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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	good_a	great_a	think_v	4,338	5	3.9369	3	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A55325	Discourse of trade, coyn, and paper credit, and of ways and means to gain, and retain riches to which is added the argument of a learned counsel upon an action of a case brought by the East-India-Company against Mr. Sands the 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 against Mr. Thomas Sands, an interloper.	1697 (1697)	Wing P2778; ESTC R17145	112,364	258

other Losses that have happened by Bankers should not be forgotten But though it may be a question whether the Nation particular persons or who hath got by the Paper Credit as it hath been hitherto carried on yet no doubt but if some such Credit could be so settled as to avoid the dangers before-mentioned would be of great use For if a Banker upon receipt of a 1000 l. give his Note and that Note circulate as Money and he imploy the 1000 l. received which it is probable he will tho' the Banker have only the particular Gains that may be made by imploying the 1000 l. in Money yet the Nation may reap some Advantage by having the 1000 l. thus doubled as to Use The Note may pass and do service as 1000 l. and the Money as another And thus the Coyn of the Nation may as to Use be increased Two Millions Banks may be necessary also for the discounting of Bills or Tallies if can be Limited to Reasonable Rates that such Money may circulate in Trade and of great ease to Merchants and others for the lodging receiving or paying of Money But it is good in the day of prosperity to think of adversity and to consider the Dangers as well as Conveniencies Though Notes to a greater Value than Two Millions may circulate yet if it be found impossible to prevent the Causes and Accidents that may occasion a stop to the circulation of such Notes by a general demand for Money then Care should be taken to avoid the ill consequences of it for in such a Case Two Millions in Notes over and above what Notes or Tallies may be issued out on Taxes or Impositions granted by Act of Parliament may be sufficient to run down the Credit of the greatest Bank or Bankers And being Paper hath not usually past in Payment elsewhere but in London and only for some certain uses and that alwayes a great stock of Coyn did lye dead to answer such Bills for fear of a general run the number of Goldsmiths considered that used to pass such Notes and to what Value each might issue out it may Reasonably be concluded that our Bankers Notes did never since the shutting up of the Exchequer serve to multiply the Coyn much above Two Millions But if Notes have circulated for more and from thence it should be argued that we are under a necessity to have the Trade of Paper Credit incouraged good Resolutions should be taken how such Credit shall be supported in case of a general run when nothing may satisfie but every Man getting his own Money It cannot be pretended that any Fund or Security can be more infallible than Land but Paper Credit though Land be its foundation if intended as running Cash will never pass as Money longer than Money may be had for such Bills assoon as demanded when that fails such Bills will fall under a Disrepute occasion Clamours Confusion and a stop to Trade and Payments though the Security be unquestionable A Law to make Bills or Tallies to be a good tender in payment or to pass as Money would have little better success than the allowing of Coyn of different Values the Force will rather be a Disrepute and make them ineffectual as to a general use then be a Credit and create Opposition rather than facilitate the taking of them Bills of Exchange from Foreign parts and all Contracts made afterwards would be with a proviso how they shall be paid in what Coyn. Whoever may take such Notes or Tallies and at the same time indebted to another may compel such Debtor to take them But Coyn is so absolutely necessary for some uses and so desirable and esteem'd that unless Ready Money can be had for such Bills on Demand not likely should pass as Money further than as the Law may be compulsary which may be impossible to reach future Contracts and therefore will be of so little use in Dealings as may not probably make amends for the hardships they will put upon such persons as may be Creditors at the time of passing such an Act. Money may raise Credit or Credit may raise Money and our putting our selves in a thriving condition may raise both but of such wayes no proof can be expected but as in all cases where Nature is forced too much Nothing more likely to occasion the hoarding up of Money than the Peoples being possest with a fear that if they part with it they shall have such Notes or Tallies forced upon them in exchange of it for being they cannot be converted into Money till they become payable on the Funds on which they are issued which though never so good may not suit all Mens occasions it cannot be expected they should be willingly taken A Currency to all the Coyn we have and the Coyning of more if the Temptations for bringing in of Plate take effect and our putting our selves in a posture of good Husbandry may recover our Credit without which such dependancies on Paper Credit is not likely to settle Trade on a good foundation All Men that have Estates in Money do consider how they had best distribute the imploying of it to their most advantage and conveniency What they lend out on Mortgages is usually such part as they intend for some Purchase or for Childrens Portions which they are most willing should continue till such Occasions call for it What they lend on Tallies or Loans to the Government they foresee they shall not want till the time alotted for payment expire What they do not so dispose of they keep for their Expences or such Occasions as require Money Though they should for it take Notes issued out upon Land Security payable on Demand yet any jealousie or suspicion that they shall not have Money for such Bills on Demand will occasion a general run because such Bills or Notes will not serve them for such Occasions as they have alotted it longer than Money may be had for them on Demand The Peoples Occasions will alwayes make a great difference between what they have lent out on Mortgages and what they laid out on such Notes being what they designed for their running Cash Paper Credit was at its heigth before the Fire of London The Fire and the Dutch Exploit at Chatham which happened the Year after though neither occasioned a stop to the payment of the Goldsmiths Notes for any long time and they did then pay Interest for much of the Money they had in their hands yet the People perceiving by those short interruptions that such Notes and Bonds could not be depended on to afford them Ready Money at all times great Sums were drawn out of the Goldsmiths hands upon it which disabling them from serving the Court as before occasioned a stop to the payment of what was owing them amounting to 1280754 l. 16 s. 10 d it being well known that what they took of the People was most Lent to the Exchequer and being no more is a further

change hands with great Gains to all Tenants and Debtors but what they get the Landlords and Creditors must lose but so far from affording the least prospect of a general Currency to our Coyn or any Advantage to the Publick that the quite contrary effect may be feared for all Persons excepting those indebted will then find it difficult if not impossible to make any use of the Coyn so Raised If offer to lend it out upon Bonds or Mortgages those that receive it at 6 s. 3 d. if have a prospect fear or jealousie that the Crown will in time be reduced again to 5 s. must be out of their Wits if do not agree that he that lends it shall receive the Crown at the same rate again of 6 s. 3 d. when they pay it back and if endeavour to lay it out in Lands Goods or Bills of Exchange will find the like caution will be taken if lent it into the Exchequer and the like care be not taken there to agree to pay back at the same rate they receive it then the Lender may be safe by the Kings bearing the Loss and upon such Terms no doubt will prove a temptation for the bringing in of great Sums upon Loans But if the Exchequer should take care to prevent any such Loss and pay what they may then owe with Money so Advanced the Loss the People may receive thereby will prove a great hinderance to the bringing in of more Money And those that have received 40000 Crowns for 50000 instead of paying it into the Exchequer may be under as great temptations to hoard it up in expectation to force another Change in their favour having justice to plead in their behalf that they may not be losers as those that contrived the Raising of it before it was paid to them the hopes thereof and the interruptions that will follow in the Paying of Bills of Exchange and in Commerce and Dealings till some Method can be agreed how Payment shall be made for the future by expressing not only at what rate a Crown shall be paid but of what Weight also most likely to put a stop to the Currency of all our Coyn at once and occasion more Complaints Losses and Confusion then we have suffered by the Clipping The Raising of the Coyn whether for a limited or unlimited time will prove as dangerous as medling with Foundations or removing the most necessary bound marks may lead us into a Labyrinth or out of our depth more likely than do any good to the Publick or to many Particular Persons What effect the Raising of the Coyn may have upon Edibles and with Shopkeepers in selling our home Commodities amongst our selves may allow of some dispute for the most Natural Cause for the Advance of such Commodities should be from the Advance of Rents which may not soon happen But as all Shopkeepers and the People that furnish the Markets have occasion of some Foreign Commodities the alteration that they will find in the Price of them and in making provision for their Families may probably make them soon Advance their Commodities also proportionable that they may not take 1 s. for 15 d. when can turn them no better to account in what they may purchase for it than a Shilling did before such Advance though must so pass to their Landlord Whatever differences may happen in Opinion about the effects of altering the Standard of our Coyn Lawes to prevent Counterfeiting the Coyn. or wayes to reduce it to its former Purity yet all will agree that the Honour Justice and Peace of the Nation as well as the carrying on of Commerce depends much upon preventing the debasing of it and that it is of so great importance that all care should be taken to hinder it at the first appearance of any such attempt otherwayes hard to be cured without great Confusion and Loss as we now find by Experience The numbers of People which have practiced the Clipping Trade and the incouragement it hath had as may be presumed from persons of considerable Estates by taking off Clippings under the name of Bullion and Clipt Money in Exchange of Weighty it may be feared hath so degenerated their Principles that may not easily be reduced to live by more laborious honest and less profitable Imployments And seeing the ingenuity of the Age in Wickedness is such that the New Milled Money is already Counterfeited and that the Laws we have with the penalty of Death and terrour of Burning have not had any great effect towards the preventing of it as desperate Diseases require desperate Remedies this Evil being most dangerous to the Publick Good severer Laws then ever yet were made in any case will be found necessary to prevent it till this Villanous Crew be extirpated and their Art forgotten which if not speedily made and put in execution we may soon have such a mixture of Milled Money as may in a short time render it uncapable to be the Standard of Commerce without great trouble and uncertainty and force a New Coyning of all over again as if we were to walk in a Circle during the pleasure of these Artists What wayes the Poorer sort have found out to avoid being punished by the Laws already made and how the Rich without whose assistance the Clipping Trade could not have been carried on to so great a degree have escaped without punishment is notorious As the Legislative Power of Parliaments is undoubted so their Judiciary hath been often practiced upon extraordinary occasions if a stricter prosecution in order to Condemnation or of severer Chastisements upon such as may be found with any Instruments for the Coyning of False Money or with any quantities of such Money unless can prove where they received it and for the cutting in pieces of such Money by Magistrates and Justices when offered in payment and for frequent Proclamations upon the discovery of any False Coyn with descriptions and directions how may be known by Weighing or other wayes which may be had by the help of the Officers of the Mint that the Magistrates and Justices may do their Duty in cutting and defacing such Coyn which will keep the people upon a constant guard to discover it If such Powers as may be thought necessary for these ends to put a stop to this growing Evil should not be thought convenient to be intrusted with inferiour Courts as may without danger be reserved and executed by the High Court of Parliament so if should in some extraordinary Cases be so reserved most likely to strike the greatest terrour into such Offenders that they may no longer be incouraged to go on by depending upon the favour of Juries niceties of Law or hopes of Pardons Upon these foregoing Considerations it may appear The Necessity of looking into Trade that the true Reason for the Exportation of our Coyn is running in Debt to Foreign Nations and that the Raising of our Coyn or Laws against the Exportation

And that we may sieze the persons of such English or other of His Majesties Subjects in the said East-Indies which shall sail in any English or Indian Vessel or inhabit in those parts without our License and send them for England And whereas His Majesty by His further Royal Charter dated the 9th day of August 1683 hath been pleased to grant unto the said Company full Power to enter into any Ship Vessel House Shop Cellar or Ware-house and to sieze all Ships and Goods which shall be brought from or carried to the places above-mentioned the one Moiety of all Forfeitures to be to the use of His Majesty and the other Moiety to the Company and to nominate and appoint Governours and Officers in their Forts Factories and Plantations who are to raise Arms train and muster such Military Forces as shall be necessary to execute Martial Law for the defence of the same and likewise to erect a Court of Judicature in such places in India as the Company shall think fit to hear and determine all cases of forfeiture and seisures of any Ship or Ships Goods and Merchandizes trading and coming within the Limits aforesaid contrary to the said Charters and all other Maritine Causes These are therefore to authorize and require you to put in execution or cause to be put in execution all the Powers and Authorities granted unto us by His Majesties said Royal Charters as above-recited against all Interlopers in India Madagasear and all other places within the Limits of His Majesties said Charters which extend to all Ports and Places between the Cape of Good Hope and the Streights of Magellan and whatsoever you shall do or cause to be done in the Premises conformable to the several Clauses of His Majesties said Royal Charters before-recited in this our Commission or according to any further Instruction you shall receive from us or any Thirteen or more of the Committees of the said East-India Company whereof the Governour or Deputy for the time being to be one we shall always indempnify and save harmless you and all imployed by or under you therein In Witness whereof we have hereunto caused our Common Seal to be put this 25th day of February 1684 5. The East-India Company in Holland are said to be a little Monarchy under a Common-wealth ours would have Powers equal with them as they then pretended for which Reason happily these Commissions were granted which must be agreed were a high flight and near approach to Soveraign Powers but that the King could delegate such Powers as mentioned in the aforesaid Commission not agreed By Vertue of these Commissions and Directions amongst others the Ships Adventure and Bristol whose Cargoes cost in England about 60000 l. were siezed or destroyed But some others that went escaped from being siezed as Pyrates in the Indies coming Home in safety were for some time permitted to sell their Goods without any great interruption but about the Year 1686. Resolutions were taken to make such Pyrates also As for Instance The Ship Andulazia who arriving at Portsmouth from the Indies with a Rich Cargoe an Order was obrained and sent to the Admiralty for apprehending the Men and siezing the said Ship the Men were brought Prisoners to London no Bail being admitted and some days after an Order was sent to the Admiralty in these words WHereas we have received certain Information that the Master supra Cargoe Purser and several other Persons belonging to the Ship Andulazia now lying under Arrest at Portsmouth by Process out of Our Court of Admiralty are gone down under pretence of attending the Inspection and Appraisment of the Goods on board the said Ship lately decreed by Commission out of Our said Court which persons at this present are accused for Acts of Pyracy as well as Interloping and are to be tryed for the Pyracy And whereas We are likewise informed that they or some of them have been actually on board the said Ship and have begun to rummage there pretending to remove the Goods in order to their Inspection and Appraisment by means whereof we cannot but suspect their ill intent and design to imbezil the Goods to Our Prejudice in case of Forfeiture To the intent therefore that there be no Imbezilment or Damage caused by them or any other person whatsoever but that the Goods be kept entire and safe for the benefit of Vs and Our Just Rights in case of Forfeiture or of others who may have a right to the same Our Will and Pleasure is that you forthwith issue out an Order to Our Marshal and Deputies of Our said Court to unlade the said Goods and put them in some secure Warehouses in Our Town of Portsmouth to the end that they may be preserved as aforesaid and for so doing this shall be your Warrant Given at Our Court at Whitehall the 17th day of March 1686 7. The persons that were named in the Warrants for the execution of these Orders were most or all Servants to the Company After Imprisonment great Losses and Charges this Affair ended in an Agreement as it was called made in these words WHereas the Ship Andulazia Captain John Jacobs Commander now Riding in the Harbour of Portsmouth hath Traded in India contrary to His Late Majesties Proclamation and the East-India Companies Charters without leave from the said Company and is suspected to have committed some Acts of Hostility in India which in strict construction of Law might be counted Piracy although it may be Reasonably hoped that the fact committed in the Indies was only to promote that Private Trade in which they were unfortunately ingaged And whereas the said Ship Commander Officers and Seamen and also the Cargoe aboard her is now under Arrest of His Majesties Court of Admiralty for Piracy and Interloping and there have been some Proceedings in the Admiralty Court in order to an Adjudication of the said Ship and Goods as forfeited by the East-India Companies Charters one half to His Majesty and the other half to the said Company Now for as much as the Interessed in the said Ship and Goods do apply themselves to the said Company and intreat they will favour them with their earnest Endeavours and Petitions to his Sacred Majesty in their behalf that His Majesty will be graciously pleased to grant His Royal Pardon to all persons concerned in the said Ships and of all Forfeitures incurred by the facts aforesaid the said East-India Company and Proprietors of the said Ship and Goods do mutually agree to the Conditions following viz. That the said Commander and Owners and all Persons concerned as Desendants in the said Court of Admiralty or otherwise shall in the said Court as most true it is confess the fact of Interloping and submit to the determination of that Court without further Appeal or moving for any Prohibition or bringing any Actions or Action of Trover or causing any further littigation or trouble in any of the Courts of Law or Equity concerning the

sold them in England against the Will of the Company to their Prejudice and Impoverishment against the Form of the Letters Patents to the Damage of the Company 1000 l. 1. You have not alledged that he had no License from the King 2. You have not shewn any Loss or Damage that you have Did he buy so much Merchandize in the Indies as that he left not there sufficient for you to furnish your Ships withall so that they came home empty No such thing is alledged Or did he here export to sell so much Merchandize as not sufficient left for you to buy here No such thing alledged in your Declaration Or did he bring home here so much as that there were not Buyers sufficient for his Goods and your's also No such thing is alledged Or is the Truth so as that hereby your imposing your Prizes upon your own Commodities selling at your own Rates and exacting what you thought fit was hindred and for this you would maintain an Action It will be the first Time I think that a Man did ever recover Damages for being hindred of imposing and exacting his own Prizes or having the Advantage of his Monopoly A Commoner may bring an Action of the Case against a Stranger who puts in his Cattel into the Common provided that thereby the Common be impaired and the Commoner have not sufficient Common as before but have a Damage otherwise he can maintain no Action Resolved that for every feeding of the Beasts of a Stranger in a Common Co. 9 Rep. 113. the Commoner shall not have an Assize or Action upon the Case but the feeding ought 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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Enchiridion Medicum Or a Manual of Physick Being a Compendium of the whole Art In 3 Parts viz. I. Of Diseases of the Head II. Of Diseases of the Breast III. Of the Diseases of the Belly Wherein is briefly shewed 1. The Names 2. The Derivation 3. The Causes 4. The Signs 5. The Prognosticks And 6. A rational Method of Cure Comprehending the substance of the more approved Authors both ancient and Modern Publish'd for the Benefit of all Persons being fitted to the meanest Capacity By R. Johnson Med. Profess Price 2 s. 6 d. FINIS