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

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salt Francis the first made the same perpetuall as the domaines of the crowne and all men are compelled to buy it at the Magazins vpon paine of punishment This impost is letten to farme for two millions of crownes or six hundred thousand pound sterling yearely The right of the sea belongeth to the King and he may lay impositions thirtie leagues from the land into the sea if no other soueraign prince be not within that precinct There are eight courts of Parlement in France and eight chambers of account At Paris erected 1302 by Philip le Bell. At Paris Courts of parlements At Tholouze also and confirmed by Charles the 7. In Britaigne At Grenoble 1453 by Lewis the 11. At Dion Courts of accounts At Bourdeaux 1462 by Lewis the 11. At Monpellier At Aix 1501 by Lewis the 12. In Dolphine At Dion 1476 by Lewis the 11 for Burgondie In Prouence At Roan 1449 by Lewis the 12 for Normandie At Blois At Rheames 1553 by H. the 2 for Britainie At Roan Of the Salique Law of France IT is an vsuall receiued opinion that Pharamond was the author of this law others thinke it was so called of the Gaules that were called Salie amongst whom that law was established for the auncient Gaules termed all their lawes either Ripuarie or Salique and in the time of Charlemaine they were called Saliques Neuerthelesse it is thought to haue beene inuented of latter time as by Philip le Long to frustrate the daughters of Lewis Huttin or else to haue had the first strength from an vsuall custome of all Barbarians which was neuer to suffer the females to inherit the crowne and so being begun in the first and second line of the kings it hath continued in the third and by custome it is rather confirmed than to be proued to be a law at any time ordained hauing beene little account made thereof vntill the controuersies betweene Philip le Long and Endes duke of Burgondie who claimed it for his neece Iane daughter to Lewis Huttin and Philip de Valois with Edward king of England The booke of the Salique lawes is but a collection howbeit there is no example euer heard of that any woman gouerned Of the lawes of the higher and low Germanie concurring with the Ciuile Law and the Courts of Equitie in substance THe courts of Equitie beyond the seas after bill and answere replication and reioynder and sometimes duplication and at last conclusion with the examination of witnesses in serious manner The whole proceedings are deliuered to certaine Doctors or learned men which are as masters of the Chancerie or belonging to certaine Vniuersities to be abreuiated which is called ad rotulandum who doe cut off all superfluous things which vpon the matter are confessed on both sides To abreuiate long processe or are not materiall to the state of the cause to bring the differences betweene the parties to certaine points or heads wherupon the said parties with the aduice of the aduocates or learned counsell do dispute and debate the said differences to bring them as it were ripe and perfected before the Iudge For if the defendant will take couertly any exceptions against the Iudge of that iurisdiction he may haue the whole processe made vp in the name of A.B. and C.D. as it were complainant and defendant without naming either of the parties and the same to be sent vnder the towne seale vnto Doctors or other learned men of Vniuersities elected thereunto in other iurisdictions which do giue their sentence or iudgement thereupon and returne the same back againe vnder seale before the Iudge where the cause was depending who calling both parties before him demandeth of them whether he shal open the proces and whether they will stand to the iudgement therein contained and if the complainant descend thereunto then is the defendant thereby concluded seeing he had his choice and did in a maner appeale from the Iudge whereupon execution is presently had and matters are ended with expedition By the premisses we may obserue how other lawes are variable and subiect to alteration and that the Law-Merchant is constant and permanent in her customes which therefore are not to be infringed but seriously to be maintained by all the foure precedent meanes or some selected course of execution to be deuised concurring with the same For the better furtherance wherof and more exact explanation by contraries I haue for a Corrollarie of this worke added hereunto three Paradoxes alluding to the said three Essentiall parts of Trafficke which will illustrate the most materiall consideration to be had in the course of Trafficke and Trade CHAP. XVIII Three Paradoxes alluding to the three Essentiall parts of Trafficke HAuing heretofore published a Treatise intituled Englands view in the vnmasking of two Paradoxes which had beene presented vnto the French King Henrie the fourth as a matter of great consequence and considerable in the gouernement of common-weales and finding that the true vnderstanding of them with a third Paradox obserued by me did properly allude to the contents of this booke or the three Essentiall parts of Trafficke namely Commodities Money and Exchange for Money I did resolue to handle the substance of them for a Corrollarie of the same Paradox what it is the rather because Paradoxes are things contrarie to the vulgar opinion and will also make all the premisses more manifest and apparant by their conclusion The said two Paradoxes presented by Monsieur Malestroit one of the officers of the Finances or Treasurie in France were as followeth saying 1 That to complaine of the generall dearth of all things in France was without cause Commodities for there was nothing growne deere these three hundreth yeares 2 That there is much to be lost vpon a crowne Money and or any other money of gold and siluer albeit one do giue the same in payment at the price he did receiue the same The third Paradox which I haue added hereunto is 3 That the imaginarie moneys supposed in Exchanges for money Exchange made by Bills of Exchanges do ouerrule the course and propertie of Reall and Substantiall moneys in specie Monsieur Malestroit saith that since the ancient permutation hath beene changed in buying and selling and that the first riches of men which consisted of cattell was transferred to the gold and siluer whereby all things haue receiued their estimation Gold and Siluer are the Iudges of good cheape or dearth it followeth that those mettalls are the right judges of good cheape or dearth of all things Wee cannot say that any thing is deerer than it was three hundred yeares ago vnlesse that for the buying thereof wee must now giue more Gold and Siluer than wee did then But for the buying of all things wee doe not giue now more Gold or Siluer than wee did then therefore saieth he nothing is growne deerer in France since that time To proue this he doth alledge That during the raigne of
Kintalls Centeners Talents Thousands Waighs Skipponds Charges Lispounds Rooues Stones and such like The second fort of Weights is by Pounds Mina Manes Rotulus c. The third diuision of Weights doth consist in the smaller diuisions of 12 14 16 18 20 and 30 ounces to a pound and the subdiuisions thereof The Talent of the Grecians 60 Minas Talentum euerie Mana 100 Dragmes so a Talent is six thousand Dragmes 8 of them to one ounce is 750 ounces Another Talent of Greece is 16 Sestertios being 40 Minas or Pounds of 18 ounces as also of 20 ounces In Aegypt it was 32 Sestertios or 80 Pound The 50 Sestertios of Cleopatra are 125 ll In Thratia 48 Sestertios being 120 Pounds In Africa 24 Sestertios are 60 ll differing also in the pound weight Cantar or Kyntall Cantar or Kyntall or Centener called hundreths of 100 112 120 125 128 and 132 pounds The Hebrews did call Cicar to bee 50 Minas or Maneg Weighs Weighs are commonly 165 ll or 180 ll or 200 1 ● for acharge Skippound Skippounds of 300 320 340 and 400 pounds the Skippound Lyspound Lyspounds of 15 and 16 pounds to the Lyspound Rooues Rooues or Arrobas of 10 20 25 30 and 40 pound to the Rooue Stones Stones of 6 8 10 14 16 20 21 24 and 32 ll and also 40 ll as more particularly appeareth hereafter in their proper places Mixias Mixias are also vsed whereof we find mention made in some books is ten thousand and is commonly vnderstood for 10000 Dragmes of 8 to an ounce and 12 ounces to the pound Markes Besse The pound is also diuided by Markes of 8 ounces and Besse of 12 ounces euerie ounce was amongst the Hebrews 2 Sicles or Stater Sicles St●ter Gerag Siclus is sometimes taken for an ounce also halfe an ounce and quarter of an ounce which is Gerag or Obolus Mina Ptolomaica is 1 ½ Rotulus which is diuided into small parts viz. 18 ounces of 12 to one Rotulus 144 Dragmes of 8 to one ounce 432 Scruples of 3 to a Dragme 846 Obulus 1296 Lupes 2592 Siliquas or Carrats Inna or Maa●g Mina of the Grecians otherwise called Inna or Maneg is a pound 12 ½ Ounces 25 Staters or Ciclos 100 Dragmes or Rosoli 300 Scruples 24 to an Ounce 600 Obolus 900 Lupines 1800 Siliquas 3600 Areola or Chalcos Rotulus in Arabia Siria Asia Minor Aegypt and Venice is 1 ll 12 Ounces or Sachosi 24 Septarios or Cicles 84 Deniers of 7 to an Ounce 96 Dragmes or Darchiny 288 Scruples or Grana 576 Obolus or Orlossat 864 Danig 1728 Carrats or Siliqua 6912 Kestuff The 7 Deniers make an Ounce and there were Dragmes also of 1 ½ Dragme and of 1 ½ Dragme and of one Dragme called Alby In the Low-countries the Pounds are diuided diuersly in 16 Ounces euerie Ounce in 8 Dragmes or fifths and 8 parts And in France they call them 8 Grosses the 128 make one pound In other places they diuide the pound in 12 14 and 15 Ounces Difference of Pound and Ounces whereof the Pounds and Ounces both do differ which is the cause that hereafter euerie countrie hath a declaration thereof At Bridges in Flaunders they vse Pounds of 14 Ounces The Pound weight of Bridges and of 16 Ounces whereof the 100 ll of 16 Ounces make 108 ll of 14 Ounces which Ounces of 14 to the Pound are heauier for 100 Ounces of these are 105 ⅓ Ounces of the 16 to the Pound which Ounces are diuided in halfe Ounces or Loot and euerie Loot in 2 Sizayns and euerie Sizayne in 2 Dragmes or Quintes The smaller proportions and subdiuisions of other places are as followeth Italian Pounds for physicke vsed in other places also 12 Ounces 24 Loot 48 Sizaynes or Siliqua 96 Dragmes 288 Scruples 576 Obolus 1728 Siliqua 5760 Graines The said Weight of physicke is at Lyons in France as the Merchants ll 12 Ounces 96 Dragmes 288 Scruples 5760 Graines The Pound weight of Venice 12 Ounces 72 Sextulas 1728 Siliqua 6912 Graines The Pound at Paris in France 16 Ounces 128 Grosses 384 Scruples 9216 Graines In Italie the Pound is also diuided 12 Ounces 24 Staters 96 Dragmes Vienna in Austria the Pound i● 32 Loott 128 Quintes 512 Pennings 12800 Graines Forasmuch as it falleth out most commonly that vpon triall of an vnknowne Weight we doe beginne from the smallest Weight or Graine and so ascend to the other proportions and to the Pound by comparing the same to our Graines and diuisions of the Pound Differences of Graines which in matter of mint for gold and siluer is of great moment when the pennie weight is diuided into 24 Graines in England and in the Low-countries into 32 Grains Let vs note the great diuersitie abouesaid of 5760 Graines to 12800 vsed at Vienna and other places proportionably to their pound and consider how easily we may be ouertaken therein whereof a more ample declaration is in the mint affaires There is also a great obseruation to be had in the correspondencie of Weights of one countrie to the Weights of another countrie vpon the hundreth subtle that is to say 100 pounds euen Weight And because in England all wares of Volume or Bulck is sold some by the hundreth weight of 112 ll and some is sold by the pound as spices sugars and such like yet are weighed by the said weight of 112 ll and that moreouer there is an ouer-weight allowed called Trett which is 4 vpon the 112 ll and also 2 ll vpon euery skale of 3 hundreth weight called Cloff which is abated betweene the buyer and seller Trett and Cloffe and so there is a losse of weight by this Trett and Cloff and especially because the commodities imported are bought by the weight of forreine nations I haue thought conuenient to describe the said correspondence of Weight according to the 100 ll subtle of Antuerp being generally knowne in all places and for the Weight of London to make some obseruations particularly The correspondencie of Weight of most places of Trafficke Antuerp THe Custome of Antuerp is to weigh by the hundreth pounds euen weight called Subtle for the which commonly there is allowed at the weigh-house 101 ll A Stone weight is 8 ll the Skippound 300 ll the Weigh 165 ll the Carga or Charge 400 ll which are two Bales of 200 ll for an horse to carrie on either side and the Pound is diuided into 16 Ounces The said 100 ll weight of Antuerp weigheth in the places following London At London and all England 104 ll subtle weight and of the Kyntall weight of 112 ll it weigheth 91 ½ ll At Dublin and all Ireland also Dublin 104 ll and 91 ½ by the great hundreth At Edenburgh in Scotland 96 ll and all Scotland ouer Edenborough and 103 ⅓ for 112 ll The said 100 ll make 189
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
5400 Geometricall Miles or 21600 ordinarie Miles But whereas the Miles in all Kingdomes and Countries and almost in euerie Prouince or Shire doe differ I haue thought conuenient to admit one measure of one million of Acres of ground to measure the whole Globe therby according to the Map which is not only intelligible vnto al men but al merchants also may haue vse hereof For by the number of the millions of Acres comparing one Kingdome vnto another or one Countrie vnto another Countrie they may know the bignesse and spaciousnesse thereof which we haue particularly obserued in Europe with a distinction also of the Dominion of Princes in these seuerall Countries knowne by the name France Italy Germany and others which many times falleth into consideration vpon singular occasions This Globe of the world is diuided to be two third parts Water or Seas and one third part Land and of this Land there is one third part not inhabited and the other two third parts are as followeth The whole Circumference by the aforesaid measure is 19 803 575000 which is 29 milliars 803 millions 575 thousand Acres and the milliar is tenne hundreth millions A Milliar is ten hundreth Millions So the ⅔ part water is 19 milliars 869 millions and 50 thousand acres of ground answerable and the other part third is 9 milliars 934 millions 525000 acres Hereof deduct ⅓ part not inhabited which is 3 milliars 311 millions 508 thousand acres So rest 6 milliars 623 millions 17 thousand acres of land inhabited whereof followeth a particular distribution First for Europe or Christendome England containeth 29 millions 568 thousand acres Scotland containeth 14 millions 432 thousand acres Ireland containeth 18 millions So these three Kingdoms with all their dominions of lands and Ilands adiacent vnder the Diademe of King Iames containe 62 millions of acres of ground c. England is by this computation accordingly with the dominion of Wales and all Islands thereunto belonging the thousand part of the whole Globe or the 222 part of the earth inhabited or the 333 part of the whole earth and Scotland may be full the one halfe of this computation that is the 444 part of the earth inhabited or the 666 part of the whole earth and the Monarchie of great Brittaine and the Kingdome of Ireland is the 480 part of the whole Globe vnnecessarie fractions in cypher omitted The bodie of the Sunne is 166 times bigger than the whole Globe of the world and so accordingly for the seas and earth as aforesaid The 17 Prouinces of the Low-countries Containe 10 millions 797 thousand acres whereof The reconciled prouinces with Spaine containe 7 millions 197 thousand acres The vnited prouinces vnder the States containe 3 millions 599 thousand acres The Kingdome of France diuided into 32 prouinces containeth in all 82 millions 879 thousand acres The kingdomes of Spaine being eight in number containe as followeth     m. Castile 25 Millions 730. Andalusia 2 millions 425 Granado 2 millions 128 Nauarre 1 million 458 Leon galisia 9 millions 124 Arragon 13 millions 104 Biscaye 3 millions 412 Portugal 10 millions 154 In all containing 67 millions 535 thousand acres ITALIA Vnder Spaine     m. Naples 11 millions 704 Lombardie 1 million 640 Vnder Venice     m. Treuisana 2 millions 584 Verona 0 millions 480 Frioul 1 million 047 Mantua 0 millions 480 Vnder Rome     m. Liguria 1 million 415 Romagnia 1 million 085 Latium 0 millions 480 Hetruria 0 millions 540 Sauoy 1 million 910 Piedmont 1 million 160 Toscana c. 4 millions 785 Suria and Florence 480 Marca 1 million 412 Ancona Parma 0 millions 885 Sicilia 3 millions 113 Cypres 1 million 601 Candia 2 millions 060 Corsica 1 million 395 Sardegna 4 millions 089 Containing in all 44 millions 257 thousand acres GERMANIA     m. Saxonia 3 millions 484 Misina 3 millions 249 Turnigia 1 million 093 Lusatia 2 millions 572 Bauaria 3 millions 249 Helsatia 3 millions 644 Heluetia 12 millions 328 Basle 0 millions 842 Swebourgh 2 millions 109 Salsbourgh 1 million 063 Trier Ments 4 mill 237 Spiers Strasbourgh and Wormes Iuliers 0 millions 348 Cleaue 0 millions 258 Westphalia 2 millions 300 Osnab 0 millions 358 Silesia 5 millions 706 Bohemia 7 millions 024 Austria 6 millions 121 Morauia 4 millions 114 Pomerania 3 millions 249 Brandenbourgh 6 millions 208 Machalbourgh 2 millions 107 Franconia 6 millions 361 Tiroll 3 millions 249 Carinthia 1 million 588 Stiria 1 million 779 Palantine Rhene 4 millions 361 Wirtenborgh 1 million 223 Embden 0 millions 230 Oldenbourgh 0 millions 449 Liege 0 millions 548 Coloigne 0 millions 215 Containing in all 95 millions 646 thousand acres Prussia 10 millions 240 thousand acres     m. Russia 9 millions 607 Volhimia 5 millions 762 Massouia 1 million 916 Liuonia 34 millions 115 Poland 19 millions 205 Heretofore named Polonia containing in all 80 millions m. 845. DENMARKE     m. Denmarke 10 millions 426 Norway 28 millions 492 Holsten 1 million 065 Ditinars 0 million 337 Containing in all 40 millions 326 thousand acres SVVETHEN Sweathen 57 millions 430 thousand acres Finland 7 millions 531 thousand Gothia 20 millions 936 thousand Containing in all 85 millions 897 thousand acres Part of Russiia or Moscouia and Situam vnder Europe 232 millions 558 thousand acres so that whole Europe or Christendome doth but containe 802 millions 740 thousand acres EVROPE which is not the 12 part of the whole earth Hungarie Dalmatia Transyluania and all Turkie 385 mill m. 367. Moscouiae Pars 128 millions 817 thousand acres Tartaria 299 millions 110 thousand ASIA Persia 385 millions 367 thousand Calicut and East-India 587 millions 200 thousand acres Africa containeth 1541 millions 883 thousand acres AFRICA America containeth 1152 millions 400 thousand acres AMERICA Noua Hispania 1349 millions 133 thousand acres Summa totalis of the inhabited parts of the World six Milliars six hundreth and twentie three Millions and seuen tenne thousand Acres of Land Vt supra THE vse of this description to know the bignesse of one Countrey compared vnto another Countrey is for example England containeth twentie nine Measures and odde Bohemia containing seuen Measures and odde is the fourth part of England or thereabouts The seuenteene Prouinces of the Low Countryes being tenne Measures and odde is the third part of England or thereabouts The Monarchy of Great Brittaine being fortie foure Measures and odd is as big as all Italy and the fiue Ilands of Sicilia Cyprus Candia Corsica and Sardignia and is also more populous And so for all other Countryes insomuch that England onely containing twentie nine of those Measures or Millions 568 thousand Acres of ground if wee deduct the fiue Millions and 568 thousand Acres for wilde waste grounds and High-wayes One penny an Acre is one hundred thousand pounds in England there will remain foure and twentie Millions of Acres which at one penny an Acre amounteth to one hundreth thousand pounds a
found prettie store of Pearles and the climate being colder maketh the colour of them to be dimme albeit I haue seene some very faire and pendants also The small Pearle is also very wholesome in medicinable Potions Of the Commodities of Great Brittaine England THe Commodities of Great Brittaine containing the Kingdomes of England and Scotland and the dominion of Wales are rich and Staple wares and very aboundant with a continuall increase namely Woollen Clothes of all sorts broad and narrow long and short called and knowne by the names of seuerall Shires being 250 thousand Clothes made yearely besides the new Draperies of Perpetuanaes and the like commodities Tinne wrought and vnwrought aboue twelue hundreth thousand pounds yearely Lead transported and vsed aboue eight thousand Fodders euerie yeare Allomes made in aboundance aboue seuen hundreth Tunnes yearely Copperas made according to the quantitie vsed some 250 Tunnes yearely Yron of all sorts setting 800 Furnaces on worke Yron Ordnance or cast Pieces according to occasion made Wools and Woolfels and Calfe skinnes in great quantitie and Conie skins Stockins of all sorts of Silke Wooll and Yarnsey Yearne and Woolls Buffins Mocadoes Grograines Sattins Calamancos Veluets Worsteds Sarges Fustians Durance Tukes and all other Norwich wares and Stuffes Saffron the best that can be found in any countrey Glasse and Glasses of all sorts Venice gold Sea-coale and Salt Scotland Scots-coale Wheat Barley and all kind of graines in both Kingdomes Linnen Cloth and all Ironmongers wares Hides Tallow Leather drest and vndrest Trayne Oyle Salmons Pilchards Herrings Hake Conger Red-Herring Hops Woad Butter Cheese Beere Salt-peter and Gun-powder Honny and Wax Alablaster and many other Stones The Commodities of the Kingdome of Ireland are Ireland VVOolles Felles Yarne Furres Flax Linnen Cloth Hides Tallow Hempe Honny Wax Herring Cods Hake-fish Salmonds Eeles Ruggs Mantles Irish Cloth Pipestaues Yron and Lead Wheat and all kind of graine Salt-beefe Butter and Cheese and many Manufactures The Commodities of the Kingdome of France are WInes Prunes Canuas Linnen cloth Salt Veluets Raw silke France and diuers stuffes of Silke Buckrames Boxes with Combes Paper playing Cards Glasse Graine to dye Rozen Wheat and all kind of Graine corne The Commodities of Spaine and Portugall are WOols Madera Sugar Almonds Wines Oyles Anny-seeds Spaine and Portugall Anchoues Bay-berries Bariglia Figs Raisons Traine-oyle Yron Oranges Leamons Sumacke Saffron Soape Coriander Cork Licoras Woad and the commodities of the West Indies Sugar of Brazill Fernandebucke Wood Tabacco and other commodities The Commodities of Italy and certaine Ilands VEnice Gold Veluets Sattines Cipres Silkes Italy Cloth of Gold and Siluer Cottones Fustians Wines Currans Cloues Rashes Rice Sarcenets Raw Silke Allomes and Vitrioll Glasses and other Manufactures The Commodities of Germany and places adioyning WOolles Argall Steele Latine Copper Yron̄ Germany and all kind of Manufacture made of them Copperas Allomes Lead Fustians Paper Linnen cloth Quick-siluer Bell-mettall Tinne Renish Wines and Mather The Commodities of East-land and thereabouts AShes Bowstaues Cables Canuas Buffe-hides Flaxe Hempe Eastland Honny Wax Stock-fish Spruce Yron Match Wheat Rye Meale Woolles Waynscott Pitch and Tarre and Linnen cloth Cordage and Ropes The Commodities of Denmarke and Norway and Sweaden WHeat Rye Woolles Deales Clap-boord Pipe-staues Denmarke Norway Sweaden Masts Waynscot Copper Timber Fish and Furres Allomes in some places The Commodities of Russia Russia TAllow Hides Caueare aboundance of rich Furres Blacke Fox Martins Sables and the like Honny Wax Cables Ropes and Cordage The Commodities of Barbary Barbary GOat skinnes Almonds Dates Aneale Gumme Feathers Salt-peter Gold plentifully and from Guynea Hides Oliphant teeth and Graine The Commodities of the Low Countries Low Countries TApestrie Battery worke Steele Cambrickes Lawnes Hoppes Mather Butter Cheese Grograines Bozatoes Chamblets Mocadoes Brushes Tape Linnen cloth Pots Bottles Wheat Rye Salt Chimney backes Blades Horses Soape Fish Herrings Cods Ling and many things as Diaper Smalt Hoopes of Yron The Commodities of the West Indies FRom the Low Countrie beginning the West India Trade let vs set downe the commodities of it seeing that the States of the vnited Prouinces haue made lately a Societie of Merchants bearing date the ninth of Iune 1621 wherein other Nations may be aduenrors as by their letters Pattents appeareth prohibiting all other their subiects or inhabitants that they shall not trade from the said countries nor out or from any other kingdome and countrie whatsoeuer Letters Pattents for the West India Trade by the States c. vnto the coasts and countries of Africa from Tropicus Cancri along to the cape of Bona Speranza neither in the countries of America from the South end of Magellanes le Mary and other straits to the straits of Anian on euery side Noua Guinea included vpon forfeiture of the ships and goods and all their possessions within their iurisdiction and command and arrests of their persons vnlesse they be of the said Company made and established for the West India Trade Gold and Siluer Cucheneale Sugars rich Indico Donnigo Ginger Pearles Emeraulds Hydes Campeche or Logwood Salsaparilla Tabacco Canafistula Cocos-wood Lignum vitae Cottonwooll Salt and some other druggs for Physicke or dying of Stuffes And this may suffice for a declaration of the principall commodities of most countries CHAP. VIII Of Commutation or Bartring of Commodities WE haue compared Commodities vnto the bodie of trafficke which did vphold the world by commutation and Bartring of Commodites before money was deuised to be coined whereof we are now to intreate For commutation barter or trucke of Commodities was first effected in specie by deliuering one Commoditie for another according to the commodious and behoofull vse of man so that one did deliuer so many measures of Corne for so many measures of Salt as was agreed vpon another so many pound of Wooll against so many pound of Pepper Sugar or other commodities an other so many peeces of such a commodity for such a commodity or so many Hides for one barre of Yron or so many peeces of Siluer vncoyned but weighed and exchanged as yet is vsed in some places of America Barbarie and Guynea and other countries This may be properly called an exchange of commodities or rather a permutation of commodities albeit the Ciuilians when there is scarcitie of Gold and Siluer in a countrie and when the commodities in value surmount the money paied for them they do call that a permutation and denie the same to be an emption by their distinctions how soeuer this manner of commutation or barter was made by number weight and measure of commodities in kind but moneys being inuented and valued by the publicke authoritie of princes according to their seuerall stampes or coyne and by common consent made Publicae Mensura or the publicke measure to set a price vpon euerie thing This commutation barter or exchange of commodities for commodities was and is since that time made
pounds worth at London in commodities which are accounted in price as if hee had bought them for readie mony and doth giue vnto the Seller of the said commodities one or more Billes of Exchanges for Antuerp Amsterdam or any other place to be payed according to the price of exchange which is made or ought to be made according to the value of the monyes of one Countrie and the value of the monyes of other Countries by weight and finenesse as shall be heereafter declared and that according to the distance and discrepance of the time and place where and when the said monyes shall be payed by the Buyers friend Factor or Seruant and so the said Bill or Billes of Exchanges are payed accordingly for the commodities so bought By mony payable in Banks 4 Another Merchant hauing mony in Bankes or in the Bankers hands at Amsterdam or any other place where Bankes are kept buyeth some commodities in the said places and casting vp what the same doth amount vnto hee goeth to the Banke and assigneth the Seller of the said commodities to receiue so much mony there and the Banke accepting thereof giueth him satisfaction in the payment he maketh vnto others according to the manner of Bankes hereafter declared By a Letter of Credit 5 Another buyeth some commodities there or in any other place beyond the Seas and for that purpose he hath a Letter of Atturny called a Procuration or a Letter of Credit either from his Master or any other here at London or elsewhere who vpon his Credit hath promised thereby to pay the value of the said goods in some place beyond the Seas according to a price of Exchange agreed vpon betweene the parties here and the like is done beyond the Seas to be payed here which is still according to the value of monyes in both parts answerable to weight and finenesse by way of Exchange And the like is done betweene London and Exeter Plimmouth Yarmouth and many other places vpon the very same and vniforme Coyne by Letters Missiue betweene Merchants here and there For Billes Obligatorie 6 The most vsuall buying and selling of commodities beyond the Seas in the course of Trafficke is for Bills of Debt or Obligations called Billes Obligatorie which one Merchant giueth vnto another for commodities bought or sold which is altogether vsed by the Merchants Aduenturors at Amsterdam Middleborough Hamborough and other places For when they haue sold their Clothes vnto other Merchants or others payable at 4 6 8 or more months they presently transferre and set ouer these Billes so receiued for the payment of their Clothes vnto other Merchants and take for them other commodities at such prices as they can agree with the Seller of them be it Veluets Silkes Satins Fustians or any other wares or commodities to make returne of the prouenue of theirs and so selling those forraine commodities here in England they presently buy more Clothes and continue a Reuolution of buying and selling in the course of Trafficke and Commerce being so in effect as may be illustrated by example Suppose A.B. the Clothier selleth to C.D. the Merchant one pack of Clothes Example of of the Reuolution in Trafficke for the summe of one hundreth pounds paiable at six moneths and doth condition with him to make him a Bill in the name of such a man as hee shall nominate vnto him A.B. the Clothier buyeth of D.E. the Gentleman so much Wooll as amounteth to one hundreth pounds and doth intend to deliuer him the Bill of C. D. the Merchant in full payment of his Woolls and to cause the same to be made in his this Gentlemans name But D.E. the said Gentleman caused him to make the Bill payable to E.G. the Mercer and the Mercer is contented with the like condition to accept thereof but he caused the same to be made payable to C. D. the Merchant of whom hee buyeth his Veluets and Silkes and so in payment of them hee deliuered him by an Intermissiue time his owne Bill which hee first should haue made to the Clothier And herein you are to note that in the buying by Bills it may bee made payable to the Clothier or to the Bearer thereof and so all the parties are bearers thereof vnto whom the same is set ouer by Tradition of it onely which by a Retrograde examination will appeare and this is called a Rescounter in payment Rescounter by Bills of Debt vsed amongst Merchants beyond the Seas and seemeth strange vnto all men that are ignorant of this Custome and yet doe they perceiue a reason for it and cannot deny the commodiousnesse thereof The Common Law of England is directly against this course for they say there can bee no alienation from one man to another of debts because they are held Choses en Action and such whereof no propertie can passe by assignement or alienation and many good Lawyers doe wish as well as Merchants that there were an Act of Parliament made for the establishing of the like course in England By reason whereof let vs in the next Chapters handle this matter more distinctly and declare the benefits which the Realme will receiue thereby and all Merchants and others negotiating for great summes There are other manner of buying and selling of commodities by Contracts and vpon Conditions and Casualties which are to bee declared in their proper places whereunto relation may bee had hereafter CHAP. XII Of the Transferring or setting ouer of Billes Obligatorie betweene Merchants and others WE haue in some measure in the precedent Chapter declared the Vse and Custome of Merchants beyond the Seas in the Transferring and setting ouer of Bills Obligatorie or Billes of Debt which they giue each to others for the payment of Commodities bought and sold by way of traffick and trade it resteth now to speake thereof more amply For the sinceritie of plaine dealing hath hitherto beene inuiolable The manner of Billes beyond the Seas in the making of the said Billes which euerie man of credit and reputation giueth of his owne hand writing or made by his seruant and by him subscribed without any seale or witnesse thereunto and is made payable to such a Merchant or person or to the Bearer of the Bill at such time or times of payment as is agreed and concluded betweene the parties either for money or commodities lent or bought and so declared in the said Bill according to the forme hereafter expressed This Custome is much practised by the Merchants Aduenturers beyond the Seas at Middleborough Amsterdam Antuerp Hamborough and other places where they do trade in manner following as we haue noted A Merchant hauing many of these Billes which he hath receiued for his Clothes sold vnto Drapers or other Merchants dwelling in seuerall townes and places will resort vnto a Shop-keeper or another Merchant commonly accompanied with a Mediator or Broker to buy a good round quantitie of Silke wares The setting ouer of
Billes of Debt or any other commoditie which is ordinarily sold payable at some dayes of payment either 4 6 or more monethes and hauing agreed vpon the price of the said commoditie or before hee maketh the seller acquainted what payment or satisfaction hee will giue him in Billes of such and such persons amounting to such a summe either little more or lesse than the commoditie doth amount vnto or to take in commoditie so much as the said Billes doe containe or doe amount vnto and if there bee any remainder due for the commoditie more than the Billes doe amount the same to bee payed in readie money or vpon his owne Bill payable at such a time as they agree betweene them which often commeth to be a great summe Heereupon all such Bills as are of knowne persons are soone accepted of and of the vnknowne persons either himselfe that is the Seller or the Broker will inquire of their sufficiencie and then likewise accept of their Bills in paiment and hauing taken their Bills which are made payable to the Bearer as we haue said the receiuer of these Bills goeth vnto the parties and demandeth of them whether they are contented to pay him those Bills at the time specified therein according to the manner of merchants for commodities which if it be within one moneth after it is accounted to be verie good payment The Debtor maketh answere that he will pay his Bill to the bearer thereof accordingly for if this man will not ride out as they say the time of the payment of the Bills he may go to another man and buy other commodities therewith as if it were with readie money the time onely considered nay more if he will haue readie money for these Bills Selling of Bill Obligatorie he may sell them to other merchants that are moneyed men and abating for the interest for the time and commonly one moneth ouer according to the rate as they can agree and as money is plentifull they shall haue money at all times to imploy in commodities or to deliuer by exchange or to pay debts withall or to carrie home in specie or for any other purpose at their pleasure which is commodious for young merchants hauing small stockes as also for all men vpon all occasions for it is properly as money paied by assignation whereby verie great matters are compassed in the trade of merchandize the commodities are sooner vented in all places General benefits by setting ouer of Bils of Debt the Custome and Impositions of Princes do increase the poore and mechanicall people are set on worke men are better assured in their payments the counterfeiting of Bills and differences are preuented the more commodities there are sold the lesse readie money is transported and life is infused into trafficke and trade for the generall good And herein we see and may obserue That things which be indeed and things which are not indeed but taken to be indeed may produce all one effect and euerie man is enabled with his owne meanes and credit to augment commerce This laudable custome as I said is not practised in England yet sometimes a Merchant Stranger will accept of Bills of Debt in payment for commodities sold with aduantage But then the Bill is made new againe and in the Merchant Strangers name and this is not without some daunger to him that buyeth the commoditie or merchandise for another mans Bill as Factors may doe for their Masters for I haue obserued by good experience A Law Case about the setting ouer of Bills that a Factor in London hauing sold for his Master a Merchant of Antuerpe some commodities to an English Merchant to the value of seuen hundred pounds and taken the Merchants Bills payable at six moneths and six moneths for it his Master of Antuerpe did appoint him to buy Bayes ●or these Bills of another Merchant which he did performe and had the value of 700 ll deliuered vnto him in Bayes accordingly and the Bills were to be altered in the other Merchants name for his Bayes Shortly after it fell out that the English Merchant became insoluent But before it was publickely knowne the Factor brought the Bills altered according to the agreement in the Baye Merchants name who did refuse to accept of them and said the Factor should pay him The Bills were tendered with a Scriuener according to their agreement but still were refused The time of payment being expired the Bay Merchant did arrest the said Factor the matter was tried before the Lord chiefe Iustice of the Kings Bench by a Nisi prius in London by a partie Iurie of English men and Strangers The verdict was found for the Bay Merchant and the Factor did paie the money and had no remedie against his Master The reason was deliuered by the Iudge That the Common Law in this case requireth a Release or Acquittance for the payment of the Bayes to be made to the Factor otherwise he was still bound by the Law to answere for the said Bayes To establish this Custome in England This custome might with great facilitie neuerthelesse be established in England and would be verie beneficiall to the King and the Common-wealth ingenerall for albeit that the strict Rules of the Law demaundeth a sealing and deliuerie of Deedes and that the Bill cannon conueniently be made payable to the bearer of it or be altered in another mans name as abouesaid neither can it be recouered by a Letter of Attorney which in England is alwaies reuocable before the fact Neuerthelesse if there were a Register kept of the passing and transferring of these Bills from man to man and by an indorsement thereof also vpon the Bill it might be done with ease and the bearer of it should be acknowledged thereby to be the lawfull Attorney in Law and by these meanes the vndecent Plea of Non est factum would be cut off And to preuent fraudulent dealing if any Bills should be lost notice might be giuen instantly to the Register which at Lixborne and Roan is called a Prothonotarie by meanes whereof many questionable parcells or payments are made apparant Office of Prothonotarie at Lixborne and Roan and the Bills for the most part doe remaine in the office at the disposition of the last Assigne or Assignes which is the cause also that most vsually Bills are made for all things bought and sold betweene parties and parties whereby many payments are made by Rescounter Rescounter by Bi●ls for payment as if it were in banke hereafter to be declared for Merchants do meet and in a manner iumpe together in their said payments And hereby also may the difficultie for the taking of an Acquittance as aforesaid be remoued by entring an acknowledgement of satisfaction before the said Register at the time of the transferring or registring thereof I haue taken paines to haue this to be established here but hetherto things are not rightly vnderstood as is to be wished
buying and selling of commodities either for readie money or payable at some daies of payment wherein the mediation of a Broker is most necessarie For as it would be troublesome to vse Scriueners in euerie bargaine so is it commodious to vse the meanes of Brokers the commodities are not onely bought and sold with more credit and reputation but all controuersies which doe arise by misaduenture or otherwise are sooner determined and a sworne Broker is taken as a double witnesse if he doe produce his booke with a Memorandum of the bargaine as the same was agreed betweene both parties whereby many variences are reconciled and differences like to fall out are preuented The most beneficiall contract I had almost forgotten the most memorable contracts that euer were whereby the Philosophers Elixar or stone is found turning Leade Paper and Inke into Gold and Siluer which is the contract of Popes for their Crusadoes or Bulls whereof there are certaine contractors who for a certaine summe of money yearely to be paied doe receiue authoritie to disperse the said Pardons or Bulls into the West-Indies Perou Noua Espagnia and all those quarters of the world and euerie resonable soule must haue one of them yearely and that this is the most beneficiall contract I proue thus In the yeare 1591 Pope Sixtus Quintus caused two ships to be laden out of Spaine for the West-Indies as aforesaid with some 100 Buts of Sackes 1400 little Chests containing each of them three ordinarie small Barrells of Quicke-siluer weighing 50 ll the peece to refine the Siluer withall in the said Indies and moreouer with a great number of Packes of the Printed Bulls and Pardons graunted at that time to make prouision against the Heretickes Forasmuch that the great Armada of the yeare 1588 had so much exhausted the treasure of Spaine These two ships were met withall at sea by Captaine White who was laden and bound for Barbarie and brought into England by him where the commodities were sold but the Popes merchandise being out of request remained a long time in Ware-houses at the disposing of Q●eene Elizabeth vntill at last at the earnest request of her Physitian called Docter Lopes she gaue all the said great quantitie of Bulls vnto him amounting to many thousands in number This courtly Merchant falling in communication with an Italian knight who had been a Merchant did conclude with the said knight to make a partable voyage betweene them and to send those Bulls into the West-Indies and accordingly a ship was fraighted and laden with the said Bulls and some other commodities and did perform the said voyage to the Indies but no sooner arriued the Popes Contractor for that commoditie did seise vpon all the said Bulls and caused an information to be giuen against them that they were infected hauing beene taken by Heretickes it was alleaged that they were miraculously saued but lost they were and confiscated and so couetousnesse was well rewarded But returning to prooue this beneficiall Contract The Pope his Merchandize I was at the time of the taking of the said Bulls willed by authoritie to make and estimate what the lading of these two ships might cost and what they might haue beene worth in the West Indies according to the rate of euery Bull taxed at two Royalls of plate and some foure and some eight Royalls according to their limitation euery one being but one sheet of paper and by computation the lading did not cost fiftie thousand pounds and would haue yeelded aboue six hundreth thousand pounds for these contracts are feruent and full of deuotion containing also a commandement that their beds should bee sold rather than any one should bee without a Bull for the safetie of the soule was to bee preferred before the health and ease of the bodie Now before we intreat of extrauagant Contracts in the buying and selling of commodities in some places it will not be impertinent to note the obseruations and opinions of Ciuilians concerning Merchants Contracts which they haue distinguished to be Solemne Publike or Priuate as in the Marginall notes is before declared to the end all controuersies may bee auoided in the said Merchants Contracts The Ciuilians writing De Contractibus Mercatorum Merchants Contracts are to be plaine or of Merchants Contracts make many distinctions but the conditions agreed vpon betweene them are chiefly considerable and to bee well declared to auoid ambiguitie and constructions and reciprocall things to bee performed on both sides which bindeth them better so that if a Contract be broken whereby the one partie is damnified for the want of his money or goods not deliuered whereby he can make no benefit and is hindered in his trade by Lucrum Cessans or not getting the other partie may iustly demand recompence for the same especially if hee bee a merchant otherwise some Ciuilians make the same questionable as Fisher-men Fowlers and Hunters which say they cannot demand any losse for want of their owne because by their professions they are vncertaine whether they shall catch or take any thing by their Art Neuerthelesse the Merchants Court hath an especiall care to performe well with Fisher-men Fisher-men are to be respected vpon Contracts and that with all expedition of iustice they may bee dispatched to follow their trade without any intermission of time This damage sustained by Merchants or others The first damage vpon Contr●cts to be regarded for the non performance of Contracts cannot bee demanded by a continuance of time running Ad infinitum during the matter in question but must bee demanded according to the first damage receiued as the partie can duely proue the same either by witnesses or vpon his oath as the cause may require Therefore when Merchants are contending in any Courts of Equitie or Law where they are delayed for many yeares in continuall suit at their great charges Then it tendeth to the interrupof trade and commerce in generall and the ouerthrow of the parties in particular whereof the Law of Merchants hath a singular care to prouide for and therefore doth many times though not without danger admit the proofe to bee made vpon the parties oath if witnesses be absent Penalti●● vpon contracts The penalties or forfeitures vpon any Contract limited and expressed be it Nomine Poene or otherwise are therefore much to bee considered of in equitie to make them stand and to bee effectuall for the mainetenance of Faith and Credit betweene Merchants and they are consequently much approoued by all Ciuilians and by their Law allowed In all Contracts made for a copartnership in prouiding of a ioynt Stocke is to bee obserued that the one or some of them doe not defraud the other Also it is approued that they may sell their aduenture to others and the buyer is to take the account according to the Contract Obseruations in partable contracts for the account giuen to other partners in Societies doth alwaies bind the buyer
or amount vnto albeit that in this as I haue touched before custome is preferred aboue law Custome to be aboue law in this particular for the ciuile law if there be many Assurors in a ship vpon the goods laden therein maketh all the Assurors liable pro rata as they haue assured according to the said part of goods laden if a losse do happen or if there be cause to restore the Premio or sallarie of assurance in part But the custome of Assurances doth impose the losse vpon those Assurors which did first vnderwrite and the later vnderwriters of the Assurors do not beare any part of the losse but must make restitution of the Premio and reserue onely one halfe vpon the hundreth pounds or 10 ss for their vnderwriting in the policie of Assurance as is obserued The Ciuillians therefore haue noted That in Assurances the customes of the sea-lawes and vse amongst Merchants is chiefely to be regarded and obserued In like manner if a ship bound for a certaine port being at sea be driuen backe to the same from whence it departed and by tempest be cast away the Assurors are to aunswere the damage of the goods laden therein for so much as they did assure as they do in other casualties Assurors therefore are rightly exempted by the Diuines and Canonists to be no manner of waies vsurors taking a benefit by contract c. The matter of losse being well examined and made plaine the Commissioners then with a mature deliberation do set downe their determination and sentence That the Assurors shall pay euerie one the mony by him assured and if thereupon any one do denie to make payment accordingly then vpon certificate to the Lord Maior of London and some of the said Commissioners made of his refusall they haue by act of Parliament as aforesaid authoritie to commit the said Assuror to prison there to remaine vntill he doe pay or satisfie the said sentence or finall decree which no man of any credit will incurre And thus is this laudable custome established in England and beyond the seas they are compelled by the Magistrates to performe the like ordinances or sentences pronounced in the like cases of Assurances * ⁎ * CHAP. XXIX Of Shipwrecke and things found vpon the Seas THE Merchant or the assured together with the assurors have great cause of encouragement to looke after the goods of a Shipwrecke for there is no forfeiture of the said goods but with all humanitie euerie man is bound to aid them thereunto and whosoeuer steales any such goods hee shall pay fourefold to the owner thereof if hee bee pursued within a yeare and a day and as much to the Prince or Admirall wherein the Sea-law is so strict that the stealing of a nayle or the value thereof maketh the party guiltie to the rest of the goods so that by the ordinance of the Emperor Antonius The theese or robber of such goods should bee beaten and banished for three yeares or if hee were of base condition scourged to the Gallies For he that will not helpe such distressed men shall bee counted as a murtherer and therefore may no man hinder Ships to tye their ropes or lay their anchors on land And therefore did Hadrian the Emperour ordaine That all men hauing possessions on the coasts should attend carefully vpon such chances otherwise they to be answerable for all things missing by stealth or robberie If no man in due time claime such a wrecke then it belongeth to the Prince or Admirall and any action for Shipwrecke must therefore be commenced within a yeare and a day Wherein also is to be noted That if the Ship onely perish and the goods bee saued then the goods shall pay the tenth or the fifth as the difficultie of the sauing thereof shall require For Gold Siluer Silke and the like things of easie transportation should pay lesse than goods of greater weight and burthensome for carriage as being in greater danger except the Master carry in his Ship to a place where hee should not and then is the Merchant free of the Masters losse Now of things found vpon the Seas or within the flood-mark these are of three sorts either found on the streame floating and then are called Floatson or found on the Sea bottome Floatson Lagon and drawne vp from it and then called Lagon or found on land but within the Sea-flood or cast forth there by storme and the water and then are called Ietson Ietson Concerning Floatson and Ietson whether things be cast vp by Shipwrecke or else left or lost through casting in stormes the finders thereof as some Lawyers are of opinion should doe therewith as with other goods found vpon land that is to proclaime the same to be forthcomming to the true owner because the loser remaineth still proprietarie of them and if no man claime the same the finder to keepe the same to himselfe But by the Rhodian Law the finder hath one fifth part for the sauing And in France by the Admiraltie of Rochell they allow Pour le Droict de sauuage one third part which my selfe haue allowed of eightie pipes of Oyle and twentie two Butts of Sackes which became Floatson out of a Ship of Diepe called the Desire which did perish neere the Island of Saint Martin de Rea not farre from Oleron in the yeare 1589 the French King Henry the fourth late deceased being then but King of Nauarre So hath a Diuer for drowned goods Allow●ee to Diuers in the Seas one third part vpon eight Cubits deepe and vpon fifteene Cubits hee hath halfe and vpon one Cubit but a tenth which of late yeares was accordingly allowed in some part of Ireland for drawing vp some Ordnance of the Ships which of the Spanish Armada did perish vpon the coast Anno 1588. But by the Custome now vsed euerie man of some qualitie will claime all as his owne if it commeth vpon his land contrarie to the Law of Oleron which giues it to the finder If Ships or Boats are found on the Sea or vpon the coast without any liuing creature therein and no man claiming the same within a yeare and a day then the halfe is allowed to the finder and the other halfe to the Prince But of late yeares all is left to the arbitrement of the Admiralls to consider the finder or taker with some portion for his trauells charges and danger And if the finder conceale such goods whether Anchor Timber Iewels dead men with money or Iewels about them hee not onely loseth his part but also shall bee fined at the will and pleasure of the Admirall If Whales or Regall Fishes Ships or Boats without liuing thing in them be driuen by force of winde and waues onely to any coast or land then all and wholly doth appertaine to the Admirall But in the yeare 1617 a great Whale being found on the coast in Suffolke where Sir Robert Lloyd Knight was Admirall for the late Queene
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 ' i●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 i●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 subdu●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. Malmesbu●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
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 E●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 Holl●ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guicc●ar●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 appert●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
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 year●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 ●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
and many dangers preuented And so euerie Ship in euerie such voyage may gaine quickely one hundred pounds that vsually carrie in her but twentie men more than now they doe by leauing of foure men there of twentie And as the proportion before named holds for leauing sixe men in New-found-land of thirtie so the allowing of men to be made proportionably fro euerie Ship An easie way for plantation will soone raise many people to be settled in euerie harbour where our Nation vseth to fish and in other harbours in other Countries in like manner some Ships by this course may then quickely gaine two hundred pound and some 300 ll and more according to their greatnesse more than they doe yearely now and those men so left will manure land for Corne saw boords and fit timber to bee transported from thence and search out for diuers commodities in the countrie which as yet lie vndiscouered and by such meanes the land will bee in little time fitly peopled with diuers poore handycrafts men that may bee so commodiously carried thither with their wiues and that no man else should appropriate to himselfe any such certaine place and commoditie for his fishing voyage except hee will in such manner settle a fifth part of his companie there to liue And then such aduenturers thither will carefully prouide yearely for such as they leaue there not onely for bread and victualls but likewise for all necessarie tooles fit for any kind of husbandrie And the charge thereof will yearely repay it selfe with the benefit of their labours that shall bee so left there with great aduantage By this meanes will shipping increase men be imployed and two voyages may be made yearely and much victuall saued for the allowance of victuall to maintaine sixe men to carrie them and recarrie them outwards and homewards is sixe Hogsheads of Beere and sixe hundred weight of Bread besides Beefe and other prouision which men as they sayle too and fro as now they vse doe little good or any seruice at all but pester the Ship in which they are with their Bread Beere Water Wood Victuall Fish Chests and diuers other trumperies that euery such sixe men doe cumber the Ship withall yearely from thence which men are to be accounted vnnecessary persons returning yearely from thence But being left in the countrey in manner aforesaid the places of these Ships which by them should haue been preoccupied may be filled vp yearely with good fish and many beneficiall commodities and the men so left in the countrey will not only be free from the perils of the Seas by not returning yearely but will liue there very pleasantly and if they be industrious people gaine twice as much in the absence of the Ships more than twelue men shall be able to benefit their masters that are kept vpon Farmes The fertilitie of New-found-land and that yearely for the fertilitie of the soile is admirable replenished with seuerall wholesome fruits hearbs flowers and corne yeelding great increase the store of Deere of Land-fowle and Water-fowle is rare and of great consequence as also many sorts of timber there growing with great hope of Mines and making of Yron and Pitch Furres may be procured not onely by taking the beasts but by setling in processe of time a traffick with the Sauages for their Furres of Beuer Martins Seale Otters many other things Finally the rocks and mountaines are good for seeds rootes and vines and the Climate is temperate seeing the greatest part thereof lieth aboue three degrees neerer to the South than any part of England doth which hath also mooued mee to write the said commendations of New-found-land by the affirmation made vnto me by the said Captain to the end all Merchants might further this intended Plantation whereby the fishing trade may bee much aduanced and the fish it selfe become more vendible which shall bee prepared by the inhabitants of the persons to be left there For it is well approoued by all those that yearely fish for Herrings Salt boyled to pre●erue fish Cod and Ling that Salt orderly boyled doth much better preserue fish and keepeth more delightfuller in taste and better for mans bodie than that fish which is preserued with any other kind of Salt as in now done for want of conuenient houses to boile prepare the same yet may be done by the said Plantation But this being a matter depending thereupon I am now to intreate of the fishing trade more in particular in the next Chapter ending thus concerning Plantations whereby Princes dominions are enlarged for their honor and benefit also CHAP. XLVII Of the Fishing Trade SOme men may wonder and not without iust cause That this most important argument of Fishing hath not beene handled hitherto But in truth my meaning was not to haue touched the same because of the neglect of it in the Kingdomes of Great Brittaine and Ireland where the same is abandoned vnto other Nations howbeit vpon better consideration calling many things to mind I found that it would haue beene a great error to passe ouer the same with silence and to omit the Customes of Merchants therein as the fundamentall cause of the trafficke and trade of diuers Nations whose great wealth hath proceeded from the same For it hath pleased almightie God to extend his blessings herein more than in all other things created For when God said to the earth Let it bring forth Trees and Plants Gen. 1.2 c. 22 ● and for Fowles created out of the Sea Let the Fowle flie in the open firmament and of Cattle Let the earth bring foorth the liuing thing according to his kind He saith of Fishes in a peculiar phrase Let the waters bring foorth in aboundance euery thing that hath life and willed them to increase and multiply and to fill the waters which was the cause that the Prophet Dauid being rauished with admiration saith O Lord how manifold are thy workes Psal. 104. in wisedome hast thou made them all and the earth is full of thy riches so is the great and wide sea also wherein are things creeping innumerable both small and great beasts The earth is full but in the sea are innumerable Of the beasts of the earth the learned haue obserued Scaliger Bodin Ca●dan and others That there be scarse 120 seuerall kinds and not much more of the fowl●s of the ayre but no man can reckon the seuerall kindes of the creatures of the seas or can number any one kind This ought to stirre vs vp to establish the fishing trade especially for Herrings Cod and Ling which tooke his originall from vs for it is not much aboue one hundreth yeares since that one Violet Stephens Originall of the fishing Trade and other discontented Fishmongers departed the Realme of England and went into Holland to the Towne of Enchusen where they procured the inhabitants to fish for them in the seas streames and dominions of Great Brittaine which inhabitants
vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull ●easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
are but one and so is Coniunction and Putrifaction likewise Cibation and Fermentation then followeth Congelation and at last Multiplication and Proiection which are also but one For mine owne part seeing that no man can be perfect in any one Science I hold it not amisse for a man to haue knowledge in most or in all things For by this studie of Alcumie men may attaine to many good experiments of distillations Chimicall Fire-workes and oth●r excellent obseruations in Nature which being farre from Merchants profession I hope shall not giue offence to the Reader of this Booke seeing it is but in one Chapter accidentally handled Neither will I craue pardon of the Muses as it were insinuating to the world to haue a far greater knowledge in these trialls or conclusions but to satisfie the curiositie of some that it may be with a gaping mouth expect to vnderstand somewhat of the Stuffe put into these glasses I may say as I was informed That in some was the calcined ore of Sil●er and Gold in some other Mercurie calcined and Sulphur in some other Arsenike for the Ayre Sulphur for the Fire Mercury for Water and Seacoale for the Earth were put altogether as the four Elements In some other glasse was Vitrioll and Orpiment and what more I doe not now remember concluding That where Nature giueth abilitie Art giueth facilitie I haue read all the Bookes of Paracelsus that I could find hitherto and in his Booke De Transmutatione Rerum I doe find to this purpose the obseruations following concurring with my friends opinion concerning Ripleys 12 Diuisions comprized into sixe and the seuenth is the matter it selfe and the labour or working resteth wherewith I doe end this Chapter and proceed to the surer ground of the Mines of Mettalls Omne quod in Fri●ore soluitur continet Aerum Spiritum salis quem in sublimatione vel distillatione acquirit assumit Omne quod in Frigore vel Aere soluitur iterum calore Ignis coagulatur in Puluerem vel Lapidem Solutio verò Caloris soluit omnia pingua omnia Sulphurea Et quicquid calor ignis soluit hoc coagulat Frigus in mass●m quicquid calor coagulat hoc soluit rursus Aeer Frigor Gradus ad Transmutationem sunt septem Calcinatio Sublimatio Solutio Putrifactio Distillatio Coagulatio Tintura Subgradus Calcinationis compraehenduntur Reuerberatio Cementatio Sub Sublimatione Exaltio Eleuatio Fixatio Sub Solutione Dissolutio Resolutio Sub Putrifactione Digestio Circulatio qui transmutat colores separat purum ab impuro purum superius impurum inferius Sub Distillatione Ascensio Lauatio Fixatio Coagulatio est duplex vna Aeris altera Ignis Tintura tingit totum corpus est fermentum massae farinaceoe panis Secundum est Quod calidius liquescunt eo celerius tintura transcurrit sicut fermentum penetrat totam massam acetositate inficit c. Sequitur Mortificatio Fixatio sulphuris in Libro de Resuscitatione Rerum Reductio metallorum in mercurium vivum CHAP. II. Of Mines Royall THe Mines called Royall are only of Gold Siluer and Copper of which three mettalls Princes made choice to make their moneys of simple or mixed as shall be hereafter declared But for as much as Siluer is found in the lead Mines and that the siluer Mines haue their Ores mixt with hard lead also it happeneth many times that there are great questions about these Mines when Princes will claime their interest in some lead Mines because they are rich in siluer as of late yeares betweene Queene Elizabeth and the Earle of Northumberland as you may read in Master Plowdens Commentarie of Booke Cases where it was adiudged That if a Mine be found richer in siluer of more value within the Ore than of lead all charges of the working of both mettalls being fully paied the Prince may claime the same to be a Mine Royal wherein must be had great aduisement some Ore in one place being richer than other Ore in another place of the same Mine whereof we may handle in his proper place of other Mines Beginning therefore with Gold the most precious mettall Gold Mines let vs obserue That the same is found in hills riuers and in the earth but not mixt in Ore as Siluer Copper and other mettals That which is found in the riuers is the finest as containing lesse corruption and is all of one goodnes otherwise There is Mayden-gold so called because it was neuer in the fire Naturally all Gold hath a little Siluer in it as also some Copper and comming out of the ground it is soft and doth harden by the ayre Such Gold as hath no need to be refined but may be vsed according to his finesse in workes or to make money is called Aurum obrison such was the Gold which sir Beuis Bulmer knight brought out of Scotland found in the sands of the riuers neere vnto the Gold Mines of Crayford-moore Crayford Moore in Scotland which was aboue twentie and two Carrats fine and better than the French crowne Gold I saw some eighteene ounces of it which was in big graines some like pease found out by the Sheepheards by whose meanes that place hath beene discouered in the latter time of queen Elizabeth Some other Gold hath beene found out also in Scotland within a white sparre wherin it groweth neere the superficies of the earth runneth into smal veyns like pins fit to be refined by quicksiluer from the sparre because it is as pure Gold as any found in Africa or Barbarie which we call Angell Gold holding but halfe a graine of Allay I haue seene the like sparre of Gold which was found in England in countie of Lincolne at Brickell hill neere Spilsbie by Lincolne Brickell Hill in England But neither this place or any other are lookt into for the reasons hereafter declared being right worthie to be regarded with a curious eye and an industrious vnderstanding and consequently many other whereof this Monarchie of Great Brittaine is rarely blessed and especially in Scotland where much barren ground is for God in his diuine wisdome doth counteruaile the said barrennesse of the soile with the riches contained within the bowels of the earth as in fertile ground with the Corne and fruits growing vpon the superficies thereof An obseruation to find out any Mines which may serue vs for an obseruation especially where we find riuers of water running about the hillie places in dales which the Spaniards did so much regard in the West-Indies seeking after Mines that in all places where they found not the same they presently gaue ouer the search after them Gold doth come out of many countries as out of the mountaines in Bohemia riuers of Pannonia in Hungarie out of the kingdome of Sweaden but it is all exhausted There was wont to come out of Spaine of the riuers and mountaines aboue twentie thousand pound weight yearely
made an offer to buy the 80 tunnes remaining in the Tower to a great personage to giue it for 24 pound the tun to be transported to my friend into Holland paying readie money time was taken to giue me an answere and then difficultie was made for that treasure was not to be exported vnlesse by returning the quantitie of siluer by weight heereupon conclusion was made to bring in so much Bullion of siluer or royalls of plate But when all came to all with running vp and downe and further offering to deale for greater quantities and to take it in Scotland I was put off with this consideration That it was a dishonour to England not to haue men of as good experience as any were beyond the seas whereby the Kings losse was 2000 ll for his Highnesse gaue the same afterwards vnto Iames Achinson his Grauer of the Mint heeretofore who brought the same to nothing being vnskilfull of the refining of it And thus are good matters marred in the handling Good matters marr'd in the handling and workes brought at a stay or hindered as I haue before set downe There are many rich Mines in Scotland if wee compare them to the West-India Mines and in Wales Plus Pencer que dire where the Lead Mines are poore they containe the more siluer of 1 ½ two and three ounces in the hundreth of the Ore which will not yeeld aboue 40 or 44 ll weight of Lead and the Ore of the Mine which holdeth three ounces containeth but 25 pound of Lead The Mines most knowne are those in Cardiganshire in Wales where master Hugh Middleton of London Gold-smith hath bestowed very great charges as he did in bringing the water-workes to the Citie of London so he bringeth now siluer to the Tower to bee minted the Ore being foure ounces in the hundreth or 80 ounces in the tun and the lesse in Lead for the richer the Ore is in Lead the poorer it is in siluer So one hundreth of the best Ore of Lead will make neere 70 ll of Lead and holdeth but 1 ● ounce of siluer not worth the charges of refining as we shall declare The Lead Mines in Ireland doe containe more siluer than these Mines of Darbieshire and Somersetshire called Peake and Mendisse Lead The Saxons which were procured to come into England had no more no not so much experience as our refiners of London for by sauing of Lead they found lesser quantitie of siluer and so all was giuen ouer The third sort of Mines Royall are the Copper Mines Copper Mines which are found also in diuers Countreys which are not so plentifull in Hungarie where the best is as in times past but are very aboundant in Sweaden howbeit that it is very meane and inferiour in goodnesse There are also Copper Mines in Germany and the Duke of Brunswickes countrey as also certaine naturall Copperas waters wherein they cast from time to time great quantitie of old Yron which within sixe weekes or two moneths doth transmute into Copper Naturall water of Copperas England hath diuers Copper Mines at Keaswike neere Scotland are made some fortie tunnes yearely by certaine Germanes there inhabiting it containeth some Gold Some Mines of Copper Ore are found in Yorkeshire and albeit the charge of making one tunne of Copper be commonly 30 ll yet if seuen tunne of Copper Ore make one tunne of Copper it may yeeld good benefit for whereas 22 fires haue beene vsed it is brought to 12. I haue seene excellent Copper Ore of some Mines in Staffordshire in the hands of master Stonewell Staffordshire Copper Mines which absolutely is the best Ore that euer was found in England hee doth assure mee of great store of Ore It is lamentable that such workes should lye dead for want of vndertakers which indeed are discouraged by the great charges In mine opinion the charge of a tunne of Copper of this goodnesse of Ore will be made for 15 ll There are also good Copper Mines in the West parts of England where I haue seene good Ore in diuers places which must be roasted to destroy the Antimonie Arsenicke and other corruptions which are in it The working of copper Ore by Allome and Copperas water A certaine Nobleman now deceased was imbarked in those Westerne Mines which were promised to be wrought by imbibition of Allome and Copperas water and the Ore after digestion with raine-water would make of six tuns one of Copper hereupon for 300 ll by him disbursed he was offered 1800 ll It pleased his Lordship to take my aduice and to conclude the bargain for when I did calculate the charge of grinding and roasting of the ore the making of the great quantitie of Allome water and Copperas the consumption of yron plates decreasing in weight with all the tubs and vtensills the long time of imbibition and consequently workemens wages I found the charge to exceed and that the course of ordinary melting was to be preferred and so experience hath since proued the same to the great losse of the vndertakers For when workes are clogged with immensiue charges in the beginning it choketh the benefit euer after as we shall presently declare Seeing that profit is the radicall moisture of such and the like actions his Maiestie hath beene graciously pleased to incorporate a Companie of worthy persons The Compa●ie of Royall Mines for all Royall Mines by Letters Pattents and hath reserued but one fifteenth part to himselfe But there is none of that Companie that doth aduance any works that I can learne I would to God that the Mines Royal or others would proue to be worth ten thousand pounds yearely and aboue whereby his Highnesse according to the ancient Maxime of the Law might claime his interest as they say for it is well knowne how gracious and bountifull his Maiestie is alwayes The great wealth of the West-Indies would not bee so admirable vnto vs A Spanish Million is 300 thousand pound sterling the Report whereof is greater than the Truth and the Spanish Millions are not sterling Millions Neuerthelesse let vs reckon them with the most which is three hundreth thousand pound sterling And when the Fleet of the West-Indies and Noua Espagna bringeth eight or nine Millions it is a great matter And to make this apparant I haue heere set downe the greatest Treasure that euer came at any one time which was in the yeare 1587 as a prouision for the great Armada then preparing whereunto unto great beneuolences had beene gathered in regard of the meritorious action which God from Inuincible made Inuisible The Register of the treasure was with the most namely From Noua Espana and Terra firme For the King 8100 Ingots of Siluer 12 Chests with Gold 300 thousand Royals of eight 20 Cases with Pearles 1 Chest with Emeraulds 5600 Roues of Cutchenille For particular persons A remembrance of the great●st reuenue of the West-Indies 5 millions Teasted siluer
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 Brown●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 abo●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 i● 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 Sp●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
that our Yron is best for the casting of Ordnance and that the Sweaden cast Yron Peeces are brittle and commonly one in seuen will not abide the triall and of late the broken peeces of ours are made seruiceable for Yron in bars to be cast againe Quicksiluer Mines Mercurie or Quicksiluer naturall is not yet found in England but onely in Germanie in verie cold places and within these thirtie yeares there are two Mines of Q●icksiluer discouered in the West-Indies which is a helpe to the quantitie which they yearely buy to refine their Siluer Mines Sulphure Mines or Brimstone Sulphure or Brimstone being found in diuers countries cannot be better than we haue in some mountaines in Wales from whence I haue had diuers sorts of Sulphure earth or mine verie rich Some there is also in Blackemoore and Basedale in York●shire as also many other Minerals which my workmen did shew me Minerals of diuers sorts as Terra sigillata Oacre red and yellow Bole Armoniacke Tera d' Vmbra Antimonie Salniter Blacke lead Vitrioll to be made of Copporas to say nothing of such things as are made of Mettals nor of Salt-peeter which is plentifull Allomes are made o● stone slate and earth And now I cannot omit to treat of the Allomes whereof in many countries great store is made but the best is at Ciu●ta Vecchia in Italie called Romish Allome made with small charges out of a kind of stone which yeeldeth aboue the one halfe of Allome without vsing any vrine or saltish mixture as they do in Germanie where they haue both red and white Allome at reasonable rates so they haue in many places of the Straits at Constantinople Carthagena and other places Sweaden and Poland are not without it In Scotland and Ireland great quantities can be made had not England vndertaken so much whereof I haue set downe the originall progresse and continuance concerning those workes at large the substance whereof followeth in briefe Queene Elizabeth of blessed memorie did in the sixt yeare of her raigne grant by Letters Pattents vnto one Cornelius de Vos the sole making of Copperas and Allomes within the Realme of England which was assigned by him to Iames Lord Mountioy and being renewed for twentie one yeares was confirmed vnto him by an Act of Parliament by vertue whereof one master Lane his workemaster made great quantitie of Copperas in Dorsetshire and the Isle of Purbeke and some Allome and Copperas was then sold at 30 ll the tun now vnder three pounds Afterwards about the yeare 1604 one master Atherton beganne to practise the making of Allomes in Yorkeshire about Gisborough with whom one master Bourchier now Sir Iohn Bourchier Knight did ioyne to bring it to some perfection in hope whereof and at the sute of the said Sir Iohn the King in the fourth yeare of his raigne granted certaine conditionall Letters Patents to the Lord Sheffield President of the North Sir Thomas Challoner Sir Dauid Fowles Knights and the said master Bourchier for twentie one yeares for the sole making of Allomes in Yorkeshire onely where in building of seuen houses and the vtensills for working and charges Aboue Black● Moores with other extraordinaries they were out of purse in two yeares some 33 thousand pounds and could proceed no further without bringing in new men for some of the other gaue ouer in time and would proceed no further although the Germanes were now come which they had sent for There are rich Allome Mines in the Isle of Wight Hereupon other Letters Patents were obtained for thirtie one yeares for all England Scotland and Ireland without conditions and then they were out aboue 40 thousand pounds and no Allomes made to benefit although the price was raised at a certaintie and all forraine Allomes prohibited to come in And his Maiestie hath beene pleased to enter into the said workes and layed out so many thousand pounds as is not fitting to bee expressed Thus by ouercharging the work●s in the beginning are good businesses ouerthrowne many are the particulars which I haue obserued in writing concerning these workes But leauing this I wish good successe therein for there is Allome earth enough to continue for euer and in places West-wards as good and better than any in Yorkeshire Now from the Mines of Gold being fallen to Allome and Copperas let vs end with the Coale pits or Coale Mines Coale Mines whereof they make more account in the North than of Lead Mines and yet they are aboundant more than in any countrey of the world In the lower parts of Germanie about Acon and Collogne they haue great store of Sea-coale but it doth not cake as our Coales they melt great quantitie of yron stone with it being like vnto the Coale in Nottinghamshire or thereabouts which flameth more like vnto the Scots Coales To know the goodnesse of the diuersitie of our Coale I haue noted in the fourth Chapter of the first Part of Weights and Measures and now I am to shew how Mines may bee wrought to benefit and profit for the good of Merchants and others CHAP. IIII. Of the profitable working of Mines PHillip the second late King of Spaine perceiuing that many blind Bayards were ouerbold to vndertake the working of his Mines of Siluer in the West-Indies and yet considering on the one side that without authoritie and priuiledge they could not bee incouraged thereunto and on the other side hauing obtained the same for certaine allotted grounds vnto them they did hinder other men and themselues proceeded not did very aduisedly make all his Letters Patents as wee call them conditionall with a Prouiso A good prouiso in Lettets Patents for Mines That if the Patentees did not proceed in the workes or discontinue the worke for two yeares the Patent was void of course and vpon Certificate made of it the King made new Grants vnto others If our King were pleased to doe so many Grants or Leases made by the Companie of the Mines Royall would be made void and other men would be incouraged to trie their fortunes vpon them The next consideration concerning Mines Mettaline and Minerall is That the workes in the beginning be not choaked or suffocated with extreame charges and expences which doth discourage the vndertaker and all others whereby the works are giuen ouer or meanes are deuised to charge Princes Coffers with them For it is true That things doe prosper best when they are vnderpropped by authoritie it selfe which to doe in the beginning were more profitable than when the charges and expences haue ouerburthened them For preuention whereof I made a contract for the Lead Mines in the North parts which being imitated shall cut off all such charges as commonly the parties doe runne into in the working of Mines vpon the conceited benefit which draweth more violently than the Adamant stone For as the Portugall Antonio Diaz told the King Todos los mineros son Ricos porque quando no
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 ●●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
six pence and withall he did write vnto other Princes concerning the same and Commissioners came ouer about it but all was in vaine whereupon he gaue an absolute authoritie to Cardinall Wolsey by letters patents as followeth HENRIE the eight by the grace of God King of England and of Fraunce defendor of the Faith Lord of Ireland to the most reuerend Father in God our most trustie and most entierly beloued Councellor the Lord Thomas Cardinall of Yorke Archbishop Legat de Leicester of the See Apostolicke Primat of England and our Chauncellor of the same greeting For as much as coynes of moneys as well of gold as of siluer be of late daies raised and inhaunced both in the realme of France Francis the French King and Charles the fifth Emperor as also in the Emperors Low-countries and in other parts vnto higher prices than the verie poiz weight and finesse and valuation of the same and otherwise than they were accustomed to bee currant by meanes whereof the money of this our realme is daily and of a long season hath beene by sundrie persons as well our subiects as strangers for their particular gaine and lucre conueyed out of this realme into the parts beyond the seas and so is likely to continue more and more to the great hinderance of the generalitie of Our subiects and people and to the no little impouerishing of our said realme if the same be not speedily remedied and foreseene We after long debating of the matter with you and sundrie other of Our Councell and after remission made vnto outward Princes for reformation thereof finding finally no manner of remedie to be had at their hands haue by mature deliberation determined That Our coynes and moneys as well of Gold as of Siluer shall bee by our Officers of our Mint from henceforth made at such finesse lay standard and value as may be equiualent correspondent and agreeable to the rates of the valuation inhaunced and raised in outward parts as is afore specified whereupon Wee haue giuen commaundement by Our other Letters vnder our great Seale to the Master Warden Comptroller and other Officers of Our said Mint and to euerie of them to see this Our determination put in execution of the said coynes by Proclamation or otherwise as in the print coyne stroake of the same Wherefore by these presents Wee will and authorise you to proceed not onely from time to time when you shall seeme conueniently by aduice of such other Our Councell as you shall thinke good to the limitation description and deuising how and after what manner and forme Our said coynes and moneys may be brought vnto the rates and values finesse lay standard and print by you and them thought to be requisite but also to appoint Our said Officers of Our Mint duely to follow execute obey and fulfill the same in euerie point according In which doing these Our Letters vnder our great Seate shall be your sufficient warrant and discharge any Act Statute Ordinance or Law or other thing whatsoeuer it be to the contrarie notwithstanding In witnesse whereof We haue caused these presents to be sealed with Our great Seale at Westminster the 23 day of Iulie in the eighteenth yeare of Our raigne c. Graftons Chronicle doth record that all was to no purpose for the inhauncing might on both sides haue run ad infinitum Afterwards in the two and twentieth yeare of his raigne finding that Merchants did transport still the moneys or made them ouer by exchange and made no imployment vpon the commodities of the realme he caused a Proclamation to be made according to an old statute 14 Richard 2 Statute of imployment That no person should make any exchange contrarie to the true meaning thereof vpon paine to be taken the Kings mortall enemie and to forfeit all that he might forfeit Hereupon it fell out that lawlesse necessitie did run to the other extreame of imbasing the moneys by allay whereby all things came to be out of order For base money maketh euerie thing deere Base moneys and ouerthroweth the course of exchange betweene Merchants and causeth much counterfeit money to be made to buy the commodities of the realme and to destroy the good moneys like vnto the seuen leane Kine of Pharaoth which deuoured the seuen fat Kine in a short time as appeared of late within the realm of Ireland which is more dangerous in those kingdomes where their moneys are of a rich standard whereby many commotions happen Commotions about base money as in Fraunce during the raigne of Philip le Bell. And Peter the fourth King of Aragon did for this cause confiscate the Islands of Maiorca and Minorca now kingdomes in the Mediterranean sea whereas the policie of those nations which do vse seuerall standards of moneys doth preuent the same because that promiscuously they make and coine moneys of seuerall standards according to the occasion which is worthie the obseruation ☞ and as all extreames are vicious and defectiue so doth it befall those countries which will haue no base money at all and are made a prey vnto other nations by the exchange for moneys which must be maintained withall as I haue made and shall make more apparant Proportion betweene gold and siluer The third effect or alteration of the Kings Valuation of money is the Proportion betweene gold and siluer being in most countries twelue to one that is to say one pound of siluer for one ounce of gold wherein there is more operation than most men do imagine For you cannot aduance or inhance the one but you abate and diminish the other for they ballance vpon this paralell And whereas England by continuance of eleuen to one hath beene a great looser of gold so now by aduancing the same not onely to twelue to one but to 13 ⅕ for one there hath followed a verie great losse of our siluer which is ouer much abated as may appeare if we do but consider that the French Crowne of sixe shillings was answered with six shillings in siluer and is now full seuen shillings and foure pence and our six shillings in siluer are the verie same for twelue ounces of Crown gold of twentie and two carrats at 3 ll 6 ss maketh 39 ll 12 ss and 108 French Crownes the which are made out of the pound weight of twelue ounces at seuen shillings foure pence maketh also 39 ll 12 ss Hereupon to equalize the siluer vnto gold againe will breed a generall inhauncing of things within the realme for the alteration of the measure of moneys causeth the denomination to follow in number to make vp the tale which requireth great prouidence Exchange fallen by the inhauncing of gold in the Low-countries For we find that other nations perceiuing our gold to be inhanced haue abated the price of exchange according to which the prices of commodities are ruled so that the same goeth at thirtie and foure shillings six pence or thirtie
and fiue shillings Flemish for our twentie shillings sterling whereas before they did allow and reckon thirtie seuen shillings and six pence or thereabouts which is aboue our inhauncing of ten pro cent and ought to be almost thirtie eight shillings whereof our Mint men c●n take no notice much lesse our Goldsmiths and Merchants which either are ignorant or wise in their owne conceits and it is a hard matter to find in one man that which belongeth to the professions of many and when it is found to imbrace it for wisdome draweth backe where blind Byard is audatious For mine owne part although it were to be wished which is not to be hoped that we were of the Scithians mind who contemned siluer and gold as much as other men do admire the same yet seeing money is by the iudgement of the wisest so necessarie to the common-wealth that it seemeth to be the Sinowes of peace and as it were the Life and Breath of warfare I could not if I were a Law-giuer with Licurgus banish gold and siluer as the causes of much euil and bring in yron in place vnlesse I might be persuaded as he was of such good successe against vnrighteous dealings as issued thereby but rather vse the pretious mettalls so conueniently as I might and supplie the defect with baser coyne whereunto these chiefe mettals of gold and siluer cannot serue without great losse and inconuenience Or else I would by the course of exchange for moneys preuent all and abound with moneys and bullion hauing such Staple commodities to procure the same withall whereof other nations are destitute Let vs now therefore enter into consideration of the Merchants Valuation in exchange Merchants valuation predominant which we haue noted to be predominant and ouerruling the Kings Valuation For if the King do value a peece of sterling siluer weighing about foure pennie weight at twelue pence it wil be currant so within the realm But Merchants in exchange wil value the same at 11 ½ pence and commonly at eleuen pence and so it will be transported in specie by a low exchange and the commodities of the realme will be sold accordingly as you may vnderstand by the declaration of exchanges in our third part of this booke hereafter This Valuation of Merchants hath two handmaides beyond the seas which do aduance the forreine coyne in price as we do by exchange abate the same For Merchants when they haue occasion to vse any species of coynes for transportation as Dollers for the East-countries to buy corne or Royalls of plate for the East-Indies or French Crownes for Fraunce will giue one two or three Styuers or Soulz vpon a peece to haue the same whereby other Merchants buying commodities will condition to make their paiment in such coynes accordingly Currant money in merchandise and so it goeth from man to man by tolleration which is called Currant money in merchandise or Permission money whereby the same are inhaunced two or three vpon the hundreth at the least This inconuenience seemeth to be remedilesse as the Placcart of the Estates of the vnited Prouinces declareth Anno 1594. albeit the course of it is beneficiall vnto them and in regard of them may well be called Permission money For when they will not breake the coyne of other nations as the manner is in all Mints then it is either valued rather aboue the value which contenteth the said nations and so is permitted to passe betweene man and man which draweth moneys vnto them which doth not endure long Valuation altered by practise with Mint masters For the last and third effect of Merchants Valuation between the Mint-masters who loue to be doing and the said Merchants commeth in place either by abating the price of the said forreine coyne by Proclamation to auoid their hands of it or to gather vp coynes before they be inhanced diuiding the benefit between them the Financiers who are Officers of their Treasurie which is done with great dexteritie euerie way in so much that when it seemeth they will not haue forreine coyne and to that end they vnderualue the same then haue they their Exchangers or Brokers to gather vp those moneys to be brought to their Mint where they will giue secretly a benefit and helpe themselues by the sheire which cannot be done without priuate authoritie So that all things duely considered there is nothing but the rule of exchange to preuent and moderate all these inconueniences which to make men beleeue is to vndertake Hercules Labours for herein doth the motion consist and Motus maior expellit minorem Touching the Proportion betweene gold and siluer in valuation albeit some are of opinion That the same is not much materiall in the course of trafficke yet experience hath shewed vnto vs that the contrarie must be beleeued before their conceits And whereas they haue made obseruation vpon my former assertion to this purpose That Spaine holdeth the Proportion of twelue to one and Portugall holdeth but ten to one they doe not marke the reason added therevnto which is That betweene those Kingdomes there are no commodities to establish any trafficke So that exportation of siluer for gold Permutation of Moneyes or gold for siluer is but a permutation betweene them without any profit But England and other Countreys affoording meanes to import aboundance of forraine commodities and gold being with vs in greater estimation than heretofore being but of late yeares aduanced from eleuen to twelue for one An. 1611. that is to say From eleuen ounces of siluer to twelue ounces of siluer for one ounce of gold was continually transported in returne of the said forraine commodities the exchange not answering the true value of the gold so that now when our gold is yet more aduanced the siluer is thereby more abated in price giuing 13 ⅕ for one and therefore no maruell that gold is imported vnto vs and siluer is exported there being a gaine of aboue tenne and twelue pro cent And this losse of siluer farre exceedeth the gold in value because in quantitie there is in the world 500 of siluer to one of gold Siluer is 500 to one in quantitie by weight extant and if any siluer by accident be imported it is exported againe for the East-Indies and other places they giuing more for it than the price of our Mint for gaine is the commander of all The Proportions vsed within the memorie of man are as followeth IN the Low-countries they did reckon two Phillip Dollers for the Emperours Royall of gold whereby one marke of gold did counteruaile eleuen marke of siluer being eleuen to one in the pound accordingly In Spaine one marke of gold was valued at 53 ½ Pesos euerie Peso 450 Maluedeis and euerie marke of Siluer 2250 Maluedeis maketh the marke of gold to be but 10 ⅔ valued by siluer but the Spanish Pistolets of twentie two Carrats fine to eleuen Royalls is eleuen of siluer
haue spent time labour and no small charges in hope that hereafter it may do good to the publicke Pawne houses if some Diuine be moued to further it The first is according to the manner of Amsterdam to which end the substance of the petition of honest and religious men his maiesties subiects is as followeth First that authoritie be giuen to A. B. to erect Pawne-houses in all conuenient places of the realmes of England Ireland and the dominions of Wales for and during the terme of one and twentie yeres vpon these conditions That all person and persons shall and may haue at all conuenient times moneys vpon pawnes of or vpon all moueable goods chattels and leases or any thing which shall be agreed vpon after the rate of ten vpon the hundreth by the yeare That the vndertakers may be authorised or licenced to take for the attendance labour and paines recompence of Officers and Seruants wages house-rent and all other charges incident thereunto as followeth For registring and keeping of all pawnes that do amount to fiftie pounds or more one farthing for euerie pound by the moneth For all pawnes that do amount to ten pounds or more vntill fiftie pounds for euerie pound one halfe pennie by the moneth For all pawnes that do not amount to ten pound for euerie pound one pennie by the moneth For euerie bill giuen for pawnes vnder ten pounds one pennie and being of ten pounds or aboue whatsoeuer it commeth vnto but two pence with such clauses conditions and cautions as shall be requisite for the securitie of the said vndertakers and agreeable with the laws of the realm of England paying vnto the Kings maiestie a reasonable summe of money yearely c. The said allowances are inferiour to the moderation of the Emperor Iustinian his Lawes and will be found verie reasonable considering that by the tolleration of Vsurie politicke men can deliuer their moneys in verie great summes at ten in the hundreth freely and without such trouble CHAP. XIII Of Mons pietatis or Banke of Charitie THe second meane to suppresse the biting vsurie of extortion vpon the common people is by prouiding a course that they may haue moneys vpon pawne without paying any interest or vsurie for the loane of it according to the manner of Bridges in Flanders which is more pleasing but it is not so vniuersall as the Pawne houses are where great summes are to be had to accommodate Merchants and all men to preuent the generall abuse albeit it cannot be denyed but that the extortion vpon the meaner sort of people is more haynous and detestable which was the cause that by the Lawes of the Romans he that tooke vsurie of the poore was more punished than he that did steale from the rich as is before declared In Italie there are Montes pietatis that is to say Mounts or Bankes of Charitie places where great summes of money are by legacies giuen for reliefe of the poore to borrow vpon pawnes and to pay onely after three or foure in the hundreth at the most to maintaine the officers and to beare the charges of such an erected Mount for euer But the manner of Bridges as aforesaid may be thought more reasonable paying the officers out of the contributions which by their means may be much increased according to the orders which are hereafter declared Moneys to be giuen to suppresse vsurie for euerie man is willing to giue for the suppression of intollerable and abhominable vsurie The rich that are charitably disposed will giue because vsurie politicke should not be biting the meaner sort of people will be contributarie because of the commodiousnes of it for who will not giue six pence or twelue pence euerie quarter of the yeare when he may borrow a reasonable summe of money without paying any vse for it for one yere or a longer time according to occasions I am sure of most mens inclinations by an attempt made of the practise hereof some yeares since for after the names taken of aboue 1500 persons that were willing to contribute yearely and some Diuines and others that would lend freely 50 ll 100 ll or more for some yeares and some 500 ll I made an alphabetical register of them which was deliuered into the hands of a great personage who as it seemeth was not worthie of the honour thereof but to my remembrance it amounted to some 2000 ll for moneys giuen and to be lent and aboue six hundreth pounds yearely during the liues of the benefactors so that no man hath cause to doubt of the collection of a great stocke for so godly a worke if authoritie were had when this was done vpon the onely hope and surmise thereof to the effecting whereof I will be willing still to doe my best endeauour Now the orders are as followeth Orders to be obserued for the gouernment of the Mount of Charitie consisting of two houses within the citie of London and the suburbes thereof and one house at Westminster where all men may borrow moneys in small summes without paying any vse or loane for the same vpon pawne to be deliuered for caution or securitie of the said moneys according to the manner of Bridges in Flanders and other countries 1 IMprimis That all men of what qualitie or condition soeuer they be being destitute of money shall haue money at all conuenient times without paying any vse or loane for the same but deliuering onely a pawne of any moueable thing so it be not aboue fortie shillings at any one time vntill a competent stock be raised for the maintenance of the said Mount of Charitie for euer 2 Item Whereas the said stocke is raised and to be increased by meanes of charitable and conscionable persons which either do freely lend moneys without taking interest for the same or do freely giue in money and yearely contributions according to their vertuous d●sposition which moneys may in progresse of time amount to a notable summe the Treasurer generall therefore shall be a man sufficient and of honest behauiour carefull to appoint sworne honest men vpon sureties to collect the said moneys and for keeping of the pawnes with their Clarkes and other attendants and the Surueior of accounts shall be a man diligent and skilfull in accounts all for the better incouragement of the said charitable giuers and free lenders for the aduancement of this charitable worke 3 Item Whereas the like House called Saint George was heretofore erected at Genoua in Italie by noble Knights bound in honour to see the people relieued from oppression biting vsurie and extortion which by all vertuous Knights is at all times approued and commended There shall be kept one paire of tables in euerie house containing the names of such honourable persons and vertuous Knights ' as shall be yearely contributaries by quarterly paiments during their naturall liues or lend any summe of money gratis for a time together with the names of such well disposed persons as by
to giue twentie per 100 for the yeare and so from yeare to yeare and dying the principall is theirs One hundreth pounds for eight liues by equalitie decreasing the pennie 8 is 12 ll 10 ss for two liues 11 ll 2 ss for three liues 10 ll for foure liues 9 ll 1 ss 9 pence is 6 ll 5 ss for eight liues The Citie of Amsterdam was wont to giue good consideration and did obserue this order vpon a hundreth Guelders for eight liues gaue 16 13 4 Obseruations of money deliuered vpon liues Of nine liues 19 1 0 Vpon tenne liues they gaue 22 4 5 Vpon eleuen liues 26 13 4 Vpon twelue liues 33 6 8 Vpon seuen liues 14 6 4 Vpon six liues 13 6 8 Here you are to remember the obseruations of Assurors whether the persons be young or old sober in their diet and behauiour much trauelling abroad or staying at home subiect to sickenesse and the like considerations Rents vpon houses Moneys deliuered vpon annuities for rents seeme more reasonable than pensions vpon liues because you beare onely the aduenture of the decay of houses or destruction of them in time of warre and much more should bee giuen without pawne than with pawne or morgage It is commodious for a man hauing wast grounds and intending to build vpon them to take much money vpon rent after 6 ¼ pro cent which many Cities giue continually to increase their wealth and inhabitants And because the valuation of their money doth often alter and is inhaunced whereby all things become dearer Rents payed in specie the parties are aduised to haue their rents paied in specie in Crownes Dollers Ducats to bee paied as formerly they were currant the dangers in times of warres causeth rents to decrease for the ancient rent is alwayes first to bee paied although all others bee losers * ⁎ * CHAP. XIX Of the Denomination and Diuision of Moneys of diuers Countreys THE Denomination Diuision and Subdiuision of the moneys of all Countreys is most necessarie for Merchants and all others to be knowne because without it they sayle in the course of Trafficke without Compasse abandoned at all vncertainties and dangers to haue true equalitie and equitie obserued in their buyings and sellings and that more especially if the course of exchanges be neglected as shall be declared hereafter Some of these moneys are imaginarie and some are substantiall or reall in specie and yet not concurring in price or value England IN England concerning Siluer coynes there is the Crowne of fiue shillings and the halfe Crowne of two shillings sixe pence the shilling the sixe pence the foure pence or groat the three pence two pence three halfe pence the pennie and halfe pennie of sterling Siluer and the farthing of Copper The ordinarie Golden coynes are the vnite peeces of 22 shillings the halfe of eleuen shillings and the crownes or quarters of fiue shillings sixe pence and the ⅛ part two shillings nine pence and the fiue peeces coyned at foure shillings making twentie two shillings with the Rose and the Thistle The Laureat King Iames of twentie two carrats fine of twentie shillings and the halfe peece Scotland In Scotland is the Crosse Dagger peece of eleuen shillings and the halfe of it and their Rider of ten shillings six pence and for their Siluer coyne the Marke peece valued at 13 pence ½ in England and the halfe of the same as also six small peeces of aboue two pence for the said Marke Ireland In Ireland where no Mint hath beene since King Edward the fourth of England the fifteene shilling sterling make twentie shillings Irish and the Siluer Harpe of nine pence sterling is there currant for twelue pence and the moitie thereof accordingly and the abouesaid Gold coynes are currant as in England or in sterling reduced into their Irish moneys one third part more so that the twentie shillings peece of Laureat King Iames is there foure Nobles and all other diuisions of it accordingly So the English shilling is sixteene pence Irish and the parts of it accordingly All other old Irish coyne is out of vse and little quantitie to be found of it In Germanie they make all their moneys by the account of Batsen euerie Batts foure Creutzers coyning peeces of three sixe Germanie and twelue Creutzers So the Ducat of Hungarie maketh 27 Batses the Gold guelder eighteene Batses the Polish guelder or doller fifteene Batses Teastons fiue Batses The said Gold guelder was value Anno 1520 to bee currant in Holland for twentie eight stiuers whereby their corne is bought and sold which is erronious and imaginarie because there is no such peece in specie So was the doller and the Siluer guelder called Gros or Vnciales weighing an ounce The ancient Romans called an ounce a guelder and the eight ounces made one mark and 12 ounces or guelders were reckoned for one pound and there were coyned peeces called Nummi Dragmi alias Grosleyn is the eight part of a doller Angelicies was the ⅙ of a doller making three Batses or twelue Creutzers called Schriekenborgers The said Angelici were Tribute penies which being allayd and made worse did obtaine the name of Bats as it were seeking of a benefit which since haue bin more imbased and therefore deserue that name of Batses they are called in Thuringia Gulielmi and in Bohemia Bohemici in regard of the said tribute whereof they haue also 12 peeces diuidedly for 12 pence which pennie is all Germanie ouer two Hellers by way of account The doller was first made vpon sixtie and fiue Creutzers which in those coynes so imbased are answered by 72 Creutzers And in oth●● cities of Germanie they reckon as followeth vpon diuers coynes 〈◊〉 made and some imaginarie At Augusta they haue small moneys Grosses of three Batses Augusta Lion peeces whereof two make a Creutzer the Blackepennie foure to one Creutzer Snubourgh Blaphart or Bohomicos of three and 3 ½ Creutzers the Ryckes doller is thirtie Albes of eight pence euerie Albe or seuentie and two Creutzers for the said doller At Frankford they diuide their Florens of sixtie Creutzers Frankford by twentie shillings and euerie shilling in twelue Hellers according to the pound At Norenbourgh in like manner and the Creutzer is foure pence Norenborough euerie pennie two Hellers and fiue pence called a Fynfer or fiue Pennick At Strasborough they vse Blapharts Grosses Strasborough Bohemicos of three Creutzers euerie Blaphart six pence of two Hellers or foure Ortlyn At Bohemia as in Germanie and the Bohemici Bohemia are whitgrosse of three Creutzers the Doller is twentie foure Bohemicos of twelue Angster euerie Bohemico ten pence and one Marke is fortie Bohemicos and Scoc is sixtie Bohemicos Vienna At Vienna the Ryckes Doller is eight shillings and the Ducat twelue shillings Trioll At Trioll the Doller at seuentie two Creutzers of fiue Fynfers or Hellers the Creutzer Hungarie
an occasion to gather in his owne debts sooner In some places also they may not arrest vpon the Sabbath dayes and Holy-dayes to the end they should not bee depriued of Diuine Seruice towardes God and comfort of their soules The Officers or Serieants may not arrest any man vpon the Bursse or Royall Exchange although the partie to be arrested should yeeld thereunto and renounce the said priuiledge It is not many yeares since that a Merchant of Amsterdam being vpon the Exchange at Antuerp had notice giuen him that another Merchant had giuen order that vpon his going from the Exchange hee should bee arrested and that the Officer did attend him being neere at hand whereupon hee perceiuing the said Officer called him vnto him and said Hee would obey the arrest which for the first time is but an adiourning or citation the Officer did require a pledge of a peece of coyne in token thereof as the manner is which hee gaue him Afterwards this Merchant of Amsterdam being otherwise aduised by his friends did disclaime from that arrest because it was done vpon the Exchange and claimed the said priuiledge insomuch that the Magistrates and the learned Aduocates on both sides did thereupon assemble in the Towne-house as it were the Guild-hall and there the matter was debated and discussed at large according to the lawes And it was at last concluded and determined that the said Arrest was void in Law for the renunciation of a Priuiledge by any particular The renunciation of a priuiledge cannot abolish the priuiledge or many persons cannot derogate or abrogate any Custome or Priuiledge not only in the generall but also in the particular so that within twentie and foure houres after he might haue bin arrested againe but he was non inuentus and vpon this Arrest he was to find caution to answere the law The like is to be vnderstood for all priuiledged places as Churches Chappels Church-yards and other places of iurisdictions and diuers Cities and Towns do not permit any man to be arrested vpon forreine pleas for debts or contracts made in other townes places or countries which are as places of refuge for some Merchants as the towne of Middleborough in Zealand Townes of refuge and the towne of Dort in Holland and other cities and townes in other countries and most cities and towns where a Nation or a Societie of Merchants do agree to make their residence as the Companie of Merchants Aduenturers and others commonly the said cities and townes doe exempt them from all litigious suits which happen betweene themselues to be determined by their Gouernour or Court master so as only controuersies happening betweene them and strangers or inhabitants are subiect to the ordinarie course of the law for the determination of Merchants differences They will also free them from all debts owing by Kings Princes and States so that the subiects goods shall not be lyable thereunto to the end that trafficke be not interrupted The Officers or Serieants which make these arrests are knowne by their habite Officers knowne by their habits or by a rod to be seene in their hands and may not by stealth come vpon a man wherby many insolencies are preuented and Serieants are not subiect to be killed as many times they are with vs. And if they haue not their habits or colours no man is to assist them if they be abused and the rescuing of a man then is no offence and howsoeuer if a man Arrested or to be Arrested do run away euerie man giueth him way as desirous to helpe him to keepe him out of troubles accounting the Arresting of a man to be a part of the hangmans office and neuerthelesse their hangmen are seene to be alwaies in rich apparrell and are reputed as necessarie members in a common-wealth whereas in England it is verie contemptible and base Returning to speake againe of Attachments it is a matter of great consideration with vs not to admit any to be done either in London or any other citie or towne corporate Attachments to be granted vpon specialties according to the custome of London vnlesse it be vpon plaine specialties and also with putting in good sureties for the costs for it is a verie dangerous thing for Merchants dwelling beyond the seas as also Merchants which dwell in remote places of the kingdome hauing their Factors at London if they vpon any surmise or pretence of debt shall make secretly any Attachment in their owne hands of their masters goods either when they know their master to be dead or trauelling in some forreine countries vpon a long voiage as occasion may fall out and so by practise deceiue them of their estates by pleading afterwards the said Attachment or Iudgement had thereupon in bar as aforesaid CHAP. XII Of Sequestrations and Executions THe magistrates considering that abuses may be committed many waies by attachments do commonly vse Sequestration of goods by deliuering them into the hands of a third person or taking of them into their owne custodie or power for by these meanes also are many attachments preuented which men would do if the disposing of the goods or debts did come into their owne power wherein they haue a care not to feed the humour of contentious persons which is meerely contrarie to the course of trade which is the cause that in the execution of their sentences wherein the life of the law doth consist they do proceed gradatim Execution is the Life of the Law and if any such Sequestration is made vniustly or without cause the Ciuile Law as also the office of Priour and Consulls hereafter declared will giue good costs and dammages Considerable Executions In the proceeding of the said Magistrates there are many persuasiue meanes vsed by them in the behalfe of the debtour with the creditor to bring him to a composition if not then some Officers are sent to the parties house to keepe him as it were a prisoner to whom he must giue meat drinke lodging and a daily fee according to the Iudges appointment and as the matter may be of moment to the end that by this pecuniarie punishment he may cause him to pay or satisfie the creditor which is aggrauated by sending two Officers at the first then two more and so six or eight of them to eate him out of house and home for these men will gnaw him to the verie bones and are therefore called Clyuers or Deuourers But if the debtor will not endure this and do go wilfully to prison then the creditor must find the debtor maintenance at the discretion of the Iudge who may if he will presently put him to bread and water which is seldome or neuer done but when it is knowne that the partie hath meanes and will not satisfie his creditor who after the imprisonment of the person cannot come vpon the goods againe according to the common lawes of the realme then he is to be kept in Arcta custodia with
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
a common-wealth for the maintenance of lawes which otherwise would be fruitlesse or made as it is said by some propter terrorem for preuention whereof it is verie commendable to preserue this life of the law consisting in execution which was the cause that commissioners haue beene heretofore appointed to retaine men in their dueties as the Nomophilats in Greece the Censurors amongst the Romans the Ephores at Lacedemon the Areopagits at Athens the Visitors in Spaine Commissioners to retaine Officers in their dueties and the Commissioners of Troyle the Bastort in Edward the first his time for all humane actions are so flexible to euill that they haue need of a continuall remembrancer to vertue for the conseruation of the publicke good If we will make a comparison betweene the execution of Criminall causes and ciuile we shall in a manner find the same to be all one effectually for the generall manner of death imposed by the law is hanging where in other countries they haue diuers manners of executions according as the fact is haynous Murder being a great offence hath in all ages been punished with death but stealing of goods was alwaies taken to be much inferior because the law of God did not punish the same by death as is now vsed and yet a death by sudden execution is better than a lingering death by famine imprisonment and other aduersities before remembred The effect of the kings Prerogatiue Royall to be mercifull euen when law hath had her full course is to be seen rather in causes ciuile than criminall and that in the reliefe of poore distressed prisoners and others Iustice and Mercie in God are not contraries seeing the Mercy of God whose Lieutenants they are on earth is aboue all his Workes which maketh me to remember an error of the common people which thinke the Iustice and Mercie of God to be contraries for if they were they could not be in God because the god-head being but one and alwaies like it selfe cannot admit contraries and contraries they cannot be being both vertues whereas no vertue is contrarie to vertue but onely opposite to vice so that respecting the Kings Prerogatiue in criminal causes when the law hath determined death or punishment by perpetuall imprisonment or banishment the King imitating Gods mercie doth restore life freedome and libertie much more may the King do the same in ciuile causes when the law commaundeth imprisonment vntill satisfaction be made of the iudgement giue libertie and prolongation of time as hauing an interest in the persons of his subiects as we haue obserued I haue herein been the more ample because it concerneth the life of many honest men c. CHAP. XIII Of Denization and Naturalization of Merchants THE manner to make Merchant strangers Artificers● or Handie-crafts men to be Denizons or Naturalized was in times past without any difference and they did enioy the like libertie and priuiledges and were most commonly made by his Maiesties Letters Patents vnder the Great Seale of England by his Highnesse Prerogatiue Royall whereby they did enioy all the freedome and immunities that naturall subiects doe enioy and were so reputed and taken by the Lawes of the Realme vpon their oath made in Chancerie of alleageance to the King and the Common-wealth But the same was afterwardes called in question vpon the misdemeanors of some forgetfull persons and then Denizons were made to pay Customes to the King as strangers howbeit they might buy leases lands and houses as English borne subiects and their children heere borne should bee free and pay but English Custome for goods imported and exported and may become freemen of London and buy cloth in Blackewell Hall and all other Markets and transport the same where it pleased them albeit the Merchants Aduenturers haue infringed the same Naturalized distinguished Neuerthelesse some priuiledge to pay English Custome being granted to some particular Merchants by the Princes prerogatiues by Letters Pattents vnder the Great Seale it came to passe that these were named Naturalized which might be placed in offices as Iustices of the Peace and Quorum high Sherifes of the Counties and other places of dignitie and came to bee made Knights and Barronets and some of them buying lands and leases made great purchases married their daughters vnto diuers Gentlemen and others did also sell lands againe and bought other lands which buying and selling of lands did require assurances to be made and therein some Lawyers were of opinion that by the Law the said assurances were not of sufficient validitie without an Act of Parlement and then the Acts of Naturalization were made but the making of Denizons was alwayes continued by his Maiesties Letters Pattents onely and they are not subiect to the Statute of Employment albeit they pay strangers Customes Denizons not subiect to the Statute of Employment and diuers other charges which the natiue subiects doe not pay whereof Merchants are to take notice No stranger which is a Mechanicall person is much inclined to be a naturall subiect by Act of Parlement because of the charge of it which may bee about 30 ll albeit foure or fiue persons may ioyne together by petition to the Parlement and haue one Act for them all the forme whereof is commonly as heereafter followeth And here note that a Merchant is in no danger if hee be neither Denizon nor Naturalized but may deale trafficke and negotiate at his pleasure but he may take no leases nor buy lands IN most humble manner beseech your most excellent Maiestie your humble and obedient Orators I. L. of Florence your Maiesties seruant T. M. c. R. B. and M. Q. That whereas the said I. L. the son of A. L. and L. his wife strangers were borne at Florence in Italy in the parts beyond the Seas and whereas c. And whereas M. Q. being the sonne of M. Q. and C. his wife borne at Bridges in Flanders in the parts beyond the Seas in lawfull matrimonie and hath for the most part these twentie yeares remained and made his abode in London within your Maiesties Realme of England during which time hee hath demeaned himselfe faithfully and dutifully towardes your Highnesse and your Lawes yet for that both he and the rest of your Maiesties Orators were borne in the parts beyond the Seas they cannot take benefit of your Maiesties Lawes Statutes and Customes of your Highnesse Realme of England as other your Maiesties subiects borne within this Realme to their great preiudice losse and hinderance It may therefore please your Highnesse of your most noble and aboundant grace that it may be ordained enacted and established by your Highnes the Lords Spirituall and Temporall and the Commons of this present Parlement assembled and by the authoritie of the same That your Maiesties most humble Petitioners I. L. T. M. R. B. and M. Q. and euerie of them shall from henceforth bee adiudged reputed and taken to be your Highnesse naturall subiects and as persons
purpose as by the graunt appeareth This licence they in short time peruerted to the great disturbance of the ancient course of the Staple whereby the trade of the Realme greatly declined and the Kings Customes decreased so that from 160 thousand pounds yearely payed out of the Staple the Customes came short of 120 thousand pounds The Fraternitie of Saint Thomas of Becket These new Merchants terming themselues The fraternitie of Saint Thomas of Becket were by Act of Parlement and by direction vnder the Great Scale of England in the time of King Henrie the sixth prohibited from doing any act that might preiudice the Staple and so it continued vntill the two and twentieth yeare of King Henrie the seuenth and then there was another great complaint in Parlement against the said fraternitie for decaying of trade and a verie strict law made against them with especiall order that they should admit any of the Kings liege people into their socitie paying vnto them ten markes which vnder pretence of some priuiledges hath beene interrupted and especially by his Maiesties Proclamation in the fifteenth yeare of his Highnesse happie raigne by reason of the controuersie for the dressing and dying of cloth neuerthelesse in all their graunts exception is made That the Staplers should not be preiudiced which in the wisedome of a Parlement will be found most necessarie to be vnited againe to make a free trade vnder gouernment 8 The exportation of the materialls for cloth as woolls Fullers earth woolfells and woodashes is prohibited lately by his Maiesties Proclamation with good orders for the execution thereof according as heeretofore was done by the Correctors of the Staple for other commodities 9 Touching the warres of Christendome let vs obserue that King Edward the third had also great wars in his times with France and in Ireland and neuerthelesse he did receiue a verie great assistance by subsidies of fiftie shillings vpon euerie sacke of wooll exported for and during the time of sixe yeares which amounted to 1500 hundreth thousand pounds when one ounce of siluer was valued but at twentie pence which would now amount to foure millions and a halfe 10 And lastly the immoderate vse of forraine commodities was by the Maior and Constables of the Staple had in consideration for they had alwaies an especiall care to the inriching of the Kingdome because the prouident care of the King did put them in mind thereof insomuch that when the said King became forgetfull therein by reason of the warres and that the Kingdome wanted chaffer wares and necessarie prouisions the Parlement did absolutely deny to giue him any subsidie as appeareth by the Chronicle of Grafton in the one and fiftieth yeare of his raigne so that by the premisses things haue bin in some measure considered of when least disorder in trade appeared A Conclusion to the iudicious Reader THe triuiall vice of Enuie is said to be the mother of wickednesse and accounted to sit in an im●ginarie Theater Her Pallace is a dim and hollow vault wherin she waxeth pale and wan as hauing the consumption of the liuer looking a squint as borne vnder Saturne neuer resting as though shee were an arme of Ix●ns wheele engendred and hatched by the vgly Megara of Hell that feeds and crams her gorge with Dragons and fomes out againe deadly poyson This v●ce hath sent forth triple headed Cerberus vnder the shadow of Zoilus Momus and Mastix Three enuious Satyies to performe her intended tragedie but Zoylus remembring that his railing Commentaries presented by him to Ptolome king of Aegypt and his presumption to bee better learned than Homer did worke his ouerthrow goeth by with silence and shaking his head seemeth to be discontented and vnder hand he doth instigate Momus and Mastix to follow their enuious humors wherupon Momus with his carping eyes dimmed with passion hauing cursorily read ouer this booke taketh vpon him to be a great Pollitician or Statist and findeth fault that many things therein contained which he termeth Mysteries should be published and made knowne especially such as may concerne Princes in their reuenues or secrets of their mints Vnto him therefore I frame this answere confessing and auoiding that true it is That the ancient Monarchies Empires and Common-weales held the knowledge of their reuenues in such reuerence and secret that none but the officers which had the managing thereof were made priuie of them as being sacred things not fitting that the people should take notice thereof which was truely obserued in the Romane Empire and Common-weales of the Grecians But as times produce varietie and the maners of men do change breeding corruption of lawes and customes so was it found that by this secrecie officers were both emboldned and enabled to deceiue the Princes thereby and the people would pretend ignorance to gi●e vnto them their dues whereupon the Senators of Rome by mature deliberation did ordaine that from that time forward the reuenues of their treasure and the dependances thereupon should be published and made knowne not only vnto the people but vnto strangers also which the Emperor Iustinian caused to beobserued and other Emperors succeeding him as appeareth by the Code and other Bookes which the French Kings haue imitated euer since willing and commaunding that these things should be knowne of euerie one yea euen of the meere strangers of other countries so that this obiection is of small moment especially this booke being moderate in the handling thereof Now Mastix riding a false gallop on a hackney horse being full fraighted of conceits commeth to towne and maketh two exceptions to the methode and contents of the booke first he will not allow the termes of Art by diuiding of the same according to the three essentiall parts of Trafficke next he will not haue Merchants secrets laied open or their trades divulged To the first concerning the being essence or existance of things he will make no difference betweene naturall things and things artificiall and so there is but two essentiall parts of Materia forma albeit that some Philosophers haue established three beginnings of naturall things Matter Forme and Depriuation The Matter hath no other office or function but the changing from one Forme into another Depriuation giuing an inclination thereunto for Depriuation is an imperfection so conioyned to the Matter that without her if she were seperated nothing would be ingendered and therefore in Heauen there is no Depriuation and consequently no generation ne corruption The Forme therefore giueth perfection to the thing and being also and without her the Matter is more imperfect than the eye is without the facultie of seeing or the eares without hearing But in artificialls the being hath her parts as Trafficke hath three namely Commodities Money and Exchange so other things may consist of more being or simples wherein the termes of Art are not excluded neither can they auoid Mastix his enuie To the second the whole contents of this Booke manifesteth to all judicious Merchants how necessarie the knowledge is of the matter therein contained to maintaine Equitie and Iustice by the Law of Nations and that there is no particular secret of any Merchants trade reuealed to the preiudice of any man or nation in so much that they are much pleased with it as being desirous to aduance the good and to banish the euill obseruing that vertue maketh a stranger grow naturall in a strange countrie and the vicious becommeth a meere stranger in his owne natiue soile Let vertue therefore enioy her freedome and possesse her priuiledges by the right of Law and all the people shal flourish with equitie Iustice shall maintaine Peace Peace shall procure Securitie Securitie shall nourish Wealth and Wealth Felicitie No man is to be dismayed at his small tallent or to grudge at anothers greater prosperitie for without doubt Nature hath by her secret motion denied none some perfect qualitie to supplie that want which in himselfe breeds discontent or mislike for euen as the fish hauing no eares hath a most cleere sight so though want of dignitie be a disgrace to some though want of coyne discontent diuers and though lacke of wealth impaires the credit of many yet nature hath supplied that outward ornament with such an internall reward as a loyall and louing heart notwithstanding many hard measures will with constancie spend all his time for the good of the common-wealth being thereunto imployed This worke thus at length happily concluded and commended to the kind acceptation of all gentle and well disposed minds is not compiled to please the vaine appetite of some men according to their nice opinion but is referred to the judiciall and affable judgements of this age to whom I shall during the remainder of my daies alwaies be readie to supplie any thing which in the next impression may be desired not doubting but they will measure it by the iust desert and censure thereof as their owne kind natures haue euer beene accustomed Soli Deo gloria FINIS
matter little sensible Here may Microcosmos the little world Man behold how little the great world is which is made for him as a Tabernacle where hee hath no abiding place but trauelleth as a Pilgrime towards the Coelestiall habitation with a thankefull mind and remembrance of the mercie of God who hath beene mindfull of the Sonne of Man and made him lower than the Angels to crowne him with glory and worship Psal. 8. Thus much I thought to demonstrate vnto Christian Merchants touching the world before wee intreate of the commodities whereby trafficke and commerce is by them and other Nations maintained according to the ancient Verse Currit Mercator ad Indos as appeareth in the next Chapter CHAP. VII Of the Commodities of all Countries whereby commerce is mainetained Corporum tria sunt genera ALbeit that the aforesaid Doctors of the Ciuile Law haue declared that there be but three kind of bodies of things namely 1 Quod continetur vno spiritu vt homo lapis c. which is contained of one spirit as man and a stone or such like 2 Quod ex pluribus inter se coherentibus constat vt edificium nauis c. which consisteth of many things ioyned together as a building a ship c. 3 Quod ex distantibus constat vt corpora vno nomine subiecta veluti populus legio grex c. which cōsisteth of distant things as many bodies vnder one name a People a Legion a Flock and the like Yet this difinition is not compleat concerning the bodie of trafficke and commerce consisting of Bodie Soule and Spirit namely Commodities Mony and exchange of Mony by Bills of Exchanges as aforesaid which are to be described in order And because Commodities like vnto the Bodie vpheld the world at the first by way of commutation and bartering of them according to necessitie and vsefulnesse Therefore may it bee thought conuenient to set downe in this place the particular commodities of all Countries and of some of them their values and estimation by meanes whereof Trafficke and Trade is established and maintained that thereupon wee may proceed accordingly Verely in the estate of Innocency all things were common but alas this communitie of things indured but a while and now by reason of our naturall corruption and pronenesse to wrong one another there is an absolute necessitie of proprietie and seuerall possession which is consonant to the Law of God as well as founded vpon the Law of man and consent of Nations it being the voyce of secondarie Nature This is my house this is my towne and this is my seruant c. whereby Meum Tuum is distinguished The reuocation of this communion of things is the nerues and bond of humane Societie and the mother of labour and diligence Who would Till the ground if he hoped not to taste of the crop of it Surely all would be waste and desolate if men were to plant and build for euery body that is nobody Wee see by experience that the strongest would depriue others of the vse of things vnlesse the law did interpose her authoritie which is two fold namely Paterna Politica effected by the fathers of families and magistrates And herein is no other equalitie to be found concerning things but a mutuall voluntarie estimation of them according to the vse and behoofe of the said things And the prouerbe is true That goods held in common are as it were no bodies goods and not manured as they ought to be whereupon Plato in his second Common-wealth vpon better consideration did reuoke his former opinion of the communitie of goods and vsed to say That no man was a gayner but another became a looser which had an ouer great regard to the propertie of goods and if there were no propertie of goods all trafficke would cease Neuerthelesse the Equalitie and Equitie in the course of Commerce must be obserued to auoid the ouerballancing of commodities as in the precedent Chapter is mentioned which requireth a third consideration of an other kind of equalitie For as we haue noted with Aristotle Riches is either Naturall or Artificiall The Naturall riches as Lands Vines Forrests Meddowes and the like The Artificiall as Money Gold Siluer Cloth and all other Manufactures and houshold Stuffe Now as this Artificiall riches is proceeding of the Naturall riches and that both these doe receiue their price and estimation by money So reason requireth a certaine equalitie betweene them which wee find to bee defectiue which is concerning the price of lands To prooue our Assertion wee can hardly make this inequalitie appeare albeit wee doe find the want of the treasure transported from vs into the parts beyond the Seas For it befalleth vnto vs concerning monyes and wealth as it doth to a Generall of a Campe of ten thousand supposed armed men whereof muster being taken at seuerall times and vpon seuerall dayes all of them are found to bee armed because they lend their Armour to each other whereas if they were all mustred in a day and at one instant a great part of them would bee found to want Armour So the like want of monyes and wealth would be found if rich men were examined for their personall estates vpon any vrgent occasion And now let vs examine the commodities of all countries beginning from the East and ending in the West Of the goodnesse and value of East India Commodities THe Merchants Trade for the East Indies tooke beginning in England in the yeare 1600 At which time Spices and all other Commodities were bought for the prices hereafter declared translated out of the Portugall tongue with my additions and obseruations concerning the goodnesse of those Commodities Cloues Cloues growing in the Ilands of Moluccos being cleane of Stalkes by the Portugal called Fusties Fusses were sold for fiftie Pardaos the Kintal or the 100 weight of 112 ll correspondent with our London quintal or hundreth accounting the Pardao or Ducatt at 5 ss is about 27 pence the pound There is another leaner and drier sort of Cloues called Crauo di Bastao which is sold for 25 ducatts which the Portugalls doe mingle many times the difference is halfe in halfe in price and the pound at 13 ½ pence Mace Mace being of a faire colour and large which groweth vpon the Nutmegs and is had also in the Iland of Bantan was sold for 74 Ducatts the hundreth which is 40 pence starling the pound Nuttmegs Nutmegs in the said places were sold for 15 Ducatts is 75 ss the hundreth and the pound weight eight pence starling Ginger Ginger being dry from Calicout called Belledin or ashe colour Ginger at 9 Ducats the hundreth is 45 ss and the pound at 5 pence or thereabouts There is an inferiour sort called Mechino of six Ducatts the Quintall Ginger in conserue at 13 ½ Ducatts is about 7 ½ pence the pound Sinamon Sinamon of Zeilan growing in that Iland was sold at thirtie
to be inuectiue and patheticall against Bankers wherein they are not mistaken Bankes are incompatible in Common-weales For the vse of Banke vnlesse they bee countermined by other Bankes are not to bee suffered in any well ordered Common-wealth as time will manifest more and more The French King Lewis the ninth and Philip the Faire did with great cause confiscate the Bankers goods and for the discouerie of their debts ordered their subiects to pay onely the principall money into their Treasuries Philip de valois did the like and indited them as Couseners of the Common-wealth for it was found that in a short time Bodin de Rep. with twentie foure thousand pounds sterling they had accumulated and gotten aboue two millions foure hundreth thousand pounds Others which through enuie malice or other passions haue the eyes of their iudgement blinded haue censured my writing to be Apologeticall for the erection of a Banke vnder the colour of the restauration of the auncient Office of the Kings Exchanger which how absurd it is let the wise iudge by the difference betweene a Banker and a Generall Exchanger Difference between Banker and Exchange The Banker doth draw vnto him all the moneys of other men making his small stocke to be infinite and the Exchanger must with his owne stocke supply mens occasions The Banker doth make the price of Exchanges with the correspondence of other Bankes elsewhere at his pleasure and most aduantage The Exchanger hath no correspondence with other Bankers but with his Factors and Seruants is limited to deale honestly with all men But because it is difficult to please mens humours in the reformation of abuses which either for gaine some would haue to continue or others through ignorance doth not vnderstand Therfore is there another meanes propounded as you see by this discourse Now comming to the Feats of Bankers it is not since yeasterday that the same haue beene obserued much lesse by mee inuented but in the yeare 1576 the wise and famous Councell of Queene Elizabeth caused the same to be examined by discreet persons who did make report thereof albeit they missed of the remedie and they did distinguish the manner of Exchange to be threefold viz. For the Bankers priuate gaine and benefit TO lay their money with gaine in any place of the world where any Exchange lyeth To gaine and waxe rich and neuer meddle with any Princes commodities To buy any Princes commoditie and neuer bring pennie or pennieworth into the Realme but doe it with the subiects money To grow rich and liue without aduenture at the Seas or trauaile To doe great feats hauing credit and yet to be nought worth To vnderstand whether in coniecture their money imployed on Exchange or buying of wares will be more profit To know certainely whether and what the Merchants gaine vpon their wares they sell and buy To liue and increase vpon euerie Princes subiects that continually take vp money by Exchange and whether they gaine or no. ☞ To wind out euerie Princes treasure out of his Realme whose subiects bring in more wares than they carrie out of the Realme To make the Staple of money run thither where the rich Prince will haue it to be brought and pay for it To vnfurnish the poore Prince of his prouision of money that keepes his wares vpon interest money if the enimie will seeke it To furnish their need of money that tarrie the selling of their wares in any contract vntill they make them come to their price To take vp money to engrosse any commoditie either new come or whereof they haue some store to bring the whole trade of that commoditie into their owne hands to sell both at their pleasure For the aduancing of one Common-wealth aboue all other Common-weales TO hide their carrying away of any Princes money To fetch away any Princes fine money with his owne or any other Princes base money To take vp Princes base money and to turne into his fine money and to pay the deliuerer with his owne and gaine too To get vpon credit into their hands for a time all the Merchants money that will be deliuered and pay them with their owne and gaine too ☞ To make the Realme gaine of all other Realmes whose subiects liue most by their owne commodities and sell yearely the ouerplus into the world and both occupie that increase yearely and also their old store of treasure vpon Exchange To vndoe Realmes and Princes that looke not to their Common-wealth 〈◊〉 when the Merchants wealth in such and the great houses of one Countrey conspire together so to rule the ●xchange that when they will be deliuerers they will receiue in another place aboue the standard of the Mint of the Princes money deliuered And when they will bee takers they will pay the same in another place vnder the standard of the Mint of the Princes money taken vp To get readie money to buy any thing that is offered cheape To compasse readie money to get any offered bargaine out of anothers hands and so by outbidding the other oftentimes to raise the wares For the destruction of a Common-wealth TO get a part and sometimes all his gaines that imployeth money taken vp by Exchanges in wares and so make others trauell for their gaine To keepe Princes for hauing any Customes Subsidies or Taxes vpon their money as they imploy it not To value iustly any wares they carrie into any countrie by setting them at that value as the money that bought them was then at by Exchange in the countrie whither they be carried For the better explanation of the premisses let vs remember the description of a Banke heretofore declared Payments in Banke limited and therein obserue that great power and commaund which is giuen them by the common-wealth to incorporate moneys by the meanes of Exchanges making it to become a merchandise and to ouerrule the course of commodities Some men are of opinion that the price of Exchanges are made by an indifferent course because the Bankers at the time of the payments of Exchanges in the principall places as Lyons in France Madrill and other places in Spaine Florence and Genoa in Italie Bizanson and other places elsewhere haue a meeting and by certaine tickets in writing euerie man doth deliuer his opinion what the price of Exchange ought to be for all places then exchanging for the next Faire or time of payment And according to the same the calculation is cast vp by the Medium that is to say Exchanges cast vp by the Medium if there be seuen or more voices or tickets the said seuen are added together and the seuenth part is the Medium if there be ten then the same being cast vp the tenth part is the Medium and so for greater or lesser numbers accordingly But these men are ignorant of the Bankers obseruations for they all know how the plentie of money lyeth by Exchanges and they concur in making
the price for their aduantage and so iumpe all to one end vpon the imaginarie moneys before declared which maketh the maine ocean of Exchanges wherein the Exchanges of England are swallowed vp as a little riuer or braunch of the same taking still aduantage vpon our fine moneys and staple wares to glut vs with their forreine commodities at deere rates And hence proceedeth the Primum mobile of Exchanges Primum mobile of Exchanges which is the cause of inequalitie so much abused from the true Exchange of par pro pari and neuerthelesse admitted to be high and low vpon iust occasion aboue the same as money is plentifull or scarce or the takers of it many or few To this purpose let vs remember that about seuentie yeares past betwene this realme and the Low-countries many of their coynes although much differing in standards did in the pound or marke weight and in the verie peece and price answere the coynes of the kingdome and did containe as much fine gold and siluer as ours Equall Exchange or a true Par. and were also named and valued accordingly whereby twentie shillings here made also twentie shillings with them being a true Par. As for example     ss   ss   23 car 3 ½ The angell at 10 The Emperors royall at 10 22 car fine 22 car The French crowne 6 The Flemish crowne 6     ss   ss   11 oun 2 pennie weight Ed. crown of siluer 5 The Philip doller 5 10 ounces fine English shilling 1 Flemish six stiuers 1 Ten groats siluer with the Emperors florin foure pence 3 All these coynes are not answered in standard for weight and finenesse but are altered and inhanced by valuation to double and more as you may find by the valuations heretofore declared by meanes whereof inequalitie crept in by the rising and falling of the price of Exchange wherin our Merchants haue followed the aduice of others and lost the rule of Exchange England lost the rule of Exchange and do obserue to raise the price here when it is risen beyond the seas and we fall in price as they do fall and so the publicke measure of Exchange betweene them and vs is falsified and vntrue whereby our commodities are sold and also forreine commodities are bought This may be illustrated by a similitude for concerning the sale of our commodities we do as much in effect as if some Draper did sell his cloth at a certaine price the yard and suffered the buyer to measure out the same by the buyers owne false yard or like a Grocer that selleth out his pepper by the pound at a price agreed vpon and is contented that the buyer shall weigh it out by a weight which vnknowne vnto him is false and so loseth vnawares or getteth lesse than he made account of because the fraud vsed in the weight and measure is vnknowne vnto him Euen so is the cunning course of Exchange vnknowne vnto vs and so are our moneys exported and hindered to be imported againe * ⁎ * CHAP. X. Of the true reformation of Exchanges AS of all things and in all humane actions the beginning progresse continuance and termination or end is to be obserued for the better iudgement so by comparing them often to their principle originall not onely the disgression of it is made apparant but also the longer continuance in the same estate is thereby procured to reduce them againe to their first integritie and goodnesse For there was neuer any thing by the wit of man so well deuised or so sure established which in continuance of time hath not beene corrupted so that the matter of Exchange being made a merchandise requireth this consideration for the reducing thereof to his first principle and foundation which is the intrinsique value of coynes of countrie and countries according to weight and finenesse albeit the price thereof in Exchange doth rise and fall according to scarcitie or plentie of money proceeding of the few or many deliuerers and takers thereof in the course of trafficke not by commodities only but also by Exchanges deuised vpon moneys in nature of merchandise Herein are the three essentiall parts of trafficke so often named to be considered iointly and diuidedly for the good and welfare of common-weales The generall benefit to be preferred c. and not for the benefit of particular or few persons For albeit that the generall is composed of the particular yet it may fall out that the particular will breed a great inconuenience to the generall whereby priuate persons may reape a benefit to the hurt of a multitude or the whole common-wealth in nature of some Monopolies heretofore declared which may as well happen by ignorance as by premeditated practise For to speake ingeniously Merchants cannot enter into consideration of the quantitie of forreine commodities imported at deere rates and the natiue commodities at lesser rates exported respectiuely of former times by the disportation whereof commeth an euident ouerballancing of commodities Merchants do not regard whether the moneys of a kingdome are vnderualued in Exchange by the inhauncing of forreine coyne in other countries whereby our moneys are exported and forreine coyne or bullion cannot be imported but at an exceeding losse Lastly Merchants do not know the weight and finenesse of the moneys of each countrie and the proportions obserued betweene gold and siluer nor the seuerall differences of standards of moneys of gold and siluer a matter so necessarie for them to know to driue a profitable trade as by this booke they may now vnderstand for the common good Princes and Gouernours therefore are to direct them according to the lawes wherin the Law-Merchant must be the true guide and directer This direction must as well be established vpon the coyne of other nations as vpon the moneys of the kingdome because the payments of Bills of Exchanges beyond the seas are made by seuerall coynes vpon the valuation made thereof at the pleasure of Princes wherby sometimes the moneys of the realme are not proportionably valued according to the moneys of other countries which are therby diuerted also to be imported vnto vs For example let vs take the valuation aforesaid made in the vnited Prouinces during the gouernment of the Earle of Leicester at which time the Royall of eight was valued at fortie and two stiuers and the Rickx Doller of the Empire and also their owne Doller at fortie and fiue stiuers and the English shilling at twelue pence here being there valued at ten stiuers made twentie shillings sterling to be by Exchange thirtie three shillings and foure pence as a Par pro pari or value for value The like for Hamborough at twentie foure shillings and nine pence as hath beene noted Now fiue Royalls of eight which is at fortie two stiuers thirtie fiue shillings are valued at fortie two shillings and six pence that is to say at fiftie one stiuers and yet the Exchange is taken still at the said