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
the Sea is adioyning and in proprietie to bee esteemed accordingly taking their names of the Countries and Kingdomes adiacent or of their scituation as Mare Britannicum Mare Germanicum Mare Hibernicum and for scituation Mare Mediterraneum obserued by Cosmographers Historiographers and Mathematicians this is performed with the helpe of the Compasse counting of courses soundings colour of the grauell or sands and other wayes to designe Finitum ab ' iâ—finito By the Ciuile Law so farre as is expedient for the certaine reach and bounds of Seas properly apppertaining to any Prince or people wherein the Doctors of the Ciuile Law haue recorded excellent obseruations By the Law of Nation and Customes Baldus saith Vidimus de iure gentium in Mare esse Regna distincta sicut in terra Auda Ad legem 1. de ter diuisione In §. nullius in tratt de iâ—sula Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria which is one hundreth leagues of sea from their coast if they extend their protection so farre called by them Districtus maris territorium which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England Visible Markes of Dominion or where there are such rockes or eminent marks as the Washes at the West seas thereof to which purpose Paulus a renowmed Ciuilian saieth That it is not needfull for him who would possesse himselfe of any land to go about and tread ouer the same but it is sufficient to enter in vpon any part thereof with a mind to possesse all the rest thereof euen to the due marches to be made apparant by the instruments of Geometricians And the like may be designed vpon the seas notwithstanding the soliditie of the one and the continuall flowing too and fro of the other This distinction of dominion hauing continued so many hundreth yeares needeth not to be corroborated with other proofe and arguments yet let vs note obiter That if the same were not distinguished as aforesaid Cases of ciuile Law or Admiraltie one borne vpon the seas should haue no countrie or nation to appeale vnto and a man dying intestate vpon the seas should minister occasion of question to know who should administer his goods and making of a Will how the same should be proued and executed by law without approbation of some Court or Iurisdiction whereas we find many Admiralls of the seas and their seuerall iurisdictions vpon the seas as deputies to their Princes or States who are alwaies absolute Commanders in their precincts according to the treaties and contracts made betweene Princes which are in the nature of lawes and inseperable of the said Princes right on the land concerning the possession of their Kingdomes or Common-weales as the fundamentall cause of their dominion wherein discontinuance of any part of their right cannot be pleaded against them The Kings of England neuerthelesse haue beene prouident and carefull herein for Historiographers haue recorded That King Edgar one of the Saxon Kings long before the Conquest made a suruay yearely of the foure great seas Mathew of Westm. and stiled himselfe lord thereof euen vntill Norway Ranulph Cestriensis and his progresse was most towards the North. It is also affirmed Anno 973. That the said King Edgar caused an inscription to be made vpon his Tombe for a monument calling himselfe Dominus quatuor Marea and as Papinian the Iurisconsult saieth In finalibus questionibus vete ra monumenta sequenda sunt Mare Britanicum But this for the dominion of the Kings of England ouer their seas Mare Hibernicum is not needfull For afterwards William Duke of Normandie after he had subduâ—d the realme of England by conquest Mare Germanicum caused himselfe not onely to be proclaimed King Mare Deucalidon but also that all the goods of the subiects were his and so caused the land to be diuided and yet was contented to change the title of a Monarchie by conquest into a Monarchie Royall and was also Lord of the said foure seas Io Bodinus de Resp. by the former assumpsit which had then continued 200 yeares and his progresse by sea was most Westward For when Princes or Kings do stile themselues by proclamation then the continuance thereof without opposition of other princes is holden and obserued as inuiolable and permanent Now King Henrie the second succeeding William the Conqueror Graftons Chronicle within one hundreth yeares did ioine Ireland to the crowne of England and did reduce Normandie and other places in France to the crowne taking as it were a new possession of the said seas and Henrie the first euerie yeare or within three yeares at the furthest crossed ouer into Normandie hauing taken Robert Duke of Normandie prisoner In the time of King Edward the third Chro. Malmesbuâ—e there was a disputation held with France concerning the fishing of the seas about Brittaine in which it was proued to belong to England Ioh. Hayward and thereupon Fraunce disclaimed therein By ancient records and Treaties c. as appeareth by the said King Edward the third his Proclamation yet extant Which arguments and contracts are as a law effectuall And here I must remember the singular care which the right reuerend father in God doctor Abbot now Archbishop of Canturburie A rare booke remoining with the Archbishop of Canturburie and Metropolitane of England hath had in procuring at his great charges for the good of our posteritie an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same Anno 1596 and caried to Bruxels in the Low-countries whereof I haue had the perusall and made an Abstract of the Chapters of the same viz. The Treatie of Peace betweene Edward the third king of England and Iohn king of France for themselues and their eldest sonnes namely Edward the Blacke Prince of Wales and Charles Duke of Normandie Regent the French King his father being prisoner to the said King Edward which Treatie was made the eight of May 1360 in Britanie neere Chartres and confirmed at Calice whereupon sixteene Hostages were giuen to the King of England by the French King who was to come thither in person and to pay three millions of crownes for his ransome of two crownes to bee reckoned for an English noble called in King Henrie the eight his time Angell noble being some 750000 〈◊〉 sterling The ransome o' King Iohn of France The ship whereof vpon the one side did signifie the dominion of the seas whereunto old Chaucer the Poet did allude in Henrie the fifth his time This money was to be paied to weet six hundreth thousand crownes at Calice within 4 months after King Iohns arriuall there more foure hundreth thousand crownes within the yeare and so much yearely vntill the full paiment made
1500 Markes of Gold of eight ounces 1500 Markes of Pearles 1 Chest Emeraulds From Mexico For the King 1900 thousand Pesos of Siluer 1100 Markes of Gold For particular persons 2 millions in Siluer 64 thousand Hides 25 thousand ll Indico From Santo Domingo Island 35 thousand Hides 900 Chest Sugar of 1000 ll weight 22 thousand Kintals of Ginger 13 thousand Kintals of Logwood 50 Kintals of Salsaparilla 48 Kintals of Caniafistula 64 Roues of Cottonwooll All the Gold and Siluer was valued at thirteene millions and all the commodities at three millions whereof the King had twelue millions and one halfe De claro wherewith we conclude this Chapter of the Mines Royall and are moued to write also of other Mines and Minerals contrarie to our first intention but briefely as followeth * ⎠* CHAP. III. Of Mines and Mineralls THe next in order to be treated of are Tin Mines which are but few in number in all countries Tin Mines and in Germanie onely found somewhat plentifull but the Tin is blackish and corrupt so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World which containeth foure ounces of Gold in a thousand whereof there is some twelue hundreth thousand made yearely It hath been sold for many yeares at an vnder value but his maiestie hath by way of Praeemption aduanced the price thereof which belongeth to the Dukes of Cornewall and consequently vnto the noble Prince of Wales Charles sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants and the gouernment of the Staneries with all the good orders obserued therein and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome and deserueth great commendation as is alreadie noted Lead Mines Leade Mines are found in all cold countries especially in Germanie in the dukedome of Brownâ—wike but it is blacke of colour and vntill it be refined it is vnseruiceable and consequently not vendible The old Duke had almost made a wall aboâ—t the citie of the sowes and pigges of Leade vntill our Leade became deere and scant and that an Antuerpian did teach them how to refine their Leade in taking away the cobble which is like vnto a knot in a peece of timber which made the Leade brittle and by his meanes all the Dukes Leade was sold in Italie Spaine and other places in France and elsewhere Scotland and Ireland haue many Leade Mines containing also Siluer The Leade Mines of England are scituated in diuers places of the kingdome but most in Darbishire in the hills of Peake Somersetshire and Wales There is great difference in the Ore as hath beene noted There are also many Lead Mines in Richmondshire vnder the countie of Yorke where I went to view them anno 1606 about Arkendale and the new Forest hauing prepared a long Yron boare of eighteene foot long for that purpose Description of many Leade Mines in Yorkshire and there I did obserue within the compasse of ten miles that the scituation of Arkendale iâ— betwixt two hills the one lying North called Windike and the other South-West called Moldersey adioyning vnto another hill called Pouncy lying West from Moldersey all belonging vnto the King and by lease vnto sir Iohn Maillorie knight There are also adioyning vnto it certaine other hills where lead Mines are as Swailedale where my lord Wharton hath his workes also Readhurst Cocka and Fellind being East from Wyndecke The Mines of Arkendale haue neuer been wrought to any purpose There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts which at their leasure seeke for Lead Ore vpon sufferance and bring the same to the melting places where they fell the same for 20 or 24 ss the load giuing to the owners three or foure parts in ten as they can agree and one tenth to the Parson or Vicar of the Parish or Chappell A loade of Ore with them is as much as foure or fiue horses can conueniently carrie which by computation is some ten hundreth weight and is also deliuered by a measure called Load foure of these Loads will make a Fother of Lead of twentie hundreth their weight being 120 ll to the hundreth London weight so one hundreth of Lead Ore maketh but 30 ll of Lead which commeth to passe for that their manner of melting is by foot-blast and small furnaces with wood and charcoale Foolish maner of melting casting the Ore of Lead betweene them in small peeces and so still augmenting their melting which can yeeld but little the heat of the fire being choaked with the fewel and drosse of the Lead whereas flame is the greatest meane of melting of all mettaline Ores which require furnaces to be made accordingly where thirtie six or fortie hundreth may be molten together they melting three or foure hundreth There is no wood to be had but within two miles but sea coale and good peate is neere hand which may serue better cheape for they reckon 7 or 8 ss for the charge of a fother for the melting The Lead being cast into small Piggs of somewhat more than one hundreth weight are brought on horse-backe through Richmond to Burroughbridge being about thirtie miles distant and are conueyed by water to Yorke for 2 ss the hundreth and from Yorke to Hull for other two shillings so that a Fother of Lead with all charges will not stand in three pounds and there is a neerer way by Stockton on the sea-side about twentie and fiue miles which will lessen the said charges Now we are come to Yron mines Yron Mines whereof almost all countries in Europe are prouided which do much differ in goodnesse yet may be vsed according to the seuerall workes whereunto it is imployed as the Spâ—nish Yron seruing for Blades not so good for other things England hath great store of Yron Mines for by computation there are aboue eight hundreth furnaces The melting of it by flaming sea coale or Scots coale saueth a great deale of charges There are lately found more Yron Mines in Fraunce which Yron being made into bars is transported into Guinea Binea and other parts vpon the coasts of Africa where it hath continually beene in great estimation and now becommeth so aboundant that their profit is but small of those voyages and so it falleth out at this present for the price of Leade The Yron stone in Wales is found to differ from the Steele stone by meanes whereof a Germane made good Steele in barres Steele stone and also Gad Steele But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein and Germane Steele is best vntill of late that a Frenchman shewing the imperfection of ordinarie Steele caused his maiestie to make void the said patent and to grant another for the making of perfect Steele surpassing in goodnes the Steele of all countries So we find
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
they shall speake truth to that which shall be demanded of them 3 That they shall not require without iust cause any time of prolongation 4 That they haue not nor wil attempt to corrupt witnesses 6 The sixth time vpon the contestation and interlocutorie sentence you must obserue nine things 1 That the witnesses be presented in presence of the partie against whom they are produced 2 That they bee freemen and honest and not hired nor corrupted 3 That they bee sworne and the producent payeth his charges 4 You may inquire of the partie that doth produce the witnesses as also of the witnesses by certaine articles what may appertaine to the cause in regard of their admittance for to bee sworne because their deposition is the ground of the matter 5 That the plaintife hauing had three seuerall times to produce his witnesses shall not haue any other time to examine any more vnlesse he do sweare that he knoweth not what the former witnesses haue deposed and the Iudge do assent thereunto 6 If the witnesses haue declared any thing obscurely they may declare the same more plainely if the Iudge do desire the same at the intreatie of the partie according as he shall direct 7 After publication of the witnesses depositions there may not any other witnesses be deposed vpon the said interrogatories or any matter touching the same 8 That the witnesses be examined of the time of the place and of the case it selfe whether they haue seene or heard the same what they beleeue or know thereof or of the report they haue heard 9 That to auoid charges there be not too many examined A Maximo of the Law of Arragon The seuenth time is when all must bee alledged which may any manner of waies make for the state of the cause and if it fall out that two witnesses tell one tale as it were verbatim their euidence is voide and the eight time the Iudge proceedeth to a definitiue sentence and the ninth time which must be done within tenne daies the partie may appeale and therupon for the tenth time the pleyto or suite with all the records goeth out of that Iudges court to a higher court where it may not depend aboue a limited time The obseruations doe minister an occasion that many controuersies are ended without law for the parties are not sure to obserue these times and the defendants which seeke delaies are not contented with so short a time of pleading the complainant also may know whether it be safe for him to take his oath as aforesaid that hee is in conscience persuaded of his right To abridge the multiplicities of suits and moreuer paying a fine for wrong molestation abridged with them heretofore the multiplicities of suits Omitting now to speake of other courts of equitie and calling law and Equitie to bee the Common Law so much commended aboue the Ciuile Law by the said M r. Fortescue sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth who hath obserued fiue points wherein the same consisteth let vs obserue many more to extoll the excellencie of the said Common Law as followeth summarily 1 First because of the antiquitie thereof Excellencie of the Common Law of England for that in all the times that the Realme was inhabited by fiue seuerall nations the same was still ruled by the said Customes that it is now gouerned withall which if they had not beene good some of the Kings of these seuerall nations mooued either with justice or with reason and affection would haue changed or abolished the same especially the Romanes who iudged all the world 2 Secondly for that the Kings of England at their Coronation doe take a solemne oath to cause all the Customes of the Realme to be faithfully obserued according to the former institution 3 For that the said ancient Customs or Maximes therof are inexpugnable and doe stand of their owne authoritie as Principles which need no reason to confirme their authoritie as the Lawes of Solon Draco Carondas Licurgus Numa Pompilius and the Law of twelue Tables c. 4 Because all differences and controuersies which happen betweene the King and his subiects are tried and determined by the Law and if it be done in Parlement or by the Iudges it is still according to the Law 5 Because the King personally giueth not any iudgement especially when himselfe is a partie seeing it is against the Law of Nature to be both judge and partie 6 For that notwithstanding the decease of the Kings of England from time to time the Iudges of the Courts of Record that is to say of the Chancerie of the Kings Bench of the Common Pleas which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised and their power ended not immediately with the King howbeit the succeeding Kings doe confirme them in their offices whereby all seditions are preuented during the inter Regnum 7 For that with indifferencie without regard of persons it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects 8 For exercising a power ouer the Iudges which are not to judge of the Law but by the Law and therefore is the word Iudicium properly attributed to their determinations euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates following equitie as it were without Law For there is the like proportion betweene the Law and the execution thereof called Legis Actio as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium 9 For that the officers thereof are authorised according to the qualitie and due execution of it by a proportionable distribution namely The Iudges for terme of life and officers subalterne changing from yeare to yeare to the end the administration of justice may bee more indifferent 10 For the diuersitie of the triall thereof in seuerall Courts according to Law and Equitie is the cause of an agreeing and most necessarie discord as it were Concordi Discordia whereby the bodie of justice is supported by striuing as the stones vpholding a vault as Cato saith 11 For that the Iudges in criminall causes doe change from time to time their circuits and inferiour Iudges of the Court doe execute the place as well as superiour Iudges whereby partialitie is preuented 12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man seeing that euen in criminall causes it hath prouided as much as may stand with justice a helpe and fauour permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading and giuing them leaue to except against the Iurors which they dislike 13 For that it doth forbid the sale of offices thereby intending due administration of justice for where offices are sold as it were by the Great there justice is commonly solde by
moneths in the yeare euery Todd containing foure Nayles and euery Nayle being 7 ll for the seuen dayes of the weeke This Sacke of Wooll is accounted to make 4 Standard Clothes of cleane Wooll called Sorting-clothes waighing 60 ll the Cloth and being 24 yeards long of 6 ½ quarters broad or thereabouts within the remedy or allowance of 2 ll weight vpon a cloth In the weight is to be obserued that the clothes be well scoured thicked milled and fully dryed In the Measure likewise that the same be measured by the yeard and inch within the List concerning the breadth according to the said Statute made of all the seuerall sorts of Clothes made in diuers Shires Viz. Broad Weight and Measure Kent Yor. Read clothes of 6 ½ quarters 86 ll 30 34 yeards Suffolke Norffolke and Essex of 7 quar 80 ll 29 32 yeards Worcest Couent and Heref. of 6 ½ quar 78 ll 30 33 yeards Wilts Glocest. Oxon. Somers of 7 quar 76 ll 29 32 yeards Suffolke sorting Clothes broad 6 ½ quar 64 ll 23 26 yeards All sorting Clothes of diuers shires 6 ½ q. 60 ll 24 26 yeards B. Cloth Tauntons Bridgewaters and Dunstars of 7 quar 30 ll 12 13 yeards Broad narrow of Yorkshire of 4 quar 30 ll 24 25 yeards Deuon Kerseys and Dozens of 4 quar 13 ll 12 13 yeards Check Kerseys straict plain grayes 4 q. 24 ll 17 18 yeards Ordinary Penistone or Forests 5 ½ quar 28 ll 12 13 yeards Sorting Penistones of 6 ½ quar 35 ll 13 14 yeards Washers of Lankyshire and others 17 ll 17 18 yeards Clogware Kend. Karpnuales at pleasure  20 at the lest The manner of making of all Woollen Clothes and workemens orders with the viewing searching and the forfeitures or abatements may at large be seene by the said Statute being an Epitome of all former Acts concerning the indraping of Wools appointing wherein Flockes Thrums or Lambs wooll may be put Obseruations concerning the said Weight and Measure of Clothes in generall THat all Substantiall things either dry or liquid are by Diuine prouidence subiect and gouerned by Number Weight and Measure That Weight and Measure doe controle each other and that Number giueth denomination to them both to discerne truth from falshood as aforesaid That the weight of a Cloth is more to be regarded than the Measure because the weight containeth substance which is abused by stretching it in measure That according to the Standard of Clothes there must be allowed or accounted two pounds and one halfe of Wooll to make one yeard of the abouesaid Clothes That the Statute of Clothmaking hath had a consideration to make an allowance or abatement for Draped Dressed Rowed and Sheared Clothes which is fiue ll in a Long-cloth and foure ll in a Broad-cloth besides the remedy of two ll According to this Rule his Maiesties Custome for Cloth and Carseyes c. ought to bee payed equalizing the said Custome of Cloth with the Custome of Wooll according to fortie shillings the Sacke payed in the time of Queene Mary which is to bee done according to the weight and not according to the measure as heretofore hath beene partly done And the weight will cause Clothes to be better made according to the Statute whereunto the Reformation must be reduced which will be beneficiall Benefits which will arise by the true making of Clothes in England according to the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine THe Cloth of the Realme shall recouer his former estimation which euery Merchant weighing his Clothes will cause to bee obserued according to the said rule and proportion betweene weight and measure whereby the stretching and falsifying of Cloth will be controlled and preuented especially if this demonstration here set downe shall direct the buyer of Clothes And the like may be made for Carseyes and all other woollen commodities according to the said Statute The Cloth being truely made will be more vendible beyond the Seas where many complaints are daily made of the false making thereof which the Clothier cannot but know vpon so many Certificates for Tare as are abated of them to their losse euery Merchant looking more to buy good cheape than to buy good Cloth feeding false making by it which commeth to passe more by ignorance than otherwise The Clothier finding the Merchant by these meanes able to controll him will endeuour to make true Cloth and the Officers to suruey it will be more carefull and not send the Clothier their Leads and Stampe and so they be payed neuer looke to take paines to view the Cloth hereby trafficke will increase for the generall good of the Realme and his Maiesties Custome will be duely payed according to the said Statute and all will tend to the glory of God and honour of the King in all Equitie and Iustice to bee obserued in all well gouerned Common-weales Weights and Measures controll each other Wee may perceiue by the contents of this Discourse how weight and measure doth controll each other compare your measure of Corn with the weight as before is declared your length of Clothes with the weight as aforesaid nay your wet Measures with your dry Measures of all things of that nature and experience by obseruation will teach you to distinguish truth from falshood and how to know the goodnesse of things if Spices become light then the weight will shew it because the substance is dryed vp which to preuent is wisedome and no deceit For as the Element of ayre is the cause of putrifaction so the excluding of the same in many things is a preseruation and so is likewise the preuenting of drinesse But to end this Triall of measure and weight let vs obserue the Italians by weighing and measuring of their Silke wares A yard of Satine weigheth foure ounces being truely made and if it bee aboue they take the same to be ouergummed and not truely made and so if i◠weigh lesse CHAP. V. Of the three Essentiall Parts of Trafficke namely Commodities Money and Exchange of Money by Billes of Exchanges ALL the trafficke and commerce betweene Nation and Nation or man and man is performed vnder three Simples which are properly the Essentiall parts of Trafficke Namely Commodities Money and Exchange for Money by Billes of Exchanges which is effected by Number Weight and Measure according to the former obseruation A Tripartite Exchange And herein is to be considered a Tripartite Exchange That is Commodities for Commodities Commodities for Money and Commodities for exchange of Money by Bills of exchange For some Merchants do negotiate all for Commodities others all for Money or Exchanges or for all three or any of them which yeeldeth them most benefit and gaine and herein is their particular profit or Priuatum Commodam more respected than the generall good of the common-wealth whereby corruptible and vnnecessarie commodities are giuen for Staple
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
according to the rule of money whereby euerie man setting a price vnto his commoditie doth sell and barter the same as he can with a respect of the necessarie vse or request had of the commoditie and of the qualitie and goodnesse of the same being either corruptible commodities or staple wares more durable whereby all mettals and minerals came into greater estimation and the purest was most valued and esteemed euen in the verie trafficke by commutation when moneys were not coyned and commodities were dispersed by commerce betweene nations by an interchangeable course supplying each others occasions and necessities according to the vse of commodities Commutatio negotiatiua This commutation is called Negotiatiua because things are commuted for to sell againe by way of negotiation which is either by selling or deliuering commodities for commodities in specie as aforesaid or by the rule of money in buying and selling the same at a price agreed or concluded vpon betwene the parties contracting for the same In the estimation whereof we are to haue a due consideration That riches being naturall and artificiall and both valued by money there is required a certaine equalitie in the said estimation proceeding of the consideration betweene this naturall and artificiall riches And as there are three temporall things for the behoofe of man namely Food Houses and Apparel so must we account all the things seruing thereunto accordingly and the scarcitie or plentie of those things also according to the vse of them hauing alwaies a regard and care not to pay too much for the things seruing for the bellie especially such as in some sort may be spared or forborne and not to sell too good cheape the things seruing for the backe or in effect to barter them for superfluous things alwaies admitting ciuilitie which albeit that men account that ciuile which is according to the manner of euerie countrie as the prouerbe is countries fashion countries honour yet reason must rule herein with a due consideration of Gods good creatures and gifts which cannot be done without an vnfatigable industrie both in discerning the varietie of them and in obseruing their infinit number and pure creation in which regard pretious things haue their estimation so that the same ciuilitie must be reduced to the good of the common-wealth and for the vpholding of the same liuing together in christian societie giuing so farre place vnto reason that euerie man may endeauour himselfe for the preseruation of the weale publike and conceiue generally that other nations not indued with so much reason are alwaies inferiour vnto vs in that regard euen considering all men alike in an estate of politicke gouernment Who seeth not then that without any cause of admiration some men doe wonder at the simplicitie of Brasilians West-India and other nations as they of Barbarie or Africa in giuing the good commodities of their countries yea Gold Siluer and pretious things for Beades Bels Kniues Looking-Glasses and such toyes and trifles when wee our selues commit the same in giuing our staple wares for Tobacco Orenges and other corruptible smoaking things or superfluous commodities bought at deere rates to the losse of the common-wealth whereby commeth an ouer-ballancing of foreine commodities with our home commodities which draweth away our treasure and readie moneys to the incredible losse and impouerishing of the realme This commutation negotiatiua ought to be the studie of Polititians or States-men as a principall matter of State for the preseruation and augmentation of the wealth of their Common-weales or Monarchies where they sit to direct the ship of trafficke as skilfull Pilots obseruing all accidents which happen to the three essentiall parts of trade and commerce alreadie declared and to be amplified in our description of this customarie Law of Merchants This Studie consisteth in two points namely in the consideration of the value of the things commuted or bartered betweene countrie and countrie according to their vse and in the charges of manufacture of those things and the manufacture of other things exchanged for the same by way of trafficke and commerce Worthie of commendation was the Maior of Carmarthen towne in Wales The due commendation of the Maior of Carmarthen who perceiuing the Spaniards to import Oranges and Lemons and to sell them continually for readie money and to export the same without buying any of their countrie commodities being Staple wares and theirs verie corruptible and many times halfe rotten caused a proclamation to be made That no man for the space of three daies should buy any of those Oranges and Lemons and within that time they were all spoiled and so the Spaniard went home by weeping crosse and afterwards sold his Oranges better cheape and bought commodities for his returne Touching the price of manufactures the labour and charges of workemen is to be considered on either side and what the commoditie may be in the wearing or vse thereof and to what purpose or profit the remainder may be imployed As for example If silke Lace be imported after the wearing it is nothing worth If Venice Gold and Siluer be imported there will remaine about the one halfe in Siluer albeit the same be sold deere vnto vs which is verie tollerable if other of our manufactures or Cloth be exported for the same whereby the people are set on worke to maintaine a common societie But when Tabacco is imported Hinderances by Tabacco c. and leaueth nothing but smoake which is not onely bought at deere rates and doth hinder importation of Bullion or Ryals of Plate but is also the cause that our home commodities as Cloth Bayes Perpetuanoes and Sayes are sold to losse by the buyers of Tabacco which causeth the price of our commodities to be abated and the realme to loose aboue fortie thousand pounds yearely by this negotiation of barter States-men therefore might in this particular take some course that euerie man should not make employment in Tabacco in Spaine or beyond the seas but that the licensed buyers thereof should make ouer so much money by exchange as were needfull for a competent quantitie to be proued by good and true certificate that the same hath beene performed accordingly On the other side if Venice Gold and Siluer thred Spangles and Oes shall be thought conuenient to be made in England then to procure the Siluer in plates cut or vncut to be brought ouer of the sterling Standard or so much in Bullion as may make the quantitie required may be thought expedient if in regard of ciuile reputation of the kingdome we will not prohibit the importation of it by course of trafficke But considering that after wearing the same with reputation it leaueth almost the one halfe of his value There is no pregnant cause to find so much fault with it as some men do The like consideration is to be had for such manufactures whereof the verie peeces or rags may be vsed to some purpose as of Linnen to make white paper
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King Eâ—ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Hollâ—ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guiccâ—arâ—in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertâ—ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
thirteene shillings and foure pence whereunto is added the auncient Custome heretofore paied by the Merchants of the Steele-yard or Haunce-townes being 14 pence so together 14 ss 6 d a Cloth besides the ouerlength of 3 d ¼ the yard The pretermitted Custome of Cloth which is of late comprised in the new Imposition of the pretermitted Custome for waighing of Clothes at two pence the pound so that a short Cloth paied in times past a noble and now tenne shillings besides the ouer-length according to the weight after the said rate of two pence for the pound all which the Merchant stranger payeth double Also whereas of late yeares since the Customes were letten to farme all Commodities as Sugars Spices Raisons of the sunne and others are weighed and thereupon the Tarra for the Caske or Chest is to bee allowed Allowance for Tarra or Cask and so the Custome is payed There ought good allowance to be made for the said Tarra because many commodities being vnladed and hauing taken the moisture of the seas increaseth the weight of their Caske so that Merchants pay many times Custome for that which they haue not by the strict dealing of Officers contrarie to equitie and justice if they doe not warily looke to their affaires wherein the Officers may also be excused Now to conclude touching Customes we must consider what they may amount vnto vpon the hundreth according to which Merchants are to cast vp their accounts for benefit and losse as aforesaid Custome The Custome in England called Parva Custuma was three pence vpon euerie pound that the commodities are rated in the Custome Booke which is paid by Merchants strangers now altered paying 6 d. Subsidie The Subsidie or Poundage is payed by all Merchants of what nation so euer which is 12 d vpon all commodities brought in And for Cloth exported 6 ss 8 d for English Merchants and Merchants strangers double Imposition The new Imposition established in the yeare 1608 is also 12 d vpon all commodities imported and vpon some commodities exported is limited so that Custome and Subsidie in England is 12 ½ vpon the 100 for Merchants strangers besides but leridge or scauage almost one pro cent more for goods inward and for English Merchants is ten vpon the hundreth Impost The Impost of Wines is limited vpon the Butt Pipe or Hogshed as by the Booke of rates with the Composition money and other dueties In Spaine and Portugall they take after diuers rates for commodities some â— 10 or â— â—â— and twentie fiue vpon the hundreth esteemed to be one with another vn quinto or â— â— part or 20 pro cent with the Alcaualla taken for Brokeridge to sell them In Barbarie seuen pro cent Alcaualla aboord The Turke taketh â…• part as the Aegyptians The Venetians take 3 5 7 and 10 vpon the hundreth with great aduisement and vpon the Manufactures of other nations 14 15 and more And the like is done in France to aduance the handie crafts man The Great Imposts demanded in the yere 1604 by Philip the third King of Spaine of 30 vpon the 100 of French English Great Imposts and Flanders commodities was soone abolished when the French king Henry the 4 did the like for one extreame enforcing another is of small continuance CHAP. XXXVII Of Merchants Wagers Stipulations or Conuentions FOr as much as diuers Ciuilians haue intreated of this arguments of Merchants Wagers and made some Treatises de Sponsionibus wherevnder matter of Assurances is comprised it may not be thought impertinent to handle this subiect briefly and diuidedly from Merchants Assurances alreadie declared in his proper place The said Ciuilians do distinguish these Wagers or Sponsiones to be threefold 1 Where a Wager is laied with a pawne in the hands of a third person 2 Where by way of Stipulation some thing is giuen vpon a Wager 3 Where a thing deliuered or by a couenant made with another person the same is promised to be restored and double treble and ten times the value thereof vnto the partie with whom the Wager is made if the matter in question or doubt do not take effect whereof many examples may be giuen and declared namely The Great Wager betweene Cleopatra Queene of Aegypt Examples of Wagers and Marc Anthonie for the great expences of a supper by dissoluing the Paragon Pearle and drinking the same as Plinie reporteth when Lucius Plancus was made judge of that Wager and pronounced that Anthonie had lost That of Cecinna whereof Cicero maketh mention for the recouerie of his grounds taken from him in hostile maner by Eubusius and restored againe That such a Cardinall shall be elected to be Pope That such a King is dead and such a town is taken in all which the Wager is made by Pawne Stipulation or Conuention as aforesaid and hereof are innumerable examples Hereupon they conclude That all Wagers laid must be for honest causes and as it were striuing for vertuous actions and that these by the law are to bee maintained in the performance of the Wager wherein custome is the best interpreter Custome the best interpreter of Law euen in the point of law which is considerable in all cases by the long obseruation of them A Wager being laid that the Pope of Rome or the Emperor or any other great personage shall die within the yeare Lawfull Wagers and vnlawfull is good in law but to lay Wagers as desirous or wishing some vnexpected euill or aduerse fortune vnto an honest man or although it were to an enemie is neither ciuile nor naturall in the vnderstanding of well disposed men A Wager laied vpon the death of a priuate person is disallowed but not for the contracting of any supposed or expected marriage which is lawfull All Wagers laied in lawfull games are allowable but in prohibited games cannot be recouered by the Ciuile law So Wagers made by lookers on vpon other mens games are disallowed which is the cause that Stipulations are made putting the pawne or money downe which is called to stake downe and if it be vpon an vnlawfull game then the lookers on are subiect to punishment as well as the gamesters A Wager laid who shall eate or drinke most is vnlawfull If a Gamester or a Merchant playing receiue twentie and promise to giue fiftie for it the next day playing the Conuention is good A Merchant laying a Wager to giue tenne for one if such a ship arriue within a limited time within such a Port or Hauen is good in law A Wager is laied vpon the arriuall of a ship in the port of Lixborne and a certaine summe of money promised thereupon it falleth out that the said ship is a Galeon so deniall is made to pay the money The Law did determine the money should be paied because the word Ship is a generall name although it be called by diuers names As a Notarie is called a Tabellion Scriuenor or a
for Merchants credits and reputation for that Merchant which in the storms of aduersitie sheweth to be a good pilot deserueth great commendation of the care and endeuours which he vseth to preuent the ship-wrecke of his reputation and credit especially with a good conscience which will be vnto him a continuall feast although the seas be turbulent for he is armed with patience and not destitute of comfort and on the contrarie those that like cowards become carelesse of their credit or being of an euill disposition seeke to defraud their creditors and to inrich themselues by their breaking paying little or nothing they do not onely deserue a name of defamation but ought to be met withall by some seuere punishment by the Law Seuerepunishment of Bankrupts It is not long since namely in the yeare 1602 that there was a Merchant at Roan in Fraunce who together with his sonne and a Broker had confederated to buy great store of merchandises vpon their credit of purpose to breake and to inrich themselues which being knowne made them to be apprehended and the court of Edicts did proceed criminally against them as theeues to the common-wealth whereof they were also conuicted and all three of them hanged in the market place obseruing that the reprehensiue Prouerbe Dat veniam Coruos vexat censura columbas was to be remembred To punish the small theft or litle theefe and to suffer the great theefe to escape which is vnreasonable The statute against Bankrupts The Statute of Bankrupts made and prouided by our law against Merchants and Citizens only was done to a verie good intent if it were executed accordingly with due consideration of the qualitie of persons and their behauiour But some can preuent the meanes of suing forth the same and so breake the strength of it as easily as a Spiders webbe whiles plaine dealing men are laid hold of that haue an honest intention to pay euerie man according to their abilitie present or future as God shall enable them for Vltra posse non est esse But these well meaning men are oftentimes hindred to performe their honest intentions by the hard and obstinate dealing of some of their creditors to the vtter ouerthrow of them their wiues and children and the generall losse of all the rest of the creditors these men therefore are to bee ouerruled by the Lord Chaunceller who may compell them to bee conformable with the other creditors according to the Customes of Merchants in other countries and there hath beene in times past during the Raigne of Queene Elizabeth Commission for the reliefâ— of prisoners a Commission granted vnder the great Seale of England for the reliefe of distressed prisoners in the prisons of the Fleet and the Kings Bench which Commission if it were renewed for the reliefe of the one and finding out of the other would worke much charitie and contentment to the subiects Howbeit to preuent these extreames is more commendable for many Merchants and Shopkeepers doe flourish and become rich againe if their creditors be fauourable vnto them and doe pay euery man to the full Therefore are the Letters of Licenses deuised amongst Merchants Letters of License giuen to debtors which are as a Pasport for the persons and goods of the debtors giuen by the creditors by way of couenant that they shall not for and during such a time or terme of yeares trouble or molest the persons and goods of the said debtors nor cause to bee molested arrested or troubled vpon paine and forfeiture of their said debts to be pleaded in Barre against them for euer as a full paiment of the same For the better encouragement and to retaine men in their duties The Custome of Merchants concurring with the course of the Ciuile Law herein Restauration of credit doth make a restauration of credit to those that pay their debts to the full notwithstanding their losses which they haue sustained and they may haue a publication made of it by way of intimation to all men vpon the Exchange or other publike places for a perpetuall remembrance to posteritie of their honest religious and commendable endeuours and behauiours to the honour and credit of their house kindred or good descent which is more especially regarded in Spaine A gentlemans priuiledge in Spaine where a Merchant or Cittizen being decayed in his estate and hauing payed according to his abilitie yea although hee doth not pay at all shall be freed from all arrests and troubles touching his person if he make proofe that hee is a Gentleman by birth which extendeth so farre that all Merchants Strangers may haue and inioy the like priuiledge vpon Certificate made by any that is Ambassadour and agent for their countrey who commonly will doe it vpon the verification of it by the Heraulds or otherwise which causeth men not to degenerate in vertuous actions although aduerse fortune playeth her Tragedie which they ouercome with constancie and magnanimitie The said Statute against Bankerupts is made vpon verie great consideration which lieth not against a Gentleman so that to call a decayed Gentleman a Bankerupt although he haue had dealing in the world beareth no action at the Common Law vnlesse hee were a Merchant or Shopkeeper c. Commissioners for the Statute of Bankerupts The Commissioners appointed by the Lord Chanceller vnder the Great Seale to execute this Commission of the Statute of Bankerupt must be Councellers at the Law ioyned with some Citizens or Merchants which are to seize of the partie which by the said Commission is proued to be a Bankerupt all goods debts chattels and moueables into their hands and to appoint one or two of the creditors to be Treasurer of the same which is afterwards to bee distributed by the said Commissioners vnto all such as they shall find and admit to be right creditors to the partie and with his priuitie and consent vpon such specialties bookes or accounts as they shall produce and be made apparant vnto them which must bee done within foure moneths after the date of the said Commission The contents of the said Statute For if it bee after the foure moneths expired they may exclude any creditor if they see cause so that the said distribution shall be done to those only which haue beene admitted within the said time according to their seuerall principall summes due vnto them without any interest for the forbearance since the specialtie was due or any forfeiture howbeit charges in Law expended for the debt shall be by them allowed according to their discretion So likewise is it in the discretion of the Commissioners to admit any creditor to come in where the partie was suretie for another if that partie be likewise decayed For it is vsuall for interest money that two or three are bound together and the collaterall Bonds which they giue each to other to saue harmelesse are to be considered both by the said commissioners and the creditors It is
inhabite in Virginia where they shall haue houses and lands for themselues and their heires for euer and their worke shall be taken from them and they shal be duely paied and that a certaine number onely shall haue this priuiledge for certaine yeares and none others to be admitted albeit the number of people doe increase wherby they may be sure of a certain beneficial liuing And no doubt they wil aduenture that little they haue to inrich their means and estate and persuade their wiues and seruants to go with them who may succeed them vpon other good conditions The like is to be done with Taylors Bakers Brewers and other handicraftes-men and so conceauing a common-wealth within themselues wil resolue and encourage many that are of some meanes to accompanie others of smaller means whereby the base minded will be brought to be also painefull and industrious in time and the charge of the vndertakers will be lesse and more commodious to prouide the voyages with facilitie The like was to be put in practise by the Hollanders in the Island of saint Thomas vnder the line but the extreamitie of the heate of that Climate did bring a disorder and the attempt was giuen ouer It is more like to be established in other places for albeit the warres in Europe will diminish the people yet most countries are populous Politicians although they are much mistaken in the number of parishes of seuerall kingdomes yet are they not in the number of the persons or inhabitants France containing by late estimation about 27400 parishes What people in France in numbers c. esteemed in 44 hundreth thousand families of fiue persons to a familie where in England six persons are accounted to be in a familie is 22 millions of persons England containing 9725 parishes 52 shires and 26 cities is esteemed in 28 hundreth thousand families of six persons which maketh 16 millions and 800 thousand persons Scotland containing aboue 4000 parishes is esteemed to haue about 1500 thousand persons or families of six persons is nine millions of persons Ireland containing 5500 parishes was esteemed not to containe the two third parts of Scotland which is now much increased The prouince of Flanders one of the 17 Netherlands esteemed to containe 140 thousand families of fiue persons is 700 thousand persons which is more than the kingdome of Denmarke being ten times more spacious Now omitting to speake of other countries Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments be it an Aristocracie or Democracie the meanes to make countries populous is thought reasonable which in Monarchies is held to be dangerous The concourse of people causeth the greater consumpsion of all things and the reuenues are great by Impositions and it giueth life to trafficke and commerce The Plantation of Vlster one of the foure Prouinces of Ireland is now verie great and the meanes to set the people on worke are to be taken in hand which may be done by a Corporation of English and Irish Merchants there inhabiting and English Merchants in England to vent the superfluities of the commodities of that kingdome and to increase the manufacture of many needfull commodities to bee made there the realme affording stuffe and materialls thereunto plentiously And here I remember a good obseruation heretofore made touching the kingdome of Ireland Why the same was not brought vnto perfect obedience to their soueraigne these 400 yearâ—s but vnder our most gratious king Iames which is attributed to the mistaking of the place of the plantation of the first aduenturers that were deceiued in their choice Fit places for plantation to be considered of for they sate downe and erected their castles and habitations in the plaines and open countries where they found most fruitfull and profitable lands turned the Irish into the woods and mountaines which as they were proper places for Outlawes and Theeues so were they their naturall castles and fortifications thither they draue their preys and stealths the lurked there waited to do euill and mischiefe for these places they kept vnknowne by making the waies and entries thereunto impassible there â—hey kept their cattle liuing by the milke of the cow without husbandrie or tillage there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues there they made their assemblies and conspiracies without discouerie but they discouered the weaknesse of the English dwelling in the open plaines and thereupon made their fallies and retraits with great aduantage Whereas on the other side if the English had builded their castles and townes in those places of fastnes had driuen the Irish into the plaines and open countries where they might haue had an eye and obseruation vpon them the Irish had beene easily kept in order and in short time reclaimed from their wildnesse and would haue vsed tillage and by dwelling together in towneships learned mechanicall Arts and Sciences This discourse may seeme strange to the Law of Merchants but when Merchants vndertake Plantations as we see they do no man will hold the same to be impertinent The discouerie of the Southerne countries called Terra Australis And for as much as diuers Mathematicians heretofore haue according to those discoueries made their maps and vpon good probabilitie affirmed and set downe Terra Australis incognita whereof discouerie hath beene made in the yeare 1615 by Ferdinand de Quir a Spanish Captaine let vs consider that many other countries may also be found out albeit this containeth a fifth part of the world for as he saieth to Philip the third late king of Spaine the length thereof is as great as all Europe and Asia the lesse vnto the sea of Bachu Persia and all the Isles as well of the Ocean as of the Mediterranean sea taking England and Island into this account seated within Zona Torrida and a great thereof reacheth vnto the Equinoctiall Circle eleuated vnto them to 90 degrees aboue the Horizon and in some places a little lesse There they liue without Kings or Lawes and know no neighbourhood either of Turkes or Moores and according to this maner of life although they want Yron and Guns they haue not need of any thing But they abound with many excellent commodities whereof the Spaniards will in time make vse especially if they be more assured of Gold there to be found as in part they are of Siluer and Pearles for these are the three most pretious darlings that lie and are cherrished in the bosome of Nature To say nothing of Spices and Drugs whereof they abound with many other commodities by the said Captaine declared And here we may not omit to remember That it is not enough to discouer countries and leaue them without plantation or at the least neglect the vse of them if Merchants do giue ouer their enterprises But it is the part of Princes to see plantations made True causes to make plantations for two maine reasons
other hauing meanes more than sufficient to maintaine the trades considering the great summes of money deliuered at interest although the money in specie be wanting which by these meanes would be supplyed And concerning the priuiledges graunted to seuerall societies it will bee easie to reconcile them by good orders to be obserued in the fishing trade wherein all men of seuerall companies may participate and the generall good is alwaies to be preferred before the particular and that societie which is against the common good ought not to bee admitted or continued for any priuate respect Answere To the second obiection That other nations are more painefull and industrious and haue more skill in the cutting salting and packing of fish and pay no fraight for the transportation of their fish Suppose it be so as you say for the present yet you cannot denie but that the same may be amended by vse and custome seeing our people can endure all climates and hardinesse as well as others and by good orders and gaine may be allured to vndertake labour and pains when want breedeth industrie and gaine is like a second life The managing to make fish more merchantable and vendible may be learned of others in time and for wages men will be procured that shall teach others we know that the prouerbe is true omne principium graue The like may bee said touching the fraight of shipping which in processe of time may be had in the same manner if the coast Townes of England were made and appropriated to bee the Ware-houses or Megasins for the grosse commodities of those countries where the Herrings are sold For the scituation of England is farre more commodious to send away the said commodities for all other countries and in diuers places at all times and seasons of the yeare when their countries are frozen for many moneths together or want many times winde and weather to performe their voyages which was the cause that the Hamburgers could not conueniently continue their fishing trade as is alledged Hauing answered sufficiently as I hope the two maine obiections against the fishing trade let vs now examine the benefit of it by the calculation made by the said gentleman Now to shew truely saith he what the charge of a Busse will be with all her furniture as Masts The whole charge of a Busse Sailes Anchors Cables and with all her fishers implements and appurtenances at the first prouided all new is a great charge she being betweene 30 and 40 Last will cost fiue hundreth pounds and may continue 20 yeares with small cost and reparations but the yeâ—rely slite and weare of her tackle and war-ropes with her nets wil cost 80 pounds And the whole charge for the keeping of her at sea for the whole Summer or three voyages for the filling of a hundred Last of caske or barrels 100 Last of barrels 72 ll For salt 4 moneths 88 ll Beere 4 moneths 42 ll For bread 4 moneths 21 ll Bacon and butter 18 ll For pease and billets 6 ll For mens wages 4 moneths 88 ll 335 ll A hundred Last of barrels filled and sold at 10 pounds the Last is 1000 ll 0 0 The charge deducted 335 0 0 Gotten 665 0 0 Here saith he plainely appeareth The profit of one Busse that there is gotten 665 pounds in one Summer whereof if that you do deduct one hundreth pounds for the wearing of the ship and the reparations of her nets against the next Summer yet still there is 565 ll remaining for cleere gaines by one bâ—sse in one yeare rating the Herrings sold but at ten pound the Last which is commonly sold by the Hollanders at Danske for fifteene and twentie pounds The charge of a Pinke of eighteene or twentie Last Of â— Pinke making fifteene Last of barrel fish he accounted accordingly to cost 260 ll and the prouision and wages to be for two moneths 57 ll and the Last sold at 14 ll 8 ss or 24 ss the barrell there is resting gaine for fifteene Last of barrell fish 158 ll He hath noted moreouer that besides the Hollanders the French men of Picardie haue also a hundreth saile of fishermen onely for Herrings on his maiesties seas euerie yeare in the Summer season and they be almost like vnto Busses but they haue not any gagers to come vnto them but they do lade themselues and returne home twice euerie yeare and find great profit by their making of two voyages yearely And hereupon he concludeth with an exhortation to all noble Exhortation for the fishing trade worshipfull and wealthie subiects to put too their aduenturing and helping hands for the speedie launching and floating forward of this great good common-wealth businesse for the strengthning of his maiesties dominions with two principall pillars which is with plentie of coine brought in for fish and Herrings from forraine nations and also for the increasing of mariners against all forreine inuasions and for the bettering of trades and setting of thousands of poore and idle people on worke But now returning to the lawfulnesse of fishing wherein we are to obserue That albeit hunting hawking and fishing be of one kind as subiect to a like law and libertie because that any wild beast fowle or fish being once taken by any man commonly it becommeth his owne proper by the law of nations yet there is a difference between these three and although hunting and hawking be almost euerie where lawfull yet fishing is forbidden in other mens ponds stankes and lakes as comparable vnto theft Statute Lawes of England Scotland and Ireland concerning fishing THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade whereunto relation may be had containing in substance the ordinances to build ships and boats and appointing of certaine times for fishing and then onely to fish vpon paines not onely of forfeitures and fines but death also according to the manner of offence made and contempt of those decrees and ordinances Prohibiting for the increase of fishes the making setting and vsing of crowes yarres dams ditches tramlets parkings dyking in any waters where the sea ebbes and flowes and albeit some are permitted to lay nets and to make weares yet must he keep the Saturdaies slop that is to lift the same from Saturday in the afternoone vntill Monday And he is to make each space or mesh of his nets three ynches wide except for taking of Smelts and other fish which will neuer be bigger and the same is to be set vpon the water that the midstreame may haue the space of six foot wide vpon paine of fiue pounds The priuiledges of fishers And concerning the fishers safetie and priuiledges it is prouided That all ships sayling to catch Herrings shall during the taking of them let downe saile after day-light is past and let their anchor fall and keepe watch with lanterne and light vntill the day light appeare least otherwise the poore fishers should be
heretofore accounted two Carrats for an ounce of Siluer And all moneys of Gold and Siluer do participate of this finesse according to their substance which maketh their standards thereafter whereby the sterling standard containeth eleuen ounces and two penie weight of fine Siluer and eighteen pennie weight of Copper and our Angell Gold holdeth twentie and three Carrats three graines and one halfe and halfe a graine of Allay as shall be hereafter more amplie declared together with the proportion betweene Gold and Siluer Let vs now speake of the properties of Moneys in the course of Trafficke and make the effects thereof apparant The propertieâ— of Moneys The first propertie is That plentie of Money maketh generally all things deere and scarcitie of Money maketh generally things good cheape whereas particularly commodities are also deere or good cheape according to plentie or scarcitie of the commodities themselues and the vse of them Money then as the Bloud in the bodie containeth the Soule which infuseth life for if Money be wanting Trafficke doth decrease although commodities be aboundant and good cheape and on the contrarie if Moneys be plentifull Commerce increaseth although commodities be scarce and the price thereof is thereby more aduanced Nay by Money a trade is made for the imployment of it both at home and abroad For those countries where things are good cheape are destitute of trade and want Moneys and although things for the bellie are good cheape there is lesse benefit to be made by Merchants According to plentie or scarcitie of Money then generally commodities become deere or good cheape and so it came to passe of late yeares that euerie thing is inhaunced in price by the aboundance of Bullion and Moneys which came from the West-Indies into Europe which like vnto an Ocean The Ocean of Moneys hath diuided her course into seuerell branches through all countries and the Money it selfe being altered by valuation as aforesaid caused the measure to be made lesser whereby the number did increase to make vp the tale being augmented by denomination from twentie to sixtie or of those latter yeares from fortie to sixtie So that plentie of Money concurring herein made euerie thing deerer and especially the forreine commodities as we haue noted before which caused some men to be of opinion That our Moneys should be more inhaunced as it were striuing therein to exceed other nations wherein they are farre from the marke Alteration of Mâ—ney altereth the price of things for if that were done not onely all the forreine commodities would be deerer but also our home commodities howbeit onely in name The like would happen if Moneys were by allay of Copper imbased as experience hath proued in the time of King Henrie the eight and of latter yeares in the realme of Ireland so that we see the Prouerbe to be true That the vnknowne disease putteth out the Physitians eye The plentie of Money required must be not with a consideration that we haue or may seeme to haue more moneys than in times past but according to the present great quantitie and aboundance of Moneyes now found in all countries which in effect haue more proportionable part thereof than England hath Neither was Money more plentifull when an ounce of Siluer was valued but twentie pence iudging of Money as we do of Commodities either deere or good cheape according to the price for Money must be still the measure and ouerruleth the course of Commodities Howbeit Exchange of Moneys is predominant ouer Commodities and Moneys as shall be declared hereafter The second propertie of Money proceeding from the operation of Vsurie deuised thereupon The operation of Money by the rate of Vsurie whereby the measure is ingrossed and also falsified is That the rate of Vsurie is become the measure whereby all men trade purchase build plant or any other waies bargaine and consequently all things depending vpon the premisses are ruled and gouerned accordingly as in the Chapter of Vsurie Politicke is declared to the decrease of Trafficke and Trade Moneys will haue substanall value really The last propertie of Money is to haue an internall value in substance whereupon the Exchanges of Money are grounded in so much that in countries where the transportation of Money is prohibited and Merchants Strangers and others are commaunded to make their returnes in Commodities or by Exchange if the Moneys be base or of Copper the value in Exchange will be made accordingly to the vtter ouerthrow of all Commerce for Moneys will haue substantiall value Thus much for an Introduction concerning Moneys Now let vs beginne from the originall of Mettalls and so descend to the Particulars and Accidents * ⎠* CHAP. I. Of the Essence or Existence of Mettalls ALl Philosophers by the light of Nature and long obseruation haue determined that the sperme or seed of all things created of the foure Elements doth in a secret manner lowre within the two Elements of Water and Earth and that Nature doth continually worke to produce perfect things but is hindered therein by accidentall causes wâ—ich are the begetters of corruption and imperfection of all things whereby we haue varietie of things which are delectable to the spirit of man Herein they obserue the operation of the Sunne and Moone Vegitatiue Sensitiue and Rationall and the other Planets and Starres in the generation of all things which either haue a Being or Existence as the Elements haue or a Being and Life as vegitable Trees or Plants or a Being Life and Sense as Beasts Birds and other liuing creatures or a Being Life Sense and Reason as Man hath and all reasonable creatures which knowledge and wisedome no doubt the holy Prophet Moses did learne amongst the Egyptians Acts 7.22 But had these Philosophers read the * Genesis Booke of Moses of Creation and Generation they would not haue ascribed the guiding and conducting of all naturall things to the two Leaders namely the Starres and Nature Hence it procedeth that amongst vegitable things which haue a Being and Life they reckon all mettalls which haue their beginning from Sulphur and Mercury Tanquam ex patre matre which meeting and concurring together in the veines of the earth doe ingender through the heat and qualitie of the Climate by an assiduall concoction according to the nature of the earth wherein they meet which being either good and pure or stinking and corrupt produceth the diuersitie of the mettalls of Gold Siluer Copper Tin Lead and Yron in their seuerall natures and hereupon they haue assigned them vnder their distinct Planets to bee beneuolent or maleuolent The Planets of Metalls as Lead vnder Saturne Tinne vnder Iupiter Yron vnder Mars Gold vnder Sol Copper vnder Venus Quickesiluer vnder Mercury and Siluer vnder Luna So Mercury or Quickesiluer is one of the seuen mettals which being volatile and by his volubilitie running with euery one is in nature as they are either good or euill And howsoeuer they
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
Mints beyâ—nd â—he Seas called the Generalls of Mints which did determine such and the like questions and controuersies arising between the Wardens and the Mint-masters which were men of great knowledge and experience in Mint affaires and had from the Prince large stipends giuen them for to attend these Mâ—nt businesses when the trialls of pixes or of the boxes are made and the Mint-masters make their accounts with the Prince Hereupon the said Assay-master according to his courteous behauiour was very well pleased to heare me as he said in fauour of Iustice and Truth And so I began to answere gradatim and articularly as followeth Drinking vp of the copple admitted First concerning the drinking vp of the copple albeit that it appeareth vnto me by certaine testimonialls made beyond the Seas by Generalls Wardens Mint-masters and Assay-masters that if a copple or teast be well made it drinketh not vp any siluer at all yet I will admit that it doth so because you are so confident that you can take it out of the copple or the most part of it and so I will proceed Two penny weight of copper acknowledged to be put in Secondly I do acknowledge that there is two pennie weight of Copper put into the melting pot as you say for it is commixed at twentie pennie weight which is a fâ—ll ounce where the standard requireth but eighteen pennie weight but this is done to counteruaile the wast of Copper which commeth by melting of Bullion remelting of the Brocage and Scizell and by working hammering often nealing and blaunching of the moneys whereby the moneys grow better in finenes than they were at the first melting because so much and more copper doth waste Wast of copper counteruadeth the copper put in and can it waste lesse than ten ounces in one hundreth weight No surely which is the cause that the red Booke in the Exchequer for Mint affaires admitted this two penny weight for waste which is but ten ounces in the hundreth And to say that this two penny weight of siluer is the cause that the Mint-master putteth in two penny weight of copper Vnequall proportion it carrieth not any proportion to put one for one when the mixture of the Standard is eleuen to one But you reply vnto me That the Mint-master is to beare all wasts and therefore must answere the same and be charged in account for it I answere That the accounts of all Mints are made only vpon the finenesse of moneys by their weights and that it was neuer otherwise vsed in England vntill this day All accounts are taken vpon the fine matter onely and if the Warden will bring a new manner of account than euer hath beene taken according to the Leidger Booke of the Mint and the Comptrollers Booke then the Mâ—nt-master is to be charged with euery thing in his proper nature siluer for siluer and copper for copper otherwise it were better for him not to put in any copper than to be made to answere siluer for it But the Mint-master must hold as well his allay as his fine siluer Allay to be kept according to the statute 2. H. 6. ca. 2. and in doing otherwise by not putting in of this two penny weight of copper the moneys would be too fine and the Master might incurre fine and ransome Therefore all Mint-masters doe worke according to their remedies and they do beare all wasts incident and casuall as if some ingots were falsified with copper within as hath beene found at the Mint the Mint-master must beare the aduenture of it Hazard of Mint masters for Princes will be at a certaintie which is the cause that the Mint-masters may commix at their pleasure thus farre as the sixteenth Article of the Indenture declareth That euery pound weight Troy shall bee in such sort commixed and melted downe that at the casting out of the same into ingots The Indenâ—uâ—e of Eliz Reg. xluj it shall be and hold eleuen ounces two penny weight of fine siluer and eighteene penny weight of allay euery pound containing twelue ounces euery ounce twentie penny weight and euery penny weight twentie foure graines according to the computation of the pound weight Troy of England which eleuen ounces two peny weight of fine siluer and eighteene penny weight of allay in the pound weight of Troy aforesaid The old right â—â—erling Standard is the old right Standard of the moneys of siluer of England and that the commixture of the Mint-master hath beene done accordingly so that it was found so at the casting out you best know what made the assayes thereof from time to time As for your Melting booke where the allay is entred if you will charge the Mint-master thereby let it be done distinctly for siluer and copper or allay in his proper nature as is said before and then the controuersie is ended Now let vs come to the Standard of the Base moneys made for Ireland I am sure there is not two penny weight of copper put in as in the sterling Standard Siluer taken out by diuision oâ— the standard of Base monies but there is two penny weight of siluer by computation taken out in euery quarter of a pound of siluer which as you say is eight penny weight of siluer in the pound weight why should the Mint-masters account be charged with this where siluer by the diuision of the proportion is taken out and two ounces eighteene penny weight are taken for three ounces from the fire as the Indenture declareth Shall a Mint-master commixe and melt by prescription or suffer other men to melt it for him and yet be made to answere for the finenesse of moneys according to an indented triall peece made of refined fine siluer as you say and receiue neither siluer answerable in finenesse nor the quantity which he ought to haue allowed him according to the Standard I am sure that in the making of these moneys Câ—eaâ— wast of copper there hath beene aboue fortie ounces of copper wasted in one hundreth weight of the moneys made thereof whereby the Bullion is growne finer that is to say These fortie ounces of copper being wasted haue left the siluer behind wherewith they were commixed at the first and so is the said whole masse or bullion so much finer and richer in the proportion which Arithmeticall distribution doth demonstrate vnto mee Demonstration Arithmeticall and in this ingot of course siluer may prooue it vnto you let vs suppose it weigheth 16 ll and containeth 4 ll of siluer and 12 ll of copper and so may we say it is the fourth part siluer if this ingot now should be made to decrease or diminish 4 ll of copper and so it should weigh but 12 ll and therein still containe all the foure pound in Siluer may not we iustly call this to be richer and say it is one third part of Siluer and yet there is no more Siluer than before
is condemned and forbidden by the holy Scripture the Imperiall Lawes Ciuile and Canon Lawes ancient Fathers Decretals learned Philosophers eloquent Orators Historiographers and Law-giuers The consideration whereof caused me some yeares since to write a small * Saint George for England Treatise of the Operation of Vsurie in Kingdomes States and Common-weales shewing although allegorically the effects of it with the six members of euerie Common-wealth which are Clergie-men Magistrates Noblemen Merchants Artificers and Husband-men by ouerthrowing the harmonicall gouernement of them by too much inriching some and by oppressing and impouerishing some others bringing the instrument out of tune when as euerie member of the same should liue contented in his vocation and execute his charge according to his profession whereby all things should be gouerned in the best and most assured manner that can be deuised and as it were seeking a kind of certaintie in vncertainties which is termed Policie For all worldly and transitorie things being mutable maketh the world properly to consist of discord and dissention a verie vncertaine ground to build vpon and yet a certaine equalitie and concord is required in euerie well gouerned Common-wealth the Prince and gouernour hauing the disposing both of the one and the other Equalitie concerning trafficke and commerce betwixt his dominions and other countreys and Concord amongst the members of a Common-wealth when euerie member thereof doth liue contentedly and proportionably in his vocation Both these are confounded by intollerable Vsurie which is described vnder the inuented historie of Saint George The Historie of S. George whereby our Sauiour Christ was prefigured deliuering the Virgin which did signifie the sinfull soules of Christians from the Dragon or Deuils power So by the person of Saint George is vnderstood the Kings authoritie armed with the right armour of Christians who with the sword of the Spirit of Gods most holy Word explained and corroborated with seuerall other Lawes signified by the Pybald horse whereon hee was mounted did destroy the Dragon Vsurie hauing two wings to aduance himselfe being Vsura palliata and Vsura explicata and his inconstant taile Cambium the Virgin or Kings daughter being treasure and moneys to be deuoured by his meanes and forraine nations The allegorie whereof requireth a due consideration and would in plaine termes be distastfull to diuers This Dragon bringeth inequalitie in a Common-wealth by the meanes of his tayle wherein lieth his greatest strength making the expences thereof to surmount the reuenues In the curing of which disease those would be thought to be verie foolish Physicians that by their medicine should cast the Bodie Politike of a Common-wealth into a more dangerous sickenesse Wherefore as the wounds of this Dragon Vsurie are inueterated so must hee bee dealt withall by degrees and lenitie admitting him for the time as most States and Gouerments doe as a necessarie euill in regard of trafficke and trade A necessarie euill albeit that many Vsurers are like vnto Iewes who thinke it lawfull for them to take any forfeiture bee it neuer so vnequall and vniust any morgage any pawne nothing is amisse for them they are not afraid of that wenne which wee call Anatokismos that is Vsurie vpon Vsurie no they dread not to take tenne vpon the hundreth if it were for a weeke The pretence of the Iewes is because we are strangers as if wee were all Canaanites or some of the seuen Nations which were as well to bee opprest by Vsurie as to bee rooted out by Iosuah but these men cannot alleage any thing in their defence but greedie lucre * dtridot CHAP. XI Of Vsurie Politike and Moneys deliuered at Interest IN the precedent Chapter you may perceiue what Lawes and prohibitions are made against Vsurie and neuerthelesse the practise of it is most vsuall in many Kingdomes and Common-weales and the Lawes are also made accordingly for this sinne is rather in the conscience than in the act and therefore there is no penaltie imposed vpon it by Gods Law True it is that the Statute Law of England doth tollerate tenne vpon the hundreth and so doe some other Lawes twelue and more But the intent and not the rigour thereof is to bee weighed for the cleering of iustice and the preamble of the said Statute Law in the narratiue part saith That whereas Vsurie is against all Diuine and Humane Lawes yet tenne vpon the hundreth is tollerated to be taken for the yeare which by way of forfeiture in the nature of a punishment may be sued for by the Law but if there bee neuer so little taken aboue the said rate of tenne vpon the hundreth for the yeare the principle is lost and treble damages The word Vsurie was not so odious in times past as it is now taken by the abuse of Vsurie Politike Threefold Vsurie no more than it is in Vsurie Naturall and Vsurie Spirituall and my meaning is not to maintaine Vsurie Politike in all respects contrarie to the opinion of Diuines that haue the Word of God for their warrant but the ouer-precisenes therin may breed a great inconuenience to the Common-wealth The Law of God did not punish theft by death but onely by restitution and as Cato saith Cato de Rustica When a theefe was punished to pay the double of that he had taken the Vsurer was alwayes condemned to pay foure times the value The Lawes therefore are made according to the alterations of times nature condition and disposition of the people and simply to say that any thing taken aboue the principall is Vsurie is wonderfull strict vnlesse you take the word Vsurie to bee Biting because the same is neuer hurtfull but where it biteth and the matter of conscience consisteth in the not getting of your debtor and not in the taking of much or little interest The Vsurie is greater therefore to take but two or three vpon the hundreth of one that maketh no benefit of the money than to take tenne or twelue vpon the hundreth of a Merchant who maketh a greater gaine thereby according to the holy Scripture Pecunia non potest parere alienas negociari miserias fratrem non mor debis non munera super innocentem which was the cause that by the Lawes of the Romanes he that took Vsurie of the poore was more punished than he that tooke nay than he that did steale from the rich for no man is bound by law or otherwise admonished to lend money vnto those that haue no need of it and there is on the other side a conscience to be vsed if a man haue gotten well by another mans money and doth pay the same againe without any interest or profit Also in case of interest taken it is considerable That if I doe lend money to him that hath neede and can afterwards prooue that for want of that money I haue sustained great losse or if my debtor doe breake day with me when I looke to haue it at the time appointed and
haue spent time labour and no small charges in hope that hereafter it may do good to the publicke Pawne houses if some Diuine be moued to further it The first is according to the manner of Amsterdam to which end the substance of the petition of honest and religious men his maiesties subiects is as followeth First that authoritie be giuen to A. B. to erect Pawne-houses in all conuenient places of the realmes of England Ireland and the dominions of Wales for and during the terme of one and twentie yeres vpon these conditions That all person and persons shall and may haue at all conuenient times moneys vpon pawnes of or vpon all moueable goods chattels and leases or any thing which shall be agreed vpon after the rate of ten vpon the hundreth by the yeare That the vndertakers may be authorised or licenced to take for the attendance labour and paines recompence of Officers and Seruants wages house-rent and all other charges incident thereunto as followeth For registring and keeping of all pawnes that do amount to fiftie pounds or more one farthing for euerie pound by the moneth For all pawnes that do amount to ten pounds or more vntill fiftie pounds for euerie pound one halfe pennie by the moneth For all pawnes that do not amount to ten pound for euerie pound one pennie by the moneth For euerie bill giuen for pawnes vnder ten pounds one pennie and being of ten pounds or aboue whatsoeuer it commeth vnto but two pence with such clauses conditions and cautions as shall be requisite for the securitie of the said vndertakers and agreeable with the laws of the realm of England paying vnto the Kings maiestie a reasonable summe of money yearely c. The said allowances are inferiour to the moderation of the Emperor Iustinian his Lawes and will be found verie reasonable considering that by the tolleration of Vsurie politicke men can deliuer their moneys in verie great summes at ten in the hundreth freely and without such trouble CHAP. XIII Of Mons pietatis or Banke of Charitie THe second meane to suppresse the biting vsurie of extortion vpon the common people is by prouiding a course that they may haue moneys vpon pawne without paying any interest or vsurie for the loane of it according to the manner of Bridges in Flanders which is more pleasing but it is not so vniuersall as the Pawne houses are where great summes are to be had to accommodate Merchants and all men to preuent the generall abuse albeit it cannot be denyed but that the extortion vpon the meaner sort of people is more haynous and detestable which was the cause that by the Lawes of the Romans he that tooke vsurie of the poore was more punished than he that did steale from the rich as is before declared In Italie there are Montes pietatis that is to say Mounts or Bankes of Charitie places where great summes of money are by legacies giuen for reliefe of the poore to borrow vpon pawnes and to pay onely after three or foure in the hundreth at the most to maintaine the officers and to beare the charges of such an erected Mount for euer But the manner of Bridges as aforesaid may be thought more reasonable paying the officers out of the contributions which by their means may be much increased according to the orders which are hereafter declared Moneys to be giuen to suppresse vsurie for euerie man is willing to giue for the suppression of intollerable and abhominable vsurie The rich that are charitably disposed will giue because vsurie politicke should not be biting the meaner sort of people will be contributarie because of the commodiousnes of it for who will not giue six pence or twelue pence euerie quarter of the yeare when he may borrow a reasonable summe of money without paying any vse for it for one yere or a longer time according to occasions I am sure of most mens inclinations by an attempt made of the practise hereof some yeares since for after the names taken of aboue 1500 persons that were willing to contribute yearely and some Diuines and others that would lend freely 50 ll 100 ll or more for some yeares and some 500 ll I made an alphabetical register of them which was deliuered into the hands of a great personage who as it seemeth was not worthie of the honour thereof but to my remembrance it amounted to some 2000 ll for moneys giuen and to be lent and aboue six hundreth pounds yearely during the liues of the benefactors so that no man hath cause to doubt of the collection of a great stocke for so godly a worke if authoritie were had when this was done vpon the onely hope and surmise thereof to the effecting whereof I will be willing still to doe my best endeauour Now the orders are as followeth Orders to be obserued for the gouernment of the Mount of Charitie consisting of two houses within the citie of London and the suburbes thereof and one house at Westminster where all men may borrow moneys in small summes without paying any vse or loane for the same vpon pawne to be deliuered for caution or securitie of the said moneys according to the manner of Bridges in Flanders and other countries 1 IMprimis That all men of what qualitie or condition soeuer they be being destitute of money shall haue money at all conuenient times without paying any vse or loane for the same but deliuering onely a pawne of any moueable thing so it be not aboue fortie shillings at any one time vntill a competent stock be raised for the maintenance of the said Mount of Charitie for euer 2 Item Whereas the said stocke is raised and to be increased by meanes of charitable and conscionable persons which either do freely lend moneys without taking interest for the same or do freely giue in money and yearely contributions according to their vertuous dâ—sposition which moneys may in progresse of time amount to a notable summe the Treasurer generall therefore shall be a man sufficient and of honest behauiour carefull to appoint sworne honest men vpon sureties to collect the said moneys and for keeping of the pawnes with their Clarkes and other attendants and the Surueior of accounts shall be a man diligent and skilfull in accounts all for the better incouragement of the said charitable giuers and free lenders for the aduancement of this charitable worke 3 Item Whereas the like House called Saint George was heretofore erected at Genoua in Italie by noble Knights bound in honour to see the people relieued from oppression biting vsurie and extortion which by all vertuous Knights is at all times approued and commended There shall be kept one paire of tables in euerie house containing the names of such honourable persons and vertuous Knights ' as shall be yearely contributaries by quarterly paiments during their naturall liues or lend any summe of money gratis for a time together with the names of such well disposed persons as by
merchandising by Bills of Exchanges and especially two other Exchanges which they named Cambio sicco and Cambio fictitio 3 Cambio sicco This Cambio sicco alias called drie Exchange is in this manner A Merchant hath occasion to vse Verbi gratia one hundreth pounds which they will deliuer him in London to be paied vnto their Factor at Stoad but hauing there no Factor of his owne the said Merchant is contented to make his Bill of Exchange vpon the Bankers Factor payable to him the said Factor with order and aduice that when the said Bill shall be due he shall charge him by Exchange againe and take vp the Money there and hee will pay the same with the rechange and charges of Factoridge and Brokeridge wherein they will be sure to make him pay verie great vse or interest of fifteene or twentie in the hundreth for the taking vp of this Money and to make it more drier Exchange they will be contented to take no Bill at all but the Merchants promise to pay it as other men doe at the same time dealing in Exchange for the said place of Stoad and in like maner for other places 4 Cambio fictitio Cambio fictitio is yet more pernitious and performed in this manner A Merchant to keepe his credit being driuen to buy goods for a shift when Money is not to be had and he will not be beholden vnto others comming vnto them as hauing store of commodities at all times they faine that they haue need of Money and must sell their commodities for readie Money Prouided alwaies say they with louing protestations we will pleasure you thus far looke what the goods come vnto we will take it vp for you by Exchange for Venice Lyons or some other place so as you will pay vs for Exchange Rechange or any other incident charges wherunto the merchant agreeing then shall he be sure to pay soundly for the vse of the Money and loose exceedingly vpon the wares These two biting manner of Exchanges being discouered were by an Act of Parliament prohibited in the third and fourth yeare of King Henrie the seuenth afterwards as is noted the Exchange being discontinued in the time of King Henrie the eight it happened that the former abuses came to bee rife againe in the raigne of King Edward the sixth Exchange was forbidden which caused the vse of Exchange to bee vtterly forbidden for a short time But as Ships cannot saile without water no more can trafficke subsist without Exchange in the accustomed places so that the inconueniences appearing it was restored againe in hope of good dealing and reformation promised by other Princes concerning the Royall Exchange But in the time of Queene Marie it was againe neglected who being married with King Philip the second of Spaine did conniue in those things because the dominion of the Low-countreys were esteemed to be vnder one degree In the beginning of the raigne of Queene Elizabeth Complaints of Exchanges new complaint were made of the new Exchanges by Master Hussey Courtmaster of the Companie of Merchants Aduenturers but no man could apply or find a remedie to moderate the inequalitie of Exchanges and to haue value for value as appeareth by Letters Pattents graunted to the old Lord Treasurer Burghley who did not execute the same in three and twentie yeares after for want of true direction to the great losse of the Realme as may bee seene by a Commission in Blanke returned by diuers Merchants albeit the Italian Merchants in those daies could not denie the abuses thereof being expostulated withall as by their politicke Letters appeareth vnder the hand of Acerbo Velutelli Suigo Caualcanti and others who wanted not some vpholders to maintaine their priuate benefit * ⎠* CHAP. II. Of the true calculation of Moneys in exchange by Bills of Exchanges according to Par pro pari The true ground of Exchanges THe true royall Exchange for Moneys by Bills of Exchanges is grounded vpon the weight finenesse and valuation of the Money of each countrie according to the Par which is value for value and so is our Exchange of England grounded vpon the weight and finenesse of our Monies aforesaid and the weight and finenesse of the Moneys of each other countrie according to their seuerall standards proportionable in their valuation which being truely and iustly made maketh the price of Exchange for euerie place according to the denomination of the Money wherupon all Exchanges are made These Exchanges do much differ in the name and proportion between the gold and siluer obserued in most countries so that we are to examine and compare our weight aforesaid with the weight of other countries and the finesse of the sterling standard with the finesse of the seuerall standards of the coynes of other countries and if we differ not with them in the proportion betweene the gold and siluer The maner to calculate Exchange then may our Exchanges run at one price both for gold and siluer taking the denomination according to the valuation of Monies of each countries and hereby shall we find how much fine siluer or gold our pound sterling containeth what quantitie of other Monies of Germanie Italie France the Low-countries Eastland and elsewhere we are to haue in Exchange to counteruaile the same in the like weight and finenesse answerable vnto ours be it by the Pound Doller Ducat Crowne Imaginarie and reall coyne or any other imaginarie or reall coyne giuing alwaies value for value and receiuing the like which is called Par. But this course of Exchange being of late yeares abused and as it were made a merchandise Par of Exchange doth ouerrule the course of Commodities and Moneys by rising and falling in price according to plentie and scarcitie of Money and in regard of discrepaunce and distance of time and place which made some Merchants by mistaking to compare the course of Commodities and Exchange to be a like as if the measure of a thing and the thing measured thereby were alone For euen as money is Publica Mensura or the publike measures within the Realme betweene man and man Exchange the the publike measure of nations c. so is Exchange for moneys the publike measure betweene vs and forraine countries for all commodities bought and sold which therefore requireth a certaintie in the calculation of the Par aforesaid admitting neuerthelesse an aduantage aboue the same vpon occasions on either side This Exchange is properly made by Bills The manner of the Royall Exchange when money is deliuered simply here in England and Bills receiued for the same to haue the payment thereof in some other countrey beyond the Seas or when the like is done beyond the Seas and the money is receiued here in England and that vpon a certaine price agreed vpon between partie and partie which is termed the price of Exchange whereof Merchants haue the onely and whole disposing and buy and sell
rate according to which calculation the said Royall of eight is by vs receiued at fiue shillings and two pence which is but foure shillings 2 ½ pence or thereabouts The difference is fifteene vpon the hundreth in lesse than two moneths time adde hereunto the ten in the hundreth to be had by the said Royalls of eight that the same are better in weight and finenesse than our six pence sterling which is taken to answere the said Royall by a common calculation by reason whereof there will be giuen so much in his maiesties mint or thereabouts that is to say foure shillings and fiue pence or at the least foure shillings and foure pence ½ after the rate of fiue shillings sterling for an ounce of that standard so together is twentie fiue vpon the hundreth benefit A treatise of Free trade 1622. which caused a Merchant aduenturer to set downe in print an interrogation in this manner Who will procure licence in Spaine to bring Realls into England to sell them here at tenne in the hundreth gaine which is lesse than the Exchange from thence will yeeld when he may haue for the same 25 in the 100 in Holland A matter whereby Merchants are easily induced to diuert the said Royalls from the realme to those and other countries and by the common vnderstanding to remedie the same it is thought there is no meanes to meete with forreine nations in the inhancing of moneys but wee must doe the like albeit experience hath shewed long since that this is not effectuall nor any true remedie Now if we will consider things according to the rule aforesaid it will plainely appeare that the said fifteene vpon the hundred gaine more than in England are but imaginarie if the Exchange for moneys were reformed for let fiue of these Royalls of eight bee bought in England for twentie two shillings and be transported into Holland and there buy commodities with the same which is according as the price of them is inhanced for as the money riseth in price so doth the price of commodities it may fall out the said Merchants should become losers by the commodities so that the same cannot be termed Causa mouens But the Spanish Merchants which cause their Royalls to be sent into Holland or Zealand from Spaine or from the Downes relye wholly vpon the Low-Exchange whereby they are inabled to deliuer there their money by Exchange at an vndervalue at thirtie three shillings foure pence Flemish and vnder for our twentie shillings sterling whereby the Kingdome maketh good vnto them the said fifteen vpon the hundreth consisting betweene the price of fortie two stiuers and fiftie one stiuers which is almost eighteene pro hundreth If the Royall went but for fiftie stiuers according to the valuation so that if the Exchange were made accordingly which would be aboue thirtie seuen shillings six pence this gaine would not be at all and moneys would be imported vnto vs and not exported For the rule is infallable A Maxime in Exchanges That when the Exchange answereth the true value of moneys according to their intrinsicke weight and finenesse and their extrinsicke valuation they are neuer exported because the said gaine is answered by Exchange which is the cause of transportation To make this euident in the Rickx Doller which is the maine and most vsuall coyne in Germanie Eastland the Vnited and Reconciled Low-countreys before their late Proclamations and currant in many other Countreys obserue wee that the said Doller was valued at two markes Lubish A shilling Lubish and a stiuer Flemish was all one 1575. euery marke being sixteene shillings Lubish or sixteene stiuers For in the yeare 1575 the said Rickx Doller was still coyned in the Empire for thirtie two shillings or stiuers and so currant by valuation in the Low-countreys whereby they were all one in denomination and effect But the wars in the Low-countreys hath beene the cause of the inhancing of this Doller which was brought to thirtie fiue stiuers and in the yeare 1586 to fortie fiue stiuers or to fiftie two stiuers now by intermissiue valuations and times Howbeit at Hamborough Stoade and other places in Germanie the said Doller did remaine still at thirtie two shillings Lubish or two markes and as the said Doller did inhance in price so did they in the Low-countreys coyne new stiuers accordingly sometimes lighter in weight A great Fallacie and at other times imbased by Copper or Allay and yet in account the stiuer did and doth remaine the ground of all their moneys but the said Doller holdeth his standard agreeable to the first Doller called the Burgundian Doller with Saint Andrewes Crosse coyned in the yeare 1567 which is in finenesse ten ounces twelue pennie weight of fine Siluer and foure and one halfe of these Dollers were made equiuolent to our twentie shillings sterling as a publike measure betweene vs and the Low-countreys Germanie and other places where this Doller went currant as you may obserue in the precedent Chapters These Dollers haue since beene imitated and made by the States of the Vnited Prouinces in their seuerall Mints altering onely the Armes of the seuerall Prouinces as also by the Arch-Duke Albertus in the reconciled Low Prouinces and the price of them at Hamborough Stoad and other places was but aduanced to one stiuer or shilling Lubish more that is to say at thirtie three shillings Lubish went the same went in the Low-countreys for fortie fiue stiuers which made the diuersitie of the said Par of Exchanges of thirtie three shillings foure pence for the Low-countreys and twentie foure shillings nine pence for Hamborough In the Netherlands being all one in substance This Doller is since that time as I said inhaunced to fiftie two stiuers in the Low-countreys which maketh the price of Exchange aboue thirtie eight shillings or rather thirtie nine shillings and shall the Kingdome suffer this and not alter our price of Exchange accordingly but be contented to take thirtie foure or thirtie fiue shillings and after that rate vndersell all the commodities of the Realme In Germanie This Doller is likewise since that time more inhaunced in Germanie from time to time And leauing the excessiue valuation in remote places let vs note the valuation of Hamborough where it hath beene at fiftie foure stiuers the Doller which maketh the Exchange aboue fortie shillings of their money for our twentie shillings And although we haue raised our price of Exchange from twentie shillings nine pence to thirtie fiue shillings and thereabouts shall we rest here and goe no further Haue we reason to doe it in part and not in the whole according to Iustice Equitie and true Policie and shall we be like a man that by halting in jeast became lame in earnest Absic ignorantia The moneys in Christendome which haue their ebbing and flowing doe shew their operation vpon commodities The course of money and Exchange are contraties in operation maketh by
bread and water for a time at the discretion of the Iudge But if the debtor be so poore and notwithstanding hath such a cruell aduersarie that will make dice of his bones that is say to haue his debtor die in prison and to hang vp a bale of dice for him in the Crowne Office as is done by the Officer in place or the Goaler then hath the Law beyond the seas prouided some reliefe for this poore man for the custome is in Germanie France Italie Spain and the Low Countries that no man is imprisoned for debt aboue a yere and a day in which time the creditors haue power to take seise and sell all the estate of the debtor which being done or before the woman in most places may claime her dower for her reliefe children and the rest is diuided amongst the creditors as far as it will go and so the debtor is freed from those debts for euer for by the Ciuile Law Qui vult cedere bonis liberatus est a debito if the debtor do relinquish his estate to the creditor he is free from the debts and all goods falling to him afterwards are his owne But this man is euer after disabled to come to any preferment and such a creditor as is the cause of it will be hated and accounted worse than a Iew or Pagan For the manner of Cedere bonis or to make cession of goods is verie hainous The manner of Cedere bonis and of wonderfull disgrace so that most men will rather die in miserie than to come vnto it because it happeneth not once in twentie yeares yet is it farre inferiour to the punishment of the pillorie or the striking ouer the legge vsed in Russia at the creditors instance whereby the debtor is set at libertie and the debt paid The partie commeth before the towne-house and standeth vpon a stone in the view of all the people and vnloosing his girdle he desireth them and all the world to take notice that he hath nothing left him to pay his creditors and so renounceth all what may be found to be his or what any manner of waies he might pretend and in token thereof he may not weare his girdle any more nor be imployed in any businesse as a liuing man yet afterwards by some composition to be made with the creditors he may be restored by a declaration to be made by some Officer vpon the said stone and then he is permitted to weare his girdle againe In the said countries no gentleman or man of qualitie may be imprisoned at all for debts his estate onely is liable thereunto and yet with reseruation of such necessarie things as Honestie Honour Humanitie and Christianitie doth challenge namely the souldiours Person his Armes his Apparrell Bed and Chamber conueniently and necessarily furnished which may not be taken for debt and the like reseruation is made to euerie other man of qualitie so that imprisonment of men bodies for debt according to the common practise of England is a greater burden and bondage than is to be found in any other christian or heathen countrie And for asmuch as the mischiefe and incoueniences arising to the King and Common-wealth by the imprisoning of mens bodies for debt haue beene propounded heretofore in Parlement by a printed remonstrance which like vnto a Pamphlet may be lost whereby good matters are many times put in obliuion I haue thought conuenient to make an abstract thereof in the maner as the said reasons are laid downe to be inserted in this booke in hope of some releefe vnto decayed Merchants whose estates may remaine liable to answere their creditors without imprisoning of their bodies against the Law of God the Law of man the Rule of justice the Law of conscience and christian charitie and against the Practise of other countries as aforesaid and finally against the creditors owne profit The Law of God willeth and commaundeth euerie man to follow a vocation to doe the honour Against the law of God duties and seruices owing to his Prince and countrie and Parents and to maintaine his wife children and family and to instruct them in the feare of God so that whatsoeuer directly or indirectly forbiddeth the said christian duties in the performing thereof by an imprisonment is against the law of God whereupon all humane lawes ought to be grounded No law of God willeth or commaundeth imprisonments of mens bodies for debt nor is it warranted by any example in the word of God and the efficient meanes bringing men into prison as vsurie is appeareth plainely to be forbidden by the word of God as hath beene noted out of the old law neither hath the law of the Gospell a word of commaund or warrant for imprisoning a christian brother for debt Exod. 22.26 Deut. 23.19 Leuit. 25 35. Ezech. 18 8. Ieremy 34.14 but rather containeth a commaund to relieue him if he be fallen into decay to take care how and wherein he shall sleepe to set him free at sixe yeares end and then to reward him By the Law of man it was not so Ab initio for by the Common Laws of England Against the law of man which are the most ancient most eminent most binding lawes no man may be taken or imprisoned for debt but the creditor was to take satisfaction vpon the debtors estate of goods lands according to Magna Char. 3. H. 3. and 14. Ed. 3. although after accountants onely were to be imprisoned vntill they paied which was made generall against all debtors by the statute of the 25. Ed. 3. cap. 17. yet prisoners in Execution might and did follow their vocation and affaires by baile mainprise or baston as by the statute of 1. Rich. 2. cap. 12. and from that time forwards were prisoners tied vp shorter to the writ of Habeas corpus or the Kings speciall mandate vpon surmises Habeas corpus that the said debtors made secret estates in trust to defraud their creditors or were wilfull and obstinate to pay them being able To answere these obiections it is vniust to punish all promiscuously aswell frauders as non frauders without and before any proofe made yet if the fraud were proued or his abilitie and sufficiencie either there is no cause to imprison his bodie because the law doth giue the estate fourthwith to the creditor whether the debtor will or no so it is still needlesse to imprison the bodie for twentie yeares imprisonment discounteth neuer a pennie of the debt and yet the debtor hath suffered more miserie and punishment than a guiltie Traytor or Rebell suffereth for the highest offence It is against the rule of Iustice and law of Nature Against the rule of Iustice. that men equally free borne should be depriued of the common and equall libertie and bee giuen into the power of another without criminall cause or guilt The debtor is either punished for guilt or cohersion if for guilt it is against the rule of
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