GREAT HATH BEENE THE CARE, AND THE Inuentions sundrie, that haue beene vndertaken, for the aduauncing, collecting and true answering, of all such Duties as vpon things by way of Merchandize, Custumes defined. Crossing the Seas, are either vented out or brought into this Land, according to Lawes and Contracts to that end.

But as in the State of a natural body, those diseases prooue of most dangerous consequence, that are of longest breeding, and most desperate to cure, whose causes are vnknowne: so fares it at this day with that, which highly importing the whole Cō ­mon-wealth, is of it selfe, no small nor idle portion in the body of the Princes Reuenues. Namely, the state of the CVSTVMES; specially in the OVT-PORTES of this Realme. The present condition whereof, being neerely obserued, may bee fitly re­sembled to the diseases of the body, Resembled to inueterate Dis­eases. which the Phisitians terme Morbs Chronici. For as they engendred with time, not seene to at first, or but slightly regarded, make worke at the last for Apothecaries and Surgeons, leading the part infected still from ill to worse: so in the occasions and continuance of these kinds of sores or disorders, for want of due inspection or true informa­tion, as the seruice growes confounded; Offences by conse­quence encrease more and more.

For remedy whereof, though confident Emperiks neuer so boldly, with their violent and repercussiue medicines, from all parts obtrude themselues, sucking profit thereby at one hand or other: When all is done & sayd, the Graue and Wise Physiti­ans, Fit for none but graue and Phisitians of experience must put to their hands, who proceeding by method from An fieri possit, to Quid fieri debet; by the pulse and Symptoma ob­serue the disease, and conferring with the Patients themselues, finding the cause; proportion Receipts for remedy.

In which respect, for the better information of the State of this Cause, this present Discourse is conceiued, The motiue of this Discourse that through it the VNDERSTANDING READER AND WISE IN AVTHORITIE, by reading onely, without passion or parti­alitie might be their owne Iudges. Wherein (if for the length in shew it seeme to be tedious) so the Forme for the plainenesse proue not off ensiue; The oftner read the better vnderstood. the Matter for importance deserues more then a reading.

[Page] ¶ Priuatio praesupponit habitum. Sicknes doth imply a habit of helth, & the disproportioned dispositi­on of any Function, doth argue an intention & possibi­lity of Order. To the vnderstanding wherof, since parti­cularities & circumstances do best approoue and lay open the trueth or falsehood of any Action or Asserti­on: In the Consultation and Resolution of this argu­ment of CVSTVMES, The Argument. as well for their due Collect­ing and true Answering, as the infallible meanes of their orderly aduancing, to the glorious demonstra­tion and happie vpholding of the wealth and peace of this State and Kingdome, both at home and a­broad: Fower things doe first offer themselues to mind and necessarie consideration.

• ¶ 1 The CAVSE or Ground, whence such Duties growe and haue their first being.
• ¶ 2 The MATTER what, and where vpon such Duties grow­ing are to be paide and taken.
• ¶ 3 The PERSONS, whome such Duties either immediatly or by consequence touch and concerne.
• ¶ 4 The FORME how to collect such Duties, fit and peculiar to the CAVSE, MATTER and PERSONS.

First therefore of the CAVSE of CVSTVMES for Orders sake, and so of the rest.

THe Nature of all things that consist in Action, is best seene and valued, by the worthines of that Obiect and End where to it tendeth.

The highest Obiect of humaine Actions (GOD onely excep­ted) is the MAIESTIE of our SOVERAIGNE and GOOD of our COVNTRY. And there is no Action more dutiful, then at all hands to amplifie the honour of the one, and to procure the peace of the other; nor any more odious, then wittingly or wil­lingly to impaire the Meanes, mutually ment for the mainte­nance of either.

The maine drift and purpose of the Argument.It followeth then as a consequence of all sides to bee a­greed on; That to maintaine the Princes Reuenewes, and to further the prosperitie of her people is, or ought to be, the speciall care of euery mans best endeuour.

But, as in all things that depend on CAVSES, and consist of MATTER and FORME, where the proprieties of either are [Page]not rightly vnderstood nor seriously obserued, the first Error breeding Mischiefe, leades the high way to Disorder and so to Confusion: so fares it at this day with the State and argument of this Discourse, namly the publike duties of CVSTVMES. That as well for the CAVSE whence they proceede and their MATTER what it is, as in their FORME how to stop the course of Errors and currant of Abuses, hath of long time bene and yet is a pro­position diuersly and strangely debated. Wherein howsoeuer Confusion encrease generall offences, Holding the Actors next hand still subiect to suspition and blame. ( Ignorance and Impuden­cie bearing the sway) The ATTORNEY and Experience and SOLICITOR generall: for the Prince and her People. Truth arguing the case before Equitie and Reason, dispute the Question, and resolue it thus.

Al Effects work only by & liue or dy with their proper CAVSES.

All CAVSES are either Efficient, Materiall, Formall, or Finall.

Custumes described.¶ CVSTVMES are the Princes publike Duties, growing by TRAFFICK, on Marchandize outward and inward, payable according to the Equitie of positiue Lawes and forraine Con­tracts, freely and onely giuen For defence of the Realme and safe passage at Seas.

Thus CVSTVMES follow TRAFFICK as the Effect doth the CAVSE; The CAVSE. in which regard the Merchant at all hands is to be cherished, fauoured and encouraged in euery common-welth.

Trafficke described.¶ TRAFFICKE is a mutuall bartering, or buying & sel­ling of Vendible wares, by Merchants, Subiects or Strangers, at Marketes conuenient, according to the Rulers of Reciproke Commerce, generally entending the honour of the Prince and prosperitie of the Common-weale.

There appeare in TRAFFICK by this discription fower spe­ciall parts, to bee seuerally considered and iointly maintained, as being so essentially coherent, and necessarily concurrent, that where any one is failing, the rest haue no longer being. To wit, MATTER (as Vendible wares. Secondly PERSONS (Merchants Sub­iects, or Strangers. Thirdly, PLACE (at Markets conuenient) Fourth­ly ORDER (rules of reciproke Commerce.)

1 First in the Condition of the MATTER whatsoeuer it be GOODNES only (more or lesse) makes it Vendible, as respected & fit for Trades. All GOODNES is either by Nature or by Art: And as in GOODNES there is a proportion alwaies answerable to the first MATTER, wherein it consisteth: so in Trades, the blessing of God by Nature, and the benefit of Industrie by Art, is immedi­atly more or lesse admired, to the speciall reputation and pro­fit of the PERSONS and PLACES that first afford them.

2 In the quality of the PERSON of the Merchant, whosoeuer he be, Subiect or Stranger; onely Loyaltie and Alliance, makes his [Page]TRAFFICK auowed, without distinction of Sex or yeares: For with knowne Traitors or open enemies, the Lawe admits no Commerce.

3 In the PLACES Conueniencie at home or abroad, Easines of Accesse by Sea or land and publike Freedome with Safetie for MATTER and PERSONS, is onely regarded in all Martes and Markets.

4 And the best Rules for ORDER to direct TRAFFICK by, are they which being precisely squared out to the Generalitie, Indifferencie and Certaintie of the Lawes of the land and forrain Contracts, admit no particular, partiall nor doubtfull; deceipt, iniurie nor disturbance, to MATTER, PERSONS, nor PLACE.

Thus TRAFFICK supported by fower speciall Pillers; The first is grounded on GOODNES. All GOODNES is needefull. TRAFFICK therefore either outward or inward of things bred at home or abroad; in respect of the Vse thereof ought to bee Generall. For looke what the Soule is to the outward Actions of the body, in ordering each member: so, as to Nature seemes fit­test for the good of the whole Man: Such is the vse of TRAFICK in disposing Misteries and Trades to the behoofe of the whole Common-wealth. A consideration in no part of Ciuill Go­uernment to bee neglected, much lesse in this great CAVSE of CVSTVMES. For as much as the GOOD intended thereby both to MATTER, PERSONS, and PLACES, by the rules of Equitie is so due to All, as cannot bee iustly restrained or denied vnto Any, without disorder and confusion. Bonum autem quo communius, [...]o melius.

From TRAFFICKE therefore CVSTVMES deryue their first Essence, and being, and by it encrease; to the Honor of Prin­ces, and prosperitie of Common-wealthes.

To conclude; TRAFFICK is the true and assured practise of that misticall Phylosophie (wherein so many wits haue spent themselues, and blowne the coales in vaine) whose heauenly Elixar (GOODNES) the Quintessence of Nature and Art, Lapis Philosophicus. by di­uine sublimation, applyed to Materials, begets Misteries in Trades, and purging all drosse of deceipt from Trades, turnes Trades into Mettals, and all Mettals into pure Siluer and fine Gold: Vniuersalis Medecina. And that generall Restoratiue, which easing all griefe in Sores, suppling all Sores in Diseases, and curing all Diseases in particular Members, holdes the whole Body of the Common­weale in perfect health. The sacred Rules whereof, as no pro­phane Couetise could euer comprehend, nor confident Empe­ricks attaine to practise, so none of priuate Discretion or Affecti­on, may presume to alter or control; as being a Doctrine and Study, peculiar to the GRAVE and GODLY WISE onely in highest Authoritie, and for PRINCES themselues.

[Page] The MATTER or Subiect, 2 MATTER. is al kind of wares that by way of Mer­chandise crossing the seas are either transported and vented out, or im­ported or broght into the Realme; whereupon such paiments are col­lected, as (For defence of the Realme, and safe passage at Seas) loyally offer­ed and graciously accepted, the Lawes of TRAFFICK doe recorde by the names and titles. Of

• CVSTVMS
  • Great and
  • Small.
• and
• SVBSIDIES of
  • Pondage, and
  • Tonnage.

The word CVSTVMES albeit it be vsed as a general name for al Duties vpon goods crossing the Seas, both inward and out­ward: yet it hath his peculiar and distinct signification. And is either that Dutie which is taken vpon Woolles, Woolfels, Tinne, Lead, and other Staple wares of this land, by the name of Grand CVSTVME; Or the Dutie of three pence vppon the pound &c. Yeelded onely by Strangers, by the title of PETIT-CVSTVME.

SVBSIDY, is but the Genus or Generall title to other duties, namely, Pondage and Tonnage.

Pondage is a SVBSIDY paide generally vpon all Marchandize, crossing the Seas, of twelue pence the pound (not otherwise in­creased by speciall Statute as is that of Corne). Whereof it sortes the name of Pondage, though in respect of the vse, it be more vsually called SVBSIDY, Quia datur in subsidium Principi.

Tonnage, is also a SVBSIDY diuersly collected according to diuers Statutes limiting the same; being either generally gran­ted for defence of the Realme, and free trafique on the Seas, as the Tonnage of Wines, or for the particular reliefe of some Port or Towne, as that of Douer.

• [Page] Immediately or directly, as
  • The PRINCE to whom they are giuen and by Law due.
  • The MARCHANT, that by Lawe is to pay them.
  • The OFFICER, specially appoin­ted to Collect them to the Prin­ces vse.
• Mediately, or by consequence; in regarde of free Trafficke. Viz.
  • Generally, The whole COMMONS of this Realme.
  • Specially the PORTE-TOWNES whose inhabi­tants, are
    • Artificers and Trades. or
    • M. of Shippes and Mariners.

The .4. 4. FORME. thing to be necessarily thought vpon and vnder­stood, is the FORME and maner of collection, fit & answer­able to the MATTER and PERSONS. Forma dat esse rei. For without it, the Prince, though much be giuen, is voide of ordi­narie meanes to be iustly answered, and so not satisfied. With­out it, the Marchant though much be due, knowes not how and with what discharge to pay it. And without it the Officer, though much be to be receiued, is without sufficient warrant to collect it by.

In the direction whereof therefore, Common equitie is to be respected. viz. That is in al other Duties hauing one and the same ground (Like twins) as namely those vpon lands & goods (De paribus autem est idem iudicium) the Assesse once agreed vp­on, by competent authoritie; doth intitle and satisfie the Prince, binde and acquite the Subiect, direct and warrant the Collector, and so fulfils the Lawe by giuing euery one his right; so in these duties vpon Merchandise both inward and outward, the Assesse or Rate of things once digested, is or ought to be a rule generall and inuiolable; the Equitie whereof, consisting in the Certentie and Indifferencie of Assessement, according to a [Page]reasonable valuation of things in vse, and so experssely set downe and named, and commaunding the like in Matters occurring.

But by reason of some vneuen cariage in the MATTER and present FORME; the PERSONS aforesaid in their seuerall degrees and places, haue their Offences, Griefes, and Com­plaints. The knowledge whereof comprehendes the whole State of the Cause in question, and giueth light to the grounds and occasions of the present disorders. For

The PRINCE offended.¶ First, the PRINCE, is two waies highly displeased; namely, either in that her Duties are by the Merchants defrau­ded, or by the Collectors ill aunswered into the Exchequer: or in that they seeme not so well husbanded for her, as priuate Persons by Leases doe make them for themselues. The satis­fying of whome, may make a way to relieue others.

The MERCHANT grieued.¶ The MERCHANTS griefes are likewise double, Publike and Priuate. For Generally they bemoane themselues, that as Subiects desirous to liue vnder the rule and direction of the Law; they are driuen to incurre the danger thereof, for want of Indifferent and Certaine proceedings. For where as one and the same Law (though by seuerall Statutes) doe binde them to answere the Prince Subsidies, and other duties on their lands and their goods, as well as their Merchandize; yet in paying the one (though held with more assurance at home, and that paide happily but once in the yeare) the Assesse is set downe with a consideration of each mans estate and charge; and in Collecting the other (though the payments be more frequent and dayly for one thing or other) there is farre lesse regard or feeling of the hazards they runne, by Sea, by Enemies, by con­trarie winds, Banckrowts and ill Markets. And whereas in the payments on lands and goods, the Collector alone being satisfied, the partie is acquit, without further charge, trouble or delay: in the matter of Merchandise, beside the Princes and Col­lectors due, Impositions and a multiplicitie of irregular exactions and fees to Searchers, Comptrollers, Surueyours, Waiters, Wayers, Packers, Scauagers, their Deputies, Clerkes, Seruants (and such like) is such a secrete burden, that in 6 or 7 yeares, the payments in this kind, doe counteruaile their Stockes.

[Page] ¶ Priuatly they grieue, that amongst thēselues Trades vnder Companies and Societies are drawne and abridged into a few mens hands; wherein, besides the wrong offered to the Law and general freedome of the land, euen within themselues also, the welthier and best grounded, by oddes of stockes, re­straints and other aduantages, driue the weaker to the walles. That one Porte seemes to giue Law to all the rest, without war­rant of Law, reason or Pollicie; the daunger whereof, moe see and lament, then know how to preuent or remedie. That in all Ports extremities attend them driuing them to this issue, either to quit their Trades altogether, Extremities driue the Mer­chants to shifts. or to worke it out by fauour at one Porte or other, to the displesure of the Prince, as if they con­ceald he Custumes, when they get least by it, as may bee obser­ued in the falling of sundrie, and decay of a great many.

The OFFICER com­plaineth.¶ The OFFICER, thirdly, hath his griefes and com­plaints; for vnfoulding whereof, many things concurring are first to be laide open, namely, who that OFFICER is, and what he is; for the seruice is pretended and attended on by many, each valuing himselfe aboue other, and his place and standing to be of most importance. In the viewing of whome a part and a sunder, REASON shall the better discerne and iudge be­tweene them. Arist. coutra Sophist. For Quaedam sunt & non videntur; Quaedam vi­dentur & non sunt omnino.

¶ Custumes being Effects of that CAVSE, whose Actions are conuersant about no meaner Obiects then the Ma­iestie of our Soueraigne, and prosperitie of her People; imply a Seruice, which as it requires men of speciall regard and trust: so none may vndertake it, but with authoritie and power giuen them in lawfull maner. In the Function therefore of an Of­ficer of CVSTVMES. Fower grounds to discerne by, betweene the necessarie institution and needelesse or bootles vse of their Functions 4. things are to be wayed and considered, to iustifie the lawfulnesse and necessitie of his calling. 1. The Institution, that giues him power to medle with Duties of that nature. 2. The PORT and Places allotted him for the exercise of his Office. 3. The diligent performance of his seruice, ac­cording to the importance & exigence of his charge. 4. And lastly the Countenance and proportionable Maintenaunce which in that respect he deserues and receiues.

The Officers therefore in the OVT-PORTES are fowre in number, and knowne by the names of CVSTOMER, SEARCHER, COMPTROLLER and SVPERVISORS.

[Page] The CVSTVMERS OfficeThe CVSTVMERS hold their places by the Princes let­ters Patents & great seale of England, wherby they are authori­zed and warranted, appointed & named Collectors, as well of all ancient duties vpon Wool, Woolfels &c. termed Grand Custume and of the Petie Custume, paid onely by Strangers: as also of the Subsidie of Pondage and Tonnage, graunted her Maiestie in Pri­mo ‘of her Raigne, during her life Pro defensione Regni, & custodia Maris. Concluding all with this Close. Ita quod de denarijs inde prouenientibus ad Scaccarit [...]m nostrum nobis respondeas.’ In which behalfe for the Princes securitie, before the deliuerie or receipt of any letters Patents, the Custumers are bound by themselues and good suerties, and sworn besides at their admissions, to do their endeuors, To deale iustly betwéene the Prince and her People

The whole seruice towardes the Prince and people, lyable to the Custumers onely.The PRINCE being secured, next followes the seruice of the Merchant. On whose behalfe, if any deniall or vnlawfull delay be vsed to his hurt or hinderance, the Lawe calles the Custumer in question onely, and in that respect, the Office seale is com­mitted to him, and the forme of all Warrants, of Cockets and Bonds, to the vse of the Queene runne onely in his name, as wel from PORT to PORT as otherwise.

This being the effect and whole summe of the Seruice; is the Custumers office and charge onely, 12. Ric. 2. cap. 2. And such had they neede to be, for no Officer in the Com­mon-wealth may doe more good or harme, then a Custu­mer in a shire, or the Townes of his charge. whome therefore the ‘Law doth point out and chose, From amongst the best and most sufficient men to be found, to the Lord Treasurers estimation.’ And is no more indeede then may well be performed by such a one; Prouided the Law be his Load-stone, & Equitie his Compasse, and enabled withall with Countenance and Maintenance, fit for his calling.

Thus the whole seruice, as appeares, hath but two ends, the satisfaction of the Prince, & dispatch of the Merchant. To which end, for the Custumers reliefe, that being busied within doores, might want helpe abroad, out of the necessitie of the seruice: The SEARCHER was created: The SEARCHERS Office described. Whose Office is to see that no water passe by, without the Grinders knowledge, but either to send them to the CVSTVME house, or driue them to the Exchequer, as the words of his Patent doe import and commaund: so as taking the moyetie of al forfaits and seisures ‘for his paines, De altera medietate nobis respondeas, & fidelem inde computum in Scaccario nostro reddas. And thus what the Custu­mer may not conueniently doe, the Searcher performes.’ Kee­ping entries of all Cockets, Bonds &c. passing by him from the Custumers hands, as of his owne seisures, and accomptable yere­ly, for the truth of his doings.

[Page] But as all Officers of accompt are subiect to suspition, and the man once suspected, is said to be halfe hanged: So with Cu­stumers aboue all men (as things are mistaken) it is not enough to be an honest man. For the faults or weaknesse of any one, is made a consequence to call the rest in question, as if all were cast in one mould; without distinguishing the true Causes, whereby one Error is made the Author of an other. Hence grew the institution of a third Officer in name for an imagina­rie seruice; for wanting matter to make a new function: He is to set with the Custumer; and in al things to imitate his doings, Et quasi actum agere. This man albeit as the Custumer is either honest or dishonest, be needlesse or bootelesse (only the Prince may charge her selfe with fees to as many new Officers as shee please) what wants in essence of a function, Before her Maiesties time all Custumers acomptes, were written in Rolles. The COMPTROLLER. is recompenced in title: and for keeping a Counter-rowle of the Custumers doings, is in his Patent called a Comptroller.

¶ Though Rules and directions wherewith Functions are bounded, propound indeede and intend perfection. Yet not that, whereto none can attaine: but such as all men must and may ayme at, to the end, that as farre as humaine care and fore­sight can extend; it may take place. In which respect, what more effectuall Bond of dutifull endeuour may be vrged, then the vowes and pledges which Custumers giue for their fidelities at their first admission? The nature of their seruice holding them withal, so subiect to care and feare.

In whose behalfe therefore and speciall defence: 1. Here might be much spoken to approue and maintaine, that in all Offices of charge and necessarie trust, Two generall Propositions, affirmatiue, and necessarie. hee that for his fidelitie giues the vttermost of all securitie in vse amongst Christians, ought to be absolutely credited. And that, that being done; all cautions besides, are but bootelesse effects of Ielousie and Sus­pition, iniurious to the Reputation of that Officer and hurtfull to the seruice. 2. And that where the pledge is once giuen and taken, which is the vttermost of all securities in vse amongst Christians: Of consequence if that Officer bee dishonest, he is ill chosen, and so fit to be remooued; or the Function in mat­ter or forme defectiue, and so fit to be reformed.

But truth is called the daughter of Time, and Practize and Experience the Midwiues that bring her to light, for the weake­nesse of this third Prouision or Caution, in time gaue easie way to a fourth kind of Officer, and so may doe to the fift and a sixt in infinitum, so long as the grounds and causes of offences are mis­taken or vnknowne.

[Page] ¶ Ignorance is called the mother of Error. Of Errors come Mischiefes, Truth best found out by knowledge of Error. and priuate Mischiefes proue publike Inconueni­ences: which breeding Confusion, point out Order and Perfection as Causes grow known. So that, Faelix qui poterit rerum cognoscere Causas.

CVSTVMES paid by Merchants are subiect to TRAFFICK as the Effect to the Cause.

Trafficke subiect to Occas­ions and Times.TRAFFICK ryseth and falleth with occasions and Times, the obseruing whereof, requireth Experience and Iudgement to direct; and Freedome with Judustrie to manage the same. Ex­amples wherof are all Owners of lands, that by distinguishing Soyles, and obseruing of Seasons, make vse of their grounds.

But, as if a Lord of a Mannour, that intending to make the best of his own, by his immediate Seruants, though the groūds be excellent, fertile, and good, giues charge notwithstanding, and expresly forbids them both the vse of the Plough, Custumers forbidden all Trades and Trafficke. and all means besids of manuring their soiles: wherby their wils wan­ting freedome to approue their endeuours, they reape none other yeelde, then as nature affordes; and so at the ende of haruest, falling out with his Seruants, farmes the Land vnto Strangers, who neerest themselues, first serue their own turnes, The farming of Custumes vnnaturall, and not so good to the Prince, as iniurious to the Subiect. and in raysing their rents (for the most part) make spoyle of the grounds: So fares it with the Seruants and lands of this great Feeld of reuenues. And no meruaile at al, for where things are past ouer without distinction of Times, Persons and Place; the Error in iudgement makes the Actor next hand suspected and blamde.

Thus first grew the occasion, that the CVSTVME of sundrie things became farmed out to sundrie Persons, for yearely rents certaine, and set termes of yeares. But with what vncertaine successe, the times haue declared, and the persons haue found.

For witnesse whereof, omitting times past to begin neerer hand; about the xij. of the Queene, M. Smith tooke the Cust­umes of some PORTS to farme, M. Smith. whose industrie made his gaines so enuied, that all was resumde at the end of his yeares.

After him, Sir Frauncis Walsingham was wonne to the like for some PORTS else where; S. Fra. Wal­singham. but missing the methode, how e­uer he thriued, after his death, the remainder of his terme was by composition surrendred vp into her Maiesties hands.

Then grew it a question (things so meeting together) how the same might be best husbanded, to her Maiesties owne and immediate vse, that had beene so good to some others at a se­cond hand. And because the Custumers at al hands were holden for Publicans & Sinners, a new & fourth sort of Officers became [Page]created, who at the cost of Sir Francis hauing wonne their expe­rience before, vndertooke by themselues and Deputies, To re­forme all abuses, and aduance the Queenes Custumes, in al PORTS of this Realme, LONDON excepted.

To these therfore, being fower in number: a Commission is graunted ioyntly, 4. SVPERVISORS. by the name of SVPERVISORS.

[...]. l. Occultatio. truly describing the state of the seruice. Drawen from con­cord in Musique and Order in building. To reforme all abuses, and aduance the Queenes Custumes? Bid such men wel-come, bee they neuer so many; for thats the Dyapason of all our Musicke, so the more the merier. And the base of that building so many haue vndertaken, and so fewe haue set forward; therefore the more hands the lighter worke. Prouided alwaies, they sing with the Companie, and worke in Gods name. Hoc opus, hic labor est, committed to none but "Men of the best sort only. Religious and honest indeede, as these pretend to be. Yet since in this & in al things, Virtutis laus actio, and Carpenters are alwaies best knowne by their chippes; first heare their voices and examine their cunning, for so their con­sent and harmonie will shewe their skill in Musicke, and their Disposition and Order in raysing their worke, will commend their building. For if into a Consort, ordained to sing or sound, Any or Many, should obtrude themselues, and taking vp Instruments, pretending to tune them, regard neither Rests, nor giue eare to any Time, nor sound the Instruments to find out what compasse of Musique they are ablest to maintaine; but sing to themselues, and stand winding vp Strings till all breake in sunder; would yee not catch the Instruments from the hands of such Tuners, and as Personnes either ignorant or impudent, desire such Musitians of lesse acquaintance?

Likewise in the framing and rearing some [...]ta [...]ly peece of building, such as might be the Steeple for Paules (a worke faire and farre seene, and faisible enough, for fit and skilfull worke­men) if Any or Many vndertaking to aduance it, should begin at the height, and so build downeward, or pitching the Wea­thercocke beneath, striue to raise the base end vpward, would any well aduised, stand neere such builders for feare of danger? or at least, Spectatum admissi, risum teneatis Amici?

Euen such and no better proues the skill and proceedings of these forward Reformers of abuses, and aduancers of Cu­stumes. For whilst the Custumers, set vp as it were, and opposed with the Extremitie. Discant of their lesson enioynd them to learne, and finding their Marchants. Instruments not able to maintaine such a Com­passe in Musike; were applying themselues to the The equitie of the Law. Plaine-song, prickt out to the plesingest Ditty that euer was endited, begin­ning thus.

Which fitting all Raates. Strings (the Searchers withall, at euery Close singing,

Makes a song in it selfe of Good rime and Good reason, being perfectly learned and sung with good Time and Tunable voyces; Spo [...]daeum me­los, [...] nisi Sua­ [...]e sonans. farre fuller of daintie streines of Musique and heauenly harmo­nie, then Dowlands delight, or Persons Sweete In Nomine: whilst the Custumers (as said is) were thus tuning and singing, as their skils and voices would serue; These step in at aduenture, and dis­grace all the Custumers. Musitians, for the hoarcenes of some, and accu­sing the Marchants. Instruments for their low sound; wind vp the Strings, to pitch all at the highest, and with a Catch of fower parts, like Harpers besides themselues, sing blindly together, Chaun­ting it thus.

Which fitting no Raates. Strings (their Deputies at all times lowly repeating,

They that haue eares to heare let them harken, how this priuate and chaunting Dis­cord, fitting neither Instru­ments nor voices, proue offen­siue to the State, by disquie­ting the harmonie and Con­cord betweene the Prince and her People.Makes such a noyse of No rime, or No reason, so full of dis­cords, and farre from proportion, Phrygium me­los, omniu [...] classicum & tu [...]ultuosum. so harsh for the voices, and strange for the sound: that their best RECTOR CHORI by no rules of Art can beate out their Time, nor temper their Tune. Yet see their good lucke. They notwithstanding, thus pleasing themselues (whilst all men besides, amazd at their Musicke, and doubtfull successe of their building and worke) stumbling on Fortune, prou'd more happie than wise. For indeede and in truth (let REASON be iudge) if euer men thriude vnder Prince by ignorance and seruice in conceite: These may well say to themselues, Plus quandoque valet in rebus promouendis opin [...]o homi­num, quam rei veritas. And Assay ben balla a chi fortuna suona.

But bee it knowne to all men by these presents besides (of Vnderstanding and iudgement) that as omne quod efficit Tale, oportet esse magis Tale; so the Law setting down the Rates of Custumes, and Authoritie digesting the Forme of their payments, cannot [Page]properly be said to increase or diminish, but by the same Pow­er and Authoritie, or by This found Ma. Custumer Smith full true to his happy a­vaile, trading in some things himselfe, lending stockes vnto others, and dealing friendly with all men, to holde them in doings; which brought in his profit still, for one thing or o­ther. Trafficks and free Commerce more or lesse. Otherwise, Nostrum, magis Nostrum furi nequit. Which standing most true, and then this noted withall, namely: That as it did not appeare (almost in fortie yeares together) how Trades of this thing and that thing by occasions fell in, and with time increased, and so of Custumes by consequence, the profits not seene nor obserued, whilst by Leases they ranne through priuate mens hands: so it was their better happe than foresight or skill, to come in at such an instant of Time, as when both the grace of God in an admirable sort, gaue in­crease to our The plenty of Come at their beginning, their onely good lucke, whereof they called all gaines, Custume, to make a shew of seruice. graine, and al accesses of profit met in one, to her Maiesties immediate vse together.

Wherein their Industrie can claime, neither art nor part, but in Conceite onely. For a full triall whereof (which here to set downe, would bee too tedious to reade) a bare collation of The want of these obseruati­ons from time to time, holds all Custumers so subiect, as they are to disgraces, and sus­pitious suggestions. Matters and Times before them and since, for fortie yeares past; would satisfie all and make this no question.

(But by way of Parenthesis, if to profit the Hundred by im­pairing the Shire be holden for gaine, Pretence of zeale to the Prince, without regard of her people, is preposterous and dangerous in all publike ser­uice. then do them no wrong, and let it be graunted which they so desire. Yet take this with­all, That their seruice beginning with Ecclipsing the The equitie of the Lawe ec­clipsed by licences for Corne, shewed their seruice at the first. Moone, which neuer fals out but when shee is at full: was a naturall consequence of their immediate Declining; and of a fearefull assurance of a Mischiefe to come. Wherof one The Dearth succeeding for want of the forestore, exhaust­ed by priuate licences, against the wise prouision of the Law Storme is past, God send vs no more, and let this bee a lesson for euer hereaf­ter, that, To out runne the Law, is to hast to confusion.)

Yet since euery new Officer, implyeth new matter fit for a new function, and none may assume more to themselues; then a greater Power doth conferre, ( These hauing erected to them­selues a place for a priuate Office, and deuised a publike Seale) as of the Rest, so see their Commission.

Their Commission is ioyntly, and containes onely their Name, Their Commission. with a power by themselues and Deputies; to doe such and such seruice, as in a Schedule is ordered, and there to an­nexed.

The Schedule hath Articles twelue or thirteene. All formall and nothing materiall at all. Their Schedule. For what was assigned to Comp­trollers before (if that were to purpose) is here but repeated; as sitting & signing Cokets and Bonds, and keeping a Booke as the Custumers doe. With searching of Shippes for prohibited wares, contained in the Searchers Patent likwise. Which serues to no vse; but to charge the Custumers at each accompts ending, with tedious delayes, All Mischiefes are heaped on the Custumers onely. and treble expences for the Auditors paines. Two things onely are specially forbidden, that they [Page]delay not the Merchant, nor take any fees, and howe they are performed God knowes best, but the Merchant can tell.

Thus. The CAVSE at the first, mistaken or vnknow­en, bred Error in the MATTER and FORME, and so consequently Defects in the general Seruice. Whereof Igno­rance taking hold, accused the CVSTVMER as Actor next hand and onely bound for all. Necessitie, for the Custumers reliefe, fitly found out the vse of a SEARCHER; but his loosenesse and libertie bewraying his Negligence, (Ne quid asperius) made Iea­lousie and Suspition, deuise a kind of COMPTROLLER. His needlesse or bootelesse calling; gaue easie way to the newe SV­PERVISORS and their Retinue, whose confident Presumption, combining with Ignorance (their special Vpholders) made them vndertake they knew not what, and to goe forward they carde not how, in Opinion onely and Conceite, to cure all sentes of Leekes or Onyons by eating Garlike. Hence grow Conten­tions, Disorders, Offences and Complaints of the PERSONS.

The Mischiefes whereof, though the MARCHANTS and CVSTVMERS in speciall deuide betweene them; the generall In­conueniences extend to the PRINCE her selfe, her Al­lyes and most Loyal Subiects; the importance wherof, the GRAVE and godly WISE; will in due time bee pleased to consider, and remember with all:

¶ Thus farre the ATTVRNEY and SOLLICITER generall, (Experience and Truth) hauing pleaded before EQVI­TIE and REASON, on the behalfe of TRAFFICKE, no lesse dangerously supplanted by the Custumers disgrace, then the Merchants extremitie; in true Zeale of the Princes ho­nour, and Good of her People; began here seriously to lament and bewaile the vnfaithfulnes of such, as ignorantly haue beene the cause, or wilfully persist to maintaine the burdening of the Custume houses, with such swarmes of vnfit and needlesse Instruments, that as Razours cutting off the life of Custumes, and wrangling out disorder by a greater confusi­on, so liue by their places, that in time they must needes bee the [Page]death of the Nurse her selfe that feedes them. But the wisdome of the Iudges, moued rather with the weight of the CAVSE, then passion in their Plea (looking backe to the time) bid them goe forward.

¶ Now then, see what hath beene said; and so hast to an end.

The PRINCE (as aforesaid) is iustly offended, & the Merchant likewise hath laid downe his griefes. These are the fower sorts of persons that attend Custume causes, amongst whome, if any complaine; these last haue no reason to looke to bee pittied, for that obtruding themselues into other mens workes, vnderta­king a taske exceeding their skill; like men in amaze, striue still to goe forward, and in doing lesse then nothing, would seeme to doe all. Accusing the Custumers. Calumus and [...] audacter, vt alis quid adhareat. Not vnlike to insolent and ignorant Huishers, that lawlesse themselues, know no rules of teaching, but beating the Schollers.

But this by the way wilbe wel worth the noting, how gene­rally iust, 1. [...] ¶ regula veritatis as necessarie true, the old rules of Art and Propositions of reason, continue and stand. Namely, Quam frustra fit per plu­res, quod fieri potest per pauciores. 2. [...]. ¶ regula Justitie And Institutio ab i [...]stio inutilis, expostfacto non conualescit. For as these Superuisors doubting at the first, 3. [...]. ¶ regula sapientie the holding out of their Deputies good abearing, and wisely looking into the weake foundation of the Comp­trollers, whose Office themselues foresaw to be idle, and so ea­sie to be out-faced; by their new Companie and accesse, the seruice is become so violent, so intricate and out of order, that in the confusion, the Searchers that only haue best meanes, and by Office should concurre and assist the Custumers, leaue the QVEENE to the Custume house, and enquire the next way to their owne priuate profit.

The Custumers onely haue cause to complaine.In which distresse, the CVSTVMERS in displeasure with the Prince, in disgrace with the world, forsaken of their best Helps and Associats the SEARCHERS: Quàm iniquè comparatum sit, videri [...]t Reipub. Patres, ip [...]y; Vnlitas, quùm Quod opti [...] iure, Optimis tantúm destina­tum sit, Munus: nunc tandem è Vulgi collu [...]ie hominum Pes­simis prestituatur. in the midest of a number of lawlesse, hungrie, and for the most part ignorantly wilfull De­puties, that like defectiue HETEROCLYTS, wrangle with the very rules of Grammer (pittying the Merchant) sup vp their owne griefes, and bemoane themselues in this maner.

¶ That the meanes to enhable them to seruice, viz. Counte­nance and Maintenance, are withholden from them and con­ferred vpon others. That their seruice notwithstanding is like the making of Bricke in Egypt, for wanting meanes to per­forme their Taskes, yet haue idle Taske masters set ouer them, whose credite hath no (being) but in their disgrace.

[Page] That the Lawe it selfe, so good and iust in generall, is made both hurtfull to the Prince in their publike function, and iniu­rious to themselues in their priuate callings. For that, where­to they are precisely enioyned at their admissions, and which in respect of their places and charges, The Law is made to debarre Custumers from their best en­deuours. they should and might best performe; by one and the same way to the Princes imme­diate profit, which others at the second hand haue made so a­vaileable for themselues: The Custumers of all men are by sta­tute forbidden, namely, to meddle with any Trade or Traffick.

That their seruice besides is no thanks to themselues, but a Countenance and meanes of Maintenance to others.

That They, notwithstanding, vnderly all kind of Expences and hazards incident to Custume causes, and others not tou­ching the burden with their fingers, for crying ayme onely, reape thankes, reputation and reward. For (omitting extra­ordinaries) their expences for their Bands and Suerties, to an­swere al Duties & subiection besides, is an vnknowne bondage and burden, in respect of the libertie the rest doe liue in.

No Custume-houses built by the Prince in the Out-Ports. They onely are to prouide, hire and furnish for euery Porte of their charge a conuenient Custume house, which besides Tables, Deskes and necessaries fit for such places, are hardly hired for 40. a peece of yerely rent, So as where (for examples sake) there are fiue Portes; he writers owne chardge in Kent. 5. Portes. for fiue Custume houses, the Custu­mer is chargeable with the yearely rent. Of. 10. ot. 12.

At each of these fiue Custume houses, must be intertained a discreete Person: for though any be fit enough for the Superui­sors turnes (as matters doe stand) yet it stands the Custumer in hand to vse choise, and honest men of the best education (the seruice passing in Latine) for his owne securitie. And vnto such, lesse then twentie markes wages, and as much for dyet cannot be offered. Which yearely is a charge of two hundreth pounds, or more. the Head-Porte considered in proportion.

At these fiue Custume houses, what euer is spent in Incke, Parchment, Paper, and Wax, is supplied alwaies by the Custu­mer only, which yearely may be a Matter of some. 10. pounds.

¶. Besides. The hazard of the Queens money, that of necessitie is to passe by Bils of Exchange through sundrie hands (being al­lowed no Portage money) is an vnknowne hazard, trouble, W [...]t of Portage m [...]ney. and care to the Custumers onely, which the rest breake no sleepe for.

Theirs also are all charges, expended in ryding or sending from place to place, as the seruice fals out by letters, or Order from the Lord Treasurer or Exchequer.

[Page] Lastly, They put in their Bookes twise a yeare, to their dou­ble charges, which the rest performe but once yearely, for fashi­ons sake onely, without expence or attendance, leauing the Custumers onely to abide to follow; and to pay all Duties, Fees, and whatsoeuer charges to Officers and others. Wherein the best part of their wages and reward from the Prince is consu­med, but vsually the one halfe, if not two parts of three, as be­ing more delayed, and accumbred with the confused entries, and writings of others Bookes, by carelesse and ignorant De­puties, then any of their owne, as the Auditors can witnesse. Which kind of bondage of Custumers the rest in their freedome doe many waies insult vpon, colouring their doings alwayes with the generall Pretence of her Maiesties seruice.

Of all which expences both certaine and casuall, the Sear­chers, Comptrollers, and Superuisors, beare no part, each posses­sing his life with libertie, his wages with quietnesse, and his Trade with credite, and as it were altogether liue as they list. Whilst the Custumers ouer-borne, and debarred all Trafficke and meanes of good seruice and thrift, are in case like the Mer­chant (aforesaid) forced either to quit their places, though with losse, Quod Necessitate cogitur, Necessitate defenditur. or relieue themselues as they may by one meanes or o­ther, as Necessitie compels them. Extremities breeding no­thing but shifts.

¶ Hauing thus farre layd open the state of the seruice, (ac­cording to three of the fower Considerations afore laide downe) with the bondage and expences depending: Which (as appeares) the Custumers onely vnderly; there resteth in a word or two, fourthly, to shewe the proportions of rewards, which alone being but indifferently weighed, ma [...]y happily helpe to excuse them hereafter, though the age we liue in, giue small hope of reliefe.

Fees and rewards for Seruice allowed by the Prince.The Fees and Rewards yearely allowed by the Prince to the Custumers and Comptrollers ioyntly (the Searcher is allotted the moyetie of all seasures) in all the OVT-PORTES of this Realme amount vnto the summe of 1240. little vnder or ouer, whereof the Comptrollers receiuing for their parts about. 340. the rest being some 900. serues the Custumers among thē. This 900 deuided into three parts, two at the lest are spent in passing, at­tending and clearing accompts. So rests not aboue 300. di­uisible among them, to recompence their bondage and ser­uice, being lesse then the Comptrollers receiue with freedome and ease.

A proportion very hard and vnknowne, but to those that find it by experience, yet the same compared with the Superui­sors; [Page](whose seruice and the Comptrollers is one and the same;) commes to a farre lesse reckoning. For where the Custumers being in number 20. deuide about 300. Deductis deducendis (as is aboue said) among them all, and that vpon accompt at the yeares end. The Superuisors being but. 4. receiue by De­bentur out of the Exchequer, (for their good seruice) 425. euery quarter, 1700. li. Yearely for no seruice at all. which coms to 1700. yearely without accompt or reckoning.

The Custumers stand cleared before God and the world, of the Princes offence, and all other slaunderous reports and suggestions against them and their calling.By this time the VNDERSTANDING READER may discerne betweene est and videtur: and who is that Officer hath cause to complaine. And the Prince hath wherewith to bee satisfied in both the grounds of her displeasure, at least not to bee longer offended with the distressed Custumers. For by the Lawe of nature and Nations both Imputari non debet ei per quem non stat, si non facit quod per ipsum est faciendum. The reason is yeelded withall Quia culpa caret, qui scit, & probibere nequit.

................................ ADSIT REGVLA, Peccatis qua poenas irroget aquas.

¶ The Marchantes haue beene heard to say for themselues. Now the COMMONS presse forward to speake in their turnes, but they are too many and the time almost spent. Therefore heare but the PORT-TOVVNES, and reade their short Petition.

The life of all Custumes is Trafficke and Commerce: In which kind of calling, the Merchant of all men is to be fauored, che­rished; and incouraged in all Common-wealths.

All Traffique is either Ourward or Inward, of things bread at home or abroad. And albeit that Kingdome or Countrie be holden most wealthie and happie, that is ablest and aptest to spare and transport Commodities of their owne, wherein this Iland may compare with the best; yet since no place is ex­tant so absolutely blist, as in all points to stand and subsist of it selfe, by the benefit of Entercourse and Traffique, bounded by Lawes, Speciall treatise, Leagues, Oathes and Decrees, al wants are supplied, each Part intending the best for it selfe, according to Reason, Wisedome and Pollicie. Which with vs heere in England hath euermore aymd at the encrease of our Ship­ping. The encrease of the Nauie.

This necessitie of mutual Commerce, by the malice of Time stands mightily enuied, and by Enemies abroad many wayes interrupted; if withall it become disturbd among Equals at [Page]home, when the generall is wrong, Particulars grieued cannot but grone.

Aboundance and obstructions distempering London, cause a disposition to consumption in all Portes besides.Such hath beene of late yeares, and yet is the State of deal­ings & Trades within our selues; for the Cittie of LONDON, as the Liuer in the body receiuing the Chylus from all parts of the Stomacke, by detaining the bloud from the rest of the veines; is both inflamed & distempered in it selfe, and iniurious with­all to all her fellow Members.

In which estate, though the whole Commons seeme enga­ged, and deeply interessed (for it may bee the case of each pri­uate Subiect) the Port-Townes in speciall; consisting of Artificers and Traders, Masters of Shippes and Mariners, doe most grieue and therefore complaine.

That albeit as Subiects vnderlying the brunts of all forraine attempts and troubles, The Out-Ports Complaint. liuing vnder one and the same Lawes, ready at all commands of publike seruice by Sea & by Land, as the other Subiects and Townes of the Realme are: And as li­able to all duties and paiments of Custumes, Subsidies, Fifteenes, Priuie seales, Loanes, & such like, yea as LONDON it selfe, is euery kind of way (for the proportiō of their abilities) yet contrarie to the generall libertie of Eng­lish Subiects, they are abridged enuied, and as it seemes, helde This hath relation to the strange and vnnaturall courses, holden in that Cittie, to drawe all dealings thither, debarring, and from hand to hand, by Tickets limitting things sent into the Countries. As if all Citties, Townes and Places else where were but S [...]burbes, All Portes but Creekes and Members, All Officers but Deputies depen­ding on London, No Matter vendible, and so no Trafficke lawfull, but at, or for London. From whence as from the fatall Box of Pan­dora are flowne, and doe dayly proceede a great part of the euils, wherewith the whole Realme is become so perplexed. For thereby the free and lawfull Trafficke betweene equall Subiects, is violently impeached. Trades and Occupations in the Citties, and In-land Townes are generally decayed. Whereby the Commons empay­ring, grow discontented, and the poore for want of worke, forced out to begging. The skirtes and Out-Ports of the Realme grow dan­gerously desolate of Trades and destitute of Marriners and Shipping. The Princes Custumes, there consequently decreased. The Custumers without distinction by all meanes disgraced. And the Marchantes of all sortes discouraged, wearied and made a pray to a worlde of rauening and lawlesse creatures, of whome, as of Harpies may be truely spoken. Virg. Tristius haud illis Monstrum, nec saeuior vlla Pestis & ira Deum, Stygiis sese extulit vndis. No monsters like to these might hap, nor curse from God befal Nor from the pit of Hell arise, to plague a Realme withall. VNWORTHIE, the very super­fluities of that Citties aboun­dance, to their manifest decay, (for want of free Trafficke) in their Inhabitants, Mariners and Shipping. And that all things being drawne into Priuate soci­eties, are there so ingrossed, that ENGLAND is but LON­DON, and LONDON also seemes abridged in it selfe.

In which distresse the PORT-TOVVNES appealing in all hu­militie to the PRINCE, their onely comfort is, that albeit her Maiestie as a Mother of all her Children in her Sacred Loue and Royall. Af­fection (as well may beseeme Her) stand gracious to some more then the rest: A naturall & liuely Similitude of the Princes PRERO­GATIVE yet that her Storge and naturall inclination to Iu­stice, affords bread to the meanest, and intendeth at least, that all should enioy their birth-rights in the generall treatise of [Page] Entercourse abroad, and Common Lawes at home, to growe vp thereby to liue to her Seruice and the Common-wealth.

Let not LONDON therefore enuie her fellow Subiects to breath common ayre any longer, liuing vnder one and shee so good a SOVERAIGNE; nor disgrace her fellow seruants of equall place and function, for the reasons afore laide downe.

And in LONDON more spe­cially the Societie of MAR­CHANTS The Argument of this Discourse, being the Aduancement of Cus­tumes, and the drift thereof, Honour and Peace to the Prince and her Kingdome: was resolud at the first to depend efficiently on Trafficke. That Trafficke consisted of fower essentiall Parts or Pillers, Matter, Persons, Place, and Order. That to maintaine Trafficke and so con­sequently Custumes, &c. Was to procure and cherish in all Matter, Goodnesse: in all Persons, Loyaltie and Friendship: in all Places Conue­niencie and Freedome: and in all Order generall Equitie, the best Rules whereof, were onely to be found in the Certaintie and Indiffe­rencie of the positiue Lawes, Treaties and Contracts of mutuall Com­merce. But the Marchants Aduenturers, not knowing or not regar­ding these fower essentiall grounds together, run away with Traf­ficke, as if it stood onely in the choise of Persons, and by their vneuen, vncertaine and violent proceedings, holde all men vnder to keepe themselues aboue. Terming all Enterlopers that would liue by the direct and set Lawes of Trafficke, as if all were bastards, and scarce good Christians, at least no Loyal Merchants nor Friends, but they and their Societie. And by a bare and idle pretence of the word Order and orderly transporting the Credit and Creame of the Land (Cloth) haue brought the Trade there of to a kind of confusion, and themselues to such a Laborynth: that besides the distresse of the (Clo­thiers) withall their Dependants, and generall complaints at home (to their Ho. Lordships endlesse offence and trouble at the Councell Table) the Commoditie it selfe is impayred, abased and in a sort despi­sed, and the State withal dangerously deuided & vnkindly at Iarre with her auncient Allyes and best forraine Friends. ADVENTVRERS, that sometime haue beene as curious to keepe and debarre men from their MART-TOWNS as now they seeme violent to force all men thither. Least by their vnquiet and vncertaine Instruments and forme of pro­ceedings, they make good at home amongs themselues and within themselues, against thē ­selues, that, Straungers haue feared, written and forespo­ken, ‘terming them a Priuate, Particular, and Preuenting com­panie.’

¶ This is the state of the CVS­TVMES, as they are at this pre­sent, fit for the GRAVE and WISE to knowe and consider. The reformation whereof, though none but Authoritie may promise and performe; yet common Dutie makes it lawfull in all to wishe and further. Vnto whome therefore in all Submission, the PORT-TOVVNES for themselues and their Cities & In­land Townes of this Realm. FRIENDS, by way of remembrance, doe make this Petition.

QVi Reipub. praesunt, Cic. Offic. li. 1. vt duo praecepta teneant. Vuum, vt vti­litatem Ciuium sic tueantur, vt quicquid agant, ad cam re­ferant, obliti commodorum suorum. Alterum, vt totum corpus Reipub. curent, ne dum partem aliquam tueantur, reliquas dese­rant. Qui autem parti consulunt, partem (que) negligunt, seditiones & discordias inducunt. Ex quo fit, vt alij Populares, alij Optimi cuius (que) studiosi videantur, pauci vniuersorum.