❧ A Defence of Paul Bassano the surviving Patentee, for the Importation of Fresh Salmon and Lobsters, etc. by a new Invention, which he most humbly submitteth to this Honourable house of Parliament.  

That the Invention is New.  1. IT is a new Invention amongst the English here, to bring Lobsters alive in Ships by Sea from foreign Seas, and streams; although the Dutchmen who are Foreigners can do the same. And howsoever he a little before the Patent did sell some Lobsters to the Fishmongers here, yet did not they know the secret of his Invention how they were taken, how preserved & fed, and the Art how they were brought; for every Wel-Boate will not bring them, nor is there yet any Shipwright in England that knows how to make a Well for that purpose without particular instruction. Nor did ever the Fishmongers, or any other before the Patent, bring any Lobsters by this or any other Invention alive, by Sea from any foreign parts. So there is no question of the newness of the Invention: but whether it be the only Invention of the Patentees, or of the Stranger. And who ought in our Commonweal to be preferred, they or we. But the now opposers did never buy of the Stranger, nor bring any Lobsters by Sea, by this or any other Invention, before the Patent.  

The benefit thereof to the Commonwealth.  2. That the Fleming was the first Inventor of bringing Lobsters alive by Sea we deny not: but that he was the Inventor of those things for our good we deny. And chose affirm, that by the Authority of this Patent, we have turned this Invention which they devised for their good, to the good of our Commonwealth. For when the Patentees upon their own adventure had employed Ships to Sea, and from remote Coasts had brought Lobsters by Englishmen to London, by the secret of this new Invention: 1. Then did they invent how to prevent the extreme exaction wherewith the Dutchmen circumvented and brought the English into thraldom. 2. How also to prevent and suppress the exaction, which those few Fishmongers (who bought the Commodity of the Dutch) did make upon the Company of Fishmongers, and so consequently upon the Subject. 3. How to make the Dutchman a Servant, who before was a Master, and to keep him within the compass of reasonable gain, that our Nation might have the better pennyworth. 4. How to have the commodity sold Cheaper, without any exaction upon advantage of scarcity. 5. How to bring them more certainly than they were before. 6. In more continued Plenty. 7. And better conditioned, and preserved in reputation good and Merchantable, which before was oftentimes bad and naught, even to the loathing of the same, and the Subject defrauded and cozened. 8. How the eater thereof becomes more content. 9 How to raise the little benefit that is gotten (in respect of the good which ariseth) out of the Stranger's purse, not our Countrymens', and yet our Nation to reap a settled benefit hereby. 10. How to preserve (at our charge) our Bullion and Coin in our Kingdom, which was, and otherwise would be subject to be embazeled by the Dutchman; Two or three thousand pounds in a year, being disbursed to them for this commodity. 11. How to increase our Navigation and Navigators, and to weed out the Dutchmen by degrees, as by encouragement of gain we can strengthen our own Nation, (knowing the secret of this Invention now as well as they) or at the least to make the other our Servant at a more reasonable price, than we can possibly effect the same. 12. Wherein none are restrained that had a benefit before. 13. The retailer hath more gain, and the buyer better content. 14. Former partiality is avoided, and the commodity is distributed equally to the Company of Fishmongers, aswell poor as rich. 15. The Patentees have been at more charges, for the good of the Commonweal to bring these things to pass, then yet they have received. 16. And the opposers are few; but there is a general assent that this Patent may stand.  
So as in conclusion, all things are carried in an even balance, whereby all parties receive encouragement in their labours; and this Commonweal the benefit, since this Patent was granted, which by no other means can be effected. And this Patent as it hath been governed, hath procured a commodity to this Commonweal and no discommodity; but if any be, it is to the Stranger whose exaction is prevented, and not to us. And yet though he doth not attain to the height of his expectation, he rests contented, because he hath no better remedy, so long as this Patent is in force, and daily makes suit to be employed.  
And herein the Patentees do not stand alone to justify themselves, but the Master and Company of Fishmongers using the Trade, do generally affirm and know the same: only some few contradicters, who (wanting experience, or for other private respects) do oppose the same. Neither can the opposers deny it, were they particularly examined and deposed to the questions abovesaid. This Patent also upon former opposition hath been generally approved by the whole Company of Fishmongers. And confirmed by the Lords of the Counsel, with this testimony by them added, that it deserveth to be continued and countenanced by our State and Kingdom.  
And whereas it hath been objected that we would by virtue of this Patent, seize upon the Lobsters of any other of our Countrymen that should bring them from other parts, Our desire is so much for the good of the Commonweal, to encourage our own Nation, as we are ready and willing to give free way (notwithstanding the Patent) to any of our Countrymen that will undertake it and perform it accordingly, better than now it is. Only we (for that purpose) will, as we do, by virtue of this Patent keep off the Stranger from exacting upon our Nation.  
And now we most humbly submit it to your Honourable consideration, who speaks most for the good of the Commonweal, either the opposers, or the affirmers. And whether, this Patent not being managed, (as some others have been) to the prejudice of any but to defend us from the exaction of the Stranger, and for the general good of all: and these particulars being proved, your grave judgements shall hold the same worthy your favours, and to be continued and countenanced for the good of the Commonweal. For they desire not if it be not found good for the State and Kingdom, that it do continue. Only they humbly desire it would please this Honourable house to call before you, or some Committee for that purpose, the Master and Company of Fishmongers using this Trade, and (if these reasons seem of any importance) to make trial thereby of the truth of that which we have affirmed.  

So as the substance of the premises is this.  
1. The exaction of the Dutch is prevented.  
2. The exaction of the Fishmongers also upon their Company.  
3. The Dutchman is made our Servant.  
4. The commodity is sold better cheap.  
5. It comes more certain.  
6. In more continued plenty.  
7. Better conditioned.  
8. The eater is more content.  
9 The benefit is made from the Stranger not our Nation.  
10. Our Bullion is preserved.  
11. Our Navigation increased.  
12. None restrained that had benefit before.  
13. The retailer hath more gain.  
14. Former partiality is avoided.  
15. The Patentees have been at more charge than profit.  
16. The opposers are but few, the assent is general.  
17. The whole Company of Fishmongers have approved the Patent upon opposition.  
18. It hath been confirmed by the Lords of the Counsel.  
19 Free liberty is given to any of our Nation to bring Lobsters from other parts.  
20. It stands with the policy of this State, by this Patent, to preserve our Nation from the exaction of the Dutch, which otherwise cannot be done.   
And all is humbly submitted to the pleasure of this house.  
Of these in order.  

The Proofs.  
1. THe exaction of the Dutch prevented. For whereas before the Patent, by degrees they raised the Lobsters 35. shillings in a hundreth, we have brought them back 20. shillings in abatement of the price; and by degrees would have brought them lower: for they would not stand to the casualty of the Market when they came, but be sure of their money before they went, howsoever the market fell out here.  
2. The exaction of the Fishmongers upon their Company avoided. For whereas they who bought the Ships ladings of the Dutch in gross, did retail them at 7.8. and 9 pound the hundreth; they are now never sold above 6. pound: and if they be small, they have two or three hundred for one.  
3. To make the Dutchman a Servant. For now we know the Invention: if he will not go for reasonable gain, we can set others on work, and none can draw him from us by proffer of greater gain.  
4. The commodity better Cheap. For the Fishmongers buy them at 6. pound the hundreth, whereas before they have been sold for 9 pound: and this is caused also by the daily coming of them, and the orderly usage thereof, as the Fishmongers themselves will justify.  
5. It comes more certain. Because we make the Dutch all become partners, though we do employ 20. Ships, for none may go before or behind another, but 19 of them shall help to lad and furnish away the 20. th': So as by that means we have every day a Ship ready to come away, if the wind serve from that place, Whereas otherwise if every man should lad himself, they would be a Fortnight or three weeks before they could be provided of a freight to defray their charges, And so sometimes they would come altogether upon a cluster, and be spoilt before they could be vented, and some whiles none in a Fortnight or in a Month together, whereas now they are here every day during the Season, the wind serving.  
6. The plenty is greater. For we have that daily by this order, which before we had but once in a Fortnight or in a Month: and then 4. Ships might happen to come together, and sometimes but one, which confusedness caused a scarcity afterwards.  
7. Better conditioned. Which must needs follow, because they now in two or three days lad a Ship, all helping together being partners, and they are brought away more speedily, which must needs come better, then when every one lading for himself, is two or three Weeks lading his Boat, by which means some are spoilt and dead whilst the rest are taking.  
8. The eater is more content. Which follows by the former reasons; for the Goodness, certainty, and cheapness being approved, he is encouraged to eat them.  
9 The benefit is raised from the Stranger not our Subjects. For we have brought him down from his former exaction, to a lower price, from whence ariseth the profit that is made, and yet they are sold cheaper to the Fishmonger.  
10. Our Coin and Bullion is preserved in our Kingdom. For we hire one of their own Nation here to give them Bills of exchange to receive their money in their own Country out of his estate there, and so they receive nothing from us but Paper.  
11. Navigation is increased. Because we having learned the secret of this Invention, have employed our own Countrymen, and still do, in Ships bought by ourselves, wherein we have lost two Ships at Sea among the rocks in the Adventure: and do offer our Nation for their encouragement 10. shillings more in a hundreth, than the Strangers hath for Lobsters, and by degrees as we can increase our own Nation, do intent to weed out the Dutchmen. But all cannot be done upon the sudden: for if we bar the Dutchmen before we have increased our own Countrymen to serve the turn, than would these opposers complain much more that the Market is not served; and we do the rather a while forbear, because of the uncertainty of the Patent: for if we should build 20. Ships ourselves (as we employ no less for this service) it would be a great prejudice and loss to have them lie upon our hands. But we will undertake, if we may have the favour of our State to our Patent, to weed out the Dutch quite within three or four years, and to plant our own Nation wholly in the Trade, as we have begun already, if it shall so seem good to this Hon: Assembly.  
Neither is there any hope to increase our Navigation in this kind, but by virtue of this Patent. For otherwise were the Dutchman at liberty, as he was before: he would first weary our Nation in underselling them, and when the Trade were come into his own hands, exact upon them infinitely by degrees at his pleasure as he did before, which he will effect by these means. First, he is more industrious, and lives more hardly than our men. And next. He can have money in his Country at 4. or 5. pound in the hundreth: so as if he make but ten pound in the hundreth, he is a great gainer. Whereas with us money is at ten pound, and we shall be loser's (regarding our hazard of Ships and Goods) if we make not 15. pound in the hundreth. And thus will he undermine us, and then make his own price as aforesaid.  
12. None are restrained that had any benefit before. These few opposers never had any Trading as aforesaid. But for those Fishmongers who bought Lobsters of the Dutchmen, The Patentees were so ready to avoid any cause of grievance, as they did grant the one half of the benefit of the said Patent to them, so as they rest well contented, though it abridge them of their former gain, because of the good to the Commonweal, and that by experience they do find the confusion that was before: the good Order that is now, and what thraldom they should fall into hereafter, in respect of the envy of some, if this Patent were put down, as also the Master and whole Company in general will not deny.  
13. The retailer hath more gain, because that which was wont to come monthly, comes now daily, and because they are sold to him cheaper, and better as aforesaid: so the eater being encouraged to buy, they sell the more, and never lose by them, being now good, which they often did when they were bad.  
14. Former partiality is avoided: for whereas before the Fishmonger who bought a Ship of Lobsters of the Dutch, If there were profit to be gotten thereby, would sell them to none but to his particular friends by hundreths, who traded with him for other Commodities, so as the poorer sort could seldom or never get any, but to their loss in a glut. Now they are made out by lesser parcels, equally, and so distributed to poor as well as rich: They have them without money, and pay not till they have made their profit, and sometimes never pay.  
The other points, are sufficiently explained in the former discourse, and therefore to avoid prolixity omitted here.  
Only this we are bold to add, that the Patentees have also in this Grant a Privilege, for bringing Salmon fresh and unsalted by a new Invention (wherein though they did not undertake so much) yet have they by their Invention brought Salmon alive from Scotland to England in the hottest and most unseasonable times of the year: and for a sample and testimony thereof, presented one alive to the Lord Mayor of London that then was: which never any English man or other did before. Yet seeing our Patent hath been daily opposed by some vainglorious, or envious spirits of the Fishmongers, and threatened to be thrown down; we have forborn to put the same in further practice, lest we should with the Bee, gather honey for Drones to suck, till we see how this Kingdom will cherish our good endeavours for the Commonweal, as the Lords of the Counsel have done already. For it stands with the policy of all States and Kingdoms, to support and countenance new Inventions with most favourable constructions, when they tend and are employed to the good of the weal public, and to the hurt of none. As this Patent is managed.   

An answer to diverse feigned surmises and objections made against this Patent.  
1. Object. THat it is not the Inue●tion of the Pa●entees: but some Fishmongers maintained two Boats along the coasts of England, and the Dutch brought them by the same Invention from the Holy Lands two or three years before the Patent.  
Resp. That this is a new Invention 〈◊〉, for it was never known or practised by any Nation till two or three years before the Patent. It is not denied that the Dutch did bring this Invention first to light. But for two Boats pretended to be employed by Fishmongers upon the English coast two or three years before the Patent; It is not affirmed by the Patent that the Patentees were the only Inventors, and if he that had such skill, 〈◊〉 〈◊〉 for a privilege, no doubt but he should have been embraced, but he is dead and was a poor man (no Fishmonger) & learned it of the Dutch. 〈◊〉 we are, these few opposers never knew nor practised any such Invention before the Patent, and that the Patentees knew not at that time any such man, nor learned any such skill of him. But the Patentees are the first that ever brought this Invention to perfection, and settled the government thereof for the good of this Kingdom. And for any English man who can justly pretend skill in this Invention, or will employ himself; we will willingly give way to him to Traffic to places formerly Traded to by the English, and will give him more by a crown, or an angel in the hundreth of Lobsters than the Stranger hath of us for his encouragement. Though the opinion of Master Attorney General that last was, certified to the Lords of the Counsel; is, That it is no Trade unless it were of seven years' continuance before the patent.  
2. Object. That two Fishmongers were imprisoned by the now Lord Chancellor for opposing the pattentees, and driven from their Trade.  
Resp. These men were no Traders with the Dutch, or otherwise ventures for Lobsters before the patent: but setting themselves against the patent; they bought some Lobsters of the Dutch, who came straggling from their fellows, with a politic purpose to break the good order which was begun for the good of the Commonweal, and thereby to bring all to confusion again. A complaint being thereof made to the Lord Chancellor; upon due consideration of their bad in●ention, and examination of the matter, (they being refractory and refusing obedience to the patent) his Lordship committed them, and upon their submission released them again. And the most worthy of them was afterwards so far respected by the Patentees, as he was accepted to be a partner with them to his good content. And that this was just, and a fault in the opposers, appears in this, for that upon like complaint made to the Counsel Table, by the same men and others, their Lordships (notwithstanding) confirmed the patent against their opposition, seeing the same to be convenient and good for the Commonweal.  
3. Object. That the Dutchmen brought Lobsters in such plenty before the Patent, as they sold them for 3. pound and 40. shillings the hundreth.  
Resp. This is most false, for the Dutchmen would never go but he would be sure of his price before he came hither, which was 5. pound 15-shillings the hundreth: and if then when they were bad and naught, they were rarely sold at 3. pound, it was to the Fishmongers great loss, and discouragement to the eater for ever buying the commodity again. But when they were good and scarcer, they were sold for 9 pound the hundreth to the Fishmonger, but much more to the Subject, which was a great exaction: and now they are never sold above 6. pound, which is the lowest price they were sold for at any time before, (unless it were to great loss) and they have two or 3. hundreth for one if they be small. So as one hundredth at 6. pound, in such manner delivered good and sweet, is better than a hundreth that are stark naught at 5. pound, whereby the Subject is but deceived, and brought to a loathing of the commodity.  
4. Object. There are many Lobsters now sold by the Fishmongers which are extreme bad and naught.  
Resp. It is very true; but these are such dead Lobsters as are brought by Mariners from Newcastle, ready sodden, which seldom or never come good. But those that come by this Invention are delivered sweet and Merchantable.  
5. Object. The Lobsters are kept at Quinborough, to the great loss of the Fleming and spoil of the commodity.  
Resp. This is a most false suggestion. For there is no comparison of them that die there and of those that died hear before the Patent: for if at any time they stay there, they are kept for preservation in their own element the Sea, and so fed. Whereas being taken out before they are ready to be spent, they are out of their element, and kept in Warehouses (which must needs be worse) four or 5. days together, where they pine away, die, and corrupt infinitely to the detestation of the commodity: But from Quinborough they are brought alive, and if any do pine there, they are cast away at the Strangers charge; the rather because there shall be no scandal upon the commodity, nor offence thereby to the eye, stomach, or purse here. For we do not suffer any that are bad to come hither. Nor is there any advantage by us made in this upon the Subject, for the price is never raised: so as the opposers have rather cause to give us thanks for our care, than thus to requite us with false aspersions, if either they remembered what hath been heretofore, or understood what would follow. But nothing will serve their turn but a dissolution, though themselves who are most forward to oppose (were the Patent dissolved) would soon find and feel the smart.