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Deficient； as the want of Money； or the East India Stocke； which
have their Remedy before： or Efficient； as Usury and Litigious
Suits of law； to the Remedies whereof we now proceede。 The Remedy
for Usury； may be plenty of Money。 For then； men will have no
such cause to take Money at interest； as when Money is scant。 For
as it is the scarcitie of Money that maketh the high rates of
interest： so the plentie of Money will make the rates Low； better
then any Statute for that purpose。 For although in the
Netherlands； it is lawfull for a man to take twenty in the
hundred if he can get it （wherein it seemes the Author of the
Tract against Usuary was misinformed） yet there； commonly money
is let at 6 and 7 in the hundred； by reason of the plenty of
Money。
Or there is another Remedy for Usury； in giving liberty to
the subjects if so it may seeme good to His Majesties High
Wisedome） to buy and sell； and to transport Billes of debt from
man to man： according to the Custome of Germany and the Low
Countries。 Which is found to be an excellent meanes to supply
mens wants in course of trade； and tendeth also to the enlarging
thereof。 And for the Extorsion upon the poore above noted： if a
stocke of Money were raised in manner of a Lumbard； or otherwise
in London； and in the Countries whre much poore depend on
Clothing； and else…where where there is cause； whereby the
multitudes of poore wherewith the Kingdom swarmeth； might be from
time to time supplied for a small consideration； it would
certainly give great encouragement to the poore to labour； it
would set on worke many fatherless children that are ready to
sterve； it would benefit the Common…wealth by their labours； and
it would be an acceptable worke to Almighty God； so to supply
their wants； and not to suffer the faces of the poore to be
ground by the extorsion of any。 And I am perswaded； that every
good man would be willing； either to give； or to lend； toward the
raising of a stocke of Money for this purpose。
For Litigious suits of Law； if men bestowed halfe that study
and cost in trade； which now adies is spent in temerous and rash
suits of Law； surely the benefite that thence would arise to the
Common…wealth； would equall or exceede in value； that which is
spent in Law； which I thinke cannot be valued。 The Remedy
requireth great consideration for such is the Cause。
That the suites of Law in this Kingdome are now infinitely
increast； to that they were in elder times； I thinke it is out of
question： the Quaere is about the cause thereof。 Litigious suits
of Law； may seeme anciently to have beene restrained； either by
Sureties； or Fines； or both。 Of the Former there is yet a defaced
print in the Common…Pledges of Doe and Roe。 Which were of old the
names of true and reall sureties； but are now become formall
only； and saigned names of Course and Solemnity。 Whence also it
is； that in staed of Reall sureties in London； saigned sureties
are devised fromt he dwelling of the party Plaintife： As for
example： if the plaintife dwell in Cheape…side： they enter for
his Sureties upon the Record of Court； John Cheape； and Richard
Side。 And in like manner whresoever else the Plaintife dwelleth。
Of the Latter； to wit of Fines； the use of them both in the
Kings Bench & Common…Pleas； continueth unto this day。 In the
Kings Bench the Fines are not so ancient for those began in the 8
yeare of His Majesties Happy raigne over this Kingdome： neither
are they of like value to those of the Common…Pleas。 Whereof His
Majesties made then a Graunt to certaine Patentees for terme of
yeares。 But in the Common…Pleas； the Fines upon Originall Writs；
are held by the learned in the Law； to bee as ancient as the
Common…Law it selfe。
Now whether the use of Sureties； or the Institution of Fines；
were invented for the restraint of Ligitious suits of Law： or the
Disuse and inequality of them； tendeth to the encrease thereof； I
humbly leave that； to the wisedome and judgement of the Reverend
Judges； and others learned in the Law： least I seeme ｛Greek
phrase omitted｝。 Neverthelesse there seems to me； to be a print
of them； in the Lawes and Customes of Forreine Nations。 For
which； if you please； let us heare Maimon a great Rabbi。 Hebraei；
litigiosum hominum genus； saith he； duplum rependere coegerunt；
qui debitum scienter denegaret。
Also Festus Pomeius； cited by Bodin。 Romani； decimam partem
eius rei； quae in controversiam veniret in privatis； aut
trouersiam veniret in privatis； aut quintam in publicis iudiciis；
imperiabant； Ac licet Romanie in Republica libera； Vectigalia &
tributa imperare fibi difficilime paterentur； Vectigalia tamen
Iudiciaria patienter tulerunt。
Also Hootoman。 Romani Sacramentum constituerunt； certam viz。
pecuniae summanm； ut qui indicio vicisset； suum sacramentum
auferret； victi aute ad aerarium rediret。
And lastly Bodin。 Carolus IX。 Vectigal Iudiciarium ad
cohibendam litigatorum hominum indomitam atque effrenatam
licentiam imperauit。 Quo vix ullum afflictis aerarii opibus
utilius； & Galliae Imperio litium innumerabili multitudine
appresso； splendidius cogitari poterat。
There is also in France an excellent restraine of Law suits；
by a Law Merchant； establihsed in Roan； Lions； and Tholosa：
whereby the other higher Courts of Justice are eased of those
Knotty questions that often fall out in matters of Commerce；
which are harder to bee determined by the learned in the Law； and
not so hard for Merchants and men of Trade。
Like to which； is that of the Court of Conscience； and the
office for Pollicies of Assurance in London。 The one granted by
an Act of Parliament； in the 3 yeare of His Majesties happy
Raigne； the other by the Stature of 43 Eliz。 And both are
executed by Merchants and men of Trade： though in the latter the
Statute joineth certaine Civill and Common Lawyers with them in
Commission； to assist them when there is cause： because such
Assurances are grounded on the Civill Law。 By which meanes His
Majesties other Courts of Justice are eased of the multiplicitie
of Questions that might arise by suits of Law of this kinde。
And thus having been bold to make this short relation of my
poore observation herein； I most humbly submit this Remedy to the
High wisedome of His Majestie； to dispose thereof in such Manner
and Measure； as the Nature and Number of the suits of Law； at
this day in this Kingdome doe require。 In the restraint whereof
His Majestie shall have great Honour： His Kingdome Peace： the
Judges Ease： the Subjects quietnesse； and the Common…wealth
increase of Trade。
The Trades considered apart； I reduced to such； as tend to
the Fortification of the Kingdome； or Maintenance of Trade。 The
former I noted to be Ordinance or Munition。 In which case the
Philosopher giveth good Counsell； ｛Greek phrase omitted｝。 Sic
amandum tanquam sis osurus； sic oportet edisse tanquqam sis
amaturus。
The latter I reduced to Fishing and Clothing； as the
Nurseries of Trade。 For the Fishing； the infinite treasure that
Strangers search out of our Seas