Alteration of ten dayes made by Pope Gregorie the 13. IVlius Caesar the first Emperor of Rome a man learned and of great magnanimitie considering that the Romane yeares were reckoned confusedly according to the course of the Moone by the Hebrews with their intercalar moneth to make the same agree with the Sun By the counsell and instigation of Sosigenes an expert Mathematician about 44 yeares before the Birth of Christ deuised a new foâ—me of Kalendar first framed after the course of the Sunne diuiding the whole yeare into three hundred sixtie fiue dayes and sixe houres making it to containe twelue moneths whereof the names are yet in vse beginning from March for the first moneth which caused September October Nouember and December to beare their names the seuenth eightth ninth and tenth moneth yet all yeares by the Almanackes putttng Ianuarie for the first moneth beareth the name accordingly from the Heathen god Ianus painted with two faces as it were beholding the yeare past and the yeare to come Februarie was so called of certaine sacrifices then offered called Februa March of Mars an Heathen god April the denomination of the moneths of the Spring Time and the word Aperio opening all vegetibles and other things May of Maya the mother of Mercury Iune a Iuniore for that all the yong people had a meeting in that moneth for recreation Iuly of his owne name Iulius and Augustus for the inlarging of the Empire Now forasmuch as the odd six houres could not conueniently bee brought to account euerie yeare hee ordained that euerie fourth yeare one day should bee added to February because foure times six houres maketh vp a whole day of foure and twentie houres and the yeare wherein this odde day falleth The Leape yeare wee call commonly Leape yeare hauing three hundred sixtie six dayes And because it was added at the six Calends of March it is named in Latine Bissixtus or Bissextilis Annus Neuerthelesse Iulius Caesar did begin his Kalender in Ianuarie when the Sunne entreth the eighth degree of Capricorne eight dayes after the winter Solstitium Solstitium which then being the shortest day of the yeare fell vpon the twentie fiue of December And the Spring Time Equinoctium about the twentie fiue of March Equinoctium The which places of the Sunne are now changed and sliden backe in the Iulian Kalender from the said obseruation of the Spring Equinoctium as also from the Haruest Equinoctium being about the twentie six of September the longest day then falling out the twentie fiue of Iune grounded vpon this reason of preuention of the Equinoctiall to the twelfth eleuenth and tenth dayes of the said moneths and the thirteenth and fourteenth of September But the chiefe cause proceedeth by reason that Iulius Caesar did reckon the yeare to continue three hundred sixtie fiue dayes and six houres which is more than the iust Astronomers calculation by tenne minutes of an houre and fortie foure seconds accounting sixty minutes to an houre and sixtie seconds to a minute so that the yeare truely containeth three hundred sixtie fiue dayes fiue houres fortie nine minutes The difference as the account of yeares for the errour and sixteene seconds as is before declared which difference in the space of one hundred thirtie foure years or thereabouts maketh one whole day and in the space of one thousand six hundred sixtie foure yeares being the time that the Iulian Kalender was set forth vntill the last yeare it commeth to twelue dayes twentie two houres fortie minutes and twentie fiue seconds For this cause sundry learned men haue heretofore desired that the same may bee reformed to auoid inconueniences and to haue a true account of yeares and dayes And the matter was propounded to diuers generall Councells but tooke no effect till now of late yeares by meanes of Pope Gregory the thirteenth in the yeare 1582 and then it was permitted to one Aloysius Lilius professor in Mathematicke Astrologie to set downe this long desired Reformation who being resolued to doe the same exactly by true account was hindered by the Clergie for they would not agree that the same should be drawne backe any further than to the time of the Nicene Councell which was in the yeare 328 and hereupon hee brought the reckoning backe only ten daies caused the fifteenth day of December to bee called the twentie fiue day Alteration of tenne dayes and the inconueniences which is but obserued in some places and brought great controuersie in diuers countries seeing the day of the Natiuitie of Christ and other Festiuall dayes and also dayes of keeping of Faires and Markets are changed and holden tenne dayes before the accustomed time And Merchants and others in making their Contracts and Obligations are often disappointed of their dayes of payment with diuers other inconueniences Whereas men of true iudgement might haue made this argument Is it by the addition of Time growing by certaine minutes and seconds euery yeare arising to one whole day euery fourth yeare in the moneth of February Then as it is increased thereby thirteene dayes in one thousand six hundred sixty foure yeares it may by the same Rule decrease so much in few yeares A true and good reformation of the Iulian Kalender by leauing out and suspending that one day which is so added vntil it come to his first institution and calculation of the Iulian Kalender which may bee reformed in fiftie two yeares beginning from the yeare 1620 being Leape yeare and leauing out thirteene dayes which is little more than one houre in the said and is no perceptable difference and after the said fiftie two yeares expired to adde the said day againe and there will not increase any one day more but in one hundred thirtie foure yeares And all the yearely obseruations may be accommodated accordingly I made an exact Table heereof in the yeare 1604 whereby the day of the Natiuitie of our Sauiour fell out againe to bee the shortest day of the yeare This Table was shewed vnto the Kings Maiestie of Great Brittaine as I was informed and howsoeuer pleasing yet for some causes to mee vnknowne not held fit to bee established CHAP. III. Of NVMBER and the Mysteries thereof VNitie is the Spring and Fountaine of Numbers which hath a reference vnto God the only fountaine of Goodnesse the onely Father Creator and preseruer of vs all Heere let vs note that the Philosophers haue not onely with one consent affirmed That great mysteries and vertues are contained in numbers But the ancient Fathers haue also obserued the same in the holy Scripture as Ierome Augustine Origen Ambrose Basil Athanasius Hilarius Rabanus Beda and others amongst whom Doctor Rabanus hath made a booke of the vertues which are hidden vnder Number And if there were no mysterie comprehended vnder Number Saint Iohn in the Reuelation would not haue said He that hath vnderstanding let him reckon the Number of the name of the Beast
doth concurre and agree with the Lawes of Oleron whereof we shall intreat more hereafter Fredericke the second King of Denmarke at a Parliament holden at Coppenhauen in the yeare 1561 hath abridged as also set downe certaine Acts or Statutes for the ruling of Sea matters but for the most para agreeing also with the said Lawes of Oleron which you shall find in this Treatise set downe vpon euery occasion offered vnto me to make application of them in the Chapters following CHAP. XVIII Of the manner of Proceedings in Sea-faring Causes ALl controuersies and differences of Sea-faring Actions or Maritime Causes ought to be decided according to the Sea Lawes which tooke their beginning from Customes and obseruations and from them is the interpretation of the said Law to be taken and if any Case shall fall out that was not knowne before neither written downe and authorised as a Law then the same is to bee determined by the Iudge with the opinion of men of experience and knowledge in the said Sea-faring causes And herein is all conuenient expedition required that the matter may be summarily and briefly determined especially in case of shipwracke wherein delayes or protractions in Law is a crueltie to vex such afflicted persons Therefore to preuent appellations present execution and restitution of goods is vsed in causes of spoyle vpon caution first found by the spoyled to satisfie the condemnation to the Iudge if there bee iust cause found of appellation Witnesses in causes Maritime and to this end also it is permitted that witnesses of the same Ship may be examined although the aduerse partie bee not called thereunto Merchants and Marriners sayling together in one Ship may beare witnesse each to other and Marriners against the Master when they are free and out of his command The plaintife is to find suerties to pay costs and damages if he doe faile in his proofe and the defendant is to be put in caution to satisfie the sentence Iudicio cisti iudicatum solui If the defendant doe stand out or commit a comtempt by not appearing for to defend himselfe or his Ship or things challenged the Iudge of the Admiraltie may after foure defaults entred deliuer the possession of the said Ship or any other thing or part thereof to the plaintife putting in sureties for one yeare and a day and if the partie appeare not within that time then the propertie is finally adiudged to the plaintife And if he doe appeare within the time offering to pay the expences and putting in caution to obey and performe the definitiue sentence he shall be admitted But this caution or suerties are lyable absolutely for all from the beginning and cannot be discharged as a Baile may be at the common Law Difference betweene caution in the Admiraltie and baile at the Common Law of England bringing in the partie at conuenient time Summons and Citations are not needfull where the ship or goods in question are forthcomming but may be done in the same place where it lyeth or the goods are found If any man be arrested or troubled for the like matters he is presently to be discharged vpon suerties and especially Marriners because they shall not be hindered of their voyage which he may doe with so much goods or the value thereof as he hath within shipboord at the Iudges discretion for it is intended that otherwise trafficke and commerce is interrupted CAHP. XIX Of Buying and Selling of Commodities by Contracts THE buying and selling of commodities by contracts may bee distinguished three manner of wayes namely Regall Notariall and Verball The Regall contracts are made betweene Kings and Princes and Merchants which caused the Kings of Portugall to be called Royall Merchants For whereas the Venetians had the trade for Spices and other commodities of the East Indies Regall contracts called by the Ciuilians Solemne the Portugalls vpon the discouerie of those parts by Nauigation did bereaue the Venetians of that trade as by the reuolutions of time other Nations haue almost compassed that trade of Spices and taken the same from the Portugalls The Kings of Portugall had alwayes the one moitie of the Pepper by way of contract and for that they would contract againe with the Germaines or other principall Merchants of other Nations and of their owne to deliuer the same vpon a price agreed vpon the arriuall of the Carrackes at Lixborne according vnto which it was sold againe with reputation to other Merchants and dispersed into diuers countries and so was it also done for Cloues and Mace and sometimes for Indico and the payments were made by assignation in the Bankes of Madrill Lyons and Bizanson and sometimes at Florence and other places hereupon was the Contraction-house at Lixborne erected and named accordingly where the said Spices and commodities are brought and sold againe Such are the contracts which the King of Spaine doth make with Merchants for the prouision of Corne for his townes in Africa vpon the coasts of Barbarie as Ceuta Mosegam Tangere and other places the paiment whereof hath beene made againe by Pepper vpon some especiall contract and the Merchants haue thereupon also made other contracts with Merchants of the Low-countries to deliuer them that Pepper at Amsterdam and to take Corne in paiment But the case is since altered by the incorporating of the East-India trade Such were the contracts made by the French king Henrie the third with the great Merchants of Italie called Le graund partie for Salt which they by authoritie did ingrosse for the king and brought also from other countries by sole permission causing euerie household in all France to take a proportion yearely or to pay for it whether they had occasion to vse it or not which was an Italian inuention and for this they paied by contract vnto the king six hundred thousand pounds sterling being two millions of French Crownes yearely Such were the contracts which Queene Elizabeth of blessed memorie made with Merchants of London for the prouision of victuals and apparrell for the souldiours in Ireland during the late warres with the Earle Tirone which did amount to verie great summes of money insomuch that the seuerall contracts for apparrell came to ninetie sixe thousand suits of apparrell as I haue seene by the Records and Accounts extant in his maiesties Court of Exchequer All these and such like contracts are made by commissions granted for that purpose to some great officers of the kingdome who haue thereby authoritie to contract for the same with Merchants or others Notariall contracts haue partly dependance vpon the same Notariall contracts called Publicke for when those Merchants which haue contracted with Kings or Princes are to prouide sodenly those things which they haue contracted for or to dispose of the commodities which they haue bought or ingrossed into their hands Then they deale with other Merchants either to prouide them of the said commodities or to sell them such as they haue bought
Anne his Maiesties Consort for her lands there he took not the benefit hereof as hee might haue done but the said Queene had the same In like manner a Deo dando or Deodant appertaineth to the Admirall that is to say The thing whether Ship or Boat that caused the death of a man or whereby a man did perish vnawares To conclude this point let vs remember that in causes of spoile it is sufficient by the Lawes of England for the spoiled to prooue his goods by his marke and the Shipwrecke may not only be proued by the persons liuing but also by the persons who were present at the preparation of their voyage euen their owne parents and children if none of the Ship broken be aliue CHAP. XXX Of Partners of Ships and Voyages FOrasmuch as Parteners and Owners of Ships cannot be constrained by the Law to remaine in Partenership although they had made a couenant neuer to sunder or separate themselues therefore are there many considerations to bee had and required in the same And first it is generally obserued and accustomed That if Owners of a ship newly builded or bought betweene them shall fall out and be at variance the said ship shall bee imployed and make one voyage first Law of Oleron vpon their common charges and aduenture before any of the parteners bee heard to sunder and discharge their part And after that if they cannot agree he who desires to be free is to offer to the rest his part and to set the same vpon a price as he will either hold or sell which if hee will not doe and yet refuseth to set the ship forth with the rest of the Owners or Parteners then may they rigge the said ship at their owne charges and also vpon the aduenture of the refuser so farre as his part doth extend without any account to bee made vnto him of any part of the profit at her returne But they are onely bound to him to bring her home safe or the value of his part to bee answerable for and that iustly because ships were made and inuented in common for the vse of all men euen of them that dwell in the Mountaines as on the Sea coasts and ordained for sayling and not to lie idle and vnoccupied But if the persons who haue most part of the ship refuse to abide in Partenership with him who hath a small part that neither hee can sell his part at a price without great losse nor is yet able for want of meanes to attaine or buy their parts then are they all bound to put the ship to an appraisement and so to dispose of her by sale or setting of her forth on a voyage accordingly by meanes whereof their discord may be ended and the ship not spoyled And if for want of buyers in that place the poore partener can neither auoid the oppression of the richer nor yet the rich satisfie the poore man which may also be wilfull then may the Iudge of the Admiraltie or the ordinarie Iudge deale and decree the same as hee may doe in omnibus alijs bonae fidei actionibus And consider of all the circumstances of the persons of the matter of their difference and of their motiues that thereupon he may administer Iustice in giuing euerie man his due right In cases where Owners doe agree and voyages are vndertaken there the Master of the ship is placed by the Owners A Master placed by the Owners and they ought to make good the Masters fact and deed so that the Master may lay his action vpon any one of the Owners but the rest of the Owners shall pro rata of their portions be contributarie thereunto except the handling of the Ship be so seuerally diuided amongst them or that the Master haue not his Power and Commission of them all or that the Master hath bound himselfe aboue his Commission as if he haue taken vp money to mend the ship when as he needs it not or that hee haue no Commission at all in which case the lender committeth an ouersight and hath no remedie but against the Master But if there were cause of mending the ship and the Master should spend the same another way the Owner is to satisfie the Creditor notwithstanding And aboue all things money lent for victualls to the ships company should be payed and preferred before all other debts If a Merchant contracting with a Mariner that is not a Master be therein ouerseene he must content himselfe for he can haue no action against the Owners except for a fault done by a Mariner which hath beene hired and put in by the Owners Againe albeit that by the Sea-lawes the Owners may not pursue any persons obliged to the Master yet are they permitted to pursue vpon the Masters contract as if they had beene principall contractors Because herein they doe represent and vndertake the person of the Master and these priuiledges are granted to the Owners for the good of the Common-wealth and augmentation of trafficke Neuerthelesse the Master is not bound to render an account of all to the Owners as for passengers which are found vnable to pay and so are not Owners bound to answere for the Masters negligence But it is very conuenient if the Owners bee in place that the Master doe not let the ship to fraight or vndertake any voyage without the priuitie knowledge and aduice of the Owners or of some of them to the end many things may bee aduised by them whereof the Master was ignorant CAHP. XXXI Of Moneys taken vpon Bottommarie by the Master of a ship called Foenus Nauticum THe name Bottommarie is deriued by the Hollanders from the Keele or Bottome of a ship vpon the paralel whereof the Rudder of a ship doth gouerne and direct the same and the money so taken vp by the master of the ship is commonly done vpon great necessitie when moneys must be had in forreine countries to performe a voyage for the vse payed for the same is verie great at 30 40 and 50 pro cent without consideration of time but within so many daies after the voyage ended Difference between interest money and Bottommarie This Money is called Pecunia traiectitia because that vpon the lenders danger and aduenture it is carried beyond or ouer the seas so that if the ship perish or that all be spoyled the lender doth lose the money But on the contrarie money letten at interest is deliuered on the perill of the borrower so that the profit of this is meerely the price of the simple loane called Vsura Locatio or hire but the profit of the other is a reward for the danger and aduenture of the sea which the lender taketh vpon him during the loane which is to be vnderstood vntill a certaine day after the voyage ended therefore if the money miscarrie either before the voyage begin or after the terme appointed for the full loane then the perill pertaineth to the borrower
to one of gold In France the marke of gold valued at seuentie foure Crownes and the siluer at 6 ⅓ Crownes maketh the proportion 11 11 19 parts but valuing the French Crowne at three Frankes is eleuen to one In England the Angel at ten shillings and the siluer at sixtie shillings the pound Troy of 12 ounces being that six Angels did weigh an ounce made also eleuen to one In Germany one marke of Siluer at 8 ½ Gold guilders maketh 11 ⅔ for 1 but the valuation of moneys being altered hath also altered the same In Rome the pound of siluer at 108 Carlini and the Ducat of gold 99 ¼ is 12 to 1. So at Millaine the Ducat 112 and the Teaston 28 is but 9 ⅓ for 1. The siluer being so in request there for the making of gold and siluer threed that is to say siluer threed guilt and white Now for all places of momentarie trafficke it is 12 to 1 and in England 13 ½ to 1 as hath beene declared The valuation of forreine coyne of gold and siluer published in the vnited Low Prouinces on the 21 day of Iulie 1622 with the orders established by the Estates of the said Countries for the better obseruation of the said valuation which neuer the lesse are continually infringed from time to time And the like is done in other countries so that to obserue our owne rule according to Equalitie and Equitie will be found the best and safest course of Politicke gouernment  Guilders Stiuers Flemish The great golden Ryder of the vnited Prouinces 11 6 or 37 s◠8 d The halfe of the said Ryder 5 13 18 10 The double Ducat of the said Prouinces with the Letters 8 10 28 4 The French Crowne 3 18 13 0 The Pistolet of Spaine of foure Pistolets 15 8 51 4 The double Pistolet of Spaine 7 14 25 8 The single Pistolet after the rate 3 17 12 10 The Albertins or ducats of Albertus of Austria 5 13 18 10 The double Rose Noble of England 18 12 62 0 The Rose Noble of Henricus Edward and Queene Elizabeth 9 6 31 0 The Henricus Noble 8 6 27 8 The Flemish Noble old and new of the vnited Countries 8 0 26 8 The old Angell of England 6 4 20 8 The new Ryder of Guelders and Freeseland 3 13 12 2 The gold Guilder of those Mints 3 2 10 4 All which coynes are to bee weighed with their accustomed weight and the remedie of two graines and no more with some little aduantage ouer or at the least being within the rest of the ballance Prouided alwaies that the coynes of their due finenesse although they be lighter shall be currant paying for euerie graine wanting two stiuers Siluer Coynes  Guilders Stiuers Flemish    ss d. The Lyon Doller of the Low Prouinces 2 0 6 8 The Rickx Dollers in generall 2 10 8 4 The Crosse Doller of Albertus 2 7 7 10 The Spanish Ryalls of 8 2 8 8 0 The Doller of Zealand and Frise with the Eagle 1 10 5 0 The Floren or Guilder of Friseland 1 8 4 8 The English Shilling and of great Brittaine 0 10 ½ 1 9 The Marke peece or Thistle of Scotland 0 12 2 0 The Harpe of Scotland and Ireland 0 8 1 4 And if any of the said peeces be found to want of their weight and the appointed remedy within the rest of the ballance or some little aduantage ouer they shall be currant paying for euerie graine wanting two pence Hollandts whereof 16 make one stiuer and the English groats are made bullion or shall not be currant Small Moneys for ordinarie payments THe Shillings of all the seuerall Prouinces respectiuely and of the Mints of Nimogen Deuenter Campen and Swoll 6 Stiuers The halfe Shillings after the rate 3 Stiuers The peeces called Flabs of Groninghen 4 stiuers the double 8 Stiuers The twintigst part of the great siluer Royall 2 ½ Stiuers The double and single stiuers of all these countries 2 1 Stiuer The tenth to be receiued in copper monies 1 Of all which small moneys for the payments of rents interest or abatement of the same as also of all manner of Merchandise exceeding in one parcell the summe of one hundreth Guilders no man shall be bound to receiue more than the tenth pennie 2 The Duyts according to the order of the Prouinces made in the Prouinciall Mints and none other are as yet tollerated for a Duyt and all other copper moneys of the Prouinciall Mints are also tollerated to be paied out for one pennie the peece the 16 whereof make one Hollandts Stiuer and not aboue whereas we do intend hereafter to prohibit the same to be currant for any price because wee will prouide our selues forthwith with so much copper mony as the commodiousnesse shall require 3 We do also prohibit from henceforth no copper moneys to be brought into these countries aboue two stiuers vpon paine often stiuers for euerie peece to be forfeited and whosoeuer shall issue any copper moneys aboue the said price shall incur the like penaltie of ten stiuers for euerie peece 4 And all the said coynes shall be currant in these Prouinces for the prices aforesaid declaring all other peeces for bullion All other coynes made bullion to be molten which by this Our proclamation are not valued prohibiting any of the said peeces to be offered or receiued as also to presse any of those which are valued to be paied at a higher price than they are valued and likewise offer to put forth other coynes of gold and siluer valued which are clipped washed broken mended neiled or otherwise augmented in weight vpon forfeiture of all the said coynes so to be offered at higher rates than this proclamation doth permit and if the fact be not instantly discouered to forfeit the value thereof and moreouer the quadruple or the value thereof or 24 guilders in liew thereof if the said coynes did not amount to sixe guilders for the first time the second time double and for the third time quadruple and moreouer arbitrable correction according to the qualitie of the fact 5 Without that any distinction shall be made whether the said coynes were instantly paied from forreine parts or sent from some one Prouince or Towne into another in which case if the receiuer thereof will be freed of the said forfeiture he is to giue notice of it within twentie and foure houres after the receipt thereof vnto the Magistrates or other Officers to be thereunto appointed to the end they may proceed therein against the sender of the said coyne as it shall or may appertaine 6 Yet shal the said Receiuer keepe the said coyns wholly to himselfe if the said moneys be sent vnto him in paiment of a former debt and neuerthelesse haue his action against the partie for so much as they shall want of the said valuation and if the said coynes be sent for any debt as yet not due or to be made the said
all remedie against his estate for euer The consideration hereof maketh the debtor to retaine in his hands what they can to maintaine themselues their wiues and children and to keepe them from perishing which maketh also against the crditors profit The bodie of euerie subiect belongeth to the king To the preiudice of the king and common-wealth and euerie subiect is a member or single part of the bodie of the common-wealth so that to take this bodie and to cast the same into prison for debt where he must lie rotting idlely and vnprofitably all the daies of his life and die miserably is no other than to strip and rob the king and common-wealth of their limbes and members and consequently of the seruices and endeauours of a great number of subiects yearely of all degrees and professions to do seruice to the king and common-wealth which number of prisoners exceedeth all the prisoners in all other countries It is therefore in christian Charity wished and in all Godly Policie desired That the bodies and endeauours of all debtors may be free from imprisonment and the creditors recouerie be made against the debtors lands and goods according to the ancient fundamentall Laws of this Kingdome being most consonant to the Law of God to christian Charitie to the rule of Iustice and to godly Policie as aforesaid And that Interim the releife of prisoners may be permitted which the late Queene Elizabeth granted for her and her Successors in the 28. yeare of her Raigne by a large Commission recorded in the high court of Chancerie the exemplification whereof was by all prisoners for debt humbly desired Many other reasons are alledged in the said remonstrance inuectiue against vsurie and vsurors which I haue omitted and hereunto let vs adde certaine obseruations in generall concerning executions The Law is said to be a mute Magistrate but the Magistrates are a liuing Law THe strength of the Law is in commanding and the strength of commanding is in the constraining or executing of the Law which belongeth vnto Iudges and Magistrates The consideration hereof did produce a diuersitie of opinions whether Iudges or Magistrates ought to be for a time or terme of life the often changing of them being according to the custome of the Romans who did instigate men to accuse those that had not discharged the place of their office duely Customs of the Romans about execuâ—ion of lawes whereby wickednesse was not onely punished but also euerie man through emulation did endeauor himselfe to follow vertue and to discharge the place of his calling Besides whereas vertue in all common-weales is the principall point whereat men aime and whereunto the Law doth bind them So the distribution of offices is a reward of vertue which cannot be done to many when they are giuen in perpetuity to some few which many times hath beene the cause of sedition by the inequall distributions of rewards and punishments in some Common-weales Inconueniences of yearely officers True it is that there are many inconueniences if the officers be but for one yeare or a short time to the hinderance of the publike good for they must leaue their place before they know the duty of it and commonly vnto one that is but a nouice in the place whereby the affaires of the Common-wealth fall into the Gouernement of such as are incapable thereof and without experience And if they be fit for the place their time is short that it doth vanish away in feasts and pleasures and matters either publike or priuate doe remaine vndecided and euerie thing protracted without due administration of justice besides how is it in common sence and reason possible that he should command with the effectuall power of a Magistrate that within a little while is as it were a cipher without power or authoritie what subiect will yeeld him due respect and reuerence whereas on the contrarie it his office be perpetuall and his estate assured he is resolued boldly to resist the wicked to defend the good Commodities had by Iudges permanent to reuenge the iniuries of the oppressed and euen to withstand tyrants who manie times haue beene astonished to see the constancie of the Iudges and Magistrates in the execution of justice according to the law and herein is the common law excellent because the Iudges and Magistrates are authorised accordingly for terme of life as the dignitie of the place requireth and are also chosen with great solemnitie in regard of their integritie knowledge and experience in the lawes whereof they are the ornaments whereas to call the yearely Iudges in question after their time expired is a derogation and dishonour to the lawes in other countries The Sherifes and many other Officers which put in euery countie the writs commandments Subalâ—erne Officers annuall and iudgements of the courts in execution are remoued euerie yeare and the same being expired they may be called to account to answere for any misdemeanors committed by them during their office by the ordinarie course of the law which maketh them vigilant and circumspect in the execution of their places which they supplie either personally or by deputies for whose offence they must answere This authoritie and seueritie of the Iudges therefore doth preuent manie mischiefes putting a feare in the hearts of the offendors of the law by the rigour thereof which in criminall cases is called by some crueltie But the mercifull Iudge is more to be blamed in these cases than the seuere because seueritie maketh men to be obedient vnto the lawes whereas too much lenitie causeth contempt both of Lawes and Magistrates Neuerthelesse as there is in all common-weales two principall points which the Magistrates are to consider namely Law and Equitie so the execution of law is to be considered by the Magistrate who sometimes being too seuere may do more hurt to the common-wealth than good seing the intention of those that made the law Lawes intention is the common good was to prouide for the good of the common-wealth Salus populi suprema lex esto This may be said especially in regard of the statute Lawes whereof we haue the example of Empson and Dudley fresh in memorie who being priuie Councellors to king Henrie 7 caused the penall lawes to be strictly executed against his subiects whereby the king gathered much treasure with the losse of the loue of his subiects which was much displeasing vnto him as the Chronicles of this realme haue recorded Because there is nothing so effectuall to cause the prince to be called a tyrant than this course of strict execution of lawes which hath an affinitie with the saying of Nicholas Machiauell sometimes Secretarie to the great Duke of Tuscanie touching the condition of men in generall It is miserable that we cannot do all things The saying of Machiauell More miserable to do that which we would do and most miserable to do that which we can do Informers neuerthelesse are necessarie members in
Kintalls Centeners Talents Thousands Waighs Skipponds Charges Lispounds Rooues Stones and such like The second fort of Weights is by Pounds Mina Manes Rotulus c. The third diuision of Weights doth consist in the smaller diuisions of 12 14 16 18 20 and 30 ounces to a pound and the subdiuisions thereof The Talent of the Grecians 60 Minas Talentum euerie Mana 100 Dragmes so a Talent is six thousand Dragmes 8 of them to one ounce is 750 ounces Another Talent of Greece is 16 Sestertios being 40 Minas or Pounds of 18 ounces as also of 20 ounces In Aegypt it was 32 Sestertios or 80 Pound The 50 Sestertios of Cleopatra are 125 ll In Thratia 48 Sestertios being 120 Pounds In Africa 24 Sestertios are 60 ll differing also in the pound weight Cantar or Kyntall Cantar or Kyntall or Centener called hundreths of 100 112 120 125 128 and 132 pounds The Hebrews did call Cicar to bee 50 Minas or Maneg Weighs Weighs are commonly 165 ll or 180 ll or 200 1 â— for acharge Skippound Skippounds of 300 320 340 and 400 pounds the Skippound Lyspound Lyspounds of 15 and 16 pounds to the Lyspound Rooues Rooues or Arrobas of 10 20 25 30 and 40 pound to the Rooue Stones Stones of 6 8 10 14 16 20 21 24 and 32 ll and also 40 ll as more particularly appeareth hereafter in their proper places Mixias Mixias are also vsed whereof we find mention made in some books is ten thousand and is commonly vnderstood for 10000 Dragmes of 8 to an ounce and 12 ounces to the pound Markes Besse The pound is also diuided by Markes of 8 ounces and Besse of 12 ounces euerie ounce was amongst the Hebrews 2 Sicles or Stater Sicles Stâ—ter Gerag Siclus is sometimes taken for an ounce also halfe an ounce and quarter of an ounce which is Gerag or Obolus Mina Ptolomaica is 1 ½ Rotulus which is diuided into small parts viz. 18 ounces of 12 to one Rotulus 144 Dragmes of 8 to one ounce 432 Scruples of 3 to a Dragme 846 Obulus 1296 Lupes 2592 Siliquas or Carrats Inna or Maaâ—g Mina of the Grecians otherwise called Inna or Maneg is a pound 12 ½ Ounces 25 Staters or Ciclos 100 Dragmes or Rosoli 300 Scruples 24 to an Ounce 600 Obolus 900 Lupines 1800 Siliquas 3600 Areola or Chalcos Rotulus in Arabia Siria Asia Minor Aegypt and Venice is 1 ll 12 Ounces or Sachosi 24 Septarios or Cicles 84 Deniers of 7 to an Ounce 96 Dragmes or Darchiny 288 Scruples or Grana 576 Obolus or Orlossat 864 Danig 1728 Carrats or Siliqua 6912 Kestuff The 7 Deniers make an Ounce and there were Dragmes also of 1 ½ Dragme and of 1 ½ Dragme and of one Dragme called Alby In the Low-countries the Pounds are diuided diuersly in 16 Ounces euerie Ounce in 8 Dragmes or fifths and 8 parts And in France they call them 8 Grosses the 128 make one pound In other places they diuide the pound in 12 14 and 15 Ounces Difference of Pound and Ounces whereof the Pounds and Ounces both do differ which is the cause that hereafter euerie countrie hath a declaration thereof At Bridges in Flaunders they vse Pounds of 14 Ounces The Pound weight of Bridges and of 16 Ounces whereof the 100 ll of 16 Ounces make 108 ll of 14 Ounces which Ounces of 14 to the Pound are heauier for 100 Ounces of these are 105 â…“ Ounces of the 16 to the Pound which Ounces are diuided in halfe Ounces or Loot and euerie Loot in 2 Sizayns and euerie Sizayne in 2 Dragmes or Quintes The smaller proportions and subdiuisions of other places are as followeth Italian Pounds for physicke vsed in other places also 12 Ounces 24 Loot 48 Sizaynes or Siliqua 96 Dragmes 288 Scruples 576 Obolus 1728 Siliqua 5760 Graines The said Weight of physicke is at Lyons in France as the Merchants ll 12 Ounces 96 Dragmes 288 Scruples 5760 Graines The Pound weight of Venice 12 Ounces 72 Sextulas 1728 Siliqua 6912 Graines The Pound at Paris in France 16 Ounces 128 Grosses 384 Scruples 9216 Graines In Italie the Pound is also diuided 12 Ounces 24 Staters 96 Dragmes Vienna in Austria the Pound iâ— 32 Loott 128 Quintes 512 Pennings 12800 Graines Forasmuch as it falleth out most commonly that vpon triall of an vnknowne Weight we doe beginne from the smallest Weight or Graine and so ascend to the other proportions and to the Pound by comparing the same to our Graines and diuisions of the Pound Differences of Graines which in matter of mint for gold and siluer is of great moment when the pennie weight is diuided into 24 Graines in England and in the Low-countries into 32 Grains Let vs note the great diuersitie abouesaid of 5760 Graines to 12800 vsed at Vienna and other places proportionably to their pound and consider how easily we may be ouertaken therein whereof a more ample declaration is in the mint affaires There is also a great obseruation to be had in the correspondencie of Weights of one countrie to the Weights of another countrie vpon the hundreth subtle that is to say 100 pounds euen Weight And because in England all wares of Volume or Bulck is sold some by the hundreth weight of 112 ll and some is sold by the pound as spices sugars and such like yet are weighed by the said weight of 112 ll and that moreouer there is an ouer-weight allowed called Trett which is 4 vpon the 112 ll and also 2 ll vpon euery skale of 3 hundreth weight called Cloff which is abated betweene the buyer and seller Trett and Cloffe and so there is a losse of weight by this Trett and Cloff and especially because the commodities imported are bought by the weight of forreine nations I haue thought conuenient to describe the said correspondence of Weight according to the 100 ll subtle of Antuerp being generally knowne in all places and for the Weight of London to make some obseruations particularly The correspondencie of Weight of most places of Trafficke Antuerp THe Custome of Antuerp is to weigh by the hundreth pounds euen weight called Subtle for the which commonly there is allowed at the weigh-house 101 ll A Stone weight is 8 ll the Skippound 300 ll the Weigh 165 ll the Carga or Charge 400 ll which are two Bales of 200 ll for an horse to carrie on either side and the Pound is diuided into 16 Ounces The said 100 ll weight of Antuerp weigheth in the places following London At London and all England 104 ll subtle weight and of the Kyntall weight of 112 ll it weigheth 91 ½ ll At Dublin and all Ireland also Dublin 104 ll and 91 ½ by the great hundreth At Edenburgh in Scotland 96 ll and all Scotland ouer Edenborough and 103 â…“ for 112 ll The said 100 ll make 189
of Wooll is 364 ll weight of Auoirdupois two Weighes of Wooll make a Sacke and 12 Sackes make a Last But a Last of Herrings containeth tenne thousand A Last of Herring and euery thousand containe tenne hundreth Load of Lead The Load of Lead is 175 ll the Fother maketh nineteene hundreth and one halfe Concerning MEASVRES Yeard THere is a yeard deriued from the Graines of Barley Three Barley Cornes in length make an inch and twelue inches one foot and three foot to the yeard and 16½ foot make a Pole or Pearch to measure land withall Pearches Albeit this Pearch doth varie in some places being 18 and 21 foot Of these Pearches 40 in length and 4 in bredth make the Acre of land or wood Acre of land Whereupon Plinie lib. 2. cap. 23. deriueth Stadium to be a Furlong Furlong which containeth 125 Paces euerie Pace 5 Foot the Foot is to containe 4 Palmes and euerie Palme 4 Fingers bredth The bredth of silke Cypers bending and Curld N o. 6 is 3 Nailes broad n o. 8 is 3½ Nailes Bredth of Cypers and n o. 10 is ¼ of a yard broad n o. 12 is 5 16 of a yard n o. 14 is â…œ of a yard n o. 16 is 7 10 of a yard n o. 18 is ½ a yard broad Note in all plaine Cypers they abate 10 vpon the hundreth and so bring them from Braces into Flemish Elles and in the curld they abate 25 ê‘ cent and in bending 16 in the hundreth Genes silke by the Paune of 104 to the hundreth is ¼ 26 yards English Of silke wares Bolonia silkes by Braces the 100 are 89 Flemish Elles Florence silke by Braces the hundreth 81â…” Flemish and 61¼ English Luca by Braces the â…š part of a Flemish Elle or â… of a yard English Venice by Braces the 100 are 95 Flemish and 71¼ yards so Norenborgh Seuill by Varres the 100 is 123½ Flemish and 92â… yards 74 Elles Roan by Elles the 100 is 125 yards and 157½ Varres of Spaine And the 110 Elles English is 135½ Varres of Spaine The 100 Elles Flemish is but 60 Elles English There are 8 Bushells in a Quarter Corne measure as before fiue Quarters to a Tunne lading and ten Quarters a Last but alwaies 10¼ or 10½ for a Last of Holland Salt fortie Bushels make a Waigh Salt water measure of tenne Gallons At Plymouth they measure by a Bushell alien measure whereof 24 make a Tunne and eight make a Quarter so three Quarters make one Tunne and euerie Bushell is eighteene Gallons so that a Tunne of Salt at Plymouth is bigger than a Waigh of London by 32 Gallons The Measures of Lands THe measuring of Lands in distance or length extending to miles or the partition of Lands by Measures Acres Arpentiers Bunderen c. is done by a Measure or Road which is diuided in 10 12 14 16½ or 20 Foot and the Foot is diuided in a certaine number of Ynches 10 12 or 16 which are also differing in bignesse Digitus or Finger is in bredth 4 Barley corns laied close together A Thumbe or Inch is 6 Graines or Barley cornes making two of them three Ouncia is 3 Fingers or 2 Thumbes Palma in Greeke Doron is 4 Fingers is the 24 part of a mans stature Lichas or Dichas is a Span of a hand with the Thumbe and fore-finger or ten Fingers sometimes taken for two Palmes which is eight Fingers Orthodoron in Greeke is the length of a mans hand or 11 Fingers Spithama or Span with the Thumbe and the little Finger is 16 Digiti or Fingers also Greciaries 12 Fingers is 3 Palma in Latin Dodrans Pes a Foot is 16 Fingers or 4 Palmes or the â…™ of a proportionated mans stature Pigme is 18 Fingers so a Pigme is a tall fellow Pigori is 20 Fingers called Cubitus from the elbow to the fingers doubled Cubitus is 24 Fingers or 6 Palmes is ¼ of a mans stature or Sesquipes 1½ Foot or 2 Dodrantes from the elbow to the point of the longest finger Gradus a step is two Foot or 32 Fingers as betweene both feet distant Passus simplex is 2½ Foot halfe a remoue of the bodie Passus is a Pace with 2 leggs making from the heele to the toe 5 Foot Orgia or a Fathome is 6 foot in Latin Vlna or 4 Cubicos Stadium is Aulus of 125 Paces of 2½ foot is 312 foot Greece 100 Paces was the running of one man with one breath as Hercules did Diaulus is 2 Stadia Hippicon 4 Stadia the running of a horse Dolicos is 12 Stadia about the sixth part of a Dutch mile Signes or Scena or Funiculus in Aegypt is 60 Stadia is an houres going and euery man did draw the line going vp by boat Stadmos was a Posts iourney Miliare vel Leuca are diuers But a Flemish mile is 1400 Roads Gradus Geometrorum wherewith the world is measured round about is 15 miles so the world is 360 Gradus in toto 5400 miles or at 4 miles for one Geometricall mile is 21600 miles The most commodious measure and more vsuall is the Road of 14 foot rather than our pearch of 16½ foot and one hundreth of these Roads are called a Line of land and three line make a great Measure of land so called by the name Measure whereupon we now proceed A Line of land lying one foot broad the length of a mile and a plough going one foot broad may be accounted to go a mile the land square 100 foot for a Road and the Line of land one Road broad is 10600 foot A Line square is 10 thousand Roads or 33â…“ Measures as aforesaid For a Measure is 300 Roads and square 17½ Roads containing 58800 Foot This Road is called in Germanie Pertica making there 15 Foot and in Flaunders accounting 1400 Roads for a mile is 10600 Foot in length A way one Road broad is called a high-way for passengers Pedanticall A mile in length containeth 4â…” Measures of land the way of a wagon is accounted 9â…“ Measures Some in Flaunders do reckon 1000 Roads for a mile but is of 20 Foot the Road. Miliare was the distance or marching of a campe without baiting called Rastrum or Rastas was 4000 paces The difference between miles is not to be reconciled euery countrie hauing their owne computation and that differing in most places within themselues In Saxonie a mile is 4000 Paces in other places in Germanie 5000 Paces In France they call them Lieux or Leucas and in a parleament there it was appointed to be 1000 turnings of the wheeles of a Wagon wherof the formost made wheele was 12 and the hindmost 18 foot which betweene was adiudged vpon 15 Foot is of a Dutch mile but ¾ In Spaine one Dutch mile maketh one mile and one halfe In England 4 of their miles to one Dutch mile being there 1000 Paces In Italie 1000 Paces wherof the 3 is a Duch mile Florence 3000
Braces for a mile of 6 Roads is 1300 Roades Holland 2000 Roads is 5 Holland miles for 4 Flaunders miles In Aegypt their Cubitus Geometricus is 6 of our Cubits they reckon by Scena which is a Spanish mile Persia Parasangia of 30 Stadia or Funiculi they measure with 24 fingers the cubit and Cubicus Regius is 27 Fingers The Romans did vse the Finger Palme and the Foot making foure Palmes In the measuring of lands and waies diuers measures were by the said Romans diuided into 12 ounces and the ounce in 24 scruples and so they called a foot a pound and 2 foot Dupondium The Emperors tables were foure foot square euery way yet in vse in Germanie and the east-East-countries but in England France and the Low-countries are longer than broad is to sit 16 persons euerie where Iugerum is vsed as a measure in Castilia and about Rome being an old measure Iuger quasi Iunctus being one daies labour of two oxen at the plough vno iugo Bovum was the space of 240 Foot broad 120 containing 28800 which is correspondent to one halfe great Measure of land wherein they did also vse many diuisions and subdiuisions according to the pound weight Of the nature and diuersitie of Colours ALbeit that colours are not comprehended in themselues vnder weight and measure yet because the quantitie of the stuffe wherby things are dyed are done by weight as you may note in the precedent obseruation of Woad and for that merchants may giue the better iudgement of colours knowing the nature thereof I haue thought good for varieties sake to intreat thereof The nature of all colours is confined betweene White and Black and the originall colours proceeding and relating to the middle of them which is Greene for so experience hath taught vs in progresse of time by long obseruation wherein by Art I haue found the truth by variation without the mysterie of dying more certaine than Aristotle or other Phylosophers by reason haue conceiued according to the Theoricke part by them described which by the Practicke part I am assured of by experience as aforesaid The originall or primarie colours are seuen as compleat in number and all other colours are mixt and deriued from them according to the order following Albus White easily conuerted by decay of nature Flanus Yellow easily conuerted by decay of nature Puniceus light Red is neither Blew nor Purple Viridis Greene apt to be made into Blew Purpureus Purple easily turned to Blacke Caruleus Blew easily turned to Blacke Niger Blacke the true ground whereof is Blew All colours are light or obscure Lucida vel Opaca and they all except Blacke may be called light as more or lesse partaking thereof In White is most light and shadow or darknes least or none at all In Blew is the contrarie most shadow and lesse light In Yellow is inward light and lesse obscuritie In Purple is the contrarie inward obscuritie and lesse light In Greene is equalitie of light and darkenesse In light Red is more light than obscuritie So that for too much want of obscuritie commeth whitenesse and for too much want of White or lightnesse commeth blacknesse and a cloth dyed Yellow being put into the Blew woaded vessell maketh an excellent Greene. There was light and darkenesse before the Planet of the Sunne was created albeit the distinction betweene day and night is ascribed to the Sunne Now the Moone hath no light but what the Sunne doth impart vnto her and the colours of the Raine-bow in the day time being produced by the foure Elements doe approoue these colours to be so in nature whereof the Philosophers haue giuen a reason accordingly But considering the curiositie of them and especially of Aristotle it is strange vnto me that they haue not made mention of the colours of the Raine-bow in the night time when the Moone is at full and opposite to the Sunne which colours neuerthelesse take a reflection vpon the cloudes and obscuritie of the night far differing from the colour of the Raine-bow in the day time vpon the declination of the Sun insomuch that albeit all colours must be discerned by light and so iudged accordingly yet their operation doth differ very much as may bee shewed The propertie of all colours is to bee subiect to the ayre and Sunne and all of them doe vanish but in the blacke it is least seene and is also the surest hauing his ground vpon the blew so it bee a blew substantiall of Woad or Indico which is the extraction of the Herbe Glaustum or Anill in the East and West Indies like vnto our greene Woad but the leaues of it are round and not long howbeit the climate and ground make the maine difference There was of late yeares two great controuersies at the Councell Table the one concerning the dying of Black-silke Dying of Blacke silke called London Dye the other concerning the vse of Log-wood being a false glorious colour Concerning the London dye of Silke it was prooued that one pound of 16 ounces was by sophistications of additements augmented to 32 ounces and fortie ounces which fraud commeth to passe by reason of the gummy matter or substance whereof the silke was not purged for blacke dye as it is in colours whereby it made such an increase in weight To preuent this abuse a Corporation of Silke-men were made and neuerthelesse forasmuch that a reasonable increase of 8 ounces doth looke fairer and can bee better vsed there remained a tolleration of this increase in London The way to find out the fraud was by controlling the weight by measure which by convulsion becommeth contracted so that if the silke being purged decreaseth 16 ounces to 13 and 12 will moderately haue afterwards some increase then this silke being measured by the yard in Skeanes and marked with Leads and so deliuered to the Dyar must bee receiued accordingly without such contraction and decrease of length by the increase of weight these two controlling each other The indifferent course therefore is the golden meane Dying by the helpe of Logwood so is it done concerning Log-wood being good cheape and fit for dying of a faire colour although vanishing seruing for the poore people wearing couse Stuffe or vsing things of small value that notwithstanding that the vse of it was prohibited as well as the importation yet now of late there is a competent quantity admitted to be vsed by Letters Pattent and Proclamation A Table of the Standard for the true making of Woollen Clothes according to the Waight and Measure declared by the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine c. THe Sacke of Wooll appointed by King Edward the third is distinguished according to the Lunare yeare of 13 monethes of 28 dayes making in all 364 ll or 365 ll for so many dayes in the yeare the Todd of Wooll being 28 ll for so many dayes in the moneth and 13 Todds for so many
wares and durable commodities to the impouerishing of kingdomes and common-weales And not only is this commutation or exchange abused in kind but also in the price paying too deere for the one and selling the other too good cheape whereby commeth an ouer-ballancing of Commodities in price and qualitie and not in quantitie whereby in effect Ouer-ballancing of Commodities Moneys are giuen to boot and as it were ouer and aboue the reasonable estimation of things and herein is the course of Exchanges by Bills predominant and ouer-ruling both the course of Commodities and Money as shall be at large demonstrated hereafter For the said three essentiall parts of Trafficke are properly the Bodie Soule and Spirit of Commerce The Bodie Soule and Spirit of trafficke and haue their opperation accordingly The first as the Bodie vpheld the world by commutation and bartring of Commodities vntill Money was deuised to be coyned The second as the Soule in the Bodie did infuse life to trafficke by the means of Equalitie and Equitie preuenting aduantage between buyers and sellers The third as the Spirit and facultie of the Soule being seated euerie where corroborateth the vitall Spirit of trafficke directing and controlling by iust proportions the prices and values of Commodities and Moneys True it is that this Spirit and facultie of the Soule namely the Exchange for Money taketh his originall from the Soule which giueth life to the bodie of trafficke that is to say The exchange for Moneys by Bills of Exchanges is grounded vpon Moneys and Moneys were inuented and made by common consent to be the rule and square to set a price vnto all things and the right and true judges of them and is therefore called Publica Mensura Money the publicke measure at home or the publicke measure between man and man But since the manner of Exchange was inuented betweene nations and nations or countrie and countries Moneys did onely remaine the publicke measure within the realmes or common-weales of euerie countrie betweene man and man according to the valuation of Princes and States imposed vpon Moneys and the Exchange of Moneys by Bills became Publica Mensura betweene vs and forreine nations and between all nations in the course of commerce Exchange for Moneys the publicke measure betweene nations according to which Exchangeal Commodities are bought and sold. And albeit that the aboundance or quantitie of Commodities and the many or few buyers or the scarcitie of Commodities causeth the prices of Commodities to rise and fall and likewise that plentie of Money maketh things deere and scarcitie of Money maketh them good cheape as a propertie inherent vnto Money as a true measure yet we must obserue in true order That both Commodities and Money are Passiue Commodities and Mony are things passiue since th' exchange was inuented which is only Actiue and that in countries where all the essentiall parts of trafficke are vsed But howsoeuer the Maxime is to be obserued in the auoyding of the said ouer-ballancing of Commodities in price and qualitie Marcus Cato therefore saieth aduisedly Oportet patrem familias esse Vendacem non emacem A prince therefore as the father of the common-wealth ought to be a seller and not a buyer which commeth to passe when the expences of his common-wealth do not exceed his incomes and reuenues this to be effected by keeping a certaine equalitie in the trafficke betwixt his kingdome and forreine nations Natural riches Artificiall riches For riches being naturall or artificiall and both subiect to Number Weight and Measure requireth a certain equalitie in the true coÌ„mutation of things between vs and other nations Iustice distributiue and commutatiue And justice being distributiue commutatiue euerie man of iudgement knoweth that this part is comprehended vnder justice commutatiue and that all trafficke consisteth of the land Commodities Land Commodities Sea Commodities and of the Commodities of the seas and lastly of the Commodities of other countries and nations For God caused Nature to distribute her benefits or his blessings to seuerall clymats supplying the barrennesse of â—some things in one countrie with the fruitfulnesse and store of other countries to the end that interchangeably one common-weale should liue with another These Aphorismes or selected points are of great importance for as is noted before gaine being the scope of all merchants is procured without regard had to the common-wealth the wealth wherof cannot properly decrease but three manner of waies Proper causes of the decrease of wealth in a State namely by selling our home Commodities too good cheape by buying the foreine Commodities too deere and by the transportation of Monys in specie when the exchange of monys doth not answere the true value of it by Bills of Exchanges as shall be plainely demonstrated Exchange the Rudder of trafficke For this Exchange is the Rudder of the ship of Trafficke fastened vpon the Parallel of the keele of Equitie which doth rule and direct the said ship vpon all the variations of the Commodities of all countries Many men knowing that the Rudder doth gouerne the ship can notwithstanding giue little reason of the cause of it but admire to see so small a piece of timber haue so great an operation yet no man is so foolish as to attribute that power vnto the sailes or any other appurtenances of the ship or to the maine bodie of it called the hull of the ship Great is the error therfore of those that will ascribe any effectual operation to the quantitie of Commodities albeit there was a trafficke and commerce without either Money or Exchange for Money when the course of it was like a ship sailing without Rudder or Compasse Money may well be compared to the Compasse Money as the Compasse of a Ship and Exchange the Rudder hauing so manie variations vpon the seuerall standards of the coines of all countries and changing continually from time to time in valuation Princes and Common-weales taking aduantage one against another either to draw treasure into their Kingdomes and Territories or to aduance the price of their countrie Commodities And Exchange may properly be compared to the Rudder of a Ship which commandeth the directions of the Compasse accordingly and so doth the Exchange command the course of Money for let the standards of Moneys be altered either in weight finenesse or valuation the Exchange by altering the price with great facilitie according to equity is able to meet and ouer-rule them all as shall be declared in the progresse of this booke The learned haue determined Principles or Axiomes what they are c. that no argument or disputation is to be maintained with those that will denie Principles which by reason and common consent are indisputable and stand of their owne authoritie for by an vndoubted Principle or Axiome we know That the whole is bigger than his part that two is more than one and that two equall things being equally diuided into
5400 Geometricall Miles or 21600 ordinarie Miles But whereas the Miles in all Kingdomes and Countries and almost in euerie Prouince or Shire doe differ I haue thought conuenient to admit one measure of one million of Acres of ground to measure the whole Globe therby according to the Map which is not only intelligible vnto al men but al merchants also may haue vse hereof For by the number of the millions of Acres comparing one Kingdome vnto another or one Countrie vnto another Countrie they may know the bignesse and spaciousnesse thereof which we haue particularly obserued in Europe with a distinction also of the Dominion of Princes in these seuerall Countries knowne by the name France Italy Germany and others which many times falleth into consideration vpon singular occasions This Globe of the world is diuided to be two third parts Water or Seas and one third part Land and of this Land there is one third part not inhabited and the other two third parts are as followeth The whole Circumference by the aforesaid measure is 19 803 575000 which is 29 milliars 803 millions 575 thousand Acres and the milliar is tenne hundreth millions A Milliar is ten hundreth Millions So the ⅔ part water is 19 milliars 869 millions and 50 thousand acres of ground answerable and the other part third is 9 milliars 934 millions 525000 acres Hereof deduct ⅓ part not inhabited which is 3 milliars 311 millions 508 thousand acres So rest 6 milliars 623 millions 17 thousand acres of land inhabited whereof followeth a particular distribution First for Europe or Christendome England containeth 29 millions 568 thousand acres Scotland containeth 14 millions 432 thousand acres Ireland containeth 18 millions So these three Kingdoms with all their dominions of lands and Ilands adiacent vnder the Diademe of King Iames containe 62 millions of acres of ground c. England is by this computation accordingly with the dominion of Wales and all Islands thereunto belonging the thousand part of the whole Globe or the 222 part of the earth inhabited or the 333 part of the whole earth and Scotland may be full the one halfe of this computation that is the 444 part of the earth inhabited or the 666 part of the whole earth and the Monarchie of great Brittaine and the Kingdome of Ireland is the 480 part of the whole Globe vnnecessarie fractions in cypher omitted The bodie of the Sunne is 166 times bigger than the whole Globe of the world and so accordingly for the seas and earth as aforesaid The 17 Prouinces of the Low-countries Containe 10 millions 797 thousand acres whereof The reconciled prouinces with Spaine containe 7 millions 197 thousand acres The vnited prouinces vnder the States containe 3 millions 599 thousand acres The Kingdome of France diuided into 32 prouinces containeth in all 82 millions 879 thousand acres The kingdomes of Spaine being eight in number containe as followeth   m. Castile 25 Millions 730. Andalusia 2 millions 425 Granado 2 millions 128 Nauarre 1 million 458 Leon galisia 9 millions 124 Arragon 13 millions 104 Biscaye 3 millions 412 Portugal 10 millions 154 In all containing 67 millions 535 thousand acres ITALIA Vnder Spaine   m. Naples 11 millions 704 Lombardie 1 million 640 Vnder Venice   m. Treuisana 2 millions 584 Verona 0 millions 480 Frioul 1 million 047 Mantua 0 millions 480 Vnder Rome   m. Liguria 1 million 415 Romagnia 1 million 085 Latium 0 millions 480 Hetruria 0 millions 540 Sauoy 1 million 910 Piedmont 1 million 160 Toscana c. 4 millions 785 Suria and Florence 480 Marca 1 million 412 Ancona Parma 0 millions 885 Sicilia 3 millions 113 Cypres 1 million 601 Candia 2 millions 060 Corsica 1 million 395 Sardegna 4 millions 089 Containing in all 44 millions 257 thousand acres GERMANIA   m. Saxonia 3 millions 484 Misina 3 millions 249 Turnigia 1 million 093 Lusatia 2 millions 572 Bauaria 3 millions 249 Helsatia 3 millions 644 Heluetia 12 millions 328 Basle 0 millions 842 Swebourgh 2 millions 109 Salsbourgh 1 million 063 Trier Ments 4 mill 237 Spiers Strasbourgh and Wormes Iuliers 0 millions 348 Cleaue 0 millions 258 Westphalia 2 millions 300 Osnab 0 millions 358 Silesia 5 millions 706 Bohemia 7 millions 024 Austria 6 millions 121 Morauia 4 millions 114 Pomerania 3 millions 249 Brandenbourgh 6 millions 208 Machalbourgh 2 millions 107 Franconia 6 millions 361 Tiroll 3 millions 249 Carinthia 1 million 588 Stiria 1 million 779 Palantine Rhene 4 millions 361 Wirtenborgh 1 million 223 Embden 0 millions 230 Oldenbourgh 0 millions 449 Liege 0 millions 548 Coloigne 0 millions 215 Containing in all 95 millions 646 thousand acres Prussia 10 millions 240 thousand acres   m. Russia 9 millions 607 Volhimia 5 millions 762 Massouia 1 million 916 Liuonia 34 millions 115 Poland 19 millions 205 Heretofore named Polonia containing in all 80 millions m. 845. DENMARKE   m. Denmarke 10 millions 426 Norway 28 millions 492 Holsten 1 million 065 Ditinars 0 million 337 Containing in all 40 millions 326 thousand acres SVVETHEN Sweathen 57 millions 430 thousand acres Finland 7 millions 531 thousand Gothia 20 millions 936 thousand Containing in all 85 millions 897 thousand acres Part of Russiia or Moscouia and Situam vnder Europe 232 millions 558 thousand acres so that whole Europe or Christendome doth but containe 802 millions 740 thousand acres EVROPE which is not the 12 part of the whole earth Hungarie Dalmatia Transyluania and all Turkie 385 mill m. 367. Moscouiae Pars 128 millions 817 thousand acres Tartaria 299 millions 110 thousand ASIA Persia 385 millions 367 thousand Calicut and East-India 587 millions 200 thousand acres Africa containeth 1541 millions 883 thousand acres AFRICA America containeth 1152 millions 400 thousand acres AMERICA Noua Hispania 1349 millions 133 thousand acres Summa totalis of the inhabited parts of the World six Milliars six hundreth and twentie three Millions and seuen tenne thousand Acres of Land Vt supra THE vse of this description to know the bignesse of one Countrey compared vnto another Countrey is for example England containeth twentie nine Measures and odde Bohemia containing seuen Measures and odde is the fourth part of England or thereabouts The seuenteene Prouinces of the Low Countryes being tenne Measures and odde is the third part of England or thereabouts The Monarchy of Great Brittaine being fortie foure Measures and odd is as big as all Italy and the fiue Ilands of Sicilia Cyprus Candia Corsica and Sardignia and is also more populous And so for all other Countryes insomuch that England onely containing twentie nine of those Measures or Millions 568 thousand Acres of ground if wee deduct the fiue Millions and 568 thousand Acres for wilde waste grounds and High-wayes One penny an Acre is one hundred thousand pounds in England there will remain foure and twentie Millions of Acres which at one penny an Acre amounteth to one hundreth thousand pounds a
found prettie store of Pearles and the climate being colder maketh the colour of them to be dimme albeit I haue seene some very faire and pendants also The small Pearle is also very wholesome in medicinable Potions Of the Commodities of Great Brittaine England THe Commodities of Great Brittaine containing the Kingdomes of England and Scotland and the dominion of Wales are rich and Staple wares and very aboundant with a continuall increase namely Woollen Clothes of all sorts broad and narrow long and short called and knowne by the names of seuerall Shires being 250 thousand Clothes made yearely besides the new Draperies of Perpetuanaes and the like commodities Tinne wrought and vnwrought aboue twelue hundreth thousand pounds yearely Lead transported and vsed aboue eight thousand Fodders euerie yeare Allomes made in aboundance aboue seuen hundreth Tunnes yearely Copperas made according to the quantitie vsed some 250 Tunnes yearely Yron of all sorts setting 800 Furnaces on worke Yron Ordnance or cast Pieces according to occasion made Wools and Woolfels and Calfe skinnes in great quantitie and Conie skins Stockins of all sorts of Silke Wooll and Yarnsey Yearne and Woolls Buffins Mocadoes Grograines Sattins Calamancos Veluets Worsteds Sarges Fustians Durance Tukes and all other Norwich wares and Stuffes Saffron the best that can be found in any countrey Glasse and Glasses of all sorts Venice gold Sea-coale and Salt Scotland Scots-coale Wheat Barley and all kind of graines in both Kingdomes Linnen Cloth and all Ironmongers wares Hides Tallow Leather drest and vndrest Trayne Oyle Salmons Pilchards Herrings Hake Conger Red-Herring Hops Woad Butter Cheese Beere Salt-peter and Gun-powder Honny and Wax Alablaster and many other Stones The Commodities of the Kingdome of Ireland are Ireland VVOolles Felles Yarne Furres Flax Linnen Cloth Hides Tallow Hempe Honny Wax Herring Cods Hake-fish Salmonds Eeles Ruggs Mantles Irish Cloth Pipestaues Yron and Lead Wheat and all kind of graine Salt-beefe Butter and Cheese and many Manufactures The Commodities of the Kingdome of France are WInes Prunes Canuas Linnen cloth Salt Veluets Raw silke France and diuers stuffes of Silke Buckrames Boxes with Combes Paper playing Cards Glasse Graine to dye Rozen Wheat and all kind of Graine corne The Commodities of Spaine and Portugall are WOols Madera Sugar Almonds Wines Oyles Anny-seeds Spaine and Portugall Anchoues Bay-berries Bariglia Figs Raisons Traine-oyle Yron Oranges Leamons Sumacke Saffron Soape Coriander Cork Licoras Woad and the commodities of the West Indies Sugar of Brazill Fernandebucke Wood Tabacco and other commodities The Commodities of Italy and certaine Ilands VEnice Gold Veluets Sattines Cipres Silkes Italy Cloth of Gold and Siluer Cottones Fustians Wines Currans Cloues Rashes Rice Sarcenets Raw Silke Allomes and Vitrioll Glasses and other Manufactures The Commodities of Germany and places adioyning WOolles Argall Steele Latine Copper Yron̄ Germany and all kind of Manufacture made of them Copperas Allomes Lead Fustians Paper Linnen cloth Quick-siluer Bell-mettall Tinne Renish Wines and Mather The Commodities of East-land and thereabouts AShes Bowstaues Cables Canuas Buffe-hides Flaxe Hempe Eastland Honny Wax Stock-fish Spruce Yron Match Wheat Rye Meale Woolles Waynscott Pitch and Tarre and Linnen cloth Cordage and Ropes The Commodities of Denmarke and Norway and Sweaden WHeat Rye Woolles Deales Clap-boord Pipe-staues Denmarke Norway Sweaden Masts Waynscot Copper Timber Fish and Furres Allomes in some places The Commodities of Russia Russia TAllow Hides Caueare aboundance of rich Furres Blacke Fox Martins Sables and the like Honny Wax Cables Ropes and Cordage The Commodities of Barbary Barbary GOat skinnes Almonds Dates Aneale Gumme Feathers Salt-peter Gold plentifully and from Guynea Hides Oliphant teeth and Graine The Commodities of the Low Countries Low Countries TApestrie Battery worke Steele Cambrickes Lawnes Hoppes Mather Butter Cheese Grograines Bozatoes Chamblets Mocadoes Brushes Tape Linnen cloth Pots Bottles Wheat Rye Salt Chimney backes Blades Horses Soape Fish Herrings Cods Ling and many things as Diaper Smalt Hoopes of Yron The Commodities of the West Indies FRom the Low Countrie beginning the West India Trade let vs set downe the commodities of it seeing that the States of the vnited Prouinces haue made lately a Societie of Merchants bearing date the ninth of Iune 1621 wherein other Nations may be aduenrors as by their letters Pattents appeareth prohibiting all other their subiects or inhabitants that they shall not trade from the said countries nor out or from any other kingdome and countrie whatsoeuer Letters Pattents for the West India Trade by the States c. vnto the coasts and countries of Africa from Tropicus Cancri along to the cape of Bona Speranza neither in the countries of America from the South end of Magellanes le Mary and other straits to the straits of Anian on euery side Noua Guinea included vpon forfeiture of the ships and goods and all their possessions within their iurisdiction and command and arrests of their persons vnlesse they be of the said Company made and established for the West India Trade Gold and Siluer Cucheneale Sugars rich Indico Donnigo Ginger Pearles Emeraulds Hydes Campeche or Logwood Salsaparilla Tabacco Canafistula Cocos-wood Lignum vitae Cottonwooll Salt and some other druggs for Physicke or dying of Stuffes And this may suffice for a declaration of the principall commodities of most countries CHAP. VIII Of Commutation or Bartring of Commodities WE haue compared Commodities vnto the bodie of trafficke which did vphold the world by commutation and Bartring of Commodites before money was deuised to be coined whereof we are now to intreate For commutation barter or trucke of Commodities was first effected in specie by deliuering one Commoditie for another according to the commodious and behoofull vse of man so that one did deliuer so many measures of Corne for so many measures of Salt as was agreed vpon another so many pound of Wooll against so many pound of Pepper Sugar or other commodities an other so many peeces of such a commodity for such a commodity or so many Hides for one barre of Yron or so many peeces of Siluer vncoyned but weighed and exchanged as yet is vsed in some places of America Barbarie and Guynea and other countries This may be properly called an exchange of commodities or rather a permutation of commodities albeit the Ciuilians when there is scarcitie of Gold and Siluer in a countrie and when the commodities in value surmount the money paied for them they do call that a permutation and denie the same to be an emption by their distinctions how soeuer this manner of commutation or barter was made by number weight and measure of commodities in kind but moneys being inuented and valued by the publicke authoritie of princes according to their seuerall stampes or coyne and by common consent made Publicae Mensura or the publicke measure to set a price vpon euerie thing This commutation barter or exchange of commodities for commodities was and is since that time made
a summe of money of the owners of a ship in consideration that he fraighteth the said ship for a voyage promising to repay the said money at the returne of the said voyage if the said Factor haue fraighted this ship for another mans account this Merchant is to haue the benefit of this money during the time and if the Factor conceale the same he is to repaire the damage thereof which is to be considered both for the interest and aduenture of the seas for the said owners beare the same and it is supposed that the Merchant would haue assured so much the lesse or by imploying that money towards the lading of the ship he should disburse to much money lesse to make the said voyage and it may be thought that in regard of that money the fraight is made the greater whereof the said owners of the ship haue had a consideration by disbursing the same Assurance If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage and haue moneys in his hands to pay for the Premio or the price of assurance and this Factor doth neglect the same and giueth no notice of it to the Merchant who might haue made assurance in another place and the said ship or goods do perish at the seas this Factor is to answere the damage vnlesse he can giue some sufficient reason for the non-performance of the said order or Commission Composition made without order If a Factor hauing made assurance vpon goods laden which afterwards are taken by the enemie maketh any composition with the assurers for the same without order or Commission for it he is to answere the whole assurance to the Merchant A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London himselfe dwelling at Antuerpe and being a subiect to the king of Spaine in the late warres caused 2000 ll to be assured at London vpon the said goods the ship and goods was taken by the Gallies of Sicilia and brought to Palermo where it was proued that the goods did appertaine to the King of Spaine his subiects but that there was 2000 ll assured at London by English Merchants their enemies in those daies pretending thereupon to take the said goods for forfeited or so much of them as should amount to the summe so assured Hereupon the Assurers hauing intimation from the Factor of it desired to make some composition to auoid that danger whereby the goods also might bee sooner cleered and the possession obtained for the owner and proprietarie thereof which was the Merchant of Antuerp wherein expedition was required The Factor in regard of the said expedition did not stay to receiue an answere from the Merchant what hee should doe but maketh a composition with the assurors for 60 pound for the hundreth pound to be payed instantly The goods were afterwards all recouered whereof so much as had beene assured was formerly relinquished to the assurors for the Merchant would not condescend to make any composition with the assurors So that the Factor did beare the aduenture to lose 2000 ll for some 1200 ll which hee had receiued if the goods had not beene recouered and therefore the said Factor tooke to himselfe the benefit of this composition by the aduice of the experienced Merchants If a Factor by errour of account doe wrong vnto a Merchant Accounts hee is to amend and to make good the same not onely for the principall but also with the interest for the time So on the contrarie if a Factor for his owne wrong haue forgotten to charge the Merchants account with some parcells payed out for him or made ouer by exchange the Merchant is to answere for it with interest for the time In these precedent obseruations are comprised all other cases of differences which may happen betweene Factors and Merchants CAHP. XVII Of the beginning of Sea Lawes HAuing in the former Chapters methodically intreated as also in this hitherto of the matters therein intended neuerthelesse according to the Contents of them the matter being of seuerall natures runneth promiscuously but in the end will performe the worke For as the roundnesse of the Globe of the world is compounded of the Waters and the Earth So this worke of the Law-merchant cannot be compleat without the Sea Lawes so called Lawes because they are written and knowne for without Nauigation Commerce is of small moment so that the Land affaires shall be intermixed with Sea-faring matters accordingly Some doe attribute the first making of Sea Lawes to the Pheniciaus and Carthaginians because Plinie doth ascribe the Art of Sayling vnto them But by the most ancient Records the Beginning must be from the inhabitants of the Island of Rhodes Rhodian Law scituated within the Mediterranean Sea who were most famous for shipping and sayling as Strabo hath written and surpassing all Nations in knowledge of equitie in Maritime causes and the Mediterranean Sea was for aboue one thousand yeares onely ruled by their Law called the Rhodian Law although augmented with some additions of the Romanes At last as some haue recorded when all sorts of Lawes by the euersion and lacerating of the Romane Empire were in a manner buried the Rulers of Rome in the yeare 1075 made new Sea Lawes and Statutes and so did euery chiefe Seafaring Towne vpon the said Mediterranean Coast adding thereunto other ordinances So did they of Marseilles in the yeare 1162 Genoa in the yeare 1186 they of Peloponessus called Morea in the yeare 1200 the Venetians in the yeare 1262 Constantine 1270 Iames King of Arragon the said yeare Peter King of Arragon 1340 and they of Barselona 1434 Which Lawes are collected and extant vntill this day But on the great Ocean Seas The Law of Oleron the first Lawes were made by the inhabitants of the Island of Oleron scituate on the Sea-coast of France neere Saint Martin de Rea against the Riuer of Charante which was called Le Roll d' Oleron by which the controuersies on that Coast were determined and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries whereupon diuers Statutes both in England and Scotland haue been enacted for Sea-faring businesse and in like manner diuers ordinances in the Low Countries especially since their fishing trade began Edward the third King of England caused with the aduice of diuers men of knowledge and experience in Maritime causes diuers Articles to be set downe Admiraltie Court in France and these were enrolled and obeyed for the gouernement of the Admirall Court and the French King Iohn made his Contracts with King Edward accordingly concerning the fishing trade as by the Records extant in the Tower of London where I haue seene them may appeare Francis the French King and Henrie the third of France haue made some Statute Lawes concerning the Courts of Admiraltie but the substance of all
vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull â—easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the â—â—act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
occasion to aske him Triall of the Pixe whether the last and supreme triall of the moneys which was made commonly once a yeare before the Lords at the Star-chamber was done in like manner And he answered me it was and withall he desired me to resolue the question betweene the Warden and the Mint-master concerning the two pennie weight of siluer hid from report as it is supposed according to our former conference I told him that according to the issue ioyned between him and me that the Mint-master had not pocketted vp any such two pennie weight of siluer as his account was charged withall I would make that plaine by demonstration which he said was his desire whereupon I framed my answere as followeth Foure Assayes of bullion and money I make no doubt sir but you haue marked my obseruations of the foure seuerall Assayes made concerning bullion and money namely the first of the Ingot before melting the second of the pot Assay after melting the third of the moneys compleate made thereof and the fourth and supreme triall of moneys at the Star-chamber as it were before the King and his Councell all which being done in manner alike you haue from time to time told me that their operation or effect was also alike for the triall of the Ingot there the copple had drunke in two pennie weight of siluer for the Pot Assay there two pennie weight was drunke in also the Assay made of the compleat moneys hath drunke in the like two pennie weight and last of all the highest triall of all hath drunke in the like two pennie weight of siluer how can it then be pocketted vp by the Mint-master when it was in the bullion remaining in the pot found in the moneys and confirmed to be so by the supremest trial and why should the Mint-Masters account bee charged either with an imaginarie or substantiall thing which he neuer had or inioyed A Tacite Resolution To this the Assay-master answering rather by signes than words said It was otherwise taken and vnderstood and himselfe tooke now better notice of it and wished that Truth might preuaile according to the saying Magna est veritas praeualet praeualuit praeualebit and so ended our supposed discourse Now let vs come to the mysteries of the Mints beyond the seas to recompence them that might take offence for discussing the premisses and let vs be like Nathaniel in whom there was no guile Qui vadit planè vadit sanè howbeit discretion is requisite The assayes beyond the seas are most made according to the proportion of the marke which is eight ounces Troy and they take twentie graines to make their assayes by which is correspondent with our fifteene graines Thirtie two grains beyond the seas is more than 24 grains with vs. for they diuide their English or penny weight in thirtie two Ases or graines which from twentie foure vnto thirtie two differeth one third part so is fifteene vnto twentie also a third part For this marke weight of eight ounces is twofold the one is called English weight and the other French weight in the Low Countreys But the English weight is most vsed which is diuided into eight ounces euery ounce twentie English or penny weight English marke and euery English thirtie two graines as aforesaid is 5120 graines to the marke This marke and one halfe maketh within a little our twelue ounces Troy for the pound weight being in graines 7680. The French weight called penny weight is also eight ounces French marke euery ounce foure and twentie penny weight and euery penny weight twentie foure graines is 6912 graines for the twelue ounces or 4608 graines for the eight ounces These graines are also diuided in twentie foure Garobes or Primes and the Primes in twentie foure Seconds and the Seconds in 24 Tercies or Malloquen which is superfluous notwithstanding all the said weights and diuisions to make assayes they vse another weight Assay weight which euery man maketh according to his fancie but most commonly they will diuide the marke in twelue deniers or pence and the penny into twentie foure graines and then graines subdiuided of paper making ⅛ 1 10 and 1 32 part of a graine which concurreth neerest with our assay weight for if one pound of siluer doe containe 1 12 part copper they call this eleuen deniers fine as we say eleuen ounces fine For the gold likewise they doe vse the same weight accounting for euery denier or penny weight two carrats so twentie foure carrats for twelue deniers or ounces and consequently eleuen deniers is twentie two carrats c. So the gold marke is twentie foure carrats Gold marke Siluer marke a carrat is twelue graines so 288 in the marke So the siluer marke of twelue deniers of twentie foure graines are 288 graines also which are bigger graines diuided into foure Primes or Siliquas is 1152. They vse also a manner of speech to say Twelue shillings to the marke pound Marke pound euerie shilling twelue pence and euery penny twentie foure graines is 3456 graines in the marke all which is done to make the knowledge of these things intricate In like manner for the sheiring of their moneys Sheire monies they will for euery peece make a penny as if there be made seuentie eight peeces out of a marke they will say it ☞ holdeth sixe shillings and sixe pence in the sheire or for 62 peeces fiue shillings two pence and so obscure things to take aduantage vpon others For the Mint-masters of the Low Countreys and Germanie are verie experienced in Mint matters and the assayes being made vpon the graines may deceiue much if by triall the calculation be not rightly made and if the said Mint-masters were not subtile yet the Generalls which follow the Prince or State doe nothing else but studie these things alwaies therefore let vs obserue more particulars of their proceedings as followeth In the making of coynes of gold and siluer they will vse many times to make peeces of fine gold and courser gold as the Emperiall Royall and the halfe Royall the one twentie three carrats 3 ½ grains and the other but eighteene carrats or the Flanders Crowne of 22 carrats In Germanie the ducat and the gold guildren which for workes being mixed are seruiceable admitting by conniuence the melting of the moneys rather than for want of it Bullion should not be brought to their Mints therefore they also take little for the coynage because it should sooner come vnto them than vnto other Minters where the coynage or seignoriage is great and albeit the same bee but small yet will they find meanes to make other Princes to pay the same Moneys made for transportation and cause moneys to be made for transportation especially for the East countreys to buy corne to bring the same vnto their Magazins whereby trade is increased and Spaine and Portugall supplieth the same by suffering moneys to bee
of Batenborgh nineteene carrats fine and 105 peeces The Pistolets of Italy twentie two carrats and some twentie one carrat 2 ½ graines and 108 peeces The Flemish Ryder twentie three carrats three graines fine and 105 peeces to the pound The Guilders and Vrisland Ryders of the yeare 1583 fine twentie one carrats and 108 peeces The Ryder of Burgandie twentie three carrats ½ fine and 105 peeces to the pound The English Salut and the halfe twentie three carrats three grains and 108 peeces The Schuytken or Ship of Flanders twentie two carrats one grain fine and 109 ½ peeces The Ryder of Guilders Of fourteene carrats fine and 114 peeces to the pound The Phillip Clincart Of fourteene carrats fine and 114 peeces to the pound The Ryder of Deuenter Campen and Swoll twelue carrats three graines and 114 peeces Dauid guil Of Trier is 17 carrats 2 graines and 114 peeces to the pound weight Of Vtrecht 16 carrats fine and 114 peeces to the pound weight Of the Harpe 15 carrats fine and 114 peeces to the pound weight The Peter of Louaine of 17 ½ carrats fine and likewise 114 peeces to the pound The Clemmer guilder of 13 carrats fine and 114 peeces The Fredericke of Beyeren guilder fourteene carrats and 117 peeces to the pound The Arnaldus guilder twelue carrats fine and 138 peeces to the pound The Postulat of Bourbon 12 ½ carrats fine and 136 ½ peeces to the pound The Postulats Of Horne 10 ½ Carrats fine 156 peeces to the pound Of Guliers 9 Carrats 3 graines fine 156 peeces to the pound Of Cleue 9 Carrats ½ graines fine 156 peeces to the pound Of Fran. Friar 9 Carrats fine 156 peeces to the pound Of the Dog and Cat 12 ½ carrat fine and 136 ½ peeces The nine Stiuers peeces of Batenborgh and Frise seuen carrats one graine and 176 peeces The Gulielmus ducat of Batenborgh twentie one carrats three graines and 52 ½ peeces The other ducat of Stephanus but nineteene carrats ½ graine and 52 ½ peeces The ducat of Nimeghen with Stephen twentie one carrats one graine and 52 ½ peeces The new ducats of Saint Victor Pancratius Vict. Batenborgh W. B. Margarite Toren Petrus Rechem George Rechem twentie one carrats three graines and 106 ½ peeces The ducats Victor H. B. 20 ½ Carrats fine and all 106 ½ peeces to the pound Water ducats and the ½ 20 ½ Carrats fine and all 106 ½ peeces to the pound Marie of Batenborgh 20 ½ Carrats fine and all 106 ½ peeces to the pound Ducat wirh the Checker 20 Carrats fine and all 106 ½ peeces to the pound Ducat of Denmarke 20 Carrats fine and all 106 ½ peeces to the pound Pancratius Alleb H. 19 ½ Carrats fine and all 106 ½ peeces to the pound Oswald ducat Cusa 19 ½ Carrats fine and all 106 ½ peeces to the pound The Ducat of Nimmeghen 1569 fine eighteene carrats two graines and 108 peeces New angells coyned heretofore Of Thoren 22 Carrats 1 ½ graines And all 72 peeces to the pound Of Horne 22 Carrats 1 ½ graines And all 72 peeces to the pound Of Batenb 21 Carrats 3 graines And all 72 peeces to the pound Of Viana 18 Carrats 3 graines And all 72 peeces to the pound Of H. M 17 Carrats And all 72 peeces to the pound The Scots Pistolet ninteene carrats two graines ½ fine and 108 peeces to the pound The Ryder with the Loaues fine 10 ½ carrats and 114 peeces to the pound The Pistolets Dilege and Legion fine eighteene carrats and 108 peeces to the pound The ducats Ferdinand of Batenborgh 19 ½ carrats and 106 ½ peeces to the pound The ducats Ferdinand and Carolus of Horne eighteene carrats and 106 ½ peeces to the pound The double ducat of Albertus of Austria twentie three carrats 3 graines fine 52 ½ peeces The single ducat of Albertus of Austria twentie three carrats three graines and 78 ¾ peeces The double third parts of the said double ducats twentie three carrats three graines and 70 ½ peeces The single third part of the said ducat twentie three carrats three graines and 126 peeces to the pound The Vnite peece called Iacobus of England twentie two carrats and thirtie six peeces to the pound The Ryder of the vnite Low Prouinces also twentie two carrats and 36 peeces to the pound The halfe Iacobus and Ryders accordingly in finenesse and peeces The ducats of the Estates of the vnited Prouinces with the Letters 22 carrats and 105 peeces The new twentie shilling peeces of England twentie two carrats fine and 39 ⅗ peeces The halfe and fourth part of it accordingly The Scots peece of the Crosse Daggers twentie two carrats fine and 72 peeces to the pound The Scots Rider of twentie two carrats and some of the finenesse of the Scots Pistolet Note that here are set down many Species or Peeces of gold which are little or none at all to be found And although some are found in great quantitie yet are they not made currant in the vnited Prouinces by their last valuation of the one twentith day of Iuly 1622 hereafter declared The like is in the Reconciled Prouinces vnder the Arch-Dutches Isabella Clara Eugenia of Austria as also in Germanie so that the generall knowledge of them all may giue to euerie man better satisfaction And the like must be vnderstood of the Siluer Coynes of all Countreys hereafter declared with some addition of meere Copper Coynes And whereas the Stiuer is the fundamentall Coyne whereof twentie make the Guilder it is to be obserued That sixteene Copper pence are reckoned in Holland and those vnited Prouinces for one Stiuer and so is the said Stiuer two Groats Flemmish called halfe Stiuers euerie halfe Stiuer eight pence Hollandts also twentie foure Mites is a Stiuer in the other Countreys c. A Declaration of the coynes of Siluer concerning their finesse and number of peeces in the pound weight of twelue ounces Troy euerie ounce weighing twentie pennie weight and euerie pennie weight twentie and foure graines and containing likewise in finesse twelue ounces euerie ounce twentie pennie weight and euerie pennie weight twentie and foure graines calculated for the forreine coyne vpon the marke weight of eight ounces euerie ounce twentie pennie weight and euerie pennie weight twentie and foure graines in weight and likewise in finesse twelue ounces twentie pennie weight and 24 grains vnnecessarie fractions omitted as neere as conueniently could be computated c. THe Philip Doller tenne ounces fine and 10 5 7 peeces to the pound weight The halfe the fourth the fifth and tenth part accordingly that is to say all of ten ounces fine and peeces 21 3 7 42 6 7 53 4 7 and 107 1 7 to the pound The twentieth part of the said Doller fiue ounces fine and 107 ¼ peeces to the pound The fortieth part of the said Doller fiue ounces fine and 214 ½ peeces to the pound The Carolus Gueldren or ⅔ of the said Doller ten ounces
North Starre Some Merchants are so farre wide from the knowledge of the value of coynes and the Exchanges made thereupon that they are of opinion That there can be no certaine Rate or Par of Exchange set to answere iustly the value of the coynes of forraine parts by reason of the diuersitie and disproportion of the coynes of Gold and Siluer and their intrinsicall and extrinsicall values But these Merchants are to vnderstand that the moneys of all Countreys haue a proportionable valuation relatiue within themselues according to their seuerall standards for weight and finenesse onely the smaller and baser coyne haue some little knowne aduantage which may bee considered of in Exchange Proportionable valuation of moneyes for Exchanges to be made accordingly if there bee cause that the quantitie of those moneys doe exceed the bigger and finer coyne This consideration hath beene had heretofore and especially in the Par agreed vpon between the Low-countreys and this Realme in the yeare 1575 when vpon the Philip Doller the Exchange was at twentie fiue shillings the Par and the small moneys would exceed twentie seuen shillings and vpwards but the quantitie did not surmount the better coyne The like was vpon the Par agreed vpon with the States of the vnited Prouinces Anno 1586 at thirtie three shillings foure pence and with Hamborough and Stoade to twentie foure shillings nine pence Lubish vpon the Rickes Doller of thirtie three shillings or nine markes foure shillings for our pound sterling of twentie shillings making foure Dollers and one halfe to answere the said Par which Doller is inhanced since to fiftie foure shillings and were receiue now but foure Dollers for the same and so for other places accordingly CHAP. III. Of the Denomination of the Imaginarie Moneys of all Places whereupon Exchanges are made by Bills THE Denomination of moneys which wee call Imaginarie is because there is not any peculiar or proper money to be found in Specie wherevpon the Exchanges are grounded as it was in times past in many places where some moneys were the cause to ground the price of Exchange vpon as our Angell Noble being coyned for sixe shillings and eight pence sterling whereupon Exchanges haue beene made as now is done vpon twentie shillings and so might the new peeces of our Soueraigne King Iames Laureat be taken But it is more proper to make Exchanges vpon the siluer coynes for the price of commodities is most ruled thereby in all places which by the quantitie is fiue hundreth to one Hence did proceed the cause that when our Gold in the yeare 1611 The price of Gold not so effectuall as the price of Siluer was aduanced ten in the hundreth aboue the Siluer the prices of commodities did not rise albeit forraine Nations did cause the price of Exchange to fall But if Siluer were inhanced presently the price of commodities would follow as the rule thereof and the price of Exchange would fall more for Exchange will ouerrule both In like manner do we call the moneys of other Countreys wherevpon Exchanges are made to be Imaginarie as the Dollers in Germanie the Crownes in France the Ducats in Italy and other places which by the great diuersitie you may vnderstand as followeth together with The Calculations of Merchants Accounts whereupon their Bookes of Account are kept according to their Imaginarie Moneys Pound Flemish IN Flanders Brabant and most places of the Low-countreys they keepe their Bookes of Account and Reckonings by twentie shillings Flemish euerie shilling twelue deniers or pence which shilling is six styuers In Artois Henalt Pound Tournois and other places by pounds tournois of twentie stiuers or fortie pence Flemish whereof six called guildren or florins make the pound Flemish in all the seuenteene prouinces of the Netherlands Some do reckon by pounds Parasis which are but twentie pence Pound Parasis whereof twelue make the pound Flemish but their accounts as also the reckonings of their Prince or Finances are kept by pounds Tournois which pound they diuide into twentie shillings euery shilling into twelue pence and the like is done by the pound Parasis and these haue also their subdiuisions of Obulus Maille Heller Hallinck Corte Mites Point engeuin Poot and such like copper moneys too tedious to rehearse In Germanie in the yeare 1520 Gold guilder was the gold guilder coyned for a generall coyne and valued in Holland for twentie eight stiuers which is now in specie at double the price neuerthelesse they do continue to buy and sel all that great quantitie of corne which is brought from the East countries Poland and other places by the said gold guilder of twentie eight stiuers Their doller was coyned at sixtie fiue Creutzers since risen to seuentie two Creutzers Creutzers yet their Exchange is made vpon the doller of sixtie fiue Creutzers which is imaginarie At Augusta the Exchange is made vpon the said doller of sixtie fiue Creutzers at three weeks or foureteene daies sight after the bill presented At Frankford they reckon by the guilder of sixtie Creutzers Florins of 60 Creutzers called in Latine Crucigeri being peeces with a Crosse they are Florins and their Exchange is made vpon the doller of sixtie fiue Creutzers payable in the two yearely Faires or Marts the one the weeke before Easter and the other in the beginning of September to continue for all the moneth At Norenborough their Exchang◠〈◊〉 made vpon the said doller of sixtie fiue Creutzers and many times vpon the Florin of sixtie Creutzers which they also diuide into twentie shillings and euerie shilling twelue pence to keepe their accounts by For Bohemia Bohemicos Exchanges are made vpon the doller of twentie and foure Bohemicos At Vienna they reckon by guilders or florins of eight shillings of thirtie pence to the shilling two Heller to the penie and Exchange is made thereupon At Bauiera by guilders of seuen shillings of thirtie pence Diuers guilders for Exchanges and Accounts In Hungarie by guilders of ten shillings of thirtie pence and by florins of twentie shillings and twelue pence to the shilling and Exchanges are made vpon their ducat At Breslo and Leypsich they reckon by markes of thirtie and two grosses of twelue heller to the grosse Markes of 32 grosses and they Exchange by thirtie florins Breslowes to haue at Vienna thirtie and foure florins or at Norenborough thirtie and two florins Pounds of 20 shillings 12 hellers c. At Vlme they reckon by pounds of twentie shillings and twelue heller to the shilling and their Exchange is is made vpon the doller of sixtie creutzers At Colloigne by dollers of seuentie two creutzers for Accounts and Exchanges Pound sterling At Embden they reckon by guilders and Exchange vpon the rickx doller but from London thither and hither vpon the pound sterling of twentie shillings Markes of 16 shillings At Hamborough they account by markes of sixteene shillings
naturally and lawfully borne within this your Maiesties Realme of England and also that they and euerie of them shall and may from henceforth by the same authoritie be enabled and adiudged able to all intents and constructions to demaund challenge aske haue hold and enioy landes tenements hereditaments and rents as heire or heires to any of their auncestors by reason of any descent remaine reuert or come to them or any of them by any other lawfull conueiances or means whatsoeuer or which hereafter shall come c. as if they and euerie of them had beene your Highnesse naturall subiects borne and to hold and inioy to them and euerie of them ioyntly and seuerally lands tenements and hereditaments or rents by way of purchase gift graunt or otherwise of any person or persons to all constructions and purposes as though they and euerie of them had beene your Highnesse naturall borne subiects and also that they and euerie of them from henceforth may and shall bee enabled to prosecute maintaine and avow iustifie and defend all manner of actions suits plaints and other demands whatsoeuer as liberally frankely fully lawfully surely and freely as if they and any of them had beene naturally borne within your Maiesties Realme of England and as any other person or persons naturally borne within the same may in any wise lawfully doe any Act Law Statute Prouiso Custome Ordinance or other thing whatsoeuer had made ordained or done to the contrarie in any wise notwithstanding And your Petitioners shall daily pray for your Royall Maiestie long in honour and most safetie to remaine ouer vs. This Petition in nature of an Act of Parlement The manner of proceeding in Parlement is deliuered to the Speaker of the Parlement who vpon the second reading in the Commons House procureth the same to bee referred to certaine Committees before whom the Petitioners doe appeare and after examination if there be no apparant cause that might crosse them the Bill is returned into the Parlement and read for the third time as the manner is of all Acts and then it is carried vp to the higher house and there it is commonly of course also read three times and so allowed and there it doth remaine vntill the last day of the Session of Parlement and then the Kings Royall Assent is had therevnto and there is written on the backside or within these wordes Le Roy le Veult And if it be anâ— Act which the King will not passe the Clerke of the Parlement writeth Le Roy S'aduiser'a which is a cleane and absolute refusall and all which was done is void and cannot bee reuiued in another Parlement without to begin all from the beginning againe So much for England In France all strangers that are not borne within the Kingdome and reside or dwell in the same Aubeine in France are subiect to the right of Aubeine so called Tanquam Alibi nati for after their death if they be not naturalized the King doth seise vpon all their goods they haue in France and appropriateth the same to his Exchequer or Finances without that the said strangers can dispose thereof by Testament or Will or that their lawfull heires can claime the same howbeit they may giue them and dispose thereof whiles they liue by contracts made betweene them A stranger also not dwelling within the Realme yet hauing gotten wealth or meanes within the same may dispose of it vnto his heyres and others although they were strangers Also if a stranger trauelling through the Kingdome of France should chance to die his heires shall enioy his goods which hee hath left at the time of his decease in France But when a stranger taketh letters of naturalization then may hee get wealth and possessions within the Realme lawfully and freely which letters of naturalization must be recorded in the Chamber of Accounts vpon paine of a penaltie payed to the King and his lawfull heires shall enioy the said possessions and goods so as hee be nature of the Realme or any other to whom the same be giuen by Will or Testament so as he also be naturalized as aforesaid But Monsieur Papon the Ciuilian saith That it is not sufficient for one to enioy the same to bee borne within the Realme but it must be also of a woman taken in marriage within the Realme and heerevpon alleageth an arrest or sentence of the Parlement of Paris whereby a cosin of a stranger deceased was preferred before the sister because the cosin was born within the realme and dwelling in the same and the sister did not dwell within the Realme and was borne in another countrey albeit she caused her selfe to be Naturalized after the decease of her brother whereof the Court had no regard because the goods by succession were gotten before which could not be made void by the Kings Letters Pattents Monsieur Banquet is of opinion That a Frenchman being departed the Kingdome for to dwell in another countrey that his goods present and to come doe appertaine vnto the King and cannot dispose thereof by Will or Testament as it hath beene proued by diuers Decrees of Parlement The King is Lord of all vacant goods and therefore wiues and children are to take Letters of Naturalization to purchase their quietnesse And if any stranger borne and naturalized should bee out of the Kingdome some eight or ten yeares vpon especiall occasion or otherwise hee is at his returne to take new Letters of Naturalization or a confirmation of the former by some approbation An obseruable consideration And herein is a speciall point to bee noted as a matter of record that those of Flanders Millaine and the French Countie of Sauoy are not bound to take Letters of Naturalization to dwell in this Kingdome because the French Kings pretend that the said countreys are theirs and were neuer alienated by any conseâ—t of theirs but are countries which at all times haue belongeth to the Crowne of France who doth acknowledge the subiects to bee true and loyall Frenchmen But it is requisite if they come to dwell and inhabite within the Realme that they take Letters of Naturalization to the end the Officers do not molest or trouble them By the premisses wee see that the Naturalizing in France is farre more compulsorie for Merchants than in England howbeit that in both Kingdomes if a stranger Naturalized after many yeares that hee hath inhabited the same bee desirous to returne to his father-land or natiue countrey he may surrender his Letters Pattents and bee discharged of his oath * ⎠* CHAP. XIIII Of the determination of Sea-faring causes HAuing now hitherto intreated of the Customes of Merchants with their Adiuncts and Accidents and therein obserued Time Number Weight and Measure as also the three Simples and Essentiall parts of Trafficke with their Effects and Properties let vs now consider of the Manner and Methode of the proceedings therein to see by what meanes they are determined and executed
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the