The litigious Suits in Law being noted as the third cause of the decay of Trade, can hardly be remedied for the reasons before declared, but must have their course; and herein there can be no shorter course devised by the witte of man, then the Common-wealth doth use upon proofe and specialties, if the pleadings and issues (although Peremptory:) bee joyned according to the first institution, whereby the Matter of fact nakely appeare before the Jury of twelve men, who are to judge thereof according to the evidence of witnesses produced before them; for touching the matter of Law, the same beeing separated from the matter of Fact, maketh a Demurrer to be determined by the Judge. I have great cause to enter into Campum Spatiosum about this Law Warfare, having by experience and study spent much time therein. But Ithinke fit onely to comment the orders used in Germany to take downe the litigious humours of some persons: To make them pay a Fine of twelve pence upon the pound or more to the Emperors or Magistrates, for so much as they claime more of the defendant, then they can justly proove to be due unto them; besides a further charge, if hee bee found in his proceedings to doe things for a Revenge, which they call an unlawfull imprisonment, although by the lawe he have commenced his Sute lawfully: and this is tearmed Paena Plus Petentium.
For all other meanes, whereby the differences happening between Merchants are determined, I must referre the same unto my booke of Lex mercatoria, as a matter requiring a large explanation.
The like I must doe concerning the fishing Trade, which is the fourth Cause noted before, which hath a reference to the want of money, or to speake ingeniously, is a chiefe cause of the want of money, which might bee procured thereby; whereby both the Trade of Cloth and fishing might flourish together, contrary to the opinion of the severall societies of Merchants before alleadged: for although they be of severall companies, yet such orders may be devised by the corporation to be made of fishing Merchants, as shall not infringe their severall priviledges any way: and all objections may be answered by true and just prevention, observing other nations, Facilius est addere, quam constituere.
The fift cause of the decay of Trade, by making Cloth in forraine Countries, hath beene considered of, whereupon the late Proclamation was made, prohibiting Th'exportation of Wooll, Wooll-fells, Wooll-yearne, Fullers earth, and Wood ashes, and all materials, serving for the making of Cloth. The Rules also to be described of the true making of Cloth (wherein the said Author hath been a good observer) may be (with a vigilant eye of the Officiers to be imployed therein by the Corporation, and the increase of Merchants to manage Trade:) a Remedie to the seventh causes: as also to the eight Cause of the decay of Trade: but the sixt cause concerning the Policy of Merchants, is not to be omitted, whose orders already made, and hereafter to bee made, may be thought convenient to be Surveyed by a Committie, who (upon complaints of the parties grieved in all Societies:) may take order by way of approbation or deniall, to execute things for the generall good, and not for the particular: as I have noted in all this Discourse. So that other Merchants upon reasonable considerations, may be admitted (upon this especiall occasion) to be of the said Societies or Companies; for otherwise it may seeme somewhat dissonant from reason, to prohibite all Merchants, as well English as Strangers, to bring in any of the Commodities of Turkie or of the Levant, and now lately from Eastland and those Countries: but to prohibite the importation of Commodities in Strangers Bottomes concurreth with the Law.
