Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	body_n	part_n	soul_n	2,761	5	5.3627	4	true

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A06786	Consuetudo, vel lex mercatoria, or The ancient law-merchant Diuided into three parts: according to the essentiall parts of trafficke. Necessarie for all statesmen, iudges, magistrates, temporall and ciuile lawyers, mint-men, merchants, marriners, and all others negotiating in all places of the world. By Gerard Malynes merchant.	Malynes, Gerard, fl. 1586-1641.	1622 (1622)	STC 17222; ESTC S114044	480,269	516

a man for euery moneth besides the ships fraight and mens wages which may be agreed vpon diuersly And commonly the Company is permitted to haue one third the Owners of the ship one third and the Merchant or Merchandize one third all other incident charges to bee borne accordingly betweene them whereof Indentures of couenants are made Hauing reserued to intreat of this important businesse of Fishing in the end of this first Part of Lex Mercatoria concerning commodities which are compared to the Body of Traffick together with the Sea-lawes obserued therein with all other Customes of Commerce Let vs now proceed to the Second Part touching Moneys being the Soule of Trafficke which in times past were noted to be raised by the fishing trade now so much neglected appertaining to the Kingdoms of Great Brittaine and Ireland as hath beene shewed euen by originall Antiquitie The correspondence and long entercourse between the Societie of Gold-smiths and Fishmongers alludeth hereunto For Saint Dunstane the Bishop The allusion of Saint Dunstone termed to be the Patron of the Company of Gold-smiths had no other Elixer or Philosophers stone than the Gold and Siluer which by the benefit of fishing was obtained whereby the Kingdomes Plate and Bullion was procured For the aduancement of which fishing Trade he did aduise That three fishing dayes ought to be kept euery weeke which caused also more abstinence and hence the Prouerbe came That Saint Dunstane tooke the Deuill by the nose with his pinchers Which Custome if it were better obserued with vs would proue very beneficiall to the State and Common-wealth * âŽ * THE SECOND PART OF LEX MERCATORIA or the Auncient Law-Merchant concerning Moneys compared to the Soule of TRAFFICKE and COMMERCE WEe haue alreadie compared the three Simples or Essentiall parts of Trafficke namely Commodities Money and Exchange of Moneys vnto the Bodie Soule and Spirit And in our first pâ—rt of Lex Mercatoria treated of Commodities as the Bodie of Trafficke with the dependances thereupon as being properly the causes of Commerce with their Effects Adiâ—ncts and Accidents which methode we are now also to obserue in this second part of the Law-Merchant concerning Moneys compared to the Soule which infuseth life vnto Trafficke by the meanes of Eqâ—alitie and Equitie preuenting aduantage betweene Buyers and Sellers And because Money is made of Mettals wherof we haue not spoken in the Chapter of the Commodities whereby Commerce is maintained here we are to begin with the verie originall of Mettals and Mines as a matter worthie the knowledge of Merchants and others First we find That when commodities began much to abound in the world all manner of mettall as Gold Siluer Copper Tin Lead and Yron grew into greater estimation as being fit and more dureable for preseruation and so the purest and finest Mettall most esteemed At which time the riches of men was notwithstanding described to consist of cattel commodities and other moueables Pecuâ—ia non Pecuâ—aâ—ia and there was a commutation of commodities as hath beene declared which was found to be verie cumbersome The beginning of Moneys and did require much carriage of wares vp and downe from one countrie vnto another by reason whereof Money was deuised to be coyned to be the rule and square whereby all other things should receiue estimation and price and as it were become a measure whereby the price of all things might be set Publica Mensura to maintaine a certaine euenhood or equalitie in buying and selling and the same to haue his standing valuation only by publicke authoritie to the end that all things might equally passe by trade from one man to another Denomination of Money Concerning the denomination of Money it is deriued of Moneta which proceedeth a monendo to shew you the name of the Prince vel nummi nota and consequently the price of the peece of coyne by his authoritie made stamped and valued Pecus fuit Pecuniae fundamentum Pecunia is deriued a Pecude of Cattell as of Sheepe and Oxen the figure whereof was coyned thereupon Nummus a numerando vel nomine of the name of the Prince stamped vpon it and also so called Carolus Guildren or Floren so a Ducat of Ducatus the name of a Duke And in times past being called Stipendium was Ã stipe pendo before the same was coyned with a stampe but made and weighed being siluer as the Cicle of the Hebrewes The Romans in times past vsed copper Moneys calling their Exchequer Aerarium So in Germanie it is called Argentarium of the Siluer and being kept at Strasbourgh that citie is called Argentina The first Siluer moneys coyned was the 484 yeare of the foundation of Rome And the coynes of Gold was sixtie and two yeres after that Since the foundation of Rome vntill the yeare of 1622 are 2373 yeares Sterling Standerd altered in the valuation The sterling Standard of the Moneys of England was first coyned at a place so called by Osbright a Saxon King of England aboue seuâ—n hundreth yeares since at which time an ounce of Siluer was diuided into twentie peeces and so esteemed twentie pence as who should say so many peeces which so continued by denomination vntill King Henrie the sixth his time who in regard of the inhancing of Moneys in forreine parts valued the same at thirtie pence But there was more peeces made out of the said ounce and the former peeces went for three halfe pence vntill the time of King Edward the fourth and then they were currant for two pence and the said King did value the said ounce at fortie pence vntill King Henrie the eight did value the ounce of sterling Siluer at fortie and fiue pence and so continued vntill King Edward the sixth and vntill Queene Elizabeth her time and then the verie same peece or the same penie was valued at three pence and so did all three pences coyned by the said Queene weigh but a pennie weight and the sixe pence two pennie weight and accordingly the shilling and other peeces which made the ounce to be valued at sixtie pence or fiue shillings whereof twelue ounces make the pound Troy weight The pound Troy diuided by weigâ—t which remained diuided neuerthelesse in twentie pennie weight for the said ounce being still the same in weight did retaine the same name and foure and twentie graines also for euerie pennie weight and according to the said pound weight is the finesse of Siluer also diuided For if it be all pure Siluer without any Copper called Allay it is iustly called twelue ounces fine because that pound weighed twelue ounces and hath no mixture in it The pound of Siluer diuided in finesse and so euerie ounce is consequently twentie pennie weight in finesse and euerie pennie weight is twentie and foure graines in finesse The finesse of Gold is twentie and foure Carrats Finesse of Gold and euerie Carrat is foure graines in finesse and was

of Debt Herein we may consider a necessitie to giue Blankes not only because of the Masters Credit requisite but also because of the vncertaintie in the finding of the quantitie of Corne which was to be bought CHAP. XV. Of Letters of Attorney or Procurations and Transports or Conueyances A definition of a Letter of Atturney c. A Letter of Attorney is an Act publikely done before a Notarie or Scriuenor whereby one man giueth power and authoritie of himselfe vnto another man by way of Deputation to doe execute and performe for him any lawfull thing which he himselfe being the Constituant might or may aswell present as absent doe conclude and determine in all causes Ciuile and Politike with power also to Substitute one or more persons to doe the same vnder him in the said first Constituants name and to sweare in the soule of him if cause so require albeit the said Letters of Attorney doe differ in the manner and forme as well as in the Substance which must be obserued They are called beyond the Seas Procurations to procure or effect that which a man would haue commonly in an other place and in matter of Authoritie for Law Causes they goe one degâ—ee further than Letters of Credit because the Law doth require the same to the end that the Authoritie or Power of the partie Constituted may publikely appeare wherein a Letter Missiue is not sufficient as the same is in things concerning the ordinarie course of Negotiations and dealings betweene Merchants which by the Law-merchant are of great validitie Procurations generally or for the most part containe the word Irreuocable Pâ—ocurations irreuocable implying that Power giuen should endure for euer and so it is taken beyond the Seas But by the Common Law the words are vsed Pro forma and a Procuration or Letter of Atturney is reuocable at all times vnlesse it bee that the said Letter of Atturney do containe a Transport of some thing which is conueyed thereby As if a man do constitute another for the recouvering of certaine moneyes for the parties owne proper vse without account to be rendred for the same and the said partie hath recouered the said moneys by vertue of it This Letter of Attorney cannot be reuoked to any purpose the effect being fully performed which was the cause thereof So beyond the seas if you make a Letter of Attorney to a Procurator in Law to follow a cause for you in Law although the same be made irreuocable yet vpon good cause you may reuoke the same and appoint another to follow the cause but it is commonly done with leaue of the Court where the cause is consisting or depending and because the intimations and citations are to be done at such times as the cause may require the nomination of some place as it were to chuse a Domicilium must be done Procurations with a limited power but the power may be limited An Attorney may haue authoritie to conuict a man by law for the recouerie of money or goods and to proceed to execution by imprisoning of the Debtor yet he shall haue no power to release him out of prison without further authoritie so in the receiuing of goods or money wherein euerie man is to vse his discretion as the cause may require A Merchant may also make a Letter of Attorney to a Notarie beyond the seas and thereby to giue him power to make any insinuation or intimation or protest against any other Merchant there to serue him in all occasions or occurrences concerning the matter in question For a Procuration is beyond the seas of that validitie that the partie who hath the same and is the Procurator is taken in law as absolute as the Constituant and many sundrie proceedings may be vsed against him accordingly by Citations Intimations Protests Recoueries of goods deliuered formerly and recalled backe againe or the value thereof vpon any Attachments or Sequestrations which cannot be done against a mans Factor or Seruant A caueat for Procurators therefore they that haue Procurations are to be carefull of the dispossessing of themselues of any goods or moneys receiued to be cleered by the Law which happeneth commonly of goods taken vpon the seas or sequestred in any Harbour by vertue of a Letter of Attorney or Procuration The Ciuilians intreating of Procurations or Constitutions vnder Titulas Mandati haue well obserued The originall of Mandata that commandements haue their originall from friendship or out of authoritie of office and place and that the same are diligently to be executed and kept and hereupon they haue also noted diuers questions and propositions Nos igitur pauca tractabimus adrem de qua agitur pertinentia A.B. willed C.D. his debtor to pay vnto E. â— one hundred pounds which he did owe him C.D. did not pay the said money but promised to pay the same Queritur whether C.D. hath performed the commission or commandement giuen him and whether he be discharged of the debt as also whether this order or commission can be reuoked A.B. owing the like summe to E.F. Herein C.D. hath not performed his commission which was to pay and not to promise the payment of the hundreth pounds and therefore the said Commission might be reuoked and C.D. was not discharged of the debt for the matter was entire and all entire Commissions are reuocable Mandatum enim re integra reuocari potest res est integra si stipulatio promissioue interuenerit cum id non mandauerim For if C.D. should breake or become insoluent E.F. would come to A.B. his debtor to haue satisfaction for the said money and C.D. was not discharged of the debt owing vnto A.B. But if E.F. had taken his promise for paiment then vpon proofe made of it the case is cleere It is a question also whether a Procurator hauing commission to receiue moneys which were owing or lent and to giue an Acquittance for the same and receiuing the money without making an Acquittance haue performed his commission And the answere is That he hath not performed the same because he made no Acquittance as he was willed to do Aliud est enim confessio aliud numeratio Albeit the Acquittance did not concerne the Procurator but the partie who repaied the money Another case they handle at large Bartholomew did make and constitute Nicholas to be his Procurator or Agent in the buying of commodities to the value of fiue thousand crownes and he the Constituant to be answerable for the price and totall summe of fiue thousand crownes and withall giuing full power and authoritie vnto the said Nicholas that his procuration shall be good and auaileable during the liues of the honest persons Gerome Iohn and Angell of whom the said Constituant had his Commission and that they also together and apart insolidum should be bound for the performance and himselfe also Nicholas the Procurator by the commission of Ierome Iohn and Angell as also

of the ship whereupon the assurance is made And if he be a carefull man the danger of fire aboue mentioned will be the lesse for the ship-boyes must be looked vnto euerie night and day And in this case let vs also consider the Assurors for it hath oftentimes happened that by a candle vnaduisedly vsed by the boyes or otherwise before the ships were vnladen they haue bin set on fire and burned to the verie keele with all the goods in them and the Assurors haue pated the summes of money by them assured neuerthelesse herein the Assurors might haue beene wronged although they beare the aduenture vntill the goods be landed for it commeth to passe many times that whole ships ladings are sold on ship-boord and neuer discharged because they should auoid the paiment of Customes and Imposts and therefore they will breake no bulke but depart for some other place viz. Ships laden with Gascoyne Wines do come from Middleborough to London which haue beene bought by the great and either the seller of the Wines doth beare the aduenture of the seas or the bâ—yer So euerie yeare there are diuers ships which come from Norway laden with Deale-boords Plankes Masts and the like commodities which being entred into the riuer of Thames for two or more daies will depart againe for Spaine or some places in the Straits according as they haue made their bargaine with the Merchant in like manner diuers other ships laden with other commodities vpon the like bargaines and contracts will make further voyages and not discharge in the place were it was first intended and named in the policie of Assurance Now if after such a bargaine made the ship and goods either by fire or any other misfortune do perish the Assurors are not to answere for that losse notwithstanding the generall words And of all other Perills Losses and Misfortunes whatsoeuer they be and howsoeuer they shall happen or come to the hurt and detriment of the Goods and Merchandises or any part or parcell thereof contained in the policie of Assurance as aforesaid I hold it also conuenient to aduertise the Assurors of a case of mine owne experience In the yeare 1589 I caused the ship of Monsieur Gourdan gouernour of Calais to be fraighted for Lixborne and to returne backe againe to Calais or London A case to be considered in Assurances the said ship being arriued at Lixborne was laden with Sugars Pepper and other commodities to returne for London whereupon I caused six thousand French crownes to be assured at Roan It happened that the said ship was cast away vpon the coast of France in comming homewards and all the goods were vtterly lost whereupon intimation being made to the Assurors I sent to the Commissioners of assurances at Roan all my proofe concerning the lading of the said ship hoping to recouer the money assured but vpon examination of the Bills of lading declaring truely the qualitie and quantitie of the goods my factor of Lixborne considering the dangerous time of warre and my dwelling in London left the place of her discharge in Blanke and by letters ouerland gaue me notice of it which was made apparant to the said Commissioners yet neuerthelesse after the examination of the sea-lawes and customes and the Paracer had of all experienced Merchants it was sentenced against me and the Assurors were cleered and made onely a restitution of the money receiued by them for their Premio and yet of that they did abate one halfe or medio por ciento as it were tenne shillings for euerie hundreth pound for their subscribing to the policie of Assurance to my verie great losse To this purpose doth appertaine another propertie of Assurances which happeneth when Merchants cause a greater summe to be assured than the goods are worth or amount vnto when they are laden into any ship which is expected home wards making account that their Factors will send them greater returnes than they do in this case the Custome is A rare custome in Assurances that those Assurors that haue last subscribed to the policie of Assurance beare not any aduenture at all and must make restitution of the Premium by them receiued abating one halfe in the hundreth for their subscription as in the case aforesaid and this is duely obserued and so a Law not obserued is inferior to a Custome well obserued To conclude the point of policies of Assurances let vs note that of necessitie it is required as a consideration precedent that the Assurors must acknowledge themselues to be satisfied of the Premium of Assurance at the hands of the assured or any other who doth vndertake to pay them which beyond the seas is commonly payed within six moneths because that Merchants assuring each to other may rescounter their Premios in the accounts kept thereof betweene them for herein is vsed great trust and confidence betweene them and this appeareth also by euerie mans vnderwriting in the said policie of Assurance in these words I A. B. am content with this Assurance which God preserue for the summe of one hundreth pounds London this 10 of August 1620 c. according to the summe and time CHAP. XXVI Of the manner of Contributions or Aueridges Hauing intreated of Contributions or Aueridges in regard of Assurors now it behoueth vs somewhat to speake of the manner how this is executed and performed by some called Scot and Lot In the case of casting of goods in tempestious weather for preseruation of life and goods the master is to consult with the mariners and if they consent not yet the master may cast some goods if the storme continue but if the Merchant be present let him begin to cast saith the law of Oleron and next the mariners who if they unbesill any part to their owne vse of that which should be cast are to answere the double When the master shall come on land he must with the most part of his companie sweare that he did cast the said goods for no other cause but for the safetie of ship goods and lines which are to be cast into an Aueridge or Contribution vpon ship goods whether they be burdensome or of small volume as mony Iewels or such like not being weightie things vpon a mans bodie victualls and such like excepted But here ariseth a question Whether goods laden aboue the ouerlope or forbidden goods to be transported shall be answered by Contribution Sure if such goods happen to be the cause of any danger or damage the master shall beare the losse and also criminally be prosecuted But if goods vnaduisedly without consent of the owner be cast out on the suddaine the owner may vpon his conscience esteeme them to the verie value because the companie by their rash proceeding hath lost the priuiledge they had to esteeme and appraise the said goods Also any ships geare or apparrell lost by storme is not within Aueridge and accounted like vnto a workeman breaking or spoyling his tooles or ordinarie

they shall speake truth to that which shall be demanded of them 3 That they shall not require without iust cause any time of prolongation 4 That they haue not nor wil attempt to corrupt witnesses 6 The sixth time vpon the contestation and interlocutorie sentence you must obserue nine things 1 That the witnesses be presented in presence of the partie against whom they are produced 2 That they bee freemen and honest and not hired nor corrupted 3 That they bee sworne and the producent payeth his charges 4 You may inquire of the partie that doth produce the witnesses as also of the witnesses by certaine articles what may appertaine to the cause in regard of their admittance for to bee sworne because their deposition is the ground of the matter 5 That the plaintife hauing had three seuerall times to produce his witnesses shall not haue any other time to examine any more vnlesse he do sweare that he knoweth not what the former witnesses haue deposed and the Iudge do assent thereunto 6 If the witnesses haue declared any thing obscurely they may declare the same more plainely if the Iudge do desire the same at the intreatie of the partie according as he shall direct 7 After publication of the witnesses depositions there may not any other witnesses be deposed vpon the said interrogatories or any matter touching the same 8 That the witnesses be examined of the time of the place and of the case it selfe whether they haue seene or heard the same what they beleeue or know thereof or of the report they haue heard 9 That to auoid charges there be not too many examined A Maximo of the Law of Arragon The seuenth time is when all must bee alledged which may any manner of waies make for the state of the cause and if it fall out that two witnesses tell one tale as it were verbatim their euidence is voide and the eight time the Iudge proceedeth to a definitiue sentence and the ninth time which must be done within tenne daies the partie may appeale and therupon for the tenth time the pleyto or suite with all the records goeth out of that Iudges court to a higher court where it may not depend aboue a limited time The obseruations doe minister an occasion that many controuersies are ended without law for the parties are not sure to obserue these times and the defendants which seeke delaies are not contented with so short a time of pleading the complainant also may know whether it be safe for him to take his oath as aforesaid that hee is in conscience persuaded of his right To abridge the multiplicities of suits and moreuer paying a fine for wrong molestation abridged with them heretofore the multiplicities of suits Omitting now to speake of other courts of equitie and calling law and Equitie to bee the Common Law so much commended aboue the Ciuile Law by the said M r. Fortescue sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth who hath obserued fiue points wherein the same consisteth let vs obserue many more to extoll the excellencie of the said Common Law as followeth summarily 1 First because of the antiquitie thereof Excellencie of the Common Law of England for that in all the times that the Realme was inhabited by fiue seuerall nations the same was still ruled by the said Customes that it is now gouerned withall which if they had not beene good some of the Kings of these seuerall nations mooued either with justice or with reason and affection would haue changed or abolished the same especially the Romanes who iudged all the world 2 Secondly for that the Kings of England at their Coronation doe take a solemne oath to cause all the Customes of the Realme to be faithfully obserued according to the former institution 3 For that the said ancient Customs or Maximes therof are inexpugnable and doe stand of their owne authoritie as Principles which need no reason to confirme their authoritie as the Lawes of Solon Draco Carondas Licurgus Numa Pompilius and the Law of twelue Tables c. 4 Because all differences and controuersies which happen betweene the King and his subiects are tried and determined by the Law and if it be done in Parlement or by the Iudges it is still according to the Law 5 Because the King personally giueth not any iudgement especially when himselfe is a partie seeing it is against the Law of Nature to be both judge and partie 6 For that notwithstanding the decease of the Kings of England from time to time the Iudges of the Courts of Record that is to say of the Chancerie of the Kings Bench of the Common Pleas which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised and their power ended not immediately with the King howbeit the succeeding Kings doe confirme them in their offices whereby all seditions are preuented during the inter Regnum 7 For that with indifferencie without regard of persons it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects 8 For exercising a power ouer the Iudges which are not to judge of the Law but by the Law and therefore is the word Iudicium properly attributed to their determinations euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates following equitie as it were without Law For there is the like proportion betweene the Law and the execution thereof called Legis Actio as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium 9 For that the officers thereof are authorised according to the qualitie and due execution of it by a proportionable distribution namely The Iudges for terme of life and officers subalterne changing from yeare to yeare to the end the administration of justice may bee more indifferent 10 For the diuersitie of the triall thereof in seuerall Courts according to Law and Equitie is the cause of an agreeing and most necessarie discord as it were Concordi Discordia whereby the bodie of justice is supported by striuing as the stones vpholding a vault as Cato saith 11 For that the Iudges in criminall causes doe change from time to time their circuits and inferiour Iudges of the Court doe execute the place as well as superiour Iudges whereby partialitie is preuented 12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man seeing that euen in criminall causes it hath prouided as much as may stand with justice a helpe and fauour permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading and giuing them leaue to except against the Iurors which they dislike 13 For that it doth forbid the sale of offices thereby intending due administration of justice for where offices are sold as it were by the Great there justice is commonly solde by

of twelue ounces in weight making the sterling standard and yet my moneys made thereof shall be but tenne ounces fine In like manner I will melt downe tenne ounces of siluer and two ounces of copper and more to make a standard of tenne ounces fine and yet my moneys made thereof shall be eleuen ounces fine or sterling To vnderstand this mysterie or Paradox wee are to note that in the making of a standard of moneys three things must concurre and haue an equalitie proportioned vpon the pound weight of twelue ounces Troy namely Finenesse Allay and Weight of the peeces made out of a pound which is the ground worke of the subtile assay according to which all Assaymasters make their calculation by the marke of eight ounces or the pound of twelue ounces making one marke and one halfe Suppose now that as in ancient time of King Edward the third one pound weight being diuided into twelue ounces euerie ounce was diuided into twentie peeces or is now diuided into sixtie peeces or three pound making sixtie shillings which then made but twentie and that these twentie peeces or sixtie shillings were diminished by the sheyre and there is made twentie two peeces in regard of the twentie or sixtie six peeces in the liew of sixtie peeces which is tenne in the hundreth that the said peeces are lighter than before considering peece by peece Now an Assaymaster receiued one of these peeces to make an assay thereof in manner by vs declared in the Second Part of this Booke in the seuenth Chapter of the assayes of Bullion and Moneys and hauing weighed the same he calculateth how many of these peeces doe make or weigh one pound and hee findeth twentie two or sixtie six peeces or thereabouts because of the vneuennesse of the sheyre which being tried hee maketh report of the finenesse accordingly so that wanting in regard of the pound tenne in the hundreth by weight there must needs be wanting so much in finenes and so eleuen ounces molten downe is found to be but tenne ounces fine and in like manner c. All which in matter of exchange can be considered of and preuented as it shall please the Kings Maiestie and his Highnesse priuie Councell Ebbing and flowing of waters compared to the falling and rising of exchange The predominant Power of exchange rising and falling in price may bee compared to the ebbing and flowing of the Seas whereof no reason can be rendred albeit wee find the course thereof to concurre with the increase and decrease of the Moone which borroweth her light from the Sunne whereunto we may attribute a naturall Primum Mobile of mouing This motion is not so perceptible in the maine Ocean Seas as visible in the riuers streames and branches thereof Euen so in the seas of exchanges we are to ascribe the first motion of rising and falling in the price of exchange vnto the Bankers albeit the operation of it be not so apparant in those maine exchanges as vpon the bankes of the course of trafficke by commodities and moneys subiect to inundation in the particular exchanges of some countreys which runne into the maine ocean of exchanges as a riuer or branch of the same As this ebbing and flowing is aggrauated by accidentall causes of raine snow and the like by the alteration of weather so doth the rising and falling of exchange increase and decrease by the alteratiof State affaires betweene contending Princes according to the vse of moneys And euen as the seas are girt in by Gods commandement that they cannot ouerflow the mayne bankes of the earth so the course of the rising and falling of exchange in price may bee girt in by the Kings commandement A great consideration beyond the common capacitie of men that it shall not ouerflow the course or bankes of trafficke to the inundation of our home commodities and moneys This Simile putteth me in mind to remember the Poeticall fixion of the serpent Hidras with many heads whereof one being cut off by Hercules forthwith another did appeare alluding therein to the riuer Nilus which had many branches whereof the one being stopt in one place caused another to ouerflow in another place augmenting Hercules Labours being therein like vnskilfull Phisitians which to cure a disease doe many times cast the bodie into a more dangerous sicknesse whereas the learned Physitian will find an easie cure knowing the efficient cause of the disease without which conceited remedies are but meere shifts and extremities Aristophanus hath painted forth the agonie of an aged man altogether shipwracked by vsurie who thinking to haue found out the way to be eased of his slauerie did propound vnto Socrates this demand That if he should by the inchantment of a witch of Thessalia fetch the Moone out of heauen and bring it away and afterwards inclose it in a case of glasse and so keepe it as if hee would keepe a flye in a boxe Socrates demanding what good that would do him he answered if the Moone doe neuer rise againe I being constrained to pay money by the new Moone shall be freed of that trouble A strange shift that this poore man was driuen vnto apprehending a shadow for a reason to plucke by violence the Moone out of heauen for his helpe for in truth the witch did her best and began to charme the Moone which when the vsuror vnderstood did put him in such a pelting chafe as was wonderfull to behold for accusing this poore man of enchantment at last hee went himselfe to another witch not onely to keepe the Moone from comming out of heauen but also to hasten the course of her faster to recouer his vsurie the sooner Good God what a trouble was the Moone put vnto betweene these two witches What stormes and tempests did arise What horrible wind did blow What great raine did fall What floods ensued euerie where So that countreys were almost drowned and vnder water in many places The morall of these Metaphores concurring with our former comparison doth not onely shew vnto vs the operation and coniunction betweene the Moone and waters but also the folly of vaine conceited remedies The propounded remedie therefore for the reformation of the abuse of exchanges is grounded vpon the rule of Equalitie and Equitie whose Antitheta are inequalitie and iniquitie which euerie man ought to suppresse Equalitie is amiable and accompanied with ease and facilitie but inequalitie is hated and associated with trouble and difficultie The difference whereof is like vnto this Geometricall Axiome in commendation of the inuention of round wheels to draw and carrie loads with a small strength Circulus tangit planum vnico puncto For if the wheeles should haue beene made square or in any other polyangle and proportion fortie horses would not so easily draw them being laden as two doth now with speed and ease what easier thing can there be than to set and command a price in exchange to be obserued according to the value

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