166t Foreign Commerce. [Ch.X. Sec. I. •' To the Right Honourable the Lords Commissioners for Trade and Plantations.
- « My Lords,
" In obedience to your Lordships' commands, signified to me by Mr. Popple, I have perused and considered the several letters relating to the establishing several manufactures in foreign parts by British artificers; but, as the case is not particularly stated unto me, it will not be possible for me to give a direct answer to the question proposed. I shall, there- fore, beg leave of your Lordships to consider it something at hirge, and to lay down some general positions, which I take to be agreeable to the law of England ; a right application of which, I believe, will in a great measure amount to an answer to such inquiries as may be made. " That particular subjects should have an uncontroulablc liberty of all manner of trading, is not only against the policy of our nation, but of all other governments whatsoever. I do^ therefore, take it to be law, that the Crown may, upon special occasion, and for reasons of state, restrain the same ; and that not only in cases of war, plague, or scarcity of any commodity of more necessary use at home, for the provision of die subject or the defence of the kingdom, &c. (in which case the King's prerogative is allowed to be beyond dispute), but even foi^ the preset-vat ion of the balance of trade : as, suppose a foreign Prince, though in other respects presei-ving a fair correspon- dence, and in amity with us, yet will not punctually observe such treaties of commerce as may have been made between the two nations; or in case there are no such treaties existing, ' refuses to enter into such a regulation of trade, as may be for the mutual advantage and benefit of both dominions : on such occasion, I am of opinion, that the King, by his prerogative, may prohibit and restrain all his subjects in general from ex- porting particular commodities, &c.; or else, generally, from trading to such a particular countrj'^ or place : since trade does not only depend upon the will or laws of the Prince, whose subjects adventure abroad to carry it on, but also of that Prince into whose country the commodities are exported, and with whose subjects commerce is negotiated and contracted; without such a power it is obvious that the government of England could not be upon equal terms with the rest of its neighbours, and since trade depends principally upon such treaties
