An Essay on the East-India Trade [11]
And I am satisfied that many (without doors) promote the bill in question, in hopes thereby utterly to destroy the traffic. And truly, my lord, it seems plain to me, that the intended prohibitions must prove, though not a sudden, yet a certain destruction to it. And that it is a lopping from this trade the branches, and taking away some of the bark, and part of the root; the trunk indeed is left, but so maimed and injured, that it can never spread and flourish. If it can be made appear, this prohibition is noways to be rendered effectual; and if it can be shown, that the said prohibitions will utterly disable the present East-India company, or any other to be hereafter erected, from supporting and carrying on the trade, to the advantage of England, your lordship will certainly think the bill, now afoot, of dangerous consequence, and not fit to receive a sanction in the house of peers. No prohibitions of a foreign or domestic commodity can have any effect without sumptuary laws, strictly penned and rigorously put in execution. For the importation of French wines and linen has been forbidden under high penalties during this war, yet the consumption of those sort of commodities is not much lessened, and they are brought in upon us from other countries, at much a dearer rate. For these three years last past, French wines have been conveyed hither by the way of Spain and Portugal, and the French silks and linens have been all along secretly brought and smuggled upon our own coast. Perhaps, if severe sumptuary laws had imposed a high duty or penalty upon the consumers of French wines, silks, and linen, the prohibition might have had its designed effect; but how such laws could have been made practicable, I shall not pretent to determine. In the same manner, if a severe mulct, or a high duty, can be laid on such as shall wear or use any India or Persia wrought silks, bengals, etc. and if this were superadded to the prohibition, peradventure it might be rendered effectual. But, otherwise, notwithstanding the prohibition of wearing such goods, and the penalties upon the retailers that shall vend them, their consumption will be little lessened in this kingdom, for they will be brought in upon us from other countries, Scotland and Holland more especially. However, though such a method is peradventure the only way of keeping down this luxury, I am very far, my lord, from thinking it advisable. For the laws of all countries must be suited to the bent and inclinations of the people; and (which I am loth to say) there is sometimes a necessity they should be a little accommodated to their depraved manners and corruptions. The people of England, who have been long accustomed to mild laws and a loose administration, can never endure that severity, which is needful to make such a prohibition have effect: nor can they suffer high duties, or penalties to be imposed upon their pleasures, or bear a strict inquisition into their furniture and apparel. There is no country without a multitude of sumptuary laws, but hardly a place can be instanced where they are observed, or produce any public good. They were somewhat regarded in the infancy of the Roman commonwealth, before riches and pomp had banished virtue and obedience: but their chiefest strength was always derived from the sanctity and veneration in which was held the office of censor. And in England they will be immediately contemned and derided; and any magistrate must become the public scorn, that should think to put them in execution. And yet without strict sumptuary laws, well observed, the wisdom of the parliament will find itself eluded, when it endeavours to banish foreign vanities and luxury, in favour of our own product and manufactures. For in all probability, the consequence of such a prohibition will be, that goods of the same kind, or goods applicable to the like use, instead of those imported from India, will be brought hither from abroad; and the consumption will not be less, but at a much dearer rate. It may indeed somewhat