Selected quad for the lemma: nation_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nation_n	law_n	nature_n	positive_a	2,085	5	11.0131	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A87609	A discourse consisting of motives for the enlargement and freedome of trade· Especially that of cloth, and other vvoollen manufactures, engrossed at present contrary to [brace] the law of nature, the law of nations, and the lawes of this kingdome. / By a company of private men who stile themselves merchant-adventurers. The first part. Aprill. 11. 1645 Imprimatur, Na. Brent.	Johnson, Thomas, marchant.	1645 (1645)	Wing J849A; Thomason E260_21; ESTC R212472	22,833	55

A DISCOURSE Consisting of MOTIVES FOR The Enlargement and Freedome OF TRADE Especially That of CLOTH and other Woollen MANUFACTURES Engrossed at present Contrary to the Law of Nature Contrary to the Law of Nations Contrary to and the Lawes of this Kingdome By a Company of private men who stile themselves Merchant-Adventurers The First Part. Imprimatur NA BRENT April 11. 1645 LONDON Printed by Richard Bishop for Stephen Bowtell and are to be sold at his shop at the signe of the Bible in Popes-Head Alley 1645. To the Right Honourable the LORDS and COMMONS in PARLIAMENT assembled Right Honourable THE scope and substance of this following Discourse is to demonstrate by clear and unanswerable Arguments the Illegality of the Incorporation of those who soly ascribe unto themselves the names of Merchants Adventurers though they Trade but unto two Townes only and those hard by and to show further how their Patent trencheth upon the native Rights of the freeborn subject which Patent hath been often complaind of and clamord against from time to time as an universall greevance to Town and Countrey tending to the diminution of Trade and of all sorts of Manufactures at home and to the dis-repute of the Policy of this Nation abroad the sayd Patent being accounted no lesse amongst all people then a Monopoly a word odious all the world over This Incorporation hath bin like an Vlcer upon the Body politique of this Kingdome a long time which hath beene often rub'd and lanc'd yet it clos'd againe and gatherd more corruption then formerly and now requires a greater cure then ever Therfore in all humblenesse it is prayed that this Honourable Court and highest Councell of the Kingdom who have already done so many glorious things for the publike Liberty Rights and Immunities of the free borne Subject would be pleased to peruse the ensuing Discourse and poise the weight of the Reasons Arguments and proofes therein produced which are derived from true fountaines and so to doe therein what in their high wisedome and justice they shall think expedient for the redresse of such a Nationall grievance A DISCOURSE Consisting of MOTIVES FOR The Enlargement and Freedome of Trade Especially That of CLOTH and other Woollen Manufactures Engrossed at present Contrary to the Law of Nature the Law of Nations and the Lawes of this Kingdome By a Company of private men who stile themselves Merchant-Adventurers THe Terrestriall Globe in cut out into Islands and Continents both which are created to be a Mansion for men and although they be severd by the work of Nature yet they may be said to be joynd together by Commerce which is that great link of humane Society that golden chaine which unites all Nations And though the Earth and Sea be of themselves as differing Elements as any of the rest yet the Divine providence by a speciall foresight hath so indented as it were and embosomd them one in the other that they make but one perfect Globe to render them thereby more apt for the mutuall Commerce and Negotiation of Mankinde Of all parts of the Earth Islands which by the violence of the Sea are torne off from the rest of the world stand most in need of Commerce as well for the encrease of shipping whereon their security and strength doth principally depend as for divers other advantages conducing to wealth to the expence of the superfluities of their owne native Commodities and the importation of forreigne to intelligence and prevention of dangers and lastly to the improvement of civility and knowledge And this our Island for ought any one knoweth might have remaind to this day in her first simplicity and rudenesse had she not refined and civilized her selfe by Commerce with those of the next Continent and they of the next Continent had they not crossed the Alps to Italy and the Italians themselves had they not had practise with the Levantines and other Eagle-eyed Nations who dwell nearer the Sun rising Amongst the Islands of the old world Great Brittain hath beene cried up for the biggest and best replenished with those Commodities that are most materiall and usefull for the life of man whereof she hath not only a competency for her selfe but enough to spare her neighbours which by way of surplusage she useth to disperse to most Countreys whereby she beates a generall Trade and makes rich returnes with her owne home-growne goods which Trade may bee termed the prime sinew and chiefest support both of her strength and riches Now there is nothing so advantagious and commendable in a Trade as Community and Freedome for in this particular as in most things else the topique Axiome holdeth Bonum quò communius cò meliùs the more common and diffusive a good thing is the better it is The most substantiall and staple Commodity that our Countrey affords for the maintenance of Trade is Cloth with divers Manufactures besides arising from Wooll which makes other Nations call Wooll Englands Golden Fleece and questionlesse the principall reason why in time of Parliament our Iudges who are the Oracles of the Law do sit in the House of Peeres upon Wooll-Sacks was to put them in minde of preserving and advancing the Trade and Manufactury of Wooll Therefore to barre any freeborn subject from the exercise of his Invention and Industry to convert this universall native Commodity to his best advantage at home or abroad is to deprive him of part of his birth-right and of that which God and Nature ordaynd for his subsistence and not only so but it is to set a mark of strangenesse or rather of a kinde of slavery upon him in his own Countrey Hence it may well be inferrd that for one Company or Incorporation to arrogate to it selfe and to engrosse the mannaging expence and vending of this necessary inmated Commodity is an injury to publike right and no lesse then a meere Monopoly And it is held an undoubted principle of State that there is nothing more pernicious and destructive to any Kingdome or Common-wealth then Monopolies which like Incubusses doe suck the very vitall spirits and drive into one veine that masse of blood which should cherish the whole body Nor doth this word Monopoly according to its true Etimology referre only to one individuall person but also to any one Town where many men are incorporated or aggregated into one body who have hooked to themselves the sole exercise and emolument of such and such a trade whereby they only enrich themselves and admit no others to enter into their Society without some exaction The fellowship and Charter of them that terme themselves Merchant-Adventurers under favour is a Monopoly of this kinde and is repugnant both 1. To the Law of Nature 2. To the Law of Nations 3. To the positive Law of the Land First it is repugnant to the Law of Nature in regard that Wooll and the draping and merchandizing thereof being the Cape Commodity wherewith Nature the handmaid of God Almighty hath

receive the one moity of all such fines and penalties as shall be imposed upon such intruders and further they agreed to yeeld to his Maiesty in respect aforesaid an anuuall Rent of 50. l. or 100 Marks per annum As before by the recited Act so likewise by this order it appeares that Merchants would not submit nor come into their Companie as they had just cause so to doe therefore suit must be made to suppresse them but the illegall power which the Companie used begat a Petition for free Trade in Parliament against the Companie in Anno 1606 which was judged in that Supreme Court so just and right that there passed a Bill for a generall libertie of trade with great applause of the House scarce fortie dissenting from it But the Companie finding that the said Bill would have dissolved their Patent they made a crosse presumptuous Order which for that they have dared to doe they may be truly termed Adventurous Merchants At a Court holden April 5. 1606. THe Bill of generall liberty of Trade was now read and this Court hath consented that learned Councell shall be entertained and the enormities of the Bill laid open with a manifestation of the necessity of a government in Trade It is also further agreed that all reasonable charges expended about the crossing of that Bill shall be defrayed by the Treasurer here The transcript of this oath and orders were truly extracted out of their owne Register and is concordant with the originall Touching the first which is a kinde of oath of allegiance unto them and hath touched the consciences of some it is worth the observing how they mention a power they have to make Statutes and it is proper for them so to doe if they be a Commonwealth as they terme themselves in the same Oath And for the orders by these and the following one may finde upon what a tottering foundation their Charter stands and by what indirect meanes they support it being borne by strength of Purse and Court Donatives which in true English are but complementall bribes which dare not appeare among their publique accompts as is obvious by the following order At a Court holden Decemb. 23. 1622. ACcording to the Order of the generall Court this day they tooke into consideration the businesse of the Accompt required by the Commissioners which this Court conceiving to be a matter that may concerne divert occasions presented with gratuities It is not thought meet to give any such accompt as may any way touch the said great Personages but rather to a void the accompt by some good courses to which end it is agreed that Master Governour and Master Deputy or one of them doe take some such course as they shall thinke convenient At a Court holden Novemb. 16. 1623. THe Court had consideration according to the season of the yeare of their yearly presents to such Honourable Personages as they have received favours from and first forasmuch as they have beene extraordinarily bound to the favours of the Lord Treasurer the remembrance is now to be enlarged at Newyeares tide and that they shall present his Lordship with 200. peeces of 22. s. in gold and a peece of Plate as an acknowledgement of his Lordships speciall favours Moreover to the Lord Duke of Buckingham To the Archbishop of Canterbury To the Lord Treasurer To the Lord Keeper To the Lord President To Mr. Secretary Calvert To Mr. Comptroller c. Having made it apparent by the premisses how this fraternity of Ingrossers is repugnant to all Laws both of Nature of Nations and of those of this Kingdome as not being able to produce any municipall right thereunto it remaines now to prove further that this selfe-enriching society derogates from the repute and honors of the English Nation abroad for they are esteemed as indeed they are no other then a Monopoly which being odious every where makes them lose both love and respect as well in Germany as the Netherlands for though they enjoy some immunities where they come for their diet and lodging it is not for any love unto them but for the encrease of Customes and other advantages they bring along with them to that particular place And it is observed that they setled themselves no where yet but there hath beene jarring betwixt them and the Towne at last which hath made them remove their Tents so oft and shift from place to place besides there is commonly ill blood bred and matter of contestation and envie betwixt that Town where they seat themselves and other circumjacent Towns as happened of late yeares betwixt Rotterdam and Amsterdam Out of the precedent discourse and the circumstances thereof this Inference doth necessarily follow That the Company of those who stile themselves Merchants Adventurers in statu quo nunc take them in the condition they are now in is not only against the hereditary priviledges but also a pressure and a grievance of a high nature to the free-borne Subjects of this Realme of England But in regard it is a common laying that one tale is good till the other be told let us examine and answer the arguments they produce for their owne vindication and defence The Arguments which the Merchants Adventurers alledge for their justification may be all reduced to these three heads First they cry up the Antiquity of their Company Secondly the Ability of it Thirdly the Necessity of it 1. Touching the Antiquity thereof they affirme their Charter to have beene granted them above 250. yeares past 2. Touching their Ability they alledge that they are of sufficient wealth to take up and buy all the White Clothes yearly made in this Realme for readie money therefore there is no need to have a greater number added to them 3. Touching the necessitie of their Company they declare how by meanes of the same and by their discreet government the commodities issuing from Wooll have beene highly advanced alledging that Clothes in the time of King H 7. being worth but 3. l. are now sold for twice as much Moreover they say that if libertie should be granted every man to trade as he preaseth the unskilfulnesse of the traders meeting with the subtiltie of the people with whom they are to deale great losse would ensue thereby to the Subjects of this Kingdome besides the confusion that would inevitably follow To the first of these concerning their Antiquitie it is answered that As it is a rule in Divinitie that Prescription cannot priviledge an errour no more can it doe in civill government It is true when Edw. 3. by his extraordinarie wisedome had procured Cloth to be made so plentifully within this Realme he incited and stirred up his subjects to the venting of those Clothes by transportation of them to forraine parts whereby he granted them many favours and Henry the fourth erected them to a Company that went by the name of a Brotherhood of Tho Becket Bp. of Cant. yet with this proviso that any man paying

furnished this Island and wherein she hath given every freeborn Inhabitant equall interest as matter for his industry to work upon Surely she never intended that a thin handfull of men a small contemptible number in comparison of the whole being but a few trading members though their Company consists of a greater number should appropriate to themselves the disposing and venting of the two thirds of this generall grand Commodity as by diligent computation the Merchant-Adventurers are observed to doe Secondly it is against the Law of Nations in regard that no Monarchy or Kingdom whether elective or successive nor any other Commonwealth or State throughout Europe hath the like example What a hubbub would there bee in France if the vent of Wines were passed over to some peculiar men to furnish England withall or in Spaine or Naples were the fruits and oyles of the one and the silks of the other being their prime Commodities engrossed by a few hands But admit there were some extraordinary restraints in trading to remote Countreys and that there were joynt stocks it maketh nothing to justifie the Company of Merchant-Adventurers We know our East-India Company * Which yet hath beene lately questiened in Parliament as a Monopoly their Charter there disclaimed by themselves at illegall here and in Holland have limitations and have a Bank of their owne because the Purses of private men cannot extend to set forth Ships for making of such long adventurous costly voyages But the Trade which is beaten by our Merchant-Adventurers to Hamburgh and Rotterdam is of another nature for it is hard by home and as it were at our doores and may be performed by Ships of any seize the transfretation being short so that thought they seeme to arrogate soly to themselves the names of Merchant-Adventurers there are none that deserve it lesse their hazard being so small and their voyage so short Thirdly this Incorporation is repugnant to the positive Lawes of this Land as manifestly appears by Magna Charta Petition of Right Statutes of Monopolies and severall others but for brevity sake let it suffice to insert here that famous Statute which was enacted by one of our wisest Kings Henry the seventh which continueth yet in full force unrepealed and runnes thus Lo the discreet Commons in this present Parliament assembled 〈◊〉 H. 7.1.6 sheweth unto your discreet wisdomes the Merchant-Adventurers inhabiting and divelling in divers parts of this Realm of England out of the City of London that where they have their passage resort course and recourse with their goods wares and merchandize in divers coasts and parts beyond the Sea aswell into Spain Portugall Britain Ireland Normandy France Civill Venice Dansk Eastland Freezland and other divers and many places regions and countreys being in league and amity with the Kingour Soveraign Lord there to buy and sell and make their Exchanges with their said goods wares and merchandizes according to the Law and Eustome used in every of the said Regions and places and there every person freely to use himselfe to his most advantage without exaction fine imposition or contribution to bee had or taken of them or of any of them to for or by any English person or persons And in semblable wise they before this time have had used and of right owen to have and use their free passage resort and recourse into the coasts of Flanders Holland Zealand Brabant and other places thereto nigh adjoyning under the obeysance of the Arch Duke of Burgoyn In which places the universall Marts be commonly kept and holden foure times in the year to the which Marts all English men and divers other Nations in time past have used to resort there to sell and utter the commodities of their Countreys and freely to buy again such things as seemed them most necessary and expedient for their pofit and weale of their Countreys and parts that they be come fro till now of late that by the Fellowship of the Mercers and other Merchants and Adventurers dwelling and being free within the City of London by confederacy made among themselves of their uncharitable and inordinate covetousnesse for their singular profit and lucre contrary to every English mans Liberty and to the Liberty of the said Mart there which is that every person of what Nation that he be of should have their free liberty there to buy and sell and make the commutations with the Wares Goods and Merchandizes at their pleasure have contrary to all Law Reason Charity Right and Conscience amongst themselves to the prejudice of all English men made an Ordinance and Constitution that is to say That no English man resorting to the said Mart shall neither buy nor sell any goods wares or merchandizes there except he first compound and make fine with the said Fellowship Merchants of London and their said Confederates at their pleasure upon paine of forfeiture to the said Fellowship Merchants of London and to their Confederates of such merchandizes goods or wares so by him bought or said there which Fine Imposition and Exacion at the beginning when it was first taken was demanded by colour of Fraternity of Thomas Becket Bishop of Canterbury at which time the said Fine was but the value of an old Noble sterling and so by colour of such feigned holinesse it hath beene suffered to be taken for a few yeares passed and afterwards it was encreased to an hundred shillings Flemish and now it is so that the said Fellowship and Merchants of London take of every English man or yong Merchant being there at his first comming forty pound sterling for a fine to suffer him to buy and sell his owne proper Goods wares and Merchandizes that he hath there By occasion whereof all Merchants not being of the said Fellowship and Confederacy withdraw themselves from the said Marts whereby the woollen Cloth of the Realm which is one of the greatest Commodities of the same by making whereof the Kings true Subjects be put in occupation and the poore people have most their living and also other divers Commodities of divers and severall parts of this same Realm is not sold ne uttered as it was in times past but for lack of utterance of the same in divers parts where such Clothes be made they be conveyed to London where they be sold farre under the price that they be worth and that they cost to the makers of the same and at sometime they be lent to long dayes and the money thereof at divers times never paid And over that the Commodities and Merchandizes of those parts which the said Fellowship Merchants of London and others their Confederates bring into this Land is so said to your said Complainants and other the Kings true Subjects at so deare and high exceeding pr●…e that the buyer of the same cannot live thereupon by reason whereof all the Cities Towns and Burroughs of this Realme in effect be fallen into great poverty ruine and decay and as now in