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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

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that the third and so forth till the last that moueth the instrument that strikes the clocke or like as in a presse going in at a straight where the formost is driuen by him that is next him and the next by him that followes him and the third by some violent and strong thing that driues him forward which is the first and principall cause of putting forward all the rest afore him if hee were kept backe and staied all they that goe afore would stay withall This is therefore called causa efficiens and so is Vsurie Politike vnlesse the biting of it bee hindered as shall bee declared The most fauourable extortion by Vsurie vpon pawnes of any mooueable thing is after six pence for 20 shillings for one moneth of 28 dayes which is aboue thirtie in the hundreth by the yeare and two pence for the Bill money of halfe a crowne or eight pence or 12 pence for the Bill money of ●0 shillings which is more than the Interest and this rate wil be taken if it be for one weeke that the pawne be redeemed againe for the intent is alwaies taken to be for one moneth And vnder colour of the Bill money there is for registring of the pawnes likewise exaction made since there was a register appointed who doth not take knowledge of the twentith part of the pawnes but what they will declare Others doe take eight pence for the moneth or weeke with the like allowance for Bill money and registring which commeth to aboue fiftie in the hundreth The vsuall rate vpon small things is twelue pence for the weeke or moneth as aforesaid and this is sixtie in the hundreth and with Bill money aboue eightie nay there is taken the shilling pennie by the weeke of the Fish-wiues and other women selling small wares vp and downe streets which is aboue 400 vpon the hundreth by the yeare besides the Bil money what this commeth vnto in diuided smal sums is incredible This Bill is made to deceiue the Law and the forme of it is Bought of Iohn a Stile one paire of stockings one shirt one band and a hat for fiue shillings witnesse my hand the tenth of May 1622. Io. a Stile And since the Register was made much is pawned without making of any Bills and not conte●ted with this horrible extortion they will let out for gaine many of these pawnes and so weare them out or at last take the forfeieure of them being sure to lend about the third and fourth p●rt of the value By these meanes deuouring and consuming the poore housholder and mechanicall man it being onely the remarkeable sinne of oppression by exaction noted in the holy Scripture for which the first world was drowned The vse of Lombards This caused P●lititians or States-men to admit the vse of Lombards in their Common-weale to moderate this intollerable exaction of Vsurie so called Lombards of certaine Italians which came out of Lombardie whereof Lombard-street yet beareth the name since Henrie the third his time Th●se Lombards did take also extreame rates of twentie and twentie fiue vpon the hundreth as the Iewes did and of late yeares they haue beene by publike authoritie admitted in Lombards of the Low-countries to take after three halfe pence a weeke for the pound of twentie shillings and one pennie for the Bill but not to be bound to pay for the moneth which was also a great rate wherein they were compared vnto retailers of small wares as Chandlers and such like which may get 25 and 30 in the hundreth vpon wares sold by retaile and these men were the retailers of money and had allowance accordingly which in the Low-countries were almost in euerie Citie and payed for it an yearely sum of money to the States But now of late all this kind of people is put out Houses of Commerce and there are Pawne-houses called Houses of Commerce erected where the borrower paieth but after ten in the hundreth and some allowance towards charges vnder the moderation of the Iustinian Law and this is declared to be done for the reasons following That the intollerable Vsurie committed by the Lombards might be preuented That the pawnes should not be worne or vsed but safely kept to be by them restored at all times hauing men and women to looke vnto them That the vse of twentie shillings for one weeke is but one farthing ⅗ parts towards the payment of ware-house and house roome keeping of the pawnes and entertainement of seruants wages and others to manage the same That almost the value of the pawne may be had thereupon if the borrower will desire it one yeares time and sixe weekes considered with the charges during all which time he may redeeme the same and pay but after the rate But after the expiration of that time then the pawnes to be sold in a publicke outcrie by a sworne Officer to be oppointed by the Magistrate and what soeuer is made more thereof than the principall money borrowed and the charges to be restored vnto the partie or him that bringeth the ticket or to their heires or within two yeares to the Magistrates if no man claime the same to be distributed to the poore That stolne goods may by these meanes be detected and theeuerie decrease and mens liues preserued for the good of the Prince and Sta●e I hope no man will denie but this is a commendable course taken for the comfort of the common people that by intollerable Vsurie they be not destroyed but as necessarie membe●s of the common wealth they may liue in their vocation and profession Surely the famous citie of London is worthie of perpetuall commendation for the education of Orphanes But if an Orphane come to be an housholder and liueth honestly by his handie worke and labour and hath therby gotten a little estate of thirtie or fortie pound in some yeares and then being visited with sickenesse whereunto all men are subiect he is constrained to pawne his goods or substance vnto these vncharitable people what a miserable and pittifull thing it is to see his poore Familie vndone by these meanes as it were in a moment loosing that which with great care labour and sweat of his browes he hath been gathering for many yeares together God is my witnesse that the consideration hereof hath moued my soule with compassion and true commiseration which implyeth a helping hand For it is now aboue twentie yeares that I haue moued continually those that are in authoritie and others that haue beene to be pleased to take some course to preuent this enormitie Some that God hath called either void of charitie or seeking Priuatum commodum haue beene remisse to further the same and for as much as I am in a manner hopelesse of any successe and that it behooueth me being stricken in yeres to number my daies I thought conuenient to publish the last Proiect and offer which hath beene made to the same effe●t two manner of waies wherein I
to giue twentie per 100 for the yeare and so from yeare to yeare and dying the principall is theirs One hundreth pounds for eight liues by equalitie decreasing the pennie 8 is 12 ll 10 ss for two liues 11 ll 2 ss for three liues 10 ll for foure liues 9 ll 1 ss 9 pence is 6 ll 5 ss for eight liues The Citie of Amsterdam was wont to giue good consideration and did obserue this order vpon a hundreth Guelders for eight liues gaue 16 13 4 Obseruations of money deliuered vpon liues Of nine liues 19 1 0 Vpon tenne liues they gaue 22 4 5 Vpon eleuen liues 26 13 4 Vpon twelue liues 33 6 8 Vpon seuen liues 14 6 4 Vpon six liues 13 6 8 Here you are to remember the obseruations of Assurors whether the persons be young or old sober in their diet and behauiour much trauelling abroad or staying at home subiect to sickenesse and the like considerations Rents vpon houses Moneys deliuered vpon annuities for rents seeme more reasonable than pensions vpon liues because you beare onely the aduenture of the decay of houses or destruction of them in time of warre and much more should bee giuen without pawne than with pawne or morgage It is commodious for a man hauing wast grounds and intending to build vpon them to take much money vpon rent after 6 ¼ pro cent which many Cities giue continually to increase their wealth and inhabitants And because the valuation of their money doth often alter and is inhaunced whereby all things become dearer Rents payed in specie the parties are aduised to haue their rents paied in specie in Crownes Dollers Ducats to bee paied as formerly they were currant the dangers in times of warres causeth rents to decrease for the ancient rent is alwayes first to bee paied although all others bee losers * ⁎ * CHAP. XIX Of the Denomination and Diuision of Moneys of diuers Countreys THE Denomination Diuision and Subdiuision of the moneys of all Countreys is most necessarie for Merchants and all others to be knowne because without it they sayle in the course of Trafficke without Compasse abandoned at all vncertainties and dangers to haue true equalitie and equitie obserued in their buyings and sellings and that more especially if the course of exchanges be neglected as shall be declared hereafter Some of these moneys are imaginarie and some are substantiall or reall in specie and yet not concurring in price or value England IN England concerning Siluer coynes there is the Crowne of fiue shillings and the halfe Crowne of two shillings sixe pence the shilling the sixe pence the foure pence or groat the three pence two pence three halfe pence the pennie and halfe pennie of sterling Siluer and the farthing of Copper The ordinarie Golden coynes are the vnite peeces of 22 shillings the halfe of eleuen shillings and the crownes or quarters of fiue shillings sixe pence and the ⅛ part two shillings nine pence and the fiue peeces coyned at foure shillings making twentie two shillings with the Rose and the Thistle The Laureat King Iames of twentie two carrats fine of twentie shillings and the halfe peece Scotland In Scotland is the Crosse Dagger peece of eleuen shillings and the halfe of it and their Rider of ten shillings six pence and for their Siluer coyne the Marke peece valued at 13 pence ½ in England and the halfe of the same as also six small peeces of aboue two pence for the said Marke Ireland In Ireland where no Mint hath beene since King Edward the fourth of England the fifteene shilling sterling make twentie shillings Irish and the Siluer Harpe of nine pence sterling is there currant for twelue pence and the moitie thereof accordingly and the abouesaid Gold coynes are currant as in England or in sterling reduced into their Irish moneys one third part more so that the twentie shillings peece of Laureat King Iames is there foure Nobles and all other diuisions of it accordingly So the English shilling is sixteene pence Irish and the parts of it accordingly All other old Irish coyne is out of vse and little quantitie to be found of it In Germanie they make all their moneys by the account of Batsen euerie Batts foure Creutzers coyning peeces of three sixe Germanie and twelue Creutzers So the Ducat of Hungarie maketh 27 Batses the Gold guelder eighteene Batses the Polish guelder or doller fifteene Batses Teastons fiue Batses The said Gold guelder was value Anno 1520 to bee currant in Holland for twentie eight stiuers whereby their corne is bought and sold which is erronious and imaginarie because there is no such peece in specie So was the doller and the Siluer guelder called Gros or Vnciales weighing an ounce The ancient Romans called an ounce a guelder and the eight ounces made one mark and 12 ounces or guelders were reckoned for one pound and there were coyned peeces called Nummi Dragmi alias Grosleyn is the eight part of a doller Angelicies was the ⅙ of a doller making three Batses or twelue Creutzers called Schriekenborgers The said Angelici were Tribute penies which being allayd and made worse did obtaine the name of Bats as it were seeking of a benefit which since haue bin more imbased and therefore deserue that name of Batses they are called in Thuringia Gulielmi and in Bohemia Bohemici in regard of the said tribute whereof they haue also 12 peeces diuidedly for 12 pence which pennie is all Germanie ouer two Hellers by way of account The doller was first made vpon sixtie and fiue Creutzers which in those coynes so imbased are answered by 72 Creutzers And in oth●● cities of Germanie they reckon as followeth vpon diuers coynes 〈◊〉 made and some imaginarie At Augusta they haue small moneys Grosses of three Batses Augusta Lion peeces whereof two make a Creutzer the Blackepennie foure to one Creutzer Snubourgh Blaphart or Bohomicos of three and 3 ½ Creutzers the Ryckes doller is thirtie Albes of eight pence euerie Albe or seuentie and two Creutzers for the said doller At Frankford they diuide their Florens of sixtie Creutzers Frankford by twentie shillings and euerie shilling in twelue Hellers according to the pound At Norenbourgh in like manner and the Creutzer is foure pence Norenborough euerie pennie two Hellers and fiue pence called a Fynfer or fiue Pennick At Strasborough they vse Blapharts Grosses Strasborough Bohemicos of three Creutzers euerie Blaphart six pence of two Hellers or foure Ortlyn At Bohemia as in Germanie and the Bohemici Bohemia are whitgrosse of three Creutzers the Doller is twentie foure Bohemicos of twelue Angster euerie Bohemico ten pence and one Marke is fortie Bohemicos and Scoc is sixtie Bohemicos Vienna At Vienna the Ryckes Doller is eight shillings and the Ducat twelue shillings Trioll At Trioll the Doller at seuentie two Creutzers of fiue Fynfers or Hellers the Creutzer Hungarie
haue spent time labour and no small charges in hope that hereafter it may do good to the publicke Pawne houses if some Diuine be moued to further it The first is according to the manner of Amsterdam to which end the substance of the petition of honest and religious men his maiesties subiects is as followeth First that authoritie be giuen to A. B. to erect Pawne-houses in all conuenient places of the realmes of England Ireland and the dominions of Wales for and during the terme of one and twentie yeres vpon these conditions That all person and persons shall and may haue at all conuenient times moneys vpon pawnes of or vpon all moueable goods chattels and leases or any thing which shall be agreed vpon after the rate of ten vpon the hundreth by the yeare That the vndertakers may be authorised or licenced to take for the attendance labour and paines recompence of Officers and Seruants wages house-rent and all other charges incident thereunto as followeth For registring and keeping of all pawnes that do amount to fiftie pounds or more one farthing for euerie pound by the moneth For all pawnes that do amount to ten pounds or more vntill fiftie pounds for euerie pound one halfe pennie by the moneth For all pawnes that do not amount to ten pound for euerie pound one pennie by the moneth For euerie bill giuen for pawnes vnder ten pounds one pennie and being of ten pounds or aboue whatsoeuer it commeth vnto but two pence with such clauses conditions and cautions as shall be requisite for the securitie of the said vndertakers and agreeable with the laws of the realm of England paying vnto the Kings maiestie a reasonable summe of money yearely c. The said allowances are inferiour to the moderation of the Emperor Iustinian his Lawes and will be found verie reasonable considering that by the tolleration of Vsurie politicke men can deliuer their moneys in verie great summes at ten in the hundreth freely and without such trouble CHAP. XIII Of Mons pietatis or Banke of Charitie THe second meane to suppresse the biting vsurie of extortion vpon the common people is by prouiding a course that they may haue moneys vpon pawne without paying any interest or vsurie for the loane of it according to the manner of Bridges in Flanders which is more pleasing but it is not so vniuersall as the Pawne houses are where great summes are to be had to accommodate Merchants and all men to preuent the generall abuse albeit it cannot be denyed but that the extortion vpon the meaner sort of people is more haynous and detestable which was the cause that by the Lawes of the Romans he that tooke vsurie of the poore was more punished than he that did steale from the rich as is before declared In Italie there are Montes pietatis that is to say Mounts or Bankes of Charitie places where great summes of money are by legacies giuen for reliefe of the poore to borrow vpon pawnes and to pay onely after three or foure in the hundreth at the most to maintaine the officers and to beare the charges of such an erected Mount for euer But the manner of Bridges as aforesaid may be thought more reasonable paying the officers out of the contributions which by their means may be much increased according to the orders which are hereafter declared Moneys to be giuen to suppresse vsurie for euerie man is willing to giue for the suppression of intollerable and abhominable vsurie The rich that are charitably disposed will giue because vsurie politicke should not be biting the meaner sort of people will be contributarie because of the commodiousnes of it for who will not giue six pence or twelue pence euerie quarter of the yeare when he may borrow a reasonable summe of money without paying any vse for it for one yere or a longer time according to occasions I am sure of most mens inclinations by an attempt made of the practise hereof some yeares since for after the names taken of aboue 1500 persons that were willing to contribute yearely and some Diuines and others that would lend freely 50 ll 100 ll or more for some yeares and some 500 ll I made an alphabetical register of them which was deliuered into the hands of a great personage who as it seemeth was not worthie of the honour thereof but to my remembrance it amounted to some 2000 ll for moneys giuen and to be lent and aboue six hundreth pounds yearely during the liues of the benefactors so that no man hath cause to doubt of the collection of a great stocke for so godly a worke if authoritie were had when this was done vpon the onely hope and surmise thereof to the effecting whereof I will be willing still to doe my best endeauour Now the orders are as followeth Orders to be obserued for the gouernment of the Mount of Charitie consisting of two houses within the citie of London and the suburbes thereof and one house at Westminster where all men may borrow moneys in small summes without paying any vse or loane for the same vpon pawne to be deliuered for caution or securitie of the said moneys according to the manner of Bridges in Flanders and other countries 1 IMprimis That all men of what qualitie or condition soeuer they be being destitute of money shall haue money at all conuenient times without paying any vse or loane for the same but deliuering onely a pawne of any moueable thing so it be not aboue fortie shillings at any one time vntill a competent stock be raised for the maintenance of the said Mount of Charitie for euer 2 Item Whereas the said stocke is raised and to be increased by meanes of charitable and conscionable persons which either do freely lend moneys without taking interest for the same or do freely giue in money and yearely contributions according to their vertuous d●sposition which moneys may in progresse of time amount to a notable summe the Treasurer generall therefore shall be a man sufficient and of honest behauiour carefull to appoint sworne honest men vpon sureties to collect the said moneys and for keeping of the pawnes with their Clarkes and other attendants and the Surueior of accounts shall be a man diligent and skilfull in accounts all for the better incouragement of the said charitable giuers and free lenders for the aduancement of this charitable worke 3 Item Whereas the like House called Saint George was heretofore erected at Genoua in Italie by noble Knights bound in honour to see the people relieued from oppression biting vsurie and extortion which by all vertuous Knights is at all times approued and commended There shall be kept one paire of tables in euerie house containing the names of such honourable persons and vertuous Knights ' as shall be yearely contributaries by quarterly paiments during their naturall liues or lend any summe of money gratis for a time together with the names of such well disposed persons as by
of iurisdiction in the best manner that can be deuised Euerie person of this societie to be free and exempted of all Impositions Taxes Customes Subsidies lending of moneys any maner of waies or any charges as also masters of the counting houses which shall not be permitted to exercise any trafficke or trade particular but must wholy employ themselues to this businesse with such allowance and order as is prescribed vnto them All worldly things being subiect to mutabilitie euen the greatnesse and superioritie of Princes which may happen to be deposed for a time and afterwards to be restored againe It is prouided that of the gaines of the three parts allotted vnto them for three stakes in this couenant the two shall remaine to the Crowne and the third to the Prince vntill he be restored againe or dead which is onely to take place in all hereditarie kingdomes The said societie therefore not to purchase any land for the generalitie to endanger Princes estates but onely for their particular as occasion serueth Modells or Medalia to be worne by the said hundreth persons of the societie and the Masters of counting houses onely with emendation and augmentation of their armes and by their successors vpon true register and acknowledgement to be made and kept thereof The said Modells to containe on the one side the world concatenated together vnder a Crowne Imperiall assisted with the personages of Prosperitie Honour and Mercie enuironed round about with two inclosed hands and armes of Faith and Credit and on the other side the like with a Crosse and Inscription He doth crowne his owne workes in vs. All which persons shall be made noble Knights of this order accordingly with certaine other additions as shall be thought conuenient As by Faith and Credit it shall subsist or the like The aforesaid stocke and credit to be emploied by the said Masters of counting houses and assistants in fiue seuerall matters by Exchange Banke Mount of Charitie Mensa argentaria and Houses of Vendition without any aduenture or losse according to an instruction shewing the benefit and commodiousnesse which will arise thereby vnto all estates for the preseruation and augmentation of Honour and Wealth of the rich reliefe of the poore and welfare of the commons in generall hauing some gratuities bestowed vpon them The priuate person with whom all the aforesaid parties are to couenant is to be generall Master of all the counting houses and onely to keepe a generall booke of account without any administration of the stocke or to meddle in any trade of merchandise but to haue the honour of knighthood with a large allowance of charges expences had and to be had for to entertaine all the parties and correspondencies which might resort to the places of his habitation to which purpose he must be prouided of a stately house with all conuenient things necessarie and many seruants messengers and posts with the gaines of one hundreth thousand crownes that he doth furnish by many allowances and other meanes to the satisfaction of all the parties according to a particular agreement wherein the vnited Low Prouinces are named the chiefe place or Rendevous of this negotiation or intended contract whereunto diuers countries haue condescended The authors of this proiect vnder the said priuate name do desire for the aduancement hereof permission to execute the same safgarde to be protected from all iniuries and to repaire all dammages which might be done vnto them in hostile or peaceable manner freedome of all taxes and assurance for their persons and goods according to an instruction To which end the Master generall of the said counting houses if breach be made by any one of the parties in any article of this couenant is to receiue the complaint and to consult with his counsell of assistance and so to giue notice thereof vnto the next neighbour Prince or State of this societie to see the same redressed or amended If that Prince do denie to be ayding or be forgetfull therein he shall be accessarie and iudged as guiltie as the first offendor whereas on the contrarie the forfeiture of the reuenues of this first offendor for the time shall be his And the society may remoue their counting houses or change them into correspondencies if other Princes and States should also proue to be negligent and without respect had to their priuate gaine abandon so good an action losing their title or reuenue violating the law of nations wherewith no doubt most Princes shall find themselues agreeued and these Princes or persons transgressors will find the worse and endanger their estates to their great dishonour through all the world and disturbance of other neighbour Princes For the better aduancement hereof there is a place reserued for reward of two vnknowne persons which by their industrie labour and science shall be thought worthie thereof one bearing the name of it This princely contract requireth a serious consideration The Stocke or Capitall is 2 ½ Millions or 2500 thousand pounds sterling or ten millions Flemish which increased by nine hundreth correspondencies will make the stocke to be twenty and fiue millions o● one hundreth millions Flemish It being verie probable that through all the world there lyeth so much money dead without any vse or employment The calculation of tenne vpon the hundreth by the yeare doubleth yearely so that he who by gift employeth one hundreth pounds is to haue for it one hundreth pounds yearely for euer and this is supposed to be gotten by fiue seuerall means viz. by Cambium Banke Mons Pietatis M●nsa Argentaria and Domus Commutationis whereof you may find the particulars in this Booke The proceeding of this matter of great consequence hath beene interrupted by Monsieur Olden Barneuelt lately executed at the Hague in Holland the sequell hereof time will discouer and we may say with the Poet Quid non mortalia Pectora cogunt c. CHAP. XVIII Of Moneys deliuered vpon Liues Annuities and Pensions HAuing intreated of Moneys deliuered at interest without casualtie and so termed Vsurie by reason of the contract of benefit without aduenture it is conuenient to handle of Moneys deliuered vpon Liues when Merchants do giue twelue vpon the hundreth without pawne called beyond the seas after the pennie 8 the moitie whereof with pawne is six vpon the hundreth or double eight according to the pennie 16 as aforesaid The pennie 8 is 12 ½ for eight times 12 ½ maketh one hundreth so the pennie 16 which is vsed for rents vpon houses or lands is 6 ¼ according to which pennie 8 vpon one life or double for one yeare so they all liue is equal vpon eight liues This is much vsed in diuers cities beyond the seas to draw moneys into their hands As for example One hundreth pounds is deliuered to haue two hundreth pounds for it at the yeares end vpon eight liues if they all liue you haue two hundreth pounds to buy a perpetuall rent or sometimes as it hath beene