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decay of trade。 Wherein certainely this Kingdome exceedeth all
other kingdomes in the world。 As the Justice of this kingdom is
the Diadem of the King； and doth stabilire Regis thronum； and
tribuere cuique suum： whereby men may five Caesar Caesar's； and
meum and tuum one to another： so is the Justice of the King； in
the sacred person of His Majestie； amongst other His Royall
Vertues； and Embleme and represation of highest Majesty： and it
is an incomparable happinesse of this kingdome； to have such a
Malchizedec； a King of Justice； a King of Peace。
Neither may I forget that Royall testimony hereof； which is
worthy to be written in letters of gold； and thankefully to be
remembered of every tongue and pen； whereof amongst others more
worthy； it was also my happinesse to be oculatus and auritus
testis： when His Majesty in a Star…chamber assembly； lifting His
eye toward heaven； and laying His hand on His Sonnes head； made
such a solemne protestation of His sincerity in Justice； as may
serve for a matter of admiration and imitation； to all the Kings
on earth。 Those that went before； and they that followed after：
Those that heard it then； and they that heard of it since； said
it was ｛Greek phrase omitted｝ Nec vox hominem sonat； o Deus
certe！
If such then be the Justice of the King and the kingdome； how
is it then that Trade is hindered by suits of Law。 Herein
Columellae's counsell is remarquable； Principi providendum est；
ne legibus fundata civitas； legibus evertatur。 There cannot be
too much Justice； ther may be too much Law。 For the use of
Justice is excellent； in conteining men within the bonds of
civility and honesty： in preserving men from injurie： and in
maintaining every mans right & propriety。 But the abuse there of
is a most pernitious and dangerous surfeit in the body of every
Common…wealth。
And this is our case in this Weale…publike； no Kingdome hath
better Lawes； no kingdome so full fraught with tedious；
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 S