needlesse； endlesse； suits of Law。 For now this Litigandi ｛Greek
word omitted｝； and waxeth so fast； and groweth so great； that
suites of Law doe seem immortall： time doth increase them； and
lenght of time would not determine them； if the wisedome of those
Grave Fathers of the Law； did not put an end to the malice of the
Litigants： as is now； worthily observed in Chancery； to his
honour and memorie that hath so happily begun the same。
By the groweth and greatnesse of which suites； I say； a great
number of His Majesties good and loving subjects are vexed；
imprisoned； impoverished and overthrowne： and whilst the
Litigants strive together； another taketh away the fish； and as
it is in the Apologue； leaveth to either of them an empty shell。
And thus mens time and meanes being spent in Law； which should be
employed in Trade； trade is neglected； and the Common…wealth
deprived； of the benefit that might be purchased and procured
thereby。
Amd thus much for the decay of Trade considered joyntly。 It
followeth now to consider them apart； in some principall parts
thereof。 Which may be reduced； to such as tend to the
Fortification of the Kingdome； or Maintenance of Trade。 The
former are Ordinance and Munition： the too…too common exportation
whereof； hath taught us wofull experience of an invaluable
inconvenience thereby； which every man is sensible of： and
therefore I neede not presse it： I wish it did not oppresse us。
The latter； I will referre to things essentiall； for the
preservation of mans life； as Victus and Vestitus： yet such of
them also as doe aford wondrous variety of Trade； and may be
termed the Nourceries thereof； as the Fishing and Clothing of
this Kingdome。 For on these two； all sorts of Trades and
Tradesmen； have some dependance。
The inconvenience in this former； is that Encroaching of
Strangers； in Fishing upon our Coasts： whereby not onely the
bread is taken out of the subjects mouth； but that infinite
wealth； which God hath made proper and peculiar unto Us； is
become common unto them。 Whereby also； their Navigation is
wonderfully encrea'st their Mariners are multiplied； and
exceeding great Trades maintained into all parts of the Christian
world。 And victuals commonly yeelding ready money； and
tolleration of exportation thereof； the same hath redounded to an
infinite enriching of their Countries with Treasure； exhausted
out of these Mines of our's。
I am not ignorant that a learned man of that side； pressing
hard in a Treatise entituled Mare liberum； the Community and
Freedome of the Sea against the Portugall Trade into the East
Indies： doth cunningly and obliquely； under the covert terms of
Populi Romani littus； defend and maintaine； in the fifth chapter
thereof； their fishing upon our Coasts。 For thus hee concludeth；
Nemo igitur potest apopulo Romano ad littus marius accedere
prohiberi； & retia siccare； & alia facere； quae semel onmes
hominibus in perpetuum sibi licere voluerunt。 And again； Exteris
ius piscandi； ubique immune esse debet。
To part of which Treatise； there is an answere entituled； De
Dominio Maris； to which I referre those that desire further
satisfaction in this matter。 But in my judgement； which I submit
to better judgement； the Author of Mare liberum； though otherwise
very learned； strayneth his Arguments for that purpose beyond
their strength。 For Jus is said to be scriptum； or Non scriptum。
And by both these； the proprieties of the Seas may be proved； to
belong to those Princes and Countries； to which they are next
adjacent。
For Custome； the examples of our Neighbour Countries round
about us are frequent。 As of Coeldine； Groeneland； Norway； and
Frisland； under the King of Denmark。 Tunny fishing under the Duke
of Medina。 The Gulfe of Venice that Seignory。 And many others I
might instance： In all which there is no liberty of fishing； but
by speciall priviledge had from those Princes to whom the same
belongeth。 Which being so we may wel conclude with the Poet； Cum
ventum ad verum est； sensus moresque repugnant。
For the Law it selfe； it is not hard to produce some of his
owne Authors against himselfe。 As the Emperour Leo： of whome he
thus speaketh； Voluit ｛Greek word omitted｝； hoc est； vestibula
maritima eorum esse propria； qui oram habitarent； ibique eos ius
piscandi habere。
Also Rodericus Suarius； whose testimony because he was a
Spaniard； he produceth against the Portugals in the end of his
fifth Chapter； whom； if hee had pleased； hee might also have
cited thus speaking： Redditus piscariarum consueti； ut est
gabella； seu aliud tributum solui conseuetum； de his quae in mari
piscatores faciunt； seu a mercantoribus de his wuae emunt aut
vendunt； Principibus conceduntur。
To which I will onely adde that of Bartolus； whom the
Civilians call Juris Lucernam； thus speaking： Ut Insulae in mari
proxime adiacenties； sic & mare ipsum ad Centum usque milliaria
pro territorio districtuque illius regionis cui proxime
appropinquat； assignatur。
The rest that the Author of Mare liberum enforceth； of the
Community and freedome of the Sea to all Nations； he
understandeth of matters in question； betweene the Portugals and
those of his Nation； concerning their East India Trade； and not
of their fishing upon our Coasts。 Which Question in my judgement；
being out of question； were better determined by action then
disputation： It being a Royalty of the King； and a Regall
priviledge of this Kingdome； assigned by Almighty God。
From the Fishing come wee to the Clothing or Drapery of this
Kingdome： the consideration wherof is of very high consequence；
and concerneth both the Soveraigne and the Subject； Noble and
Ignoble； even all sorts； and calling and conditions of men in
this Common…wealth。 For this is said to bee a Flower of the Kings
Crowne； the Dowry of the Kingdome； the chiefe Revenue of the
King。 This is a bound to fortifie； and a bond to knit the
subjects together in their severall societies。 This is the Gold
of our Ophir； the Milke & Hony of our Canaan； the Indies of
England： and therefore desire's and deserve's to be had in an
everlasting remembrance。
The Draperies of this Kingdome are termed Old and New。 By the
Old； are understood Broad Clothes； Bayes and Kersies： By the New；
Perpetuanoes； Serges； Sayes； and other Manufactures of wooll。
The causes then of the decay of trade in these Draperies； are
either Domestique or Forreine。 The Domestique causes； are some
Past； some Present。 Those Past； are apparent in the late
disturbance of the Cloth…Trade； which is so obvious to every man；
that I had rather passe by it； then presse upon it； because it is
past： and I would to God that so were the effects of it also。 In
charitie we may thinke it was good in the purpose； though it
prooved ill in the practice。 For thereby the Draperies of this
Kingdome； are much diminished； and the forreine advanced and
advantaged。 The quantitites of which last； were formerly few or
none； but now they exceede our highest numbers issued out of the
land： as by a collection thereof； which my selfe made in those
parts； by His Majesties speciall parts； by His Majesties
specially command； in the time of Secretary Winwoods service； may
appeare。
These present； may be discern'd in the Cloth…trade； either
under the Clothier； or under the Merchant。 Under the Clothier；
either by ill making or false sealing the Cloth。
For the making of good and true Cloth； many excellent lawes
have bin invented & enacted by the wisdome of the Parliaments of
this land； from time to time。 And the Statute of 4 of the King
Cap。 2 doth seeme to bee an Epitome or Compendiary of all the
former Statutes in this kinde。 In this Stature is prescribed； the
true breadth； and length； and waight； that may conduce to the
making of a true and perfect Cloth； Kersie or Manufacture。 If a
Clothier make a Cloth of lesse waight； then is set downe in the
said Statute； he offendeth in Quantitie： If of lesse breadth； or
length； or of forbidden kindes of wooll； hee offendeth in
Qualitie。 If a Clothier offend in neither of these by his owne
act； yet he may offend in both； by his instruments or workemen：
Either by the Weavers； in not putting in the stuffe at the
making； or by the Tuckers in pulling out the stuffe after the
making thereof。
A Cloth also may be well made； & yet false sealed。 A Cloth
may be said to be lawfully made； when it is truly sealed。 For
although it may be impossible to make some Clothes； just of those
quantities and quanlities prescribed by the Statute； as the
Clothiers terme is； A man cannot cast a cloth in a mould： yet I
hope； they will give me leave to say； that it is possible that a
Cloth may bee true sealed； though false made。 And then a Cloth
ill made； and true sealed； whereby the buyer may see what he hath
for his money； may bee said to bee a good or lawfull Cloth
according to the Statute。
Now the execution of the Statute for Searching and Sealing of
Clothes； seemeth to be referred to two sorts of men： which are
either the Aulnager or Seacher。 the former may seeme originally
to have beene an Officer appointed for that purpose； as well as
by the Notation of the name； as by some Ancient Statutes。 For
Aulne； and Aulnage； and Aulnagier； are all French words； taken
from the measuring of Cloth。 And thence it is； that in that
tongue they are wont to say Auner draps to measure Clothes； by a
Trope taken from the Instrument by which they are measured。
But because the care of the Aulnage is committed to so Noble
and Honourable a Personage； that will not suffer any abuse in the
execution of that office： and the said Statute of 4 Jacobi； and
the former Statutes of 39 and 43 Elizabethae； doe referre the
Searching and Sealing of Clothes； to certaine Overseers or
Searchers； so called by the said Statutes； I will proceede unto
them。
And forasmuch as Execution is the life of the law； as His
Majestie in his high wisedome admonisheth： and the Prudence and
providence of the State； have beene very great in devisin