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A87610 A plea for free-mens liberties: or The monopoly of the Eastland marchants anatomized by divers arguments (wch will also serve to set forth the unjustnesse of the marchant-adventurers monopoly,) and proved illegall, unnaturall, irrationall, against the honour of the nation, tending to its ruine and vassalage, procured by evill counsellors: and lastly treasonable: with a short comment upon their oath, worthy of every mans serious perusall. / Penned for the publique good, by Thomas Johnson marchant. Johnson, Thomas, marchant. 1646 (1646) Wing J850; Thomason E319_1; ESTC R200551 9,229 7

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The Prologue to all the Commons of England VVOrthy Freemen of England the former publique Magistrates of this Kingdom by their Machivilian empoysened principles and specious pretences of common good whereas nothing lesse was intended have most cunningly and fraudently cozened you of your native freedoms to which by the fundamentall lawes and constitutions of the Kingdom yee were born unto secretly by wicked patents have stolne away your Birth-right to set up the particular and self interests of private societies One of which I here present to your serious consideration as a great grievance and burthen under which the honest Clothier especially and thousands of poore people groane yee know for what this Kingdom hath almost been wasted to ashes yee have spent so much of your estates and blood viz. the subjects liberty to which all civil government is subservient My advice to all is this especially the clothiers and others who are deeply interessed that as they love their bleeding dying Country their deliverance from so great a thraldome they would by petitioning and all lawfull means be earnest with the Parliament for the removall of this and all other pressures They are bound in duty to God in justice to you in dischargall of so great a trust committed into their hands to ease you of all unjust grievances intolerable burthens be therefore active in the work For very importunities sake your indeavours will be crowned with a happy successes and if you faint not reap the benefit of your labors which shall alwaies be the desire of him who is willing to serve you Thomas Johnson WHosoever survayes this Iland in her radiant and shining lustre with community and freedom cannot but say o quanta mutatio oh how great a change for indeed this Kingdom is a corporation or society of men under one form of civil government made by common consent in Parliament who are all bound by the law to maintain common freedom and the generall good of each other But particulars Patent societies swelling with a luciferian spirit in desiring to advance into a higher room then their fellows did by seruptitious Patents incorporate themselves exclusively became destructive to the whole body and subverters of the true ancient priviledges of the people and of all societies those of Marchants are the worst having no foundation on the lawes The fellowship and charter of those that stile themselves Marchants of East-land is a monopoly of this kind according to the true genuine sence of the word monopoly relating to a private company who ascribe unto themselves the sole exercise and benefit of such a trade wherein every subject hath equall freedome with them all which this monopoly doth and is illegal being contrary to magna Charta the petition of right Statutes of monopolics with divers others and in particular these 3. following 1. is of the 14. of Edw. 3.2 Item Where it is contained in the great Charter that all Marchants shall have safe and sure conduct to go out of the Realm of England and to come and abide and go through the Realme of England aswell by water as by land we at the request of the Prelates Earles Barons and Commons will and grant for us and for our heirs and successors that all Mirchants Denizens and Foraigners except those which be of our enmity may without let safely come into the said Realme of England with their goods and Marchandize and safely tarry and safely return paying the customs subsidies and other profits reasonably thereof due so alwaies that franchise and free customes reasonably granted by us and our ancestors to the City of London and other cities and good Townes of our Realm of England be to them saved The 2. is of 18. Ed. 3.3 That the ordinance made before this time upon taking of sorts of wools in every County be wholy nulled and defeated and that every man alwell stranger as privy from henceforth may buy wool according as they may agree with the seller as they were wont to do before the said ordinances and that the sea be open to all manner of marchants to passe with their marchandize where it shall please them By both these statutes it evidently appeareth that every Englishman may transport his commodity without molestation to what port beyond sea he pleaseth and make sale for his best advantage every Englishman being a native denizen and privy man of this kingdom according to the true meaning of the saw for it is imaginable to me that the law should provide better for aliens then her own children the 3. is of 12. H. 7.6 viz. as followeth To the discreet Commons in this present Parl sheweth unto your discreet wisdoms the Marchant Adventurers inhabiting and dwelling in divers ports of this Realm out of the City of London that where they have their passage resort course and recourse with their goods wares and marchandize in divers coasts and parts beyond the sea aswel into Spain Portugal Britan Ireland Normandy France Civil Venice Dansk Eastland Freezeland and other divers and many places regions and countries being in league and amity with the King our soveraign Lord there to buy and sell and make their exchanges with the said goods wares and marchandizes according to the law and custom used in every of the said regions and places and there every person freely to use himself to his most advantage without exaction fine imposition or contribution to be had or taken of them to for or by any English person or persons c. By which Statute all marchants aswell those inhabiting in divers parts of the Kingdoms as of the city of London as also every free born subject is acknowledged as his right to have freedom to trade to the said parts mentioned and to divers other regions and countries without subjection to any patent or paying any exaction fine c. for in that the statute saith every person is freely to use himself to his most advantage without exaction c. to be had or taken of them or any of them to for or by any English person or persons it clearly holds forth that the marchant and consequently every man that useth comerce to these parts ought not to come under the obedience of any opressing corporation whatsoever now Danst and the East-land being expressed in the statute which are the principall parts to which these Eastland marchants are priviledged by their monopoly and indeed the crown and glory of the rest for venting our native commodities as also the other included when the stitute saith and other divers and many places regions and countries I hope every honest man will be willing with heart and hand to endevour the recovery of our birthright which the law so evidently makes out owne from these unjust oppressors 2. Contrary to the light of nature which teacheth men to walk by congruity and equality not to oppresse because they would not be oppressed not to take away any mans right because they would not
of East-land who have practized arbitrarily for so long a time as they have done against the liberties of the natives deserve for all their cruelties to be proceeded against as publique delinquents to the State As touching their oath it is one of the worst I am confident that ever was made which I shall here insert for every mans knowledge You shall swear to be good and true to out Soveraign Lord the Kings Majesty and to his Heir as and Successors you shall bee obedient and assistant to Mr. Governour his Deputy and Deputies and assistants of marchants of Eastland all statutes and ordinances which bee or shall be made by the said Governour or by his deputies and assistants standing in force you shall truly hold and keep having no singular regard to your self in hurt or prejudice of the common-weal of the said fellowship you shall heal and not bewray and if you shall know any manner of person or persons which intend any hurt harm or prejudice to our said Soveraign Lord the Kings Majesty or unto his land or to the foresaid fellowship or priviledges of the same you shall give knowledge thereof and do it to be known to the said Governour or his deputy and you shall not colour or free any Forraigners goods not free of the said fellowship all which you shall hold and keep to the uttermost of your power or else being justly condemned for making default in any of the premises you shall truly from time to time being orderly demanded content and pay to the treasurer of this Company for the time being all and every such mulcts and penalties which have beene or shall be limitted and set for the transgressors of the same So God you help Lieutenant Col. Lilburn in his late book called Innocency and Truth justified being an answer to Mr. Prius look called the lyar confounded hath these passages pag. 53. And i● the second place seeing they know viz. the marchant adventurers that the Petition o● Right doth condemn the King and his Privie Counsell for making and administring o● oaths not made by common consent in Parliament and seeing the Parliament us they very well know was lately so angry at the Bishops and their convocation for assuming to themselves the boldnes to make an oath although they were invested with a more colourable authority to justify them therein then these can pretend how exemplary ought the punishment of these men to be for their impudence and boldnes after the knowledge of all this to force and presse upon the freemen of England an oath of their own framing and making and to keep their freedoms from them because out of Conscience they dar● not take them which at this present day is the condition of one Mr. Iohnson late servant to Mr Whitlock one of the East Country Monopolizing Marchants which is all one in nature with the Monopoly of Marchant Adventurers And not onely do they most uniustly keep my freedom from me for which I have so often ventured my life in the Northern service according to the Custome of the City of London but most inhumanely have taken from me my place of Factorship in the Eastland and all because I have reiected thei● monopoly and diabolicall oath and this was the gallam service of Mr. Burnell Governour and his associates the 3. Octob. 1645. but I expect to see Justice that banished exile return in all her glory and these oppressing task masters called to a iust account for certain I am that the law never gave them authority to make an oath or to force it upon 〈◊〉 conscience besides the oath containeth many perjuries in the second branch it ties the swearer to be assistant to Mr. Governour and his confederates in all their dishonest proceedings In the third branch to keep all their pernitious laws and ordinances which 〈◊〉 and ordinances are to deprive the Subiect of his right and this will not satisfie but to all that are to be made O intollerable burthen whither will this bottomlesse pit 〈…〉 is c. c. c. and innumerable company of c. In the fourth branch to keep all the●● cozening secrets and underhand dealings in the pursuance of their patent And in the 〈◊〉 branch for making default in any of the premises that is for forswearing himself wh●● he doth that keeps it aswell as he that keeps it not because he swears not in truth in 〈◊〉 and in righteousnes to pay such mulcts and penalties which have been or shall be limitted and set for the transgressors of the same as if such great crimes could be wash●● away with a pennance for my part I am clear in this point that whosoever he be th●● bends yeelds obedience to this or the like oath deserve not the name of an Englishman surely their designes are to use the expression of Lieu. Col. Lilburn in p. the 54 of his 〈◊〉 speaking against the marchant adventurers to make England a land of slavery ignoran●● and beggery or else a land of perjury I have now learned the meaning of that Scripture Rev. 13.16.17 And he causeth all both small and great rich and poor free and boun● to receive a mark in their right hand or in their foreheads that none might buy or sell save be that had the mark or the name of the beast or the number of his name which relates as I conceive to all monopolies whatsoever sublat a causa tollitur effectus take 〈◊〉 away these marchants patents and all other of the like nature and there will a sudden 〈◊〉 appear to the relief of the honest comfort and tranquility to the whole Nation for the effecting whereof if I shall but erritate the curteous Reader it is price sufficient for him whose desire it is not to live but in the truth FINIS