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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 

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