that they thought it neceffary to recal * them; And then the City of London began their Com→ plaints; but met with an abfolute Repulfe: For Experience had taught the King and the Parliament to diftinguish between the general Interefts and Welfare of the Kingdom, and the monopolizing Views of Individuals. This Prince proceeded farther; and in the thirty first Year of his Reign, granted a Charter of Protection to Merchants Strangers, which contained confiderable Privileges, when compared to the Difficulties they had formerly laboured under.

BUT the greatest Hardships ftill remained unredreffed; particularly, that a Foreigner was liable to be arrested for the Debt of another, or to be punished for his Misdemeanor. It seems likewise very probable, that the Con

tents

"In the 18th

*Coke's Second Inftitute, Page 741. "Year of Edward I. (that is about five Years after the "Merchants Strangers had been fined and imprisoned, 66 as above related) in the Parliament Roll it is contained "thus, Cives London. petunt, quod Aliegena Mercatores expellantur à Civitate, quia ditantur ad Depaupera" tionem Civium, &c.

"Refponfio, Rex intendit quod Mercatores extranei. "funt idonei & utiles magnatibus, &c. & non habet "Confilium eos expellendi.”

+ THIS Charter is not to be found among the Public Acts of Edward I. but among thofe of Edward III. where it is recited at large, and confirmed anew. Sec Rym. Vol. IV. Page 361.

tents of this Charter were but little obferved in the Reign of his Succeffor, Edward II. For this indolent Prince regarded nothing but to please his Favourite Gavefton, and to spend all the Money he could bring together, in Diverfions and Entertainments. In the mean Time, the Citizens of London, and the Inhabitants of other Towns and Boroughs, were at liberty to moleft the Foreigners as much as they pleased. And indeed, the Broils which enfued between the King and his Barons, were another Cause which must have difcouraged Strangers from fettling here.

Now, as it is obfervable, that during the Times under our prefent Confideration, the whole Trade of these Parts of the World centred in Flanders, it may be worth while to enquire, whether the fame Policy prevailed there, or what other Meafures were taken in relation to Commerce. And nothing can fet this in a clearer Light, than the Answer of Robert, Earl of Flanders, to the Request fent him by our King Edward II. to cut off all Intercourse with the Scotish Nation, whofe King, Robert Bruce, was, as he alledged, in Rebellion against him, and excommunicated by the Pope. To this, the Earl returns a most respectful Answer, but adds, "We must

not

"UNDE veftram Magnificentiam volumus non latere, <quod Terra noftra Flandria UNIVERSIS CUJUSCUM

66

" QUE

1

not conceal it from your Majefty, that our Country of Flanders is COMMON TO ALL THE WORLD, where every Perfon finds a

FREE ADMISSION: Nor can we take away "this Privilege from Perfons concerned in "Commerce, without bringing Ruin and De"folation on our Country. If the Scotch come "to our Ports, and our Subjects, go to theirs, "it is neither the Intention of Ourselves, nor our Subjects, to encourage them in their "Error, or to be Partakers of their Crime; "but only to carry on our Traffic, without taking Part with them."

IT was the Opinion of this wife Prince, that his Country could not have too many People in it, though it was already the most populous in Europe:-Neither was he afraid, that the Subjects of other Powers would fteal away the Secrets and Myfteries of Trade, though Flanders was known to be the Rendezvous of the most expert and ingenious Artifans-Nor yet

was

QUE REGIONIS COMMUNIS EST, & cuiq; liber in "eadem patet Ingreffus. Nec poffumus Mercatoribus, "fuas exercentibus Mercaturas, Ingreffum, prout hac❝tenus confueverunt, denegare, quin ifta cederent in "Defolationem noftra Terra & Ruinam. Et fi Scoti

ad noftros Portus declinant, & noftri Homines ad "Scotia Portus declinaverint, Intentionis noftræ, & "noftrorum, non eft eos propter hoc in Errore fovere, "nec in Crimine cum eis participiendo comitare, fed "folum Mercaturas exercendo Partem minime facien"tes." Rym. Fed. Tom. III. Page 771,

was he apprehensive, that fuch a general Naturalization would tempt the Beggars and the Lazy of other Countries, to come in Swarms to eat up the Riches of his own, though his Situation on the Continent, had this been a probable Confequence, might have given him much more Caufe to fear it, than ours can give us, who live in an Iland:Laftly, he very juftly diftinguished between holding an Intercourse with People for the Benefits of Commerce, and embracing their Principles, or partaking of their Crimes.

This

BUT his Maxims were too large and noble to be understood by an ignorant, or relifhed by a prejudiced People. And we do not find, that Strangers were able to obtain any reafonable Settlement in England, or juft Protection, till Edward III. came to the Throne. great and wife Prince, in the fecond Year of his Reign, renewed the Charter of Protection, which his Grandfather, Edward I. had given to Strangers. And finding that this was not Encouragement enough, he caused a Law to Be made feven Years after, for their better Security, and greater Inducement to fettle here. This Statute was made in a Parliament held at York, 1335. fome Parts of which juftly deserve to be particularly cited. In the Preamble it is obferved, "That grievous Damage *have been done to the King and his People, "by fome People of Cities, Boroughs, Ports

of

rr

* of the Sea, and other Places of the faid Realm, which in long Time past have not Suffered, nor yet will fuffer Merchants Strangers, nor others, which do carry and bring in, by Sea or Land, Wines, Avoirdupoize, and other Livings and Victuals, with divers other Things to be fold, neceffary and profitable, to fell or deliver such Wines, Livings, Victuals, nor other Things, "to any other than to themselves: By reafon "whereof, fuch Stuff aforefaid, is fold to the "King, and to his People, in the Hands of "the faid Citizens, Burgeffes, and other Peo"ple Denizens, more dear than they should be, if fuch Merchants Strangers, and others, "which bring fuch Things into the Realm, might freely fell them to whom they "would:" It was therefore enacted, that these Merchants Strangers should be at liberty to trade, buy, and fell, according as they pleafed, with out Disturbance or Interruption.

1

Now this Prince always bore the Character of being one of the most fagacious, that ever fat on the English Throne. And Historians have obferved, that there were more good Laws made in his Reign, than in the Times of all his Predeceffors. His Maxim was to prefer the general Welfare of the Kingdom, to the Interest of any particular Society. Let us therefore judge of this Law by its Effects. C.. 1. THERE