f. of felters , r. and. p. . l. . f. their , r. the. p. . l. . f. , r. . p. . l. . r. king's . p. . l. . abundant of , leave out of . l. . f. parts , r. ports . p. . l. . af . gain , add by . p. . l. . f. spake , r. speak . p. . l. . f. repealed , r. repeated . l. . af . and add that . l. . an addend . in the margent omitted , viz. the genoeses of late appear unwilling . p. . l. . f. our , r. their . p. . l. . f. can , r. could . p , , af . cutting , r. new . p. . l. . r. benefices . p. . f. phalanax . r. phalanx . p. . f. malevolent , read malignant . notes, typically marginal, from the original text notes for div a -e see mr. smith of improvements , pa. , , . computes the whole profit of this fishery to be ten millions sterling : per annum , in a manner , all gained by other nations . notes for div a -e see sir william temple's book of the dutch cap. of trade , pag. . . stat. restraining the exportation of money and bullion are . e. . cap. . h. . th r. . h. . th h. . . h. . . the exportation of bullion licensed by a short clause of car. . cap. . intituled trade incouraged . notes for div a -e car. . cap. . & car. . cap. note , no interest is allowed in france . sir walter rawleigh , in his time , observes , that if an english and holland ship of tun a piece be at dantzick , the hollander should serve the merchant cheaper by l. than the english , being sailed with nine or ten mariners , but ours with thirty , yet our english carpenters keep their old way of building to this day , and know no other . notes for div a -e car. . ca. . car. . c. . car. . ca. . car. . c. . see mr. coke's third treatise of trade . see mr. coke's treatises of trade , this largely and most rationally discoursed . the present east-india pattent granted july . that to the affrican company since . stat. . jacob . . . hen. . cap. th . . jac. cap. th . see the present state of the low countrys , printed in . written by m. a. fellow of the royal society , p. . , , , , . see mandelsloes travells , p. . note the affrican companys patent contains from the streights mouth to the cape of good hope . printed in ( . ) pag. . see mandelsloes travils . state of the low countrys . . . in . the dutch east-india stock was made up near millions sterling , besides great dividends . present state of the united provinces pa. our east-india stock actually paid was but l. the trade so ill , that in . our effects were sold at . per cent. and farther subscriptions refused : but the act of . car. . licencing the exporting of bullion and forreign coyne , and the company betaking themselves to this commodity , hath occasioned the support of this trade to the present degree . notes for div a -e see sir william temples book of the vnited provinces ch. . the peopling of ireland here intended he was to supply the losse by the irish massacre being computed at about . persons besides what the growing plentys of ireland have invited over dayly . stat. . eliz. th . jacob. . car. . . by the maps of england it is found to contain . acres besides that which is allowed for high-ways , all the united provinces are hardly so big as yorkshire . besides the common law these statutes , r. . . h. . . h . . h. . . h. . . h. . . h. . . and many others of former date , to which are added car. . . car. . . and car. . . see sir william temples book of the dutch , chap. the th . see sir william temple , chap. of religion . mr. fox . dr. heylin observes , that after the toleration of protestants in france , the other party in religion having the countenance of the state , and the prescription and possession of so many years to confirm the same , is in as prosperous a condition , both for power and patrimony , as any that acknowledgeth the authority of the popes of rome . geogr. . notes for div a -e see mr. mun of foreign trade , chap. . p. , to . and that the over ballance of trade in any particular country ; causes the exchange to be high , so that the exporting of money shall save the merchant ▪ l. per cent. or more , as the exchange is . author of the grounds and reasons of the contempt of the english clergy . pag. . notes for div a -e plate coined by the king at oxon , and parliament at london . notes for div a -e pag. , . pag. . this value of our exported cloathing to france is avouched by our antient traders thither , and so asserted in the printed book in ( ) in defence of our east-india company . mr. smith cited before , reasonably computes other nations gain , l. per annum by this fishing trade only , whereof the dutch above l. mr. mun in . saith , it was found that all our exported fish , of all sorts , amounted to but l. per annum , pag. . see before . notes for div a -e the canary wines are computed at about pipes yearly , which at l. per pipe , amounts to l. per annum ; and that our commodities exported thither , do amount to about l. per annum . in anno ( ) and ( ) mr. fortrey first printed his book in ( ) mr. mun of forreign trade pag. . notes , that all the great losses we receive at sea in our shipping , either outward or homeward bound , ought to be considered in the ballance ; for the value of the one is to be deducted from our exportations ; and the value of the other from our importations . here may be added the vast sums and riches which already are , and annually will be transported by papists to france , and other parts ; but principally to france . see before in section the th . pag. heylin's geogr. . he began his reign in the year . and reigned till . next lewis th , who died . and since , the present lewis the th . pag. . as for mr. mun's proposal to export money in trade , i have spoken to it before ; and besides , he recommends the reduction of the customs , and easing of trade , which ( if fully done ) it might be then convenient . pag. , , . notes for div a -e pag. . pag. . geogr. . bernard de gerrard of finances . see before , sect. th . french politicks pag. , . pag. . pag. . see sir william temple of the dutch , cap. . note , most of that fleet which the algerines had ( which was but small ) was destroyed by the english at cape spartell , and bugia , about eight years since ; they have since built men of war , from to guns and upwards , besides brigantines , gallies , &c. pag. , . pag. . pag. . pag. . see sir william temple of the dutch , pag. cited before , sect. . see the buckler of state and justice , printed in ( ) by the special appointment of the honorable the lord arlington . pag. . pag. . beginning pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . pag. . see before pag. the present lord chancellour in his speech to both houses of parliament , on the d of may , . the gazett for monday decemb . . gives us this advertisement . hamburgh , dec. . the french have hired all the vessels in this river , and the weser , which used to go to france , and return with wines , on which they mean to transport great quantities of oats , and other corn ( which they are therefore buying up in these parts ) to calais , dunkirk , and other places on that coast. pag. . see the tryal , p. . p. . p. . p. . p. . p. . p. . p. . ( ) a pretty way of expressing plain positive evidence of several overt acts of treason . ( ) it might be solemn , but could not be counted religious by any but you , whose religion consists in lies and blasphemous hypocrisie . ( ) all absolutely false , though it might have been the most proper way of examining such bold young villains ; for 't was apparent they did not speak their knowledge , but their masters dictates . ( ) another impudent lie ; and sure the jesuits themselves and the staffordshire vouchers , if they have any shame left , will now blush at the story . ( ) not the least pretence for this old baffled scandal . ( ) o brave orator ! sure this recommendation of such brave service done the church , will hasten gavens canonization , at least one score or two of years . ( ) ay , and soul to boot . ( ) these four were no less than seven . ( ) is he so ? the honester man he , to speak the truth and shame the devil and the jesuits . — but proh dolor ! alas ! how this grieves you , that any one of your religion should speak truth when it makes against you . ( ) and who could forbear , to hear how undeniably your novices were proved to be like their masters , most egregious liars ? nor yet did the court laugh , but the crowd of people , whom the court took order to silence . ( ) better so , than that you clap your hands at the murder of the king , as some of your tribe did at that of your enemy , his blessed father . ( ) bravely said ! who would confess now ? to be thus apostolified , would make one venture purgatory . ( ) dear sir , tell us his name ; he was a wit undoubtedly , unless it were your self . a jury of turks have done strange things , and may acquit any body ; but these were a jury of honest christians , and therefore they found them guilty . ( ) 't is pity you had not been caught giving the knaves that absolution . ( ) poor langhorne ! not one word of praise for thee ! methoughts thou lookedst as apostolically as the best of them : but this 't is to be a lay-man , and confess jesuits lands . see sir w. temple of the dutch , pag. see josephus of the siege and destruction of hierusalem . a briefe of the lady dales petition to the parliament dale, elizabeth, lady. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a briefe of the lady dales petition to the parliament dale, elizabeth, lady. england and wales. parliament. sheet ([ ] p.). w. jones, [s.l. : ] imprint information from stc ( nd ed.). "requesting restitution of the estate of her late husband, sir thomas dale, which was unlawfully confiscated by the east india co. a committee was appointed to investigate her case on may , and her petition returned without prejudice on may"--stc ( nd ed). reproduction of original in: harvard university. library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng dale, thomas, -- sir, d. -- estate. dale, elizabeth, -- lady, fl. . east india company. broadsides -- london (england) -- th century. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a briefe of the lady dales petition to the parliament . shewing , that sir thomas dale her husband being imployed ( in the yeare ) by the east india companie as chiefe commander of their fleete into the east indies , and there dying ( in the yeare ) leauing a great estate there in money and other things ( in his ship called the moone , then floating at sea ) to the value of pounds , all which after his death belonged to the petitioner as sole executrix of his last will made before his going in that voyage . shortly after his death , one thomas iones a factor for the companie there , and robert owen a seruant of the said sir thomas , by confederacie with george ball , william methald and augustine spaulding factors likewise for the said companie ( according to the vsuall customes of those factors in case of any mans death there , by a forehand priuate direction from the gouerners , treasurers and committees of that companie , to seize vpon all his goods for the vse of the companie , and so to swal●ow vp all his estate ) got aboord the said ship in the absence both of the master and purser of the same , and there vnlawfully brake into sir thomas his cabbin and store-roome , and tooke and carried from thence all his money , goods and estate there whatsoeuer , together with diuers written bookes and memorials of the particulars of his estate there , which bookes and memorials they haue suppressed and concealed , and haue shared all the said estate betweene themselues ; and the said gouerners , treasurers and committees of the said companie giuing no part thereof , nor the sight of the said bookes and memorials to the petitioner euer sithence . the said gouerners , treasurers and committes not herewith content , haue since practised to defeate the petitioner of all her estate at home ( lying all in their hands ) being a matter of poūds or neare thereabouts , aduentured by her said husband in both the ioynt stocks of that companie , besides the profits thereof and some other moneys owing by the companie to her husband , causing an officer of theirs to charge her for that purpose with supposed debts of her husbands to the companie , to the value of pounds , which vpon examination of another of their officers in her cause , hath been since confessed by him vpon oath to be an vniust charge , and excused as a mistaken by the companie . that the petitioner hath sought remedy for the former of these wrongs ( done in the indies ) by a suite in the admiraltie court against the said iones and owen , being the principall actors of the said wrongs and spoile there , where notwithstanding that good proofe was made , as well of their said vnlawfull fact , as of diuers particulars of the said estate ( to a great value ) so vnlawfully taken away by them , besides a much greater estate concealed by their taking and suppressing of the said bookes and memorials , yet through the greatnesse and potencie of the said gouerners , treasurers and committes bearing those fellowes out in that suite against the petitioner , she could not there obtaine recompence of the said wrongs , according to her proofe made thereof . so the said gouerners , treasurers and committees , and those others before mentioned , detaining from the petitioner all she hath ; and the said gouerners , treasurers and committees not onely denying to yeeld her any part of her meanes in their hands , either for the righting of her selfe by suite , or for her necessary maintenance , but refusing also very scornfully as much as to treate with her ( or her friends for her ) of iustice and equitie , especially because the depositions already taken in her cause , will not auaile her in any other ordinary court ; and her witnesses ( of the wrongs done her beyond seas ) being sea-faring men , are not to be produced at all times to serue her turne , some of them ( who haue been examined already in her cause ) being since gone againe to sea. humbly therefore prayeth this honorable court to take her cause into their considerations , to call the parties aboue mentioned ( or such of them as are neare at hand ) to appeare forthwith before them , commanding them to bring the said bookes and memorials into the court , and vpon view thereof , together with such proofes as are already made in the cause , without further trouble or other examinations , to take such order for her reliefe and satisfaction for the said seuerall wrongs , as their wisedomes shall finde agreeable to iustice and equitie . notes, typically marginal, from the original text notes for div a -e sir tho. dale imployed to the east-indies by the company , dyeth , leauing a great estate there in his ship belonging to the petitioner as his executrix . his estate there after his death spoiled by the cōpanies factors and his own seruant , and shared between thē & the gouerners , treasurers and cōmittees of the company , & his state-bookes taken and suppressed by them . the gouerners , treasurers and cōmittees practise further to defeate her of all her estate at home , lying in their hands . she seeks remedy in the court of admiraltie for her wrongs beyond seas , but obtaines not iustice there according to her proofes . all she hath , thus detained from her , not able to maintaine suite , her witnesses not to be had at all times , their depositions already taken , not seruing in any other court. praying this high court to consider of her cause , to call the parties , to view the state-books and the proofes already made , and thereupō to take order for her reliefe . a treatise wherein is demonstrated, i. that the east-india trade is the most national of all foreign trades, ii. that the clamors, aspersions, and objections made against the present east-india company, are sinister, selfish, or groundless, iii. that since the discovery of the east-indies, the dominion of the sea depends much upon the wane or increase of that trade, and consequently the security of the liberty, property, and protestant religion of this kingdom, iv. that the trade of the east-indies cannot be carried on to national advantage, in any other way than by a general joynt stock, v. that the east-india trade is more profitable and necessary to the kingdom of england, than to any other kingdom or nation in europe by philopatris. child, josiah, sir, - . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing c estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a treatise wherein is demonstrated, i. that the east-india trade is the most national of all foreign trades, ii. that the clamors, aspersions, and objections made against the present east-india company, are sinister, selfish, or groundless, iii. that since the discovery of the east-indies, the dominion of the sea depends much upon the wane or increase of that trade, and consequently the security of the liberty, property, and protestant religion of this kingdom, iv. that the trade of the east-indies cannot be carried on to national advantage, in any other way than by a general joynt stock, v. that the east-india trade is more profitable and necessary to the kingdom of england, than to any other kingdom or nation in europe by philopatris. child, josiah, sir, - . [ ], p. printed by t.f. for robert boulter, london : . reproduction of original in huntington library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. great britain -- commerce -- east indies. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - amanda watson sampled and proofread - amanda watson text and markup reviewed and edited - pfs batch review (qc) and xml conversion a treatise wherein is demonstrated , i. that the east-india trade is the most national of all foreign trades . ii. that the clamors , aspersions , and objections made against the present east-india company , are sinister , selfish , or groundless . iii. that since the discovery of the east-indies , the dominion of the sea depends much upon the wane or increase of that trade , and consequently the security of the liberty , property , and protestant religion of this kingdom . iv. that the trade of the east-indies cannot be carried on to national advantage , in any other way than by a general joynt-stock . v. that the east-india trade is more profitable and necessary to the kingdom of england , than to any other kingdom or nation in europe . by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . london , printed by t. i. for robert boulton , at the turks head in cor●●● , . a treatise concerning the east-india trade . before i enter upon the particular proof of the propositions in the frontispiece , i shall desire the readers leave to mention some few general opinions of my own concerning trade , which i have long since entertained ; and the older i grow in experience , the more i am confirmed in them . . that trading merchants while they are in the busie and eager prosecution of their particular trades , although they be very wise and good men , are not always the best judges of trade , as it relates to the profit or power of a kingdom . the reason may be , because their eyes are so continually fixt , and their minds intent upon what makes for their pecuiiar gain or loss , that they have not leasure to expatiate or turn their thoughts to what is most advantageous to the kingdom in general . this i am told was the opinion anciently of m. t. cicero , and also boden , that learned french author , and lately of the lord chief justice st. john , who was a principal engineer in the first act of navigation . but whether it was their opinion or not , i am sure it 's true by manifold experience ; of which i could give pregnant instances in the age we live in , and former councils of trade since his majesties happy restauration , but that i design brevity , and to avoid all personal reflections . the like may be said of all shopkeepers , artificers , clothiers , and other manufacturers , until they leave off their trades , and being rich , by the purchase of lands , become of the same common interest with most of their countrey-men . . and upon the same reason i am of opinion , and have found by experience , that a mixt assembly of noblemen , gentlemen , and merchants , are the best constitution that can be established for the making rules , orders , and by-laws , for the carrying on any trade for the publick utility of the kingdom . . that all domestick or foreign trade , to any place or countrey , that doth not in the result and consequences of it , increase the value of our english lands ( the good plight whereof is the main basis of our wealth , freedom , and safety ) ought not only to be discouraged , but totally rejected . . that all monopolies , of what nature or kind soever , are destructive to trade , and consequently obstructive to the increase of the value of our lands ; and that therefore , if there be any thing in the east-india company 's charter , or any charter of incorporated merchants ; that hinders any of his majesties subjects of england , scotland , or ireland , from coming into that trade , upon as good terms as others of his majesties subjects did , or yet may , it would tend to the general good of the kingdom , that such barrs or hinderances were removed . . i am clearly of opinion ( be it said without offence ) that if all strangers inhabiting in any of his majesties kingdoms ( so they be not suffered to be of government ) had as free liberty to enter into any of our incorporated foreign trades , as any of his majesties native subjects , as is practiced in the united netherlands , it would greatly encrease the trade of england , and improve the value of land. . that those narrow clauses in the turkey companies and other charters , which limit the traders to be freemen of london , and not to be shop-keepers , or other than such as they call legitimate merchants ; as also the practice of admitting no man to be free of the turkey company under l. if he be under years of age , or l. if above , are to the prejudice of the nation in general , tho they may be for the advantage of the particular traders , for which i suppose they were calculated . . i am of opinion , the dutch , nationally speaking , are the wisest people now extant , for the contriving and carrying on their trades for the publick advantage of their countrey . if any shall here object , that if it be so , i am mistaken in my former notion , that merchants are not always the best judges of trade ; for the dutch have most merchants in their councils . the honourable sir william temple hath already answered for me , that their councils are made up of very few or no trading merchants , but of civilians , or sons of merchants , that have long since lest off their active trades , and have only now stocks in their east and west india companies , or in their banks and cantores , or other publick fonds . . that tho the dominion of the sea may be obtained by arms , and fortunate battels at sea , it can never be retained , preserved , and maintained , but by the excess and predominancy of forreign trade . . that domestick and foreign trade do ( as we vulgarly say of twins , but more truly of trade ) wax and wain together ; and if it were not an impropriety of speech , land might be coupled with them . . i am of opinion , that silver and gold , coined or uncoined , tho they are used for a measure of all other things , are no less a commodity than wine , oyl , tobacco , cloth , or stuffs ; and may in many cases be exported as much to national advantage as any other commodity . . that no nation ever was or will be considerable in trade , that prohibits the exportation of bullion . . that though it may be best to be left free and indifferent , it is more for the publick advantage to export gold or silver coined than uncoined : by the former we gain the manufacture , and something of honour and magnificence it is , to have his majesties royal stamp pass current in all parts of the world. . i am confident , whatever nation hath the lowest interest , will certainly have their lands in highest esteem and price ; and that no nation shall ever over-match the dutch in trade , till they mate them in the rate of interest of money . . that the dutch gain much more by bullion and foreign commodities exported from their provinces , of which the chief are wines , east-india goods , english herrings , greenland oyl and fins , than by all their own native productions and manufactures . . that it is as probable an attempt to wash a blackamore white , as to hope that ever we can cope with the dutch in white herrring fishing , salt-droaging from st. uvals to the east-land , or the russia or greenland trade , till the interest of our money be as low as theirs . . i always bear that deference to the consent of nations and numbers , that when-ever i see wise and great nations , having different interests , and various forms of government , yet conspire , as it were , in the same means , to accomplish the same ends of profit . , power and honour , i conclude , they are nearer the right way to those ends , than the wisest and best private men living , that hold contrary opinions , swayed by personal profit or loss , pique or prejudice . . i am of opinion , with submission to better judgments , that there is just as much need of companies of merchants in england as in holland , and no more . where companies are necessary the dutch have them ; and in such manner as is most necessary to the nature and commerce of the countreys , for which they are incorporated . and i never heard of any companies of merchants there , but those of the east and west indies , and both in joynt stocks ; protected and defended by the laws of the provinces , which are of the same force as acts of parliaments with us . . that there is a necessity of a joynt stock in all foreign trade , where the trade must be maintained by force and forts on the land ; and where his majesty cannot conveniently maintain an amity and correspondence by embassadors ; and not elsewhere . i shall now return to what was proposed to be proved in the title page , viz. i. that the east-india trade is the most national of all foreign trades . which i prove thus : viz. . what the dutch , french , danes , portugals , and which , not long since , the swedes , and now the d. of brandenburgh , have with so great charge and expence attempted , and hedged about with laws and encouragements , must certainly be a matter of the greatest national consequence . . this trade employs more great warlike english ships , that may carry from to guns a-piece , than all the trades of the world from england besides . . this trade alone furnisheth us with saltpetre , a commodity so necessary , that in the late kings time the nation suffered greatly by the want of it ; as is too well known and remembred . . above four fifth parts of the commodities imported by this trade , are again exported into foreign parts ; by which the navigation and trade of this kingdom is vastly encreased into turkey , italy , spain , france , holland , and other parts of christendom ; by the returns of which , more than treble the bullion is imported , that was first exported to india ; and the wealth of this kingdom is as greatly encreased , as by the direct trade to and from the east-indies . . most of the east-india commodities are of so small bulk , that if the trade of the east-indies were not in english hands , the commodities , notwithstanding any laws to the contrary , would come in from holland ( as the french silks now do ) with this difference only ; then we should pay as much for pepper , which we now sell for d. the pound , as we do for nutmegs , cloves , mace , cinnamon which is from s. to s. per pound ; tho some of them are cheaper at the places of their growth than pepper is at bantam ; but enhaunsed to that price by the dutch , having the sole trade for them . by which i conclude this saves the kingdom in that respect only , l. per annum , that otherwise they would be outwitted of . . all riches and power in nations , as well as private families , consists in comparison . a gentleman in the countrey may be accounted rich , if he be much richer than other gentlemen , his neighbours , tho but of moderate estate . so england may be said to be rich or strong , as our strength or riches bears a proportion with our neighbour nations , french , dutch , &c. and consequently whatever weakens or depopulates them , enricheth and strengtheneth england . and most certain it is , that no foreign trade doth so work upon the manufactures of our neighbour nations , as this trade of the east-indies ; for the staple countreys for silks and fine linnen , are italy , france , holland , flanders , &c. insomuch , as it is reasonably computed , those countreys , by the importation of east-india silks and callicoes ; not only into england , but from england into their own countreys , are abated in those fine manufactures above a million of pounds sterling per annum . . and which is a consideration of great weight , and may be of immense advantage to the strength , populousness and riches of this nation in a few years . england hath already the principal trade of woollen manufactures , and now a quicker vent and export for them than ever it had in the memory of any man living . but throughout christendom i have ever been of opinion that generally speaking , there are more men and women imployed in silk manufactures than in woollen : of which likewise england hath obtained a considerable part , considering the short time since our silk broad weaving began ; which was but since mr. burlimach brought in silk-diers and throwsters , towards the end of the late king james , or beginning of king charles the first 's regn. and i am credibly informed the number of families already imployed therein in england , doth amount to above . now what should hinder , but that in a few years more , this nation may treble that number in such manufactures ; since the east-india company have of late years found out a way of bringing raw silk of all sorts into this kingdom , cheaper than it can be afforded in turkey , france , spair , italy , or any other place where it is made . insomuch , as with east-india silks , we serve holland , flanders , and some other markets from england . . this trade pays his majesty about l. per annum custom ; aad carries out of this kingdom yearly , about or l. in lead , tin , cloth , stuffs ; and other commodities , of the production and manufacture of england : which is not so considerable , with respect to the quantity , as in this , that what we send to the east-indies of our own manufactures , would not be sent at all , if the english nation were deprived of this trade ; because neither dutch nor french would enure the east-indians to our english manufactures : of which we have clear instance in the dutch trade to japan ; where they industriously avoid introducing our english cloth. which countrey being exceeding large , rich and populous , and lying in such a northern latitude , might vent as much of our english manufactures , as spain and portugal , if we could gain a footing into that trade : in the endeavour whereof the company have already lost above fifty thousand pounds sterling . . tho the company have lost so much in the attempt of the trade with japan , they have lately got an entrance into the trade of couchin-china and china : and have , for a few years past , settled factories in three ports thereof , viz. tywan , tonqueen and amoy , to their great charge and expence , without reaping any profit thereby to this time , but a certain and constant loss , which they did and do continue notwithstanding , out of a zeal they have to promote the consumption of our woollen manufactures , in a climate not altogether so hot as most parts of india are . which probably may in some time turn to the publick advantage of this kingdom , when those raging and bloody wars are ended between the chineses and tartars . ii. that the clamors , aspersions , and objections made against the present east-india company , are sinister , selfish , or groundless . before i engage into the discourse of objections against the present east-india company , i shall not stick to declare ( though it be against the sense of most of the now adventurers ) that in my judgment i am for a new stock , provided we can come honestly by it , that is , without injustice to the now adventurers ( who will be found to have deserved worthily of their countrey , when their actions and themselves shall come to be impartially considered ) and without detriment to the kingdom in general . which notwithstanding is a matter of great difficulty ; it being in trade , as with trees ; great care is to be taken in removing an old one , least upon the removal it die , or at least suffer a shrewd stunt . yet if the wisdom of our nation in that august assembly of parliament , now convened , shall incline to any a teration of the present constitution , i think this time may be as opportune as any . st . because our neighbours are not now at leasure ( the french being very low in india and the dutch not altogether so rampant as formerly ) to make their advantage of our unsettlement , during the transition from one stock to another . ly . because the profits of the east-india trade were never so much cried up as now they are : so that , i hope , the subscriptions may prove the larger to the ensuing stock . and yet i must desire to be excused , if i think those that complain most of the old , will not be found the forwardest subscribers to a new stock . ly . because when we tell gentlemen or others , they may buy stock , and come into the company when they please : they presently reply , they know that , but then they must pay l. for l. and when we say the intrinsic value is worth so much ; which is as true as and makes , yet it is not so soon demonstrated to their apprehensions , notwithstanding it is no hard task to make out , that the quick stock of the english east-india company is at this time more than the dutch quick stock proportionable to their respective first subscriptions ; and yet their actions now are currant at l. or l. per cent. in truth , i that have reason to inspect and know as much of it as any man , had rather buy in this stock , now it is , at l. for l. then come into any new stock at even money . therefore , for general satisfaction , i could wish the experiment of a new subscription were tried . ly . if a new stock were now establish'd , to please the generality of the kingdom , i should not despair but that such new stock would have a parliamentary sanction ; which this only wants , to be as strong in its foundation , as it is in all other nations ; and which being obtained , i am persuaded would in less than an age , render his majesty as indubitably sovereign of the ocean , as he is now of great britain , and ireland , and the seas adjacent . ly . if an english company were settled upon such a foundation , there would be more encouragement to maintain and defend some trades by arms , which cannot otherwise be enjoyed or secured : which no company built upon an uncertain basis , can be supposed to adventure the charge or hazard of ; while they are not sure to enjoy their acquests in case of success . but to return to my theme , and muster up all the objections i can remember to have heard against the present company . object . . the first that comes to my mind , is that of some of the turkey merchants : they say , the bringing in of so much silk and so cheap , is a publick nusance , and destroys their trade , which depends wholly upon the exportation of woollen manufacture , whereas the east-india company send out little manufacture and much bullion , &c. answ. . lanswer , first , that it 's strange doctrine to any sort of men skill'd in the political part of trade , that the making of a material cheap , that is to be manufactured at home , or exported again into foreign countreys , should be to the publick damage of any countrey . . that the turkey merchants do ship out much cloth , i deny not ; but as true it is , that they have shipt out more yearly since the great encrease of the east-india trade , and since themselves have made this complaint , than they did in former years . so that in fact it doth not follow that the encrease of the east-india trade , and particularly of their importation of silk , doth hinder or diminish the exportation of cloth to turkey , but rather the contrary . . the question is not now , which company sends out most woollen manufactures , but which is the most profitable trade to the nation : which i hope , i have proved the east-india trade to be ; especially if the before-mentioned consideration be taken in , that what english commodities the east-india company exports , would not be exported at all , if the english had no trade thither : because other nations that trade thither are under joynt-stocks , and political councils , and consequently would send none of our manufactures . but as long as there is a market for our english cloth in turkey , if the english did not send it thither , the dutch would ; because in holland there is no turkey company ; but any man , native or foreigner may send what commodities , and when they please , for turkey , except they be staied for convoy by some act of state. and where all men have liberty to trade at discretion , they will naturally deal in those commodities they can get most by , be they foreign or domestick . . if bullion be exported , and that hinder not the exportation of our english manufactures , as in fact doth appear : and if for every s. value sent out , s. be brought in bullion at the long run , which is most evident in the course of the east-india trade ; who can doubt but the exportation of bullion in such a trade , is a real and great advantage to the kingdom . . besides their cloth , the turkey merchants do send out a great deal of bullion themselves ; as appears by their entries at the custom-house : in which they do well for themselves and their countrey , but not well in complaining of others at the same time , for the same thing . . the truth of the case at bottom is but this , the importation of better and cheaper raw silk from india , may probably touch some turkey merchants profit at present , though it doth benefit the kingdom , and not hinder the exportation of cloth. what then ? must one trade be interrupted because it works upon another ? at that rate there would be nothing but confusion in a nation ad infinitum . the italian merchants may quarrel the portugal merchants , because they do now in a plentiful year import from portugal pipes of oyl per annum ; as formerly they did not use to import above pipes annually . the shoemakers pull down the coblers ; those that make red herrings destroy those that dry sprats , because quantities of the latter pull down the price of the former . of the same kind was the late project of the inn-keepers to pull down the haokney coaches ; and so might peradventure with much more probability of truth , the portugal merchants pretend that our plantation sugars spoil their trade , and hinder the exportation of our woollen manufactures to portugal . of which in reality the first part only is true . our plantation sugars have brought down their lisbon sugars from l. s. per cent. to l. s. per cent. within my memory : and yet the exportation of woollen manufactures to portugal , is now greater than ever it was since england was a trading nation . just as it is and will prove in the turkey trade ; the similie holds , and will hold thorowout . . if those turkey merchants think the east-india trade so good , why do they not come into it themselves . the door is open always to them and all the kings subjects , buying and selling there is daily ; and some noblemen , gentlemen , and others of quality and place , have lately bought stock , and the east-india company have taken nothing for their freedom . the most they can take is l. but if any east-india merchants desire to trade for turkey , they must answer several hard questions before they can be let in . . how old are you ? . are you a freeman of london ? . are you no shopkeeper , or a legitimate merchant ? when you have answered all these questions to their content , if you are above years of age , there 's l. to pay before you can trade ; which is a great deal of money to part with , before one knows whether he shall get or lose by the bargain . obj. . they say there is not above legitimate merchants in the east-india company . answ. first , i answer , first , by legitimate merchants , i suppose they mean such as have served apprenticeships to merchants , in the number whereof i believe they reckon short above half . . that it matters not two straws to the kingdom , whether they be legitimate in their sense , or illegitimate . in the whole they are now five hundred fifty and six which is more by a great many than the turkey merchants , and more by above half then they would be , if the trade were not managed in a joynt stock . object . they say the company have half the known world in their charter , and that 's too much for any company , &c. answ. i answer first , this company have no more in their charter , than all the east-india companies in christendom have in their charters : and from thence infer , that either so much as is in the charter ought to be for publick utility ; or elle all christendom , except those few gentlemen that complain , are mistaken in their politicks . . tho the charter run in the stile of , the merchants of london trading to the east-indies ; yet in truth the company is a company of all , or so many of the kings subjects , as did desire to be concerned in that trade , or yet do ; they buying the stock of any dead person , or other that is willing to sell. object . . but it s dear buying at l. per cent. answ . it 's less than the intrinsique value , if the stock were now to be broke up , if i can calculate aright . . if it be too dear , i know not but any man may be as justly compelled to sell his house or land at the buyers price , or else be disseized of it , as his stock in the east-india company . object . . they say the charter hath exorbitant and illegal clauses in it . answ . i believe no charter in europe hath less of that kind . . it 's absolutely necessary for the publick good , that who-ever governs a trade so remote from england , and by such a multitude of hands as the company are forced to imploy , should have some extraordinary power committed to them . . whatever is in the charter , i never knew or heard of any arbitrary act that ever the company did ; nor any ships or goods that ever they seized by vertue of their charter , tho they have had cause often . object . . they say the company hath imposed and exacted great fines , mulcts and forfeitures , to an immense value . answ. i never knew them take any fine or forfeiture , but what any man might do in the same case , without a charter : what they do take in any case , being either by submission of the party , by agreement with the master and owners in charterparty , or by arbitrations ; and always in pursuance of legal obligations , sealed and delivered . the manner whereof is briefly this : they agree with all their factors and servants , and also with masters of ships , before they entertain them into their service , that they shall not carry or bring home prohibited goods ; and if they do , they shall subduct out of their freight a certain rate for each piece or sort of prohibited commodities : which they do accordingly subduct out of the freight ; which in effect is from themselves : for most of the owners of the ships , imployed by the company , are east-india adventures : which i know by experience , being a part-owner my self of a considerable number of ships , employed by them . and yet , to do the company right , i must acknowledge that the ships imployed by them ( such deductions notwithstanding ) make better voyages and gain more mone●jeor their owners , than any ships whatsoever , that sail out of england : and the commanders and officers of such ships , generally grow much richer in a short time , than any others , of any trade or nation whatsoever . and so indulgent are the company to common seamen , that they allow every man or boy that will , in their several ships , to bring pieces free of stated damage , erroneously called mulct . and if any seaman happen to bring or pieces , the committees entrusted with that affair , commonly stretch that order to the allowing the seaman pieces for himself , pieces for his wife , and pieces for his child , if he have any ; and if he have none , they usually ask the party whether he have not a father , mother , or other relation : so that they invent ways to favour him , above the companies rule afore-said , of only pieces to one person . to encourage likewise the importation of gold from china , from whence small quantities do come every year , and very great quantities will come in a few years ; the company do not only permit the entrance of it free of stated damage , but give the fraight of it gratis . the company do likewise allow to all their commanders , president , agents , factors and servants , all kind of trade in india , from and to any port or place within the limits of their charter , except to and from europe : whereas on the contrary the dutch , tho they are a people known to be as tenacious and as obstinate defenders of their liberty , as any people in europe , do restrain all those that serve them in india , from all the most profitable trades from place to place , within the limits of their charter ; and indulge no kind of private or permissive trade whatsoever , to or from europe . now let any indifferent man judge , besides that whatever the company doth in the case of stated damages , every private man may do , that can freight a whole ship by himself and partners ; whether it be not highly reasonable , that seeing the company are at above l. yearly charge in east-india and england , that whoever participates of that trade , should proportionably contribute to the expences that necessarily attend the preservation of it . object . . they say , besides raw silk , the company imports wrought silk , to the prejudice of the silk manufacture in england . answ. . this objection lies as much and more against all other wrought silks , imported into england from italy , holland , or any other part of the world. . the silks , which the company commonly bring in , are , the main part of them taffaties , and other plain or striped silks and pelongs , such as are not usually made in england , but imported from france , italy , and holland ; where lately , when pelongs were scarce , many were made and imitated at harlem , and from thence imported into england . so this importation works upon our neighbours , preserves the ballance of our trade ; and consequently encreaseth the capital of our nation . . and which is beyond all contradiction , as will appear by the entries at the custom-house , a great part of the wrought silks , imported by the east-india company , are again shipt out to france , holland , and other foreign parts ; which is a great and growing advantage to the king , and kingdom in general : to the king , because for all foreign goods re-exported , his majesty hath in consequence , the half custom paid him by strangers , without taking a penny out of his subjects purses : and to the kingdom , by preserving and meliorating the ballance of our trade , as aforesaid : besides the gain of freight , portage , wharfage , ware-house-room ; and all other petty charges : amongst which may be reckoned the advantage accrewing by the expence of such foreigners , while they stay here , as the companies sales do necessarily draw over hither . object . . some clothiers complain that the east-india company hinders the vent of cloth. answ. . this indeed is a fine practice , and deserves a thorow inspection . . who they are that complained . . when and how they began to complain . . why they complain . . for the time when ; it was in the year , or , as i remember : then they had the confidence to tell the parliament , the company would spoil the trade of cloth ; and bring the price of wooll to nothing . but in fact , the company hath now stood five or six years since that time , and much augmented their trade for india , but wooll is advanced in price above per cent : and such a trade there is and hath been for woollen manufactures , as england never see in any former age. . who they were that complained ; not the poor kentish clothiers , that have lost their trade ; nor the suffolk men , that have lost their manufacture of blew cloth ; but the worcestershire , glocestershire and somersetshire men , that do now make and vend above twenty times the quantity of cloth , which they did before this company was erected . . how they began to complain ; which , as i have been informed , was thus : their first petition was drawn only against the turkey company , for making but one cloth shipping in a year : but entertaining a certain council ( since famous for other matters ) he told them , for some reasons best known to himself , they should draw their petition against the east-india company likewise ; which accordingly they did : but whether they were dutch or english that paid the best fees , that i could never discover . . why they complained . that i believe few of them understood : it could not be because their trade sunk ; for that was manifestly and wonderfully increased . it could not be because the east-india company , as a company , sent out less cloth than was sent for india in the open trade : for the entries at custom-house will evidence , that the company , since their last incorporation , have sent out in some one year , above ten times as much cloth , as was ever sent out in the time of open trade . but why then did they complain ? really i cannot tell ; but peradventure their council aforesaid , or some turkey merchants , their customers , might inform them , that if the trade of india were open , there would be a new world for cloth , that would vent as much as the old world. and if they had any dutch or french customers , no question they would not be backward to encourage so good a work . object . . they complain that the present stock is ingrossed into a few hands ; some single adventurers having or l. principal stock in their own names . an. . if this be true , the complaint of it would sound better out of the mouth of an old leveller , than a merchants , living under a free and royal monarchy . and yet to give the maddest of men their due , neither the late english levellers , nor their elder brethren , the tribunes of the people of rome ; nor yet the more ancient lacedemonians or other greeks ; none of them had ever that excess of indiseretion , as to pretend to stint , much less to level personal estates : which if they could be made even at noon , would be unequal before night . . if there were any thing in this objection , certainly the dutch , being a republick , would have found a remedy for it before this time : whereas on the contrary they think whoever adventures most in their joynt stocks , doth most oblige the common-wealth , tho he be a stranger ; insomuch as one swasso a jew , now or late living in amsterdam , i am informed hath had at one time in their east-india stock above the value of l. sterling . . the more any adventurer hath in the stock , the more he is engaged to study and promote the good of it , by all possible means within his power . an adventurer that hath the smallest interest , may be as just and true to the stock , as he that hath the greatest : but i can never believe that a small interest will awaken a man so often in the night , nor keep him so long from sleeping , in the meditation of any business ; as a very great and principal concern may do . . notwithstanding the largeness of any of the adventurers stocks , there are yet five hundred fifty six adventurers : which is a greater number than are to be found in any trade , that hath not a joynt stock . object . . there are many other ports and places within the limits of the companies charter , where english commodities would vend , which the company do not trade unto . answ. . i believe there can never be any society that will more industriously expatiate and enlarge the trade of this kingdom in those parts of the world , than this hath done , by all peaceable means . i am sure l. will not excuse them for the losses they have sustained in such attempts . many factories they haue settled , and after a vast loss have been forced to with-draw them . tywan , tonqueen , siam , and amoy , before-mentioned , they settled within these six or seven years past ; and lost a year or two before , l. in their attempt of a settlement at japan . . as there be many ports in england , but a foreigner that trades to and from london , may if he will , participate of all the english trade , without having particular factories in the out-ports : so in east-india , a factory at suratt , will share in all the trades of the red sea , as well as moca , and other parts within the correspondency of that presidency . the same may be said of bantam , and many other places , as well as suratt . . in very many places of india , where the company do prudently avoid settling english factories ; they do notwithstanding carry on a trade and correspondency by bannians , vakeels and other natives . by which means they avoid the charge of presents to governours , and that ostentatious expensive way , which the companies factors are necessitated to appear in , in all places where they settle , according to the mode of that countrey , and for the honour of the english nation , and the east-india company . object . . it is said , if the company were not in a joynt stock , many more ships might be imployed in india , from one port to another in trading voyages . answ. . the company want neither stock nor skill , or will , to imploy as many ships as they can gain by : and have almost doubled the quantity of their stock and tunnage within these ten years , and are like yearly to increase , to the nations greater advantage ; if they be not interrupted . . the company have now ships and vessels trading in the east-indies , from port to port , besides great ships sent out last year , hereafter particularly mentioned ; which are abundantly enough to answer all the companies occasions of that kind ; the rather , because the company do generously allow , not only to their president , agents , factors , and merchants , but to all the english nation living in any places within their charter ; being the king of englands subjects ( of which there are many hundred of families ) free liberty of trade , to and from all ports and places in india ; and in any commodities whatsoever without exception . by which means many scores of small ships and vessels are imployed in those trades ; and the trade fully supplied . by this means our native commodities are dispersed ; and all india goods collected from the several less considerable ports of india , do at length center in the principal ports ; where the company have factories , forts , cities and garisons : and from thence do come for europe , in the companies returned ships . and if this be not directly after the dutch mode , i am apt to think , in a few years more , if the company be not interrupted , it will be found to be a better . and i have been told , their late ancient , learned , and experienced general of batavia , matsuker , did before his death , write to the committees of the dutch east-india company , to this or the like purpose : obj. . since the east-india company was incorporated , coinage hath abated in england . answ. this is a meer groundless chimaera , and will appear so , if the old mint-master as well as the new ones , be examined . the proportion of coinage ( except when we coined the king of spains money for his wars in flanders ) having generally in my observation , born a proportion to , and followed the price of corn in england ; viz. when corn was dear , we had little coinage ; in all cheap years of corn , the mint hath been greatly supplied . i can remember no more objections against the east-india company or trade , and therefore must proceed to the next particular , viz. iii. that since the discovery of the east-indies , the dominion of the sea depends much upon the wain or increase of that trade ; and consequently the security of the liberty , property , and protestant religion of this kingdom . the first part of this proposition is meerly historical ; and so well known to all that look beyond the present age we live in , that the proof of it will require little pains . while the spaniards had portugal , and with it the trade of india , they were able to invade england with a navy , by them called invincible : and so it was , as to mans understanding , if the strength of it be barely considered ; but their skill was not good , nor their ships of a fabrick fit for our seas : their cause was naught , and the providence of almighty god blasted them . the dutch , since the portugals sunk in the east-india trade , have grown so potent in and by the trade of the indies , that they have in three great and bloody wars , contended with us for the dominion of the sea ; and yet secretly do not allow us the predominancy . tho they are not now at leisure to try the fourth war for it , yet if through the folly or madness of a few unthinking or self-interested men , we should deprive our selves of the trade of the east-indies ( which god in mercy to england forbid ) we should certainly save them the experiment of fighting with us the fourth time . they would carry the dominion of the sea clear , and hold it for ever ; or until their common-wealth should be destroyed by land force , or intestine broils . if any man shall say , why then ? are the east-india ships of such a mighty auxiliary force , that without their aid we cannot over-ballance the dutch in naval power ? i answer , those ships , and the men in them , are of very great force ; as will hereafter appear . but he that looks no further than into the bare force of the ships and men now employed by the company , doth not see the tenth part of the way into this great business : for if we should throw off the east-india trade , the dutch would soon treble their strength and power in india , and quickly subdue all other european nations in that trade ; as they lately did the french , notwithstanding their great strength at home ; and have since , i hear , quarrelled the danes . by means whereof they would become sole masters of all those rich and necessary commodities of the east ; and make the european world pay five times more for them , than now they do ; as they have already done by cloves , mace , cinnamon , and nutmegs . which would so vastly encrease their riches , as to render them irresistible . all wars at sea , and in some sense land-wars , since the artillery used , is become so chargeable , being in effect but dropping of doits ; that nation that can spend most and hold out longest , will carry the victory at last , with indifferent counsels . if it be said , where shall they have men ? i answer , if they have trade and money enough , they cannot want men. seamen are inhabitants of the universe ; and where ever they are bred , will resort to the best pay , and most constant employment ; especially in a countrey where they cannot be prest or compelled into any service against their wills. but it must be further considered , that all other foreign trade in europe , doth greatly depend upon east-india commodities ; and if we lose the importation of them into europe , we shall soon abate in all our other foreign trade and navigation : and the dutch will more than proportionably increase theirs . the proportion of our decay and their increase , in such a case , would indeed be exactly the same ; but that the excess of price which they would make the european world pay for east-india commodities more than now they do , would cause a disproportionable and greater increase of their riches . the augmentation whereof would further enable them to overballance us and all others , in trade , as well as in naval strength . if it shall be said , admit all that is writ upon this head to be probable , is not the consequence ( viz. the security of the liberty , property , and protestant religion of this kingdom ) far fetcht , and brought in as popular phrases , to gain and please a party , as the clothiers and artificers petition was formerly on the other side . i answer , i cannot hinder men from thinking their own way : but god almighty , that knows my heart , knows that i scorn to use any such sacred terms to or for any such sinister or selfish respect , or to please any sort of men living . all that i have or shall write in this treatise , is what i do really and stedfastly believe , upon very long and serious meditation , and many years conference with almost all sorts of men , english and strangers : and if notwithstanding i do err in some things ( as humanum est ) it is for want of better understanding . but to return to the matter , can any man that looks abroad into the world , doubt of the truth of that observation , viz. that trade never thrives in any countrey that is not protestant ; though not in all that are so ; for reasons which i could offer , but that they are not necessary here . is it not obvious to every man's understanding , that since queen elizabeth's time , our customs are encreased from l. per annum , to above l. per annum ? is it not evident that the people of the united netherlands , since their being protestant , are increased more in trade and wealth in years , than the ancient and fortunate romans did in years after the foundation of their flourishing commonwealth ? have not the french , since they were but partie par paile , part protestants and part papists , increased more in trade and shipping in years , then they did in years before ? i once discoursed a popish lord , soon after his majestie 's happy restauration , who is since dead , who told me it was never well in england , nor would be , while we kept such a stir about promoting of trade . i confess i liked his lordship the worse for that expression , but i thought the better of his parts . a naval power never affrights us ; seamen never did nor ever will destroy the liberty of their own countrey : they naturally hate slavery , because they see so much of the misery of it in other countreys . all tyrannies in the world are supported by land-armies : no absolute princes have great navies , or great trades : very few of them , though they have large territories , can match that little town of hamburgh in shipping . the kingdom of france is powerful and populous , and is arrived to the height of military vertue ; by which they are become formidable to us , as well as to our neighbours . who do we fear may destroy our liberty , property and religion ? ( which three are one in substance ) but the papists and the french ; which likewise are two names for one thing ; and so we should have found it , if god almighty had not disappointed them . now under god's providence , what can best secure us from them but our naval strength , and what doth especially increase and support that , but our east-india trade : which i think i have sufficiently proved to the conviction of every impartial and unbiassed englishman : and if so , the consequence in this proposition is most natural and irrefragable . but if notwithstanding it shall be replied upon me , that in the former part of the discourse on this inference , i say , that trade thrives in protestant countries ; therefore the protestant religion is the cause of our so great increase in trade and navigation , and not the trade of the east-indies . i answer , first , that the great increase of trade , is not a constant and infallible consequence of the protestant religion ; because it proves not so in all protestant countreys : but whatever nation increaseth in the east-india trade , never fails proportionably to increase in other foreign trade and navigation . secondly , admit that our reformation to the protestant religion , were one principal cause at first of our advance in trade and navigation ; yet now it is manifest , that the increase of our trade and navigation , is a great means , under god , to secure and preserve our protestant religion : foreign trade produceth riches , riches power , power preserves our trade and religion ; they mutually work one upon and for the preservation of each other : as was well said by the late learned lord bacon , though in a different case , in his history of henry the th , that that kings fortune work'd upon his nature , and his nature upon his fortune . iv. that the trade of the east-indies cannot be carried on to national advantage by a regulated company , or in any other way than by a joynt stock . before i ingage in this argument , it will be necessary to explain , what 's the constitution of a regulated trade , such as the turkey company , and other like companies of merchants of london are . ly . what a company united in a joynt-stock is . to begin with the first , a regulated company is hard to define , and harder to resemble . it s the confinement of a trade to a certain number of the people , exclusive to above parts of ; with power in the major part to hinder the lesser , from shipping out any goods , but when the greater number think fit ; and to levy a tax upon the trade at the discretion of the greater number of votes . in brief , it is a heteroclite , unto which ( out of england ) there is nothing now in the world like , in any other kingdom or commonwealth whatsoever , that ever i could read or hear of : all those trades that are regulated and confined to certain persons in england , being open and free to all people , in all other kingdoms and states . their courts are perfect democracies ; where one that trades but for l. per annum , hath as good a vote as another that trades for l. per annum . in those courts they appoint the time of shipping , choose their embassador and two consuls ; settle a tax , which they call leviations , upon the trade . and although i have a profound veneration for all things then settled in church and state , and for those wise and worthy councellors that assisted queen elizabeth in those infant times of our reformation and trade ; and am apt to think , when those constitutions were made , they were useful and proper to that time : yet i must acknowledge that in my opinion , if all those trades that are regulated , that is , confined to certain persons only ▪ were free and open to all the king's subjects , as they are in holland and all other places , it would be infinitely more for the general good of the kingdom . neither do i see any reason why the trades of turkey , hamburgh , east-land , russia , and greenland , which in england are limited or regulated , as they call it , should need such limitation , or regulation , more in england than they do in other parts of the world ; or more than other trades to italy , france , spain , or any other part of the world. and if something might be alledged for a regulation , what can be said why it is not for the publick utility , that all the king's subjects might trade to any countrey if they please ; whether they be noblemen , gentlemen , men of the gown , shop-keepers , or whatever they be : the more the better for the common good. to enforce which , much more might be said ; but that 's not my business now . a company in joynt-stock are a corporation by charter ( and if it were by act of parliament , it would be much better for the kingdom in general , as hath been said ) into which stock all the king's subjects , of what condition soever , have at the foundation of it , liberty to adventure what sum of money they please . the stock and trade is managed by a select council , or committee , consisting of a governor , deputy , and committees , chosen annually by the generality ; in which every adventurer doth not vote a like , but proportionably to his stock , viz. every l. original stock , hath one vote ; l. paid in , hath two votes , &c. after the first stock is settled , no man can come in but by purchase ; which every englishman hath an equal liberty to do ; and for which he pays nothing if he be a freeman : if unfree , never above l. in england the company hath , by reason of our late civil wars and confusions , been interrupted several times , and there have been new subscriptions : but in holland , since the first settlement thereof , in anno , there has been no interruption or breaking up of the stock , or new subscription ; and such continuance is certainly best for the publick . having described the nature of these two sorts of companies of merchants , i shall now descend to the proof of the proposition , viz. that a united stock is absolutely necessary to the carrying on the east-india trade to national advantage . arg. . my first argument i shall draw from the practice and experience of all other nations . certainly all the world are not weak in their intellects whatever those gentlemen think that complain of the east-india company . if any shall tell me , this argument will not hold universally ; for the portugals have a trade for east-india , and yet have no joynt-stock . i answer , under those gentlemens favour , i know there is a joynt-stock for this trade in portugal ; or else there could have been no trade worth speaking of . but true it is , that joynt-stock in portugal , is the king's exchequer , who reserves pepper , diamonds , silk , callicoes , and all other considerable india commodities to himself ; and leaves only some few toys and trivial commodities to his subjects : and yet for want of a more perfect national constitution , we have seen how the portugal trade in india , notwithstanding the great roots it had drawn in a long uninterrupted course of time , dwindled to nothing , when it came to be confronted and out-done , by the more national and better constituted joynt stocks of england and holland . the french nation peradventure , were never governed by wiser counsels for their own good , than under the present king. they were some years past , zealously set upon the east-india trade ; and i am assured , spared for neither pains nor cost , to arrive at the best method ; but gave immense rewards to any that could give them any rational light or information , to lay such a foundation of trade , as might be proper for those eastern countreys . see what , how , and why they did resolve at last by the printed translation of the french treatise , relating to that settlement ; which will save me the labour of inlarging upon this argument . arg. . the english east-india company , have now ( as every body knows ) their money at per cent. interest . every english man that trades in an open or regulated trade , must value his own money at per cent. at least ( or pay so much if he takes up money ) because he can gain so much by it sleeping or playing : those that work , or run hazards , hope to do better . now if the company , with their united stock and counsels , and money at per cent ; have much a do to hold up against the subtil dutch ; what shall poor private merchants , of divided , various , and contrary interests , do with their little separate stocks at per cent. per anuum . arg. . suppose the trade of india might be carried on in an open or regulated way , if other nations did so ( which is never to be granted ) yet in regard that all other european nations , do at this time trade there in joynt stocks ; is it not as great madness to enter raw and private persons , against such compacted and united constitutious of experienced councellors , as to fight a disordered undisciplined multitude , against a well governed veteran army , supported with an inexhaustible treasure ; or , as it is to imagine , as some men fondly do , that we can maintain and defend our protestant religion against the church of rome , without a national church in england . arg. . if the company should be destroyed , and the trade left open , the companies priviledges and immunities in east-india would be lost ; which have cost this company , as well as their predecessors , vast sums of money to maintain and retrieve , after they were almost ruined in the late three years open trade . if i am asked what those priviledges and immunities are ? they are so many and so great , as is scarce credible to any not acquainted with the trade of india . for publick satisfaction , i shall mention some few of them ; all would burden me to write , as well as the reader . we have the liberty of coining money for our selves , and all other nations ; which passeth currant in all the king of gulconda's countreys . we are custom-free in almost all places , and in some , where the dutch and all other nations pay a constant custom : particularly in all places of the bay of bengall , and up the great river of ganges . at fort st. george and bombay , we have a right , and do impose a custom upon the natives , and all other nations . in the empire of persia we are custom-free , and have yearly from the emperor tomans , which is above l. per annum , in lieu of the half custom of his own people , and all other nations that trade thither . of right it should be the full half customs of that port , which is more in value ; and we should have an officer in his custom-house to receive our half part ; but we rather content our selves with the tomans aforesaid , than fight with him again for a right , which we are uncertain how long we may enjoy , by reason of groundless clamours against the company at home . at bantam we are at the set rate of dollars per annum , for all our customs , tho we increase our trade never so much . in most places in india , we are in effect our own law-makers , and can arrest and imprison any natives that deal with us , or owe us money ; and can inflict corporal punishments upon them ( without controul of any of the native or moor governours ) till they pay or do us right , if our people there see cause for it . all our black servants there , which are very numerous , and all others imployed by us , or trading with us , are free and exempted from the jurisdiction of the native and other governours . we are in all places free in our persons and goods , and all imployed or priviledged by us , from all inland customs and duties , in the towns and provinces we pass or bring our goods thorow : which are very great in those countreys , and paid by the natives . arg. . my fifth argument is drawn from the great losses , damages , and depredations , that this nation sustained in that short time of three years open trade , which are sufficiently known , besides the loss of priviledges , increase of presents to governours , lowering our english commodities , and advancing the indian commodities to such an odious excess , that at length the very private traders themselves , were the forwardest petitioners for a return to a joynt stock ; of the truth of which , there be many yet alive that can attest . arg. . this i draw from the nature of the eastern governments . there are above kings and raja's , which are gentu princes , but governing with absolute power in their own dominions ; and as many ports and places of trade : whereas in turkey there are but two or three principal places of trade and one prince ; with whom his majesty by his ambassador may conveniently have his subjects there vindicated and righted , if there were no company ; as the french king , the venetians , and the dutch do . whereas in india there would be need of forty embassadors ; and all must have instructions , and carry large presents . the companies agents , &c. in india , do many times find cause to send embassies , instructions , and splendid trains of attendance and presents , before the committee in england know of it . arg. . this is drawn from the distance of the places . letters do pass freely to and from turkey in a short time : and in case of injuries done the english , his majesties men of war may soon go down from tangier to revenge them . but india is at a far greater distance : no certain return of a letter to be had once in twelve moneths : and the princes and ports there , are at a wider distance one from another , than it is from england to turkey ; and much more difficult to maintain a correspondence by letters in india from port to port ; by reason of the set monsons or trade-winds , that blow six moneths together one way . arg. . where-ever the english or any europeans settle a factory in india , they must presently build them large houses , ware-houses , &c. take many servants , and maintain the appearance and splendour of a petty court : and in many places where the company have not fixt garrisons , they are forced to fortifie their houses , or else they will be despised and trampled upon by the natives . if it be said , this may be done by a regulated company . i answer , first , how shall they raise a stock to buy those the company have already ; with their lands , islands , towns , garrisons , guns and ammunition : which i am sure ( their priviledges being put in likewise ) have cost the company above l ? next , how shall they maintain and defend them ? by leviations upon goods . what ? before there are any goods to taxe . no , they shall raise a joynt stock , to make the first purchase ; and after , take only a taxe upon goods to maintain them . these are absurd , incongruous , and impracticable notions ; for in a time of war and danger , men will forbear trading ; as hath been ingeniously observed by the author of the printed letter : so that there will be no goods to taxe , when there is most need of money . whereas the governours or committees , have always in their hands a real fond of above a million of money ; and can borrow so much more in india in a few days , if they want it , their credit there , being as currant as ready gold : having never been so much as stained . i shall say no more upon this argument , in regard the printed letter , afore-said , hath so copiously and convincingly cleared this point , beyond all contradiction , that i have no room left me to enlarge ; but have reason to beg the authors pardon , for what , in this , i have borrowed of him . arg. . the east-india company of england , holland , and all european nations that trade to india , have power , by their charters , to make war upon any nation in india , at their discretion ; but not upon any european nation , without his majesties consent . this power they must and ought to have for the well carrying on of their trades . this power the english company have sometimes , but not often exercised : but if it were not known in india , that they have such a power , they should be continually affronted and abused by the natives . now who shall this power be delegated unto , in a regulated company ? to all english men , or to a single embassador , or to many embassadors and consuls ? v. that the east-india trade is more profitable and necessary to the kingdom of england , than to any other kingdom or nation in europe . first , this is so as we are an island , and have our principal security , as well as the increase of our riches from our trade and strength at sea. secondly , and which i take to be a main consideration , the trade of india is to england not only a great , but an unmixt advantage : whereas to all our neighbours , though the trade of the east-indies be a great advantage , and accordingly courted and coveted by them ; yet they cannot have it without some mixture of loss in other respects ; because some of them have the growth and production of silk among themselves , as italy and france . they have likewise the sole manufacture of plain silks , such as taffateis , sarcenets , &c. which are brought from india cheaper than they can make them at home . whereas in england , our silk manufacture consists not in those plain silks , but in flowred silks and fancies , changed still as often as the fashion alters . holland , flanders , ( and france , in some measure ) have their principal manuctures in fine linnens , cambricks , lawns and hollands ; which only callicoe works upon , to the putting them very much out of request , in their own countreys and and all other parts of christendom . whereas the linnen we make in england is of the strong course sorts , generally used by the meaner people ; which callicoe doth not prejudice to any sensible degree . neither is the linnen manufacture in england a matter worth taking notice of ( whatever a few gentlemens opinion is ) but in holland , flanders , france , and some parts of germany , it is their main concern ; being the subsistence of the majority of their people , as the woollen manufacture is in england . thirdly , the dutch have a standing contract with the king of persia for all his silk ; which may amount to bales yearly . now in regard bengall silk in the east-indies , can be brought to europe cheaper than persia silk : the dutch by bringing silk from bengall , must of necessity in some kind prejudice that contract in the price of silk ; though it be the dutch companies own contract , as well as the turkey merchants . whereas we having no such contract in persia , do not work upon our selves , as they must of necessity : and yet they are wiser than to slight the trade of bengall for that cause . this argument concerning the dutch contract in persia , is so fully confirmed by the companies advices lately received from persia , that the dutch there did lately desire to be excused from receiving their quota of silk , which is bales yearly , upon pretence of their want of money to pay for it ; which notwithstanding was forced on them by sheeke ally cawne , the emperor's governor there . if it be here askt me , why the english east-india company , seeing persia is within their charter , are not as wise as the dutch , to make a contract likewise with the king of persia ? i answer , the dutch got the start of us in that long before this company was constituted ; and we cannot possibly retrieve it yet : the persians being a people most difficult to remove from any thing they have once determined . if it be here further retorted upon me , that by my own confession , the importation of silk from india , doth prejudice the english turkey merchants in the price of their silk here . i grant it : but what is that to england in general ? it 's the interest of england that we should have silk here ( being a material to be manufactured ) cheaper than in any other part of europe , where it grows : and so we shall infallibly , if the company stand . but at the same time , i do expresly deny that the making of silk cheap in england , doth hinder the exportation of our woollen manufacture to turkey : the contrary being as evident as the sun at noon-day , to any man that has not the mist of private gain or loss hanging before his eyes ; as before is demonstrated in those two pregnant , experienced , unanswerable instances , viz. that as the price of portugal sugars hath abated ( in which formerly almost all our returns from that countrey were made ) we have increased exceedingly in the exportation of woollen manufactures to that countrey ; and even in the trade of turkey it self for many years : and to this very time , as the price of turkey silk hath abated , the exportation of our woollen manufacture hath increased : and so it will still , though silk should come to half the price it bears now in england . upon the proof whereof , by time , i dare hazard all that little i have in the world. besides , when all is done , and if the turkey merchants might have their will , to the irrepairable damage of their common countrey ; what would they be the better ? except by an act of parliament we could as well hinder the french , dutch , and other neighbours from trading in east-india silk , as we can the english east-india company . is not this dealing our childrens bread to strangers ? weakning our selves , and strengthening our enemies , whilst they laugh and stand amazed at our indiscretion ? for a conclusion , that the present and future ages may know in what condition the english east-india trade stood , when the company was assaulted by the private designs of parcicular men ; i shall add an account of the present posture of their affairs , viz. last year the company sent out ( which are not yet returned ) for the coast of cormandel , and the bay of bengall , four three deck-ships , viz. the eagle , burden tuns , and seamen , besides passengers . the sampson , burden tuns , seamen . the berkley-castle , burden tuns , seamen . the president , burden tuns , seamen . for suratt and the coast of india , three three-deck ships , viz. the williamson , burden tuns , seamen . the lancaster , burden tuns , seamen . the johanna , burden tuns , seamen . for bantam , two ships , viz. the society , burden tuns , seamen . the nathaniel , burden tuns , seamen . for the south seas and china , two ships , viz. the faulcon , burden tuns , seamen . the barnardiston , burden tuns , seamen . and in all of them the stock of l. s. d. this year the company are sending out for the coast of cormandel , and the bay of bengall , three-deck ships , viz. the bengall , burden tuns , seamen . the ann , burden tuns , seamen . the golden fleece , burden tuns , seamen . the caesar , burden tuns , seamen . the george , burden tuns , seamen . for suratt , and the coast of india , three ships , viz. the josia , tuns , seamen . the massingbird , tuns , seamen . and the success , tuns , seamen . for bantam , three ships , viz. the new london , tuns , seamen . the scipio africanus , tuns , seamen . and the persia merchant , tuns , and seamen . and for the south-seas and china , one other great ship , which is not yet resolved upon . and in all of them the stock of above l. ster . note that the ships are generally bigger than they are let for , and the company employ none but english-built ships ; and that besides what they sent out last year , and are sending this , they have always a considerable stock left in the countrey , to make and provide goods before-hand . besides , likewise their islands , towns , garrisons , houses , buildings , ammunition , &c. the just number of their adventurers now , is , and new ones daily coming in : the companies doors being never shut against any of his majesties subjects , as regulated companies are . and they have what money they will at per cent ; which will be the worst news of all in holland . if , notwithstanding all that hath been said , the company must be destroyed , gods will be done . to write what i have , i thought my duty to my countrey ; which having satisfied my self in the performance of , i am not careful for events : being always confident , that whatever the parliament does , they will do it justly ; and so wisely as to make the best of a bad bargain . i am persuaded the dutch , to have this feat done , would ease our lands a while , by giving us a million of pounds sterling , if they knew where to find chapmen ( which god grant they never may ) ; and i am sure , if they did pay two millions , they would have too good a bargain of it . finis . a motion to the east india company by thomas smethwike (an adventurer with them) vpon the reasons following smethwike, thomas. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc . estc s ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a motion to the east india company by thomas smethwike (an adventurer with them) vpon the reasons following smethwike, thomas. sheet ([ ] p.). s.n.], [london : febr. , [i.e. ] place of publication from stc ( nd ed.). proposal to reduce the time ships delay in india waiting for return cargo. reproduction of original in: society of antiquaries. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. trading companies -- great britain -- early works to . great britain -- commerce -- india. india -- commerce -- great britain. broadsides -- london (england) -- th century. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion a motion to the east india company by thomas smethwike ( an adventurer with them ) vpon the reasons following . vve haue now in india vpon the old stocks accompt and charge by the committees owne shewing , good ships of tonns , besides tons of trading ships and certaine frigots , &c. whereof of tons arrived there months agoe , of tons months agoe , and of tons may be arrived there about months since . what should cause our ships to stay so long , if there were stock to buy their lading ? or how should they be reladen thence in due time , if stock be wanting there ? all our factors in their letters ( both formerly and of late received ) cry out amaine for want of stock to trade withall , which hath maymed the trade , and say , they cannot dispatch the ships in due time , without meanes aforehand , and that m. l more then they haue , is little enough to dispatch the ships already there . tons in ordinary good wares , ( by the comittees owne shewing ) will cost there m. l. by their shewing we haue in all india but m. l. whereof m. l. not yet knowne to be arrived . so ( admitting all arrived ) there wants to lade the ships already in india m. l. this great vvant hath not hapned by any late disaster , but is rather lessned by tons of shipping lately fired and laid vp there without any goods lost in them , and by opening the trade of bantam where pepper is cheape , neither hath this want of stock beene vnknowne here , for a yeere , or two , or more . it seemes the ships now going for the old stocks accompt ( of tonns ) are not to carry much more then will relade them with good wares ( though not diminished by charges of ships and factors already there ) and if we trade in course and bulky wares onely , it is granted already we had better sit still . nay vnlesse we send this yeere meanes aforehand to provide good lading for ships to goe hence the next yeere with fresh capitalls , we shall still trade to losse . the sending of or m. l. this yeere aforehand ( in all probability ) will be as good as twise so much sent the next yeere , and so from yeere to yeere , and then halfe the treasure yeerely to be transported will serue the turne ; but sparingly sent , and many ships there vpon charge , it will be consumed before its arrivall . our ships ( now adaies ) doe vsually stay or months too long in india to their ruine , and spending as much ( brought a yeere or two after in other ships ) as being sent aforehand might well buy and pay for their lading in due time , and so returne strong . yet our factors continually owe there mnch money at a high ratc of interest . by sending meanes aforehand merchantlike , we may profit much by trading there from port to port , and buy our wares at the best hand . we may avoid the great and needlesse charge of many great ships staying long in india ; of paying a high rate of interest there , the losse of our mariners , the decay of our shipping , and so their comming home in much danger . and then doubtlesse this trade may againe yeeld the adventurers for one every yeeres ( as vsually it did ) by the blessing of god. yea if examination be had , it will appeare the returnes from india this yeere ( vpon a reasonable fraight allovved ) produce neere for one vvithout help of stock aforehand ; and therefore very strange the old stock ( so great and so long employed ) should produce so dismall a reckoning as it doth . the motionis . that the next weeke may be appointed for the company to parlee , & consult together for the good of the trade in generall , and of the old decayed stocke in particular . such as are adventurers in the old stocke , and not in the new , to meete by themselues , and the new adventurers by themselues . and then doubtlesse ( mett together ) they will agree vpon some good course to be taken that the trade may be amplie mainteined , and the adventurers stocke not still runne ( as long it hath ) to perdition for want of meanes in india aforehand : and perhaps put an end to all the controversies that now are ( and like to be ) amongst the company . febr. . . a reply on behalf of the present east-india company, to a paper of complaints, commonly called, the thirteen articles delivered by their adversaries, to the members of the honourable house of commons. east india company. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing r estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a reply on behalf of the present east-india company, to a paper of complaints, commonly called, the thirteen articles delivered by their adversaries, to the members of the honourable house of commons. east india company. , [ ] p. s.n., [london : ] caption title. imprint from wing. original paper not traced. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . [thirteen articles] -- controversial literature -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a reply on behalf of the present east-india company , to a paper of complaints , commonly called , the thirteen articles , delivered by their adversaries , to the members of the honourable house of commons . article i. that they did procure illegal commissions from the late king for martial law , whereby some persons have been executed . answer . how far a power to grant commissions of martial law in foreign plantations , in the case of rebellion , is by antient prerogative vested in the crown , is not fit here to be debated , much less determined ; though the author of this article here presumes so to do . but this is true , that the commission here stiled illegal , was no other , than what hath been from time to time granted to the said company ; more particularly , at its first institution in the reigns of queen elizabeth and king james i. as doth appear by the original commissions ready to be produced . that the said commission was grounded on the same power with their charter , and their charter on the same power with all the charters of the respective plantations in the west-indies ; upon which charters , several persons have been executed both by civil and military judicatures , and never yet call'd in question ; and is no more than what all the european joynt-stocks make use of in india . that the governour of st. helena caused to be put to death two men , before any commission was obtain'd . what the governour of st. helena did before the commission arriv'd , was without the order or privity of the company here , and so they not answerable nor blame-worthy for the same . art. ii. that the company did procure , of the late king , the ship phoenix to be sent to india , to seize the ships and goods of their fellow-subjects ; and also gave orders to the commanders of their own ships to do the same . answ . these fellow-subjects here mentioned , are such as did break in on the trade of the company , contrary to his majesties charter , and are usually stiled interlopers . now it being generally granted , and likewise declared by the honourable house of commons , that the east ▪ india trade will be best manag'd by a joynt-stock , exclusive to all others . it 's humbly submitted to the judgment of all persons unconcern'd , what other measures the company could have then taken , or can be taken for the future , by this or any other company , on such an exigency , for the preservation of the trade to the nation and themselves , than those which the objection would render criminal ? art. iii. that they did procure their late majesties proclamations , for the putting the powers granted to them by their charters , in execution , and commanding all persons from their employments and settlements in those parts , to repair to the companies garisons in india , or return home . answ . this article is no more , than that they did procure from their late majesties , their respective proclamations for the confirmation of their charters , and putting the powers therein given them , in execution ; which is usual , and hath been the practice of most , if not all companies established by charter ▪ nor was it ever until now objected as a thing criminal so to do , nor had they done it now , but to restrain interloping . art. iv. that they did in the two last reigns , commence vexatious and chargeable suits against their fellow-subjects . answ . the company being , as they humbly conceive , in possession of a right , it was never yet accounted criminal by any persons , to maintain that right in westminster-hall . art. v. they have caused several ships fitted and design'd for india , to be illegally stopt ; and also one ship homeward bound , to be unladen at portsmouth . in order to which , they procured a letter from the late king , to the judge of the admiralty , commanding him to order the said cargoe there to be landed . answ . as to this , that , as is before hinted , in answer to the second article : it being generally agreed on , and declared by the honourable house of commons , that the east-india trade will be best managed by a joynt-stock , exclusive to all others . it 's humbly conceiv ▪ d , it was no ways criminal , for them to apply to his then majesty , and his courts of admiralty , for such assistance as that court could afford them , to preserve the trade to themselves , exclusive to others , according to their charter . but as to any such letter , as is here suggested , it being matter of fact , it must rest upon them to prove it , by producing the same . art. vi. that the company have expended great summes of money , under the title of secret services , and presented to the two late kings , several ten thousand guineys . answ . this were much more proper to be objected by the present members of the company , than by those , some of whom at least wise were the chief promoters of it : and having since sold themselves out , would render the present managers criminal , for those very actions which they committed , while members of the said company . and as to these ten thousand guineys which were presented to the late kings , it was alwayes paid into the exchequer , for the publick service ; and was at first introduced , not by the present managers , but by some of those , who as aforesaid , have sold themselves out , and do now complain against it . but it hath been since taken off by a present of seven thousand pound ●tock in the said company , which his present majesty , whom god long preserve , doth now enjoy . art. vii . some of the prevailing members in the committee , have sold to themselves great part of the companies goods , by private contract , to the prejudice of the buyers , and the defrauding the other adventurers . answ . this objection likewise had been much more proper to have come from the present members , than from those who had no interest in the company , when these private contracts were made : nor were these contracts so private , but first by the allowance of the general court of adventurers ; and then publication made , that such contracts were proposed , and all persons , both members and others , had full freedom to bid for the goods intended to be exposed to sale. and it is humbly conceiv'd , that it is the property of every individual person , and of all communities , to dispose of their effects , as they do think most conducing to their present advantage : nor is it contrary to the companies present constitution . but if it be thought inconvenient for the future ; this , as all other regulations , is by the companies petition , humbly submitted to the honourable house of commons . art. viii . they have not for many years past made up their books , and valued their stock ; although by the general preamble , subscribed by every adventurer on his admission into the company , they are obliged so to do every seven years : whereby the late managers have engrossed a great part of the said stock , in opposition to the interest of the publick . answ . this obiection is not true in fact . the company having made up their books , and a valuation of their stock , in the year , which is yet within the seven years . nor is it true , as is further suggested , that the late managers have thereby ingrossed a great part of the stock , in opposition to the interest of the publick . art. ix . that they have of late made over-large dividends , whereby they have not only divided their profit , but the very stock it self : and that it hath been urg'd ( as an argument so to do ) in their publick courts , that it was the only way , to put themselves out of the power of a parliament : answ . this article consisting of several particulars huddled up together without any due connexion , must notwithstanding , to render the answer to it intelligible , be brancht into several particulars . as to the making the late dividends , it was occasion'd for want of liberty to send out shipping for india ; the company having made several earnest applications for the same , which by reason of the pressing occasions for seamen , to man their majesties fleet , could not be obtain'd : and also they have had certain advices from india , that by reason of the great moguls warring upon the king of gulconda , and the grievous famine and sickness happening on the coast of choromandel , most of the handicrafts-men being destroy'd , the companies agents and factors could not procure callicoes for their money : by which ways the companies stock then lying dead , both in england and india , the said dividends were made ; and not , as is falsly suggested , to put themselves out of the power of a parliament . and that thereby they have not left a fund sufficient to carry on their trade . but that by these dividents there is not left a fund sufficient to carry on the trade , is deny'd ; and being matter of fact , must rest upon the perusal of the accompts of the companies , ordered , and intended to be delivered into the honourable house of commons . but are become necessitated to farm it out to their fellow-subjects . as to the permission ships , there was a necessity for it during the time of the war , when trade might be carried on by private management of particular persons , with less noise or notice taken of it , than could then be done by the company ; but that being ceased by the peace made , they are now restrain'd by the present company , and therefore ought not to remain an objection against them . and likewise to the armenians . this was principally design'd for the encreasing the exportation of the woollen manufacture ; they being the only persons that can greatly increase the vent of english cloth , by carrying it into the upland and northern parts of persia and tartary , whereby new markets for the same may be obtain'd . the factors and agents of the said company , being never able to penetrate so far into the country ; and by permitting them to send out , not only our manufactory , but also foreign commodities , which used alwayes to go with the caravans for turkey , it would have brought great advantage to their majesties customs , and increased our navigation , and may in time bring hither , all the fine callicoes expended in italy and other parts , that used to go overland by the great caravans , to the increase of our , and diminution of their trade . and further , that they have permitted the jews to establish themselves in india , and made them a part of their government there , which has in a manner , given them the intire possession of the diamond trade , to the great discouragement and loss of the english subjects . as to the jews being permitted to settle in india , it is no more than what is done in england , and they may as well accuse the government here , as the company there : and for their being part of the government , it was admitted to them , as to all other nations , thereby to encourage persons of all perswasions to settle among them , for the greater strengthning of the place , and increase of the trade thereof . art. x. that they have for many years past carried on their trade in an irregular manner , by sending out ships at improper seasons , and keeping them abroad longer than was requisite , by which mismanagement , together with the war , they have occasion'd the loss of several considerable ships , and the mortality of some thousands of seamen and souldiers . answ . the taking of ships for a longer time than was formerly practised , was occasion'd by the war with the great mognl , in which it was absolutely necessary , to have a strong force of english shipping on the place , to secure the english interest there , and if they staid longer than the time limited in charter-party , it was their own voluntary action , they having it in their power by charter-party , to return . nor was the loss of the english seamen more in proportion , than of the inhabitants of the country ; there being then such a contagion in those parts , as depopulated whole cities ; nor can the company be more reasonably accused for the death of their seamen and souldiers , than the government of this city can for the loss of its members , in times of contagion . art. xi . that the company have commenced an unjustifiable war against the great mogul , and under that answ . the war with the great mogul was occasion'd by pure necessity , and that necessity did arise , from the breaking in of the interlopers upon them , in their trade , when by dividing the english interest in india , the natives there took advantage of the said division , to extort very great , and most unreasonable sums of money pretence , committed many great depredations on the subjects of that prince ; from the company , contrary to their phirmaunds given to them , as has been more at large demonstrated by the company in print . besides , the war was neither commenced nor prosecuted , but by the direction and commissions of the late king under his hand . and it was alwayes believed , that the sole power of making war and peace , was vested in the crown ; so that this war ( being commenced by , and under the then soveraign power of this nation , ) can't in reason be accounted an injustifiable war , as is objected . whereby the english are render'd in all parts of india , odious and contemptible , and esteemed rather pyrats than merchants . as to that which is further objected , that the english are in all parts of india render'd odious and contemptible by the war ; the quite contrary is true : for should they have tamely submitted to these exactions and insults , without endeavouring to vindicate themselves , they had then become absolutely contemptible with the natives : vvhereas now by their endeavour to right themselves , they have gain'd reputation and respect , more than any other european nation in india . they have been likewise guilty of a notorious breach of faith , by making prize of divers ships , to which they had given the protection of the companies passes . and also have seiz'd the goods and moneys , which were laden on freight , on board the companies own ships , for which bills of loading are still standing out . as to the first branch of this part of the objection , it 's utterly denyed : for what ships had the companies passes , were either not seiz'd at all , or upon their bringing up to bombay , immediately discharg'd by the general . as to the first branch of this part of the objection , it 's utterly denyed : for what ships had the companies passes , were either not seiz'd at all , or upon their bringing up to bombay , immediately discharg'd by the general . as to the other part of this objection , that they have seiz'd the goods and moneys , which were laden on freight on the companies own ships , for which bills of loading are standing out . it is answer'd ; that if they mean by these goods and moneys , such as did belong to any englishman , it is utterly deny'd ; but if they mean the goods and moneys belonging to any of the natives , then it is acknowledg'd , that there were bales of goods , laden on the emerauld frigat , design'd for persia , which were afterwards put on board charles the d. there being a necessity for the emeralds going a cruizing ; and there being several other goods , in the hurry of the moors invasion , brought on board the said ship , and laid upon them : the monsoons would not suffer them , when the charles was about lading for europe , to meddle with her stowage , and take them out ; which was the reason of their being brought for england : but they were accordingly taken notice of , in the letters and invoices to the company ; and a particular account desired to be kept of their contents and sale , to enable the companies general and council to account with the owners ; which is paid and done accordingly : it being so promised to the owners from the beginning , and they were satisfied with it . for what moneys were laden on the companies ships on freight , and seiz'd on , as is alledged by the objection , the truth thereof is no more than this , that there was some money so laden detain'd at bombay ; but is actually restored to the owners at surrat , to their great satisfaction , which they have publickly acknowledg'd . that the company did make war on the mogol , without first having made application to him for redress of their grievances . this likewise is not true in matter of fact ; for they did make application to himself , and likewise to his ministers , before the commencement of this vvar. art. xii . that the company first contrived to make advantage , of the credit and friendship , which till that time , they had with the natives , by ordering their agents to borrow all the money they possibly could . answ . it is well known , that the company have all along from their first institution , borrow'd money at surrat , as they have had occasion , and have as punctually paid it : and what money , now said in this objection to be borrow'd , ( which is nothing near so much as is alledg'd ) was not done , as is here suggested , by contrivance to make an advantage , of the great credit and friendship our nation had with the natives , thereby to defeat them of it ; but either is , or will be , as punctually paid when due , as these suggesters pay their own debts , and was never otherwise intended . that they are at last become sensible , and have supplicated that great prince for a pardon , which he has condescended to grant them . it is observable , that these persons , who in their former articles did accuse the company , for not having made their application to the great mogol , for redress of their grievances , do now in this criminate them , for having made their application to him for a peace ; which they disingenuously call a pardon . art. xiii . that they did also upon most unjust and frivolous pretences , make war on the king of syam , which occasioned the massacre of divers of their majesties subjects , and the ruine of several families . answ . the vvar made by the company on the king of syam , was not made , as is here pretended , on most unjustifiable and frivolous pretences , but upon most just and reasonable grounds : the company having received most notorious injuries , both in their estates , and in the persons of their factors , from that government . and now the before-mention'd objections having received their several answers ; it is humbly submitted to the judgment of all unconcern'd persons , whether by them it is made clearly evident , that the present company are become a dishonour to this nation , a great grievance to their majesties subjects ; and that nothing but a new national joynt-stock , can retrieve and preserve that trade , from being utterly lost to this kingdom , as is suggested , in the conclusion of the said paper . and whereas they have printed the phirmaund , or patent lately granted by the great mogol to the company , from the stile of which they would insinuate , that the company have made a base and dishonourable peace : it is well known to all , who have observed the stile of the eastern princes , that it is no other , than what the said mogol , and others of the great eastern monarchs generally use , in their treaties , they make with their neighbouring princes : but for the particular articles granted to the company for their trade and settlement , they are as advantageous as the company could , or did desire ; and beyond what hath ever yet been granted . the east-india-trade a most profitable trade to the kingdom. and best secured and improved in a company, and a joint-stock. represented in a letter written upon the occasion of two letters lately published, insinuating the contrary. ferguson, robert, d. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a wing f a estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the east-india-trade a most profitable trade to the kingdom. and best secured and improved in a company, and a joint-stock. represented in a letter written upon the occasion of two letters lately published, insinuating the contrary. ferguson, robert, d. . [ ], , [ ] p. [s.n.], london : printed in the year, . by robert ferguson. errata on verso of final leaf. reproduction of the original in the harvard university library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- early works to . trading companies -- england -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the east-india-trade a most profitable trade to the kingdom . and best secured and improved in a company , and a joint-stock . represented in a letter written upon the occasion of two letters lately published , insinuating the contrary . london , printed in the year , . the east-india-trade a most profitable trade to the kingdom , &c. sir , your kind reception of my former , doth encourage me to answer your desire in part , and to give you my thoughts more particularly touching the great advantage that redounds to the kingdom by the east-india-trade , and some reasons why i conceive the said trade cannot so well be carried on or managed for the publick good , in any other way than by a company in a joint stock . in order hereunto give me leave in the first place to say something of trade in general , which may not only give some light for the better understanding the india-trade , but also obviate some objections that are frequently made against it . trade may be distinguished into foreign and domestick ; the latter would be very inconsiderable , but in subserviency to the former . trade confined amongst our selves , procures little advantage to the kingdom ; no more than the buying and selling of land , one hath more , and another hath less ; the owners are changed , but the land is still the same . it is foreign trade , that is the great interest and concern of the kingdom ; without foreign trade , all or the most part of those studies that render persons so renowned , would be of little signification to the publick . what is all knowledg , if it be not improved to practice , but empty notions ? if the people of this island were learned in all languages , did know the scituation of all places and countries , and the nature of all commodities ; were acquainted with the order and motion of all the stars , knew how to take the latitude and longitude , and were perfectly read in the art of navigation , to what purpose would all be , if there were no foreign trade ? we should have no ships to navigate to those countries , nor occasion to make use of those languages , nor any advantage by those commodities : what would this island be , without foreign trade , but a place of confinement to the inhabitants ? who ( without it ) could be but a kind of hermites , as being separated from the rest of the world. it 's foreign trade that renders us rich , honourable and great , that gives us a name and esteem in the world , that makes us masters of the treasures of other countries , and begets and maintains our ships and seamen , the walls and bulwarks of our country . were it not for foreign trade , what would become of the revenue of six to eight hundred thousand pounds per annum for customs ? and what would the rents of our lands he ? the customs would totally fail , and our gentlemens rents of thousands per annum , would dwindle into less than hundreds . but all foreign trade is not alike advantageous to the kingdom : certainly that cannot be supposed ; there may be such a trade to some places under such circumstances , as instead of bringing advantage , and adding to the stock of the kingdom , may be very detrimental and destructive , by wasting and consuming our stock and treasure . a trade that takes off little from us in commodities , and furnisheth us with little or no goods for our foreign vent in other places , but with abundance of either unnecessary and superfluous things to feed our vain humours and fancies , or with such , though useful , as hinder the consumption of our own manufactures , can never be profitable but destructive ; and such a trade is that to france , as it lies under those exorbitant impositions on our manufactures , of to per cent , amounting almost to a prohibition ; whereas there was formerly vended in that kingdom annually to the amount of thousand pounds in english drapery , there is now hardly vended thousand pounds worth ; and yet our receipts from them , in wines , linnens , paper , silks , garments ready made , beds , and an innumerable company of toys and trinkets , is greatly augmented ; so that our receipts from france in unnecessary and superfluous things , or in such commodities as hinder the use of our own manufactures , and serve not to supply other foreign markets , exceeding by many hundred thousands annually what that country takes from us in commodities : that trade under such circumstances cannot be otherwise than very ruinous and destructive . other foreign trades that are profitable to the kingdom , yet are not equally so , some take off more of our native commodities and manufactures , furnish us with more useful and necessary commodities at cheaper rates for our consumption , supply us with materials for manufactures , or with commodities to be transported to other countries , for a further enlargement of our trade , than others . some trades employ a greater number of english ships , occasion the building and maintaining ships of greater burden and force , whereby an addition is made to the strength of the kingdom , than others ; and some trades bring in a greater revenue to his majesty , whereby the publick charge of the kingdom is supplied without or with less taxes on the people , than others . of all which matters a due consideration is to be had in the examination of the distinct trades , to find out which is most profitable and beneficial to the kingdom . it is a maxim generally received and approved , in reference to foreign-trade , and taken as a rule to measure any trade by , whether it be profitable to the kingdom or not , that where the goods exported are less in value than the goods imported , the kingdom loseth by that trade ; because what falls short must be supplied by money : and on the other hand , when the exports are more than the imports , the treasure and stock of the kingdom is encreased by such a trade : it being necessarily supposed , that the overplus is returned in bullion . this rule seems to be taken from the consideration of the whole kingdom as to its trade with foreign parts , under the notion of a single person possessing and managing an estate or farm. if he do not raise from his estate or farm to sell for a greater value than to purchase what he does and must necessarily buy in , for the supply of his farm and houshold , he cannot advance thereby . if his receipts exceeds his payments , there is an addition to his stock ; if his payments surpass his receipts , he runs in debt , and decays in his estate . a gentleman that spends every year more than his revenue or income , will in time have no revenue at all . this notion is undoubtedly very good , and may by a due consideration of it under several and various circumstances , be improved and made use of to explain the matters of foreign-trade in reference to the kingdom , so as to render the same intelligible to all persons ; for it will not only shew us , that we decay in our stock , when the cost of what we spend and consume is more than we can purchase by what we sell of our own product and manufacture ; but also , that it is our interest neither to permit idleness nor profuseness , but to give all encouragement to labour and industry ; to improve by manufacturing what we have of our own growth , and to carry the goods we sell , and to fetch the goods we need , to , and from the best markets by our own teem , i. e. in our own shipping , &c. yet notwithstanding , the said rule , as it is generally taken and straitned , is not an adequate rule to measure the whole extent of foreign-trade by : for it supposeth only a trading in commodities , and makes money , i. e. gold and silver , to be the fixed stock and riches of the kingdom ; and not improvable in the trade , but encreased or diminished , as it supplys only to answer the balance of the trade of commodities . whereas in truth the stock and riches of the kingdom , cannot properly be confined to money , nor ought gold and silver to be excluded from being merchandise , to be traded with , as well as any other sort of goods . it is true , that usually the measure of stock or riches is accounted by money ; but that is rather in imagination than reality : a man is said to be worth ten thousand pounds , when possibly he hath not one hundred pounds in ready money ; but his estate , if he be a farmer , consists in land , corn , or cartel , and husbandry implements : if a merchant , in goods and merchandise at home , or adventures abroad , or in shipping , in like manner the stock or riches of the kingdom doth not only consist in our money , but also in our commodities and ships for trade , and in our ships of war , and magazines furnished with all necessary materials : and if we consider the very notion before mentioned , from whence the rule is taken , and suppose the person possessing and managing the farm , to have attained to a stock of money over and above what is necessary for the carrying on the concern of his farm , who would not count him a ridiculous fool , to let his money lie in his chest idle , that as he can vend more goods from his farm than will answer for the cost of what he needs to buy in , he may add farther to it ; there to let it lie buried and useless , whereas he might with his money have bought goods at one market where they were cheap , and carried them to another market , where they were dearer , and so together with the benefit of the carriage , have added much more to his stock . thus in reference to the foreign-trade of the kingdom ; if gold and silver must be confined within our walls , i. e. the seas that environ us , it is rendred fruitless , and yields no encrease to the kingdom 's capital . suppose a foreign-place where commodities cannot be purchased but with money or bullion , and that thousand pounds in bullion laid out there , should purchase such quantity of goods as would yield on sale in some other foreign-parts , to thousand pounds , to be returned to england ; were it not the kingdoms interest to embrace so gainful a trade ? and should we not count him either ignorant , or an enemy to his country , that did oppose it ? the hollanders that did encrease to so great wealth , glory and strength , before this last war , was it by imprisoning their gold and silver , and confining their foreign trade to the goods of their own product and manufacture ? no such matter : for they had little or nothing of their own product ; but by liberty of transporting bullion , and by fetching goods and merchandise from one place , and carrying them to another , according to the proper markets and seasons , they did in a great measure obtain their riches and glory . it is a great mistake , though a common one , to think , that it is the plenty or scarcity of money that is the cause of a good or a bad trade : it is true , when the trade is quick and good , money is more seen , and changeth hands ten times for what it doth when the trade is dull and dead ; so that one hundred pounds in a time of quick trading , makes as great an appearance as one thousand pounds in a time of dead trading . it is not so much the money that influenceth the trade , as it is the trade that discovers the money , which otherwise would lie hid . i am confident , there never was more money in the kingdom , though by reason of the deadness of trade in general , and paucity of good security , it walks not so much abroad . having said thus much of trade in general , i now proceed particularly , in answer to your desire , to shew the profitableness of the india-trade , and that it is best managed in the way of a company , and a joint-stock . i. that the east-india-trade is a most ( if not the most ) profitable and beneficial trade to the kingdom . the extraordinary endeavours of most of the european natitions to compass and gain the east-india-trade to themselves , or at least to have a great share in it , together with the success of the dutch therein , and the vast advantage they have reaped from thence , being a main cause of that wealth and grandeur which hath rendred them so redoubtable to , and envied by all their neighbors , may give an undeniable testimony of the beneficialness of this trade . but it will be needless to insist thereon , or to call in witnesses from abroad : for from the consideration of the trade it self , there will arise sufficient to evidence by demonstration , that it is so ; and in consequence , that it is the kingdoms interest to uphold , maintain , and encourage the same . it is a trade that takes off a considerable quantity of our native commodities and manufactures , though not altogether so much as some other trades do . that supplys us with most necessary and useful commodities for our consumption , at the cheapest rates . that brings us some commodities for further manufacture . that furnisheth us with large quantities of goods for foreign-markets . that gives employment to , and so maintains great number of english shipping . that occasions the building of more ships of burden and force , fit for warlike service , and defence of the kingdom , than any other trade . that brings in a considerable revenue to his majesties exchequer by customs , and the greatest addition to the kingdoms stock . the better and more convincingly to manifest all which , i shall with all candor and moderation , give you a state of the said trade , both in the plain and direct course of it , and also in the consequences depending upon it . a state of the trade of india in reference to the kingdoms concern : first in the plain and direct course of it . there are generally employed in this trade in a direct course to , and from india , to great ships , from to tuns burden , and within six or seven years last past , there hath been built new from the stocks , about to ships , from to tuns burden ; purely on the hopes of the companies employment , and the encouragement the company have propounded and given of sh. per tun extraordinary freight , the two first voyages ; which amounts from to pounds a ship , according to their burden . by which means there is a very large addition of strength for defence of the kingdom , in case of war ; the said ships fitted in a warlike equipage , will carry from to and guns ; and of how great concern this is to the nation , judicious persons , that consider the present state of affairs , will easily judg . the exports of the company in one year , as it was in the end of anno , and beginning of anno , may be about thousand pounds , whereof about thousand pounds in bullion , and about thousand pounds value in cloth , and other goods . the returns of the said adventure brought home for england by the company , in callico , pepper , saltpeter , indigo , silk , wrought-silks , and some drugs , and other commodities , may on sale in england produce at least thousand pounds , and oftentimes much more . his majesties customs , freights of ships , and all other charges , of officers , warehouses , lighters , carts , porters , and such like , will amount to a very great sum ; but all this being payable in england , it is altogether as much the kingdoms stock , as the clear profit added to the companies stock is . so that there is in a plain and direct way , added to the stock of the kingdom by the companies trade in one year , if no accident intervene , thousand pounds . if any shall suggest , that the charges in india , for maintenance of factors , factories , forts , garrisons , negotiations with princes , and other charges and expences in india , which may amount to or thousand pounds , is so much paid abroad , and therefore ought to be deducted ; i will not dispute it , but wave what might be said thereto : and yet there will remain a clear addition to the stock of the kingdom , by the joint trade of the company only , of thousand pounds . and then if you consider the private trade , allowed by the company to owners of ships , commanders and seamen , as also to their factors , and to all adventurers , for diamonds , pearls , musk , ambergreece , and such like commodities : in reference to which , there may be exported in goods about to thousand pounds , and in bullion about to thousand pounds , which returned into england may yield on sale , to thousand pounds : the profit thereon being thousand pounds , is so much further addition to the stock of the kingdom , which joyned to the other , makes it thousand pound added to the kingdoms stock in one year by the india-trade , in a direct course , besides all the consequences depending further thereupon ; which come next to be considered . secondly , the state of the india-trade in the consequences depending thereupon . i. first , in reference to the exports . the great objection against this trade , because of the exporting so great a quantity of gold and silver out of the kingdom , for the carrying it on , is already obviated in a great measure , in what hath been said of trade in general ; and i may have further occasion to speak to it in the following discourse , and therefore wave it here . the goods transported to the amount of thousand pounds , may consist of about to thousand pounds in english goods , and the rest in foreign commodities . the english goods are chiefly drapery , tynn and lead ; and whereas it may be supposed , that though we had no trade for india , yet if any of our neighbours did trade thither , so much of our lead might be taken from us by them , as could well be vended in india . i shall forbear to say any thing of that commodity . but as to the drapery and tynn , which amounts to the value of to thousand pounds ; in case the english had no trade to india , the kingdom would lose the sale of so much of those commodities as is usually sent there ; and in effect , the whole value , being thousand pounds , on the other hand by this trade the kingdom gains or makes thousand pounds of that which otherwise would yield nothing . no other nation doth carry english cloth to india , and all foreign markets where there is no obstruction by prohibitions , or impositions , are fully supplied with as much and more than they can vend . and for tynn , there is vast quantities in some parts of india ; the dutch during the time of the late preemption of tynn , having brought home in two years , or tuns . and it might be more advantageous to the english company , not only to transport tynn from one part of indio to another , rather than to send it from england ; but also to bring tynn from india to england for ballast of their ships that come with pepper from bantam , did they not prefer the kingdoms interest before their private profit . ii. in reference to the returns from india . there may be spent and consumed ordinarily within the kingdom , according to the nearest calculation i can make , to the value of to , or thousand pounds in india-goods ; viz. about six thousand pounds-worth of pepper , to thousand pounds-worth of saltpeter , to thousand pounds-worth of silk and silks , to thousand pounds-worth of callico's , and about to thousand pounds-worth of indigo , and other drugs . all the rest of the returns above mentioned , amounting in value to thousand pounds , or thereabouts , are transported to foreign markets , as also most part of the private trade . the pepper i reckon at d. the pound ; and it is the most necessary spice , and of that use , that in former times it hath sold for sh. d. the pound : it is not to be had but from india ; and if the english had no east-india-trade , it must be purchased from the hollander ; who , if they had it all in their own hands , might raise it to the same rate they do their other spices , whose first cost in india is much the same . but suppose it might come at d. per pound , which is the least rate we could expect it at ; it would be annually a further expence and charge to the nation of at least six thousand pounds . the saltpeter is of that absolute necessity , that without it , we should be like the israelites under the bondage of the philistines , without means of defending our selves : if we had no india-trade , possibly in time of peace we might purchase it , though it would cost us double what now it doth . but in case of war , where could we have sufficient ? would our enemies be so kind as to furnish us ? it is ill trusting to that : would our gentlemen , citizens , and farmers , be willing to have their cellars and rooms dug up , and to be deprived of freedom in their own houses , while they are exposed and laid open to saltpeter-men ? yet if that should be , besides the horrible inconvenience and vexation thereof , it would be far short of supplying us , considering the vast expence in sea-fights : what use will our ships and guns be off , if we want powder ? silk is a commodity that receives a farther manufacture here ; and though 't is possible we may be supplied with silk from other places , yet not at so cheap terms , as from india ; and for taffeta's , and other wrought india-silks , they serve instead of so much italian and french-silks . whereof otherwise , we should use a far greater quantity , which would cost the nation almost treble the price of india-silks ; and so augment the kingdoms charge and expence above thousand pounds per annum . callico is a most useful and necessary commodity , and serves instead of the like quantity of french , dutch , and flanders linnen , which would cost at least three times the price of it . and hereby the nation hath a very great benefit , not only as it saves two or three thousand pounds in its expence ; but also as it hinders so far the enriching those neighbour-nations , from whose greatness this kingdom might fear most prejudice . — it were to be wished that people would use more woollen of our own manufacture , which might serve for many occasions in lieu of linnen ; but we see , such is the present humour , that an act of parliament hath prevailed nothing in a matter of this kind . without question it would be much the interest of this kingdom to promote and encourage the manufacture of linnen in ireland ; whereby it might not only enrich that kingdom , rather than a foreign countrey ; but also by diversion prevent the encrease of the woollen manufacture there ; which otherwise in time will destroy the staple-manufacture of drapery in england , and thereby exceedingly impoverish it . in the mean time , it is certainly much better for the kingdom to expend thousand pounds in callico , than or thousand pounds in french , dutch , and flanders linnen : and if the linnen manufacture were setled in ireland , so as to supply this kingdom , the callico now consumed here , might be transported to other markets abroad , and so bring a farther addition of stock to the nation . indigo is a necessary commodity , used for the dying and perfecting of our own manufactures . and for the other drugs and commodities brought from india , and expended in england , the value is not considerable . the greatest part of all the returns from india , are transported to foreign-markets ; viz. to france , holland , spain , italy , turky , &c. whereby those trades are the better carried on by the english , to a further advantage of the kingdom . the value of thousand pounds in india-goods of the companies returns , and thousand pounds-worth of private traders , at least , transported into foreign-parts by english merchants , cannot be calculated to yield less than ten per cent. profit , one with the other , clear of all charges ; which will amount to thousand pounds . but in regard some part of it may be carried out by strangers , or for strangers accounts , and so the profit arising thereby may remain abroad , and never be returned to england ; i shall estimate the profit thereof but at thousand pounds ; which is so much more addition to the nations stock . and here by the way , it may be observed , that the kingdom hath a greater advantage , when the trade is driven by the english merchant , than when it is carried on by strangers ; all the profits arising by the trade of the one , is brought back to england ; whereas the profits of the other remain abroad . this i note to rectifie the mistake of some that say , it is all one to the kingdom , so the trade be carried on , whether it be by the english , or by strangers ; as also to evidence , that it is the nations interest to encourage the kings subjects in their trade , preferably to strangers . the said goods are transported in english-shipping , whereby an employment is given to a great number of ships ; the very freight of which being about tuns , cannot amount to less than thousand pounds ; which is so much further addition to the stock of the kingdom . from the consideration of the goods returned from india , and from hence transported into foreign parts , will arise a full and clear answer to the objection made against this trade , because of the quantities of gold and silver sent out for the carrying it on : for what hath been noted before in the general notion of trade , will in fact be demonstrated . as there was carried out from england to india , about thousand pounds in bullion ; so there is transported from england into foreign countreys , of goods brought from india , the value of thousand pounds ; which with the profit arising thereupon to english-men , amounts to thousand pounds . so that if all other foreign trades did export sufficient in commodities of the product and manufacture of england , to purchase and satisfie for all the commodities they imported ; there must undeniably be thousand pounds in bullion brought in , and added to the treasure of the kingdom every year , by the india trade ( when it is so fully carried on ) , over and above the benefit of all the india commodities spent and consumed in the kingdom , and of the building , employing , and maintaining so great a number of shipping . and thus the sending out of our treasure encreaseth it ; whereas to coop it up , would render it wholly useless . had we all the gold and silver in the world , in this island , if it were absolutely kept and confined within the kingdom , it would neither greaten our trade , nor render us more formidable in strength and power . if it be alledged , that such an addition of treasure every year brought into the nation , would certainly be more visible , and make a greater plenty of money ; whereas there seems to be rather a decrease , and decay of our treasure , and a scarcity of money : i answer , though , as before noted , it is my sentiment that there is as much treasure , i mean gold and silver , in the kingdom , as ever ; yet , suppose it were otherwise , and that the nation did decrease in their treasure , whence doth it so come to pass ? not from the east - india-trade , that is apparent . if all other foreign trades were upon a balance , and that their exports of the product and manufacture of england did answer all their imports , so that the proceed of india-goods exported , might return in bullion ; this kingdom in few years would have the greatest treasure of any nation in europe . but if some other foreign trades do wast and consume our treasure , let us lay the saddle on the right horse , and endeavour to find out expedients to prevent it . in the mean time it would be destructive to stop the current of our supplies , by breaking in upon , or obstructing the course of the east - india-trade ; by which , if the kingdom had not been supplied , all its treasure might ere this have been exhausted . some have suggested , that if there were not so much india-goods to transport , there would be more of our native commodities and manufactures transported and vended abroad . this can be no other than a fancy and imagination ; and will appear to be very groundless , when it is considered , that there are other nations that trade to india besides the english ; and if the english did not supply the foreign markets with india-commodities , those other nations , our competitors in that trade , would do it ; and the kingdom would lose the certain profit it now hath , and be disappointed of what these men imagine it might have . if none could trade to india but the english , and that other countreys could not be supplied with commodities , but must take what the english would bring them ; then indeed it would not be altogether of so great concern to the kingdom , whether the english traded there or no , so long as they could furnish such countreys with english goods , and make them content to take them or none . but such a time is not like to be ; and therefore it cannot be advisable to cast off , or discourage the east - india-trade on such groundless conceits . thus i have given you a state of the east - india-trade , whereby it is demonstratively evident , how advantageous it is to the kingdom in all the respects before mentioned , as it occasions the building , and gives employment to so great a number of ships of greater burden and strength than any other trade ; and as it brings an addition annually of above thousand pounds to the stock of the kingdom in its direct and ordinary course , besides thousand pounds more in consequence by other trades ; and as it saves the kingdom , near ( if not above ) thousand pounds annually , of what otherwise it would lose or expend . but though the east - india-trade be so beneficial and advantageous to the kingdom in it self ; may it not , say some , be more improved and carried on with greater advantage to the publick in some other way , than by a company in a joynt-stock ? i proceed therefore in compliance with your desire , to say something of the second thing proposed . secondly , that the east - india-trade cannot so well be secured and improved for the benefit and advantage of the kingdom in any other way , has by a company in a ioynt-stock . the practice and experience of other nations in the east - india trade , might here also be brought in to give convincing evidence on the behalf of a joynt-stock : no other nation trading otherwise , except the portugals , who are almost beaten out of the trade . and though the example of wise and politick governments in their methods of transacting affairs , ought to have a due regard , and in no wise to be slighted , especially when accompanied with success in a long tract of time ; yet in the present case , i shall not insist thereon , but confine my self to the nature and reason of the thing it self . none that are acquainted with the trade of india , but must know , that there is no coming for any european people to any place in those countreys for trade , without making presents to the kings , princes , governors , and great men at their first coming , and obtaining their license and permission ; and that there is a necessity of purchasing or hiring some great house to abide in for the security of their persons and goods , during their abode , at every respective place . the east-india company have been at vast charges and hazards , not only to procure a freedom and liberty of trade , with many great priviledges and immunities , both from the great mogul , and very many other kings , princes and governours , but likewise for the security of their factors , estates and trade , to purchase , build and maintain great houses , and store-houses , in all the places of their residences , which are called factories ; and in some places , as at fort st. george , bombay , and st. helena , to make considerable fortifications , and to keep large garrisons . there are two ways or methods of carrying on a foreign trade , besides that of a company , and a joint-stock : first , that which is called an open trade , when all persons are left free to trade or not to trade , and are confined to no particular rules and methods in the manner of their trading , but every one may manage his matters in such a way as to him seems good ; and such is the trade to france , spain , portugal and italy . the other is called a regulated trade , where there is a company , ( without a joint-stock ) that hath power to make some general rules , as to the publick manner and method of trading , and to raise impositions on the trade , for desraying necessary charges in reference to the security thereof ; but yet every particular person is at liberty to trade or not to trade , and to manage his own private stock and trade , without being limited or confined either in quantity , quality , or price of goods , and such is the manner of the turky-company . now it is to be examined , whether the east-india trade can be so well secured and improved for the publick good in either of these ways as in the way of a company and a joint-stock . first , if the trade be left open , will not all the priviledges and immunities purchased at great expence by the east-india-company , be either lost , or else rendred void and insignificant ? when every man is left to shift for himself , it will be , as to the national interest , according to the proverb , that which is every mans business , will be no mans business ; when there is none by particular obligation of place , duty , and interest , engaged to mind the general security and priviledg of the english-trade , but every one minds only his own private concern , the national honour and interest will decline . in the giving of presents to kings and governours , to obtain greater priviledges , and quicker dispatch , one will vye upon another , and some may be so far transported for private advantage , as to endeavour by presents to obtain the intervention of the powers there , to hinder and obstruct the trade of their fellow-subjects , thereby to advance their own . will not the kings and governours of those countrys , and other nations our competitors in the india-trade , take all opportunities to make their advantages , and to put injuries and hardships upon the english , when they find them divided for want of united counsels or strength to right themselves ? besides in selling and buying , every one will strive to supplant the other , and so give occasion to the indians to make extraordinary advantage by raising the prices of indian . commodities , and falling the prices of english-goods ; of all which there hath already been too sad experience in three or four years of open trade , from , to , in which time the english began to lose their ancient honour and esteem in india , and were much slighted in comparison of what they were before , under a company ; and many indignities and wrongs were put upon them in several places in india by the kings and governours , forcing the english to sell their goods , and take others , at such rates & prices as they pleased : and after contracts and agreements made , when the english have required performance , instead thereof some of the english commanders have been put to death , and their ships and goods seized , and the rest of their seamen scornfully sent away , without means of redress . besides , during that time , the injuries from the dutch in hindring the trade , and seizing the ships and estates of the english , were far more frequent , and more often reiterated . that subtil people well knowing how to make their advantage , by setting one english mans interest against anothers ; insomuch , that for or english ships and their cargoes , which the dutch had taken , ( if i mistake not , ) they only gave satisfaction for four , and by means of the english men interessed in those four , obtained a national discharge for all the rest . a certain person , whom i forbear to name , that was much concerned in the said four ships , or some of them , hath sometime made his brags , that he by his interest and prevalency with the late usurper , procured the signing that discharge ; which debarred all those english concerned in the other twelve ships , from any claim or demand of satisfaction : and thereby , though the english nation lost sixteen ships , the dutch paid but for four . the private persons interessed in those ships , made near cent. per cent. profit , and the others lost all , both principal and profit . also in those three or four years of open trade , the trade it self was rendred very unprofitable ; for whereas , under the company in a joint-stock , the trade generally produced for every l. sent out and invested in india , l. l. or when least l. here in england ; in the open time , the trade was brought to that pass , that l. laid out in india , did hardly yield in england l. and many lost of their principal stocks , besides about two years interest , and the risk and adventure of the seas ; and this not by reason of the quantity of ships and goods sent to , and returned from india in those times , ( for there hath been twice as much sent out and brought home by the company of late years ) but from the raising the prices of india-goods in the country , one man vying upon another to get a quick dispatch ; and as they did endeavour to supplant one another in india , so also in their markets in europe ; and hence it was that several ships set out from england , did not return to england , but were directed to sail from india , directly to some other foreign-parts , and so the kingdom was deprived of the customs , and other advantages thereby . from the disorders and ill success of the open trade , it was , that in anno , all persons being generally convinced , that the only profitable way for the management of the east-india-trade , was in a company and a joint-stock , did consent and agree to lay aside all private trade , and to unite in that way . accordingly books were laid open for all persons in the nation to subscribe what stock they pleased to adventure in the said trade : and it may be noted , that such was the disrepute and inconveniencies the former open time had brought the trade into , as ( together with some injuries and losses sustained from the dutch ) kept the value of the stock in the worlds esteem for several years , much below its first principle . in or about anno , the company did take a full and perfect account and balance of all their stock , adventures , and debts , and exposed a transcript thereof to publick view : the stock then was apparently more worth than per cent , though at that time such were the humours and fancies of people , that it was sold by private persons for per cent , or thereabouts ; for which reason , though the company did then lay open a book of subscriptions for all persons that would adventure in the trade , to write what sum they pleased , yet every one did decline it . since which time , though many dividends have been made amongst the adventurers , yet the value of the stock in its esteem in the world hath advanced to per cent , though of late it is ( as you seem to advise me ) gone backward to per cent , notwithstanding the safe arrival of all the companies ships this year . from this short account of things , i leave it to all judicious persons to consider , whether it be not inconsistent with the kingdoms interest , and whether it be not irrational and unjust , to lay open the east-india trade ? inconsistent with the kingdoms interest , to part with , or hazard the loss of all those places of strength , and those priviledges the east-india-company now enjoy , but cannot maintain in an open trade : irrational , to make a second trial after the experience of so many inconveniencies by the first ; and unjust , to deprive the present subscribers in the east-india stock , of their future advantage , that have run so many hazards of their stocks , and been at such vast expences for the promoting and securing the trade so advantageous to the kingdom , and to open it to those that have-twice already refused to adventure therein . i have been the briefer on this first particular , because i find very few so hardy as to expose their own reason in pleading for an open trade . the gentleman barrister ( as he stiles himself ) seem'd to question , whether it were a useful trade to england ? but if it were , intimates it should be a regulated trade , and instances in that of the turky-company . it remains therefore to shew , secondly , that the east-india-trade cannot so well be secured and improved for the kingdoms advantage under a regulation , as by a company and a joint-stock . in reference to the security of the trade , it must be noted , that in the east-indies there are many , very many kings and governments ; almost every place of trade , ( whereof there is a considerable number ) is under a distinct rajah , or king ; and considering that other european nations are still watching to take all opportunities to distil into the minds of those kings , slight & contemptuous thoughts of , & to incite them against the english , either to exclude them from trade , or to put many hardships upon them ; there is an absolute necessity of frequent applications to , and treaties with those kings , and that the english appear to them in some port and grandeur , as able to carry on considerable trade with them , and to force them to a performance of their treaties and agreements . the state of affairs in turky is far otherwise , where there is but one prince , who hath an absolute dominion in all his territories ; so that by one ambassador at the emperours court , and two or three consuls at the places or residences of trade ( whereof there is no greater number ) to hold correspondence with the said ambassador , all matters for the security and good of the trade may be transacted . this being premised , i shall take it for granted , that all true english men would for the honour and benefit of their country , have all the places of strength , and all factories , houses , and priviledges in india , which by the present joint-stock of the east - india-company , have been obtained , purchased and setled at the expence of or thousand pounds ; and whereof the said joynt-stock are at present the owners , possessors , and enjoyers , to be upheld and maintained to the nation ; as also , that the said places of strength , houses and priviledges , being justly and rightfully the property of the persons interessed in the now joynt-stock , they ought not to be devested of the same without giving them a due satisfaction and compensation . if an english-man ought not to have any of his ground or estate in england taken away for publick use , without a compensation , and that parliaments have been always very careful in such cases to provide accordingly , as in the bill for building the city ; i do not see why an english-mans propriety in forts , houses , and estate ( that is to say priviledges in foreign-countreys ) is not as much his right , as if it were within the kingdom ; and it is to be feared , that he that will not scruple to devest an english-man of his property abroad , will , if opportunity offer , make as little scruple to do it at home . i shall farther take it for granted , that in reference to the present state of the kingdom , it may not be proper to desire the laying of a tax on the people for the raising such a sum to make that compensation : i must therefore suppose , if those persons that press for a change and alteration of the manner of the east - india-trade , be english-men and friends to their countrey ; their intentions are , that the succeeding trade should both give a compensation , and maintain the growing charge . i apprehend they design , that the now joynt-stock should cease and determine , as to any farther trade , save only to get in what goods and debts they have abroad , and that the trade in future should be left to be managed and carried on by particular persons , according as every one should think good to adventure , without limitation or restriction as to the quantity , quality , and prices in buying and selling of goods to be sent out , or returned home ; yet that there should be a company by law established and impowred to raise impositions on the trade , for the upholding and maintaining all the places of strength , factories and priviledges that are now enjoyed , for the mutual and equal benefit and advantage of all the english that shall trade thither ; and ▪ for the same intent to entertain negotiations , keep entercourse , and make treaties with the kings and governours in those parts , as formerly : and also , that out of such impositions , so to be raised , a proportion should be set out ( which i conceive cannot be less than ten thousand pounds per annum , to be divided from time to time , amongst the present adventurers , for the use and loan of the said places , factories , and priviledges ; and that all the rest of the money raised by the said impositions , be employed for support of the charge of the government , and defraying the growing charge of maintaining the said places of strength , factories , and priviledges , and of all publick negotiations and treaties with the kings of those countreys as aforesaid : whereof the said company should be obliged to keep a due account : and also that the said company should be further authorised and impowered to make and establish from time to time such general rules and orders for the regulation of the trade , as shall be found convenient and necessary for the interest of the kingdom ; unto which , all persons trading into those parts , should be obliged to conform : all which is agreeable to the instance proposed of the turky-company . now let it be considered how uncertain and insufficient such a method would be for the securing the trade to the english-nation , in comparison of that which is at present in a company , and in a joynt-stock ; for now there is a stock or fond of at least a million of pounds sterling alwayes engaged , and in the power of the governor , deputy , and committee , to make use off for the necessary defence of the trade . but when this stock is divided , and there remains nothing to answer the charge , but the impositions daily raised on the trade ; it will not only be difficult to know what proportion to lay , but also it will be uncertain , what ever sum is set by way of imposition , to know whether it will be sufficient to answer the charge ; for it depending arbitrarily on the pleasure of particular persons , whether they will trade or no , and for what value ; the money arising by such impositions , must be less or more according as the trade is . there will be a certain and constant charge , besides intervening occasions that may encrease it ; and an uncertain and inconstant revenue to answer it ; and it will undoubtedly fall out , that when the charge is greatest , the receipts will be least ; if a time of war should happen ( and such a time we may fear will come , and ought to provide for before-hand ) the charge of raising and maintaining a greater number of souldiers , and supplying all necessaries for security against an enemy , must be much augmented . in the last dutch-war the company at one time were necessitated to raise soldiers for the security and defence of bombay against the dutch ; and yet in such a time there will be little or no trade , and so consequently little will be raised by the impositions : every man will pull his neck out of the collar , and when hazards are great , few will adventure . if the spring from whence the supplies of money should come , be dried , what can be expected ? point d'argent point de suisse , without money no souldiers can be had ; and so it will necessarily follow , that all must be lost , and fall into our enemies hands ; which , how dishonourable , as well as how prejudicial to the kingdom , that would be , let all men judg . could we suppose ( which yet can hardly be supposed ) that in such an emergence the kingdom should be taxed extraordinarily to raise a supply particularly for this service ? would it not be very hard upon the people , when they had other pressures upon them , to pay it ? and yet without supplies , all our trade to india , and all our interest there , would be lost ; and how great a loss and weakening that would be to the kingdom , may be judged by what hath been before mentioned of the advantages and benefits arising to the kingdom from the east-india-trade . but suppose some expedient could be found for security of the trade of the english to india , and of their interest there , in as certain a way as it is now by a company in a joynt-stock ; which ( pardon me , sir , if i say ) i believe is impossible without a publick charge on the kingdom . yet in the next place it is to be considered , whether in probability the trade may be as much or more improved for the publick and national benefit under a regulation , than by a company in a joynt-stock . the gentleman barrister infinuates in the close of his late letter , that the east-india - trade might be so managed under a regulation , that five times the trade might be gained , and the price of our own manufactures of cloth , and others advanced by the multitude and freedom of buyers ; and the price of goods imported , much lessened to the english , and much more trade with india - commodities gained to other parts of the world. but by the gentlemans favour , i must crave leave to be of a contrary opinion . in the first place , i cannot comprehend how it is probable , that particular and private persons ( for the trade will be carried on only by such , under a regulation ) should gain so great a trade , much less more , and five times more , than a company in a joynt-stock . the trades that are to be gained , whereby to render the east - india . trade yet more advantageous to the kingdom in some respects , than at present it is , are chiefly the trades to china and iapan ; at which places were our trade once well setled , in all likelyhood more considerable quantities of our woollen-manufactures might be there vended , and from thence in return thereof , both gold , silver , and copper might be brought to supply at least ( in a great measure ) the trade in other parts of india ; without carrying out so much from europe : but these trades are not so easily gained as some may fancy ; great hazards of considerable stocks must be run , and large disbursements in expences made in order thereto ; one design laid and put in practice to accomplish it , after such hazards and disbursements , may prove ineffectual , and the labour and charge all lost . another way and method must be essayed ; this cannot be expected or hoped for from particular persons ; their capitals cannot bear such expences , nor will they subject themselves to such hazards which might ruine them in their estates . if it could be supposed that some few should adventure to make an essay , we could not imagine that it should be in a national way ; i mean in such a manner as might represent the english-nation considerable to the princes of those countreys , and so procure from them a settlement for the trade of the english in their dominions , and one disappointment would discourage private persons from any future attempt . the present east - india company having so great a joynt-stock to bear them out , have made often trials to gain these trades . as to the trade of china , after many attempts , hazards and expences , they are in some good hope to succeed ; and as to that of iapan , though they have met with very great difficulties and disappointments in the attempts they have made , one undertaking about three years since for the gaining of that trade , though designed with all the care and circumspection possible , proved ineffectual , to the companies loss of at least thousand pounds ; which , though a very great sum , was not ruinous to any , because of the great number of persons that bear it , and the largeness of the fond out of which it is supplied : such a loss would have undone private persons , and have rendred them incapable of any future attempt . but with a company in a joynt-stock it is otherwise , they are yet prosecuting the design , and contriving and forming new methods to bring it about ; and it is probable that by unwearied endeavours with great hazards and charge , they may in process of time accomplish it . but without a company in a joynt-stock , we may bid adieu to all hopes of ever obtaining a settlement of trade in china and iapan for the english-nation . in the next place , that is to be examined and enquired into , which our barrister particularly suggests , viz. that such a regulation would advance the price of our own manufactures of cloth and others , by the multitude and freedom of buyers , and much lessen the price of goods imported to the english , &c. if i do not mistake , that which he here intended is , that all persons being at liberty to trade for india under a regulated company , there would be more buyers of cloth , and other goods in england to send to india , and so the prices would be raised here by the multiplicity of buyers ; and on the other hand , the prices of india-goods would fall , and be lessened in england for the same reason ; viz. because of the multiplicity of sellers . from hence it is easie to collect , that the person from whom our lawyer took his information touching trade , was no merchant , but some clothier or shop-keeper , that had very little knowledg or understanding of the kingdoms interest in trade , and took his measures from some private and narrow concern : for he looks no further than the buying and selling in england . he would have the english merchant to buy dear , and sell cheap ; to buy cloth dear of the clothier , and sell callico cheap to the linnen-draper ; and he desires a freedom of trade , that the multiplicity of buyers for the one , and of sellers for the other , might effect it ; and thereby ( as he would have us believe ) the kingdom would be enriched ; whereas , upon a due and serious examination , it will he found , according to the maxims of trade , and dictates of reason , to be quite otherwise . who is there that hath in any competent measure studied and considered trade , in reference to the kingdoms interest , but knows , that all buying and selling within the kingdom from one english-man to another , is but a changing of hands , and doth neither add to , nor diminish the stock or riches of the nation ; it must be the dear selling , or rather the selling of great quantities of our native commodities and manufactures in foreign-parts , and the cheap purchasing by the english of commodities in foreign-countries , whereby the kingdom is enriched . and how inconsistent herewith the gentlemans notion is of dearer buying , and cheaper selling in england . by means of a free trade under a regulation , will appear , if you please to turn the tables , and apply that to english-mens selling and buying in east-india , which he doth to their buying and selling in england , english cloth , and other goods will fall and be lessened in price in india , because of the multiplicity of sellers there , and india-goods will rise and be augmented in their prices in india , because of the multitude and freedom of buyers there : so that upon that very ground and reason which the gentleman brings for a freedom of the trade in opposition to the company in a joint-stock , it is very apparent that it is the kingdoms interest not to hearken to him ; for pray consider , what the issue and consequence of this would be at the long-run . the particular english-men , traders to india , vye upon one another in the buying of their cloth , and other goods in england , and so for one year or two ( it may be ) raise the prices in england , and on the other hand , in india they fall the price , and under-sell one another , to get off their goods , and make returns ; some hereby will lose by their goods , selling cheaper than they cost ; others will not be able to put off their goods , and so can make no returns , and be either necessitated to let their ships come home dead freighted , or to take up money , leaving their goods in pawn , and so not only pay a high interest , but hazard the spoiling of their goods in those hot countries ; when all or most of the particular traders shall on this account find a loss by their english goods , what probability is there that they shall continue to send any , and so that the exportation of our english manufactures should encrease ? the company in the joint-stock have managed their affairs with such prudence , and with so great regard to the kingdoms interest , that from to clothes at most , which were sent in former times , they now send annually whole broad cloths , and upwards , and are still endeavouring to enlarge the vend as much as possible . the way to attain which , is not by such means to raise the prices in england on english-men transporters , nor by such a cheap selling abroad , as renders the english merchant a loser , for that cannot continue , but by an industrious endeavour to introduce the use of them in those countries , and by gaining and selling trade in those places where our drapery is most useful and vendible ; and that a company in a joint-stock is far more capacitated for this than private persons , is not only deducible from reason , but evidenced from experience . as to goods imported from india , and sold in england , the multitude of buyers in india raising the prices there , and of sellers in england , lessening the prices here , cannot but be very contrary to the kingdoms interest . and this will appear demonstratively , if you consider , that not above one part of four of the goods brought from india into england are here consumed , the other three fourths are transported into foreign , parts . now if the prices of the one fourth part for the consumption of england be lessened and brought down , the like must inevitably follow for the other three fourths that are sent abroad . an english-man sends out four hundred pounds , or the value thereof , and with it purchaseth goods in india , and brings them for england ; suppose one fourth part of those goods are sold for the consumption of the kingdom ; whether they be sold by the merchant to the shop-keeper , for l. or for l. it is all one as to the kingdoms concern ; for in reality they stand the nation in no more than what they cost in india , and that is only l. the merchant , or the shop-keeper , or the consumer , may have more or less , which is all the same thing as to the nations concern . but as for the other three fourths , if they be sold for foreign markets so cheap , that they yield but l. then the kingdom gets only per cent thereon , whereas if they be sold for l. the kingdom gets per cent. in the case of an english-mans trading with foreigners , what the english merchant gets , the kingdom gets , it being so much addition to the publick stock ; so that the nation would lose by the cheap selling of india-commodities in england , and the real interest of the kingdom is , that the english merchant should buy them cheap in india , and sell them dear in europe , which the gentleman 's own argument evidenceth to be most probably effected by a company in a joint-stock . besides , as to the building and maintaining of ships of great burden , and proper for warlike service to be made use of for defence of the kingdom on occasion , which is very much the publick interest , it cannot be imagined that private particular persons should ever be able to advance the same in any proportion to what the east-india-company in a joint-stock hath done . further , the east-india trade in a company , and a joint-stock , is far more national as to the number of persons that have benefit thereby , than possibly it could under a regulation ; for then none could trade to india but merchants that understood the trade , and not all merchants neither , but such only as had great estates , and were able to stay two years at least out of their money ; which few are in a capacity to do . so that the trade would be confined into a few hands , ( or at most , ) whereas , now it is in a company and joint-stock , noblemen , clergy-men , gentlemen , widows , orphans , shop-keepers , and all others , may have stocks there , and reap equal benefit thereby . there are at this day about six hundred persons which appear on the companies books to be interessed in the east-india stock , and under them , it may be many more ; whereas , if the trade were put under a regulation , three fourths , or more , of those persons could have no interest in it , or benefit by it . i shall not farther enlarge on this subject , and beg your excuse , that i forbear to say any thing of the third particular you mention in yours , viz. whether some orders and rules may not be necessary to be established for the improvement of the east - india-trade , in a company with a joynt-stock , other than what at present the company is in the exercise of . i have in the general told you my thoughts freely , that a company with a joynt-stock is in my apprehension the best way for the management of that trade to the kingdoms advantage . some reasons i have given you , that induce me to be of this judgment , which i leave to your consideration . for a close , give me leave by way of enquiry to ask you , what should be the reason , that the present east - india-company hath so many enemies , and is so much talked against almost amongst , all sorts of men ? is it because some persons that would not subscribe at the beginning of the stock , nor vet afterwards , when the books were laid open , are filled with envy at the companies prosperity , and would ruine all , because they are excluded by their own default ? there may be much in this , and yet any that will , may buy stock , according to the market-price when they please . is it from some averseness or dissatisfaction to the government , that they cannot be content any thing should prosper and thrive under it ; this stock having prospered and advanced exceedingly since his majesties happy restauration , beyond what it did before ? i cannot believe that any are so vile and wicked . is it that some persons are influenced from our neighbours , that have still been labouring to turn every stone that might have a tendency to destroy the english east - india-trade ; and they well know if they can unhinge the present joynt-stock , they have done a great part of their work ? is it that some apprehend , that under a pretence , that the nation decays in their stock , rents , and trade ; hue and cry is like to , be made to find out the causes and occasions of it , and so would set the east - india-company in the way to answer the charge , and stay farther pursuit ? whence is it that the clothiers and others in several counties are so earnest and clamorous against the said company , as if they were the occasion of all the evil the nation is under , by their not sending abroad more of our drapery ; when as it is apparently known that the east - india-company have of late years bought and sent to india , ten times more of our drapery than was usually sent in former times ? so that they cannot occasion the decrease of the vent of our drapery , that have so much augmented it ; and the true causes must lye elsewhere : whether because the trade of france takes not off one tenth part of the english-drapery , it formerly did ; or because of the setting up of the woollen-manufacture in ireland ; or for what cause , i leave others to judg ; but am sure the east - india-company could be no cause of the decay of the vent of our woollen-manufactures , though the cry is made against them . a little thing may serve to destroy and ruine the trade ; but it will be a difficult matter to regain so advantageous a trade to the kingdom , if it were once lost : and therefore i hope that all who seriously and sincerely consider the kingdoms interest , will be careful to prevent so great an evil , as the loss of the east - india-trade would be to the nation , &c. finis . errata . pag. . lin . . : would all be ? if there were no foreign trade , p. . l. . for has . as . a second courante of newes from the east india in two letters. the one written by master patricke copland then preacher to the english in the east india, to master adrian iacobson hulsebus preacher to the dutch. the other written by master thomas knowles factor there &c. by both which letters you may vnderstand of some other occurrents betwixt the english and dutch in those parts copland, patrick, ca. -ca. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : , : ) a second courante of newes from the east india in two letters. the one written by master patricke copland then preacher to the english in the east india, to master adrian iacobson hulsebus preacher to the dutch. the other written by master thomas knowles factor there &c. by both which letters you may vnderstand of some other occurrents betwixt the english and dutch in those parts copland, patrick, ca. -ca. . knowles, thomas, fl. . aut [ ], , [ ] p. s.n., [london] : printed the . of februarie, . stilo nouo. reproduction of the original in the folger shakespeare library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. -- early works to . british -- indonesia -- history -- sources -- early works to . indonesia -- history -- - -- early works to . - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - tcp staff (oxford) sampled and proofread - tcp staff (oxford) text and markup reviewed and edited - pfs batch review (qc) and xml conversion a second covrante of newes from the east india in two letters . the one written by master patricke copland then preacher to the english in the east india , to master adrian iacobson hulsebus preacher to the dutch. the other written by master thomas knowles factor there , &c. by both which letters you may vnderstand of some other occurrents betwixt the english and dutch in those parts . printed the . of februarie , . stilo nouo . reverendo in christo fratri d. domino adrian iacobson hulsebus apud iackatra nenses batavos praedicatori , salutem & pacem ab authore vtriusque . louing brother : i haue receiued your letters , and according to your desire , haue returned these few lines in answer thereunto . if i haue not so fully satisfied the particulars of your letters , as i wished and purposed , i pray you impute it not to any want of will , but vnto my disaquaintance with your dutch tongue and hand : i should peraduenture haue giuen you better satisfaction then now i doe , if you had written to me in the latine tongue . but to leaue excuses and come to the matter , the thing you touch in your letter is but too too true , to wit , that the hatred and dissension among christians ( if it continue , as god defend it should ) is , and will be the cause of much innocent bloud-shedding amongst friends , and of estranging the hearts of heathens , from the worship of the true god. and therefore that enimitie amongst friends may cease , and that such as are as yet without , may bee allured to submit themselues to the scepter of iesus christ : it standeth vs vpon ( who are preachers of the gospell of peace ) to be instruments of peace , which for my owne part how willing i am to doe , is not vnknowne to such as know my selfe , and among whom i doe daily conuerse . i haue alwaies both in publike and priuate , by letters to our worshipfull company in england , and by liuely voice to our commanders here in the indies , declared how good a thing it is for vs that are christians , professing one faith , one christ , one baptisme , to liue in peace , and to dwell together in vnitie . and of this my earnest desire to be a peace-maker , master brancraft your master of the black-lyon , who remained after his taking some weekes aboord of the royall iames , can giue euident testimony & witnesse . and now that you haue written to this end , i will stir vp my selfe , and set a fresh vpon the worke of reconciliation . it is pelfe indeed and pride , that is the make-bate breeding strife and discord : for , had not the riches of the moloccos and the robbing of the chinaes and others by you , vnder the english colours , fathering thereby your theft vpon vs , cast you into a deepe and deadly lethargie , you would not as you haue done , haue abused your best friends abroad , that haue shed so much of their deerest bloud in defence of you and your country at home ; but now you are freed from the spaniard at home , you fall out with your frends abroad . is this the recompence of our loue and bloud shewed vnto you , and shed for you , to keepe you from the supposed thraldome of spaine ? did dauid thus reward his three worthies , who aduentured their liues to satisfie his longing , & to quench his thirst ? did he not say , lord be it farre from me that i should doe this : is not this the bloud of the men that went in ieopardy of their liues ? sam. . . doe you thus requite vs , as lot did abraham , who when as hee with the . that were borne and brought vp in his house , did recouer lot and his goods and women out of the hands of the conquerors , cared not for him but to serue his own turne , and being deliuered did in a manner scorne abrahams company . well , though abraham being the elder and worthier might haue stood vpon his right , yet yeelded of his interest , that hee and lot might liue as brothers , and the rather because both of them at this time soiourned among the cananites and pheresites , who were ready to take notice of their discord , and so to curse their god , and holy religion . yet what gained lot by separating companie , but a showre of fire and brimstone , which rained vpon sodome wherein he liued , and would haue consumed both him and his , if god had not beene mercifull vnto him at abrahams request ? it is not long of the english that wee expose our selues to the mockery of infidels : our company loue peace , and trade peaceably : they haue put vp for peace sake more wrongs at your hands , then they meane to doe againe . you write and publish to the world that the sea is free , and yet by your encroaching vpon it , are not you both the mothers and nurses of discord ? one of our commanders , wrote ( as i thinke , or at least sent word by one of speciall note amongst your selues ) to coen your commander concerning a parly before the shooting downe of our turret at iackatra : but the first and last newes wee heard of him , was it not the beating downe of our house there , and the defaming of our nation , with penoran at bantam and others here ? and thinke you that this is the way to make peace ? the present captaine of your fort at iackatra promised to the right worshipful sir thomas dale our chiefe commander , vpon the faith of a christian , that m. peter wadden ( now your prisoner ) should haue free ingresse and egresse in and out of your house to parley betweene vs , to retourne to our ships : and yet is either promise or oath kept ? hath he not , and doth hee not continue your prisoner to this hower ? you remember iehu his answer to iehoram , what peace whiles the whoredomes of thy mother iezabel , and her witchcrafts are yet in great number ? king. . . no sound league of friendship or reconciliation can be made , or being made can continue , till the wrongs which men haue done one to another , be reproued , and remoued ; and satisfaction giuen by word and deed , where it may possibly be performed ; else it will be like a wound or sore , that being cured outwardly to the eye , doth bleed and fester inwardly ; many hollow reconciliations are daily made amongst men , which afterwards breake out to the hurt of both parties , and scandall of others : as a wound that is ill cured , by an vnskilfull or an vnconscionable chirurgion . as for mine owne part , i would to god that if it were possible , i might with all my best skill and cunning bee the chyrurgion to cure this wound , that our reconciliation , when euer it shall bee made , may not be hollow , but holy and firme : yea i wish from my heart , that my very bloud might be the milke to put out this wilde fire which now is kindled , and ( if it be not quenched in time ) is like to deuoure , not onely the ships and goods ( as it hath done some al ready , and is like to doe precious lives , of many of both nations and of ( it is like ) will but se the time that euer the english and dutch knew the indies . all 〈◊〉 〈◊〉 one side , there must be a yeelding of both 〈◊〉 , if euer there be a sound peace 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sides 〈◊〉 〈◊〉 who shall begin ●●●●●eer , what avalleth anger without strength to beare it out ? what is fiercenesse of spirit without wisdome of heart ? but euen as fooles bo●● against himselfe . and to such a one may not the saying of archidamus to his sonne , being too foole-hardie , be as fitly applied as a gloue to a mans hand 〈◊〉 sonne put to more strength , or take away some of this courage ? you cannot be ignorant that when herod intended to make warre against the tyrians and sidonians , how they came all with one accord , & perswaded blastus the kings chamberlaine that they might liue in peace , or else they should all of them be starued , act. . . take heede you come not to this when it is too late . are you so well able to liue of your selues in holland , that you haue no need of your neighbour countrey england ? are you so high aboue the waters , that the sluces of heauen cannot drowne you ? or are the seas so low beneath your netherlands , that you feare no deluge ? shebna the treasurer , was he not as surely seated as your graue is in holland ? or the greatest amongst you here in the indies , euen coen himselfe ? and yet was hee not tossed vp and downe as a foote-ball in a strange countrey ? and were not the chariots of his glory the shame of his lords house ? esay . . but i haue runne my selfe a little beyond that i intended , and now to recouer my breath , by these lines i promise , and by word and deed will , god willing , with saile and care labour to bring to passe , that we may liue as friends and neighbours both here and at home . thus i haue returned you an answer to that you desire , and looke that both of vs should doe our best endeuour for the good of our present fleets , and of such as hereafter may liue to blesse vs. from our royall iames riding neere to bantam rode , this . of aprill . your louing brother patricke copland . from aboord the bee in the rode of iacquatry on the coast of iava , the of febr. . avgust the second . our ship and goods were taken by the flemmings in the strait of sinday neere bantam , and set a shore at iaquatry . september the . , the flemmings disperst vs into their ships , and on the coast of sumatra the first of october . they tooke foure other english ships , viz. the dragon , the beare , the expedition , and the rose . and on the second of october they turned vs all a shore at tekoo amongst the indians , where our merchants had no trade , but for eight dayes . we were then . and odde men , all or the most part vndone . about . men were killed in fight . they left vs the little rose to shift for our selues . october the . . there came into the rode out of england three other ships , the paltegraue , the elizabeth , and the merchants hope . from tekoo we sailed to and fro , and at length came to anchor at an iland called amyncan , where we had fresh water and some fish , but is no place of trade , nor is there any man that knoweth of any thing that growes vpon it . the people are thought to be man-eaters . after this we returned backe for tekoo , and neere the same ianuary . . we met with generall prynne in the royall iames , and his whole fleet of ships in number nine . all the fleet being then twelue goodly ships , were resolued to saile for bantam : and in sight of two flemmish ships ( which we purposed to take ) captaine adams in the ship called the bull , together with one of the flemmish ships came vp with newes of peace . we then sailed for iaquatry , where by the way met vs . saile of goodly flemmish ships , with whom ( had not the peace then come ) we must haue fought it out . but peace being then concluded betweene the flemmings and vs , our english factorie was againe setled at iaquatry ; and the ships diuided some for one place , some for another . aprill . . the royall iames , and a ship of some . tonnes , called the vnicorne , set saile for iapan , the distance neere about . leagues . iune the second . the vnicorne was cast away on the coast of china , neere a certaine iland called the macoio iland . in the ship were two english women ; both which , and all the men were saued : for they ranne the ship neere the shore . most part of all their goods they lost . as we sailed for iapan , at a place called puttany , we heard of captaine iordayne , who being there with two ships , called the hound , and the samson , there came into the rode and fought with them three flemish ships : captaine iordayne was slaine in that fight , and the flemmings tooke both their ships . december . . the great iames being well trimmed at a place called farando in iapan , came away from thence : and ianuary the . . we arriued safely at iaquatry , where shee is now loaden for england . the ships that since my comming from england , haue beene taken and lost , are the sunne , cast away neere bantam ; the starre , taken neere bantam ; the dragon , the beare , the expedition , and the rose , taken at tekoo ; the hound and the samson taken at puttany ; the vnicorne cast away on the coast of china ; two or three other ships taken and lost at the mollucas . men of good command , dead , are , captaine parker of plymmouth , sir thomas dale , captaine iordayne killed at puttany , captaine bunnier killed at tekoo while we were at iapan . the flemmings yeelded vp againe the starre to the english , and shee is gone to the mollucas . thomas knowles . the lawes or standing orders of the east india company east india company. approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : - (eebo-tcp phase ). a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the lawes or standing orders of the east india company east india company. [ ], p. e. allde?], [london : . printer's name suggested by stc. includes index. reproduction of the original in the british library. created by converting tcp files to tei p using tcp tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between and available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the , texts created during phase of the project have been released into the public domain as of january . anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. % (or pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company -- legal status, laws, etc. -- early works to . east india company -- administration -- early works to . - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the lawes or standing orders of the east india company . . a table contayning the seuerall heades from whence all the orders in this booke are drawne . anno dom. . a. armorer pag. auditors in the court of committees auditors generall accomptants generall audit of accompts . b. boatswaine generall boatswaines of ships beadle of the company boat-maker . c. courts clarke of the yarde clarke of the cordage clarke of the yron workes clarke of the slaughter-house . cooper chirurgions of ships committees of the yarde comittees of the warehouse . clarkes of the warehouses carpenters in ships cookes committees generall comittees for commissions . pag. committees for entertaining of marriners clarke of the stores in london . chirurgion generall committees for prouisions of victuals , stores , and prouisions to the ships comittees which take accompt of olde prouisions and stores committees to appraise the ships which returne home comittees which discharge the companies ships clarke of the jumprest money caruer . d. deputy . e. election of officers . f. factories in the jndies freedomes . g. gvnner pag. gouernour generality gratifications guardians to recouer olde stores returned in the ships . h. hvsband . i. ioyner . k. keeper of the stores in the downes . l. lawes or orders . m. measurer of timber mast-maker masters and their mates . method of the generall accompts . p. pylot purueyers for timber and planckes paynter purcer generall porter of the lodge purcers and their mates penalties porter of the companies house in london . pag. q. qvarter masters . r , remembrancer . s. shipwrights seruers of iron workes to the building of the ships . smith steward secretary solicitor in the law solicitors for bils of debt sales of marchandize . t. treasurer trade taphouse . v. vouchers of accompts . w. workmen in the yards . watchmen in the yarde wages warrants . lawes or standing orders , made and ordeyned by the governovr and company of marchants of london trading to the east indyes , for the better gouerning of the affaires and actions of the said company heere in england residing . anno dom. . courtes . i. there shall be generall courts summoned , and kept euery yeare by the gouernour or his deputy on the first day of the moneth of iuly , or on all the fiue dayes next following if neede shall require , for the election of a gouernour , a deputy , treasurers , and committees , according to his maiesties letters patents . ii. also there shall be a generall court summoned by the gouernour or his deputy to be kept yearely on the last tuesday in the moneth of may , in which court the lawes or standing orders of the company shall be publiquely read , if it be required . and then if there be occasion , or that inquiry be made , the auditors in the court of committees shall satisfie the company concerning the performance of their said lawes or orders . iii. the gouernour or his deputy vpon the arriuall of the companies ships out of the jndyes , or any other needfull occasions , shall summon a generall court , and there deliuer and debate the affaires of the company so farre as shall bee found conuenient . iiii. the gouernour or his deputy and the committees shall keepe their ordinary courts , and as many other extraordinary courts and priuate meetings , as shall be needfull for the speedy dispatch , and ordering of the companies affaires . v. it is ordered , that vpon receipt of publique letters from the indyes , there shall be courts summoned and continued dayly , by the gouernour or his deputy and committees , vntill all the said letters bee openly read by the secretary , or by any other whome the court shall appoint . vi. all courts shall begin at eight a clocke in the morning , and two a clocke in the afternoone , and shall dissolue at the rising of the gouernour or of the deputy in his absence . vii . it shall not bee accompted a court of committees except ( besides the gouernour or his deputy ) there be also present , thirteene committees at the least , neither shall it bee lawfull for a lesser number to chose a commaunder , factor or officer , or to displace any of them , or to make their wages , or to gratifie and reward any man , or to conclude any other important matter in the affaires of the company . viii . in debating the affaires of the company in a court of committees , where the matter is brought to the question , of the gouernour , deputy and committees onely ( and no other persons whatsoeuer ) shall haue their voyces , and the resolution of the greater number , shall stand for an order . ix . in the first court of committees after euery quarter day , the treasurers shall bee intreated to signifie in writing what summes of money the company are indebted at interest . and the auditors shall be then called also to testifie the true and faire passage of the busines , in the behalfe of the company . x. at the first or second court of committees next after their election , yearly the particuler imployments of the said committees for the buying of seuerall prouisions and other dutyes shall bee assigned them by the court. xi . it shall not be lawfull for the gouernour , deputy , treasurers , or any of the committees to make a motion , or speake in court in the behalfe and for the entertainment of any , who hath bin iustly condemned as a malefactor or wrong doer to the company , except they doe shew a manifest necessity for the imployment of such offenders . xii . no man shall be present in court , whilest himselfe or his cause passeth the iudgement of the court. xiii . it shall not bee lawfull to alter , diuert , or breake any order of court of committees , where there shall not concurre as great a number of committees as were assembled to the making of such an order . xiiii . at the first court of committees after euery quarter day , the billes of all expences disbursed by the gouernour , deputy , treasurer , committees , and all other inferiour officers , concerning boat-hire , horse-hire , postage of letters , dyet , and all other petty charges in their occasions for the company , shall be openly read , and after deliuered to the auditors to be examined , approued and signed , before any warrant passe for payment of the saide expences . xv. and to preuent the dangerous disturbance of the generall courts by vnciuill intruders , and such as are no members of this company , it is ordered that the court of committees , shall appoint some of the companies officers to withstand the entrance of such persons into the said generall courts , for elections and other consultations . gouernour . xvi . the gouernors office is to summon and keepe the courts ordinary and extraordinary , in all which , hee is to haue a casting or double voyce . xvii . he is to haue a care that the deputy , treasurers , committees , and officers , doe take their oathes as they are chosen ; or being absent , at the next court they come vnto , and that they keepe their meetings in all occasions of businesse for the company ▪ xviii . the gouernour at his pleasure shall sit in any court or assembly of committees , ordinary or extraordinary ( except the matter doe concerne himselfe ) and he is to moderate the courts , causing grauety and good order to be obserued . xix . he is to haue care that all the orders of the courts be duly performed , and that the committees , or other officers appointed to seuerall businesses doe prosecute the same , and giue reasonable accompt of their doings to the court. xx. the gouernour vpon receipt of publique letters from th indyes , shall presently assemble a court of committees , and in their presence , and by their assents , shall cause them to be opened , registred , and after read in open court. and the like shall be performed with all the letters directed to particuler men from the companies factors or commanders in the indyes . xxi . hee is to propound and put all thinges to question , which the court shall require ( being not contrary to his maiesties letters patents ) or the standing orders of this company . xxii . the gouernour is to attend his maiesty , and the honourable lords of his counsell , vpon all occasions requisite , and to be accompanied with such persons as the court shall appoint . deputy . xxiii . the deputy ( in all matters which concerne the company ) is to assist the gouernour , in whose absence he shall performe his office , to keepe the courts vpon all occasions requisite , and in them hee shall haue a double voyce . xxiiii . hee is to haue care that the gouernour take his oath openly in court when he is chosen , or being absent , at the next court he commeth vnto . generality . xxv . a speciall care is to bee had in the choyse of the gouernour , deputy , treasurers , and committees , that they be not onely fit men and of the best experience in marchandizing , but also such as may and will attend the busines . xxvi . in matters which concerne the company , all the perticular members thereof shall be subiect to the generall courts . and if any man refuse to obey the said court , hee shall be both disfranchized , and further proceeded against as the cause shall require . xxvii . all the perticular members of the company , who haue vnderwritten any aduentures , in the present second ioynt stocke , or shall hereafter vnder-write aduentures in any other stocke or voyage , shall bring in their iust proportions of money vnto the treasurer of the company , at the times appointed by a generall court , wherein if any man faile , he shall pay the brokes imposed vpon such defaults . and also if vpon further warning , and a certaine day giuen him by the said court , hee doe neglect to make due payment , the company haue power to disfranchize him . xxviii . and whereas it falleth out at the setting forth of any voyage , or at the returne home ; that good summes of money is sodainly to be taken vp at interest for payment of mens wages and other occasions ; for which diuers perticular men of the company are intreated by the court of committees to giue their bonds ; it is therefore ordered and agreed , for the better security and incouragement of such as shall at any time hereafter giue their bonds to this effect , that they shall not onely be saued harmelesse by the generall company , but also for their better indempnity , they shall likewise haue seuerall counter-bonds vnder the companies seale , if they shall so thinke good . xxix . it shall not be lawfull for any man to transport his aduentures to another man , otherwise then in open court of committees , and not before it doe appeare vnder the accomptants hand , that the party transporting is not indebted , or his aduenture engaged vnto the company . xxx . if any man in office , or otherwise a member of the company , be found through bribery or corrupt reward , directly or indirectly receiued , to preferre a suter , performe a bargaine , make a motion in court , or doe any other thing , tending to the hurt or damage of the company , he shall forthwith be made vncapeable of any office in the company , and also be fined as the court shall see cause . xxxi . euery man speaking in court shall stand vp and be barcheaded , and shall addresse his speach to the gouernour , or deputy in his absence , as representing the court : and all priuate speaches , or directed to particuler persons shall be forborne . xxxii . no man in court shall speake aboue thrice to one matter , saue the gouernour and the deputy , being to moderate the busines . xxxiii . no man with his speach shall interrupt the speach of another before he haue finished , ( except the gouernour ) or in his absence the deputy see cause to put any to silence , for impertinency or other vnseemely speaking , and such persons as doe obstinately offend herein , shall be fined at the discretion of the court. treasurers . xxxiiii . the office of the treasurers is to keepe the generall cashes of the company for receipts and payments . in which they shall performe nothing concerning payments , without sufficient warrant from the gouernour or his deputy , and foure committees at the least , vnder their handes to vouch the parcels in the audite of their accompts , onely the payments to aduentures vpon stocke , shall passe by the warrant of the auditors in the courts of committees . xxxv . they shall giue perfect acquittances to all the aduenturers , or any others who pay in summes of money to the company , and they shall likewise for their discharge take plaine receipts for euery parcell of money , which they shall pay forth vpon warrants . xxxvi . they are to keepe a cash of purpose for all the spanish ryals which shall be receiued and issued for the company . xxxvii . they shall at the dispatch of any of the companies ships , deliuer vp vnto the accomptants a true and perfect note of euery chest or bagge of ryals , seuerally setting downe the numbers of peeces and the iust weight , to the end they may bee inuoiced accordingly vnto the factors in the indyes . xxxviii . they are to keepe the bonds and other billes , for debts owing to the company , and to call for the payment of all when they fall due . xxxix . in the first court of committees after euery quarter day , they shall there signifie in writing , what summes of money the company are indebted at interest . xl. they are to acquaint the court of committees with the names of such aduenturers , or other debtors , who neglect to bring in their monyes at the due times , so that some speedy course may bee taken for recouery of the debts . xli . they are to haue the custody of his maiesties letters patents to the company : also all the orders , letters , directions , and other writings from his maiesty , the lords of his counsell , and other great officers ; together with the letters from the east india company in holland , and the coppies of the seuerall answers made vnto them . also the companies common seale , the treaty with the dutch , and contracts for bargaines . all which writings , together with the companies money , ryals and other treasure , are safely to be kept in some conuenient place of the companies house , for their ordinary meeting in london and not elsewhere . xlii . they shall not pay a warrant in full payment for any wares whereunto the bill of parcels is not fastened , and also subscribed by two committees at the least who bought the goods , and the party who solde them for the vse of the company . xliii . they shall keepe faire bookes of accompts of their proceedings in the affaires of the company , and they shall prepare them to be audited once euery quarter at the least . and at the times of the said audits , they shall also present a view of all the money and ryals which ought to be in cash , if it be required by the court. committees generall . xliiii . the committees generall , being to bee twenty foure in number , shall be yearely chosen , according to the tenor of his maiesties letters patents . xlv . they shall diligently keepe their courts ordinary and extraordinary , whensoeuer occasion of busines shall require , being summon'd by the gouernour of this company , or his deputy . xlvi . they shall performe the orders of courts for setting out of ships , selling of goods , buying of prouisions , victuals , stores and marchandize : wherein especiall care is to be had , that no one man alone is to be intrusted with the making of those prouisions , but two at least appointed vnto it by the court : and if any one committee be absent , the other shall not conclude any bargaine for the company , before hee haue acquainted the court of committees and from thence receiue his order . xlvii . they shall deliuer vp to the treasurer , billes of parcels vnder written by those persons of whom they shall buy any marchandize or prouisions for the company . and in the said billes , the quantity , quality , price , and all other circumstances concerning the bargaines made , shall be plainely set downe to vouch their proceedings . xlviii . they shall not assigne or intrust the buying of any of the said marchandize , prouisions , victuals , or stores , vnto the husband or to any others , but they shall personally performe the charge appointed them by the court , with their best endeauour and skill : but they may vse the assistance of the husband , or any other the companies officers vpon all necessary occasions . xlix . and to preuent confusion , disturbance , or discontents , it shall not be lawfull for any committee to intrude , inter-meddle or deale in the thinges which are ordered by court vnto the charge of other committees , more then by aduise and counsell for the good of the company , in which if any finde themselues neglected , they shall make complaint thereof to the court. l. they shall haue power and authority at their pleasure , to examine and review any of the accompts , which shall haue bin audited and allowed by the seuerall auditors , and if they finde any errors or wrongs done to the company , they are presently to make it knowne vnto the court. li. euery committee shall take an oath as hee is chosen , or being , absent at the next court he commeth to , and shall faithfully performe all the thinges which are contained in the said oath . election of officers . lii . all the offices of this company vpon yearely salary within the realme of england , shall be voyd once euery yeere on the foure and twenty day of iune , or within three dayes next following . liii . the gouernour of his deputy , and thirteene committees at the least , who shall be present in their ordinary place of meeting , on the foure and twenty day of iune yearely , or within three dayes next following , shall proceed to an election of new officers , and establishing of their wages , by the order of the ballating box , or by erection of hands , as vnto the greater number of them present shall seeme most conuenient . liiii . there shall bee a faire admittance of all men , but first and especially of the free brethren of this company , who shall concurre at the time appointed , to the election and preferment of any office in the said company . lv. euery officer as hee is chosen shall take his oath openly in court , or if he be absent , then at the next court which hee shall come vnto being called , and shall giue bonds with such sufficient suerties for their true performance , as the said court shall require . lvi . any of the said officers , vpon perfect knowledge of their insufficiency or other misdemeanors , shall loose their places within the terme of the yeare at the discretion of the gouernour , or his deputy , and thirteene committees at the least , who shall make choyse of others as vnto them shall seeme needfull , and the like in occasion of any officers death . secretary . lvii . the secretaries office , is to attend the gouernour , deputy and committees , in all their courts , ordinary and extraordinary , and also in the generall courts , to take note of their proceedings , which hee shall faithfully and truely ingrosse , into a faire booke for that purpose . lviii . at the beginning of euery court , hee shall reade his collections of the court next before , and he shall faithfully obserue that nothing of importance be registred at the breaking vp of any court when the committees are departed , or doe not remaine in the number of . at the least . lix . hee shall in due time remember and put the courts in minde , of such perticular affaires as are ordered to be handled once euery quarter , or at other certaine times appointed . lx. hee shall be bound by oath not to discouer any of the secrets of this company , neither yet to drawe vp any part of the said courts , by the perswasions or directions of any perticular men whosoeuer , but onely by the authority of the court , according to the very truth of their resolutions and orders . lxi . hee shall vpon reference of any busines from the court to perticuler committees or others , giue a true note thereof vnto the remembrancer , that he may acquaint the parties , with the order of the company . lxii . he shall keepe a booke , and therein by alphabet set downe the names of euery perticular member of this company , and also another booke , in which hee shall note downe the names of them , who shall hereafter be made free brethren of this company , with the conditions : and the like for commaunders , factors , and others who shall be entertained by the court of committees . lxiii . hee shall performe the messages , and write the letters of the company , to such noble personages and others , which shall bee giuen him in charge by the gouernour , deputy , and committees , and the coppies of the said letters , he shall register in a faire booke for that purpose . remembrancer . lxiiii. the remembrancer shall take such information and notes from the secretary , as shall concerne the reference of affaires from the court to a selected committee , whom hee shall acquaint with the busines , the time and place appointed for the same . lxv . hee shall attend the gouernour , deputy , or committees , at their generall meetings in the yard , where he shall take true notes of their proceedings , and bring the same to the consideration of the next court of committees . lxvi . he shall from time to time ( in a booke for that purpose ) deliuer vnto the accomptant generall , all such orders of court as doe concerne the entertainment of commaunders , factors , masters , purcers and the like ▪ or the alteration of any of their wages , or any other thinges which doe appertaine to the companies accompts : that true entry may be made thereof according to the acts of court. lxvii . hee shall supply the office of the secretary in any occasion of his absence , to performe all the duties of his place . husband . lxviii . the husband shall attend and take the resolutions of the court of committees , concerning the shipping which they yearely appoint for their voyages into the jndyes , and thereupon he shall presently drawe out a table of each ships proportions of victuals , ordinary and extraordinary , together with all other munitions needfull : which hee shall performe in a booke for that purpose , to remaine in the common compting-house of this company , for direction vnto them who shall bee appointed to make the prouisions . lxix . he shall vse his best endeauours , and faithfully prouide in due times to the best aduantage of this company , all such petty prouisions and stores as shall be giuen him in charge by the court of committees . lxx . hee shall deliuer vp all the said prouisions and stores , into the ware-houses of this company , and for his discharge he shall take a receipt from the clarke of the said ware-houses , vnto whom he shall giue a note of the perticular cost of euery thing so deliuered , that hee may accordingly make entry thereof in his booke . lxxi . he shall take a bill of parcels vnder the parties owne hand writing of whom hee shall buy any thing for the vse of this company , and the said billes he shall deliuer vp for his vouchers vnto the auditors of his accompts . lxxii . he shall solicite and assist the committees or any others , who shall haue charge to buy any prouisions , stores , or marchandize for the voyages of this company , so that all thinges may be performed in due time . lxxiii . he shall defray the charges of lyteridge , cranage , wharfage , portage , rents of ware-houses , and petty expences disbursed by the committees or others in the affaires of this company , taking notes vnder their hands , viewed by the court and after warranted by the auditors , to vouch the parcell in the audit of his accompts . lxxiiii . he shall receiue all the yron both english and spanish , which shall bee bought by the committees for the vse of this company , and he shall deliuer of the said yron to the smith in their yard , and to the other smiths which make the hoopes , and he shall keepe accompt with them of their seuerall workes , ordinary and extraordinary , at such rates as are already or may hereafter be agreed vpon for this company . and the like he shall performe with the coopers for caske , and hee shall defray the charges of workmanship , both with the said smithes and coopers . lxxv . he shall ouersee the clerkes in the said ware-houses , to giue them instructions and directions for the fitting and furnishing of each of the companies ships with their proportions of stores and prouisions , and for the ordering of their accompts . lxxvi . he shall vpon all occasions make entry in the custome-house of the companies ships and goods , and likewise performe any other seruice , which shall be thought fit for his imployment by the gouernour , deputy , and committees . lxxvii . he shall keepe faire bookes of accompts of all his proceedings in the affaires of this company , and he shall deliuer them once euery moneth to the generall auditors to be perused . clarke of the stores in london . lxxviii . the said clarke shall receiue all the prouisions , stores , victuals or marchandize , which shall be deliuered him by the committees , or the husband , or any other for the vse of this company , by measure , weight or number , and shall giue receipts for the same , and the like hee shall performe for all thinges whatsoeuer which shall bee sent and deliuered him , out of the companies ships which returne home from the jndyes , or from any other place . lxxix . hee shall deliuer of the said victuals , marchandize , prouisions , and stores , both new and olde , vnto the companies ships and yardes , or otherwise as occasions shall require , by the directions of the husband or any other in authority ; and shall send some of the companies seruants to see the same safely deliuered , with a note of the perticulars and their prizes directed to the clarke of the yard , or in the ships to the purcers , together with the seuerall officers whom the stores shall concerne , and to bring from them receipts for all , without which , the said clarke shall not be discharged in the audit of his accompts . lxxx . he shall deliuer the companies yron , lead , tinne , elephants teeth , corrall , quick siluer , vermillion and the like , vnto the purcers of each ship by weight , and all other thinges which he shall send vnto the said ships , or to the yardes , he shall performe it with as much plainnesse as possible he can for his discharge , and to auoyde all suspition and error . lxxxi . hee shall keepe faire bookes of accompts of all his proceedings in the affaires of this company , and shall deliuer them vp once euery quarter to bee audited by the generall auditors . warrants . lxxxii . hereafter all warrants to the treasurers for money , or to the committees of the warehouses for wares shall be framed and made , onely by the accomptants generall , and by the husband , with their subscription for a leading hand vnto the gouernour , deputy , and committees . lxxxiii . the warrants vnto the treasurers for money , shall be vnderwritten by the gouernour , or his deputy , and foure committees at the least . lxxxiiii . the warrants vnto the committees of the warehouses for wares to be deliuered vnto the aduenturers , shall be subscribed by the gouernour , or his deputy . lxxxv . the warrants vnto the treasurers for money vpon deuidents to the aduenturers , shall be vnderwritten by the auditors of the court. purueyers of timber & plancke . lxxxvi . the said purueyers shall take notice from time to time of the clarke of the yard , concerning the stores of timber , planckes , sheathing-boards , and treenayles which remaine in the yard , and so by the counsell and direction of the committees of the yard and of the mr. shipwright , they shall proceed to the purueying of those materials whereof there shall be any want and occasion , for the companies buildings . lxxxvii . they shall vse their endeauour to prouide the timber and plancke seasonable felled , and at the best hand , for the most aduantage of the company . and they shall bring all the bargaines of the said materials vnto the consideration and resolution of the gouernour , deputy , treasurer , and mr. shipwright , by whose order and in whose names the bargaines and contracts shall be made in the behalfe of the company . lxxxviii . there shall be power left to the said purueyers to make bargaine of themselues ( rather then to loose opportunity ) for some speciall pieces of timber or knees which cannot euer be had , prouided alwayes that the bargaine exceed not the summe of ten pounds , and that they giue present notice thereof to the gouernour , deputy , treasurer , and mr. shipwright . lxxxix . they shall as neere as possible they can , auoyde all darke bargaines by girt measure in the woods ▪ but when some speciall occasion shall vrge them to that course . they shall be faithfull and true in the accompt of the charges , and in the measure which they shall deliuer into the yardes , squared , according to such aduantage as is vsuall , and shall happen in the hewing from girt into square measure . xc . they shall set a marke and number , and keepe the contents of euery piece of the companies timber before it be lodged in the yardes at reading , and other places , to preuent the great wrongs , which might happen by the change of the said timber . xci . they shall appoint the wharfingers by euery barge from reading and those places , to send vp a true note with the marke , number and content of euery piece of timber , that so the clarke of the yard may receiue the same accordingly . xcii . the said purueyers shall keepe bookes , thereby to giue a true accompt of all their proceedings in the affaires of this company . measurer of timber and plancke . xciii . the measurer shall giue his diligent attendance dayly in the yard at the water ▪ side , to take vp all such timber , plancks , sheathing bordes , mastes , or other materials , that concerne him to receiue by measure , which he shall carefully and iustly performe that the company may not be wronged in the goodnes of the said materials , neither yet through any wants in the said measure . xciiii . he shall not receiue any prouisions into the companies yard , without a note or writing from those persons , who shall haue order to prouide and send the said prouisions , and hee shall refuse to vnlade any such timber , plancke , boardes , mastes , or the like , which are faulty and vnfit for the companies vse , acquainting the clarke of the yard presently of his proceedings therein , vnto whom also he shall deliuer the said notes , that some resolution may be taken by the committees of the yards to determine the busines . xcv . he shall in the vnlading of the said timber , plancke , boards , mastes and the like , from the fiue and twenty day of march next , marke euery piece in the head with the letter a. vntill the fiue and twenty day of march next following , and then he shall begin to marke with the letter b. and so euery yeare change a letter . xcvi . he shall see the said timber , plancke , and boardes , lodged in the most conuenient places of the yard neare their vse , laying the straight timber , beame timber , floore timber , phittocks , squire knees , racking knees , and the seuerall fortes of planckes by themselues , to auoyde the great labour and charge , which hath bin heretofore in the often remouings of the said materials in the occasions of their vse , when they were mingled all together . xcvii . he shall set a number neare the marke , or at both ends of euery piece of timber , plancke , boords , and the like : and he shall keepe a booke , noting downe therein the contents , and the tares by the said numbers ; and thereof he shall giue a true and perfect accompt of all , vnto the clarke of the yard , to the intent that he also may enter the same , euery piece particularly in a booke as is giuen him in charge to performe . xcviii . he shall deliuer of the said timber , planckes , deales , tree-nayles and boords , to the building and repayring of the companies ships , or otherwise to their vses , keeping a true accompt in his booke of the numbers and contents which shall be vsed vpon each perticular ship , and he shall giue a true coppy dayly of all his proceedings herein , vnto the clarke of the yard , that thereby he may also enter the same orderly in his bookes of accompts . clarke of the yard . xcix . the clarke of the yard shall call the workmen and labourers euery day at the times appointed : and the fore-man of the shipwrights , cawlkers , carpenters , and labourers , shall bee alwayes present vntill the whole ging be called , to the end that one workeman answer not for another . and hee shall haue authority to ouersee all the said workmen that they doe not loyter in the taphouse , or in any other place , nor suffer more labourers to be at the carrying of a piece of timber or plancke , then are needfull . c. he shall vpon the arriuall of any barge , hoy or other vessels , with timber , plancke , sheathing bordes , or ▪ whatsoeuer other materials , demaund a note or writing from those committees or other persons who shall haue order to make the said prouisions , and according to the contents of the said notes he shall receiue all into the said yard , and make true entry thereof in his booke . ci. he shall assist the measurer in the yard , to order the receiuing and bestowing of the companies timber and plancke , laying each sort by it selfe , to preuent much labour and charge in the often remouing . and hee shall keepe a booke of purpose in the forme of an inuoyce for euery sort , marked and numbred with the contents and tares , to the end that the committees may with ease examine the measure of any piece or pieces of timber or plancke , when they shall mistrust and desire to be satisfied . cii . he shall receiue the accompts of the yron workes , timber , planckes , pipe staues , or any other materials , which shall be issued by other subordinate clarkes in the yard , to the building or repairing of any of the companies ships , boates , mastes or the like , and he shall truely and orderly digest them in his bookes vpon their seuerall accompts . ciii . he shall giue a receipt , and stand charged to yeeld a true accompt of all the olde prouisions and stores which shall bee sent to the yardes , out of the companies ships that returne home , except onely those prouisions and stores which shall be deliuered vp to the clarke of the cordage , and the clarke of the yron workes . and he shall also giue receipts vnto the husband , or to any other man who shall deliuer prouisions to his charge in the yard . ciiii. he shall cause the barrels of pitch , tarre , or any other materials which are light and easie to be conueyed from the wharse , to be carried a sufficient distance from the water-side , to preuent the danger of stealing : and hee shall not suffer any olde timber , plancks , chips or the like , ( whereof there is no vse for the company ) to be carryed out of the yard , before that some of the committees haue first seene and giuen order to sell the same , whereof hee shall after giue a true accompt . cv . he shall appoint honest and trusty watch-men euery euening when the workmen come to their call , and hee shall remember them carefully to performe their charge , and hee shall presently after the departure of the said workmen , call all the officers who are lodged in the yard to walke the round with him , to see that the fires bee well put out , where plancke hath bin burned that day , or vnder the pitch kettles , coopers house , or other places to preuent danger . cvi. he shall rebate from euery workman and labourer ( vpon the pay day ) what they shall owe to the taphouse , chirurgion , or otherwise within the yard , and hee shall diligently obserue that no disorders be vsed in the said taphouse by drawing of strong beere , entertainment of strangers , or otherwise , and he shall generally looke into all other abuses in the yardes to giue notice thereof in due time vnto the gouernour , deputy , and committees . cvii . he shall keepe faire and true bookes of accompts , of all thinges committed to his charge for the company in the yard , and hee shall deliuer them vnto their auditors to be perused and examined , at all times when they shall require . mr. shipwright . cviii . the mr. shipwrights duty , is to build and repaire the companies ships , vpon which workes , he shall not make any entrance or beginning without order of court , obtained for his warrant and direction , subscribed by the gouernour , or his deputy , and thirteene committees at the least . cix . he shall bring in conuenient time vnto the said court of committees his plots and models compleat , of all the new ships which are intended to be by him builded for the company . cx . he shall haue a speciall care that his deputy or foreman , and all other carpenters , cawlkers , or labourers in the companies yard , be able , honest and skilfull men to the busines which they shall vndertake , and hee shall hire them with as much aduantage as possible hee can for the company , without any sinister respect in the rate of their wages , or in keeping them longer in pay then there shall be necessary occasion of their worke . cxi . hee shall not breake vp any part of the companies old ships indocked , before the appraisers haue valued the hulles , neither shall hee launch out any of their ships from the docke where they are built or repaired , before he haue obtained an order of court for his warrant . cxii . he shall assist with his best endeuour and skill those committees , who shall be appointed with him to contract bargaines for timber , planck , sheathing bords , treenayles , and the like , or to let out the ioyners worke , the caruers worke , the making of masts , boats , painting , or any other the companies workes in the yard by the great , or to hier carpenters to the shipping and voyages of this company . cxiii . he shall giue diligent attendance in his owne person , to the ordering of those workes in the yards which concerne his charge : and hee shall also giue accompt vnto the court of committees of his proceedings in the said yards weekely , or so often as shall be needfull . and for the better performance of this article , hee shall not vndertake or performe the building of any ships or other vessels , but onely for this company , without an order of court obtained for his warrant to the contrary , subscribed by the gouernour or his deputy , and thirteene committees at the least . mr. pylot . cxiiii . the mr. pylot his office is , to commaund and order the workes which concerne the setting vp & taking downe of masts , yards , rigging , vnrigging and proportioning the quantities , sorts and sizes of cordage to the companies ships , both new and old , and to vse care and diligence both by himselfe , and his deputies , that the company may not be ouercharged with idle , vnskilfull , or a needlesse number of workmen , or in the rate of their wages . cxv . hee shall at conuenient times , suruay the building and repairing of the companies ships , at deptford and blackwall , assisting also to the indocking and launching the companies said ships , and being launched , to see them safely moored , with such mooring cables and anchors as are best fitting , and most for the companies profit ; and to prouide a competent number of ship-keepers for each ship. cxvi . hee shall assist with his best endeuour and skill , those committees vnto whom he shall be ioyned by order of court , for the hiring of saylors to the shipping and voyages of this company . and hee shall in like manner assist those persons who shal be appointed with him to prouide canuas , and to deliuer the same proportioned to be made into sayles for the companies shipping , and for stores , or the like . cxvii . he shall sollicite by his deputies , and especially in his owne person , the dispatch of the companies ships , at deptford , blackwall , and erith , giuing notice from day to day of their seuerall wants , that they may be speedily supplied , and once euery weeke at the least , he shall acquaint the court of committees of the state and forwardnes of the said ships . cxviii . he shall after order of court giuen him , at conuenient and fit times , pylot downe the companies ships to erith and grauesend , attending them there , vntill they shall be dispatched into the downes , and he shall likewise take charge to bring vp the companies ships from grauesend , vntill they be safely moored at an auchor , or indocked at blackwall , and he shall keepe a booke , in which he shall truly and orderly set downe all the proportions of cordage by their length and size , which he shall appoint to the rigging , and also for the storing of each of the companies ships to sea seuerally : and the like diligence shall he performe for the quantity and quallity of canuas , to be spent in their sayles , and for their stores to sea. boateswaine generall . cxix . the boateswaine generall , shall attend the workes vnder the mr pylot , to proportion and serue cordage to the rigging of the companies ships , and to sollicite the saylors or labourers to their worke , to set vp or take downe mastes , rigge and vnrigge the ships ; to new lay ropes ; to lodge in appointed places , the companies boates , anchors , cables , and the like , when the ships shall be docked ; to attend and be present at the call of the saylors and labourers , and to giue notice of those , who are vnable or vnwilling to doe their worke ; to assist them that shall be sent to the companies ships , when they returne home to take accompt of the prouisions , stores and victuals remaining , which are to be conueyed to the places and officers appointed to take charge of them ; to haue a speciall care that nothing be imbeazeled by day or by night , for want of good watch , and to doe any other worke which shall be thought fit for his imployment . purcer generall . cxx . the purcer generall , his duty is , when the companies ships are afloate , to receiue money of the treasurers once euery weeke ( or as often as need shall require ) to pay the wages of saylors and labourers , who set the mastes and rigge the ships , as also the harbour wages , to officers and maryners , who goe the voyage , and other petty charges incident . cxxi . he shall repaire once euery weeke ( or as often as shal be needfull ) aboard all the companies ships , at deptford , blackwall , and erith , to conferre with the purcers , or their mates , concerning the dayes and rates of payment due to the said officers , saylors or labourers , which when he shall haue paide and satisfied , then shall the said purcers or their mates , certifie by him the perticulars vnder their hands to the treasurer in a booke for that purpose , to vouch the parcels in the audit of his accompts . cxxii . he shall euery time when hee returneth from paying of wages ( as is aforesaid ) bring notes with him to the court of committees from all the officers , concerning the wants of prouisions , stores , or any other thing which might hinder the speedy dispatch of all the said ships . cxxiii . he shall keepe a true accompt with the clarke of the storehouse of the proportions of cordage , which shall be deliuered to the rigging of the companies ships , and likewise for their stores seuerally , which he shall see iustly performed by waight , size , and length , and hee shall deliuer vp a booke thereof yearely vnto the auditors , in the moneth of march , or at any other time , if he be required . cxxiiii . he shall keepe accompt with the baker for bread , bisket , meale and flower : with the brewer for beere , and empty caske in harbour , and for the voyage : of all which , he shall deliuer vp in due time a true accompt of the perticular disposing thereof to the companies seuerall ships , or otherwise to their vses . porter of the lodge . cxxv . the porter shall carefully , looke to the yard from time to time , that neither timber , planckes , yron , lead , or any other prouisions , doe passe out of the gate , without knowledge of the clarke of the yard . cxxvi . he shall vpon iust suspition , search any of the workmen for yron worke , or other materials , which they may haue stolne in the yard , and if he take any man in the manner , he shall giue present notice thereof to the mr. shipwright , and to the clarke of the yard , that they may proceed against the offender as the cause shall require : and he shall vse the like diligence in the search of those , who vnder colour of carrying out of chips , might offend in the like kinde . cxxvii . he shall assist the clarke of the yard to walke the round , euery euening to set the watch , which shall continue all night , vntill the bell ring in the morning to call the workemen to their labour . at which time the said porter shall diligently attend the gate in his own person : and if any workman or labourers shall be absent at the call in the morning or after dinner , they shall not bee admitted into the yard , but shall loose their pay for that time . cxxviii . he shall keepe an accompt dayly of all the prouisions which shall bee caryed out of the yards ( of what kinde soeuer ) and he shall note downe the perticulars ( so neere as possible he can ) in a booke for that purpose , to be deliuered to the committees of the yardes , at all times when they shall require the same . and he shall not suffer any of the labourers to depart out of the yard from their worke at vnlawfull times . cxxix . he shall not receiue any money or make any profit for letting in of gentlemen , strangers or any others into the yards : neither shall he open the gates at vnseasonable houres , to the mr. shipwrights seruants , or to any others , but onely vpon vrgent occasions , as he will answer the contrary at his perill . clarke of the cordage and other stores . cxxx . the said clarke shall from time to time , orderly & iustly receiue into the storehouses of this company , all such cordage , marlin , twyne , ordnance , great shot , brasse sheuers , pullyes , blockes and the like , by the order and warrant onely of those committees , or others , who shall be authorized to buy the said prouisions , whereof he shall make true entry in his bookes , and likewise giue his receipt of all the perticulars vnder his owne hand vnto the parties , who shall deliuer the same . cxxxi . he shall in like manner receiue , and also giue his receipt for euery perticular thing , which shall be deliuered vnto him out of the companies ships when they returne home , setting downe the waight of euery piece of ordnance , the length , size , and waight of the cables and hawsers , the waight of the olde ropes , rigging ockam and the like , the waight of the brasse shiuers , and generally euery other thing , with asmuch plainnesse as possible he can , both for the quantity and quality thereof . cxxxii . he shall rancke or place the said cordage , and other things in the companies storehouses by their sorts and sizes , seuerally laying the cables and other waighty things nearest the water-side , the olde ropes by themselues , and so of euery other thing , to auoyde confusion , and great charges in the often remouing . cxxxiii . he shall take directions from the mr. pylot , vnder his hand writing , concerning the proportions of cordage , and other thinges , to be assigned to the rigging and storing of each of this companies ships seuerally , which he shall after deliuer out of the storehouse , by such order of measure , waight or tale , as the said prouisions were receiued into the storehouses , whereby the accompt may rest plaine and without suspect : wherefore it is further ordered , that the purcer generall and purcer of each ship , or his mate , shall be present to see the waight and deliuery of euery perticular thing , and to keepe a true accompt thereof in their bookes . cxxxiiii . he shall for his discharge in the audit of his accompts , deliuer no prouisions without receipts , and perticularly he shall take a faire and plaine receipt of the purcer of each of the companies ships , for all such prouisions and stores as shall be by him deliuered to the rigging and furnishing of the said ships to sea. and he shall keepe faire and true bookes of accompts , of all his proceedings in the affaires of this company , to be deliuered and examined by their auditors at all times , when they shall require them . clarke of the iron workes in the yard . cxxxv . the clarke of the iron workes shall receiue from the smith in the yard weekely , or so often as neede shall require , all the anchors , nailes , spicks , bolts , chaineplates , or whatsoeuer iron workes , by waight and tale , for the which he shall giue a receipt of perticulars vnto the said smith for his discharge , and the like to the committees , to the husband , or to any others , for lead , candles , copper , or whatsoeuer else he shall receiue of them for the company . cxxxvi . he shall receiue from the companies ships , which returne home , the carpenters tooles , the smiths tooles and stores , all the anchors , polts , spicks , nailes , chaines , chaineplates and the like , by waight and tale , for the which hee shall accordingly giue a receipt of the perticulars vnto the committees for recouery of old stores : and he shall giue a true note vnto the clarke of the yard , of the waight of all the old iron workes , which shal be recouered and deliuered him in the breaking vp of the companies ships and sheathings . cxxxvii . he shall deliuer vnto the building & repairing of the companies ships , the carpenters tooles lead , copper , and the like , all kinde of iron workes , by waight and tale , by the hands of such persons , who shall be put in trust to serue them to the worke men , & he shall take their receipt in his booke for his discharge , & likewise subscribe the true copies of all in their books , to auoid difference and errour , and he shall examine the said seruers of iron workes , daily , concerning the expence and vse of all ; and he shall likewise in his owne person ( euery euening at the least ) view the works , especially taking notice where , and how many great bolts , or the like things of valuo be driuen or vsed . cxxxviii . he shall keepe a faire booke with true accompts , of all his proceedings in this companies affaires , plainely and orderly setting downe euery perticular to each ship seuerally , and the said bookes hee shall deliuer vp vnto the clarke of the yard , so often as he shall require , to the intent he may examine and digest all into his bookes of accompts . seruars of iron workes to the companies ships . cxxxix . they shall receiue from the clarke of the iron workes , the carpenters tooles , lead , candles , copper , bolts , nayles , spickes , chaineplates or the like , which shall be required for the workes in the companies ships , and they shall giue a receipt for the same ; plainely setting downe the perticulars by waight and tale , and they shall keepe the true coppies of euery such receipt to themselues , subscribed by the said clarke , to auoid error and difference . cxl . they shall deliuer of the said iron workes and other things vnto the workmen in the companies ships , where they shall attend with diligence , obseruing the vse of euery perticular thing , as neere as possible they may , and especially of the great bolts , and other things of value , whereof euery euening they shall giue a reason vnto the said clarke . cxli . they shall be very carefull that none of the said iron workes or other materials be imbeazeled by the worke men , or any others ; and if they finde any man faulty in this kinde , or in the neglect of their worke , or otherwise howsoeuer , they shall presently giue notice thereof to the master shipwright , and the clarke of the yard : and likewise to the committees when they come thither , that such courses may be taken against the offenders as the cause shall require . smith in the yard . xlii . the smith from henceforth shall receiue all the iron ( both english and spanish ) at certaine prises agreed , or to be agreed vpon from the husband for this company , who shall deliuer & keepe accompt with him for the same , and he shall receiue onely so much iron from time to time , as his present working shal needfully require , for which he shall giue receipts to the said husband for the vse of this company . cxliii . he shal diligently worke the said iron in good and substantiall manner , into such seuerall workes , of anchors , bolts , spicks , chaineplates , nailes , or the like workes , ordinary and extraordinary , according to such manner , waight , and size , as shal be appointed him by the clarke of the iron works , for such seuerall rates and prizes , as are already , or may hereafter be agreed vpon for this company . cxliiii . he shall deliuer vp all his said workes , which shall be ready made , once euery weeke , or so often as shall be required , vnto the clarke of the iron workes in the yard , by waight and tale , taking his receipt for the perticulars , that he may render a true accompt accordingly . cxlv . he shall make choise and triall of all the iron , which he shall receiue of the said husband : and if he finde any part thereof which shall not be good for his vse , then he shall refuse the same , that all excuse may be taken away in the defects of anchors , chaineplates , or any other workes . taphouse in the yard . cxlvi . they who now are , or hereafter shall be lycensed by the companie from yeare to yeare , to keepe the taphouse in the yard , shall dwell and abide in the said taphouse rent free , for their performance , according to the articles following . cxlvii . first , they shall not haue , or retale any beere in the said taphouse , aboue the price of sixe shillings the barrell , neither shall they sell of the said beere lesse then three full pynts of ale measure for a penny , and the bread likewise which they shall retale , shall be from time to time of full waight and size , made of good and wholesome corne. cxlviii . they shall haue liberty to sell or retale to the companies workemen in the yard , and to no other persons whatsoeuer , viz. sixe shillings beere , bread , pease and milke , porrage , egges , butter , cheese , and no other kinde of victuals , or drinke whatsoeuer . cxlix . they shall not suffer any of the companies workemen , to come within roomes of the taphouse , to drinke , rest , or hide themselues in the time of worke ▪ but they shal deliuer them drink for their refreshing , in places open , to the view of the yard ; neither shall they deliuer more then two pence in beere to one man euery day at breakefast , and betwixt meales . cl. they shall permit the clarke of the yard , to haue free accesse into all the roomes and places of the said taphouse , when he shall so require , to search for strangers , or loyterers , or any other disorders which might be committed , contrary to the afore written articles . cli . they shall acquaint the said clarke of the yard euery pay day of all such summes of money , as shall be due vnto them for drinke and victuals , intrusted vnto any of the companies workemen in the yard , that hee may rebate the same for them , out of their wages . chirurgion generall . clii. the said chirurgion and his deputy shall haue a lodging or a place in the yard , where one of them shall giue attendance euery working day , from morning vntill night , to cure any person or persons who may be hurt in the seruice of this company , and the like in all their ships riding at an anchor at deptford and blackwall , and at erith , where hee shall also keepe a deputy with his chest furnished , to remaine there continually , vntill all the said ships be vayled downe from thence to grauesend . cliii . they shall also cut the hayre of the carpenters , saylors , caulkers , labourers , & any other workemen in the companies said yards , and ships , once euery forty dayes , in a seemely māner , performing their works at breakfast and dinner times , or in raynie weather , & in an open place where no man may loyter or lye hidden , vnder pretence to attend his turne of trimming . cliiii . they shall discouer vnto the clarke of the yard , and to others who shall be in places of authority , all such persons whom they shall finde decrepit , lame , vncleane , or vnable to the companies seruice , that they may be forthwith dismissed from the same . clv . in consideration of the afore-written attendance and performance , it is ordered , that euery carpenter , saylor , labourer , or other workeman whatsoeuer in the said yards , and ships , shall pay two pence euery moneth out of his wages , to the said chirurgion generall . clvi . and the said chirurgion generall shall assist the committees to hire vnto the shipping , and voyages of this company , skilfull and honest chirurgions and their mates , at such reasonable rates of wages , as possible he may : and he shall acquaint and shew them from time to time , all such medicines and things as shall be furnished into the chests , of which they are to take charge for the voyages . clvii . he shall vse diligence to furnish vp all the said chests , in such due times , that they be hereafter brought vnto the companies house , foureteene dayes at least before there shall be occasion to ship them , that so euery perticular thing may be seene and allowed , by those committees , doctors , apothicaries , or any others , whom the court of committees shall please to appoint for that purpose . clviii . he shal at the returne home of the companies ships from the indies , receiue , & also giuen a receipt , to be accomptable to the said company , for the chirurgions chests , tooles , medicines , & ingredients : of all which he shal take a due accompt of the ship chirurgion , when he deliuereth vp his chest . keepers of anchors and stores in the downes . clix. hee shall haue charge of the companies cables , hawsers , anchors , boates , or any other prouisions already sent , or hereafter to be sent into the downes , and shall keepe a true accompt in his booke of euery perticular , setting downe orderly the time and the parties name , from whom he shall receiue such things , & shall giue them receipts for their discharge . clx . he shall vse diligence when any of the companies shippes arriue , in or neere the downes , to see them speedily furnished with such part of the said prouisions as they shall need , or require , and for what he shall so deliuer : he shall take a receipt for his discharge of the master and purser of such ships , whereof he shal giue present notice by his letters vnto the gouernour , deputy , and committees , that so they may demaund an accompt of all accordingly . cowper , boatmaker , caruer , mast-maker , paynter , ioyner . clxi . they shall in their seuerall places performe their workes in due time substantially and well wrought , according to such agreements and rates as now are , or hereafter shall be bargained with them in the behalfe of the company . clxii . they shall keepe a true accompt of all the materialls whatsoeuer , which shall be deliuered them from time to time by the companies officers , or any others , to the performing of their said works , and so the said accompts orderly kept of each ships materials by themselues , they shall deliuer vp , together with those accompts which they shall giue in for their owne workmanships , thereby to receiue satisfaction & payment from the company . clxiii . they shall once euery weeke at least compare their bookes with the companies officers , to see how they agree vpon the perticulars , that errors may be auoyded . clarke of the slaughter-house . clxiiii . the said clarke shall hereafter vse his best endeuour and diligence , to see all those orders duly performed , which are giuen him by priuate instructions in writing , for the pounding , killing , bleeding , cutting , salting , repacking , pickling , & all other diligences to be vsed in the slaughter-house , for the better preseruation of all the beefes and hogges , which shall be hereafter packed and shipped for the voyages of this company . clxv . he shall appoint a trusty man to keepe the doore of the cutting roome , who shall suffer no man ( without good cause ) to goe out and in , and to haue a speciall care , that they carrie nothing with them , more then their owne , setting a watch likewise ouer the windowes , and to search all the labourers at such times when they leaue worke , and depart the roome . clxvi . he shall keepe a true accompt of the receipts of all the beefes & hogs , by their waight , and thereof shall giue a copie to the committees ( appointed for that businesse ) that thereby they may cause a warrant to be framed for the payment of the debt . clxvii . hee shall likewise keepe a true accompt of the deliuery of all the said hogges and beefes , by the number of peeces ( in each hogshead ) & waight , and to what seuerall ships : plainely setting downe the waste , shancks , harborough victuals , sewet , tongues , and the like , distinctly ; that the company may see , that all is orderly and iustly issued to their vses , and hee shall require sufficient receipts from the pursers or others , to whom he shall deliuer any thing , that they may serue for his discharge in the audit of his accompts . clxviii . he shall keepe a true accompt of the charges in the slaughter-house , and of the salt , caske , and other things expended there . clxix . he shall also receiue the remaines of all the victuals whatsoeuer , which shall heereafter returne home in the companies shippes from the indies or other places , and hee shall giue his receipts to bee accomptable for the same . vvatchmen in the yard . clxx . the watchmen shall begin their watch in the euening , when the workemen depart out of the yard , and so continue all night , vntill the said workemen ( at the ringing of the bell in the morning ) returne to their labour againe . clxxi. they shall watch diligently at their standings , often calling one to another to preuent sleepe , and euery houre when the clocke strikes , they shall walke the round , and likewise ring the bell in the yards , that the companies officers ( who are lodged there ) may take notice of their watchfulnesse . clxxii . they shall haue charge of the plugs , to performe that worke at due times , for which they shall haue allowance as heretofore . vvorkemen generally in the yard . clxxiii . all the said workmen shall come to their labour at appointed times , and shall attend to answer to their calles seuerally , for if any of them be absent , then such persons shall not bee entertained into the companies workes , vntill the next call , when they shall bee present , and apply themselues vnto their labours . clxxiiii . they shall bee obedient vnto the mr. shipwright , to the clarke of the yard , the foremen , and other the companies chiefe officers , who shall haue authority to direct and order the affaires of the yard , and shall suffer themselues to be searched , by the porter of the lodge , vpon suspition that they may conuey away any of the companies yron workes , or other thinges . clxxv . they shall not loyter nor hide themselues in the times of worke in the taphouse , or in any other place , neither yet depart the yard vpon their owne occasions ▪ without licence of the clarke , or some other chiefe officer in his absence . clxxvi . they shall not commit or doe any ryot , by fighting , swearing , breaking of pots in the taphouse , hewing of good pieces of timber , and planckes into chips , or any other waste or hurt : for being conuicted of such defaults , they shall pay the damage , and so be presently dismissed out of the companies workes . clxxvii . they shall rebate out of their wages , euery pay day , so much money as they shall be found indebted in the yard to the taphouse , and also to the chyrurgion , after the rate of two pence a month per man for their trimming and cures as is ordered . and they shall make complaint vnto the gouernour , deputy and committees , of all disorders , which they shall perceiue or know to be performed in the yard by any man , or of oppressions or wrongs which might be offered them , by any of the companies chiefe officers , that such courses may be presently taken for remedies , as the causes shall require . guardians for recouery of olde stores , prouisions and victuals , which returne home in the companies ships . clxxviii . there shall be a trusty guardian sent to each of the companies ships after they returne home , and are come on this side of grauesend , who shall carefully receiue all the olde prouisions , stores and victuals , from the custody of those officers , who shall haue had the charge of them in the said ships . clxxix . he shall lade the said prouisions , victuals or stores , in one or more lighters ▪ to be deliuered into the companies yardes , and other places appointed : keeping a true accompt of all , and sending a trusty man in each lighter , with a note of the perticulars , that nothing may be imbeazeled . clxxx . he shall set downe orderly and plainely , euery perticular thing in his booke , declaring the names of the ordnance , the number of the pieces , and their waight , the great shot by their number and size , the anchors by their number and waight , the olde yron workes , vessels of pewter , brasse , copper or the like , by their waight , oyle , wine , syder or the like , by their . vessels , and all the remnants by gage , measure , waight or esteeme . the cables , cablets , hawsers or coyles , by their length and sizes , and generally all thinges with asmuch plainenes concerning the quantity , quality and vse , as possible he may . clxxxi . he shall direct , and cause to be deliuered vnto the clarke of the cordage , all the cables , and other cordage , together with the rigging and all other thinges thereunto belonging , as the pullyes , blockes , brasse sheuers , and the like , ordnance , great shot , sayles and remaines of canuas . to the clarke of the storehouse in london , the gunners , cookes , and armorers , stores , the locke smiths workes , and the coopers tooles , with the caske , yron hoopes , and other stores . to the chyrurgion generall , he shall cause to be deliuered , the chyrurgion chest with all instruments , medicines , or ingredients which shall remaine . to the clarke of the yard , the carpenters stores . to the clarke of the slaughterhouse , the beefe , porke , and all other sortes of victuals whatsoeuer . to the clarke of the yron workes , the carpenters tooles , all the sheetload , anchors , boltes , spikes , nayles or the like . clxxxii . he shall set downe seuerally in his booke all the perticulars , which hee shall haue deliuered ( as is afore written ) vnto the said officers , who shall after subscribe the same , and acknowledge to haue receiued all , for and to the vse of this company : and the said booke so subscribed , he shall deliuer vp vnto the committees appointed to take accompt of the said prouisions , victuals and stores . committees to take accompt of olde stores , returned in the companies ships . clxxxiii . the said committees shall bee two in number , and at the returne home of the companies ships , they shall appoint some trusty man for guardian in each ship to recouer the olde prouisions , stores and victuals , in such manner and forme , as is ordered in the articles of the said guardians . clxxxiiii . they shall giue order at the arriuall of euery ship of the company , that no officer be paide his wages without their warrant , certifying that they haue receiued an accompt of the thinges committed to their charge . clxxxv . they shall examine the purcers bookes for the prouisions , stores and victuals , which remained in each officers custody , at their departure from the jndies , with their discharge by the expence thereof , and the remaine which haue bin deliuered vp ; and if they finde any exorbitance in the expence , or wants in thinges which may import , then they shall acquaint the court of committees thereof , that they may proceed against the offenders in such manner as the cause shall require . clxxxvi . they shall be present , to see such bisket and other victuals giuen to the poore , as shal be found vnfit to be kept for the companies seruice , and hath heretofore in the like cases bin left to the discretion of others to distribute . clxxxvii . they shall cause the said guardians booke to be safely kept ( in the compting-house ) by the accomptant , thereby to charge the seuerall officers , with the things which they haue receiued , according to their subscriptions : and they shall cause the said guardians bookes to be truely coppyed into a generall booke of all the companies ships , by order as they shall returne home , to the end that the appraisers of the said ships from one stocke to another , may make vse thereof in their appraisement . committees to appraise the companies ships which returne . clxxxviii . the committees who shall be appointed with any others , to appraise the companies ships , from one accompt to another , shall proceed with care and diligence , that all thinges may be esteemed and valued with such skill , that neither party may haue iust occasion to complaine . clxxxix . they shall for their better direction make vse of the booke of inuentories , for olde prouisions and stores appertaining to the ships , which they shall appraise , and therein take notice of the iust quantity and quality of euery perticular thing . cxc . they shall after they haue agreed vpon all thinges necessary to be considered , deliuer vp their appraisement in writing , and subscribe the same , that it may warrant the entrance thereof , in the companies bookes . committees of the yard . cxci. the said committees , shall be twelue in number , and they shall take their turne by two and two weekely , attended by a clarke to take notice of all the workmen generally in the yard , and to see them paide their wages , which shal be noted downe in a booke for that purpose , whereunto they shall subscribe their names , that thereby euery weekes payments disbursed by the clarke of the yard , may be vouched in the audit of his accompts . cxcii . they shall take good view and information of all the workemen , concerning their abilitie to their seuerall workes , and also the rates of their wages , least through fauour , they might bee ouer-valued , or kept in seruice longer then there shall be occasion of their worke , vpon discouery of which wrongs or any other , the said committees of the yard , or the greater number of them shall dismisse some and place others as vnto them shall seeme fit , for the good of the company . and in occasion of any difference in opinion among themselues , they shall bring the matter into the court of committees for a resolution . cxciii . they shall on the first tuesday of euery quarter in the yeare ( and oftner if need shall require ) make their generall meetings at the yard , to take a view of all things there , and to vnderstand the complaints or other passages of the companies affaires , that such remedies and courses may be ordered , as they shall iudge to be needfull . committees for entertaining of marriners . cxciiii . the said committees shall haue a speciall care to entertaine able men , vnmarryed and approued saylors , as neere as possible they may , and they shall agree for their wages , with asmuch aduantage as they can , for the company . cxcv. they shall keepe a booke , in which they shall note downe , the names of euery perticular man , with the day of his entertainment , his wages , his place , or office , and in what ship , and thereof they shall giue a note vnder their hands to the party hyred , that hee may deliuer the same vnto the clarke of the imprest money , to make true entry thereof in his booke , and the said note to keepe by him for his warrant . cxcvi. they shall euery moneth at the least , audit vp the accompts of the said clarke , and once euery yeare by the first day of may , or as often as shall be required , deliuer vp the said accompts perfectly audited , & subscribed by them , that they may be by the generall auditors reueiwed , and so entered in the companies great bookes by the accomptants . clarke of the imprest and wages . cxcvii . the said clarke shall attend the committees , who shall haue authority to entertaine saylors for the voyages of this company , and in a faire booke , set downe the imprest monyes which hee shall pay to euery perticular man so entertained vpon their seuerall bonds with suerties , and this shall he performe onely by a note from the said committees vnder their hands , which ( together with the said bond ) shall be his warrant in the audit of his accompts . cxcviii. he shall vpon the like warrant pay the wages which is allowed , to the wiues of the said saylors vpon accompt of euery yeares seruice in the shipping of this company , if they bring good testimony that they are the wiues of the said saylors . cxcix . he shall likewise pay the wages due vnto all the marriners , which shall returne home in the companies ships , or to their assignes , according as he shall be directed by seuerall warrants from the said committees , the chiefe accomptant and auditors for the company , which notes hee shall also keepe by him for his vouchers in the audit of his accompts . cc. he shall attend the dispatch of all the companies ships at grauesend , and in the downes , and immediately after their departure , deliuer vp his accompt to be audited by the said committees , concerning all the charges which shall bee by them disbursed , in whatsoeuer manner for the said dispatch . committees for the buying of victuals , prouisions & stores to the ships . cci. the said committees shall be two at the least , for euery seuerall imployment , neither shall any one of them conclude a bargaine , or buy any wares whatsoeuer for this company , without the knowledge and consent of the other who shall be ioyned in commission with him : and if any one be absent ( by whatsoeuer occasion ) th ▪ other shal make it knowne vnto the court , and from thence receiue his direction and order . ccii. they shall not buy , directly nor indirectly , any marchandize whatsoeuer for the vse of this company of themselues , nor from any others , wherein they haue any part or interest : for being conuicted thereof , the bargaine shal be voyde , and the offence shal be offered to the consideration of a generall court. cciii . they shall take billes of parcels vnder the parties owne hand writing , of whom they shall buy any wares for this company , and therein the bargaine concerning waight , tare , price , and the like , shal be plainly set downe , which bill of parcels they shall deliuer to the accomptant , that he may pin the same vnto the warrant , which shall be directed vnto the treasurers for payment of the debt . cciiii . they shall take a sufficient receipt for their discharge of the clarkes of the storehouses , or any other , vnto whom they shall haue order to consigne the said wares so bought , to be disposed for this company . ccv . and lastly , for such marchandize as they shall cause to be brought from any of the partes beyond the seas by order , and for the vse of this company , they shall at due time present the factors accompts thereof , dilidently examined , and subscribed also by themselues , that so they may bee reviewed by the auditors , and after , entred orderly by the accomptants into the companies great bookes . masters of ships and their mates . ccvi. the said master and their mates , after they shall be hired for a voyage in the companies ships , and are entered into harborough wages , shall take their oathes openly in a court of committees , and shall endeuour to finde out able and good marriners , whom they shall preferre for entertainement , vnto the committees appointed to that businesse . ccvii. they shall giue their attendance in the day time , and lodge euery night aboard the said ships , to further their dispatch , and to keepe good order among the marriners , and ouer euery other thing , to the benefit of this companie . ccviii . they shall carefully appoint the quarter masters and boateswaynes to be daily present in the ships hold , to see the victuals , prouisions , stores , and merchandize , well and orderly stowed , and that the boatswaine , gunner , cooke , steward , carpenter , and other officers , doe attend in the ships , to receiue and take charge of their seuerall stores for the voyage , and to giue a true accompt of the disposing of euery perticular thing vnto the purser . ccix. they shall once euery weeke giue accompt vnto the court of committees , of the forwardnes of their ships , and of their seuerall wants , that order may be taken for a speedy dispatch of all . ccx . they shall within tenne dayes next after their returne from the indies , into the riuer of thames , deliuer vp vnto the gouernour , deputie , and committees , faire copies of their iournell bookes , concerning their nauigation , and other worthy obseruations in the course of their whole voyage . ccxi. they shall be aboard the ships when they vayle downe to erith and grauesend , to assist the master pylot or his deputy , in what shall be needfull , and for all other duties , to be by them performed in the whole course of their voyage , they are at large set downe in the companies commissions for their affaires at sea. quarter masters and boateswaynes . ccxii. the quarter-masters and boatswaines shall diligently attend aboard the companies ships euery day , to see all the victuals , prouisions , stores , and merchandize , orderly stowed in places fit and conuenient , and they shall not suffer any thing to be laden into the shippes hold , before the purser or his mate haue taken a true note thereof . pursers and their mates . ccxiii. they shall ( as they are chosen ) take their oathes openly in a court of committees , and after giue their daily attendance aboard ships , to take a true accompt of all the harborough victuals , and victuals for the voyage , prouisions , stores , and merchandize , of whatsoeuer kinde : and they shall appoint the quarter-masters , boatswaines , and other officers , that they neither lade nor vnlade any thing without their knowledge , to keepe a true accompt thereof . ccxiiii . the said pursers or their mates shall be present in the companies store-house , to take the length , size , and waight of all the cordage , which shall be serued to the rigging of the ships , or for stores seuerally . also one of them shal be present , to take the waight of the bisket , flower and meale , from the baker for the voyage ; all which , they shal after see carefelly laden into the companies , ships , and they shall giue their receipts vnto the seuerall officers , or any other , who shal lade , or deliuer them any manner of prouisions , stores , victuals , or merchandize , for the vse of this company . ccxv . they shall haue a beame and scales , to receiue , and note downe the waight of cheese , butter , bread , brasse , copper and pewter vessels , or any other things which are charged to the company by waight . ccxvi . they shall at the appointed times euery day call the saylors to their worke , keeping a true note of euery mans dayes and rates of payment , whereby they may receiue their due pay weekely by the hands of the purser generall , vnto whom they shall also giue a note , certifying the totals of euery weekes disbursements vnto the treasurers of this company . ccxvii . they shall take receipts ( in a booke for that purpose ) of the boatswaine , gunner , cooke , steward , carpenter , cooper , and armourer , for all their seuerall stores and tooles which they shall receiue for the voyage , that they may be accomptable for the same , and the said receipts shall be orderly testified by the master of the ship , or some other knowne men , and they shall keepe a true accompt , with all the said officers , of the daily expending of all the said stores and victuals , to the end that at all times it may be knowne what prouisions remaine in the ships . ccxviii . they shall vse their best endeuour to learne out , and accordingly to aduise the gouernour , deputy , and committees , concerning all priuate trade in the companies ships , to and from the indies , and in those parts from port to port . ccxix. they shall haue perticular charge carefully to obserue , and truly to aduise the gouernour , deputy , and committees by their letters , from the cape of good hope , or from any other place , where they shall haue oportunitie to write , concerning the goodnesse or defects , of the beefe , porke , bisket , wine , beere , sider , cordage , powder , or any other prouisions whatsoeuer ; and also concerning any want , which shall be found in the number of peeces of beefe and porke , in any of the caske differing from their packing here , or any want of waight in the said peeces of beefe and porke , or powder , or the like , which aduices they shall send , testified and vnder-written by the master , or some other principall officers of the ship . ccxx . they shall keepe faire bookes of accompts of all the afore-said things whatsoeuer they shall receiue into the ships from seuerall men , to the vse of the company , noting downe euery thing with as much plainenesse as possible they can , concerning number , waight , and measure , and so the said bookes ( together with the booke of receipts from the officers afore-written , at the departure of the ships from grauesend ) they shall deliuer vp to the gouernour and committees , or to any other who shall haue authority from them . the rest of the duties which concerne the said pursers and their mates , in the whole course of their voyage , are to be seene in the companies commissions for the seas . chirurgions in the companies ships . ccxxi . the said chirurgions , after they are entertained into the companies ships , shall attend the chirurgion generall , to the furnishing of their chests , which they ought to carrie to sea with them , and they shall giue their best aduice and counsell , that all needfull medicines and other things , may be prouided , whereof they shall take a carefull view , when the chest shall be deliuered to their charge , that nothing be wanting , which conueniently may be had for the preseruation of mens liues , and curing of their diseases . ccxxii . they shall vse their best endeuour and skill ( through the whole course of their voyage ) in those thinges which concerne their places , and at their returne home , they shall deliuer vp their said chests with all things , which ought to remaine in them , vnto the said chirurgion generall , for the vse of this company . boateswaine , gunner , cooke , steward , cooper , carpenter & armorer . ccxxiii. all the said officers shall giue their diligent attendance aboard ship from time to time , to receiue and take charge of all the prouisions , victuals and stores for the voyage , which shal be assigned vnto them seuerally to vse , and to giue accompt of the same to the purcers or their mates , at all times when it shall be required . ccxxiiii . they shall also giue their receipts seuerally , of all the perticular thinges which they shall haue receiued , plainely and orderly set downe in the said receipt , which they shall after deliuer vp vnto the purcer or his mate , for the vse of this company . committees for commissions , and letters . ccxxv. the said committees shal be eight in number , besides the gouernour , deputy & treasurers , and they shall diligently meete together whensoeuer occasion of busines shall require , being summoned by order from the gouernour or his deputy . ccxxvi . they shall with their best aduice and counsell , set downe good lawes and orders for gouernment at sea in the companies ships , and they shall giue ample and plaine directions by letters vnto the english factors in the jndies , for the generall affaires of this company in those parts : and lastly they shall bring the said commissions and letters to be openly read in a full court of committees , to passe the iudgement of the said court , and then be subscribed by the gouernour or his deputy , and thirteene committees at the least . factories in the indies . ccxxvii . the election , continuance , and change of the presidents , generals , captaines , counsels , factors , and all other officers imployed in the affaires of this company in the partes of the east jndies , shall bee at the discretion of the gouernour , or his deputy and committees , to be performed by the order of the ballotting box , or by erection of handes , as vnto the greater number of them being assembled together shall seeme most conuenient . ccxxviii . all the said commaunders and factors ( as they are chosen ) shall presently take their oathes openly in a court of committees , and shall giue bonds with sufficient suerties , for their true performance , as the said court shall require . ccxxix . the affaires of this company in all the partes of the east indies , shall haue dependance vpon two principall factories ( viz. ) bantam in the iland of jaua maior , and suratt in the gulph of cambaia , vnder the great mogoll , or any other places where the presidents shall reside : and vnto them , all the other factories shall be subordinate , in manner following . ccxxx . and first vnto bantam shall be accomptable , all the factories in the seuerall ilands of the moluccoes , banda , amboyna , china , japan , the celebes , borneo , iaua , sumatra , and in the prouinces of chochinchina , siam , patania , camboia , and all the factories vpon the coast of coromandell , as petipoli , mesulipatan pelicato , and all the rest in the gulph of bengala , together with all the factories vpon the coast of jndia or malabar , from goa southwards . ccxxxi . and vnto suratt shall be accomptable , amadauar , agemir , agra , baroche , the court of the great mogoll , and all the factories within the gulph of cambaia , and vpon the coast of malabar , southwards as farre as goa , together with mocha , and all other places in or neere the red sea , and the coast of melinda , and all the factories in persia , or within the persian gulph . ccxxxii . the said two principall factories , shall keepe bookes of all the letters which they write vnto the seuerall factories , and receiue from them , fairely coppyed into other bookes , which they shall yearely send into england vnto the gouernour , deputy , and committees : and the like they shall performe of all the notable occurrences in those parts , briefly set downe day by day in forme of a iournall . ccxxxiii . they shall haue english beames and scales , both great and small , to vse in all needfull occasions , and especially by them to receiue all the wares and marchandize which shall be sent from hence , and inuoiced vnto them by waight , which shall be diligently compared in the presence of the purcers of euery ship , and if any want bee found , they shall presently by the first ship send ample testimony thereof to the gouernour , deputy and committees . ccxxxiiii . they shall likewise receiue all the companies spanish ryals , both by waight and tale , in the presence of the purcers and their mates , of those ships by whom they shall receiue such ryals , and if any want bee found , they shall send ample testimony thereof , as in the last article . ccxxxv . and forasmuch as the affaires of this company , will require the imployment of diuers ships to bee kept continually in the jndies , for whose reparations and victualing , it is conceiued very needfull to send great store of prouisions from hence yearely ▪ the factorie of bantam shall therefore prouide conuenient store-houses , and places for the receipt of cordage , tarre , ordnance , powder , shot , victuals , and diuers other munitions ▪ that so all thinges may remaine in safe and carefull custody . ccxxxvi . they shall appoint a sufficient boateswaine , and other skilfull officers , to the ordering of the said storehouses , that the companies shipping may be furnished from thence in such measure , as by their approbation shall be found needfull , so that nothing may be wasted . ccxxxvii . they shall appoint certaine factors , to the ouerseeing and charge of the said storehouses , with order to keepe faire bookes of accompts of all the said prouisions , which shall be receiued or deliuered vnto the companies ships , or otherwise to their vses , and the said accompts being first examined , allowed and subscribed by the president and his counsell , shall once euery yeare be sent into england , vnto the gouernour , deputy and committees . ccxxxviii . the said two principall factories shall solicite all the factories which haue dependance on them , to send the accompts of their proceedings in the affaires of this company at due times , so that they may bee examined and digested into their generall bookes , the which ( together with the originals of the said accompts ) they shall once euery yeare send into england , vnto the gouernour , deputy and committees , subscribed by the president , his counsell , and the accomptants . ccxxxix . all the factories in the jndies , shall keepe their bookes of accompts for the company diligently , and in an open place fit for that purpose , that so euery factor in each factorie may daily view the same , to see and know the true passages of the companies affaires , and thereby the better to auoide the dangerous negligence of some principall factors , who assuming the priuate keeping of the accompts to themselues , it hath bin found or at the least pretended after their death , that they haue kept no accompts at all , or such as were very imperfect , whereby the companie may haue bin much wronged . ccxl . they shall send bils of lading vnder written by the master and the purser , and perfect inuoyces of all the wares which they doe lade for the companie . and this not onely to be performed by the shippes or other vessels , wherein such wares shall be transported ; but also by the very next conuenient passage vnto those places whereunto the goods are directed , reseruing likewise bils of lading to themselues for their owne discharge , in any occasion which may happen . ccxli. they shall not admit any man into this companies seruice , as a factor , without the order of the gouernour , deputy , and committees ; but in cases where they shall finde it very needfull to make vse of some men for their good experience and worth . the wages of such persons , and the approbation of their seruice shall be reserued to the said gouernour , deputy , and committees . ccxlii. they shall take strict accompts of all the officers of euery ship at their arriuall in the jndies , concerning the seuerall stores committed to their charge : and at their returne for england , they shall send the seuerall receipts of all the said officers for the stores , which shall then remaine in their charge to the vse of the ships , that so they may render a true accompt thereof vnto this company . ccxliii . they shall vpon the arriuall of the companies shipping , take accompt of all the pursers , concerning the debts and death of all men ( whosoeuer ) in the voyage , setting downe the time , the place , and the persons . and the like , they shall require from all the factories in the jndies , whereof by euery ship which commeth for england , they shall send a plaine and perfect information to the gouernour , deputy , and committees , for their direction in the accompts , and wages of the said dead men . ccxliiii . after the death of any of the companies factors , or other seruants in the jndies , the president and his counsell , shall by the first passage send home to the gouernour , deputy , and committees , the last wils of the deceased , together with all their bookes of accompts , letters , papers , and other writings , which doe either concerne the company , or any other priuate affaires whatsoeuer : reseruing onely such writings , as may serue to recouer in debts , or otherwise to determine any businesse in the indies ▪ of which likewise they shal send a perfect note , and also a true inuentary of the estates which shall be found to belong vnto such deceased factors , or other seruants . ccxlv . from henceforth all the commanders and factors imployed for the company in the jndies , shall conuay all their priuate letters to whomsoeuer , vnder a couert , directed to the gouernour , deputy , and committees : for whosoeuer shall be found to send letters by any other wayes or means , the company will proceede against them as obstinate offenders , and breakers of their orders ; neither shall it be lawfull to write the said priuate letters , otherwise then in plaine english , and without any character . ccxlvi . it shall be lawfull for all the said factors , to write their perticular letters vnto the company ▪ but for the prizes and vent of merchandize , or any other matter which may concerne the trade , it shall be wholely referred vnto the generall letters , for the auoyding of confusion and doubts , which might arise by the diuersity of aduises . ccxlvii. the chiefe factors in all the seuerall factories of the jndies , shall diligently enquire , and carefully seaze vpon all such priuate trade , as shall be hereafter performed by any person or persons whosoeuer , contrary to the orders of this company , as in the articles . & and of their proceedings herein from time to time , they shall send aduice and true inuentaries , by the first passages for england , vnto the gouernour , deputy , and committees . and also vnto the president and his counsell in the jndies , who by the first shipping for england , shall lade the goods seized as aforesaid , and direct the same vnto the gouernour and company vnder their marke . ccxlviii . a diligent enquirie shall be made from time to time , concerning the life and conuersation of all the factors in the seuerall factories of the jndies ▪ and if any of them be found to breake the orders of the company , to deale iniustly , or to be of an euill disposition ▪ as a common drunkard , a notorious gamester or whoremaster , or wronger of the company by priuate trade , or otherwise insufficient , the president ( with approbation of his counsell ) shall by the first passage , ship home such vnworthy factors , together with the proofes and testimonies of their defaults : that so the company may proceed against them , according to the quality of their offence . ccxlix . for diuers reasons ( which haue beene duly considered ) it is ordered , that all the gifts , presents , or other profits , giuen or bestowed , by any forraigne prince , ruler , or commander , vpon any whom the company shall imploy in their affaires , shall be from henceforth reserued to the vse , and brought to the generall accompt of this company . ccl . and for all other matters occurring from time to time in the affaires of this company , in the said parts of the east jndies , they shall be wholly referred to the discretion and ordering of the gouernour , deputy , and committees , by their letters , commissions , directions , or instructions : all which writings ( for waighty reasons it is thought conuenient ) shall be vnder-written by the gouernour or his deputy , and thirteene committees at the least : for otherwise they shall not be of strength and power , to direct and order the said factories . except onely those commissions , whereby the presidents ( together with their counsell ) shall haue authority to direct , and gouerne the generall affaires of this company , both by sea and land in the jndies : vnto which commissions shall be fixed , onely the great scale , which by his maiesties letters patents , is graunted vnto the said company . committees for discharge of the companies ships . ccli . the committees who shall be appointed to see the companies ships discharged ( after they returne home laden from the jndies ) shall be present to see the hold opened , and diligently obserue , whether it be full with wares , or how much it wanteth , that they may report the true estate of all as they shall finde it , vnto the court of committees . cclii . they shall prepare strong and good padlocks ( of their owne choosing ) with which they shall locke the hold carefully , when they retire to dinner , and when they giue ouer the worke at night , alwayes commaunding the porters and others to be searched , when they come out of the hold , to preuent such deceipt , as they might vse by secret conueyance of wares , in their breeches , or otherwise . ccliii . they shall appoint some of the companies seruants to assist and attend with them vigilantly at the hold , that nothing may be conuayed from thence without their knowledge , and a true note taken of the perticulars , in as plaine and perfect manner as possible they may : and the said notes of euery seuerall dayes discharge , they shall deliuer vp vnder their owne hands vnto the gouernour , to be by him deliuered to the accomptants , who shall enter the same orderly into a booke for that purpose . ccliiii . they shall send in euery lighter laden with wares from the ships , one of the companies trusty seruants , with a note of the perticulars , and also to watch continually ( vntill all be discharged at the custome-house ) that nothing be imbeselled : and for more safety they shall locke vp the holds of the said close lighters , and deliuer the keyes vnto them , who shall haue charge to vnlade the said goods . cclv. they shall at the full discharge of euery ship , goe downe into the hold , diligently to search , that nothing doe remaine betweene the seelings , or in any other place of secret conuayance , whereby the company might be wronged . cclvi. they shall cause some of the companies seruants , to keep a board continually ( day and night ) during the time of the ships discharge , with carefull watch that nothing be conuayed away by the captaine , master , factors , officers , marriners , or any others , without their knowledge : and notes taken of the perticulars , to be sent , and safely kept in the custome-house , vntill order taken at a court of committees , how the said goods shall be disposed . cclvii . they shall appoint some of the companies trusty seruants to assist them , in the receiuing vp of all the said goods at the custome-house , keeping a true note of all things by waight , measure , or tale , according as the merchandize shall require , and the said note to be by them subscribed , that they may after be entered by the accomptants in to the book afore written , whereby the iust quantity of wares may appeare , which shall be deliuered into the custody of them , who shall haue charge of the companies warehouses . clarkes of the ware-houses . cclviii. the said clarkes shall receiue into the companies warehouses , all the spices , indico , rawe silke , wrought silke , callicoes , drugs , carpets , or any other wares which shall be deliuered them in charge by the committees of the said warehouses , for the vse and accompt of this company . cclix . they shall receiue all the said wares carefully and iustly , by number , waight , or measure , as the merchandize it selfe shall require , and thereof make true entry in a booke of purpose , setting downe the wares of each ship seuerally , and the commodities of sundry kindes by themselues , that the charge of euery warehouse may appeare , when any enquirie shall be made thereof . cclx . they shall giue their attendance with all carefulnes , especially when the wares are garboled and repacked , locking vp the dores in time of worke , and suffering no man who shall be imployed in those labours , to depart before he be searched : against which order , if any of them resist , hee shall be presently dismissed out of the companies seruice . cclxi . they shal deliuer of the said goods from day to day vnto those persons , and in such manner as they shall receiue warrant to performe from the gouernour or his deputy , and the committees of the warehouses : and the said warrants they shall reserue for their discharge ; noting downe in a faire booke euery perticular thing deliuered , the time , the parties name , his suerties , tares , trets , price , and euery other circumstance , to make the parcell plaine and perfect , and in the margent to note downe the number of each warrant . cclxii . they shall keepe a true accompt of all manner of charges which they shall disburse to porters , carmen , or the like , in the warehouses , and of the caske , or canuas , which they shall receiue to packe or imbale the companies goods : and they shall likewise render a true accompt , of all the skinnes , wrappers , cotten wools , or other things , which shall be sold to the most aduantage of this company . committees of ware-houses . cclxiii . the said committees shall be sixe in number , and they shall see all the merchandize whatsoeuer for this company , safely and orderly lodged in the vvarehouses , taking a true accompt of euery ships lading , concerning the quality and quantity of the vvares seuerally , and so shall they compare all things by the accompts from the jndies , to see that the company be not wronged in their waight , number , measure , false packing , or other defects , whereof they shall presently acquaint the court of committees , that such course may be taken for remedy , as vnto them shall seeme needfull . cclxiiii . they shall ouersee the said warehouses , and commaund , that all things there be well and orderly placed , so that no part of the wares may receiue any hurt , or be wasted ; and they shall cause three locks of seuerall openings to be made to the outward dores of euery warehouse , that so the keyes of two of them may be in the power of two seuerall committees , and the third shall be reserued in the charge of the said clarke . cclxv. they shall vnder-write the warrants to the said clarkes , together with the gouernour or his deputy , for the deliuery of wares vpon stocke vnto the aduenturers , or vpon bils , according to the bargaines , which shall be made by the candels , or otherwise ; in which they shall haue a speciall care ▪ that nothing be trusted , but vpon good security cclxvi. they shall audit vp the warehouse bookes , concerning the particular charges disbursed by the clarkes , and take accompt of the wrappers , skins , cotton wools , and the like , to be sold for the vse of the company . sales of merchandize . cclxvii . the custome which hath beene vsed heretofore in selling the wares of this company at a generall court , and the remnants of small value in the warehouses by the light of a candle , shall be continued ; onely in some cases excepted , where the gouernour , deputy , and committees , shall conceiue it needfull to take some other course for the good of the company . cclxviii . all aduentures of stocks which shall hereafter be sold by the light of a candle in open court , shall be published and put to sale in the names of the aduenturers of such stock ; and it shall not be lawfull for any man ▪ either by himselfe or by any others for him , to offer price for the said aduentures ; onely they haue power in the beginning of euery sale to set downe their lowest rates , and then to take their fortune of that which shall follow by the offers of other men . solicitor for payment of debts . cclxix . the said solicitor shall attend the warehouses , to take notice of all the wares which shall be intrusted to any man by this company , and shall make the bils of debt , and procure them to be signed and sealed by the principall debtors and their suerties ; which bils so signed and sealed , he shall deliuer vp to the custody of the treasurers for this company . cclxx. hee shall likewise solicite all the companies debtors , to bring in their money to the treasurers at the due time : and if hee finde any man negligent or carelesse to discharge his debt , hee shall acquaint the court of committees thereof , that they may take some speedy course for satisfaction . solicitor in the law. cclxxi. in all occasions of controuersies , actions , and suites of law , the said solicitor shall follow the cause by his owne experience , and according to directions of his learned counsell assigned him by the court ; concerning which , and all other his proceedings in the affaires of this company , hee shall from time to time acquaint the court of committees , and attend their resolutions . cclxxii ▪ he shall assist to make contracts , couenants , and other writings , wherein the company shall haue any occasion to make vse of his knowledge and endeuours in matters of that kinde . wages . cclxxiii . the wages or allowance vnto the presidents , generals , captaines , commanders , factors , and all other officers in this companies seruice ( wheresoeuer ) shall be agreed and established by the gouernour or his deputy , with the greater number of the committees . cclxxiiii . there shall be allowance of two moneths wages imprested aforehand , vnto all such persons as shall serue this company in their shipping to the east jndies , and for some speciall reasons , there shall be allowance of three months wages imprested aforehand , vnto all the ship carpenters imployed in the said voyages . cclxxv . there shall be allowance also of two months wages ( vpon accompt of euery yeares seruice ) vnto the wiues of all such persons , as shall be imployed in the companies shipping to the east jndies . cclxxvi . all the factors for the company in the east indies , shall haue one third part of their wages allowed them there yearely ( if they require it ) for maintenance of apparell and the like , after the rate of fiue shillings sterling for euery ryall of eight . but the other two third partes shall be paide heere in england vnto their assignes . and the said factors shall not be entertained into the companies seruice for lesse then seauen yeares , except onely in some speciall occasions of principall men it is left vnto the discretion of the gouernour , deputy and committees , to agree with them as they shall see cause . cclxxvii . the wages which herafter shall be paide vnto any of the commanders , factors or marryners , that returne home in the companies ships from the jndies , or to the executors and assignes of them who happen to dye in the voyage , shall be made vp iustly by the chiefe accomptant , assisted by any one of the auditors , in the presence and with the approbation of one or more of the committees appointed for entertaining of maryners : and thus by warrant from them all signed , the clarke of the wages shall pay euery perticular man his due , reseruing the said warrants for his discharge in the audit of his accompts . cclxxviii . the companies officers heere in england vpon yearely sallary , shall haue their wages paide them quarterly by iust proportions . cclxxix . the said officers from henceforth , shall not take directly nor indirectly , any fee , payment or guift of the brethren of this company , concerning warrants , bonds , billes , transportations of aduentures , or any other seruice which ought to be by them performed in their seuerall places , but their labours of this kinde shall wholly depend vpon the yearely sallarie or other rewards , which shall be agreed or allowed them by the court of committees : onely the secretaries fees , which are vsually paide by them who are made free brethren of the companie shall be continued . cclxxx . there shal be no increase of wages giuen to any man , who ( in the course of the voyage whereunto hee is hyred ) shall happen to succeed or to be preferred to a higher office then that place wherein hee was first shipped . but if any such persons so aduanced shall bee found to haue well deserued for the benefit of the company , the court of committees may gratifie and reward them , as they shall thinke fit . gratifications . cclxxxi . the guifts and liberality of this company vnto worthy and well deseruing persons , shall bee at the discretions and disposing of the gouernour or his deputy , with the greater number of committees ; prouided alwayes that no guift or gratification to one man shall amount to a greater value then the summe of one hundreth pounds . for if there shall bee occasion to giue a larger reward to any perticular man , then in that case they shall acquaint the generall court therewith , and from thence receiue resolution and direction . cclxxxii . all gratifications which either haue been giuen heretofore or shal be giuen hereafter , to any of the companies officers in the realme of england , ouer and aboue their yearely sallarie , shall not remaine constant vnto them in the nature of wages , but such gratifications shall passe the iudgement of the court of committees once euery yeare , at the time of their election . cclxxxiii . the said gouernour , deputy , and committees , shall not allow or take vnto themselues , any summe or summes of money for and in consideration of their cares and labours in the affaires of this company , but the rewards of their deserts shall be referred once euery yeare to the pleasure of the generall court , wherein new directors shall be chosen , or to the next generall court following . cclxxxiiii . all guifts of whatseuer kinde , or to whomsoeuer giuen , either openly in court , or priuately by the order of court , shall be deliuered in the name of the company , by some committees appointed thereunto by the court , who shall render a perticular accompt of such priuate distributions at all times when the said court shall require the same . trade . cclxxxv . the trade for the east jndies shall be vnlawfull to all men , otherwise then in the generall or ioynt stocke , which shall be mannaged by the gouernour , deputy and committees , for and in the behalfe of all the aduenturers . and whosoeuer shall bee found directly or indirectly , to performe any other priuate trade , to or from the said jndies , or within any of the seuerall factories , or from port to port there , hee shall forfeit all the monyes , wares , interests , and other profits whatsoeuer ( or the value ) which shal be found to belong , proceed , or arise by any such priuate trade . and the said forfeitures shall bee recouered according to the tenor of his maiesties letters pattents granted vnto the companie . cclxxxvi . there shall bee a tolleration , onely for the incouragement of all the commaunders , factors and marryners , who shall returne home in the companies ships and seruice : to bring with them for their owne proper accompts , so much raw silk , beniamin , gumlacke , muske , sugar candy , drugges , carpets , quilts , hard-wax , preserues , wormeseeds , silke stuffes , beazar-stones , or any other wares whatsoeuer ( jndico , callicoes , dyamonds , and all sortes of spices onely excepted ) as they can bestow or packe into one chest for each man , of foure foot long , . foot & a halfe broad , and . foot and a halfe deepe , for which they shall not pay fraight or any other duty vnto this company . beadle . cclxxxvii . the said beadle shall dayly giue his attendance at the companies house , to know the pleasure of the gouernour or his deputy , for the summoning of courts ordinary and extraordinary , and other meetings of the committees , and shall diligently attend the courts , to performe such other duties as concerne his place . cclxxxviii . he shall vse all possible diligence in the warning of the generall courts , and especially the court for election of the gouernour , deputy , treasurers , and committees , leauing tickets at each mans house , and setting vp billes in the exchange three dayes at the least before the said courts . porter of the companies house in london . cclxxxix . the said porter shall haue a roome in the companies house neare the street doore , for his aboad in the day time , and a chamber for his lodging in the night . ccxc. he shall attend dayly to open and shut the street doore , and the backe gate vpon all occasions needfull , and hee shall diligently obserue such persons who enter and depart the companies house , especially those who may seeme to be suspitious , or are found to bee troublesome by outragious speaking , swearing , gaming , quarrelling , fighting , or other disorders , and shall cause them forthwith to auoyde the house . also to apprehend such as shall haue stollen or doe attempt to pilfer , or performe any other thing in the said house , contrary to his maiesties lawes . ccxci. he shall euery night before supper , call john blount one of the companies officers , who is lodged in their said house , to walke the round with him into all the open roomes and places , where they shall carefully view , and after locke vp the doores , and deliuer the keyes vnto the companies secretary . ccxcii . the street doore shal be shut and chayned euery euening presently after departure of the officers : and if any chance to knocke later within night , answer shal be made them without vnchayning the doore , vntill the party and his arrand be knowne vnto the rest of the officers lodged in the companies house . ccxciii . the street doore and backe gates , shall shut each of them with two lockes of seuerall openings , to the intent that euery euening one key of each doore may remaine with the porter , and the other keyes to be deliuered to john blount aforesaid , who shal be present to see the said doore shut and opened daily , and shal also haue care and , assist the porter to preuent all disorders in the companies house . ccxciiii . the porter shall haue the custody and care of the companies fewell and candles , that they be not wasted by others , and shall make the fires in the seuerall offices at the times appointed , and shall daily sweepe the great hall and parlour , the street doore , and all the yardes , light candles to the offices and in the lanthornes about the house , and to doe all other thinges fitting his place . ccxcv. all the officers and their seruants ( who doe lodge in the said house ) shall haue egresse and regresse into the same , viz from sixe a clocke in the morning vntill ten a clocke at night , and not before , or after those times , except onely vpon some speciall occasion by licence , or by the generall consent of the said officers . ccxcvi. the said porter , shall once euery weeke sweepe the treasury , and all the other offices in the companies said house . accomptants generall . ccxcvii. the booke-keepers shall obserue such order and method , in the mannaging of the accompts for the affaires of the company , as is at large set downe and deliuered them in an instruction . page . . ccxcviii . they shall not digest or enter into the great bookes , the accompts of the yards , factors , husband , warehouses , wages , imprest , storehouses , or any other accompts whatsoeuer , before they be audited , and signed by the seuerall auditors appointed thereunto by the court. ccxcix . they shall carefully review the workes of the said auditors , and if they finde any ouersight or errour , they shall presently cause the same to bee reformed . ccc . they shall not frame or make a warrant in full payment of any prouisions whatsoeuer , bought by the committees or others , without a bill of parcels subscribed by them , and also by the parties who solde the goods , that so the said billes may be fastened to the warrant for the discharge of the debts . ccci. they shall by the direction of the court , write all the companies letters , inuoices , billes , of lading , commissions , or instructions for the jndies , or to any other place beyond the seas , and the coppies they shall see fairely written into the seuerall bookes appointed for that purpose . cccii . they shall note downe in a booke from time to time , all the bargaines for timber , plancke , mastes , treenailes , deales , sheathing-boards , and the coppies of all , they shall deliuer vnto the clarke of the yard for his direction , in the receiuing of the said bargaines for the company . ccciii. they shall carefully passe the brokes vpon all mens accompts , whosoeuer shall not pay in their monyes at the times appointed . ccciiii . they shall declare where any defect is at any time , either in the officers in not deliuering vp their accompts , or in the auditors in not auditing the same . cccv . they shall not deliuer out of the companies house any the originals , or coppies of letters , iournals , consultations , commissions , accompts , or other writings which doe concerne nauigation , trade , or other secrets of the said company , neither yet shall they suffer any of them to be perused or read in the said house by any person or persons , but onely by such who shall be authorized thereunto by the court. cccvi . they shall yearely deliuer vp vnto the court at the fine of iune , a perfect ballance of all accompts in their charge . auditors in the court of committees . cccvii . the said auditors shall be sixe in number , and in all occasions of difference for matter of accompts which concerne the company , they are to examine and search out the truth , and to deliuer their opinions vnto the court , or else to determine and end those causes which shall be referred vnto them . cccviii . they shall acquaint the court when any diuident in money is due vnto the aduenturers , which take not out their stockes in goods . cccix . they shall vnderwrite all the warrants , which are directed vnto the treasurers , for payment of the diuidents in money vnto the aduenturers , and they shall subscribe to all the perticular accompts audited by the generall auditors , before they be entred into the companies great bookes . cccx . they shall haue authority to make inquirie and ouersee the affaires of this company , concerning the performance of all their lawes and standing orders . cccxi. they shall carefully take notice of the errors , negligence , obstinacy , or insufficiencie of any man whosoeuer in the companies businesse . cccxii . they shall be prepared at the generall court , on the last tuesday in the moneth of may , yearely appointed for reformations , faithfully to deliuer vp their collections or complaints to the company , if they be required thereunto . auditors generall . cccxiii. the said auditors shal be two in number , and they shal haue a roome or place to themselues , for their meetings in the companies house . cccxiiii . they shall once euery quarter ( at the least ) audit vp the cashes of the two treasurers , and the accompts of the husband , together with the accompts of the clarkes of the store-houses in london : the accompts of the clarkes of the imprest money and wages , the accompt of the clarke of the cordage , of the clarke of the yard , of the clarke of beefe and porke , of the clarkes of the warehouses , &c. and also all the accompts from the companies factors in the jndies , or any other accompts of factors , who make prouision of wares for the company beyond the seas : and after they haue exactly audited all the said accompts , they shall bring them to the view of the auditors committees , to be by them approued and subscribed , before they be deliuered vp vnto the accomptant generall , to be entered in the companies great bookes . cccxv. they shall vse speciall care and diligence in the audit of the accompts of money taken vp at intrest , to see from time to time , that the company be not charged with more then their occasions require ; whereof they shall giue a reason in the first court of committees after euery quarter day . cccxvi. they shall haue care of the generall accompts , to see that all the other accompts and parcels be fairely and truly entered into them by the booke-keepers , and that they be prepared to deliuer vp a perfect ballance of all the said accompts vnto the company , by the last day of iune yearely . audit of accompts . cccxvii . in the audit of all the companies accompts , it is required that the seuerall auditors thereunto appointed , doe carefully cast vp euery parcell , and so to follow the accomptants in all other their performance , that no miscasting or other errors may be passed for want of search . cccxviii . it is necessary not onely to draw vp accompts by forme vnto a perfect ballance , but also the very matter it selfe is diligently to be regarded concerning the issuing of the companies materials to their buildings , the prices of prouisions bought , the disbursements of charges and the like ; in any of which , if there be found exorbitance , or excesse , it shall be brought to the consideration of the gouernour , deputy , and committees , before the accompts be allowed . cccxix. and forasmuch as the affaires of the company are so contriued , that there is now little or no trust imposed in any perticular mans accompts : but that he hath also some checke by warrants , bils of parcels , or the accompts of other men : it is therefore carefully to be obserued by the auditors , that each accomptant produce such vouchers , as are at large set downe in an instruction for that purpose . page . freedomes . cccxx . it is ordered and agreed : that if by any meanes the names of any of the company are not mentioned in the charter granted by his maiesty vnto this society , that ( notwithstanding ) aswell they as any other , that are or shall be admitted of the company , by vertue of an order of court , heretofore or hereafter to be made , are in all respects as free of the company , as if they were expresly mentioned in the said charter . cccxxi. it shall be lawfull for each brother of the company , already free , or hereafter to be admitted , to make all his sonnes free of this society at their seuerall ages of xxi . yeares or vpwards , and all their apprentizes , who shall haue serued them vii . yeares at least by indenture , after they themselues were made free of this company . but such as are or hereafter shall be admitted a free brother of this society gratis , that is to bee vnderstood onely in their owne persons , and no otherwise . cccxxii . and it is further ordered , that any person or persons ( his maiesties subiects ) may from henceforth be admitted a free brother of this company by redemption . that is to say a meere marchant shall pay fifty pounds , and all others of whatsoeuer profession , vocation , or trade , shall pay one hundred markes for their seuerall fines , at their admissions by the gouernour , deputy and committees . cccxxiii . all the apprentizes of this company , and also such factors who shall haue serued them faithfully seauen yeares in the east jndies , shall bee made free brethren of this company . cccxxiiii . it shall be lawfull for the gouernour , or his deputy , with the greater number of the committees , to admit into this society gratis , any noble or well deseruing persons who haue merited , or may by them bee thought worthy to receiue such fauour from the company , paying onely the officers fees , and xx. s. to the poores box , at the time of their seuerall admissions . cccxxv . all such as shal be made free brethren ( hereafter ) of this company , shall take an oath in the presence of the gouernour , or his deputy , and sixe committes at the least , before they be admitted into this society . cccxxvi . from henceforth all such as are to be made free of this company by patrimony or by seruice , shall require the said freedome within twelue monthes after they are capeable of the same , pena fiue pounds , except by motion made in a court of committees , they shall haue further time granted them . penalties or fines . cccxxvii . generally whosoeuer ( in office for this company ) shall bee found to breake any of the companies lawes or orders , through wilfull neglect or insufficiency to the performance of his charge , hee shall be forth with displaced , and also bee further proceeded against according to the quality of his offence . cccxxviii . it is ordered and agreed , that all such as hereafter be chosen gouernour , deputy , treasurer , or committees of this company , and doe refuse or will not take the said offices vpon them : shall forfeit and pay to be freed thereof for one whole yeare , such reasonable fines as the generall court shall thinke good . cccxxix . the forfeitures which hereafter are to be payde by the committees for absence , or late appearance , in their courtes , and other meetings , without lawfull excuse ; or for vnseemely speaking , or wilfull and vnciuill interrupting of each others speach , or priuate conferences , to the disturbance of their said courts and the like : shall be imposed from time to time , at such rates as the gouernour , or his deputy , with the greater number of the committees shall see cause , for the better effecting of the companies affaires , and preseruation of order among themselues . cccxxx . it is ordered for pacification of controuersie in arguments in the generall courts and meetings of committees , and of lowde or confused speaches , that when the gouernour or his deputy , commaundeth silence by the stroke of the hammer , that then euery person bee quiet and still , pena xii . d. for euery such offence . cccxxxi . for better and more speedy payment of all debts due vnto the company by bond , bill , or for aduentures , or otherwise by any brethren of the same , who shall not make payment to the treasurer or to such other as shall be appointed for that purpose , at the time and place limitted and set downe , shall forfeit and pay to the vse of the generall company ( besides their principall debts ) the summe of xl s. vpon euery c. l. for each month they shall omit to bring in the same , and so after the said rate for a shorter or longer time , whether it bee vpon a greater or a lesser summe of money to be proportioned . cccxxxii . all fines now or hereafter to be forfeited by the brethren of this company , for breach of any the ordinances of the same , shal be by him or them presently paide to the vse of the generall company , or charged vpon his or their stocks or aduentures with this society , to the vse aforesaid : or hauing no stocke or aduenture with them , to suffer imprisonment during the pleasure of the company , according to the power which is graunted them by his maiesties letters patents . lawes or orders . cccxxxiii . the lawes or orders now made , together with his maiesties letters patents to the company , shall be brought by the secretary vnto euery court , that they may be perused in all occasions which shall happen . cccxxxiiii . the lawes or standing orders of the company , shall be publickly read in the beginning of a generall court , to bee holden on the last tuesday of the moneth of may yearely if it be required , and then the making of any new orders , or the abrogating of any of these which are already made , shal be offered to the consideration and resolution of the generality . cccxxxv . all lawes or orders heretofore made , being repugnant or swaruing from these , shall henceforth be voyde . the order and method that the accomptants generall shall observe and performe in the mannaging and digesting the accompts of the company : as followeth . for the more conueniencie in the mannaging of the said accompts , consisting of so many perticular estates and aduentures , and disposed into such diuersity of imployments and returnes ; you shall deuide the said accompts into two bookes , namely , two iournals , with their two lidgers : the one whereof shall be the accompt proper , and the other the accompt currant , in each of which , you shall handle these perticulars following . in the booke intituled accompt proper , you shall enter euery perticular mans aduenture ( according to the proportion he hath ) mentioning his name and quality so neere as you may , making him creditor for his said aduenture in perticular , according to the payments he bringeth and payeth in , that the acquittances giuen per the treasurers , and your bookes may agree vpon all occasions . in this booke you shall enter perticularly the payments and satisfaction that is made to euery aduenturer ( for his aduenture ) as it is taken out by him , be it in money or goods ; plainely shewing wherein , and when euery man is satisfied his aduenture : and you shall in these bookes charge no man for any thing , saue what is deliuered on his stocke . in this booke likewise you shall enter euery yeares totall imployment sent to sea , be it merchandize , ships , victuals or charges incident , after the same shall be first at large , and after perticularly contracted and digested in the bookes of the accompt currant , which you shall yearely by a parcell of ballance bring ouer to this accompt , and here in one accompt enter plainely and distinctly the merchandize first , then the ships with their victualling , and that yeares charge successiuely ; that it may readily appeare what euery yeares imployment and charge amounteth vnto , and wherein it consisteth . in this booke you shall also enter all factors accompts both for sales and imployments made in and receiued from jndia , and although euery ships returne may consist of diuers sorts of merchandize , you shall notwithstanding in this booke arme but one accompt for any one ship , but shall in that accompt both in iournall and lidger , successiuely enter euery commodity , expressing his quantity and cost . in this booke you shall also onely keepe the accompt of profit and losse , and shall cleare no accompt or voyage , till the same be fully accompted for , and shall also in this accompt passe vnto euery man his profit or losse , as the stocke generall shall produce . in the other bookes called the accompt currant , you shall enter and digest all manner imployments and returnes , amply and perticularly ; in the mannaging whereof you shall obserue this order following . for the outward imployment or issue of the stocke afore mentioned in the other booke , you shall deuide the same into foure branches , that is to say ; the state of merchandize , and of them you shall keepe distinct and seuerall accompts in their proper kindes and denominations , not confounding many together : and the said commodities as they are disposed into voyages , you shall cleare by the voyage wherevnto they are dissigned , and so euery yeare cleare this branch , vnlesse any be left which may remaine on their accompts till the future yeare . the state of shipping , which you shall likewise seuerally keepe euery ship by it selfe , charging the same perticularly with euery materiall that is expended thereon , aswell to the building , as furnishing , and for store , together with the charge of wages of workmen imployed therin , till the such ship be fully furnished to sea. and for plainer and ready performance hereof , you shall keepe all the materials , that are required to the building and furnishing of ships in their seuerall denominations and kindes , ( and not heape them confusedly in the names of officers and storehouses ) that so it may readily appeare how much of euery prouision is spent yearely , and how it is spent , to the end necessary and competent proportions may alwaies bee prouided , without superfluety and vnnecessary charge . the state of victualling , you shall likewise keepe in their seuerall denominations and kindes , and the expence of them , charge on euery ship according to his proportions , that of these kindes may appeare what is yearely expended , and needfull to be prouided . expences generall , such as are gratueties , salary of officers , rents , charges , ordinary and extraordinary , and such like : which you shall likewise keepe distinctly , euery one in his proper name and tytle , that of this quality also may appeare what is expended yearely . and for conclusion of this accompt of imployment , for that euery yeare breedeth his voyage , and charge of ships , victuals , &c. as aboue ; you shall drawe out of these branches euery yeares imployment , to one head or voyage , and thereon charge , first , the marchandize agreeing with the inuoice ; next the ships , and the victuals ; and lastly that yeares generall charge , and this in perticular , and successiuely : which thus contracted , you shall in one parcell ballance and beare ouer to the booke called accompt proper , and there reenter as is ordered in the third article , for the ordering of that booke . svch necessary accompts as arise in the currant of this busines with factors beyond the seas for prouision of forraine commodities , officers at home for the defraying of charges , and monyes deliuered for prouisions before hand , bee carefull to keepe distinctly and plainely that one accompt be not confounded with another . for all commodities returned from jndia , which in the other booke you haue entered according to the inuoyce in one accompt , you shall in these bookes handle perticularly each commodity in an accompt by it selfe , and the sales thereof , on which commodities you shall charge his proper charges , and duties paid here in england , and the same being fully sold , you shall passe the nett proceede thereof into the other bookes , and there make the same good to the inuoyce or accompt it belongeth . for such ships as shall returne from jndia , being first praised , according to the companies order , you shall enter perticularly in this book , and the same being fully perfected , you shall in one parcell passe the same ouer to the other booke , and there allow the same in one totall ( referred to this booke ) to the voyage it belongeth . for wages and charges that shall arise vpon any ships discharge or returne , you shall likewise handle in this booke , and the same being perfected , passe the same in one entire parcell to the other booke , and there charge the same vpon the accompt or inuoyce it belongeth ▪ that by this meanes it may plainely appeare , what is got by each perticular commodity , and euery ships whole lading . both in the one and the other accompt , you shall not passe any thing without a sufficient voucher to iustifie your iournals parcels vnder some committy or officers hand . and for conclusion of all , you shall digest and enter all accompts into the iournall your selfe with your owne hand , for we will admit of no diuersity of hands : and being therein digested , wee haue appointed jeremy sambrooke to assist you for the passing of the said iournals into their lidgers , and also in any businesse belonging to these accompts ; whom we would haue to be acquainted with all other matters , to the end ( that if god shall otherwise dispose you ) he may be able to goe forwards with the businesse , and giue vs a reason of the premisses . orders to bee obserued for the better vouching of sundry accompts , and haue reference to certaine other articles , set downe for the perfect auditing of the companies accompts , as in page . treasurers . first let the treasurers vouch all their payments in generall , by the receipts of the parties who shall receiue any money of them , and also by the warrant of the gouernour , or his deputy , with foure committees at the least ; onely the payments to the aduenturers vpon stocke , shall passe by the warrant of the auditors . let the monyes receiued for freedomes bee compared with the secretaries booke , wherein hee noteth downe the times , conditions and names ▪ of all those who are made free brethren of the company . clarkes of the yard and storehouse . let the payment of euery weekes wages to all the workemen in the yardes , be vouched by the notes of the committees , who goe weekly to the yardes to see the said wages paide . let the accompts be carefully examined for all thinges whatsoeuer deliuered into the yardes vpon bargaines made , and the like concerning the clarkes receipts for all the materials prouided and sent into the yard by the husband , or by any other for the company . let the bookes of all the subordinate officers in the yard , which are digested into the clarkes great bookes , bee diligently compared together , and the like by the receipts for materials deliuered ouer from one officer to another . let the bookes and receipts of the purcers in the companies ships bee duely examined for all prouisions , stores , victuals , or marchandize deliuered out of the storehouses , yardes , or by any of the companies officers , and charged vpon the said ships . clarke of the slaughterhouse . let the charge of the clarke of the slaughterhouse , be compared with the accompts of beefe and porke , and let his discharge vpon shipping be examined with the purcers bookes . let no accompt passe ( without the knowledge and order of the court ) wherein the offals of the beefe and porke , doe exceed those seuerall rates in the tryall made for the company , which is registred in the booke of remembrances , in page . . clarke of the imprest money and wages . let the accompts of the clarkes concerning imprest money , bee examined by the booke of the committees , who entertaine the marriners ; and by the bonds of the parties to whome the money is imprested . let the wages which is paide to marriners wiues vpon accompt for their husbands , be vouched by the order and warrant vnder the handes of the committees , who entertaine the said marriners . let the wages which is paide to the marriners after they returne home , be vouched by order and warrant vnder the handes of the committees , the accomptant generall , and one of the auditors . accompts of wages . let the accompts of wages for commaunders , factors or marriners , be compared with the acts of court , and with the booke of entertainment kept by the clarke of the imprest ; and let the time of any of their deaths , and their debts be examined , by the aduises or letters out of the jndies , and by the purcers bookes . warehouses . let the warehouses for marchandize bee charged with a booke for that purpose , wherein euery perticular commodity is set downe by number , waight or measure , as it is receiued out of each ship seuerally . let the said warehouses bee discharged according as all the said commodities shal be deliuered out , by lawfull warrant subscribed by the gouernour or his deputy , and the committees of the warehouses . purcer generall . let the purcer generals accompts for wages paide aboard ships , be vouched by the purcers bookes of each ships . petty charges . let all petty charges which is disbursed by the husband or any officer to the committees , or to any others , for their occasions in the companies busines , bee vouched with a note vnder the parties hand writing , to whome the money is payed and warranted , as is ordered . factors accompts . let the factors accompts concerning number , waight and measure of euery cargazon sent out or receiued home , bee examined , the one by the inuoyces , and the other by the booke for discharge of each ship , into the companies warehouses . let the bookes of accompts from bantam and suratt , concerning the affaires of the subordinate factories , which are digested into the said bookes , be compared with the originall accompts . olde stores . let it bee diligently obserued that euery officer , who shall receiue any olde stores from the companies ships which returne home , bee accomptable for the same by the booke of inuentaries , wherein all such thinges are noted downe perticularly . brokes . let there be care taken , that the brokes bee iustly charged vpon all mens accompts whosoeuer , that shall not pay in their monyes at the times appointed , and if any mans accompt bee found to receiue fauour in this kinde by order of court , then let the court bookes bee searched , to vouch the parcell . gratifications . concerning all the gratifications giuen by order of court , let euery parcell be examined by the court bookes . billes of parcels for all goods bought . and generally let all the marchandize , prouisions , victuals , and stores bought , either by the committees , the husband , or any other for the company , bee vouched by a bill of parcels subscribed by them , and by the parties who solde the goods . finis . reflections upon the east-indy and royal african companies with animadversions, concerning the naturalizing of foreigners / by roger coke. coke, roger, fl. . approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) reflections upon the east-indy and royal african companies with animadversions, concerning the naturalizing of foreigners / by roger coke. coke, roger, fl. . p. 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ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf- unicode or text strings within braces); or lossless xml (tei p , characters represented either as utf- unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng east india company. royal african company. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion reflections upon the east-indy and royal african companies . with animadversions , concerning the naturalization of foreigners . by roger coke , esquire . london , printed in the year , . chap. . reflections upon the east-indy company . monopolies are the most wicked , tyrannical and injurious usurpations over other men , and the greatest violations of the law of nature , of any other , and are so much worse than robbery , by how much the quality of them is worse , and the extent farther . a monopoly , is the arrogating a power of working or trading , by one man , or company of men , exclusive to all other : here consider , that all men are born naked , and the generality of mankind have nothing but their labour , industry and ingenuity ( i do not mean undue craft and deceit ) to feed , cloath and provide themselves an habitation with ; and therefore for one man , or company of men , to impose upon all others besides themselves , a negative of not working or trading , infinitely resolves into all others , who , if this restriction had not been , might have not only subsisted in these trades and imployments , but also have enlarged and improved them by their industry and ingenuity ; for all arts are infinitely improvable , and one man in the present time , and another in future generations , may proceed further in any art than was known or understood in former ages , which will be lost , if this man shall be excluded from having any benefit of it , or be punished for working in it . if one man , or company of men , rob another , or more men , this extends no farther than the loss of what these were robbed , which it may be is easily repairable : but for any man , or company of men , to arrogate to themselves a power of robbing all others in those imployments , which they ascribe to themselves , for ever ruins multitudes of men and families , which might have been imployed in them : and let any prince consider the consequence of granting monopolies to his subjects ; for if any of his subjects , which might have been imployed , if the imployments and trades had been free , shall , to supply their necessities , steal or beg ; the same prince hangs and punishes these poor people for not working , when before he had given others a power to punish them , in case they did work. nor are these monopolies less impolitick than wicked and injurious ; for the greatest benefit which any country or kingdom enjoys , is by the imployment of the inhabitants , which being restrained to a few , the residue become a burden to that country to maintain them , and these also become dangerous to that country for want of imployment : from whence it follows , that they must either seek unlawful means to subsist , or flee into other countries to get subsistance there , which was denied them here , and this will be in double proportion , as much to the benefit of that country , as a loss to this . besides , monopolies , i say , are injurious to the rest of the inhabitants of the kingdom and country within , and to the vent of the foreign trade of them ; for by their restraint , the inhabitants shall pay dearer for worse commodities , than if the trade were free ; and being dearer and worse than in other countries , enables the inhabitants of those countries to vend these in foreign parts , whilst these are necessitated to be consumed at home . objection . if any finds out a new invention beneficial to the country , in any mystery ( which he could not have done , in case he had been restrained from working in it ) the king , by act of parliament , may grant him the sole use of it for years . answer . but then where there is no mystery for the benefit of the subject found out , the king can grant no patent , or monopoly for any other , or the law had been in vain , if the king could have granted such patent without it . 't is true , that it is great wisdom in any king and state , to give all due encouragement for improving any art or mystery beneficial for the country ; but this of granting a patent for the sole use of it for fourteen years , is of all other the worst , and will be of little use to the country ; whilst the inhabitants of other countries , will have manifoldly more advantages by it : for when this mystery shall be practised , it will necessarily be known to others , besides the first projectors , and so cannot be contained in the limits of that country ; and when this shall be known in other countries , where the working it shall be free , this will be so much cheaper wrought and vended , than where it is more restrained ; and therefore i have heard that the dutch ( who are wise in their generation ) will give noble rewards to any who shall find out any new beneficial mystery , but then they will permit the use of it to be free . king james the first , in the first year of his reign , viz. may . , issues out a proclamation , calling in several monopolies ; and in his speech at the opening the first parliament of his reign , exclaimed mightily against them ; and in the second year made peace with spain , whereby the english solely ( the dutch then being at war with spain ) enjoyed a more beneficial and enriching trade than any other . but the king had no sooner made this peace notwithstanding his proclamation and speech in parliament , but he incorporated the spanish trade exclusive to others ; which the wisdom of parliament , in that celebrated law . jac. c. . made free for these reasons . . for that trade is a nationall interest , and the support of the nation , is to be upon a publick account ; and therefore the incorporating the spanish trade , to a few , enfeebled the publick support of the nation . . it would ruine infinite numbers of artificers , whose labours would be maintained , if the trade should be free , which could not be if it were restrained to a few , and these would have a prerogative of giving what prizes they pleased unto poor artificers , otherwise they should not be imployed . . the incorporating this trade , would restrain the navigation of the nation ; to the manifold ruin of many mariners , which otherwise might be imployed in it , and also multitudes of ship-wrights , and ship-carpenters , which may be imployed in it . . the incorporating this company , would cause a dearness upon all sorts of commodities returned in this trade , the corporation being hereby enabled to set what prizes they pleased upon them , otherwise none could be had . . the incorporating this trade , would so much more lessen the king's revenues by customs , as the trade hereby should be diminished ; and all these reasons are as strong against all other companies which trade exclusive to other men , whether it be to hamburg , muscovey , or to the countries and kingdoms within the sound , as in the spanish trade ; and , i say , it was this most beneficial law which has enabled this nation to continue the spanish trade to this day , whilst it hath lost those . and if this king were so loose of his royal word , almost so soon as he made it , it cannot be doubted , but that he will be more constant of it afterward ; for in the parliament , in the eighteenth year of his reign , no less than monopolies were voted grievances , and damned ; and as the father laid the foundation , so his son built upon it ; for in the year . when king charles marched to york against the scots , who then had invaded england , upon the the complaint of the northern gentry , he recalled by proclamation thirty one monopolies ; and then declared he did not know how greivous they were to his subjects , because he was governed by such ( i cannot say ) counsels , that no man durst before complain of them . from monopolies granted by these two kings , we proceed to that of oliver cromwel , in his erecting this now east-indy company , an. . to trade to the east indies , exclusive to all others of the nation ; but before a further view be taken of this patent , its fit to see the extent of it , under the title of the east indies , and if i mistake in it , it is in the power of the company to correct me . their patent extends from cape bon sperance , to the north of china , taking in the eastern coast of asia , with the eastern coast of china ; together with all the islands which lie between the cape of good hope , and the north of china , which i say is more , if you compute the coast on both sides of the red sea , and the gulph of persia , than half the circumference of the globe of the earth ; and that their power may be as unlimited , as the extent of their dominion , they doubly impose an oath upon every member , to be true to the company : how oliver was endued with such a prerogative , needs not be disputed , because he would have his will to be law ; but i do not find any king of england , ever assumed such a power , nor any other , but the convocation , which imposed the oath ex officio , without consent in parliament , an. . however oliver would , in his zeal , have the pope to be anti-christ in exalting himself above god , and in disposing the kingdoms upon earth , wherein the pope and he were simeon and levy ; but herein the pope and he differed : the pope would have all his own tribe to partake of his blessings ; whereas oliver , by this patent , excluded all the rest of the english nation in this trade , but permitted the dutch , french , portuguese , hamburgers , &c. to trade in it , it may be , because he could not help it ; yet i do not find he , or his company , ever made war upon them for so doing , though his company has upon the rest of the english nation , and that with such barbarity , as was never practised , by turks , jews , or any other infidels upon them ; it s too long to recite them here , this parliament has heard thereof sufficiently ; and are particularly set forth by mr. white , in his account of the trade to the east indies . but though the company have not been pleased to make war upon any other nation but the english , for trading to the east indies ; yet they were pleased to make war , without any declaration , or cause , upon the king of syam , and the mogull ; and rob the mogul's subjects to carry on the war , as mr. white observes , and whilest the company have thus rent themselves from the rest of the english nation , they patiently submit to the dutch in forcing poloroon from them , caused by their own neglect and avarice ; from which the dutch are become the sole proprietors in the spice trade ; and also from the trade to bantam for pepper , whereby they are forced to trade for it to the most unhealthful parts of sumatra , ( which queen elizabeth forbid ) whereby we lose more english men than the trade is worth , which is little regarded by this company ; and whilest they are making their causeless wars , upon the king of syam and the mogul they permit the sophy of persia , whose predecessor an. . granted the english the half duties of all nations , trading into the gulph of persia ; and which in the year came to l. per an. ( i would know by what right this company claim these ) to reduce them to l. per an. and is it not strange this company should exclude the rest of the nation from trading to the east indies , because of the charges of their forts ; and yet for years receive more from the sophy of persia , than the value of the stock they traded thither with . for the further frauds which this company exercises over the rest of the nation , in the returns of commodities from the east indies ; and how being a monopoly in the whole , they monopolize the sales by private contract among themselves , to the farther grievance of the subject . i referr the reader to mr. white 's account of the east indy trade , too long to be here inserted . chap. ii. reflections upon the royal african company . as oliver established this present east indy company , and excluded the rest of the nation from trading into that half of the world , which the company call the east indies ; so king charles the d. erected this present african company , excluding all others of the english nation from trading to africa , from the country of susa , to the cape of good-hope ; so that if you take the extent of this part of the coast of africk , its little less than a quadrant of the globe , being above degrees ; so that the prerogative which these two companies claim against the rest of their fellow subjects in these two trades , extend to two thirds of the circumference of the globe of the earth , and herein both are at peace with all the world besides , and only in a state of war with the rest of their fellow subjects , in case any of them presume to trade to either . here let 's see first the consequences of this restraint , upon the nation in the foreign vent of our domestick manufactures : secondly , in reference to our american plantations ; and thirdly , in reference to the returns , which this company imports into england from that part of africa , wherein they trade , i am not sure of the companies patent for this trade , they know better , nor will i take notice how far the export of our woollen manufactures have been restrained in other countries of england , i shall only take notice of it from the county of suffolk : before this african company was incorporated , the cloathiers in suffolk yearly vended cloths to africa , but about two years after this company were incorporated , the clothiers in suffolk , as they did before , endeavoured to have vented their cloths in the african trade , but they were not permitted , and the company would take off but , and those at scarce half the prizes they were sold before : hereupon both the great inquest of suffolk ( the guildalle , and the franchise of bury ) at their next assizes , presented this as a grievance ; and imployed sir jervais elvais ( who is now knight of the shire for suffolk ) and some others , to represent this to the king and council ; but the duke of york being president of this company , no redress could be had ; and so the case now stands at this day . so it is submitted to the wisdom of parliament , whether this exaction by this company , be not the ruine of many multitudes of poor english artificers ; and gives the imployment in them , as well as navigation to africk with these , to the dutch and other nations . i am assured that this company ( and the parliament may inquire into the truth of it ) after it was erected , carried it so that the planters in our american plantations , were not permitted to buy negroes but of the company , and the planters must buy only such as the company would sell , and at the price of l. per cent. more than they did before ; so this is submitted to judgment , whether this will not resolve into a dearness of all the products of our american plantations , and thereby enable both the french and dutch , who are competitors with us in these trades , to the endangering the loss of them , so far as either french or dutch shall carry on theirs in competition with us . the returns into england from africk are principally gold-dust , which is so much less as the restraint by the company is more . elephant's teeth and bees-wax i say nothing of bees-wax , but i say the company raised the price of elephant's teeth so high , that the dutch could bring them in cheaper , and so work the manufactures of them cheapor than the poor english could work them ; and this being a manufacture of holland , the dutch by the act of navigation may import them . hereupon several of our artificers in ivory , for several years , i 'll name two of them , mr. jole in the old baily , and mr. tanner in colemanstreet , were necessitated to go into holland , and work them there , and then bring the manufactures into england ; and whether this be not a grievous tyranny of this company over multitudes of poor artisicers in ivory , is submitted to judgment : yet this , as well as the east indy company , have the confidence to petition the parliament , to have this abominable tyrannies over the rest of their fellow subjects , to be established by a law. as these two companies are simeon and levi in their wickednesses over the rest of their fellow subjects , in the exercise of their dominion , so are their pretences the same for their so doing , viz. first , that these trades cannot be managed but by a joint stock , to the excluding the rest of the english nation , which is a lye diametrically to their practice ; for then interlopers could not trade in either , which , above all others , they persecute , by seizing their ships and cargoes , and imprisoning their persons ; and it s well they escape so . the second is , that they are at great charges in erecting forts , for securing these trades : if they have any such forts , as the east indy , the fort of st. george , and another at bombay , for which they pay ten pounds a year to the crown ; yet i fear the african company have not the same plea , now the french took from them their fort this last summer , at one of the mouths of gambo ; but the fort st. george , and that at bombay are of no use in the indian trade , being quite out of the way ; and if they be of use to the company , is this a reason that no english but themselves shall trade to near half the known world. the zealanders have built a fort , in the scheld called lillo , whereby they restrain all other nations , but the dutch , from trading to flanders and brabant , &c. yet sure it would be a strange impudence in the zealanders , to forbid the rest of the inhabitants of the united netherlands to trade to any part of the world , because they have erected a fort in the scheld called lillo ; yet they may do this , as well as these companies forbid all the other english to trade to africk and the east indies , because one company has fort st. george , and the other a fort at one of the mouths of gambo . but there is a difference between the zealanders and these companies ; for they permit the other dutch to trade up the scheld , and restrain foreigners ; whereas these companies permit foreigners to trade in the east indies and africk , and only forbid the english , upon pretence of their forts . and sure it is just with god , that these companies which have thus rent themselves from the rest of the nation , and insult over their fellow subjects , should themselves be subject to the insults and injuries of the french and dutch , without any reasonable prospect of relief from this nation , so treated by them . chap. iii. of the state of the nation , in reference to the law against foreigners enjoying the liberties of the natives of england . the glory and majesty of every kingdom and country is founded in the number of people , and the well ordering and governing of them : so that as the loss of any of the subjects , is a diminution of the grandeur and strength of that country , so is the addition of more subjects , an encrease of both ; and therefore it is not the greatness of the extent of a country which makes it formidable , but the number , and well governing of the people : so that though the kingdoms in spain , subject to the now king , be one hundred fold greater than the united netherlands ; yet these are five fold more formidable by sea and land than all those kingdoms in spain , wherein they cannot raise an army to defend catalonia against thirty thousand french. and as the strength and grandeur of every country is founded in the number of the inhabitants , so is the riches and trade of it , for every man s necessities is supplied by trade ; so that though men be poor , and maintained by the loss of particulars , yet in the whole , trade is encreased by it , yet more or less , as men live more or less in society and conversation ; and therefore wherever people are thin , or few , they are poor , lazy , rude , and of little use to the publick , yet a publick charge : as in spain , it may be the inhabitants are tenfold more than in holland ; yet by reason of the vastness of spain , the inhabitants are few and thin in proportion to it , so as all the wealth of the west-indies cannot support the burden of maintaining them ; whereas in holland , where the people are numerous , and daily conversant in business , every man is a benefit to the country , as well by strength and trade . we have formerly compared the state of spain and england , from not unlike causes ; for as spain's expelling the more , and the inhabitants excursion into the west-indies has exhausted the inhabitance of spain , and the inquisition debarred it of a supply ; so hath the peopling our american plantations , and the repeopling ireland since the massacre , and late wars , so much dispeopled england , as the peopling them hath been more ; and the law against naturalizing foreigners as a greater bar for a supply , than the inquisition in spain . as the law against naturalizing foreigners , debars the nation from a supply for the exhausting the nation in peopling ireland , and our american plantations ; so the priviledges of corporations , exclude all the rest of the nation , but the freemen , from trading in them ; whereby these men ignorant of their own interest , from the poor estate they are thereby reduced to , daily decline to worse , whereby it becomes impossible to encrease the strength and trade in them beyond the power of these men in them . to supply this defect , the commons in the third westminster-parliament , the d. of december , . gave liberty to bring in a bill for a general naturalization of all alien protestants , and allowing them liberty to exercise their trades in all corporations . so did the commons last session : and is not there as much reason all native english should have the same liberty ? but why must this liberty be permitted only to protestant artificers and traders ? for my part , i understand but little benefit can accrue to the nation by it , now the french king has expelled these out of france ; for as the case stands , holland , flanders and france are the places from whence we can expect any benefit by this liberty : in holland , artificers and traders are as free , as they can expect to be in england ; but in flanders , though they be an industrious and honest sort of people , yet they are all popish , and i am confident , if they might enjoy the exercise of their religion in england , multitudes of them would seek an asilum here , to be freed from the insults they are always subject to from the french ; and it s not unlike , but multitudes would free from the tyranny and oppressions of the french in their new conquests , if they might use their religion here . the english pretend to love english-men above all others , and it becomes them so to do ; but in our practise , this love is both partial and unreasonable ; i say , it is partial by the freemen in corporations , excluding the rest of their fellow subjects from working and trading in them , which is a prime cause of their poverty ; and i say , it is unreasonable to exclude foreigners from being a supply for those sent out of england , into our american plantations and ireland : suppose a man is so in love with his family that he will not imploy any other in managing his farm whereby half of it lies wast ; is it not unreasonable that he will not imploy none of his neighbours to help him to improve it to the best advantage ; or if by fire or rapine he cannot by his family preserve his house or goods , yet would it not be prudence in him in such case to make use of his neighbours ? is not the case ours ? have not the french and dutch upon the matter got from us all the fisheries upon the coasts of england and scotland , to iseland , westmony , greenland , and the newfoundland ; and are our poor port-towns , by excluding the natives and all other , in a condition to oppose them herein , much less to retrieve these fisheries from them ? suppose any one of these corporations should lose one half , more or less , of their ships and freight , would not this be so much a loss and weakning to it ? convert the proposition , and admit like number of others ships and freight , should set up and trade in that corporation , would not this be as much an enriching and strengthing to it ? and therefore if in this conjunture of time if it please god so to bless his majestys arms , that the french could not , or without great hazard , trade in the newfoundland fishery , and to green-land ; and the french might more surely manage these fisheries from our ports , whereby many of the french should buy fish from our ports , would be as much a strengthing and inriching to this nation , as it would be an impoverishing and weakning to the french. if we should permit foreigners to purchase lands in england , the nation without any hazard would get so much treasure , as the purchase-money is more , which had it not before , and retain the lands still , which it had before ; and be so much more strengthened as the purchasers are more ; whereas a merchant in acquiring wealth , runs hazards of being undone and gets no new inhabitants . ambitious princes venter their own dominions to acquire new by war , and that by oppression , rapine , murder , desolation , and making men miserable ; whereas by permitting foreigners the freedom of english native , we conquer without a war , run no hazard , and enrich and strengthen the nation ; and all this in double proportion ; for so much as the nation hereby gains , and is strengthned , so much are those , which may be enemies to us , impoverished and weakned . xenophon , in cyropoedia , says , that by reason of the goodness and justice of cyrus his reign many nations became subject to him , and was cyrus the less great and glorious by it ? why then should this law debar she nation the benefit which it might enjoy by naturalizing foreigners , whereby the nation would be so much more enriched and strengthened , as this admission of these foreigners shall be more . objection . if we should admit popish foreigners the freedom of english-men , it might endanger the peace of our church and state. answer . for my part , if i thought so , i would never plead for it ; for i do as much abhor the popish superstition , as any man , and am as fearfull of the usurpation which the pope arrogates over princes , and the consciences of men ; yet i apprehend no danger of either , by permitting popish artificers to work and trade in england , as well as holland : for it is one thing for popish priests and jesuits to make it their business to pervert men to their sentiments ; and another thing for poor people to make it their business how to subsist , which will take up their whole time ; especially where they are in a strange place , and strangers to the people , unless by accident in their dealings for their support , and also to the language of the people where they live : i would know what inconvenience has followed from permitting brewer in the year one thousand six hundred and sixty seven , and his followers , which were all papists , to instruct our natives in making and dying fine cloths ; and in all the tumults and wars in the late times , after the year one thousand six hundred and forty , let any shew any one instance wherein the walloons , or their descendents , planted in london norwich , canterbury and colchester , contributed to either of them , however they had been provoked thereto by the bishops laud and wren . besides if these men cannot be prevailed upon in their persons to alter their sentiments in their religion , their posterity may , if our church-men will make it their business . can any man believe that all sciences and arts , or the improvement of them is circumscribed within our english pale ; or would it become us , as the romans and grecians did , to esteem all the world besides to be barbarous ? or is any science or art less valuable because found out or improved by a foreigner ? was thucidides history of the peloponesian war , or plutarch , livy , or th●●●●…'s histories &c. or euclid's elements less valuable because written by foreigners ? or was christianity less valuable , because it was planted by foreigners ? and i say , next after spiritual benefits , the honest imployment of poor people , is it the greatest benefit to any nation : and i submit it to judgment , whether religion may not be better improved upon men in honest callings , than upon idle persons who subsist by pilfering , begging , stealand pining . edward the third was the most generous and noblest prince of the norman race , and did not he , notwithstanding the law against naturalizing foreigners , and against his own profit , introduce the walloons , who instructed the natives in making woollen manufactures ? and is this benefit less valuable to the english nation , because it was introduced by foreigners . after kett's rebellion in norfolk , the city of norwich became almost desolate ; and in the beginning of queen elizabeth's reign , it was often debated in council , whether it should be demolished , as being a receptacle of vagrant and idle persons , and so dangerous to the government . but queen elizabeth ( the most noble princess of the british race ) when the rage of alva's persecution , drove numbers of the flemins into england , planted them chiefly in norwich and colchester , who instructed the natives in making norwich stuffs , and colchester bays , and are not these above all places in the world become the most famous hereby ? or are the benefits less valuable , because the natives were first instructed in them by foreigners ; so king charles the d ( as is said before ) entertained in the year one thousand six hundred and sixty seven , brewer and his followers , who instructed our natives in making and dying fine cloths , thirty pounds per cent : cheaper and better than before ; and is this improvement less valuable , because the natives were instructed in it by foreigners ? i dare say at this day above an hundred thousand people ( men , women and children ) are imployed in silk weaving and silk throwing in and about london and canterbury , which was first taught by foreigners , are these therefore less valuable ? and is not the famous engineer sir martin beckman , a brandenburger ? or are the benefits the nation now enjoys by him less valuable , because he is a foreigner ? or would the benefits which the nation may reap by foreginers instructing our natives how to cure white herrings , pilchards and codfish be less valuable , if they were instructed in them by foreign people &c. conclusion . if i have but superficially , yet to the best of my ability , discoursed in this little treatise , so that the end designed by it , be not so manifest , but that a better and more intelligent person may make it more ; yet it may be a ground-work for another to do it better ; i am sure the design is noble the end being the publick's good. i was the rather induced to this undertaking , because the circumstances of the nation , as the case stands , render it very difficult to have the state of it truely represented : for the nobility , gentry , clergy and lawyers , whose interest it is to have the nation and trade of it encreased , whereby the value of the lands of it , would be so proportionably ; do not make it their business to enquire into it ; and our english merchants who understand it to be the interest of the nation to enlarge the trades of it , yet their interest , especially those which trade by excluding the rest of the nation , is to continue the trades of england , as they now stand ; for thereby they take off the manufactures of the poor natives at what prizes they please , and no more then they please , whereby the artificers in them , are not only reduced to poverty in working , but cannot be further imployed than these merchants please : and also impose what prizes they please upon the natives in their returns . in holland the interest of the states , is founded in their trades ; and they are generally merchants which understand it , and sit all the year round , and so no grievances arise in trade , but they take notice of them , and redress them . whereas our parliaments for near eighty years together , have either rarely met , whereby grievances have been so multiplied and fixed , and so many interested in them , that the body of the parliament has been distempered thereby , not only in electing members , but in their sessions ; so that as the humour of the times were , parliaments were continued for near twenty years together , and at other times discontinued above half as long ; but it s hoped these will be prevented in time to come , and then the parliament will be at more leisure , and in a better temper , truely to confider the state of the nation , in reference to what has been beforesaid . nota bene. here i make an end of these three heads , and what i have offered , if i mistake not very much , carries its own light with it , and is enough to convince the unprejudiced : if any think themselves aggrieved or injured hereby , let them object , and expose themselves , as i have done , and i shall either make my rejoynder , or comply with their sentiments : but for the further satisfaction of those that are well-wishers to their native country , and would have it flourish in trade and navigation , without which it cannot long continue , the figure it makes at present in the world , but must daily fall from bad to worse ; i may shortly advance something they may approve of , as conducing for the benefit of it , by way of reply to sir francis brewster's late book , entituled , essays of trade and navigation . finis