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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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others Since all are men and all haue suckt their Mothers ¶ Thus farre the ATTVRNEY and SOLLICITER generall Experience and Truth hauing pleaded before EQVITIE and REASON on the behalfe of TRAFFICKE no lesse dangerously supplanted by the Custumers disgrace then the Merchants extremitie in true Zeale of the Princes honour and Good of her People began here seriously to lament and bewaile the vnfaithfulnes of such as ignorantly haue beene the cause or wilfully persist to maintaine the burdening of the Custume houses with such swarmes of vnfit and needlesse Instruments that as Razours cutting off the life of Custumes and wrangling out disorder by a greater confusion so liue by their places that in time they must needes bee the death of the Nurse her selfe that feedes them But the wisdome of the Iudges moued rather with the weight of the CAVSE then passion in their Plea looking backe to the time bid them goe forward ¶ Now then see what hath beene said and so hast to an end The PRINCE as aforesaid is iustly offended the Merchant likewise hath laid downe his griefes These are the fower sorts of persons that attend Custume causes amongst whome if any complaine these last haue no reason to looke to bee pittied for that obtruding themselues into other mens workes vndertaking a taske exceeding their skill like men in amaze striue still to goe forward and in doing lesse then nothing would seeme to doe all Accusing the Custumers Calumus and● audacter vt alis quid adhareat Not vnlike to insolent and ignorant Huishers that lawlesse themselues know no rules of teaching but beating the Schollers But this by the way wil be wel worth the noting how generally iust 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ¶ regula veritatis as necessarie true the old rules of Art and Propositions of reason continue and stand Namely Quam frustra fit per plures quod fieri potest per pauciores 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ¶ regula Justitie And Institutio ab i●stio inutilis expostfacto non conualescit For as these Superuisors doubting at the first 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ¶ regula sapientie the holding out of their Deputies good abearing and wisely looking into the weake foundation of the Comptrollers whose Office themselues foresaw to be idle and so easie to be out-faced by their new Companie and accesse the seruice is become so violent so intricate and out of order that in the confusion the Searchers that only haue best meanes and by Office should concurre and assist the Custumers leaue the QVEENE to the Custume house and enquire the next way to their owne priuate profit The Custumers onely haue cause to complaine In which distresse the CVSTVMERS in displeasure with the Prince in disgrace with the world forsaken of their best Helps and Associats the SEARCHERS Quàm iniquè comparatum sit videri●t Reipub. Patres ip●●y Vnlitas quùm Quod opti●●● iure Optimis tantúm destinatum sit Munus nunc tandem è Vulgi collu●ie hominum Pessimis prestituatur in the midest of a number of lawlesse hungrie and for the most part ignorantly wilfull Deputies that like defectiue HETEROCLYTS wrangle with the very rules of Grammer pittying the Merchant sup vp their owne griefes and bemoane themselues in this maner ¶ That the meanes to enhable them to seruice viz. Countenance and Maintenance are withholden from them and conferred vpon others That their seruice notwithstanding is like the making of Bricke in Egypt for wanting meanes to performe their Taskes yet haue idle Taske masters set ouer them whose credite hath no being but in their disgrace That the Lawe it selfe so good and iust in generall is made both hurtfull to the Prince in their publike function and iniurious to themselues in their priuate callings For that whereto they are precisely enioyned at their admissions and which in respect of their places and charges The Law is made to debarre Custumers from their best endeuours they should and might best performe by one and the same way to the Princes immediate profit which others at the second hand haue made so availeable for themselues The Custumers of all men are by statute forbidden namely to meddle with any Trade or Traffick That their seruice besides is no thanks to themselues but a Countenance and meanes of Maintenance to others Sic vos non vobis nidificatis Aues fertis aratra boues c. That They notwithstanding vnderly all kind of Expences and hazards incident to Custume causes and others not touching the burden with their fingers for crying ayme onely reape thankes reputation and reward For omitting extraordinaries their expences for their Bands and Suerties to answere al Duties subiection besides is an vnknowne bondage and burden in respect of the libertie the rest doe liue in No Custume-houses built by the Prince in the Out-Ports They onely are to prouide hire and furnish for euery Porte of their charge a conuenient Custume house which besides Tables Deskes and necessaries fit for such places are hardly hired for 40. a peece of yerely rent So as where for examples sake there are fiue Portes he writers owne chardge in Kent 5. Portes for fiue Custume houses the Custumer is chargeable with the yearely rent Of. 10. ot 12. At each of these fiue Custume houses must be intertained a discreete Person for though any be fit enough for the Superuisors turnes as matters doe stand yet it stands the Custumer in hand to vse choise and honest men of the best education the seruice passing in Latine for his owne securitie And vnto such lesse then twentie markes wages and as much for dyet cannot be offered Which yearely is a charge of two hundreth pounds or more the Head-Porte considered in proportion At these fiue Custume houses what euer is spent in Incke Parchment Paper and Wax is supplied alwaies by the Custumer only which yearely may be a Matter of some 10. pounds ¶ Besides The hazard of the Queens money that of necessitie is to passe by Bils of Exchange through sundrie hands being allowed no Portage money is an vnknowne hazard trouble W●●t of Portage m●ney and care to the Custumers onely which the rest breake no sleepe for Theirs also are all charges expended in ryding or sending from place to place as the seruice fals out by letters or Order from the Lord Treasurer or Exchequer Lastly They put in their Bookes twise a yeare to their double charges which the rest performe but once yearely for fashions sake onely without expence or attendance leauing the Custumers onely to abide to follow and to pay all Duties Fees and whatsoeuer charges to Officers and others Wherein the best part of their wages and reward from the Prince is consumed but vsually the one halfe if not two parts of three as being more delayed and accumbred with the confused entries and writings of others Bookes by carelesse and ignorant Deputies then any of
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
absolutely credited And that that being done all cautions besides are but bootelesse effects of Ielousie and Suspition iniurious to the Reputation of that Officer and hurtfull to the seruice 2. And that where the pledge is once giuen and taken which is the vttermost of all securities in vse amongst Christians Of consequence if that Officer bee dishonest he is ill chosen and so fit to be remooued or the Function in matter or forme defectiue and so fit to be reformed But truth is called the daughter of Time and Practize and Experience the Midwiues that bring her to light for the weakenesse of this third Prouision or Caution in time gaue easie way to a fourth kind of Officer and so may doe to the fift and a sixt in infinitum so long as the grounds and causes of offences are mistaken or vnknowne ¶ Ignorance is called the mother of Error Of Errors come Mischiefes Truth best found out by knowledge of Error and priuate Mischiefes proue publike Inconueniences which breeding Confusion point out Order and Perfection as Causes grow known So that Faelix qui poterit rerum cognoscere Causas CVSTVMES paid by Merchants are subiect to TRAFFICK as the Effect to the Cause Trafficke subiect to Occasions and Times TRAFFICK ryseth and falleth with occasions and Times the obseruing whereof requireth Experience and Iudgement to direct and Freedome with Judustrie to manage the same Examples wherof are all Owners of lands that by distinguishing Soyles and obseruing of Seasons make vse of their grounds But as if a Lord of a Mannour that intending to make the best of his own by his immediate Seruants though the groūds be excellent fertile and good giues charge notwithstanding and expresly forbids them both the vse of the Plough Custumers forbidden all Trades and Trafficke and all means besids of manuring their soiles wherby their wils wanting freedome to approue their endeuours they reape none other yeelde then as nature affordes and so at the ende of haruest falling out with his Seruants farmes the Land vnto Strangers who neerest themselues first serue their own turnes The farming of Custumes vnnaturall and not so good to the Prince as iniurious to the Subiect and in raysing their rents for the most part make spoyle of the grounds So fares it with the Seruants and lands of this great Feeld of reuenues And no meruaile at al for where things are past ouer without distinction of Times Persons and Place the Error in iudgement makes the Actor next hand suspected and blamde Thus first grew the occasion that the CVSTVME of sundrie things became farmed out to sundrie Persons for yearely rents certaine and set termes of yeares But with what vncertaine successe the times haue declared and the persons haue found For witnesse whereof omitting times past to begin neerer hand about the xij of the Queene M. Smith tooke the Custumes of some PORTS to farme M. Smith whose industrie made his gaines so enuied that all was resumde at the end of his yeares After him Sir Frauncis Walsingham was wonne to the like for some PORTS else where S. Fra. Walsingham but missing the methode how euer he thriued after his death the remainder of his terme was by composition surrendred vp into her Maiesties hands Then grew it a question things so meeting together how the same might be best husbanded to her Maiesties owne and immediate vse that had beene so good to some others at a second hand And because the Custumers at al hands were holden for Publicans Sinners a new fourth sort of Officers became created who at the cost of Sir Francis hauing wonne their experience before vndertooke by themselues and Deputies To reforme all abuses and aduance the Queenes Custumes in al PORTS of this Realme LONDON excepted To these therfore being fower in number a Commission is graunted ioyntly 4. SVPERVISORS by the name of SVPERVISORS 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 l. Occultatio truly describing the state of the seruice Drawen from concord in Musique and Order in building To reforme all abuses and aduance the Queenes Custumes Bid such men wel-come bee they neuer so many for that 's the Dyapason of all our Musicke so the more the merier And the base of that building so many haue vndertaken and so fewe haue set forward therefore the more hands the lighter worke Prouided alwaies they sing with the Companie and worke in Gods name Hoc opus hic labor est committed to none but Men of the best sort only Religious and honest indeede as these pretend to be Yet since in this in al things Virtutis laus actio and Carpenters are alwaies best knowne by their chippes first heare their voices and examine their cunning for so their consent and harmonie will shewe their skill in Musicke and their Disposition and Order in raysing their worke will commend their building For if into a Consort ordained to sing or sound Any or Many should obtrude themselues and taking vp Instruments pretending to tune them regard neither Rests nor giue eare to any Time nor sound the Instruments to find out what compasse of Musique they are ablest to maintaine but sing to themselues and stand winding vp Strings till all breake in sunder would yee not catch the Instruments from the hands of such Tuners and as Personnes either ignorant or impudent desire such Musitians of lesse acquaintance Likewise in the framing and rearing some ●ta●●ly peece of building such as might be the Steeple for Paules a worke faire and farre seene and faisible enough for fit and skilfull workemen if Any or Many vndertaking to aduance it should begin at the height and so build downeward or pitching the Weathercocke beneath striue to raise the base end vpward would any well aduised stand neere such builders for feare of danger or at least Spectatum admissi risum teneatis Amici Euen such and no better proues the skill and proceedings of these forward Reformers of abuses and aduancers of Custumes For whilst the Custumers set vp as it were and opposed with the a Extremitie Discant of their lesson enioynd them to learne and finding their * Marchants Instruments not able to maintaine such a Compasse in Musike were applying themselues to the b The equitie of the Law Plaine-song prickt out to the plesingest Ditty that euer was endited beginning thus “ Est Modus in rebus sunt certi denique Fines There is a Mids betwene Extreames much like a mark or white “ Quos vltra citraque nequit consistere Rectum Whereat who leuels short or gon can neuer shoote aright Which fitting all a Raates Strings the Searchers withall at euery Close singing Then Measure is the mery Meane for Prince and People Makes a song in it selfe of Good rime and Good reason being perfectly learned and sung with good Time and Tunable voyces Spo●daeum melos 〈◊〉 nisi Sua●e sonans farre fuller of daintie streines