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A32827 A discourse about trade wherein the reduction of interest in money to 4 l. per centum, is recommended : methods for the employment and maintenance of the poor are proposed : several weighty points relating to companies of merchants, the act of navigation, naturalization of strangers, our woollen manufactures, the ballance of trade, and the nature of plantations, and their consequences in relation to the kingdom are seriously discussed : and some arguments for erecting a court of merchants for determining controversies, relating to maritime affairs, and for a law for transferrance of bills of debts, are humbly offered. Child, Josiah, Sir, 1630-1699.; Culpeper, Thomas, Sir, 1578-1662. Small treatise against usury. 1690 (1690) Wing C3853; ESTC R8738 119,342 350

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what Nation much less what Parish they are of Question 3. The third Question If the defect be in our Laws how shall we find a remedy that may be rational and consistent This I confess is a hard and difficult question it is one of the Ardua Regni and may very well deserve the most deliberate consideration of our wisest Counsellors And if a whole Session of Parliament were employed on this singular concern I think it would be time spent as much to the glory of God and good of this Nation as in any thing that noble and worthy Patriots of their Country can be engaged in But seeing I have adventured thus far I shall humbly proceed to offer some general proposals that have a tendency towards the effecting this great Work which being seriously thought of and debated by wiser men may be capable of such melioration as may render them in a great measure effectual to the Kingdom in general although at present to prevent that common Objection that great Mutations are dangerous I shall only propose them to be experimented in these parts of the Kingdom which are the Vitals of our body politick which being once made sound the care of the rest will not be difficult Proposition 1. First then I propose That the City of London and Westminster Burrough of Southwark and all other places within the usual Lines of Communication described in the weekly Bills of Mortality may by Act of Parliament be associated into one Province or Line of Communication for relief of the Poor 2. That there be one Assembly of men and such as they shall from time to time appoint and deputise entrusted with the care for and treasure of all the Poor within the said Pale or Line of Communication 3. That the said Assembly be incorporated by Act of Parliament with perpetual Succession by the name of Fathers of the Poor or some other honourable and significant Title 4. That all Constables Church-wardens Overseers or other Officers in all Parishes within the said Line be subordinate and accomptable to the said Fathers of the Poor and their Deputies for and in all things relating to the Poor 5. That the said Fathers of the Poor may have liberty to assess and receive into their common Treasury for relief of their Poor so much Money from every Parish as they yearly paid to that purpose any of the three Years preceding this Constitution and to compel the Payment thereof but not of more 6. That the said Fathers of the Poor and their Deputies may have very large and sufficient power in all things relating to the Poor and particularly to have and receive the charitable benevolence of all Persons once every Lord's Day in every Parish-Church and in any other Meeting of Pious Christians and at any other time or times which they shall think fit 7. That the said Fathers of the Poor and such as they shall authorize may have power to purchase Lands erect and endow Work-houses Hospitals and Houses of Correction and to exercise all other Powers relating to the Poor that any number of Iustices of the Peace now may do in their quarter-Quarter-Sessions or otherwise 8. That the said Fathers of the Poor may have Power to send such Poor beyond the Seas as they shall think fit into his Majesties Plantations taking Security for their comfortable Maintenance during their Service and for their freedom afterwards 9. That the said Fathers of the Poor may have Power to erect petty Bancks and Lumbards for the benefit of the Poor if they shall find it convenient and also to receive the one half of what is paid at all the Doors of Play-Houses and have the Patent for Farthings and to do whatever else his Majesty and the Parliament shall think fit to recommend to them or leave to their discretion 10. That the Treasure that shall be collected for this purpose be accounted sacred and that it be Felony to misapply conceal lend or convert it to any other use or purpose whatsoever 11. That there be no Oaths or other Tests imposed upon the said Fathers of the Poor at their admission to bar our Nonconformists amongst whom there will be found some excellent Instruments for this good Work and such as will constantly attend it for if they be kept out the People will be cold in their Charity and in their hopes of the success 12. That the said Fathers of the Poor may constantly wear some honourable Meddal such as the King and Parliament shall devise besides the green Staff which is now used in London to such like purpose but upon extraordinary dayes only to denote their Authority and Office at all times and in all places after the manner of the Habits in Spain or rather as have all the Familiars of the Inquisition in most Romish Countries with admirable effect though to a wicked purpose the consequence whereof will be that the said Fathers of the Poor being numerous 〈◊〉 disperst by their Habitations and Business into most parts of their Province will readily see any neglects of Officers and as easily redress them the Meddal which they wear about them being a sufficient Warrant to command Obedience from all Parish Officers where-ever they come although their Persons be not known there 13. That the said Fathers of the Poor may have liberty to admit into their Society and all Powers and Priviledges equal with them any Persons that are willing to serve God their King and Country in this pious and publick Work the Persons desiring to be so admitted paying at their admission 100 l. or more into the Poors Treasury as a demonstration of the Sincerity of their Intentions to labour in and cultivate this most Religious Vineyard This I only offer because the number of the said Fathers of the Poor hereafter mentioned may be thought rather too few then too many 14. That the said Fathers of the Poor besides the Authority now exercised by Iustices of the Peace may have some less limitted Powers given them in relation to the punishment of their own and Parish Officers by pecuniary mul●ts for the Poors benefit in case of neglect and otherwise as his Majesty and the Parliament shall think fit 15. That the said Fathers of the Poor may have freedom to set the Poor on work about whatsoever Manufacture they think fit with a Non obstante to all Patents that have been or shall be granted to any private Person or Persons for the sole Manufacture of any Commodity the want of which priviledge I have been told was a prejudice to the Work-house at Clerkenwell in their late design of setting their poor Children about making of Hangings 16. That all Vacancies by reason of death of any of the said Fathers of the ●oor be perpetually supplied by election of the Survivors Quest. 4. The fourth Question is who shall be the Persons entrusted with so great a Work and such excess of Power This is a Question likewise of some difficulty and
Account or Accounts of Merchants Freight of Ship or Goods Bill or Bills of Exchange or Bills of Bottomry or Bumery or for Work done upon or Materials delivered to the use of any Ship or Money due for sale of Goods or any other thing relating to Trade or Shiping 3. That any three or more of them as the Iudges lately did at Clifford's Inn may proceed sumarily to the hearing and determining of any such Differences and that their Sentence shall be final from which there shall be no Appeal or Review otherwise then as is hereafter mentioned nor any Writ of Error lie for the removal or reversal of the same 4. That they or any three of them may so issue out Summons for convening all Persons before them a● the Judges did c. 5. That they be a Court of Records 〈◊〉 the Judges were c. 6. That they take nothing for their own pains directly or indirectly but six pe●ce each for Signing every final Order in every Cause whereof the value of the Money to be paid doth not exceed 10 l. And 12 d. for all Causes not exceeding 100 l. and only 2 ' s. each for all Causes exceeding the value of 100 l. The said Fees to be due and payable only to such and so many of the said I●diciary Merchants as heard the said Cause and Causes and Signed the Iudgments or final Decrees in them 7. That for Rewards to Officers the Iudiciary Merchants do constitute a Table of reasonable Fees to be confirmed by the two Lord cheif-Cheif-Justices and Lord Chief Baron of the Exchequer 8. That in any Case determined by a less number then seven of the said Iudiciary Merchants there may be an Appeal to seven or more as was lately practised in the afore-mentioned Judicature 9. That they may have power to levy Executions upon Estates real or personal with such Restrictions as the Parliament shall please to appoint 10. That the extent of the Iurisdiction of the said Court shall be to all Places within ten Miles of London or only to the late Lines of Communication as the Parliament shall think fit 11. That the said Iudiciary Merchants and their Officers before they exercise their Authority take such Oathes as the Parliament shall please to appoint 12. That if any of the Iudiciary Merchants be Prosecuted for exercising any of the Powers that shall be committed to them they may plead the general Issue and give the Act in evidence for their Defence 13. That no Writ or Writs of Super●edeas Certiorary or Injunctions out of any of his Majesties Courts shall superceed or stay Execution c. 14. The Act to continue Probationarily so long as the Parliament shall think fit 15. That the twelve Iudiciary Merchants shall be chosen Yearly by all the Freemen that are Livery-men of London in the Guild-Hall of the said City or by so many of them as shall be present at such Elections upon every Munday Yearly next before the Feast day of St Michael or as the Parliament shall appoint in manner following Every Livery-man then present to deliver unto any two such Aldermen and four Commoners as the Lord Mayor and Court of Aldermen for the time being shall appoint to take the view or scruteny of Election a Paper containing the names of such twelve Persons as he thinks best to be Elected for the purposes afore said setting his the said Electors own name on the back-side of the said Paper and the next Munday after in the said Guild-Hall the said two Aldermen and four Commoners or so many of them as shall have taken the Scrutiney shall publickly declare unto the Lord Mayor Aldermen and Commoners then present who are the twelve Persons chosen by the majority of Votes and how many Votes each of them had 16. If it happen that any of the judiciary Merchants dye before the end of the Year or refuse to undertake the Trust it be lawful for the Livery-men to choose another or others toties quoties And the Lord Mayor being enjoyned to summon Common-Halls to that purpose 17. That every Year six of the old judiciary Merchants go off in course and be uncapable of being re-elected and six new ones chose in their stead viz. all the twelve to be re-chosen but only six of the old ones that had the most Voices to hold next Year although more of them should happen to be elected for the next Year Object 1. The many Objections that I can fore-see will be made against this Constitution is that It thwarts that most excellent order of our English Iuries Answ. 1. I answer That I hope there is no English man more in love with Iuries then my self but it is evident that the common way of Tryals doth not well reach the variety and strangeness of Merchants cases especially in relation to foreign Affairs Answ. 2. What better Jury can a Merchant hope for than twelve able and honest Merchants chose by the collective Body of the whole City and such as shall all of them stand upon their Good Behaviour to be turned out with Ignominy the next Year if they do not equal right to all men Object 2. The admitting of no Appeals from a Cou●t-Merchant seems too arbitrary I answer While we choose our Iudges our selves for Merchants cases and may remove them our selves in my opinion they can be no more too arbitrary than too much power can be given to Referees when both parties desire an end of their Differences besides if their Power be not great the many designs of cheap speedy and short issues will be lost But if it shall please the Parliament there may be in the Act an appeal reserved to the House of Lords the Money condemned to be first paid or deposited before the Appeal be allowed CHAP. VII Concerning Naturalization THat an Act of Naturalization of Strangers would tend to the advancement of Trade and encrease of the value of the Lands of this Kingdom is now so generally owned and assented to by all degrees of men amongst us that I doubt not but a short time will produce some Act or Acts of Parliament to that purpose I have therefore thought it not impertinent to note some few Particulars which if not warily prevented may deprive us of the greatest part of the Fruit hoped for by so good a design viz. 1st The Priviledges of encorporated Cities and Towns 2dly More especially the Societies of Artificers and Trades-men belonging to some Cities and Towns Corporate such as Weavers Coopers and many others who by vertue of their Charters pretend to Priviledge and Iurisdiction not only to the utmost extent of the Liberties of their respective Cities and Towns but to the distance of ten Miles about them 3. That branch of the Statute of 5 th of Elizabeth which enacts That none shall use any manual Occupation that hath not served an Apprenticeship thereunto upon which Statute it hath been usual to indict Strangers work-men that have exercised their Callings