9. INCORPORATION OF A JOINT-STOCK MINING COMPANY [_Patent Rolls,_[308]

_10 Eliz., Part V_], 1568.

Elizabeth by the Grace of God, etc. To all unto whom these presents

shall come, greeting.

Whereas we ... have ... given and granted full power, license and

authority to Thomas Thurland, clerk, ... and to Daniel Houghsetter, a

German born ... to search ... for all manner of monies or ores of gold,

silver, copper, or quicksilver, within our counties of York, Lancaster,

Cumberland, Westmoreland, Cornwall, Devon, Gloucestershire and

Worcestershire, and within our principality of Wales, or in any of them,

and the same to try out, convert, and use to their most profit and

commodity....

And whereas our pleasure, intent, and meaning in our said Letters Patent

was that, for the better help and more commodity of the said Thomas

Thurland and Daniel Houghsetter and their several assignees, they ...

might ... grant ... parts and portions of the said licenses ... and

thereupon their several assignees have ... granted ... to ... William,

Earl of Pembroke, and Robert, Earl of Leicestershire, and to ... James,

Lord Mountjoy, and to Sir William Cecil, knight, our principal

secretary, and John Tamworth and John Dudley, esquires, Leonell Duchet,

citizen and alderman of London, Benedict Spynola, of London, merchant,

John Lover, William Winter, Anthony Duchett, of the County of

Westmoreland, gentlemen ... Daniel Ulstett, a German born [and ten

others], divers parts and portions of the licenses, powers, authorities,

privileges, benefits and immunities aforesaid;

By force whereof the said Thomas Thurland and Daniel Houghsetter ...

have travailed in the search, work and experiment of the mines and ores

aforesaid ... and have now brought the said work to very good effect,

whereby great benefit is like to come to us and this our Realm of

England, which also will the rather come to pass if the persons ...

having interest in the privileges aforesaid might by our grant be

incorporated and made a perpetual body politic; ...

Know ye, therefore, that we ... do give and grant to the aforenamed

William Earl of Pembroke [and the others as above] that they by the name

of Governor, Assistants, and Commonalty for the Mines Royal shall be

from henceforth one body politic in itself incorporate, and a perpetual

society of themselves both in deed and name....

And, further, we ... will and grant ... that they ... shall and may not

only admit into the said corporation and society such and as many

persons as by the statutes ... shall be prescribed ... so that every

such person ... shall ... have for the term of his life at the least the

benefit of a quarter of one four-and-twenty part of the licenses,

powers, authorities, privileges, benefits and communities aforesaid, ...

but also shall and may minister to every such person to be admitted an

oath tending to the due performing and keeping of the rules, statutes,

and ordinances in form aforesaid to be made ...

[Footnote 308: Printed by the Selden Society, Vol. 28, pp. 4-15.]

10. AN ACT FOR THE INCREASE OF TILLAGE [_13 Eliz. c. 13. Statutes of the

Realm, Vol. IV, Part I, pp. 547-48_], 1571.

For the better increase of tillage, and for maintenance and increase of

the navy and mariners of this realm, be it enacted, that from and after

the feast of the Nativity of St. John Baptist next coming, it shall be

lawful to all and every person and persons being subjects of the Queen's

Majesty, her heirs and successors, and inhabiting within her highness'

realms and dominions, only out of such ports and creeks where are or

shall be resident a customer or collector of subsidy of tonnage and

poundage, or one of their deputies, and not elsewhere, to load, carry or

transport any wheat, rye, barley, malt, peas or beans into any parts

beyond the seas, being in amity with this realm, and not prohibited by

any restraint or proclamation, only to sell as a merchandize in ships

carriers or other vessels bearing cross sails, whereof any English born

subjects inhabiting within her Highness' realms and dominions then shall

be the only owners, at all such times as the several prices thereof

shall be so reasonable and moderate in the several counties where any

such transportation shall be intended as that no prohibition shall be

made, either by the Queen's Majesty, her heirs or successors, by

proclamation to be made in the shiretown or in any port towns of the

county, or else by some order of the lord president and council in the

north, or the lord president and council in Wales, within their several

jurisdictions, or of the justices of assizes at their sessions in other

shires out of the jurisdiction of the said two presidents and councils,

or by the more part of the justices of the peace of the county at their

quarter sessions, in this manner following; that is, the said lord

president and councils of the shires within their jurisdiction, the

justices of assize at their several sessions in other shires out of the

said jurisdictions belonging to the said councils in the north and in

Wales, yearly shall, upon conference had with the inhabitants of the

country of the cheapness and dearth of any the said kinds of grain

within the countries within jurisdictions of the said councils, or in

the other countries within the limits of the said justices of assize, by

their discretion determine whether it shall be meet at anytime to permit

any grain to be carried out of the realm by any port within the said

several jurisdictions or limits, and so shall in writing under their

hands and seals cause and make a determination either for permission or

prohibition, and the same cause to be by the sheriff of the counties

published and affixed in as many accustomed market towns and ports

within the said shire as they shall think convenient, and in such manner

as the Queen's Majesty's proclamations are usually published and

affixed; which determination of the said presidents and councils in

their jurisdictions, and of the justices of assize in their limits,

shall continue in force for the time, place, and manner therein

expressed until the said presidents and councils shall otherwise order,

or until the justices of assize at their being in their said circuits in

every of the said counties shall alter or otherwise order the same,

except the same shall be otherwise in the mean time altered or

countermanded by the Queen's Majesty, her heirs or successors, or by

some order of the justices of the peace in the counties situated out of

the jurisdictions of the said two councils in their quarter sessions to

be holden in the meantime, or the greater part of them, shall find the

same determination of the justices of assize to be hurtful to the

county by means of dearth, or to be a great hindrance to tillage by

means of too much cheapness, and shall by their writings under their

hands and seals make any determination to the contrary, either for

permission or prohibition of carrying of any kind of grain out of the

realm; ...

... Provided nevertheless, that neither any of the said presidents and

councils, nor the said justices of assize nor the said justices of peace

above mentioned, shall publish any their determinations above mentioned

until the same shall be first by writing notified to the Queen's Majesty

or to her privy council, and by her Majesty or her privy council shall

be liked and allowed.

Provided also, that the Queen's Majesty, her heirs and successors, shall

have and receive by the customers and officers of her ports for the

custom or poundage of every quarter of wheat to be transported by force

of this statute, twelve pence, and of every quarter of any other grain,

eight pence, and of every quarter of wheat that shall be by any special

licence hereafter to be granted transported out of the realm, and not by

force of this statute, two shillings, and of every quarter of other

grain, sixteen pence, notwithstanding any manner of words that shall be

contained or inserted in any licences to the contrary; which said

several sums, so to be had or taken as custom or poundage, to be in full

satisfaction of all manner of custom or poundage for the said corn or

grain by any constitution, order, statute, law or custom heretofore

made, used, or taken for transporting of any such manner of corn or

grain.

Provided also and be it enacted by the authority of this present

parliament, that the Queen's Majesty, her heirs and successors, may at

all times by her writ of proclamation to be published generally in the

whole realm, or in the counties of this realm where any port towns are,

command that no person shall by virtue of this act transport or carry

out any manner of grain to any parts out of her dominions, either

generally out of any port in the realm, or particularly out of any

special ports to be in the same proclamation named; and that it shall

not be lawful for any person to carry out any such grain contrary to the

tenor of the same proclamation, upon such pains as by the laws of the

realm are and have been provided.

11. INSTRUCTIONS FOR AN ENGLISH FACTOR IN TURKEY [_Hakluyt. The

Principal Voyages of the English Nation_], 1582.

... And for that of many things that tend to the common benefit of the

State, some tend more and some less, I find that no one thing, after one

another, is greater than clothing, and the things incident to the same.

And understanding that you are of right good capacity, and become a

factor at Constantinople, and in other parts of Turkey, I find no man

fitter of all the English factors there than you. And therefore I am so

bold to put you in mind and to tell you wherein with some endeavour you

may chance to do your country much good, and give an infinite sort of

the poor people occasion to pray for you here throughout the realm. This

that I mean is in matter of cloth, etc.

1. First, you cannot deny but that this realm yieldeth the most fine

wool, the most soft, the most strong wool, the most durable in cloth,

and most apt of nature of all others to receive dye, and that no island

or any one kingdom so small doth yield so great abundance of the

same....

2. There is no commodity of this realm that may set so many poor

subjects on work, as this doth, that doth bring in so much treasure, and

so much enrich the merchant, and so much employ the navy of this realm,

as this commodity of our wool doth.

Ample and full vent of this noble and rich commodity is it that the

commonweal of this realm doth require.

Spain now aboundeth with wool, and the same are clothed. Turkey hath

wools, and so have divers provinces of Christendom and of heatheners,

and cloth is made of the same in divers places.

1. But if England have the most fine and the most excellent wools of the

world in all respects (as it cannot be denied but it hath). 2. If there

may be added to the same excellent artificial, and true making, and

excellent dyeing. 3. Then no doubt but that we shall have vent for our

cloths, though the rest of the world did abound much more with wool than

it doth....

But if foreign nations turn their wools, inferior to ours, into truer

and more excellent made cloth, and shall dye the same in truer, surer,

and more excellent and more delectable colours, then shall they sell

and make ample vent of their cloths, when the English cloth of better

wool shall rest unsold, to the spoil of the merchant, of the clothier,

and of the breeder of the wool, and to the turning to bag and wallet of

the infinite number of the poor people employed in clothing in several

degrees of labour here in England.

Which things weighed, I am to tell you what things I wish you in this

realm, and after in Turkey, to endeavour from time to time, as your

leisure may permit the same.

Before you out of the realm, that you learn:

1. To know wool, all kinds of cloth made in this realm, and all other

employments of wool, home or foreign.... All the deceits in clothmaking

... The faults in weaving. The faults in walking, rowing, burling, and

in racking the cloth above measure upon the tenters....

2. Then to learn of the dyers to discern all kinds of colours, as which

be good and sure, and which will not hold; which be fair, and which

not....

3. Then to take the names of all the materials and substances used in

this city or in the realm in dyeing of cloth or silk....

4. These things superficially learned in the realm before you go, you

are fitter in foreign parts to serve your country....

What you shall do in Turkey, besides the business of your factorship.

1. Forasmuch as it is reported that the woollen cloths dyed in Turkey be

most excellently dyed, you shall send home unto this realm certain ...

pieces of shred, to be brought to the Dyers' Hall, there to be shewed,

partly to remove out of their heads the too great opinion they have

conceived of their own cunning, and partly to move them for shame to

endeavour to learn more knowledge, to the honour of their country of

England and to the universal benefit of the realm.

2. You shall devise to amend the dyeing of England, by carrying hence an

apt young man brought up in the art, or by bringing one or other from

thence of skill, or rather to devise to bring one for silks, and another

for wool and for woollen cloth....

3. Then to learn to know all the materials and substances that the Turks

use in dyeing, be they of herbs, simple or compound, be they plants,

barks, wood, berries, seeds, grains, or mineral matter....

5. And in any wise, if anile that coloureth blue be a natural commodity

of those parts, and if it be compounded of an herb, to send the same

into this realm by seed, or by root in barrel of earth, with all the

whole order of sowing, setting, planting, replanting, and with the

compounding of the same, that it may become a natural commodity in this

realm, as woad is, to this end, that the high price of foreign woad

(which devoureth yearly great treasure) may be brought down....

8. The wools being natural, and excellent colours for dyeing by this

means here also natural, in all the art of clothing then we want but one

only special thing. For in this so temperate a climate our people may

labour the year throughout ... and the people of this realm by the great

and blessed abundance of victual are cheaply fed, and therefore may

afford their labour cheap. And where the clothiers in Flanders, by the

flatness of their rivers, cannot make water-mills for their cloths, but

are forced to dress and thicken all their cloths by the foot and by the

labour of men, whereby their cloths are raised to an higher price, we in

England have in all shires store of mills upon falling rivers.... Then

we have also, for scouring our cloths, earths and clays.... Then also

have we some reasonable store of alum and copperas here, made for

dyeing.... Then we have many good waters apt for dyeing, and people to

spin and to do the rest of all the labours we want not. So as there

wanteth, if colours might be brought in and made natural, but only oil;

the want whereof if any man could devise to supply at the full with

anything that might become natural in this realm, he, whatsoever he were

that could bring it about, might deserve immortal fame in this our

commonwealth....

10. And if you shall find that they make any cloth of any kind not made

in this realm, that is there of great use, then to bring of the same

into this realm some "mowsters,"[309] that our people may fall into the

trade, and prepare the same for Turkey. For the more kinds of cloth we

can devise to make, the more ample vent of our commodity we shall have,

and the more sale of the labour of our poor subjects that else for lack

of labour become idle and burdenous to the commonweal, and hurtful to

many. And in England we are in our clothing trade to frame ourselves

according to the desires of foreign nations, be it that they desire

thick or thin, broad or narrow, long or short, white or black.

11. But with this proviso always, that our cloth pass out with as much

labour of our people as may be, wherein great consideration ought to be

had. For (if vent might so admit), as it were the greatest madness in

the world for us to vent our wool not clothed, so were it madness to

vent our wool in part or on the whole turned into broad cloth, if we

might vent the same in kersies; for there is a great difference to our

people between the clothing of a sack of wool in the one and the like

sack of wool in the other, of which I wish the merchant of England to

have a great care as he may for the universal benefit of the poor; and

the turning of a sack of wool into bonnets is better than both, etc. And

also not to carry out of the realm any cloth white, but dyed, if it may

be, that the subjects of this realm may take as much benefit as is

possible, and rather to seek the vent of the cloths dyed with the

natural colours of England than such as be dyed with foreign colours.

Thus giving you occasion, by way of a little remembrance, to have desire

to do your country good, you shall, if you have any inclination to such

good, do more good to the poor ready to starve for relief than ever any

subject did in this realm by building of almshouses, and by giving of

lands and goods to the relief of the poor. Thus may you help to drive

idleness, the mother of most mischief, out of the realm, and win you

perpetual fame, and the prayer of the poor, which is more worth than all

the gold of Peru and of all the West Indies.

[Footnote 309: _i.e._ Samples.]

12. THE ADVANTAGES OF COLONIES [_A True Report of the late Discoveries

and Possession Taken in the Right of the Crown of England of the

Newfound Lands by ... Sir Humfrey Gilbert_[310]; _Hakluyt's Principal

Voyages of the English Nation_], 1583.

... The fourth chapter sheweth how that the trade, traffic, and planting

in these countries is likely to prove very profitable to the whole realm

in general.

Now to show how the same is likely to prove very profitable and

beneficial generally to the whole realm. It is very certain that the

greatest jewel of this realm, and the chiefest strength and force of the

same, for defence or offence in martial matter and manner, is the

multitude of ships, masters, and mariners ready to assist the most

stately and royal navy of her Majesty, which by reason of this voyage

shall have both increase and maintenance. And it is well known that in

sundry places of this realm ships have been built and set forth of late

days for the trade of fishing only; yet, notwithstanding, the fish which

is taken and brought into England by the English navy of fishermen will

not suffice for the expense of this realm four months, if there were

none else brought of strangers. And the chiefest cause why our English

men do not go so far westerly as the especial fishing places do lie,

both for plenty and greatness of fish, is for that they have no succour

and known safe harbour in those parts. But if our nation were once

planted there or thereabouts, whereas they now fish but for two months

in the year, they might then fish for so long as pleased themselves ...

which being brought to pass shall increase the number of our ships and

mariners.

Moreover, it is well known that all savages ... will take marvellous

delight in any garment, be it never so simple, as a shirt, a blue,

yellow, red, or green cotton cassock, a cap, or such like, and will take

incredible pains for such a trifle, ... which being so, what vent for

our English cloths will thereby ensue, and how great benefit to all such

persons and artificers, whose names are quoted in the margin, I leave to

such as are discreet....

To what end need I endeavour myself by arguments to prove that by this

voyage our navy and navigation shall be enlarged, when as there needeth

none other reason than the manifest and late example of the near

neighbours to this realm, the Kings of Spain and Portugal, who, since

the first discovery of the Indies, have not only mightily enlarged their

dominions, greatly enriched themselves and their subjects, but have

also, by just account, trebled the number of their ships, masters and

mariners, a matter of no small moment and importance?

Besides this, it will prove a general benefit unto our country, that,

through this occasion, not only a great number of men which do now live

idly at home, and are burdenous, chargeable, and unprofitable to this

realm, shall hereby be set on work, but also children of twelve or

fourteen years of age, or under, may be kept from idleness, in making of

a thousand kinds of trifling things, which will be good merchandise for

that country. And, moreover, our idle women (which the realm may well

spare) shall also be employed on plucking, drying, and sorting of

feathers, in pulling, beating, and working of hemp, and in gathering of

cotton, and divers things right necessary for dyeing. All which things

are to be found in those countries most plentifully. And the men may

employ themselves in dragging for pearl, working for mines, and in

matters of husbandry, and likewise in hunting the whale for trane, and

making casks to put the same in, besides in fishing for cod, salmon and

herring, drying, salting and barrelling the same, and felling of trees,

hewing and sawing of them, and such like work, meet for those persons

that are no men of art or science.

Many other things may be found to the great relief and good employment

of no small number of the natural subjects of this realm, which do now

live here idly, to the common annoy of the whole State. Neither may I

here omit the great hope and likelihood of a passage beyond the Grand

Bay into the South Seas, confirmed by sundry authors to be found leading

to Cataia, the Moluccas and Spiceries, whereby may ensue as general a

benefit to the realm, or greater than yet hath been spoken of, without

either such charges or other inconveniences, as, by the tedious tract of

time and peril, which the ordinary passage to those parts at this day

doth minister....

I must now, according to my promise, show forth some probable reasons

that the adventurers in this journey are to take particular profit by

the same. It is, therefore, convenient that I do divide the adventurers

into two sorts, the noblemen and gentlemen by themselves, and the

merchants by themselves. For, as I do hear, it is meant that there shall

be one society of the noblemen and gentlemen, and another society of the

merchants; and yet not so divided, but that each society may freely and

frankly trade and traffic one with the other.

And first to bend my speech to the noblemen and gentlemen, who do

chiefly seek a temperate climate, wholesome air, fertile soil, and a

strong place by nature whereupon they may fortify, and there either

plant themselves or such other persons as they shall think good to send

to be lords of that place and country:--To them I say that all these

things are very easy to be found within the degrees of 30 and 60

aforesaid, either by south or north, both in the continent and in

islands thereunto adjoining, at their choice ... and in the whole tract

of that land, by the description of as many as have been there, great

plenty of mineral matter of all sorts, and in very many places both

stones of price, pearl and chrystal, and great store of beasts, birds,

and fowls, both for pleasure and necessary use of man are to be

found....

And now for the better contemplation and satisfaction of such

worshipful, honest-minded and well-disposed merchants as have a desire

to the furtherance of every good and commendable action, I will first

say unto them, as I have done before to the noblemen and gentlemen, that

within the degrees aforesaid is doubtless to be found the most wholesome

and best temperature of air, fertility of soil, and every other

commodity or merchandise, for the which, with no small peril, we do

travel into Barbary, Spain, Portugal, France, Italy, Muscovy and

Eastland, and yet, to the end my argument shall not altogether stand

upon likelihoods and presumptions, I say that such persons as have

discovered and travelled those parts do testify that they have found in

those countries all these things following, namely:--[a list of beasts,

birds, fishes, trees, minerals, etc.] ...

Now for the trial hereof, considering that in the articles of the

society of the adventurers in this voyage there is provision made that

no adventurer shall be bound to any further charge than his first

adventure, and notwithstanding keep still to himself, his children, his

apprentices and servants, his and their freedom for trade and traffic,

which is a privilege that adventurers in other voyages have not; and in

the said articles it is likewise provided that none other than such as

have adventured in the first voyage, or shall become adventurers in this

supply, at any time hereafter are to be admitted in the said society,

but as redemptionaries, which will be very chargeable; therefore,

generally, I say unto all such, according to the old proverb. "Nothing

venture, nothing have" ...

The sixth chapter sheweth that the traffic and planting in those

countries shall be unto the savages themselves very beneficial and

gainful....

... First and chiefly, in respect of the most happy and gladsome tidings

of the most glorious gospel of our Saviour Jesus Christ, whereby they

may be brought from falsehood to truth, from darkness to light, from the

highway of death to the path of life, from superstitious idolatry to

sincere Christianity, from the devil to Christ, from hell to heaven. And

if in respect of all the commodities they can yield us (were they many

more) that they should but receive but this only benefit of

Christianity, they were more than fully recompensed.

But hereunto it may be objected that the Gospel must be freely preached,

for such was the example of the apostles.... Yet for answer we may say

with St. Paul: If we have sown unto you heavenly things, do you think it

much that we should reap your carnal things? And withal, The workman is

worthy of his hire. These heavenly tidings which those labourers our

countrymen (as messengers of God's great goodness and mercy) will

voluntarily present unto them, do far exceed their earthly riches....

[Footnote 310: Gilbert was drowned in the "Squirrel" on September 9th,

1583. The above document purports to have been written after the return

of the "Golden Hind," but before the loss of the "Squirrel" was

certainly known.]

13. LORD BURGHLEY TO SIR CHRISTOPHER HATTON ON THE STATE OF TRADE [_Sir

H. Nicholas, Memoirs of Sir Christopher Hatton, pp. 470-2_], 1587.

TO THE LORD CHANCELLOR.

My Lord,

I am sorry that my pains are such as I cannot attend on you to-day in

the Star Chamber, having yesterday, by more zeal of service in the

Exchequer Chamber than of regard to my harms, so weakened and pained my

leg, as I cannot stir it out of my bed; but this my declaration of my

state is to no purpose to occupy your Lordship withal. This great matter

of the lack of vent, not only of clothes, which presently is the

greatest, but of all other English commodities which are restrained from

Spain, Portugal, Barbary, France, Flanders, Hamburgh, and the States,

cannot but in process of time work a great change and dangerous issue to

the people of the realm, who, heretofore, in time of outward peace,

lived thereby, and without it must either perish for want, or fall into

violence to feed and fill their lewd appetites with open spoils of

others, which is the fruit of rebellion; but it is in vain to remember

this to your Lordship, that is so notorious as there need no repetition

thereof. The evil being seen and like daily to increase beyond all good

remedies, it is our duties that are Councillors to think of some

remedies in time, before the same become remediless; and briefly the

best means of remedy must follow the consideration of the causes of this

evil, and so _contrariis contraria curare_. The original cause is

apparently the contentions and enmities betwixt the King of Spain and

his countries, and her Majesty and her countries. The reduction hereof

to amity betwixt the Princes, and to open traffic according to the

ancient treaties of intercourse, would be the sovereign remedy; but this

may be wished sooner than speedily effectuated. But yet, seeing there is

a signification notified of the good inclination of both the Princes,

and a great necessity to press them both thereto for the suagement of

their people, it were pity any course should be taken either to hinder

this or not to hasten it, which surely in the Low Countries would be

done, with whatsoever a reasonable cost may be, to keep the enemy from

victuals, and to withstand his enterprises against our friends until

this next harvest; and by this proceeding against him, there is no doubt

but he will yield to all reasonable conditions meet both for her Majesty

and her protected friends; otherwise, if the good fortune of our friends

do decay, and the enemy recover that which he now lacketh, that is store

of victuals, he will either underhand make peace with our friends, whom

he shall find both weak and timorous, and leave her Majesty in danger

for recovery of all that she hath spent, and in greater charges to

maintain her two cautionary towns against the whole Low Countries than

two Boulognes were, or else he will, being puffed with pride, make a

very Spanish conquest of Holland and Zealand,--a matter terrible to be

thought of, but most terrible to be felt. But to insist upon this remedy

is as yet in vain, and therefore such other poor helps are to be thought

of as may somewhat mitigate the accidents present, and stay the increase

thereof, whereof when I do bethink myself, I find no one simple remedy,

but rather compounded of divers simples, and to say truly they are but

simple remedies, until peace may ensue, which is the sovereign sole

medicine of all. To have vent increase, there must be more buyers and

shippers than there are, and seeing our merchants say that they cannot

have sales sufficient,

1. It were good that the Steelyard men were licensed to trade as they

were wont to do, with condition upon good bonds that our merchants

adventurers shall have their former liberties in Hamburgh;

2. These Steelyard merchants must also have a dispensation to carry a

competent number of unwrought cloths that are coarse, which are the

cloths whereof the great stay is in the Realm.

3. Beside this, the merchant strangers might have a like dispensation

for the buying and shipping of a competent number of like white coarse

cloths.

4. And if her Majesty, for some reasonable time, would abate only 2s.

upon a cloth, I think there would grow no loss to her Majesty, having

respect to the multitude of the cloths that should be carried, whereas

now the strangers carry few, but upon licences, for which her Majesty

hath no strangers' customs, but English.

5. The strangers also must have liberty to buy in Blackwell Hall, or

else there may be a staple set up in Westminster, out of the liberties

of the City of London, which, rather than London would suffer, I think

they will grant liberty to strangers in respect to the hallage money

which they shall lease. Notwithstanding all these shows of remedies, I

could wish that our merchants adventurers were made acquainted herewith,

and to be warned, that if they shall not amend the prices to clothiers

for their coarse cloths, whereby the clothiers may be reasonably

apparent gainers, and that to be put in practice this next week, that

then her Majesty will give authority to put the former helps in

practice. Thus, my good Lord, because I understand you are to go to the

Court this afternoon, I have thought good to scribble, as I do (lying in

pain) these few cogitations, submitting them to a more mature

disquisition.

Your Lordship's most assured,

W. BURGHLEY.

14. A LIST OF PATENTS AND MONOPOLIES [_Lodge. Illustrations of British

History, Vol. III, pp.. 159,[311] ff._]

33. Eliz.--A grant to Reynold Hopton only, and no other, to make

flasks, touch-boxes, powder-boxes, and bullet-boxes, for 15 years.

34 Eliz.--A grant to Simon Farmer and John Craford only, and no other,

to transport list shreds of woollen cloth, and all manner of horns, for

21 years.

35 Eliz.--A grant to Bryan Annesley, solely, and no other, to buy and

provide steel beyond sea and sell the same within this realm for 21

years.

36 Eliz.--A grant to Robert Alexander only, and no other, to buy and

bring in anise-seeds, sumach, etc., for 21 years.

39 Eliz.--A grant to John Spillman only, and no other, to buy linen

rags, and to make paper.

40 Eliz.--A grant to Ede Schetts, and his assignees only, and no other,

to buy and transport ashes and old shoes for 7 years.

36 Eliz.--A grant to [_blank_] only, and no other, to provide and bring

in all Spanish wools for making of felt hats, for 20 years.

34 Eliz.--A grant that Sir Jerome Bowes, and no other, shall make

glasses for 12 years.

42 Eliz.--A grant made to Harding and others only, concerning saltpeter.

41 Eliz.--A grant that Brigham and Wimmes shall only have the

pre-emption of tin.

Other Monopolies for one man only and no other--

To register all writings and assurances between merchants, called

policies.

To make spangles.

To print the Psalms of David.

To print Cornelius Tacitus.

To sow woad in certain numbers of shires.

To print grammars, primers, and other school books.

To print the law.

To print all manner of songs in parts.

To make mathematical instruments.

To plainish and hollow silver vessels.

That one man and no other shall make writs of _subpoena_ in Chancery,

Sir Thomas George.

To write all writs of supplication and _supersedeas_ for the peace and

good behaviour, and all pardons of outlawry, George Carew.

To draw leases in possession made by the King, Sir Edward Stafford.

To engross all leases by the great seal.

Licenses and Dispensations to one man only, of the Penalty of Penal

Laws, and Power given to license others--

[18] Eliz.--A license to Sir Edward Dyer, to pardon and dispense with

tanning of leather, contrary to the statute of 5 Eliz., and to license

any man to be a tanner.

30 Eliz.--A patent to Sir Walter Raleigh, to make licenses for keeping

of taverns and retailing of wines throughout England.

31 Eliz.--The grant to John Ashley and Thomas Windebank, to have all

forfeitures and penalties for burning of timber trees to make iron,

contrary to the statute of 1 Eliz.

36 Eliz.--A license to Roger Bineon, and others, to take the whole

forfeiture of the statute of 5th and 6th of Edw. VI, for pulling down

gig-mills.

37 Eliz.--A license to William Smith only, and no others, to take the

benefit of the statute of 5 Eliz. for gashing of hides, and barking of

trees.

38 Eliz.--A license to Thomas Cornwallis only, and no other, to make

grants and licenses for keeping of gaming-houses, and using of unlawful

games, contrary to the statute of 33 Henry VIII.

39 Eliz.--A license to William Carre, for nine years, to authorize and

license any person to brew beer to be transported beyond sea.

40 Eliz.--A license to Richard Coningsby, to give license for buying of

tin throughout England.

41 Eliz.--A license to Richard Carnithen only, to bring in Irish yarn

for seven years.

_Impositions._

41 Eliz.--A grant to Bevis Bulmer to have an imposition of sea-coal,

paying £6,200 rent for 21 years.

36 Eliz.--A grant made to John Parker, Esq., to have twelve-pence for

filing of every bill in Chancery in respect whereof the subject is to be

discharged of payment of anything of search.

41 Eliz.--A license to trade the Levant Seas with currants only, paying

£4,000 per annum.

Particular licenses to transport certain numbers of pelts of sheep-skins

and lambskins.

Certain numbers of woollen cloths.

Certain numbers of dickers of calf-skins.

_New Inventions._

Only and no other, so as they were never used in England before.

To inn and drain [_blank_] grounds.

To take water fowl.

To make devices of safe-keeping of corn.

To make a device for soldiers to carry necessary provisions.

[Footnote 311: Quoted, _English Patents of Monopoly_, Appendix c, W.H.

Price, 1603.]

15. INSTRUCTIONS TOUCHING THE BILL FOR FREE TRADE [_Journals of the

House of Commons, Vol. I, p. 218_], 1604.

The Committees from the House of the Commons sat five whole afternoons

upon these Bills; there was a great concourse of clothiers and

merchants, of all parts of the realm, and especially of London; who were

so divided, as that all the clothiers, and, in effect, all the merchants

of England, complained grievously of the engrossing and restraint of

trade by the rich merchants of London, as being to the undoing, or great

hindrance, of all the rest; and of London merchants, three parts joined

in the same complaint against a fourth part; and of that fourth part,

some standing stiffly for their own company, yet repined at other

companies. Divers writings and informations were exhibited on both

parts; learned Counsel was heard for the Bill, and divers of the

principal Aldermen of London against it; all reasons exactly weighed and

examined; the Bill, together with the reasons on both sides, was

returned and reported by the Committees to the House; where, at the

third reading, it was three several days debated, and in the end passed

with great consent and applause of the House (as being for the exceeding

benefit of all the land) scarce forty voices dissenting from it.

The most weighty reasons for the enlargement of trade were these:

_Natural Right._--All free subjects are born inheritable, as to their

land, so also to the free exercise of their industry in those trades,

whereto they apply themselves and whereby they are to live. Merchandize

being the chief and richest of all other, and of greater extent and

importance than all the rest, it is against the natural right and

liberty of the subjects of England to restrain it into the hands of some

few, as now it is; for although there may be now some five or six

thousand persons, counting children and prentices, free of the several

Companies of the Merchants, in the whole; yet apparent it is, that the

Governors of these Companies, by their monopolizing orders, have so

handled the matter, as that the mass of the whole trade of all the realm

is in the hands of some two hundred persons at the most, the rest

serving for a shew only, and reaping small benefit.

_Judgement of Parliament._--The law stands for it; and a law made 12th

of Henry the Seventh, never repealed by Parliament, only restrained

since by charters, unduly, or by untrue suggestions, procured (by which

means all other monopolies have had their original) and the first of

those charters since the making of that statute (which was purchased in

the end of the reign of Henry the Seventh, at what time Empson and

Dudley were instruments of so much wronging and oppressing the people)

yet doth in no wise restrain this liberty of free trade, but expressly

allow it (with a reverence unto that very act in the 12th of this reign)

and so continued till the reign of Queen Elizabeth.

_Examples of Nations._--The example of all other nations generally in

the world, who avoid in themselves, and hate in us, this monopolizing

way of traffic; for it cannot be otherwise counted than a monopoly, when

so large a commodity is restrained into the hands of so few in

proportion, to the prejudice of all other who by law and natural right

might have interest therein. And whereas some allege that there are like

Companies in other countries, as of the East Indies in Lesbone, the

House of Contraction there, the Fontego at Venice, the Travesana at

Noremberg, these allegations are either untrue or unproper. There are

places of assembly for merchants, and to consult for good orders in all

other countries, but without restraint of trading from any man; and how

traffic, by this freedom, doth flourish in other countries, and

principally in the Low Countries, far more than in ours, is apparent to

all the world.

_Wealth._--The increase of the wealth generally of all the land by the

ready vent of all the commodities to the merchants at higher rate; for

where many buyers are, ware grows dearer; and they that buy dear at

home, must sell dear abroad: this also will make our people more

industrious.

_Equal Distribution._--The more equal distribution of the wealth of the

land, which is a great stability and strength to the realm, even as the

equal distributing of the nourishment in a man's body; the contrary

whereof is inconvenient in all estates, and oftentimes breaks out into

mischief, when too much fullness doth puff up some by presumption, and

too much emptiness leaves the rest in perpetual discontent, the mother

of desire of innovations and troubles: and this is the proper fruit of

monopolies. Example may be in London, and the rest of the realm: The

custom and impost of London come to a hundred and ten thousand pound a

year, and of the rest of the whole realm but to seventeen thousand

pound.

_Strength._--The increase of shipping, and especially of mariners, in

all ports in England. How greatly the mariners of the realm have decayed

in all places of latter times, and with how great danger of the state in

these late wars, is known to them who have been employed in that kind of

service; who do also attribute the cause thereof to this restraint of

trade; free traffic being the breeder and maintainer of ships and

mariners, as by memorable example in the Low Countries may be seen.

_Profit of the Crown._--The increase of custom and subsidy to the King,

which doth necessarily follow the increase of foreign traffic and

wealth. And they which say otherwise, will dare to say anything. These

reasons are in great part set down in the Act of the 12th of Henry

VIIth; other particular reasons there are, which this present time doth

not yield.

_Opportunity Abroad._--Under our gracious Salamon, a Prince of wisdom

and peace, we are like to be in league or amity with all nations;

whereby, as there will be greater freedom abroad to trade to all places,

so fit to have greater at home for all persons to trade. This alteration

of times may make that fit now, which in times of hostility might have

seemed unfit.

_Necessity at Home._--And as there will be greater opportunity abroad,

so also much greater necessity at home; for what else shall become of

gentlemen's younger sons, who cannot live by arms when there is no wars,

and learning preferments are common to all and mean? So that nothing

remains fit for them, save only merchandize (and such is the use of

other politic nations) unless they turn serving men, which is a poor

inheritance.

The general reasons to continue the restraint of trade, and the answer

to them, were these:

_Imputation of the State._--It is a taint to the King and State, that

these restrained companies should be called or counted monopolies; and

by this Act we insist and strengthen the complaint of the Haven Towns

and other nations against the State for suffering such companies.

_Answer._--The same reason doth justify all the monopolies that ever

were. It is no touch to the State if abuses creep in, but if

reformation, desired by parliament, be denied. But surely this taint

doth no ways attaint his Majesty, who hath declared himself a just enemy

to all these unjust monopolies.

_Not Monopolies._--These Companies are not monopolies; for a monopoly

is, when liberty of selling, due to all men by right, is restrained to

one, with prejudice of all others.

_Answer._--The name of monopoly, though taken originally for personal

unity, yet is fitly extended to all improportionable paucity of the

sellers in regard of the ware which is sold. If ten men had the only

sale of all the horses in England, this were a monopoly; much more the

Company of Merchant Adventurers, which, in effect not above two hundred,

have the managing of the two third parts of the clothing of this realm,

which might well maintain many thousand merchants more. And with how

great prejudice this is sundry ways to all the land, let example

suffice; let the cry of all the clothiers of England testify, and the

utter overthrow of infinite poor persons, which live by them and their

works. For the clothiers having no utterance of their cloth but to the

merchant adventurers, they, by complot among themselves, will buy but at

what time, what quality, and what price themselves list; whereby the

clothiers are fain often to return with loss, to lay their cloths to

pawn, to slack their trade, to the utter ruin of their poor workmen,

with their wives and children.

_Keeping up our Commodities._--These Companies keep up the price of our

commodities abroad, by avoiding an over-glut of our commodities in

places whereto they trade. And this experience doth witness; for our

cloth is of late years much dearer than in former times; whereas

contrarywise, when trade is free, many sellers will make ware cheap and

of less estimation.

_Answer._--It is true that all monopolies keep up their commodities for

their own private lucre; but they do it unjustly, and to the discontent

of all other men; which hath been the cause of so many edicts of the

Empire against the Company of Merchant Adventurers, which hath driven

them so often to shift their marts; and is the cause, that our merchants

are so generally hated, no other nation Christian either using or

enduring such restrained Companies in matter of merchandizes. Howbeit

both by reason and experience we may conjecture that there is no greater

[_blank_] that if trade be made free, our commodities will much abate

their price abroad; for the merchants must first buy their commodities

at home; and where many buyers are, wares will grow dearer; and buying

dear at home, he must sell dear abroad. For it is not true that there

will be a greater glut of our commodities in foreign parts; the sellers

will be more, but the wares sold will be much the same, especially in

those principal commodities, which grow out of the land. It is the store

of the merchandize, not the multitude of merchants, which doth make

things cheaper. Besides, when trade is free, it is likely that many

young men will seek out new places, and trade further for great benefit;

whereby the glut in the former places will be less.

The weakness of their argument of experience is plain; for not cloth

only, but all other things in the world are risen greatly in price; and

in France, where there is no Companies, our kerseys are sold at

exceeding good price, and as dear, in proportion, as broad cloths by the

Merchant Adventurers. But if it were so, that they kept up our

commodities abroad, so do they, by the same skill, foreign commodities

at home: so a few rich men do gain by their out-going, and the whole

land doth lose much more by their return. They say that they gain little

by return of foreign commodities. There lieth a mystery, for it is true,

and will be avowed upon certain knowledge, that upon the arrival of the

Merchant Adventurers' fleet, the commodities, on the other side, are

ordinarily raised at least twenty in the hundred; for so do they quit

one wrong with another. But hereby the loss still falls heavy on the

subject, who is damnified now again in the commodities returned, as he

was before in the engrossing of those which were issued.

_Venting all Now._--The Companies that now are, do vent all the

commodities of the land, and yet are they hardly able to live one by

another.

_Answer._--It is not all vented, which the land might spare; and that by

reason of the courses held by these Companies, to their own excessive

gain, and certain loss of all other men: besides, when traffic shall

flourish with us, as doth in other countries, where trade is free, and

namely in the Low Countries, who thereby have supported the huge charge

of their long wars, things merchantable will increase daily by this

encouragement to the subjects' industry, even as there they do; for

natural commodities are more than trebled by access of art and industry;

and howsoever, yet the division of wealth will be more equal; for now,

by the plotting of the governor of these Companies, some few overgrown

men devour the wealth, and make merry, whilst the rest, even of their

own Companies, do want and weep.

_Prenticeship Necessary._--This Act makes it lawful to become merchants

without prenticeship; which is an injury to them which have served, and

hurt to them that serve not; who, venturing unskilfully, shall be sure

of loss.

_Answer._--The loss of new merchants, it may be, is as much the desire,

as fear of the objectors; but they that have served, have their skill

for their labour; and they that serve not, must be at charge of a

factor, or join with their friends, and learn skill by them; or at least

wise men adventure their stocks with other men, after the fashion of the

Low Countries, and other places, where trade doth flourish. By the same

reason young gentlemen might be kept from their lands, for want of skill

to govern them.

_Dissolving Companies._--This Act, by enlarging the Companies, and

giving free access to all men, doth in effect dissolve them; for hardly

are they able to govern those that are in already; and where government

faileth, there will be certain confusion.

_Answer._--This Act dissolveth no Company, taketh away no good

government. Those orders in Companies, which tend to monopoly, it

abrogateth: orders for necessary contribution to public charges it

establisheth; the rest it leaves as it found them, neither in worse

state, nor better. It is weakness to say, that a greater multitude

cannot be governed; for so neither Kings in their Dominions and

subjects, nor cities in their amplitude should increase. If for matter

of merchandize there were no such government at all, nor more than there

is for our merchants in France, or hath been at Stade, for divers years

past, or than there is in the Low Countries, where are the best

merchants in the world; yet provident men would consult and join

together in that which were for their common benefit, ease, and safety.

Such Companies there are in other countries, but no such monopolies as

ours are.

_Joint Stock Necessary._--This Act is against trading in a joint stock

together, which in long and dangerous voyages (as to Musco, and

especially the East Indies) is necessary; for in that voyage one alone

will not adventure; besides the merchants must keep some port there

amongst the infidels.

_Answer._--It is true that it is fit to trade to the East Indies with a

joint stock, and so do the Hollanders; this Act therefore doth not

forbid men to trade in a joint stock, if they list, and see it fit; only

forbiddeth to constrain men to trade so against their wills; which

heretofore in other trades, and at this day in the Muscovie trade, doth

turn to the great damage both of the Commonwealth and of the particular

persons so constrained to trade. The Muscovie Company, consisting of

eight score, or thereabouts, have fifteen directors, who manage the

whole trade; these limit to every man the proportion of stock which he

shall trade for, make one purse and stock of all, and consign it into

the hands of one agent at Musco, and so again, at their return, to one

agent at London, who sell all, and give such account as they please.

This is a strong and a shameful monopoly--a monopoly in a monopoly--both

abroad and at home. A whole Company, by this means, is become as one

man, who alone hath the uttering of all the commodities of so great a

country. The inconveniences, which have ensued thereof, are three

apparent.

First, by this means they vent less of our commodities; for, by reason

of the one agent, they vent all through his hands; by which means the

Hollanders have come in between us; who, trading thither in several with

our own English commodities (which are most proper for that country)

utter much more than our own merchants, and make quicker return; which

has occasioned many Englishmen to join in trade with the Hollanders, to

the detriment of the King's Majesty in his customs. And by this means

that trade is like utterly to decay; for the Hollanders have grown in

short time from two ships to above twenty; this spring they are gone to

Muscovie with near thirty ships, and our men but with seven. The like

fell out in the Turkie Company, when they constrained men to a joint

stock; since the breaking of which combination, there go four ships for

one.

Secondly, in their return with Muscovie commodities, they greatly

prejudice the Commonwealth and State. Example in cordage, which they

bring home in such scarcity, and sell so dearly, as that they have

raised it in short time from twenty to thirty shillings; yea, to sell

their ware dear, they have contracted with the buyer not to bring any

more of that commodity within three years after.

Thirdly, this is hurtful to all the young merchants of their own

Company, who cannot forbear their stock so long as now they do, and

desire to employ their own industry in managing it, and having

oftentimes been all damnified by the breaking of that general factor.

_Public Charges._--In divers places, as namely, in Turkey and Muscovy,

the merchants are at charge of sending presents, maintaining

ambassadors, consuls, and agents, which are otherwise also necessary for

the service of his Majesty, and of the State; these charges are now

defrayed by these Companies.

_Answer._--This matter is expressly provided for by this Act, that all

that trade to those places shall be contributory to those charges.

_The New Merchants will give over._--The like attempt for free trade was

in Anno 1588, at what time liberty being given to all men to buy cloths

at Westminster, the Merchant Adventurers gave over to trade at all;

whereby the cloth of the land lying on the clothier's hands, they were

forced, by petition, to get the former restraint restored.

_Answer._--This is true, and the same mischief were likely to ensue

again; for it is said, that the same policy is now in speech in their

Company. But the times being well altered from war to peace, this

mischief would be but short, and other merchants soon grow to take their

places, if they should, as (being rich) they may, forsake them. But it

were to be trusted that this stomachness, being to their own loss, would

not long continue. Howsoever, it doth not stand with the dignity of

parliament either to fear or favour the frowardness of any subject.

_The Rich will eat out the Poor._--If poor merchants should trade

together with the rich, the rich beyond the seas would buy out the poor,

being not able to sell at the instant, to make themselves savers; and so

there would grow a monopoly _ex facto_.

_Answer._--This reason sheweth thus much, that a crafty head, with a

greedy heart, and a rich purse, is able to take advantage of the need of

his neighbour (which no man doubteth of); but if the difficulties and

dishonesties should deter men from action, and not rather increase their

diligence and wariness, then should there be no trading at all in any

sort.

_Strangers will eat out the English._--If all men may be merchants, the

sons of strangers denized will, in time, eat out the natural merchants

of this kingdom.

_Answer._--If the sons of strangers become natural English, why should

they not [have] a subject's part? And more they cannot reap. If any

further mischief should grow, it might at all times by a new Act be

easily remedied.

_All Men may go out of the Realm._--If trade be free for all men, then

all may become merchants, and under that pretext any may go out of the

realm; which will be good news for the papists.

_Answer._--This conceit is weak; for so it may be said that all men may

become mariners, and so quit the kingdom; and it is provided by express

words of the bill that they may not go out of the realm but for their

present traffic.

_Against London._--This Act is against London, and the wealth thereof,

which is necessary to be upheld, being the head city of the kingdom.

_Answer._--Nay, it is for London, unless we will confine London into

some two hundred men's purses; the rest of the City of London, together

with the whole realm, sue mainly for this bill; and they cry, they are

undone, if it should be crossed.

_Hurt to the King's Customs._--It will be prejudicial to the King's

customs, who in other parts will easier be deceived than here in London.

_Answer._--Nothing can be more clear than that if transport and return

of merchandize will increase by this Act, also the King's customs, which

depend thereon, must withal increase: And if this Bill may pass, if the

King be pleased to let his custom to farm, to give 5,000l. a year more

than, _communibus annis_, hath been made these last years. The deceiving

of the King is now, when, for want of this freedom, men are enforced to

purchase the vent of their commodities out of creeks, because they

cannot be admitted to public trade; whereas otherwise they should have

no reason to hazard their whole estate, for the saving of so reasonable

a duty. As for faults in officers, they may as well happen in London, as

in any other place.

_Decay of Great Ships._--During freedom of trade, small ships would be

employed to vent our commodities, and so our great ships, being the

guard of the land, would decay.

It is war, more than traffic that maintaineth great ships; and

therefore, if any decay grow, it will be chiefly by peace, which the

wisdom of the State will have a regard of; but for as much depends of

traffic, no doubt the number of smaller ships will grow by this freedom,

and especially mariners, whereof the want is greatest, and of whom the

smallest vessels are the proper nurseries. But that the great ships will

decay, doth not necessarily follow; for the main trade of all the white

cloth, and much of other kind, is shipped from the Port of London, and

will be still, it being the fittest Port of the kingdom for Germanie and

the Low Countries, where the Merchant Adventurers' trade only lieth; who

shall have little cause to alter their shipping. Then the Levent Sea,

Muscovy, and East Indies, whither we trade with great ships, the

employing of them will be still requisite in the merchants' discretion;

for otherwise both the commodity of the returned will be less, and the

adventure too great in so rich lading not to provide for more than

ordinary assurance against the common hazard at sea.

Other particular reasons there are, for restraint of trade in favour of

certain Company.

_Merchant Adventurers._--The Company of Merchant Adventurers is very

ancient, and they have heretofore been great credit to the Kings, for

borrowing money in the Low Countries and Germany.

_Answer._--The Company indeed is as ancient as Thomas of Beckett, their

founder, and may still continue. Their restraining of others, which this

Bill doth seek to redress, is not so ancient, and was so disallowed by

parliament in the twelfth year of Henry the seventh; which Act stands

impeached by particular charter, but never by consent of the realm

repealed. But in truth this Company, being the spring of all monopolies,

and engrossing the grand staple commodities of cloth into so few men's

hands, deserves least favour. The credit of the King hath been in the

cloth (not in their persons) which will be as much hereafter, as

heretofore.

_Muscovy Company._--The Muscovy Company, by reason of the chargeable

invention of that trade two and fifty years since, and their often great

loss, was established by Act of Parliament in the eighth year of Queen

Elizabeth.

_Answer._--The chargeable invention hath been a reason worthy of respect

thirty or forty years ago, when the inventors were living, and their

charge not recompensed by counter-vailable gain; which since it hath

been their loss, hath been their own fault, in employing one factor, who

hath abused them all. Private Acts for favour, when the cause thereof is

ceased, are often revoked. Howbeit this Bill dissolveth no Company, only

enlargeth them, and abrogateth their unjust orders for monopolies.

_An Argument Unanswerable._--Another argument there is, not to be

answered by reason, but by their integrity and love of their country,

who shall be assaulted with it. In sum, the Bill is a good Bill, though

not in all points, perhaps, so perfect as it might be; which defects may

be soon remedied and supplied in future parliament.

* * * * *

Sir Edward Sandys proceeded in the report, and delivered in the two

Bills for free trade; the first (being the principal Bill) with

amendments; which were twice read; and the Bill, upon question, ordered

to be ingrossed.

16. THE ESTABLISHMENT OF A COMPANY TO EXPORT DYED AND DRESSED CLOTH, IN

PLACE OF THE MERCHANT ADVENTURERS[312] [_Pat. Rolls, 13 James I, p. 2_],

1616-17.

James by the Grace of God, etc.:

We have often and in divers manners expressed ourselves ... what an

earnest desire and constant resolution we have that, as the reducing of

wools into clothing was the act of our noble Progenitor King Edward the

Third, so the reducing of the trade of white cloths, which is but an

imperfect thing towards the wealth and good of this our Kingdom, unto

the trade of cloths dyed and dressed, might be the work of our time,

To which purpose we did first invite the ancient Company of Merchant

Adventurers to undertake the same, who upon allegation or pretence of

impossibility refused.

Whereupon nevertheless not discouraged but determined to maintain our

princely resolution against impediments and difficulties in a work so

excellent, We did find means to draw and procure divers persons of good

quality within our City of London and elsewhere with great alacrity and

commendable zeal to give a beginning to this our purpose,

In respect whereof, for that above all things We were to take a princely

care that between the cessation of the old trade and the inception and

settling of the new there should not be any stand of cloth nor failing

or deadness in the vent thereof, whereby the work which is so good for

the future might prove dangerous in the entrance thereof, we were

inforced to grant several licences under our Great Seal unto the said

persons for a trade of whites to be temporary and in the interim until

this work by due and seasonable degrees without inconvenience of

precipitation might be happily accomplished, giving them likewise some

powers of assembling, keeping of Courts and the like, but yet without

any actual incorporation of them,

But notwithstanding, having evermore in contemplation our first end, We

have still provoked and urged on the said persons unto whom the trade is

now transferred to some certainty of offer and undertaking concerning a

proportion of cloths dressed and dyed to be annually exported, and the

same proportion to increase and multiply in such sort as may be a

fruitful beginning of so good a work and also an assured pledge of the

continuation thereof in due time.

Whereupon the said persons or new Company have before the Lords of our

Privy Council absolutely condescended and agreed at a Court holden the

seventeenth day of June one thousand six hundred and fifteen, that

thirty-six thousand cloths shall be dressed and dyed out of such cloths

white as were formerly used to be shipped out by the old Company

undressed and undyed....

... And did further promise and profess with all cheerfulness to proceed

as it shall please God to give ability and the trade encouragement to

the settling of the whole trade of cloths dressed and dyed, which is the

end desired.

Wherefore We, in our princely judgement foreseeing that as long as the

said new Company shall remain not incorporated it doth much weaken both

the endeavour and expectation which belongeth to this work, as if it

were a thing but only in deliberation and agitation and not fully and

thoroughly established, have thought it now a fit time to extend our

princely grace unto them for their incorporation and to indue and invest

them with such liberties and privileges as the old Company formerly had,

with such additions and augmentations as the merit of concurrence to so

good an end may require, with this, nevertheless, that because the

nature of the present liberties and privileges must of necessity differ

from those which shall be fit and requisite when the whole trade shall

be overcome and settled, there be therefore a power in Us to revoke or

alter the same.

Know ye therefore that We ... by these presents have given, granted and

confirmed, and for Us our heirs and successors do give, grant and

confirm, unto our right trusty and right well beloved Cousin and

Counsellor Thomas, Earl of Suffolk, Lord High Treasurer of England [and

others named], and to every of them, and to all and every such person

and persons whatsoever our loving subjects as shall, between this and

the feast of St. Michael the Archangel next ensuing come in, subscribe,

and be admitted of their Society, That they and every of them, their and

every of their sons and apprentices according to the constitutions and

ordinances hereafter by the Company to be made and presented, shall be

one Fellowship and Commonalty and one body corporate and politic in

deed and in name, by the name of Governor, Assistants, and Fellowship of

the King's Merchants Adventurers of the New Trade of London.

[Power to have common seal, etc.]: [There shall be one Governor, William

Cokayne, Alderman of our City of London, to be the first and present

Governor, to continue till June 24 next] and from thence until the said

William Cokayne or some other of the said Fellowship or Company shall in

due manner be chosen and sworn to the said office according to the

ordinances and provisions hereafter in these presents expressed and

declared, if he the said William Cokayne shall so long live:

[And further] there shall be from henceforth for ever hereafter one or

more, not exceeding the number of six, of the said Company or Fellowship

to be elected and chosen, which shall be called the Deputy or Deputies

of the said Company or Fellowship: ...

And furthermore We for Us, our heirs and successors, do by these

presents grant and confirm to the said [Fellowship] and their successors

that it shall and may be lawful to and for them and every of them, and

their successors for ever, hereafter to trade, traffic, and occupy and

use the trade and feat of merchandise unto, from and with the Town of

Callice in the Realm of France and the marches thereof, and into, from

and with all and every the countries of Holland, Zeland, Brabant,

Flaunders, West Frizeland and all other the countries nigh thereunto

adjoining heretofore under the obeisance of the Dukes of Burgundy, or

into East Frizeland and Hamborough and the Territories of the same, and

into from and with the countries of Germany and all the Territories,

Provinces, Cities and Towns thereof with all manner of woollen cloths,

kersies, wares, commodities and merchandises whatsoever not prohibited,

without any let contradiction or interruption of Us, our heirs or

successors, or of any other person or persons whatsoever:

And our will and pleasure is, and We do hereby for Us, our heirs and

successors, grant and confirm unto the said [Fellowship &c.], that the

said Governor or Deputy and the said Assistants or the more part of them

for the time being, being at least thirteen, shall from henceforth for

ever have, use and exercise full jurisdiction, power and authority

lawfully to rule and govern the same Company or Fellowship and their

successors, and all and every merchants and members of the same, in all

their private causes, suits, quarrels, misdemeanours, offences and

complaints among them touching the said trade, as well here in England

as beyond the seas in Callice and the marches thereof, and also in the

Countries and Towns of Holland [etc. Germany, etc., as above] rising,

moved and to be moved....

And moreover We ... do by these presents grant unto the said

[Fellowship, etc.] that the said Governor, Deputy and Assistants, or

thirteen of them at the least, and their successors for the time being

from time to time and at all times from henceforth, shall and may enact,

establish, allow and confirm, and also revoke, disannul and repeal all

and every act and acts, laws, and ordinances heretofore had or made by

the said [Fellowship, etc.] or by what name or names or additions

soever, and also shall and may from henceforth from time to time and at

all times hereafter for ever enact, make, ordain and establish acts,

laws, constitutions and ordinances [for the good government of the

Fellowship] and of every merchant and peculiar member of the same

Fellowship or body corporate [and also of all our subjects]

intermeddling exercising or using the feat or trade of the said

[Fellowship] by any means, as well here in England as in the said

countries towns and places beyond the seas, so that the said acts laws

[etc.] be not hurtful to any the rights of our Crown, honour, dignity

royal or prerogative, or to the diminution of the common weal of this

our Realm or contrary to any our laws and statutes.... And that the said

[Fellowship, or thirteen as aforesaid] shall and may take order with

every the subject or subjects of Us our heirs and successors, not being

of the said Company and trading or haunting the said countries or places

beyond the seas or any of them for merchandise, and compel every of them

by fines, forfeitures, penalties, imprisonments or otherwise to obey,

hold and perform all such orders, acts and ordinances that hereafter

shall be ordained, made, allowed or confirmed by the said [Fellowship or

majority as above] for the good government, rule, order and condition of

the said subject or subjects, so as the state of the said Company be not

by them impeached or hindered but by all means and ways maintained and

continued. And that all such forfeitures fines [etc.] so as aforesaid to

be levied and taken shall be for evermore to the use and behoof of the

said [Fellowship, etc.]

... And also We will, and for Us, our heirs and successors, by these

presents do grant to the said [Fellowship] that the said [Fellowship or

a majority, thirteen at least, as above] shall have full and whole power

and authority to impose and lay, and also to take and levy, all

reasonable impositions and sums of money whatsoever as well upon all

persons trading into the said countries as also upon the merchandise to

be transported and carried into the countries, towns, provinces and

territories before rehearsed or any of them either by water or land....

And, for the better encouragement of the said Company or Fellowship ...

We do hereby for Us our heirs and successors straitly charge and command

all and singular the customers, comptrollers, searchers, surveyors,

waiters and all others the officers and ministers of Us our heirs and

successors for the time being in all every or any of our ports, havens,

creeks and the members of the same within our Realms and Dominions ...

that they and every of them ... shall not at any time or times hereafter

wilfully permit or suffer any of the subjects of Us our heirs or

successors or any aliens denizens or strangers to freight, lade or ship

out in any ship, crayer, lighter or other vessel whatsoever any goods

wares or merchandises whatsoever (being native commodities of this

Realm) for any of the said territories, countries and towns

before-mentioned wherein the said [Fellowship etc.] according to the

intent of these presents are to trade and traffic, but such goods, wares

and merchandises only whose entries shall be subscribed and allowed by

the Governor or Deputy of the said Company for the time being by bill or

writing subscribed with his or their hand or hands, or such other person

or persons as by the said Governor or Company shall be thereunto named

and appointed, and in such ship or ships or other vessel or vessels only

as shall be named in such bills or writings....

And for the better encouragement of the said [Fellowship] to proceed in

exportation of cloths dressed and dyed here in this our Realm, which

will tend so much to the common weal of the same, and which by the said

Company or Fellowship cannot as yet in such full manner be perfected as

that they can have sufficient vent for the said dressed and dyed cloths

in foreign parts without a temporary liberty to export cloths white,

until by continuance of time they shall be further enabled and

encouraged, We do by these presents ... give and grant unto the said

[Fellowship etc.] full and free liberty, licence, power, privilege,

authority and immunity that they or any of them, by themselves or by

their or any of their servants, factors or agents, at their or any of

their liberties and pleasures yearly and every year shall and may

provide and buy, or cause to be provided and bought, within this our

Realm of England and other our Dominions for their or any of their

proper use or uses the number of thirty thousand woollen cloths unrowed

unbarbed and unshorn and not fully and ready dressed and wrought, of

which said number of thirty thousand cloths yearly five and twenty

thousand shall be every cloth above the value or price of six pounds of

lawful money of England, and the number of five thousand cloths residue

of the said yearly number of thirty thousand cloths uncoloured or white

above the value or price of four pounds of lawful money of England, or

of any higher or greater prices whatsoever, ... and the same from this

our Realm of England into the towns of Callice and the marches thereof

in the Realm of France and into the countries and towns of Holland

[etc., as above] to transport, send, convey, ship and carry over or

cause to be transported, sent, shipped, conveyed and carried over there

to be by them unladen, discharged, vented, sold ... or otherwise

disposed ... and from thence to freight, lade, ship, return, import and

bring back into this our said Kingdom or into any part thereof all such

wares, commodities, goods and merchandises already not prohibited as to

them or any of them their servants, factors or agents shall seem good,

paying to Us our heirs and successors our duties and customs due and to

be paid for the same, and further paying unto our trusty and

well-beloved Cousin the Earl of Cumberland, his executors or assigns,

for every white unwrought or undressed woollen cloth so to be by them or

any of them shipped or transported out of this Realm under the warrant

of his present licence over and above the said thirty thousand cloths

two shillings and eight pence....

And our will and pleasure is, and We do hereby declare our Royal intent

and meaning to be, and the said [Fellowship, etc.] do covenant, promise

and agree to and with Us our heirs and successors by these presents,

that they and their successors shall from time to time and at all times

do their utmost endeavours that after the end and expiration of the

said three years ensuing, during which the proportion of thirty-six

thousand cloths are undertaken to be exported as is before in these

presents expressed, that their trade of exporting and merchandising into

the foresaid countries, provinces, towns and places aforesaid of woollen

cloths may be wholly reduced unto the venting of such cloths only as

shall be dyed and dressed here within this our Realm and other our

Dominions, so far forth as it shall please God to give them and their

successors ability and the trade encouragement, anything in these

presents contained to the contrary notwithstanding: ...

... Provided also that these our Letters Patents or any matter or thing

therein contained shall not extend to give authority or power to the

said [Fellowship of the King's Merchants, etc.] or to any member or

person of the said Company to transport or carry out of the realm any

cloths, kersies, wares, commodities or merchandises whatsoever, which by

the laws and statutes of this Realm are restrained or prohibited to be

transported or carried over the seas, otherwise than according to the

true intent and meaning of these presents, unless they shall obtain and

procure licence for the same.

[Footnote 312: Printed in the publications of the Selden Society, Vol.

28, pp. 78-98.]

17. SIR JULIUS CAESAR'S PROPOSALS FOR REVIVING THE TRADE IN CLOTHS

[_Lansdowne MSS._,[313] _clii. 56, f. 271_], 1616.

Means to avoid the present stand of cloth--

(1) Commissioners honest and substantial and sufficient for skill to be

presently appointed for the view of the cloth weekly to Blackwell Hall,

and the faulty cloth to be returned upon the clothier with imprisonment

till he put in security to answer it in the law; and the good to be

justly valued, according to the usual prices for these two years past,

and the new Merchant Adventurers enforced to buy the same.

(2) So many of the new Merchant Adventurers as shall refuse to lay out

for cloth such sums as they have subscribed for to be presently

committed, to abide the censure of the Star Chamber for abusing of his

Majesty and the State in so desperate and dangerous a case as this is.

(3) The fines of them to be employed in the buying of cloth for the

riddance of the market.

(4) So many in London as are thought worth 10,000l. to be moved by my

Lord Mayor to buy up clothes for 1,000l. at the least; especially all

woollen drapers of half that worth, viz., 5,000l.

(5) Express commandment and present example of King's Counsellors and

Courtiers and all their servants to wear nothing but broad cloth in

their gowns, cloaks, girths, robes or breeches till Easter next, to the

end that woollen drapers may be encouraged to buy the cloth made or to

be made before that day; or else on pain of imprisonment not to come

into Court....

(10) And if it be doubtful whether these proceedings agree with law, the

answer is that they do, for the law giveth place to parlous cases of

State and leaveth them to be provided for by the wisdom of the King and

his Counsellors; and _Salus reipublicæ suprema lex est_, which is a

sufficient answer to all cavillers and peevish lawyers.

[Footnote 313: Quoted, Unwin, _Industrial Organization in the Sixteenth

and Seventeenth Centuries_, pp. 192-3.]

18. THE GRANT OF A MONOPOLY FOR THE MANUFACTURE OF SOAP [_W.H. Price,

The English Patents of Monopoly, Appendix W._], 1623.

James, by the grace of God, etc., to all to whom these presents shall

come, greeting.

Whereas We, by our letters patents ... did give and grant unto our

well-beloved subjects Roger Jones and Andrew Palmer, their executors,

administrators, and assigns, full and free liberty, license, power,

privilege, and authority that they, ... and none other, by themselves,

their deputies, servants, factors, or workmen, should or might at all

and every time and times thereafter, and from time to time, during the

term of twenty and one years next ensuing the date of the said letters

patents, ... use, exercise, practice, and put in use ... the mistery,

art, way, means, and trade of "making of hard soap with the material

called barilla, and without the use of any fire in the boiling and

making thereof, and also of the making of soft soap without the use of

fire in the boiling thereof," with such privileges and clauses as in

said letters patents are contained and may more at large appear: And

whereas since the granting of the said letters patents the said Roger

Jones and Andrew Palmer, and such others, their assistants, as by great

expense and travail have aided and assisted them in perfecting the said

invention, have found out and added to their former invention many

particulars conducing much to the profitableness and perfection of the

work, both in the use of native and home commodities of this kingdom in

the working and composition of the said soaps, and thereby in sparing

and saving many thousands yearly which are now expended on foreign

commodities bought and brought from beyond the seas, and employed here

in the making of soap, in the manner now ordinarily used; ... Forasmuch

as such profitable inventions are not at once and at the first brought

to their full perfection, We hold it fit in justice and honour to give

all encouragement to such our loving subjects as shall employ their

travails, industries, and purses to the furthering of the common good,

and to reward them to the full with the fruits of their own labours; and

forasmuch also as the said Roger Jones and Andrew Palmer have now

approved their inventions and skill to be such as deserveth

encouragement, their soap, made (_blank_) the material of our kingdom

only, being found to be as sweet and good as the best soft soap now

already made, and to extend further in the use thereof, as they in the

behalf of themselves and their assistants have also made offer unto us

to respect our own particular profit, in such measure as that the loss

we may receive in our customs and other duties by the not importing of

foreign commodities for the making of soap as in former times, shall by

their industries be recommended unto us, our heirs, and successors, in

certainty with good advantage; and our loving subjects, who have long

complained of the bad and stinking soap now ordinarily in use, shall

have good, sweet, and serviceable soap for their money, and yet shall

not have the price thereof raised upon them above the usual rate of the

best sweet soap now made and sold by the soap-boilers.

Know ye, that We, for the considerations aforesaid, of our especial

grace, certain knowledge, and mere motion, have given and granted, and

by these presents, for us, our heirs and successors, do give and grant

unto the said Roger Jones and Andrew Palmer on the behalf of themselves

and their assistants, full and free liberty, license, power, privilege

and authority that they, the said Roger Jones and Andrew Palmer, their

executors, administrators, and assigns, by themselves or their deputies,

servants, factors, or workmen, and none other, shall and may at all and

every time and times hereafter, and from time to time during the term of

twenty and one years next ensuing the date of these presents, at their

own proper costs and charges, use, exercise, practice, and put in use,

within our said realms of England and Ireland and dominion of Wales, and

our town of Berwick, at their liberty and pleasure, the mistery, art,

way and means of making of hard soap and soft soap, as well with the

materials and in such manner as in the said former letters patents are

expressed, as also of burning and preparing of bean-straw, pea-straw,

kelp, fern, and other vegetables to be found in our own dominions, into

ordinary ashes or into potashes, and with the said materials of the

ashes of bean or pea straw, and kelp, fern, and all other vegetables

whatsoever not formerly and ordinarily used or practised within these

our realms and dominions to make soap hard or soft, at their will and

pleasure, and in such way or form as they have invented or devised; and

also of the using of the assay glass for trying of their lye and making

of hard and soft soap by their said new inventions, in the way of making

of the said soaps by sundry motions, and not boiling of the same with

the expense of much fuel, in such sort as was formerly accustomed by

such as now usually make soap in and about our city of London and

elsewhere in our said dominions; ... and to the end that this our

pleasure may be the better effected, and the said Roger Jones and Andrew

Palmer may the more fully enjoy the benefit of this our grant, We will,

and for us, our heirs and successors, do straightly charge, inhibit, and

command, and do also of our especial grace, certain knowledge, and mere

motion, for us, our heirs and successors, grant to the said Roger Jones

and Andrew Palmer, their executors, administrators, and assigns, that no

person or persons whatsoever born within any our realms or dominions,

nor any other person or persons whatsoever, either denizens or strangers

born in any foreign realm or country whatsoever, of what estate, degree,

or condition soever he or they be or shall be, other than the said Roger

Jones and Andrew Palmer, their executors, administrators, and assigns or

such as shall by them or some of them be set on work or authorised,

shall or may, at any time or times during the said term of one and

twenty years hereby granted or mentioned, or intended to be granted,

practice, use, exercise, or put in use the said mistery, art, way,

means, or trade of making the said hard or soft soaps with any the

materials aforesaid, ... And to the end it may the better appear when

any such soap shall be made contrary to the true intent and meaning of

these presents, for us, our heirs, and successors, give and grant full

liberty, power, and authority unto the said Roger Jones and Andrew

Palmer, their executors, administrators, and assigns, that a stamp or

stamps, seal or seals, to be engraven with a rose and crown, shall be

stamped, sealed, or marked on all the soaps by them or any of them to be

made in manner and form before declared, the better to distinguish their

said soap from all counterfeit soap, either hard or soft, made or to be

made by any person or persons contrary to the true intent and meaning of

these presents or of the letters patents before recited, which seal or

stamp so to be made as aforesaid We do by these presents will and

command be set upon the hard soap, and upon the firkins, barrels, and

other vessels containing the said soft soap so to be made, and shall not

be set upon soaps hard or soft made by any other person or persons

whatsoever contrary to the true intent of these presents, but shall be

set and fixed only upon such soap as shall be from time to time made by

the said Roger Jones and Andrew Palmer, their executors, administrators,

or assigns, according as is herein before setdown, and no other; and

further, We do by these presents grant that it shall and may be lawful

to and for the said Roger Jones and Andrew Palmer, their executors,

administrators, or assigns, or any of them, by himself or themselves, or

by his, their, or any of their deputies, factors, or servants, at any

time or times convenient, and from time to time during the said term of

one and twenty years, with assistance of a constable or some other

officer, to enter into all and every place and places, house and houses,

where they or any of them shall have any just cause to suspect any such

hard soap or soft soap, or soap-ashes, or potashes, to be made or

endeavoured to be made or stamped or sealed, or to be sold or uttered or

set to sale, contrary to the true intent and meaning of these presents

or of the letters patents before recited, or any vessels, engines, or

instruments to be erected, framed, or used contrary to the true meaning

hereof, ... and finding any such, to seize the hard soaps and soft

soaps, and potashes, and other ashes hereby granted so made to the use

of us, our heirs, and successors: ... And forasmuch as the public having

an interest herein, which by the enhancing of the prices of the

commodities aforesaid may be prejudiced and damnified, our will and

pleasure is, and we do hereby straightly charge and command, that they

the said Roger Jones and Andrew Palmer, their executors, administrators,

and assigns, or any other person or persons by them to be authorised for

the making of the said hard soap or soft soap, shall not, at any time

during the said term of one and twenty years, sell, or cause to be sold,

the said hard soap or soft soap, by them or any of them to be made as

aforesaid, at any higher or dearer rates and prices than hard soap and

soft soap of the best sorts and kinds were most usually sold for, within

the space of seven years now last past before the date of these

presents. And further, We do hereby charge and command all and singular

justices of peace, mayors, sheriffs, constables, headboroughs,

comptrollers, customers, searchers, waiters, and all other officers and

ministers to whom it shall or may appertain, to be aiding and assisting

in all lawful and convenient manner unto the said Roger Jones and Andrew

Palmer, their executors, administrators, deputies, and assigns, in the

due execution of these our letters patents, as they tender our pleasure

and will avoid our indignation and displeasure in the contrary....

19. THE STATUTE OF MONOPOLIES [_21 James I, c. 3, Statutes of the Realm,

Vol. IV, Part. II, pp. 1212-14_], 1623-4.

Forasmuch as your most excellent Majesty, ..., did, in the year of our

Lord God one thousand six hundred and ten, publish in print to the whole

realm and to all posterity, that all grants of monopolies and of the

benefit of any penal laws, or of power to dispense with the law, or to

compound for the forfeiture, are contrary to your Majesty's laws ...;

and whereas your Majesty was further graciously pleased expressly to

command that no suitor should presume to move your Majesty for matters

of that nature: yet nevertheless upon misinformations and untrue

pretences of public good, many such grants have been unduly obtained

and unlawfully put in execution, ...; for avoiding whereof and

preventing of all the like in time to come, may it please your Majesty,

at the humble suit of the Lords Spiritual and Temporal and the Commons

in this present Parliament, that all monopolies and all commissions,

grants, licenses, charters, and letters patents heretofore made or

granted to any person or persons, bodies politic or corporate

whatsoever, of or for the sole buying, selling, making, working, or

using of anything within this realm or the dominion of Wales ... are

altogether contrary to the laws of this realm, and so are and shall be

utterly void and of none effect, and in no wise to be put in use or

execution.

II. And be it further declared and enacted by the authority aforesaid

that all monopolies and all such commissions, grants, licenses,

charters, letters patents, proclamations, inhibitions, restraints,

warrants of assistance, and all other matters and things tending as

aforesaid and the force and validity of them and every of them ought to

be, and shall be forever hereafter examined, heard, tried, and

determined by and according to the common law of this realm and not

otherwise.

III. And be it further enacted by the authority aforesaid that all

person and persons, bodies politic and corporate whatsoever, which now

are or hereafter shall be, shall stand and be disabled and incapable to

have, use, exercise, or put in use any monopoly or any such commission,

grant, license, charters, letters patents, proclamations, inhibition,

restraint, warrant of assistance, or other matter or thing tending as

aforesaid, or any liberty, power, or faculty grounded or pretended to be

grounded upon them or any of them.

IV. [Persons aggrieved by monopolists to recover at Common Law treble

the damages incurred.]

V. Provided nevertheless, and be it declared and enacted that any

declaration before mentioned shall not extend to any letters patents,

and grants of privilege, for the term of one and twenty years or under,

heretofore made of the sole working or making of any manner of new

manufacture within this realm, to the first and true inventor or

inventors of such manufactures which others at the time of making of

such letters patent and grants did not use, so they be not contrary to

the law nor mischievous to the state, by raising of the prices of

commodities at home, or hurt of trade, or generally inconvenient, but

that the same shall be of such force as they were or should be if this

act had not been made, and of none other: and if the same were made for

more than one and twenty years, that then the same for the term of one

and twenty years only, to be accounted from the date of the first

letters patents and grants thereof made, shall be of such force as they

were or should have been if the same had been made but for the term of

one and twenty years only, and as if this act had never been had or

made, and of none other.

VI. Provided also, and be it declared and enacted, that any declaration

before mentioned shall not extend to any letters patents and grants of

privileges for the term of fourteen years or under, hereafter to be made

of the sole working or making of any manner of new manufactures within

this realm, to the true and first inventor and inventors of such

manufactures which others at the time of making such letters patents and

grants shall not use, so as also they be not contrary to the law nor

mischievous to the state, by raising prices of commodities at home, or

hurt of trade, or generally inconvenient, the said fourteen years to be

accounted from the date of the first letters patents or grants of such

privilege hereafter to be made, but that the same shall be of such force

as they should be if this act had never been made and of none other.

VII. [This Act not to be prejudicial to grants conferred by Act of

Parliament.]

VIII. [This Act not to extend to warrants directed to judges to compound

for forfeitures under penal statutes.]

IX. Provided also, and it is hereby further intended, declared, and

enacted that this act or anything therein contained shall not in any

wise extend or be prejudicial unto the city of London, or to any city,

borough, or town corporate within this realm, for or concerning any

grants, charters, or letters patents to them or any of them made or

granted, or for or concerning any custom or customs used by or within

them or any of them or unto any corporations, companies, or fellowships

of any art, trade, occupation, or mistery, or to any companies or

societies of merchants within this realm, erected for the maintenance,

enlargement, or ordering of any trade of merchandise, but that the same

charters, customs, corporations, companies, fellowships and societies,

and their liberties, privileges, powers and immunities shall be and

continue of such force and effect as they were before the making of

this act, and of none other: anything before in this act contained to

the contrary in any wise notwithstanding.

X. [This Act not to extend to grants relating to printing, the

manufacture of saltpetre or gunpowder, the casting of ordnance or shot,

or to offices other than those created by royal proclamation.]

XI. [This Act not to extend to grants relating to alum or alum-mines.]

XII. [This Act not to extend to the fellowship of the Host-men of

Newcastle-upon-Tyne, or to grants or commissions relating to the

licensing of taverns.]

XIII. [This Act not to extend to any grant or privilege concerning the

manufacture of glass given to Sir Robert Mansell, or to a grant for the

transportation of calf-skins made to James Maxwell.]

XIV. [This Act not to extend to a grant concerning the making of smalt

made to Abraham Baker, nor to a grant concerning the melting and casting

of iron ore made to Edward, Lord Dudley.]

20. AN ACT FOR THE FREE TRADE OF WELSH CLOTHES,[314] [_2 James I, c. 9,

Statutes of the Realm, Vol. IV, Part II, pp. 1218-19_], 1623-4.

Whereas the trade of making of Welsh clothes, friezes, linings and

plains within the principality and dominion of Wales, is and hath been

of long continuance, in the using and exercising whereof many thousands

of the poorer sort of the inhabitants there in precedent ages have been

set on work in spinning, carding, weaving, fulling, cottoning and

shearing, whereby they (having free liberty to sell them to whom and

where they would) not only relieved and maintained themselves and their

families in good sort, but also grew to such wealth and means of living

as they were thereby enabled to pay and discharge all duties, mizes,

charges, subsidies and taxations which were upon them imposed or rated

in their several counties, parishes and places wherein they dwelled, for

the relief of the poor, and the service of the King and the

commonwealth; and whereas also the drapers of the town of Shrewsbury, in

the county of Salop, have of late obtained some orders of restraint,

whereby the inhabitants of Wales find themselves much prejudiced in the

freedom of their markets for buying and selling of their clothes, to

their great damage, as was verified by the general voice of the knights

and burgesses of the twelve shires of Wales and of the county of

Monmouth: for remedy whereof, be it declared and enacted by the King's

most excellent Majesty, the Lords Spiritual and Temporal, and Commons in

this present parliament assembled, and by the authority of the same,

that it shall and may be lawful to and for all and every his Majesty's

subjects inhabiting or dwelling, or which at any time shall inhabit or

dwell within the said dominion of Wales, or any part thereof, freely to

sell by way of barter or otherwise, all or any their Welsh clothes,

cottons, friezes, linings or plains, at their wills and pleasures, to

any person or persons who lawfully by the laws and statutes of this

realm may buy the same; and that it shall and may also be lawful for any

person and persons who by the laws or statutes of this realm may

lawfully buy such clothes, and other the premises, freely to buy the

same of any person or persons inhabiting or dwelling, or which hereafter

shall inhabit or dwell, within the said dominion of Wales: any charter,

grant, act, order or any thing else heretofore made or done, or

hereafter to be made or done, to the contrary notwithstanding.

And be it further enacted by the authority aforesaid, that it shall and

may be lawful to and for any person or persons using or which shall use

the trade of merchandize, to transport into any the parts beyond the

seas any of the said Welsh clothes, cottons, friezes, linings and

plains, out of any ports or havens within this realm of England or

dominion of Wales, or out of any the members thereof, where his majesty,

his heirs or successors, have or shall then have officers attending to

search, view and control the same, and to receive the King's Majesty's

customs and other duties due and payable for the same; so as always the

customs and other duties payable for such clothes and other premises so

to be transported, shall be justly and duly paid for the same; and so as

always the said Welsh clothes, cottons, friezes, linings and plains,

before the transporting thereof, shall be fulled, cottoned and sheared

as in former times they have used to be; and that no person shall

transport the said clothes in other manner than as aforesaid, upon pain

to forfeit the whole value of such clothes so to be transported contrary

to the true meaning of this act....

Provided always, that this act or anything therein contained, shall not

give power or authority to any foreigner or foreigners to buy and sell

by way of retail any the said Welsh clothes, cottons, friezes, linings

or plains within the town of Shrewsbury, or in any other corporate town

or privileged place, contrary to any lawful charter, grant, custom,

privilege or liberty in the same town or place now being or used.

[Footnote 314: This Act should be read in connection with the Statute of

Monopolies (No. 19) and with the Instructions touching the Bill for Free

Trade (No. 15), as representing the ideas of parliament as to the

desirability of Free Trade within the country.]

21. THE ECONOMIC POLICY OF STRAFFORD IN IRELAND [_Knowler, Letters and

Despatches of Thomas Wentworth, Earl of Strafford, Vol. II, pp. 19, 20,

Letters of Strafford to the Master of the Rolls, July 25, 1636_], 1636.

The last of my generals was that of trade, which I discoursed in this

manner; I let them see how the merchants trading thither had been

spoiled by the pirates before my coming, as well in his Majesty's

harbours, as at sea, a ship fired in the port of Dublin, in sight of His

Majesty's Castle, and there continued burning, and the pirate lading and

returning from the ship two days together to the mighty scandal of the

State; that the shipping for want of money came so late in the year,

that all the mischief was done before they came, which commonly was not

before the latter end of July, but that now the monies duly answered

unto the Exchequer here, the ships had been for these two last years

upon the coast by the beginning of March, five or six of the

_Biscayners_ taken within the Channel, imprisoned, and after released

upon their promise not to exercise any hostility hereafter within the

Channel; a great ship of the Duke of _Macqueda_ taken on the west coast,

and thereby so discouraged them, that the merchant hath not lost

anything since my arrival there, nor were so much as heard of a

_Biscayner_ these last two summers. This hath been a means that Trade

hath increased exceedingly, and so will still (if we have peace), to the

honour of his Majesty, and the enriching of his people.

That the trade here was not only much greater, but rightly conditioned,

the native commodities exported being in value at least a third, if not

double, the value to the foreign commodities imported; a certain sign

that the Commonwealth gathers upon their neighbours.

That there was little or no manufacture amongst them, but some small

beginnings towards a clothing trade, which I had and so should still

discourage all I could, unless otherwise directed by his Majesty and

their lordships, in regard it would trench not only upon the clothings

of England, being our staple commodity, so as if they should manufacture

their own wools, which grew to very great quantities, we should not only

lose the profit we made now by indraping their wools, but his Majesty

lose extremely by his customs, and, in conclusion, it might be feared

they would beat us out of the trade itself, by underselling us, which

they were well able to do. Besides in reasons of State so long as they

did not indrape their own wools, they must of necessity fetch their

clothing from us, and consequently in a sort depend upon us for their

livelihood, and thereby become so dependent upon this Crown as they

could not depart from us without nakedness to themselves and children.

Yet have I endeavoured another way to set them on work, and that is by

bringing in the making and trade of linen cloth, the rather in regard

the women are all naturally bred to spinning, that the Irish earth is

apt for bearing of flax, and that this manufacture would be in the

conclusion rather a benefit than other to this Kingdom. I have therefore

sent for the flax seed into Holland, being of a better sort than we have

any, sown this year a thousand pounds worth of it (finding by some I sew

the last year, that it takes there very well), I have sent for workmen

out of the Low Countries and forth of France, and set up already six or

seven looms, which, if please God to bless us this year, I trust so to

invite them to follow it, when they see the great profit arising

thereby, as that they shall generally take to it and employ themselves

that way, which if they do I am confident it will prove a mighty

business, considering that in all probability we shall be able to

undersell the linen cloths of Holland and France at least twenty in the

hundred.

My humble advice in the conclusion for the increase of trade was, that

his Majesty should not suffer any act of hostility to be offered to any

merchants or their goods within the Channel, which was to be preserved

and privileged, as the greatest of his Majesty's ports, in the same

nature and property as the Venetian State do their Gulf, and the King

of Denmark his Sound, and therefore I humbly besought his Majesty and

their lordships that it might accordingly be remembered and provided for

in all future treaties with foreign princes.

Upon the summing up of all which, I did represent that Kingdom to his

Majesty and the lords as a growing people that would increase beyond all

expectation if it were now a little favoured in this their first spring,

and not discouraged by harder usage than either English or Scotch found.

The instances I gave were the imposition upon coals, wherein the Irish

were not treated as English, but as foreigners, by imposing four

shillings upon a tun, which was full as much as either French or Dutch

paid; next, that excessive rate set upon a horse or mare to be

transported forth of this Kingdom, so as I did not know how the army

should be provided for the King's service, there not being in that

Kingdom of their own breed to furnish those occasions; and lastly

eighteenpence set upon every live beast that comes thence, all which

will be a great discouragement for any to transplant themselves and

children into a country where they shall presently be dealt withal as

aliens, be denied the favours and the graces afforded to other subjects,

and utterly quell and cut off any increase of trade by nipping it and

overburdening it thus in the bud.

22. REVOCATION OF COMMISSIONS, PATENTS AND MONOPOLIES GRANTED BY THE

CROWN [_Soc. Ant. Proc. Coll._,[315] _April 15, 1639_].

Whereas divers grants, licenses, privileges, and commissions have been

procured from his Majesty,.., which since upon experience hath been

found prejudicial and inconvenient to his people, contrary to his

Majesty's gracious intention in granting the same; And whereas also upon

like suggestions, there hath been obtained from his Majesty, the lords

and others of his Privy Council, divers warrants and letters of

assistance for the execution of those grants, licenses, privileges, and

commissions according to his Majesty's good intention and meaning

therein.

Forasmuch as his most excellent Majesty (whose royal ear and providence

is ever intent on the public good of his people) doth now discern that

the particular grants, licenses, and commissions hereafter expressed,

have been found in consequence far from those grounds and reasons

wherefore they were founded, and in their execution have been

notoriously abused, he is now pleased of his mere grace and favour to

all his loving subjects (with the advice of his Privy Council) by his

regal power to publish and declare the several commissions and licenses

hereafter following, whether the same have passed his great seal, privy

seal, signet, and sign manual, or any of them, to be from hence utterly

void, revoked, and hereby determined.

That is to say:--

A commission for cottages and inmates touching scrivenors and brokers.

A commission for compounding with offenders touching tobacco.

A commission for compounding with offenders touching butter.

A commission for compounding with offenders touching logwood.

A commission for compounding with sheriffs for selling under-sheriffs'

places.

A commission for compounding with offenders for destruction of woods for

iron-works.

A commission for concealments and encroachments within 20 miles of

London.

A license to transport sheep and lambskins.

A commission to take men bound to dress no venison, pheasants, or

partridges in inns, alehouses, ordinaries, and taverns.

A commission touching licensing of wine-casks.

A commission for licensing of brewers.

A license for sole transporting of lamperns[316] and all proclamations,

warrants, or letters of assistance for putting in execution of the said

commissions or licenses be from henceforth declared void, determined,

and hereby revoked to all intents and purposes.

And his Majesty in like favour and ease to his subjects is further

pleased to declare his royal will and pleasure to be, that the

particular grants hereafter mentioned (upon feigned suggestions,

obtained from him, to public damages) whereby the same have passed his

Majesty's great seal, privy seal, signet, or sign manual or any of them,

shall not hereafter be put in execution, viz.:

A grant for weighing of hay and straw in London and Westminster and 3

miles compass.

An office of register to the commission for bankrupts in divers counties

of the realm.

An office or grant for gauging of red herrings.

An office or grant for the marking of iron made within the realm.

An office or grant for sealing of bone lace.

A grant for making and gauging of butter casks.

A grant of privilege touching kelp and seaweed.

A grant for sealing of linen cloth.

A grant for gathering of rags.

An office or grant of factor for Scottish merchants.

An office or grant for searching and sealing of foreign hops.

A grant for sealing of buttons.

All grants of fines, penalties, and forfeitures before judgment granted,

or mentioned to be granted, by letters patents, privy seals, signet,

sign manual, or otherwise.

All patents for new inventions not put in practice within 3 years next

after the date of the said grants.

And the several grants of incorporation made unto--

Hatband-makers.

Gutstring-makers.

Spectacle-makers.

Comb-makers.

Tobacco-pipe-makers.

Butchers and Horners.

And his Majesty doth further require and command that there shall be a

proceeding against the said patentees by _quo warranto_ or _scire

facias_ to recall the said grants and patents, unless they will

voluntarily surrender and yield up the same: and also all proclamations,

warrants, or letters of assistance obtained from his Majesty or the

lords and others of his Privy Council for execution thereof, from

henceforth utterly to cease and be determined, and are hereby absolutely

revoked and recalled.

And his Majesty doth further expressly charge and command all and

singular the patentees, grantees, or others any ways interested or

claiming under the aforenamed grants, licenses, or commissions, or any

of them and their deputies, that they or any of them do not at any time

hereafter presume to put in use or execution any of the said grants,

commissions, or licenses, or any thing therein contained, or any

proclamations, warrants, or letters of assistance obtained in that

behalf, upon pain of his Majesty's indignation, and to be proceeded

against as contemners of his Majesty's royal commands, whereof he will

require a strict account. Given at our Manor of York the 9th of April in

the 15th year of our reign, 1639.

[Footnote 315: Quoted, W.H. Price, _English Patents of Monopoly_,

Appendix B.]

[Footnote 316: _i.e._ lampreys.]

23. ORDINANCE ESTABLISHING AN EXCISE [_Firth and Rait, Acts and

Ordinances of the Interregnum, Vol. I, pp. 202-14_], 1643.

An ordinance for the speedy raising and levying of monies, set by way of

charge or new impost, on the several commodities mentioned in the

schedule hereunto annexed; as well for the securing of trade as for the

maintenance of the forces raised for the defence of the King and

Parliament, both by sea and land, as for and towards the payments of the

debts of the commonwealth, for which the public faith is, or shall be,

given.

The Lords and Commons now assembled in Parliament, taking into their

serious consideration the great danger that this kingdom lyeth under,

through the implacable malice and treachery of Papists and other wicked

persons; ... And forasmuch as many great levies have been already made

... which the well-affected party to the Protestant religion have

hitherto willingly paid, to their great charge, and the malignants of

this kingdom have hitherto practised by all cunning ways and means how

to evade and elude the payment of any part thereof; By reason whereof

the Lords and Commons do hold it fit that some constant and equal way

for the levying of monies for the future maintenance of the Parliament

forces ... may be ... established, whereby the said malignants and

neutrals may be brought to and compelled to pay their proportionable

parts of the aforesaid charge....

I. Be it therefore ordered, ordained and declared by the said Lords and

Commons, that the several rates and charges in a schedule hereunto

annexed and contained shall be set and laid ... upon all and every the

commodities in the said schedule particularly expressed....

II. Be it further ordained ... that ... an office ... shall be ...

erected ... in the City of London, called ... by the name of the Office

of Excise or New Impost, whereof there shall be eight Commissioners to

govern the same....

V. That the like office and so many of such officers shall be ...

erected ... in all the counties of the realm of England, dominion of

Wales, and town of Berwick, and all other the cities ... as the said

eight Commissioners ... think fit to nominate....

VII. That the said office in all places where it shall be placed shall

be kept open in the week days from eight ... till eleven, and from two

till five ..., for the entering and registering the names and surnames,

as well of the sellers, buyers and makers of all and every the

commodities in the said schedule mentioned, and of the several qualities

thereof, as for the receiving of all monies as shall be due upon the

sale....

XI. That if any of the sellers of the said commodities shall refuse or

neglect to make a true entry of the said commodities ... that then he or

they ... shall forfeit to the use of the commonwealth four times the

true value of the goods and commodities so by him or them neglected to

be entered or delivered....

XV. That this ordinance shall begin to take place and effect from the

25th of July, 1643, and from thence to continue only for three years

then next ensuing, unless both Houses of Parliament, during that time,

shall declare that it shall continue for any longer time....

In this schedule is contained the charge and excise which ... is set and

imposed, to be paid on the several commodities hereafter mentioned.

[Here follows schedule of rates and commodities.]

PART III: 1660-1846

SECTION I

INDUSTRIAL ORGANISATION AND SOCIAL CONDITIONS

1. Defoe's Account of the West Riding Cloth Industry, 1724--2.

Defoe's Account of the Woollen Trade, _temp._ George II.--3. Defoe's

Account of the Corn Trade, _temp._ George II.--4. Defoe's Account of

the Coal Trade, _temp._ George II.--5. A Description of Middlemen in

the Woollen Industry, 1739.--6. Report on the Condition of Children

in Lancashire Cotton Factories, 1796--7. The Newcastle Coal Vend,

1771-1830--8. The old Apprenticeship System in the Woollen Industry,

1806--9. A Petition of Cotton Weavers, 1807--10. Depression of Wages

and its Causes in the Cotton Industry, 1812--11. Evidence of the

Condition of Children in Factories, 1816--12. Change in the Cotton

Industry and the Introduction of Power-loom Weaving, 1785-1807--13.

Evidence by Factory Workers of the Condition of Children, 1832--14.

Women's and Children's Labour in Mines, 1842--15. Description of the

Condition of Manchester by John Robertson, Surgeon, 1840.

The documents in this section are intended to illustrate changes in

industry and their effects on social conditions between 1660 and 1846.

Eight extracts illustrate the condition of industries in the period,

their structure, organisation and methods (Nos. 1 to 5, 7, 8 and 12).

The first five refer to the early part of the eighteenth century and

have a double interest. They record the old conditions in the woollen

industry and the wool, corn and coal trades, and enable us to estimate

the completeness of the change which was coming (Nos. 1, 2, 3, 4, 5).

They show also how far advanced already was the organisation of markets

and middlemen, and vertical control. A description of the conditions of

the old apprenticeship system in the woollen industry is added (No. 8).

Evidence before Committees on the Coal Trade gives an account of the

important monopoly agreements and limitations of output which the

peculiar conditions of the industry produced (No. 7). An example of the

mechanical inventions which revolutionised industry at the close of the

period is taken from an autobiographical pamphlet by a pioneer in

power-loom cotton weaving (No. 12).

The pressure of industrial change on human life had been felt for some

time before the application of new motive-power to machinery took full

effect. The fluctuations of the cotton weaving industry and the

depression of wages, aggravated by the French wars and trade

restrictions, are illustrated by a petition of weavers (No. 9) and by

evidence before a committee on the Orders in Council (No. 10). The rest

of the extracts refer chiefly to the employment of children under the

new industrial conditions. The report of Dr. Perceval in 1796 (No. 6)

helped to produce the original Factory Act (See Pt. III, Section III,

No. 9). The evidence of Peel and Owen before the committee of 1816 is

given as the testimony of exceptional employers (No. 11). It supplements

the picture painted by children, parents and overseers before Sadler's

committee (No. 13). The Commission of 1842 (No. 14) supplies evidence of

the conditions under which women and children worked in the coal mines.

A brief description by a surgeon of the condition of Manchester in 1840

is added as giving some indication of the part played by housing

conditions in the Industrial Revolution (No. 15).

AUTHORITIES

On Industrial Organisation the principal modern writers are Unwin,

_Industrial Organisation in the Sixteenth and Seventeenth Centuries_;

Cunningham, _English Industry and Commerce, Modern Times_; Mantoux,

_La Révolution Industrielle_; Toynbee, _The Industrial Revolution_;

Marx, _Capital_, Vol. II; Hobson, _The Evolution of Modern

Capitalism_, _Social England_ (edited Traill); H. Levy, _Monopoly and

Competition_. Consult also Smiles, _Lives of the Engineers_, _Lives

of Boulton and Watt_, _Industrial Biography_; Meteyard, _Life of

Wedgwood_; Chapman, _The Cotton Industry_; Galloway, _Annals of

Coalmining_; Boyd, _History of the Coal Trade_; Lloyd, _The Cutlery

Trades_; Leone Levi, _History of British Commerce_; Porter, _The

Progress of the Nation_, and _The Victoria County History_, _passim_

(articles on social and economic history and on industries). For

social conditions and changes consult Mantoux, Cunningham, Marx, and

other writers above-mentioned, and Hutchins, _The Public Health

Agitation_; Cooke Taylor, _The Factory System_ and _Introduction to

the Factory System_; Webb, _History of Trade Unionism_.

Bibliographies are given by Cunningham, _op. cit._, Part II; Unwin,

_op. cit._; Mantoux, _op. cit._; _Social England_; Hutchins and

Harrison, _History of Factory Legislation_; Webb, _op. cit._;

Cambridge Modern History, Vol. X.

_Contemporary._--(1) The chief printed documentary evidence is to be

found in the numerous reports of Committees and Commissions. For

children's employment see the following Reports: on the State of

Children in Manufactories, 1816 (III); on the Bill to regulate the

labour of Children, 1832; on Children in Factories, 1833 (XX and

XXI); on Children in Mines and Manufactories, 1842 (XV, XVI, XVII);

on Children's Employment, 1843 (XII-XV). On conditions of wages and

employment see Reports on Petitions; of Framework Knitters,

1778-1779; of Woolcombers, 1794; of Calico Printers, 1804 (V) and

1806 (III); of Hand-loom Weavers: 1834 (X) and 1835 (XIII), 1839

(XIII) and 1840 (XXII and XXIV); also Reports on the Apprenticeship

Laws, 1813 (IV); on the Woollen Manufacture, 1806 (III); on Silk and

Ribbon Weavers, 1818 (X). The organisation of the Coal Industry is

described in Reports on the Coal Trade. See also the Letter Books of

Holroyd and Hill (ed. Heaton, Halifax Bankfield Museum Notes, Series

II, No. 3).

(2) Contemporary literary evidence for the earlier part of the period

is to be found in Defoe, A Tour through the Whole Island of Great

Britain, and The Complete English Tradesman; Smith, Memoirs of Wool

(a collection); Young, Tour through the North of England, gives a

brief survey of the Country in 1770. The changes in industrial

methods are described in W. Radcliffe, Origin of the New System of

Manufacture, commonly called Power-loom Weaving, Memoir of Edmund

Cartwright, and Histories of the Cotton Manufactures by Ure and

Baines. Life under the new conditions is described by Gaskell, The

Manufacturing Population, and Artizans and Machinery, and Owen,

Observations on the Manufacturing System. See also G. Dyer, The

Complaints of the Poor People of England; C. Hall, The Effects of

Civilisation; J. Brown, Memoir of Robert Blincoe (a child

factory-worker); and, for public health, Kay, Moral and Physical

Condition of the Working Classes; Richardson, The Health of Nations

(Chadwick's writings); Reports 1800 (X) and 1830 (VII); Sanitary

Conditions in large towns are described in Reports on Health of

Towns, 1840 (XI) and 1845 (XVIII), and on Sanitary Conditions, 1844

(XVII).

1. DEFOE'S ACCOUNT OF THE WEST RIDING CLOTH INDUSTRY [_D. Defoe, A Tour

Through Great Britain, Vol. III, pp. 144-146, Ed. 1769_], 1724.

From Blackstone Edge to Halifax is eight miles; and all the way, except

from Sowerby to Halifax, is thus up hill and down; so that, I suppose,

we mounted up to the clouds, and descended to the water-level, about

eight times in that little part of the journey.

But now I must observe to you, that after we passed the second hill, and

were come down into the valley again; and so still the nearer we came to

Halifax, we found the houses thicker, and the villages greater in every

bottom; and not only so, but the sides of the hills, which were very

steep every way were spread with houses; for the land being divided into

small inclosures, from two acres to six or seven each, seldom more,

every three or four pieces of land had an house belonging to them.

In short, after we had mounted the third hill we found the country one

continued village, though every way mountainous, hardly an house

standing out of a speaking distance from another; and as the day cleared

up, we could see at every house a tenter, and on almost every tenter a

piece of cloth, kersie, or shalloon; which are the three articles of

this country's labour.

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