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

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subiect to be numbered by Ages Yeares Moneths Daies Houres Minutes and their diuisions and subdiuisions wee cannot in this place omit to particularise concerning the same albeit it may be thought inconuenient to touch the obseruation of the period of Monarchies and Common-weales Periods of Monarchies Common-weales made by some Authors which by many important reasons may be amplified Some distribute the whole ages of the world into three parts ascribing to euerie age 2000 yeares which proc●edeth from that common opinion of Elias a certaine Rabbin or Iew affirming that the world should stand 6000 yeares and then be disolued of the which they reckon 2000 yeares before the Law 2000 yeares vnder the Law and 2000 yeares vnder Christ which shal be shortned for the elects sake which opinion hath beene receuied by diuers godly fathers supposing that as the world and all things therein was created in six daies So the same should endure 6000 yeares taking each thousand yeares for a day according to the saying of Saint Peter 1. Pet. 3. That one day before the Lord is as a thousand yeares and a thousand yeares as one day In this supputation is some reason for from the beginning to Abraham with whom the first couenant was made and to whom the law of circumcision was giuen wee find to be neere 2000 yeares Of the ages of the world and likewise vnder the law vntill Christ about 2000 yeares and now vnder Christ is aboue 1620 yeares reckoning towards the last 2000 yeares Augustin writing of these ages diuideth them into sixe and reckoneth the first age to be from Adam to Noah the second from Noath to Abraham the third from Abraham to Dauid the fourth from Dauid to the captiuitie of Babylon the fifth from the Captiuitie to Christ the sixt and last vnder the kingdome of Christ vntill the end of the world Others there be that doe distribute the same into foure according to the nature of foure kinds of mettals the Golden Siluer Brasse and Iron Ages alluding to the Prophecie of Daniel of the foure Monarchies Others doe account the same by thousands or millinaries according to certaine obseruations of 6000 yeares in the alterations of things Others doe calculate according to the ages of men supposing 100 yeares for an age and so now being 56 ages and more the number 60 or before the end of the world shall come But let vs obserue the true computation of the Church most generally approoued hitherto Computation of ages by Scripture and reckon from the Creation vntill Noah 1656 yeares when hee entred into the Arke and from the Floo● to Abraham 367 yeares and from the departing of the Israelites out of Egypt 430 yeares and from the departing to the building of the Temple by Salomon 430 yeares and from that time to the eleuenth yeare of King Zedekiah deduced by Scripture is 427 yeares So the whole summe of these yeares commeth iustly to 3360 yeares Hereunto 70 yeares being added of the captiuitie of Babylon is 3430 yeares which are 790 Sabbaticall yeares of seuen yeares euery Sabbaticall yeare without any odde number and from that time vntill Christ there is no momentarie difference by Historicall account whereof vnderstanding Merchants ought to bee informed all men take pleasure of this obseruation in their Almanacks From the Creation of the World A●no Dom● 1620. vntill the last yeare 5582. From the said Creation vntill the Flood 1656. From the said creation vntil the Birth of our Sauior Christ 3962. Since Brute did enter the Iland of Great Brittaine 2727. Since the building of the Temple by Salomon 2649. Since the building of the Citie of Rome 2371. Since the captiuity of Babylon 2258. Since Iulius Caesar was slaine 1669. Since the Birth of our Sauiour Christ vntill the last yeare 1620. Since the Conquest of England by Duke William 553. Since the beginning of the raigne of King Iames the first of that name of England vntill the 24 of March 1620 is 17 yeares compleate but currant 18. Concerning the yeare there are many obseruations Of the seueral beginnings of the yeare and euen of the seuerall beginnings of it And let vs note Obiter that the bodie the soule of man consisting in the bloud hath 365 veines as residences agreeable to so many dayes of the yeare All our Almanackes or Kalenders beginne the yeare from the first day of Ianuary albeit this beginning differeth in many other countries which is conuenient for Merchants to obserue The Astrologians begin at the entrance of the Sun in Arijs which is the 21 of March at 12 of the clocke at noone The old Romanes did begin their yeare ab Hieberno solstitio The Egyptians and old Iewes from the 21 of March with the Astrologians Those of Asia and India ab aquinoctio Autumnali being the 23 of September at 12 of the clocke at noone The Grecians of the longest day of the yeare The Venetians of the first of March The Spaniards from the Annuntiation of the Virgin Marie the 25 of March as England Scotland and Ireland The Portugals and the East-Indies Barbarie Preste-Iohn the 29. of August Moses by Gods commandement ab equinoctio verno which is Easter according to which Easter day Easter day was ordained vpon the full Moone being the foureteenth day of the first Moone after the Sunne entred into the signe of Aries which is also vsed in Aegypt Afterwards in the yeare of our Lord 328 the Councell of Nice did ordaine Easter day alwaies to be vpon the Sabbath day or Sunday next after the full Moone And the Bishop of Alexandria made thereupon a list according to the Circle or Golden number of the Moone beginning from the figure 1 vntill number 19 for that in 19 yeares the Moone maketh her compleate reuolution concurreth with the Sun And if the number did fall out vpon a Sunday then the Sunday after was Easter day The List appointed for Easter day according to this abstract which is now altered by ten daies vpon the alteration of the Kalender by Pope Gregorie the 13. Golden number● 1. The 5 of Aprill 2. The 25 of March 3. The 13 of Aprill 4. The 2 of Aprill 5. The 22 of March 6. The 10 of Aprill 7. The 30 of March 8. The 18 of Aprill 9. The 7 of Aprill 10. The 27 of March 11. The 15 of Aprill 12. The 4 of Aprill 13. The 24 of March 14. The 12 of Aprill 15. The 1 of Aprill 16. The 21 of March 17. The 9 of Aprill 18. The 29 of March 19. The 17 of Aprill Reuolution of the Sunne and Moone The yeare being exactly calculated according to the course of the Sunne or Reuolution in the Zodiake through all the twelue Signes consisteth of 365 daies 5 houres 49 minutes and 16 seconds And the reuolution of the Moone in her going course is 27 daies and about 8 houres and in her returning course about 29 daies and one halfe
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 fo●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
called a moneth Others haue vsed and some yet do vse the yeares of the Moone diuided in 12 moneths euerie new Moone or course respected And this yeare consisteth of 354 daies 8 houres 48 minutes 43 seconds and 12 tierces to which there was added 11 daies called Aepacta The Epact of 11 daies added Quaere tamen quando incaperint as adioyned daies which made the yeare to be 365 daies and about six houres as aforesaid which was vsed before the flood by Iewes Greekes and is yet at this day vsed by the Mahometans Arabians and those of Feas and Marocco and other places The Babylonians Aegyptians and Assyrians haue also obserued 365 daies for the yeare One wholeday added euerie fourth yeare in ●ebruarie But they did not adde euerie fourth yeare one day which we call the Leape-yeare To make a better explanation hereof let vs note That there is a great Circle imagined to bee in the Heauens called the Ecliptike wherupon the Sunne hath his continuall motion or period neuer declining from the same and on each side is imagined to be another lesser Circle limiting the latitude of the Zodiake The Ecliptike of the Zodiake the middle whereof is called the Ecliptike for that whensoeuer there shall be a coniunction or opposition of the Sunne and Moone the Moone being vpon the same Ecliptike ouer which she passeth twice in one Period in so many daies as aforesaid which second sections are called the Head Taile of the Dragon then if at the coniunction is our sight eclipsed by the interposition of the bodie of the Moone being at the same instant betwixt vs and the Sunne Eclipse of our sight by the Sunne thereby hiding some part of his light from our sight yet hath the Sunne in himselfe no more losse of light than if a man should put a ball betwixt my eye and the Sunne whereby he might hide from my sight either the totall or part of the bodie of the Sunne But if it be at the opposition then the Moone doth indeed loose her totall light or part of her light according to her latitude for if her latitude be more than the Semidiameters of the bodie of the Moone and the shadow of the earth then there can be no Eclipse at all When no Eclipse of the Moone can b● But whensoeuer the bodie of the earth shal be interposed or put betwixt the light of the Sunne and the bodie of the Moone which cannot be but a ful Moone or opposition Cause of the Eclipse of the Moone which are both one then must she of necessitie lose so much of her borrowed light as the earth doth take away from her Within this imagined Circle or Zodiake are twelue constellations of Starres called the 12 Signes each of these Signes is diuided into 30 degrees or equall parts which make 360 in the totall Now since the nature and qualitle of these twelue Signes were found and that the Moone being the lowest of the Planets doth conuey and transport their operations and force through her Orbe vnto all Elementall Creatures causing alteration of change and humors times and seasons and distemperature of bodies Mans bodie is diuided according to the Zodiake the auncient Astronomers haue attributed vnto them certaine names of creatures figures and poeticall allusions for distinction sake and to declare their propertie in some weake and confused sort Also the number 19 called the Prime and Golden number because it was written in Golden letters for the vtilitie thereof which deserueth the more so to be adorned with Gold for a perpetuall remembrance of our noble King Iames and his royall issue borne vpon the 19 day of seuerall moneths which is not without some mysterie as I thinke The 19 of Iune An̄ 1568 The Golden number of king Iames and his royall issue King Iames was borne in Scotland The 19 of Februarie An̄ 1594 Prince Henrie deceased was born and dyed before 19 yeares The 19 of August An̄ 1596 the Lady Elizabeth his daughter was borne The 19 of Nouember An. 1600 Prince Charles his sonne was borne Deo gratias It may seeme strange that Iulius Caesar did not obserue this number of the meeting of the Sunne and Moone vpon this Period when he made his Kalender 44 yeres before Christ for the vse hereof began in the yeare of Christ 532. Cicle of the Sunne is 28 yeare And this number of 532 containeth 19 times 28 in which time of 28 yeares being the Cicle of the Sunne the same is multiplied by 19 which is the Cicle of the Moone The Dominicall letters The Dominicall letter is according to the noting of the seuen daies of the weeke according to the Cicle of the Sunne beginning from A.B.C.D.E.F.G. and so returning and continuing for euer Dieurs beginnings of the day The day doth also begin diuersly The Astrologians or Astronomers begin the same from one mid-day or noon vntil the next being 24 houres by the clocke which is the cause that in their Alminacks they do set downe alwaies the place of the course of the Moone being so many degrees at noone howbeit we reckon 12 houres France Spaine and other places the Venetians and most towns of Italy the Bohemians Athenians Aegyptians some Iewes and Grecians Poland and Silesia from the setting of the Sunne vntill the next setting 24 houres Babylonians Persians Chaldeans some Hebrewes and Greekes old Romanes and they of Wirtenborough and Norenborough from one rising of the Sunne to the other 24 houres Calends Nones and Ides The daies of the moneth are also noted by Calends Nones and Ides The first day of the month was Calend so called of Vocato Populo declaring how many daies it was to the Nonas that all the people was to assemble in the citie to know what was commaunded vnto them by the Temporall and Spirituall lawes as being noue obseruationis initium or nono as the ninth day from Idus The Tuscanes heretofore did homage to their king that day and then it was commonly new Moone and Idus was the full Moone vpon the Moone moneths being March May Iuly and October being of 31 daies which had six Nonas whereas the other 8 moneths haue but 4 Nonas and euerie moneth 8 Idus Indictio Romana Indictio Romana whereby many histories account their yeares was instituted when the Romanes had dominion ouer the greatest part of the world because vpon euerie Lustrum which was euerie fifth yere euery one was to pay tribute vnto them The first yere they did bring Gold the second Siluer the third yeare Yron for munition and armour So that it was the space of 15 yeares beginning from the 25 of September And at the birth of Christ it was Indictio 3 and falleth out in the yeare of 1620 to be also Indictio 3 according to which obseruation the calculation of some historicall yeares is made That the Romane Kalender may easily be reformed without the
Marriners and owners of Ships 9. The customes subsidies impositions tribute and tolles payed vpon all the commodities imported and exported within the dominions of all Princes 10. The manner of making of Assurances vpon goods ships the persons of men or any other things aduentured by sea or by land and the customes obserued therein betweene nation and nations 11. The keeping of Merchants accounts by Debitor and Creditor and the calculation of the diuersities of money whereby the said bookes of account are kept 12. The authoritie and proceedings of Merchants Courts or Priors and Consuls to decide their differences according to equitie in places where they are kept or any other lawes imperiall or common to some countries whereby Merchants controuersies are determined with the course of attachments and sequestrations or executions and finall determinations by arbitrators or iudiciall decrees in any Chauncery or Court of Equitie All these making the customarie law of Merchants haue neuer beene written by any Ciuilian or Phylosopher The customary Law of Merchants nor for ought I know of any author as is conuenient for Merchants whereupon I haue with Gods assistance resolued to handle the same compendiously and substantially in this booke vpon fiftie yeeres obseruation knowledge and experience And albeit that the sea lawes are comprehended therein whereby the proceedings might seem to be promiscuously handled neuerthelesse the method is followed as neere as the matter could affoord according to the said three Essentiall parts of trafficke or the three Simples of commodities Money and the Exchange of money by Bills of exchanges as hereafter may appeare And this Law of Merchants hitherto obserued in all countries ought in regard of commerce to be esteemed and held in reputation as the Law of twelue Tables was amongst the Romanes For herein you shall find euery thing built vpon the foundations of Reason and Iustice and knowing the foresaid twelue points you shall be able to please your owne minde and giue satisfaction of your sufficiencie to others For the saying is true Melius est Ciuitatem ab optima lege quam ab optimo viro gubernari It is better to gouerne a Citie by a good Law than by a good man And it is better for a man to be ruled by Reason than by his owne Reason to seeke to rule others Finally to giue satisfaction to the learned and judicious I haue abstracted the obseruations of the learned in the Ciuile Lawes vpon all the precedent points and added them vnto the following Chapters distinctly from the Customes of Merchants vsing the ordinary name of Ciuilians in generall without naming any particular Author to auoid ambiguitie and vncertaintie in the Contents of this Booke diuided into three parts according to the said three Essentiall parts of Trafficke CHAP. II. An obseruation concerning TIME ALL men of iudgement and vnderstanding doe know that there is nothing more necessary for the knowledge of Histories and diuers estates of the world than the obseruation of Times without which great obscuritie and errors will be found in the Actions of men aswell in matters of Religion as in ciuile gouernment where Merchants in regard of their Trafficke and Commerce haue the managing and disposing of the wealth of Kingdomes and Common-weales So that it behoueth them to obserue the yeeres moneths weekes Merchants are to obserue Time and dayes and sometimes the houres of their negotiation with the course of the Moone and the ebbing and flowing of waters the variation of windes and alterations of weathers for stormes at the seas and vnseasonable Times on land whereby the haruests doe faile and commodities become to be plentifull or scarce and the prices thereof deere or good cheape with many other considerations incident in the course of buying and selling of commodities and in receiuing and paying of moneys To make a definition of Time will in one respect be verie difficult if we consider that Time is inseperably conioyned with Eternitie But if we obserue the attribute of Time and doe distinguish things orderly we shall easily perceiue what Time is and make vse thereof The attributes of Time Time is the consumer of all things Tempus edax rerum Time is the discouerer of all things Veritas filia Temporis Time is vncertaine and wanteth bounds Tempora mutantur c. Times minutes past no treasure can restore Irrevocabile Tempus Time doth pierce the hardest flint Gutta cavat lapidem non vi sed sepe cadendo Time hath a salue for all extremities and yet begetteth vsurie Times office is to end the hate of foes Times glorie is to calme contending kings Time is a tutor both to good and bad and doth discouer the affections of the mind Time offers still each houre to do amisse Time breedeth griefe and heales when Art doth faile By Time and Wisdome passions are supprest In Time small wedges cleaue the hardest oakes Time is the Anchor both of Trueth and Right Time hath set downe the compasse of his course Times motions do equall the reeling Sunne Time measureth our actions Time is the best gouernour of all our councells Time on the weariest wretch bestoweth rest Both Life and Loue in Time must haue an end Many more attributes may be bestowed vpon Time But we shall find vpon due consideration that Time is but a distinction and measure of all things and betweene all things Concerning the reuolution of Time let vs obserue That euen as God the Author and Conseruer of all things in a comely and decent order The reuolution of Time hath appointed a succession and progresse of Time for accomplishment of the naturall course thereof So hath he appointed certaine Periods and Reuolutions of Time wherein things returne to the same or like estate wherein they were before As we see in the motions of the Heauens and consequently in the seasons of the yere all which are measured by Time The Sunne the Moone and the Starres to haue their particular and distinct reuolutions wherein they accomplish their courses and returne after a limitted and determinate space of Time to the places from which they did depart The Sunne compleating his course and Reuolution in 365 daies and almost sixe houres or a quarter of a day as shal be declared which is that space of Time which wee call the yeare termed Annus qui Annulus Annus quasi Annulus taking the similitude from a Ring which caused the Egyptions to make the figure thereof in their Hierogliphicks like vnto a serpent byting his owne taile The Moone by her Reuolution in the Sphere in 28 daies or thereabouts determinates vnto vs the moneths as the Sunne doth the daies and houres Saturnus the Planet maketh her Reuolution in 30 yeares Iupiter in 12. yeares Mars in two years and Venus and Mercurie in 360 daies or thereabo●ts The fixed starres haue also their peculiar Motions and Reuolutions The knowledge of all which is both pleasing and necessarie vnto judicious Merchants And because Time is