free trade-及5嫗
梓囚徒貧圭�鮗� ○ 賜 ★ 辛酔堀貧和鍬匈��梓囚徒貧議 Enter 囚辛指欺云慕朕村匈��梓囚徒貧圭�鮗� ● 辛指欺云匈競何��
!!!!隆堋響頼��紗秘慕禰厮宴和肝写偬堋響��
with any generall or speciall charge。
The latter I cannot pretermit�此�for as the chiefe waight of
the Cloth´trade lyeth on the Merchants´Adventures�察�so also is the
burthen of charge most felt under that trade。 For the Impositions
and Imprest money by them laid upon the Cloth�察�for defraying the
charge of their Government�察�and payment of their Debts�察�hath
driven many good Merchants out of the trade�察�and given the
Clothiers occasion to complaine of want of Buyers�察�and thrust the
trade it selfe more and more into the Strangers hands。
And abroad�察�by the unfit place of Residence�察�which the
Merchants´Adventurers are fallen upon in Holland。 Whither they
goe with great perill of Shippe and Goods�此�And where they come
farre short of that they hoped for�察�and of that quicke and ample
vent of their Cloth they found in Zeeland。 The Agitation of which
remoove�察�is vehemently suspected to have moved the Merchants of
Holland�察�to procure Priviledges of the States Generall to
Incorporate themselves�察�and keep Courts�察�to confront the
Merchants´Adventurers�察�which they never did before�此�To have
drawne the Taring of Cloth into Holland�察�where the Buyers are in
some sort�察�Judges & Parties�察�which before was in the Mart´towne��
where the Seller was present�此�And lastly to have hastned the
great Imposition in Holland。 All which are matters of moment�察�and
concerne the Cloth´trade very much�察�and whereof the English
Factors there residing doe generally complaine�此�Yet These I
rather instance then urge�此�leaving the further Overture thereof
to their own relation。
Now the forreine causes of the decay of the Drapery of
England�此�are either generall�察�as the warres in Germany�此�or
speciall as the great Imposition lately laide upon our Cloth in
Holland。
By the former�察�the Course of Trade is stopt and hindered��
that Merchants cannot passe without perill from place to place��
and the monies become so variable�察�that when a Merchant hath sold
his Cloth�察�and hopeth to have gained something thereby�察�by that
time that the terme for payment is expired�察�he receiveth lesse in
value then the Clothes cost�察�by the raising and rising of the
monies。
By the latter�察�the Merchants of the Netherlands are
discouraged�察�wherby many of them have given over their trades��
which heretofore they followed in ample manner�察�unto Muscovy�察�the
East´Countries and other places�察�in our English Clothes bought of
the Merchants´Adventurers from time to time。
Cap。 III。
Of governed Trade�察�and therein of Monopoly。
Hitherto the Matter of Trade hath beene considered in Money
and Merchandize�此�the Forme followeth�察�and that either in respect
of Government�察�or want of Government in trade。 Government is a
representation of the Majestie and Authoritie of the King。 The
subject that is honoured with Government�察�is invested with part
of the Kings Honour。 The Trades of this Kingdome which by His
Majesties especiall Grace and Favour are reduced under Order and
Government into Corporations�察�Companies�察�and Societies�察�doe
certainly much Advance and Advantage the Commerce of this
Common´wealth�察�and farre excell the trades of any other forreine
Merchants in their ungoverned trades。
But as the Use of Government is excellent for the restraint
of unskilfull and disorderly trade�此�so the Abuse thereof is as
inconvient�察�if at any time the same be too strict�察�and come
within the compasse of a Monopoly。 And because the name and
nature of Monopoly�察�is more talk't of�察�then well understood of
many�察�and some thinke that the reducing of trade into Order and
Government�察�is a kinde of Monopolizing and restraint of trade�此�I
have thought it not unseasonable to bestow some specaill paines
in the diligent investigation thereof。 Not that I would have the
trade of the Kingdome�察�so circumscribed or appropriated to any��
that others of His Majesties subjects should be deprived of the
libertie thereof�察�but that upon equall and reasonable termes��
trading under Order and Government�察�without that ill tincture of
Monopoly�察�the Kings high way of trade should be opened unto all。
The name therefor of Monopoly in our English tongue�察�is
derived�察�as the learned know�察�of the Greeke word ��Greek word
omitted���此�whence also the Latine word Monopolium is borrowed。
Some derive it of ��Greek word omitted�� Solus�察�& ��Greek word
omitted�� Versor�察�to converse alone。 Others of ��Greek word
omitted�� Solus�察�and�察。�Greek word omitted�� Civitas�察�quasi unica
negotiatio in Civitate。 But all these agree in one meaning of the
word�察�that is Singularis Negotiatio�察�a diverting of Commerce from
the naturall course and use thereof�察�into the hands of some few��
to their benefite�察�and others projudice。 I also find many
definition of Monopolies�此�and a g reat question among the
Civilans�察�whether a Monopoly may bee exercised of one alone�察�and
whether it consist aswell in Locatio Conductio�察�as they speak�察�as
in Emptio Venditio。 Which last is out of question with all。 And
of the former I find an instance in Artistotle of Thales Milesius
his Monopoly�此�who by his knowledge in Astrology�察�foreseeing one
yeare in the winter�察�that there would be great plentie of oiles
the next yeare�察�hired before hand all the places and engines for
making of oile through both the Ilands of Melazo & Chius�察�and
afterwards let out the same againe at this owne place he maketh
also mention of another�察�who bought up all the Iron in Sicilia��
which afterwards he sold againe�察�and made one hundred talents of
that which cost him but fiftie。 Amongst others I will take the
definition of Althusius for all the rest。 Monopolium�察�saith he��
Est Commercium emendi�察�vendendi�察�permutadiue�察�a pancis veluno
etiam usurpatum�察�reliquis ciutbus preceptum�察�quo pretia augetur
cum lucro negotiantis�察�& reliquorum damno。 That is Monopoly is a
kinde of Commerce�察�in buying�察�selling�察�changing or bartering��
usurped by a few�察�and sometimes but by one person�察�and
fore´stalled from all others�察�to the Gaine of the Monopolist�察�and
to the Detriment of other men。
The parts then of a Monopoly are twaine。 The restraint of the
liberty of Commerce to some one or few�此�and the setting of the
price at the pleasure of the Monopolian to his private benefit��
and the prejudice of the publique。 Upon which two hinges every
Monopoly turneth。 And these two parts are respectively repugnant
to the two fundamental requisites of all good Lawes�此�to with��
Equity and Utility。 For it against Equity�察�that one member of a
Common´wealth should be more free�察�then another of equall ranke
and condition。 And what can be more contrary to Publique Utility��
then that some one or few persons�察�should sway the price of any
thing usefull to the Common´wealth to their owne enriching�察�and
the common losse of other men�拭�And here it is to bee well
observed�察�that unlesse these two parts concurre in a Monopoly�此�it
cannot truely and properly be so called�察�nor ought it so to bee
accounted。 And therefore Althusius following Decianus�察�saith well
of that restraint of the common liberty�察�which we call Suit of
Mill�此�which compelleth men to use this or that Mill to grinde
corne�察�and none other�此�that it doth only Sapere Monopolium��
Savour of Monopoly�此�but that it is not truely and properly a
Monopoly。 For that case of Suit of Mill�察�unlesse there be a
greater tolle or recompence exacted for grinding�察�then at other
Milles�察�it falleth onely within the first part of a Monopoly�察�to
wit�察�of the restraint of the publicke liberty�察�but not within
compasse of the other part�察�the setting of the price。 but for
this restraint of the publique liberty of Commerce�察�it may be so
ordered by the wisedome of the State�察�that it may be both Lawfull
and Beneficiall to the Common´wealth。 Which assertion�察�because it
may seeme strange to some�察�I will make evident by good Authority
and Examples。 Peter Martyr that famous light of the Churches of
the Gospell�察�defendeth the restraint of Solomon�察�that none shold
buy Horses of Egypt without his licence�察�to be Lawfull。 And of
this kinde is the Preemption of Tinne here in England�察�granted by
His Majesties gracious letters Patents do somefew�察�with restraint
of all others�此�which I dare boldly affirme is not onely Lawfull��
but very Beneficiall also to this Commonwealth。 For thereby our
Thrice Noble Prince receiveth a good revenue�察�and the Tinne of
this Land is sold for many thousand pounds a yeare more in
Forrein parts�察�then otherwise it would�察�to the great increase of
the Common stocke of this Kingdome。 Also the Law of this Realme
alloweth�察�that if any man invent a new Art�察�beneficiall to the
Common wealth�察�he may have a Patent to use that Arte soley�察�with
restraint of all others for seven years�此�as well in recompence of
his industry�察�as for the incouragement of others�察�to study and
invent things profitable for the publique symbiosis。 The Statues
of the Kingdome restraine from the exercise of sundry Crafts�察�all
such as have not served an apprentishood unto the art which they
would exercise�此�to the ende that those artes might be brought to
better perfection�察�and the things made�察�might be good and
serviceable for those that buy and use them。
The restraint of the Publique Liberty�察�is sometimes exercised
by
Private Authority�此�sometimes by Publique。 Which distinction is
made by the Emperour Zeno。 Iubemus ne quis prosua authoritate��
vel sacro elicito rescripto�察�etc。 Monopolium audeat exercere。
The former�察�is practised when any one or more�察�have by their
owne private contracts�察�gotten any Commoditie or matter of
Commerce�察�wholly into their owne hands。 Of this kinde are the
examples above cited out of Aristotle。
The latter�察�is when by Publique Authority�察�the liberty of the
subject is restrained�此�which is done�察�sometimes by the
Prerogative of the King�此�sometimes by Act of Parliament。
The former�察�by dispensing with a generall Law in some point��
and applying the dispensation to some one or fewe�察�with restraint
of others。 The latter�察�by prohibiting all�察�but some one or few
persons to use the benefit of the Law in some point or other。
For dispensing with the Lawes�察�it is without question�察�that
the King hath power to dispence with a Penall Law�察�when it
prohibiteth that which is not Malum in se。 For the Parliament
having made a Statute with intent of the Publique good�此�yet the
same by reason of something not foreseen at the making of the
Law�察�may prove very prejudiciall in the Execution。 And then the
Malum prohibitum�察�as the Lawyers speake�察�may be dispenced with by
the King。 Thus the Parliament having prohibited the exportation
of white Clothes undre'st above the price of four pound the
Cloth�此�the observation of that Statute was found by experience to
be very prejudiciall to the Trade�察�and free vent of the Cloth in
forreine parts。 Whereupon Q。 Elizabeth�察�granted a Speciall
Licence to the Fellowship of the Merchant Adventurers�察�to
transport all sorts of white Clothes undre'st�察�with a Non
obstante to that Statute。 And although all other men stood lyable
to the Statute stil�察�and were restrained�察�yet the Utility that
hereby