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book_n	ancient_a	enrich_v	great_a	14	3	2.1254	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55327	Of trade 1. In general. 2. In particular. 3. Domestick. 4. Foreign. 5. The East-India. 6. The African. 7. The Turky. 8. The Spanish. 9. The Hamburgh. 10. The Portugal. 11. The Italian. 12. The Dutch. 13. The Russia. 14. The Greenland. 15. The Swedeland. 16. The Denmark. 17. The Irish. 18. The Scotland. 19. The plantation. 20. The French, &c. Also, of coyn. Bullion. Of improving our woollen manufacture. To prevent exporting wooll. Of ways and means to increase our riches, &c. By J.P. esq; to which is annex'd, the argument of the late Lord Chief Justice Pollexphen, upon an action of the case, brought by the East-India Company against Mr. Sands an interloper.	Pollexfen, John, b. ca. 1638.; Pollexfen, Henry, Sir, 1632?-1691. Argument of a learned counsel, upon an action of the case brought by the East-India-Company.	1700 (1700)	Wing P2780; ESTC R218994	111,770	258

is not only the Members of the Company that were at the Time of the Corporation but those that after should be Members and their Sons their Apprentices Factors and Servants that are licensed by this Patent If licensing to trade with Infidels be a Trust and Prerogative in the King to be given to such Persons in whom the King can have Confidence that they will not be conversing with Infidels change or prejudice This can't be granted to a Body Politick and their Successors which may have Continuance for ever or to their Sons Factors Apprentices and Servants Persons altogether unknown not born nor in rerum natura when the Patent was made Suppose such a Licence to you to trade with Enemies I say 3. Supposing it to be in the King's Prerogative in Preservation of Religion to licence yet he can't grant this Prerogative to you that you shall have Power to grant Licence to whom you will Yet all this is done by your Patent for you have not only thereby Power granted you for your Apprentices Factors and Servants which are Persons that you your selves nominate and appoint at your Discretions and undoubtedly very religious But by your Patent it is expresly granted that the Company for any Consideration or Benefit to themselves may grant Licences to any Merchant Stranger or other to trade to or from the Indies And that the King will not without the Consent of the Company licence any other to trade Can this be a good Grant Can the King grant from himself his Kingly Care and Trust for Preservation of Religion to you that you shall manage it and that the King will not use such his Power without your Consent So that supposing that there is by the Law such a Trust reposed in the King for Preservation of Religion as you would have it yet the Grant to you is void in it self and then you have no more Right than we and consequently can maintain no Action against us 2. To consider the Books that you have cited to maintain this religious Point 1. Brownlow's Reports a Book printed in the late Times not licensed by any Judge or Person whatsoever The Roll is Michelburn against Bathurst Mich. 7 Jac. B. C. Rot. 3107. setting forth that the King had granted the Plaintiff his Commission to go with his Ship Tiger to the East-Indies to spoil and suppress the Infidels and to take from them what he could That there were Articles betwixt the Parties for Account and Shares of what should be got and upon those Articles a Suit in the Admiralty And what is it that is in the Case Nothing to the purpose but the Book mentions only what my Lord Coke said upon the Motion for the Prohibition Only a sudden occasional Saying not upon any Argument or Debate nor to the then Case So that a Man must be very willing that will much rely upon such a Saying I can't call it an Authority 2. For Calvin's Case That an Infidel is perpetuus Inimicus and can maintain no Action or have any thing and that we are in perpetual Hostility and no Peace can be made with them It is true that this is said in Calvin's Case but there was nothing there in Judgment that gave Occasion for it so that I can't think that it was much considered before it was spoken The Books there cited to prove it are Reg. 282. And all that I can find therein is that in a Writ of Protection granted to the Hospitallers of the Hospital of St. John's of Jerusalem it is said that the Hospital was founded in Defence of Holy Church against the Enemies of Christ and Christians But doth this prove that Infidels are perpetui Inimici with whom no Peace can be made that can maintain no Action The other Book cited is 12 H. 8.4 a Trespass brought for taking away a Dog and in the debating whether this Action did lye or not it is said That if the Lord beat his Villain an Husband his Wife or a Man outlawed or a Traitor or a Pagan they shall have no Action because they are not able to sue an Action So that this also is but Discourse and sudden Thoughts and Sayings where the thing was not in Question And what Authority is there in such Sayings It is true that Christian Religion and Pagaism are so contrary one to the other as impossible to be reconciled no more than Contradictions can be reconciled But because they can't be reconciled that therefore there should be perpetual War betwixt them and us perhaps is an irreligious Doctrine and destroys all Means of convincing Infidels to the Faith And besides these extrajudicial and occasional Sayings in these Books cited are of little Authority For I can't find any Book or Case much less Judgment or Authority for such Opinions in so great a Point as this is But on the other side if a Man considers the general Course and Practice Trade and Commerce and legal Proceedings a Man would think That my Lord Coke could not be in earnest in what he hath said about Infidels For let a Man consider what a great Part of the World we have Commerce with that are Infidels as Turks Persians the Inhabitants of Barbary and other Countries Spain and Portugal were also possessed by the Moors who were Infidels till about the Year 1474. about 200 Years since they were driven out for till then for near the Space of 700 Years the Moors possessed both Spain and Portugal Have we not Leagues and Treaties with the Princes and Inhabitants of the Infidel Countries receiving Embassadors from them and sending Embassadors to them and Ministers always residing with them Have we not from Time to Time Peace or War with them in like manner as with Christian Kings and Countries If Infidels be perpetui Inimici if in perpetual Enmity then we may justifie the killing of them as those that we are in Hostility with wheresoever we meet with them 17 E. 4.13 b. 2 H. 7.15 Adjudged that any Man may seize and take to his own Use the Goods of an alien Enemy 'T is the Price of his Adventure and Victory over his Enemy If an Infidel be any Enemy any Man may then take away the Goods of an Infidel and have them to his own Use And this would be a good Trade if this be so Mr. Sollicitor in his Argument was pleased to cite many ancient Rolls out of H. 3. and E. 1. and about those Times concerning those Princes handling the Jews In Mr. Pryn's Book that he calls The second Part of a short Demurrer to the Jews long discontinued Remitter into England printed in 1656. In which Book I believe an hundred Records and Histories are cited to shew how they were about those times handled The Time that they did exact and much enrich themselves by Usury to the great Impoverishment of the People And that the Princes of those Times polled them taxed them and took it from them again at Pleasure

If we should make a Free Port or Ports though such Ships as come in and such Goods as they may bring and load off may leave something behind them of Profit yet it would probably prove such a hinderance to our Seamen and Navigation to our own Merchants and Factors and to the Consumption of our own Manufactures by such Importations as may be made unless settled with such Restrictions and Limitations as may make a Free Port only in Name but not in Substance that it might prove as disadvantageous to us as it hath proved advantageous to that Duke and the Repayment we now make by Debenters on some Commodities of what paid for Custom Imported when the same Goods are Exported may be so settled as to give us all the Advantage we can expect by Free Ports After a full examination of these Libour and good Husbandry most likely to increase Riches and other such like Proposals for promoting of Trade and for the preserving and multiplying of our Coyn though some may be found useful yet none will probably conduce so much or so certain to it as the having of many People Laboriously imployed and the preventing of Luxurious Prodigal Expences and Consumptions at Home and costly Ingagements Abroad It is with Nations as with Families Those Masters that are careful and good Husbands themselves and keep their Servants to their Labour and frugal in their Expences generally thrive most so with Nations those that have the most Industrious People and are most Parsimonious will be the Richest And this is so absolutely necessary that all other ways without it may prove insufficient A Gentleman that hath but 500 l. per Annum that is Industrious with his Servants in Husbandry and content with his own for his Food and Apparel and careful to avoid unnecessary Outgoings and Expences may bring Money into his House and keep it too but a Gentleman that hath 1000 l. per Annum that keeps Idle Servants despises his own Food and Cloathing and instead thereof takes in Silks Wines and dear bought Commodities from Abroad in the room of them at the end of the Year either cannot bring Money into his House or not keep it long because of his Debts The same with Nations that neglect the keeping of their People to Profitable Imployments despise their own Commodities and are fond of those that are far fetcht and dear bought That undeniable Maxim That the way to be Rich is to be careful in Saving as well as industrious in Getting hath the same reference to Nations as to particular Persons or Families And although as with persons that have great Estates the effect of such a kind of management may not be so soon perceived as with those that have less yet in a course of time if no remedy be applyed the ballance of their Accompts will stand on the wrong side So with Nations especially such as have a great Trade may not presently perceive it but now that we feel the Effects of it high time to apply proper Remedies Thinking and Talking are usually the first steps to Reformation but it is good Resolutions and a due execution of them that must perfect and make it effectual It is true nothing of this kind can be done but may prove a hinderance to or diminishing some Trades but that may be an occasion of increasing others in their room more Advantageous Trades that are pernicious ought to be destroyed where it appears plain they are such Sumptuary Laws have seldom had any good effect Swnp'uary Laws If general then the Offenders may be too many to admit of strict execution and are alwayes looked upon as vexatious by the Tradesmen and Consumers both If relate to Foreign Commodities then the Nations concerned in those Commodities may take offence at them A good Example in great Persons may in many Cases have as good an effect if not then no remedy but Lawes to prevent the Importation of such Goods as may be found prejudicial it being sater to keep Thieves out of an House than to depend upon mastering of them when in No doubt the People of this Nation are of late Years much changed for the worse in course of Living What Tradesmen and Artificers spend extravagantly upon themselves or Families must be advanced in the Price of their Commodities they make or sell which is a great means to hinder the expence of some of our own Make For if any other Nation can afford them cheaper either Abroad or at Home those that work cheapest most likely to have the greatest Trades and the having Workmen cheap most likely to occasion the doing of much both in Husbandry and Trade Excessive Wages is a load upon a Nation and excess in Apparel or other Expences much the occasion of it or of its continuance but no way better to prevent it than by Example Education and gaining more People for the Labouring Imployments In order to discover what Trades did exhaust our Treasure To look into Trade brought in Commodities of no use but to incourage Luxury and Prodigality before this War or may probably hereafter it will be necessary to look into all Trades particularly that the Exports and Importsmay be stated which will be a Work that will require Time and need the help of Authority Till that be done no particular Remedies can be proposed or applyed upon good grounds Those Trades that have carried out much of the Coyn we had may probably in time carry away what is left or shall be gotten hereafter if care be not taken to prevent it In the Two Last Reigns about Five Millions of Milled Money was Coyned What Coyned the Two last Reigns and about Five Millions of Guineas the most of which and much of our weightiest Hammered Money is supposed to be Exported for little appears of it besides much Bullion that was Imported in those Years of Peace and Plenty of Trade for though much of that happily went to supply the want of Plate in Families which was consumed by the Civil War yet a great quantity was then also Exported which is a plain discovery that the Ballance of Trade stood against us in those dayes though then not so much taken notice of or felt as now occasioned by this long and expensive War with France and great Losses we have had by Sea It may not be difficult Carried out by the French Trade without making any new inspection to give an account of some Trades that did exhaust our Treasure before the War Upon an Examination taken out of the Custom-House Books in the Year 1669 it did appear that we stood Debtors to France upon the Ballance of Trade about One Million And it is concluded that for Thirty Years successively they had a very great advantage upon us The Wines Brandies Silks Linnens and other Goods Imported usually amounted to One Million and half and the little they took from us not half a Million having either prohibited or laid

please the Europeans and be most profitable for the Company Till then the Trade in Manufactured Goods or Raw Silk was inconsiderable in Value and not much Bullion Exported those Gentlemen that had the Management of the Affairs of that Company before often declaring That they would not adventure on those Commodities least should indanger the ruin of our own Manufacturies and of the Turkey Trade and raise a storm against the Company As ill Weeds grow apace so these Manufactured Goods from India met with such a kind reception that from the greatest Gallants to the meanest Cook-Maids nothing was thought so fit to adorn their persons as the Fabricks of India nor for the ornament of Chambers like India-Skreens Cabinets Beds and Hangings nor for Closets like China and Lacquered VVare and the Melting down of our Milled Money that might by the name of Bullion be Exported to purchase them not at all considered The Humours and Fancies of the People thus combining with the design of those that had the Management of the Affairs of that Company to make a beneficial Trade to such as had ingrost the Stock no Endeavours were omitted no Addresses to the Court neglected nor Expences valued that might tend to improve this good Opportunity which soon occasioned a very great increase for the supply of all those that were fond of those Commodities and large and plentiful Dividends out of the Stock for those that had ingrost this Trade But this great increase of Trade in such Goods could not be made without some hinderance to the Profit of others by the diminution of their Trades which were in a manner swallowed up by this from the East-Indies that they might help themselves by proper Methods Anno 1681 presented a Petition to King Charles the Second for the inlarging the Stock and Adventurers in this Trade Signed by the Ablest Merchants on the Exchange of London and great numbers and the Matter was referred to the Consideration of several Lords of His Majesties Privy-Council where it was Argued in the behalf of the Petitioners That though this Trade be now increased to be above one quarter part of the Trade of this Nation yet it doth not now support or entertain as Adventurers or Proprietors more persons than it did when the Company was first Settled though the Trade was not the One Tenth part so much for the Stock not being increased by New Subscriptions proportionable to the Trade but continuing the same 372000 l as at first upon which all Sales and Dividends are made the Adventurers instead of being increased from 900 they were at first to 9000 as the increase of the Trade required are reduced to 550 persons Such are the corruptions that have grown up with time in the Management of this Trade that the major part of the Gains therefore is divided amongst Forty Persons and the whole Administration and Command of it in the hands of Ten or Twelve Men who under the name of a Publick carry on a Particular Interest by Private Trade owning the Ships they imploy and other by-wayes Because the Method which this Company practiced of carrying on the Trade by taking up One Million of Money on a Common Seal at Interest is not only indirect and dangerous because oftentimes they have not in England to pay One Fifth of what they owe and there is a possibility their Ships may miscarry but also very unequal to the Subject the Members of the Company reaping near 100 per Cent. Gains per Annum thereby but the Lenders only 4 or 5 per Cent. Because the major part of the People of this Nation now living were either minors or unborn when this Trade was first Settled and many that Traded in Linnens from Hamburgh Flanders Holland and France and in Silks from Italy France and of our own Manufacturies have their Trades swallowed up by this from the East-Indies and are thereby deprived of their Livelihoods and can have no reparation but by an Admission into this Trade Because the inlarging of the Stock would occasion the inlarging of the Trade to Moca Arracon Achein Sumatra St. Lawrence Pegu Mozambig Sofoia Melinda Borneo Persia and Japan all places capable of a great Trade which would be of great Advantage to the Navigation his Majesties Customs and his Subjects in General It is agreeable to the order of a General-Court which this Company made at their first Setting up and the Arguments which they then offered to induce his Majesty to Grant them their Charter that they would at the end of Seven Years Ballance their Books and open them for New Subscriptions that so other Persons might come into the said Trade which is a more Natural and equal way then Carrying on the Trade by taking Mony at Interest on a Common Seal Though this Company had been the first Discoverers of this Trade yet it is not usual to permit that those who Invent or Discover any thing Improveable for common Good should keep such Discoveries to themselves and Successors to perpetuity only a certain Term of Years for Incouragement But this Company being not the Discoverers and having enjoyed the Trade 24 Years and made Ten for One of their Mony have been sufficiently Rewarded others without Reaping what they Sowed have expired for Publick good If this East-India Trade should go on Increasing as of Late and come to be Double or Treble what it now is yet without a new Settlement and larger Stock the Advantages will be Contracted to as few Persons as now it being probable that as it hath been more and more ingrost ever since the Year 1666 when first it begun to get Repute no one Man having then to the Value of 4000 l. Stock now several 50000 l. a Peice and One above 100000 l. So the same Temptations will occasion the further Ingrossiing of it thereby to keep the Management in their own hands by which they will continue Reaping the Advantages of the said Trade though should grow never so great and have as much Security for their Mony as the Treasure of the Nation taken up on a Common Seal can afford Because other Trades having for several Years past afforded no Considerable Gains several Persons who could not procure Admission into this Company have ingaged into an Interloping Trade which may in time prejudice the Trade it Self which the opening of Books for new Subscriptions and the inlarging of the Stook may probably prevent because it would draw in most of the Trading People of the Nation to be concerned and Leave no Temptations for the Interlopers to continue Trading Separate Because it is apparent the Turky Trade is of great Advantage to this Nation Exporting Yearly above 400000 l. in our Manufacturies and bringing home profitable and necessary Goods in return thereof and in danger to be destroyed by this from the India by their Importation of such an abundance of Wrought and Raw Silks It would be Severe if they who have deserved well of the Nation by

Dividends be true no good Arguments can be drawn from thence for erecting Corporations in Trade exclusive to others And therefore if the Method proposed for Regulated Companies to Trade in such Goods as may be thought convenient to be received from India can be made practicable should be preferr'd before Joynt-Stocks being the most probable way to make that Trade advantageous it being possible that a Trade may be opened to China for the Expence of our Cloths where great quantities if Introduced would be Consumed and Gold is plenty or from Gambroon to Persia being the Carriage of our Goods that way is not so Chargeable as from Aleppo or to the Kingdom of Mindavo or other Countries or Places of which there are great numbers in those Parts to which we have not yet Traded or that we should then fall into a way of Imploying our Ships in those Parts by Trading from Port to Port The most likely way to make any clear Gains by that Trade and the Trade to Africa under such Regulations most likely to increase the Consumption of our Goods in those Parts The more hath been said about these Trades because it is high time some Settlement were made of them as may be most Advantageous for the Nation The Reasons upon which the Lord Chief-Justice Jefferies grounded his Judgment in the Case between the East-India-Company and Sands as to the validity of their Charter having been Printed and Published it is thought convenient to make Publick at the end of this Treatise the Argument of one of the Learned Council that Argued in the behalf of Sands upon that occasion But whether Trade be Settled in Joynt-Stocks Protection at Sea Regulated Companies or open no Nation can Thrive by Trade without Protection at Sea for though the Merchants after Losses may sometimes Sell their Goods that come in safety so dear as to make themselves a recompence for what Lost Yet that makes no recompence to the Nation for what they may so get by Selling Dear is gotten out of our own People but what lost remains with the Enemy or in the Sea and is so much lost to the Nation No great Trading Nation can be at War with another Nation but must undergo the disadvantage of a Confederacy against their Trade Hopes of making Gain by Privateering will draw all the Sea Vermin upon them from all Parts and therefore where Fleets and single Ships are many Protection must be difficult and yet so Essential that without it Trade will have a quite contrary effect to what designed for what is taken by Enemies will inrich them and impoverish our Selves but impossible to agree on any Scheme but what must be subject to many variations and changes Enemies may incresae their Strength and alter their Stations and the going and coming of Fleets and Ships uncertain and hard to be Regulated Storms may occasion separations and Winds and Weather a disappointment to any thing that can be designed to which remedies must be applied as such Emergencies may require but little hopes of a good effect unless our Men of War be so provided or ordered as that they may spend more time at Sea then in Port and a Breach could be made upon the Methods our Enemies have taken to Ingross Intelligence A constant Fleet of Men of War at the Chops of the Channel and Guard Ships to ply about our Chief Head-lands and enterance to our Chiefest Ports may force Privateers to look for their Prey further off at Sea where they are not so sure to meet it to which the Carrying on of Trade by Fleets and those Protected by good Convoys may be a further security Protraction of time for the departure of Convoys whether occasioned by Merchant-Ships or Convoys not being ready hath occasioned great Losses and should be prevented if possible Our Steights and Plantation Trades being remote will always require a particular care and great Strength to the diminishing of our Convoys for other Parts How to secure all is a matter of so great difficulty that it may be much easier to find Fault then provide effectual remedies though of all things the most desirable belonging to Trade and therefore Necessary to be considered by our greatest Councils Book of Rates The Book of Rates by which the Prizes of all Goods are Regulated at the Custom-House for the Payment of the Customs and Duties being of above 30 Years standing though some additional Duties have been since laid on some Commodities is a Burthen if not a Grievance because some Commodities are since the making of that Book so Risen and others so Fallen in Price that it Carries no equality As the perusal and new Settling of it might be a great ease to Trade without any diminution to the Kings Customs so by it much might be done towards the Regulation of Trade by increasing or diminishing the Duties and if some recompence could be found that the Impositions now Paid on our Manufactures and Products Exported might be taken off and none Paid for the future would occasion the increase of the Export and Consumption of them for though the Duty be not great yet being an addition to the first Cost and paid before Adventures born it is a great discouragement to Exportation and that addition to the cost is some hinderance to the Consumption abroad The Act of Navigation though a very good Act in the main Acts of Navigation yet having been made also many Years since may deserve an inspection for some Clauses may appear convenient to be repealed and others Strengthned to Fence against such Contrivances as have been carried on to defeat the intent of that Act. Imployment of Ships The Commanders of our Merchant Ships and Seamen had formerly so great a repute for their Courage and Integrity that all Foreign Nations did covet to imploy them which was of great Advantage to us but much declined before this War if not Lost other Nations getting the preference The Cause imputed to the Debauchery and carelesness of our Seamen which rendered them unfit to be trusted in the opinion of those that had occasion to imploy them The reducing them to good order and Sobriety that we may recover our Credit with Foreign Nations would be of great use for what so gotten would be clear Profit and the Imployment so given to Ships and Seamen an increase to both Some are of opinion that Laws for Regulating of Trade are unnecessary Laws necessary jor Regulating Trades if not inconvenient and that it had better be left to take its own Course but this opinion hath been contradicted by Experience and if it should be allowed as a General Rule will upon inquiry be found lyable to many exceptions Merchants and Traders in carrying on their Trades have regard chiefly to their own Interest whether their Gains arise by what they Export and sell Abroad which can only tend to inrich the Nation or out of our own people by what Imported and

But besides Mr. Pryn Stat. of Merton C. 5. made 20 H. 7. was my Lord Coke saith 2 Inst 89. principally intended against the usurious Jews Stat. de Judaismo 18 E. 1. Recites that the King's People were disinherited by the usurious Jews And enacts That no Jew for the suture shall take Usury My Lord Coke saith 2 Inst 507. that 15060 Jews thereupon departed the Kingdom But for the Use that in arguing is made of this matter of the Jews and of the King 's seizing their Estates and pardoning for dealing with them 1. As for those ancient Records in general Time hath hidden the Knowledg of the Laws and Transactions of those Times It is impossible to know what the Laws of those Times were or rightly to distinguish betwixt legal and violent Acts And to bring Inferences from thence to conclude in Judgment now is Notum per Ignotius Or like Dependencies which unless latter Times have concurred or agreed with are only fit to make Disorder and Confusion 2. But that which is deducible from thence is not as I conceive what hath been endeavoured That is that they had no Property because the Princes of those Times took from them their Estates when they pleased or taxed them how and in what manner they pleased But perhaps the Reason was because those People lying under the Curse and being a vagrant People without Head Prince or Governour or Country it was no Difficulty to tax or take from them at Pleasure being hated of the People where they lived For it could not be as they would have it that they should be amongst us as alien Enemies for an alien Enemy can make neither Bargain nor Contract nor be capable of Property But the Subject may at his Will and Pleasure fall upon and take all that he hath to his own Use as upon the King's Enemies and what he can take from him is his own Acquisition as the Prize of his Adventure and Conquest over his Enemy And to prove this two Books are cited 17 E. 4. and 2 H. 7. But by what is admitted by them that they were great Usurers and had great Estates It is evident that they were treated as alien Amies How could they else in such Multitudes live amongst us How could they be Usurers or get Estates if they could not make Contracts How is it possible they could preserve their Bodies or Estates against the King's Subjects unless they had the King's Protection and treated as alien Amies And of latter Times how many of them have lived amongst us driven great Trades have had and have at this present considerable Estates Let it be now adjudged that any Man that will may take away their Estates that they can have no Remedy or Action for any Debt owing to them but instead thereof may be beaten and imprisoned as Enemies to the King And we shall probably see what the Success of such a Judgment will be The Act of Navigation made the 12 Year of the King 12 Car. 2. cap. 18. concerning Trade shews that Infidels have the same Liberty of Trade as others That Act being made for Encrease of Shipping and Navigation and prohibiting Goods to be imported by any foreign Ships except the Ships of the same Country where the Goods do grow or arise distinguisheth not betwixt Infidel and Christian Countries But expresly saith That Currants nor Commodities of the Growth of the Turkish or Ottoman Empire shall be imported but by English Ships except Ships of the Built of that Country or Place where the Growth is and whereof the Master of the Mariners is of that Country or Place This Clause shews plainly that the Infidels of the Turkish and Ottoman Empire have Liberty of Trade here And the Acts of Tunnage and Poundage tax all their Merchandizes without saying brought in In Southern How 's Case 2 Cr. 469. where a Man imployed another to sell Jewels for him in Barbary as true Jewels and he sold them to the King of Barbary for 800 l. as true Jewels when they were counterfeit and thereupon the King of Barbary finding himself cheated imprisoned the Plaintiff that sold them to him till he repaid his Mony In that Case 't was of all sides admitted and not as much as objected that this Contract was void because the King of Barbary was an Infidel So that this Opinion that Infidels are perpetual Enemies and in perpetual Hostility can maintain no Action nor have any thing amongst us hath no Authority for its Foundation but only some extrajudicial Sayings without Debate or Consideration And is against all the continual Practices of Princes and People at all Times Perhaps 't is no small Part of Religion that Men should speak and deal plainly and uprightly one with another We do know that Religion hath been too often made a Cloak and Vail for other Ends and Purposes It should not be so And I hope will not be so used in this Case The Statutes that I have cited of Magna Charta c. 9. E. 3. 25 E. 3.2 and 11 R. 2. All declare and enact the Freedom of Trade in general Words except only such as are in War with the King In none of them is there any Exception of Trade with Infidels Can it be imagined that in those Days we had no Trade with Turkey or Barbary Our Kings went with Armies to the Holy Land King _____ had made War and Peace with the Turks Had we no Trade there but with our Swords But to look nearer home Spain and Portugal were Infidels and in the Hands of the Moors until anno 147 4. which w● 14 E. 4. Can it be thought that in all those Times betwixt Magna Charta H. 3. and E. 4. we had no Trade with Spain or Portugal Stat. 12 H. 7. c. 6. was made in the Year 1497. which is but 23 Years after the Moors were driven out and in that Statute 't is Recited That the Merchants Adventurers dwelling in divers Parts of England out of London did shew That whereas they have had free Passage Course and Recourse with their Goods Wares and Merchandizes in divers Coasts and Parts beyond the Seas as well into Spain Portugal Venice Danzick East-land Frize-Land and divers and many other Regions and Countries in League and Amity with the King That they were imposed upon by the Company of Merchants in London and forced to pay Duties I only make use of this Recital to prove the free Passage there mentioned to Spain and Portugal and to other Countries and Regions There is no Distinction of Infidel from Christian Country though Spain and Portugal had been so lately Infidel and though most probably the Trade they had then was with Turkey and Barbary as well as with Venice The Words other Regions and Countries seem to imply as much and the Freedom equal So that I think as to this Objection that Infidels are perpetual Enemies that we have no Peace with them nor they maintain any

to be such that thereby the Commoner cannot have Common of Pasture for his own Beasts 'T is the Consequence the Loss of his Common that gives him Cause of Action 'T is not alledged in the Declaration that your Trade was any thing the worse No Damage to you appears by it What Reason is there that you should recover Damages where you have not sustained any Loss And if you have alledged none in your Declaration how can your Declaration be good It then contains no Cause of Action The last Point in that Case is there resolved 11 Co. Rep. 88. b. Rols Abr. 1 part 106. that admitting the Patent good yet no Action would lye In that Case the Queen by her Letters Patents had granted to Mr. Darcey that he his Servants Factors and Deputies the whole Trade Traffick and Merchandize of Cards for 12 Years should have and use That none else should use the Trade nor buy or sell Cards That the Defendant did contrary to this Patent sell Cards 1. Adjudged that this was a Monopoly and the Patent void 2. That if the Patent had been good yet no Action would have lyen against the Defendant upon it 2. But for another Reason you can't maintain this Action It is grounded upon the Restraint and Prohibition of others to trade contained in the Letters Patents That Restraint or Prohibition is not an absolute Restraint or Prohibition but sub modo under a Pain of Forfeiture of Ship and Goods One half to the King another half to you that are the Company Now supposing all that you can desire That this Patent should have the Force and Vertue of an Act of Parliament yet such an Action as this could not be maintained upon it but you must sue for the Forfeiture For whensoever a new Law is made you must take that new Law as it is and it can't be extended Co. 7 Rep. 37. 11 Rep. 59. and Pl. Com. 206. All prove it Stat. E. 6. gives treble Damages for not setting out of Tithes Can the Party wave this Way and bring an Action of the Case Yet here the Damages are given to the Party The like of all other penal Statutes a Man must forfeit only the Penalty the Statute inflicts So that this Action cannot as I conceive be maintained So that to conclude 1. That which this Company claims in this Case by this Patent to have the sole Trade to the East-Indies in their Politick Capacity excluding all others is a Monopoly and ingrossing against the common Law the ancient Statutes the Statute of Monopolies 21 Jac. And therefore they have no Right to have what they claim 2. That what the Defendant hath in this Case done he hath lawfully done and therefore not to be punished 3. That though the Company had a lawful Claim to the Trade in such manner as in their Declaration set forth and the Defendant have done what he ought not yet they can't maintain this Action And upon the whole matter Whether best for the Company to have Judgment for them or against them may deserve their Thoughts And this being so great in the Conseqence as the whole Trade of the Kingdom depending upon it I have laboured the more The ancient Laws the ancient Ways is what I endeavour and against new Ways upon any Pretence whatsoever Some Books printed for B. Aylmer at the Three Pigeons in Cornhil THE Works of the Most Reverend Dr. John Tillotson late Lord Archbishop of Canterbury containing Fifty four Sermons and Discourses on Several Occasions together with the Rule of Faith Being all that were published by his Grace himself and now collected into one Volume To which is added an Alpabetical Table of the Principal Matters Price 20 s. Six Sermons viz. 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