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A07549 The custumers apology That is to say, a generall answere to informers of all sortes, and their iniurious complaints, against the honest reputation of the collectors of her Maiesties custumes, specially in the out-portes of this realme. Written onely for vnderstanding readers and wise in highest authoritie, to reade and discerne by. Alwaies prouided, in reading reade all, or nothing at all. Milles, Tho. (Thomas), 1550?-1627? 1599 (1599) STC 17928; ESTC S100765 23,308 30

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and Phisitians of experience must put to their hands who proceeding by method from An fieri possit to Quid fieri debet by the pulse and Symptoma obserue the disease and conferring with the Patients themselues finding the cause proportion Receipts for remedy For if Vrines proue deceitfull and Patients neuer speake No maruell then if Physicke faile and medicines be to seeke In which respect for the better information of the State of this Cause this present Discourse is conceiued The motiue of this Discourse that through it the VNDERSTANDING READER AND WISE IN AVTHORITIE by reading onely without passion or partialitie might be their owne Iudges Wherein if for the length in shew it seeme to be tedious so the Forme for the plainenesse proue not off ensiue The oftner read the better vnderstood the Matter for importance deserues more then a reading ¶ Priuatio praesupponit habitum Sicknes doth imply a habit of helth the disproportioned disposition of any Function doth argue an intention possibility of Order To the vnderstanding wherof since particularities circumstances do best approoue and lay open the trueth or falsehood of any Action or Assertion In the Consultation and Resolution of this argument of CVSTVMES The Argument as well for their due Collecting and true Answering as the infallible meanes of their orderly aduancing to the glorious demonstration and happie vpholding of the wealth and peace of this State and Kingdome both at home and abroad Fower things doe first offer themselues to mind and necessarie consideration ¶ 1 The CAVSE or Ground whence such Duties growe and haue their first being ¶ 2 The MATTER what and where vpon such Duties growing are to be paide and taken ¶ 3 The PERSONS whome such Duties either immediatly or by consequence touch and concerne ¶ 4 The FORME how to collect such Duties fit and peculiar to the CAVSE MATTER and PERSONS First therefore of the CAVSE of CVSTVMES for Orders sake and so of the rest THe Nature of all things that consist in Action is best seene and valued by the worthines of that Obiect and End where to it tendeth The highest Obiect of humaine Actions GOD onely excepted is the MAIESTIE of our SOVERAIGNE and GOOD of our COVNTRY And there is no Action more dutiful then at all hands to amplifie the honour of the one and to procure the peace of the other nor any more odious then wittingly or willingly to impaire the Meanes mutually ment for the maintenance of either The maine drift and purpose of the Argument It followeth then as a consequence of all sides to bee agreed on That to maintaine the Princes Reuenewes and to further the prosperitie of her people is or ought to be the speciall care of euery mans best endeuour But as in all things that depend on CAVSES and consist of MATTER and FORME where the proprieties of either are not rightly vnderstood nor seriously obserued the first Error breeding Mischiefe leades the high way to Disorder and so to Confusion so fares it at this day with the State and argument of this Discourse namly the publike duties of CVSTVMES That as well for the CAVSE whence they proceede and their MATTER what it is as in their FORME how to stop the course of Errors and currant of Abuses hath of long time bene and yet is a proposition diuersly and strangely debated Wherein howsoeuer Confusion encrease generall offences Holding the Actors next hand still subiect to suspition and blame Ignorance and Impudencie bearing the sway * The ATTORNEY and Experience and ⸪ SOLICITOR generall for the Prince and her People Truth arguing the case before Equitie and Reason dispute the Question and resolue it thus Al Effects work only by liue or dy with their proper CAVSES All CAVSES are either Efficient Materiall Formall or Finall Custumes described ¶ CVSTVMES are the Princes publike Duties growing by TRAFFICK on Marchandize outward and inward payable according to the Equitie of positiue Lawes and forraine Contracts freely and onely giuen For defence of the Realme and safe passage at Seas Thus CVSTVMES follow TRAFFICK as the Effect doth the CAVSE The CAVSE in which regard the Merchant at all hands is to be cherished fauoured and encouraged in euery common-welth Trafficke described ¶ TRAFFICKE is a mutuall bartering or buying selling of Vendible wares by Merchants Subiects or Strangers at Marketes conuenient according to the Rulers of Reciproke Commerce generally entending the honour of the Prince and prosperitie of the Common-weale There appeare in TRAFFICK by this discription fower speciall parts to bee seuerally considered and iointly maintained as being so essentially coherent and necessarily concurrent that where any one is failing the rest haue no longer being To wit MATTER as Vendible wares Secondly PERSONS Merchants Subiects or Strangers Thirdly PLACE at Markets conuenient Fourthly ORDER rules of reciproke Commerce 1 First in the Condition of the MATTER whatsoeuer it be GOODNES only more or lesse makes it Vendible as respected fit for Trades All GOODNES is either by Nature or by Art And as in GOODNES there is a proportion alwaies answerable to the first MATTER wherein it consisteth so in Trades the blessing of God by Nature and the benefit of Industrie by Art is immediatly more or lesse admired to the speciall reputation and profit of the PERSONS and PLACES that first afford them 2 In the quality of the PERSON of the Merchant whosoeuer he be Subiect or Stranger onely Loyaltie and Alliance makes his TRAFFICK auowed without distinction of Sex or yeares For with knowne Traitors or open enemies the Lawe admits no Commerce 3 In the PLACES Conueniencie at home or abroad Easines of Accesse by Sea or land and publike Freedome with Safetie for MATTER and PERSONS is onely regarded in all Martes and Markets 4 And the best Rules for ORDER to direct TRAFFICK by are they which being precisely squared out to the Generalitie Indifferencie and Certaintie of the Lawes of the land and forrain Contracts admit no particular partiall nor doubtfull deceipt iniurie nor disturbance to MATTER PERSONS nor PLACE Thus TRAFFICK supported by fower speciall Pillers The first is grounded on GOODNES All GOODNES is needefull TRAFFICK therefore either outward or inward of things bred at home or abroad in respect of the Vse thereof ought to bee Generall For looke what the Soule is to the outward Actions of the body in ordering each member so as to Nature seemes fittest for the good of the whole Man Such is the vse of TRAFICK in disposing Misteries and Trades to the behoofe of the whole Common-wealth A consideration in no part of Ciuill Gouernment to bee neglected much lesse in this great CAVSE of CVSTVMES For as much as the GOOD intended thereby both to MATTER PERSONS and PLACES by the rules of Equitie is so due to All as cannot bee iustly restrained or denied vnto Any without disorder and confusion Bonum autem quo
THE CVSTVMERS APOLOGY That is to say A generall Answere to Informers of all sortes and their iniurious complaints against the honest reputation of the Collectors of her Maiesties CVSTVMES specially in the OVT-PORTES of this Realme Written onely FOR VNDERSTANDING READERS AND WISE IN HIGHEST AVTHORITIE to Reade and discerne by Alwaies prouided In reading Reade all or nothing at all Ha●d Natura potest Iusto secer●ere Iniquum Nec vincit Ratio hoc tantund●● vt p●ccet i●●●que Qui te●er●s caules ali●●i freg●rit h●rti Et qui n●ctur●●s Diu●●●● sacralegeri● AD SIT REGVLA peccatit qua p●●as irr●ge● aquas .1599 To the GRAVE and GODLIE VVISE in Highest Authoritie A GENTLEMAN a friend and louer of learning comming into a free Schoole wher diuers yong Schollers were learning their Grammer desirous to feele how they thryud at their Bookes by some familiar question demaunded their Huishers standing by When an English is giuen to be made into Latine what 's first to be done The answere is easie namely To seeke out the principall Verbe yet all stoode silent and halfe amazed till ONE at the last the Question est-soones repeated and hee vrged to say Men affecting to doe the Prince and Common-wealth seruice in some honest calling enter the charge of Custumes simply doubting no harme What was to bee done replied NO HARME SIR I HOPE at least THAT I VVOT OF Which the Gentleman taking in very good part as suspecting rather ignorance in the Huishers then want of wit in the Schollers departed smyling Most REVEREND and RIGHT HONORABLE This Question Answere includeth the present estate of al the students in the Schoole of her Maiesties Custumes where such as the Teachers be such are the Schollers There is a reason for al things And the reason hereof is not so much for want of wit or will in the Learners To deale iustly betweene the Prince and her People which in this kind of doctrine is supposed to be the Principal verbe as in the ignorant indiscrete Husshers who whilst the graue Masters and Moderators of the Schoole were distracted and busied in the studie practise of higher points of learning haue vsed no method but bearing the Schollers Qui paria esse volunt peccata Ipsique laborant Cum ventum ad verum est Sensus moresque repugnant Atque ipsa vtilitas Iusti prope mater Aequi. Which kind of discipline discouraging al men driuing many good wits from the Schoole to the secrete iniury of the whole Common-wealth forcde me to my Booke and as well as I could to Analise my lesson meaning thereby with the foresaid plaine Scholler NO HARME AT ALL such therefore as it is I haue briefely set downe in the Discours following The Matter whereof being partly drawne from mine owne Patience and experience and partly obserued and learned from others The Forme is meerely mine owne and hath for my warrant the Rules of my Grammer But since Things are then wel done when things are wel taken to cleare and acquite me from partiall clamor or the sinne of presumption The Will appliant to Reason is guiltlesse of passion and Nature ouerborne appeales to Necessitie Quae quod cogit ipsa solet vtique defendere Hard therefore and aboue measure extreame should their cases appeare that still subiect to beating might neither bemoane themselues nor be suffred to crie And so much the rather when as SO FAR AS I VVOT OF in all their Complaints The Lawe of Nature and Nations both allow all men to stand in defence of their Callings and honest Reputations there is nothing concluded nor included at least intended therby but a natural defence of their honest reputation in that kind of Calling which the Law it selfe by great wisdome hath laid out and reserued For men of the best sorte onely and a dutifull Zeale to find out thereby The principall Verbe The Principles and generall Maximes whereon this Discourse is grounded making an Epitome of the whole ALl Common-wealths are established and maintained by Lawes The life of Law is Reason Reason in making Lawes aymes at Equitie Equitie is guided by Certaintie and Indifferencie the two Ballances of Iustice for where these two faile men runne into Extremities Extremities find out Shifts Shifts incurre Suspition Suspition argues Ignorance Ignorance groping for truth lights on Errors Errors proue Mischiefes priuate Mischiefes turne to publike Inconueniences the high way to Discord Disorder and Confusion And as things grow confounded Offences by consequence encrease more and more Which as pudled waters and corrupted ayre breede and engender nothing but creeping Informers noysome Caterpillers rauenous Harpyes and such like vermine to vexe and torment a State withall By meanes whereof ¶ The PRINCE is abused and so iustly offended ¶ The MARCHANTS are weried and generally grieued ¶ The CVSTVMERS ouerburdened are iniuriously disgraced ¶ The COMMONS of all sorts empayring repine And ¶ The PORT-TOVVNES decay The reading of whose seueral Complaints may make any VNDERSTANDING READER able to be his owne Iudge and see How in the present disordered estate of Custume seruice 1 TRAFFICKE is become empayred and so consequently her Maiesties Custumes diminished 2 The COMMON-WEALTH growes disordred and dayly empoucrished And 3 The STATE besides the Common Enemie is engaged and vnkindly at Iarre with her ancient Allyes and best forraine Friends The state of the CVSTVMES Specially in the OVT-PORTES of this Realme GREAT HATH BEENE THE CARE AND THE Inuentions sundrie that haue beene vndertaken for the aduauncing collecting and true answering of all such Duties as vpon things by way of Merchandize Custumes defined Crossing the Seas are either vented out or brought into this Land according to Lawes and Contracts to that end But as in the State of a natural body those diseases prooue of most dangerous consequence that are of longest breeding and most desperate to cure whose causes are vnknowne so fares it at this day with that which highly importing the whole Cōmon-wealth is of it selfe no small nor idle portion in the body of the Princes Reuenues Namely the state of the CVSTVMES specially in the OVT-PORTES of this Realme The present condition whereof being neerely obserued may bee fitly resembled to the diseases of the body Resembled to inueterate Diseases which the Phisitians terme Morbs Chronici For as they engendred with time not seene to at first or but slightly regarded make worke at the last for Apothecaries and Surgeons leading the part infected still from ill to worse so in the occasions and continuance of these kinds of sores or disorders for want of due inspection or true information as the seruice growes confounded Offences by consequence encrease more and more For remedy whereof though confident Emperiks neuer so boldly with their violent and repercussiue medicines from all parts obtrude themselues sucking profit thereby at one hand or other When all is done sayd the Graue and Wise Physitians Fit for none but graue
their owne as the Auditors can witnesse Which kind of bondage of Custumers the rest in their freedome doe many waies insult vpon colouring their doings alwayes with the generall Pretence of her Maiesties seruice Of all which expences both certaine and casuall the Searchers Comptrollers and Superuisors beare no part each possessing his life with libertie his wages with quietnesse and his Trade with credite and as it were altogether liue as they list Whilst the Custumers ouer-borne and debarred all Trafficke and meanes of good seruice and thrift are in case like the Merchant aforesaid forced either to quit their places though with losse Quod Necessitate cogitur Necessitate defenditur or relieue themselues as they may by one meanes or other as Necessitie compels them Extremities breeding nothing but shifts ¶ Hauing thus farre layd open the state of the seruice according to three of the fower Considerations afore laide downe with the bondage and expences depending Which as appeares the Custumers onely vnderly there resteth in a word or two fourthly to shewe the proportions of rewards which alone being but indifferently weighed ma●y happily helpe to excuse them hereafter though the age we liue in giue small hope of reliefe Fees and rewards for Seruice allowed by the Prince The Fees and Rewards yearely allowed by the Prince to the Custumers and Comptrollers ioyntly the Searcher is allotted the moyetie of all seasures in all the OVT-PORTES of this Realme amount vnto the summe of 1240. little vnder or ouer whereof the Comptrollers receiuing for their parts about 340. the rest being some 900. serues the Custumers among thē This 900 deuided into three parts two at the lest are spent in passing attending and clearing accompts So rests not aboue 300. diuisible among them to recompence their bondage and seruice being lesse then the Comptrollers receiue with freedome and ease A proportion very hard and vnknowne but to those that find it by experience yet the same compared with the Superuisors whose seruice and the Comptrollers is one and the same commes to a farre lesse reckoning For where the Custumers being in number 20. deuide about 300. Deductis deducendis as is aboue said among them all and that vpon accompt at the yeares end The Superuisors being but. 4. receiue by Debentur out of the Exchequer for their good seruice 425. euery quarter 1700. li. Yearely for no seruice at all which coms to 1700. yearely without accompt or reckoning The Custumers stand cleared before God and the world of the Princes offence and all other slaunderous reports and suggestions against them and their calling By this time the VNDERSTANDING READER may discerne betweene est and videtur and who is that Officer hath cause to complaine And the Prince hath wherewith to bee satisfied in both the grounds of her displeasure at least not to bee longer offended with the distressed Custumers For by the Lawe of nature and Nations both Imputari non debet ei per quem non stat si non facit quod per ipsum est faciendum The reason is yeelded withall Quia culpa caret qui scit probibere nequit ................................ ADSIT REGVLA Peccatis qua poenas irroget aquas ¶ The Marchantes haue beene heard to say for themselues Now the COMMONS presse forward to speake in their turnes but they are too many and the time almost spent Therefore heare but the PORT-TOVVNES and reade their short Petition The life of all Custumes is Trafficke and Commerce In which kind of calling the Merchant of all men is to be fauored cherished and incouraged in all Common-wealths All Traffique is either Ourward or Inward of things bread at home or abroad And albeit that Kingdome or Countrie be holden most wealthie and happie that is ablest and aptest to spare and transport Commodities of their owne wherein this Iland may compare with the best yet since no place is extant so absolutely blist as in all points to stand and subsist of it selfe by the benefit of Entercourse and Traffique bounded by Lawes Speciall treatise Leagues Oathes and Decrees al wants are supplied each Part intending the best for it selfe according to Reason Wisedome and Pollicie Which with vs heere in England hath euermore aymd at the encrease of our Shipping The encrease of the Nauie This necessitie of mutual Commerce by the malice of Time stands mightily enuied and by Enemies abroad many wayes interrupted if withall it become disturbd among Equals at home when the generall is wrong Particulars grieued cannot but grone Aboundance and obstructions distempering London cause a disposition to consumption in all Portes besides Such hath beene of late yeares and yet is the State of dealings Trades within our selues for the Cittie of LONDON as the Liuer in the body receiuing the Chylus from all parts of the Stomacke by detaining the bloud from the rest of the veines is both inflamed distempered in it selfe and iniurious withall to all her fellow Members In which estate though the whole Commons seeme engaged and deeply interessed for it may bee the case of each priuate Subiect the Port-Townes in speciall consisting of Artificers and Traders Masters of Shippes and Mariners doe most grieue and therefore complaine That albeit as Subiects vnderlying the brunts of all forraine attempts and troubles The Out-Ports Complaint liuing vnder one and the same Lawes ready at all commands of publike seruice by Sea by Land as the other Subiects and Townes of the Realme are And as liable to all duties and paiments of Custumes Subsidies Fifteenes Priuie seales Loanes such like yea as LONDON it selfe is euery kind of way for the proportiō of their abilities yet contrarie to the generall libertie of English Subiects they are abridged enuied and as it seemes helde a This hath relation to the strange and vnnaturall courses holden in that Cittie to drawe all dealings thither debarring and from hand to hand by Tickets limitting things sent into the Countries As if all Citties Townes and Places else where were but S●burbes All Portes but Creekes and Members All Officers but Deputies depending on London No Matter vendible and so no Trafficke lawfull but at or for London From whence as from the fatall Box of Pandora are flowne and doe dayly proceede a great part of the euils wherewith the whole Realme is become so perplexed For thereby the free and lawfull Trafficke betweene equall Subiects is violently impeached Trades and Occupations in the Citties and In-land Townes are generally decayed Whereby the Commons empayring grow discontented and the poore for want of worke forced out to begging The skirtes and Out-Ports of the Realme grow dangerously desolate of Trades and destitute of Marriners and Shipping The Princes Custumes there consequently decreased The Custumers without distinction by all meanes disgraced And the Marchantes of all sortes discouraged wearied and made a pray to a worlde of rauening and lawlesse creatures of whome as of Harpies may be truely