First, Right of Invention; forasmuch as the Laws do reward
Inventions, by granting them a Monopoly of them for a certain time;
(as here in _England_ for fourteen years) for thereby the Inventor
is rewarded more or less according to the acceptance which his
Invention findes amongst men.
Where note by the way, that few new Inventions were ever rewarded
by a Monopoly; for although the Inventor often-times drunk with
the opinion of his own merit, thinks all the world will invade
and incroach upon him, yet I have observed, that the generality
of men will scarce be hired to make use of new practices, which
themselves have not thoroughly tried, and which length of time
hath not vindicated from latent inconveniences; so as when a new
Invention is first propounded, in the beginning every man objects,
and the poor Inventor runs the Gantloop of all petulent wits; every
man finding his several flaw, no man approving it, unless mended
according to his own advice: Now not one of an hundred out-lives
this torture, and those that do, are at length so changed by the
various contrivances of others, that not any one man can pretend to
the Invention of the whole, nor well agree about their respective
shares in the parts. And moreover, this commonly is so long a
doing, that the poor Inventor is either dead, or disabled by the
debts contracted to pursue his design; and withall railed upon as a
Projector, or worse, by those who joyned their money in partnership
with his wit; so as the said Inventor and his pretences are wholly
lost and vanisht.
Secondly, a Monopoly may be of real use for a time, _viz._ at the
first introducing of a new Manufacture, wherein is much nicety
to make it well, and which the generality of men cannot judge of
as to the performance. As for example; suppose there were some
most approved Medicament which one certain man could make most
exactly well, although several others could also make the same
less perfectly: in this case this same chief Artist may be allowed
a Monopoly for a time, _viz._ until others have had experience
enough under him, how to make the Medicament as well as himself.
First, because the world may not have the Medicament variously
made, when as they can neither discern the difference by their
senses, nor judge of the effects thereof _à posteriori_, by their
reasons. Secondly, because others may be fully instructed by him
that can best do it; and thirdly, because he may have a reward for
such his communications: But forasmuch as by Monopolies of this
kinde, great Leavies are seldom made, they are scarce pertinent to
our design.
Offices instituted by the State with Fees of their own appointment,
are of parallel nature to Monopolies; the one relating to actions
and employments as the other to things, and have the same to be
said for and against them as Monopolies have.
As a Kingdom encreaseth and flourisheth, so doth variety of things,
of actions, and even of words encrease also; for we see that the
language of the most flourishing Empires was ever the most copious
and elegant, and that of mountainous Cantons the contrary: Now as
the actions of this Kingdom encreased, so did the Offices (that is,
the power and faculty of solely executing and performing the said
actions) encrease likewise; and on the contrary, as the business of
Offices encreased, so did the difficulty and danger of discharging
them amiss decrease proportionably: from whence ’tis come to pass,
that the Offices which at their first erecting were not performed
but by the ablest, most inventive, and versatile Instruments, (such
as could wrestle with all emergent difficulties, and collect Rules
and Axioms out of the Series of their own Observations, (with
reference to the various casualties of their employments) whereby
to direct Posterity) are now performed by the most ordinary,
formal, pack-horse Deputies and Sub-Deputies.
And whereas at first such large Fees were allowed as (considering
even the paucity of them which might then be received) should
compensate the Art, Trust, and Industry of the Administratour; yet
the said large Fees are still continued, although the skill and
trust be lessened, and the number of the said Fees so extreamly
multiplyed: so as now the profits of such Offices (being become
cleer, and the work so easie as any man is capable of it, even
those that never saw it,) are bought and sold for Years or Lives,
as any other Annuity may be; and withal, the splendor arising from
the easie gaines of those places in Courts of Justice, is called
the Flourishing of the Law, which certainly flourisheth best, when
the Professors and Ministers of it have least to do. And moreover,
when the burthen and uselesness of such an Office is taken notice
of, ’tis nevertheless spared as a Subjects Freehold in favour of
him that bought it.
Of these Offices are many in this Nation, and such as might be a
Revenue to the King, either by their Annual profits, or the Sale of
them for many years together. And these are the Offices that are
properly Saleable, _viz._ where the Fees are large, as appointed
when the number of them was few, and also numerous, as multiplying
upon the increase of business, and where the business is onely the
labour of the meanest men: length of time having made all the work
so easie, and found out security against all the frauds, breaches
of trust, and male-administrations, whereunto the infancies of
those places were obnoxious.
These Offices are therefore Taxes upon such as can or will not
avoid the passing through them, and are born as men endure and
run themselves into the mischiefs of Duelling, the which are very
great, which side soever prevails; for certainly men do not alwayes
go to Law to obtain right, or prevent wrong, which judicious
neighbours might perform as well as a Jury of no abler men; and men
might tell the Judge himself the merits of their Cause, as well
as now they instruct their Councel. This therefore of Offices is
a voluntary Tax upon contentious men, as Excize upon Drink is, to
good Fellows to love it.