Part 5

Whether it would not forward the great work of reviving our Trade, and prevent those abuses complained of, if an Office was appointed in every County, to be kept by some honest upright men, who have a clear respect to the publique good, and advancing the National Trade, that might receive all Informations of such abuses, and transgressions of the Laws of the Land, in the case before mentioned, from any people that should be the discoverers of the same, and that such Officers may have power to examine Witness upon Oath, and if there be found a real guilt, in the Accused person or persons, that such Officer shall give to such discoverer, of his or their good service, and the matter to be Prosecuted at Law by a publique charge; and the persons, though never so mean, that have given the Informations, should be assured to receive his reward, by vertue of his Certificate, without any manner of trouble or charge to himself, as soon as the Suit shall be determined; all which would be carryed on with much ease, and be accomplished in a short time if such an Officer as did Prosecute for the King had the countenance of the Courts of Judicature as they ought to have, and the Cities and Countries made throughly sensible, that this matter is of so great concernment to the publique good, so that all Smugglers might be so much discountenanced, by all people both high and low, that none should dare to presume to transgress the King’s Laws, or for the future, endeavour a publique destruction to the Kingdome, for their private and perticuler advantage.

[Sidenote: _Quære 8._]

Whether it may not be judged to be more convenient, upon the discovery of such Offenders, to Prosecute them in the King’s Court of Exchequer, rather than in any Countrey Court adjacent, where such Fact was committed; or where the Offender dwells, least there should be some special correspondence held thereabouts, or interest more readily made in such Courts.

[Sidenote: _Quære 9._]

In case any publique Officer should be surprized, by the subtil contrivance of such Smugglers, with their Atturnies and Clerks, (who frequently use foul practices also,) and that such Officer shall be put to great Charges, possibly beyond his Ability, before he can obtain releif according to the rules of the Law: whether it would not be convenient that such Rules should be made and practiced in all Courts of Judicature, that such publique Officers for the King, should not be exposed to so great charges, by Actions brought against them, meerly out of malice, which are done purely out of design to terrify such Officers, (and to prevent if possible, for the future, the due and faithful Execution of their said Office in such cases,) wherein the Kingdomes good is so much concerned, and that a place was appointed where they might be speedily heard without tedious attendance.

[Sidenote: _Quære 10._]

Whether any Officer that formerly did, or now doth belong to the Customes, or was any wayes intrusted in his Majesties Service, who hath proved unjust, and unfaithful in his Office, either by conniving at such Smugglers, or complying with them, or neglecting (upon complaint made to him) to bring them to condigne punishment, according to the Justice of the Law, ought ever to be intrusted in any publique Imployment for the future.

[Sidenote: _Quære 11._]

Whether by our Laws, any Under Sheriff ought to continue in his Office, more than one year, or to act as Under-Sheriff upon any pretence whatsoever; considering they have such opportunities, to be prejudicial to any person, according to their Interests and inclinations; and they may delay and vex one party, and in the mean time unjustly incourage, and heighten the other; and this is such a thing as often proves very prejudicial to His Majesties Affairs in the Prosecution of such Informations, as may be brought, touching the abuses here mentioned.

[Sidenote: _Quære 12._]

Whether these Officers, that are in Commission or Imployment, that do joyn with, or countenance such as do transgress the King’s Laws, and make it their business to defraud the King of his Dues, or are not ready and forward to do that justice against the Delinquents that so do, ought not to be Displaced, and some way severely Punished?

[Sidenote: _Quære 13._]

Whether those Jurors that will give up their Verdict contrary to Law, and Evidence, ought not to be forced to give satisfaction to the party so greived, and injured; or to be made to suffer one way or another, as examples in such cases; without any tedious trouble to the party greived, as may be judged requisite, and reasonable; for as our Laws stand in that case, it is almost impossible to punish a Jury that doth offend, and act contrary to Law; for it is too much become the custome of many Juries, to act to the dammage of one person, out of favour and respect to the other, so that all people are sensible of the great abuses that are put upon one party, where the Adversary can carry a great interest, either in Cities or Countrey.

[Sidenote: _Quære 14._]

Whether it would not be as great a renown to His Majesty, if the Trade of Clothing was recovered to its height, as it was to King _Edward_ the Third, of Famous Memory, by whose Providence, and Industry it was first brought into _England_, which hath been so exceedingly advantagious to this Kingdome, for many years, and doubtless might be revived, to as great a strength as ever; if such things were consulted and practiced, which might be the proper and effectual means, conducible thereunto; and the people of the Kingdome brought to a ready observation, of the Lawes of the Land, which would turn to his Majesties great advantage in his Customes, &c. and put all his Subjects in general into a capacity of paying their Taxes willingly, according as his Majesty should have occasion, the Springs of Trade then being open and running, would bring in supplies to all people.

[Sidenote: _Quære 15._]

Whether it would not be necessary that all those Laws not yet Repealed, relating to the furtherance of Trade, and promiscuously scattered in the Law Books, ought not to be revived, and re-Printed in one Volume, that so all people might readily know those Laws, and be by Authority strictly commanded the observance of the same, with incouragements to the obedient, and punishments to the disobedient.

[Sidenote: _Quære 17._]

In case any Laws be wanting, or are not full enough, against the Transportation of our Prohibited goods, or the Importation of Forreign Prohibited goods, as new sorts of Stuffs, that may be made beyond Sea, or any thing elce, that is not perticularly provided against, whether it may not be very necessary to have such a defect supplyed.

[Sidenote: _Quære 16._]

Whether there ought not to be a Statute for the regulation or well making of such Staffs, _&c._ which were not used in former times, that so all deceits in work may be avoided, which if done, would doubtless very much advance the credit of the _English_ goods, and greatly further the sale of them at a Forreign Market.

[Sidenote: _Quære 18._]

Whether it is convenient that our Manufactures of Cloth and Stuffs, should be allowed to be transported out of the Land white (or undied) because it is a very common practice of the _Dutch_ and _English_ too, so to do, and then they Dye them and Dress them in _Holland_, by the which they set many people on work, and all that imployment is lost to _England_: but this is not all, for the Dutch do so handle the matter, as that they mak our own goods more acceptable and saleable in Forreign Countries, than we usually do, with the same sort of goods which we Dy in _England_, to the great profit and credit of the _Dutch_ abroad among strangers, and to the great loss and dammage of _England_, besides the disreputation by that means to _England_, yea many times the same goods that were carryed over to _Holland_ white, are returned to us again, when the _Dutch_ have Dyed them and dressed them, and then they are esteemed the best Colours, and therefore most vendible among us.

[Sidenote: _Quære 19._]

Whether it would not be very conducible to the publique good, that those perticuler Statutes should be put into effectual Execution, which do positively appoint, that all Merchants Forreigners, Tradeing into _England_ with Commodities of their own Countrey growth, and vending them here, should lay out their money again in our English Manufactures, and not be permitted to carry money out of the Land, directly nor indirectly; but lay it out in the goods, and wares of _England_ (their necessary expences excepted) according to the true intent and meaning of the said Statute.

[Sidenote: _Quere 20._]

Whether it be not worthy to be taken into consideration, concerning the fineness and weight of our English Coin, above and beyond the Coin of our neighbouring Nations, and whether that be not the cause of its Exportation out of the Land; a broad twenty shillings peice of Gold, being worth in _France_, _Flanders_, and _Holland_, twenty seven shillings, and a Crown piece of silver worth six shillings; so that I suppose we may cease wondring, what is become of the money of the Kingdome, considering it is such profit to the Merchant to transport it beyond Sea.

[Sidenote: _Quære 21._]

Whether it would not very much increase Trading, and be highly advantageous to the King’s Majesty, to have money plentiful in the Land, and greatly benefit the Common-Weale, if money in _England_ was in some measure made sutable or equal, to the weight and fineness of money in other Lands, and whether this would not be a great means of bringing in money from other Lands, and then keep it in the Kingdome being brought in; by such means the King would be sure to have a speedy supply on all demands, for his occasions; and it is granted on all hands, that good Treasures of Money are the principal Sinews of War.

[Sidenote: _Quere 22._]

Whether we in _England_, ought not in reason, to take the same care, for the preservation and advancement of our Native Commodities, as every other Kingdome and Countrey doth for theirs, as in _Spain_, the labour of the people is in their Vineyards, for the Production of Wine and Fruit, concerning which they take great care, that they make the utmost, and spend little of these things themselves, that they may make money of them to furnish their needs, with what is sutable, and many times they will not part with these their goods, for Barter, or Exchange for other goods, but will have ready money, and at dear rates too, as I have heard by those that have traded into those parts; some have given to the Spaniards, at the _Canaries_ 100 peices of Eight, for an ordinary Pipe of Wine, in ready money; which 100 Peices of Eight are well worth twenty two pounds Sterling, with us, and likewise in _France_ concerning their Wines, Salt, Brandy, _&c._ what care is by them taken to make the best of them, that may be, and what vast quantities of French Wines, Brandy, Vinegar, _&c_, do come over into _England_ in a year; to pay for which I doubt, there goes a great deal of ready money: and if so in other Countries, why should not the same care be taken in _England_, for the advancement of our Manufactures, endeavouring thereby to imploy our Poor, and so to inrich the Kingdome, especially considering the far greater advantages of so doing, that we have in _England_, than any other Nation hath, as hath been already at large set forth.

[Sidenote: _Quere 23._]

Why should the humour of our people in _England_ so far engage them to an old custome of burying the dead in Linnen, as to contradict and disobey so good a Law as was lately made by Act of Parliament, for the burial of our dead in Woollen, doubtless there was reason enoug then produced in Parliament, to sway with the King and those two Honourable Houses for the Enacting the same, and whether it be not as decent to cover the dead Corps in Flannel, as it is with Linnen; beside the burial of the dead in Flannel will greatly advance the Manufacture of the Nation, and in reason advance the prizes of all other Woollen wares, and this Woollen Cloth is of our own production, and when we bury our people in Linnen, that causeth so much expence (for the generality) of the goods of other Countries; and whether it ought not to be considered, that the Law provided in this case, ought to be re-inforced.

Now to draw towards an end, I have met with an Objection to this Treatise, that it may be judged Superflous, because several Books are extant concerning this Subject; to which I Answer.

Though I have reason to beleive them that told me so, yet I do beleive that the Reader will find a great difference between this and any other, if they be compared together, and that in many respects.

And again I Answer, that the more Complaints are made, of the Abuses and great Losses to the Kingdome, so much the more ought all good men to enquire into the truth of those Complaints, and endeavour for sutable Remedies; in Tendency whereto, I have presented something here by way of Quære, _&c._

And now methinks I hear some wise men say, that it is Reason that such abuses should be punished, and that severely, if any should presume to act such things, as are here complained of, or any waies vindicate those that do them; to the which I answer, that I wish that I were called to prove my knowledge of those things, without too much charge or Attendance, before any that should be appointed, to enquire into and to regulate the same, for I do not make it my business to set forth in this discourse the perticuler abuses of those Countrey Atturneys, Under-Clerks, Under-Sheriffs in their returns, and the abuses of their Officers, and the Assistance that some great Smugglers have, from some Magistrates and Justices of the Peace in the Countrey, together with the affronts that have been offered to our good Lawes, of which I have had a large and sad experience: And although our Lawes are good, and our Judges are just, yet the corruption in the practice of the Law, by under-Officers, is so exceeding bad and destructive to the Trade and publique good of the Kingdome, that in case I should perticularly recite those abuses that I my self have met with among the Practicers of the Law, I should fill a Book many times bigger than this.

And now I shall conclude, with the true and hearty wishes of an _Englishman_, that all our Ministers of State may so agree especially in this juncture of time, that they may unanimously joyn together, as one intire body, against all Intruders upon our Trade and Priveledges both at Sea and Land; that the Walls of this Kingdome may be built up and preserved, and our Tradeing may encrease and flourish, so that no cunning Usurpers may rob us of our old Prerogatives of the Seas, or the Manufacture of our native Trade upon the Land.

FINIS.

Poscript.

That these things are considerable to be looked into, and that a stock may be raised to employ the poor out of misimployed Charity, I have given a breif account of the abuses of Charity, in the place where I now inhabit, with a short Description of the River of _Medway_, alias _Chatham_, and the fraudes practised there and of some notorious abuses put upon me for doing my duty, and endeavouring to prevent those fraudes complained of in this Book, with the foul Practise of some under-Clerks, and cunning devices of some other Lawyers, which I shall Present to his most Sacred Majesty, and to the great Councels of the Kingdome; to the end it may be known what need there is of better encouragement to honest Officers, and those who put the Laws in Execution against such Offenders, being also ready to prove what is alledged in every particular clause before his Majesty in Councel.

_England_ is exceeding happy in a good and gracious King, but extreamly unhappy in some unfaithful Officers, and divided people, we are also happy in good Lawes, but unhappy in that they are so much corrupted, it is nothing with some Councel to make good, bad, and bad good; and in case they abuse a man never so much, this is sufficient, _They ought to do what they can for their Client_: by this course, our most gracious King, and the Honourable Courts are often misinformed, honest men discouraged, and unjust Stewards preferred, let Attorneys and Clerks use never so unjust practice, honest and just Lawyers will seldome complain, or move against those of the same profession. This Nation is puffed up with Pride, and grown idle with plenty, the meanest vie with the greatest, and will do any unjust thing to maintain it, Playes are more regarded then Prayers, Drunkenness than Study, the Clerks pens, than Trades-mens hands, so that our Trade is lost, our people live idle, Charity Robbed, our Poor starved, our Lawes not regarded, our Consciences fast asleep.

The Scene is so much altered in 25 or 30 years, that then a man thought his Son well provided for, if placed with a Clothier, and now nothing will do but Law, so that they multiply like Catterpillers in a dry Summer, insomuch that the increase of the Land cannot feed them, but they swallow up the earth also, what I write is no Romance, I have had sad experience of the truth of it, and according to the good old Proverbs, _The Loser may have leave to speak, And truth may be blamed, though not shamed_, that doth make a man as bold as a Lion, and I bless God in all my sad Afflictions, that very thing, and God’s promises hath kept up my spirits, and without reason I still hoped to be delivered from those wolves, as _Daniel_ was delivered out of the Lyons Den, which hath been done, some of my Enemies falling before me, and others have confessed their faults, and I have as freely forgiven them, as I hope God will forgive me, others whose actions are so foul, they blush and hang down their heads when they see me, though they will endeavour behind my back, & where it’s not known, to excuse themselves, I declare I desire to be in peace with all men, though I do endeavour to get my right, vindicate my self, and for publique good punish Offenders.

_Vale._

Transcriber’s Note

There are some inconsistencies with numbering in this book. There are no pages numbered 24 to 32, and Quære 17 appears before Quære 16.

Changes that have been made are:

Near end of the introductory address: From (aiming at no other, To (aiming at no other,)

Page 21: From and then to mind the pulique good, To and then to mind the publique good,

Page 24 (sidenote): From 27. Ed. Ed 3. ca. 3. To 27. Ed. 3. ca. 3.

Page 37: From cheifly intending thereby, To (cheifly intending thereby,

Page 40: From which by these and such like Practies are stollen, To which by these and such like Practices are stollen,

Page 41: From these the honest good men ’&c. To these the honest good men, &c.

Page 49: From said Office in such cases, To said Office in such cases,)

Page 49: From or complying with them, or negliectng To or complying with them, or neglecting