the Sea is adioyning and in proprietie to bee esteemed accordingly taking their names of the Countries and Kingdomes adiacent or of their scituation as Mare Britannicum Mare Germanicum Mare Hibernicum and for scituation Mare Mediterraneum obserued by Cosmographers Historiographers and Mathematicians this is performed with the helpe of the Compasse counting of courses soundings colour of the grauell or sands and other wayes to designe Finitum ab ' iâ—finito By the Ciuile Law so farre as is expedient for the certaine reach and bounds of Seas properly apppertaining to any Prince or people wherein the Doctors of the Ciuile Law haue recorded excellent obseruations By the Law of Nation and Customes Baldus saith Vidimus de iure gentium in Mare esse Regna distincta sicut in terra Auda Ad legem 1. de ter diuisione In §. nullius in tratt de iâ—sula Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria which is one hundreth leagues of sea from their coast if they extend their protection so farre called by them Districtus maris territorium which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England Visible Markes of Dominion or where there are such rockes or eminent marks as the Washes at the West seas thereof to which purpose Paulus a renowmed Ciuilian saieth That it is not needfull for him who would possesse himselfe of any land to go about and tread ouer the same but it is sufficient to enter in vpon any part thereof with a mind to possesse all the rest thereof euen to the due marches to be made apparant by the instruments of Geometricians And the like may be designed vpon the seas notwithstanding the soliditie of the one and the continuall flowing too and fro of the other This distinction of dominion hauing continued so many hundreth yeares needeth not to be corroborated with other proofe and arguments yet let vs note obiter That if the same were not distinguished as aforesaid Cases of ciuile Law or Admiraltie one borne vpon the seas should haue no countrie or nation to appeale vnto and a man dying intestate vpon the seas should minister occasion of question to know who should administer his goods and making of a Will how the same should be proued and executed by law without approbation of some Court or Iurisdiction whereas we find many Admiralls of the seas and their seuerall iurisdictions vpon the seas as deputies to their Princes or States who are alwaies absolute Commanders in their precincts according to the treaties and contracts made betweene Princes which are in the nature of lawes and inseperable of the said Princes right on the land concerning the possession of their Kingdomes or Common-weales as the fundamentall cause of their dominion wherein discontinuance of any part of their right cannot be pleaded against them The Kings of England neuerthelesse haue beene prouident and carefull herein for Historiographers haue recorded That King Edgar one of the Saxon Kings long before the Conquest made a suruay yearely of the foure great seas Mathew of Westm. and stiled himselfe lord thereof euen vntill Norway Ranulph Cestriensis and his progresse was most towards the North. It is also affirmed Anno 973. That the said King Edgar caused an inscription to be made vpon his Tombe for a monument calling himselfe Dominus quatuor Marea and as Papinian the Iurisconsult saieth In finalibus questionibus vete ra monumenta sequenda sunt Mare Britanicum But this for the dominion of the Kings of England ouer their seas Mare Hibernicum is not needfull For afterwards William Duke of Normandie after he had subduâ—d the realme of England by conquest Mare Germanicum caused himselfe not onely to be proclaimed King Mare Deucalidon but also that all the goods of the subiects were his and so caused the land to be diuided and yet was contented to change the title of a Monarchie by conquest into a Monarchie Royall and was also Lord of the said foure seas Io Bodinus de Resp. by the former assumpsit which had then continued 200 yeares and his progresse by sea was most Westward For when Princes or Kings do stile themselues by proclamation then the continuance thereof without opposition of other princes is holden and obserued as inuiolable and permanent Now King Henrie the second succeeding William the Conqueror Graftons Chronicle within one hundreth yeares did ioine Ireland to the crowne of England and did reduce Normandie and other places in France to the crowne taking as it were a new possession of the said seas and Henrie the first euerie yeare or within three yeares at the furthest crossed ouer into Normandie hauing taken Robert Duke of Normandie prisoner In the time of King Edward the third Chro. Malmesbuâ—e there was a disputation held with France concerning the fishing of the seas about Brittaine in which it was proued to belong to England Ioh. Hayward and thereupon Fraunce disclaimed therein By ancient records and Treaties c. as appeareth by the said King Edward the third his Proclamation yet extant Which arguments and contracts are as a law effectuall And here I must remember the singular care which the right reuerend father in God doctor Abbot now Archbishop of Canturburie A rare booke remoining with the Archbishop of Canturburie and Metropolitane of England hath had in procuring at his great charges for the good of our posteritie an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same Anno 1596 and caried to Bruxels in the Low-countries whereof I haue had the perusall and made an Abstract of the Chapters of the same viz. The Treatie of Peace betweene Edward the third king of England and Iohn king of France for themselues and their eldest sonnes namely Edward the Blacke Prince of Wales and Charles Duke of Normandie Regent the French King his father being prisoner to the said King Edward which Treatie was made the eight of May 1360 in Britanie neere Chartres and confirmed at Calice whereupon sixteene Hostages were giuen to the King of England by the French King who was to come thither in person and to pay three millions of crownes for his ransome of two crownes to bee reckoned for an English noble called in King Henrie the eight his time Angell noble being some 750000 〈◊〉 sterling The ransome o' King Iohn of France The ship whereof vpon the one side did signifie the dominion of the seas whereunto old Chaucer the Poet did allude in Henrie the fifth his time This money was to be paied to weet six hundreth thousand crownes at Calice within 4 months after King Iohns arriuall there more foure hundreth thousand crownes within the yeare and so much yearely vntill the full paiment made
haue beene contented since Our comming to the Crowne to tollerate an indifferent and promiscuous kind of libertie to all Our friends whatsoeuer to fish vpon Our Streames and vpon any of Our Coasts of Great Brittaine Ireland and other adiacâ—â—t Islands so farre forth as the permission or vse thereof might not redound to the impeachment of Our Prerogatiue Royall nor to the hurt and damage of Our louing Subiects whose preseruation and flourishing estate We hold Our selues principally bound to aduance before all worldly respects so finding that Our coniuence therein hath not onely giuen occasion of ouer great encroachments vpon Our Regalities or rather questioning of Our right but hath been a meanes of much daily wrongs to Our own people that exercise the trade of fishing as either by the multitude of strangers which doe preoccupie those places or by the iniuries which they receiue most commonly at their hands Our Subiects are constrained to abandon their fishing or at the least become so discouraged in the same as they hold it better for them to betake themselues to some other course of liuing Whereby not onely diuers of Our Coasts Townes are much decayed but the number of Marriners daily diminished which is a matter of great consequence to Our estate considering how much the strength thereof consisteth in the power of Shipping and the vse of Nauigation Wee haue thought it now both iust and necessarie in respect that Wee are now by Gods fauour lineally and lawfully possessed as well of the Island of Great Brittaine as of Ireland and the rest of the Isles adiacent to bethinke Our selues of good and lawfull meanes to preuent those inconueniences and many others depending vpon the same In the consideration whereof as Wee are desirous that the world may take notice that Wee haue no intention to deny Our neighbours and allies those fruits and benefits of peace and friendship which may be iustly expected at Our hands in honour and reason or are affoorded by other Princes mutually in the point of Commerce and Exchange of those things which may not prooue preiudiciall to them So because some such conuenient order may be taken in this matter as may sufficiently prouide for all these important considerations which doe depend thereupon Wee haue resolued first to giue notice to all the world That Our expresse pleasure is that from the beginning of the moneth of August next comming no person of what Nation or qualitie soeuer being not Our naturall borne Subiect be permitted to fish vpon any of Our Coasts and Seas of Great Brittaine Ireland and the rest of the Isles adiacent where most vsually heretofore any fishing hath beene vntill they haue orderly demanded and obtained licences from Vs or such Our Commissioners as Wee haue authorised in that behalfe viz. at London for Our Realmes of England and Ireland and at Edenborough for Our Realme of Scotland Which licences Our intention is shall be yearely demanded for so many Vessells and Ships and the Tunnage thereof as shall intend to fish for that whole yeare or any part thereof vpon any of Our Coasts and Seas as aforesaid vpon paine of such chastisement as shall be fit to be inflicted vpon such wilfull offenders Giuen at our Palace of Westminster the sixth of May in the seuenth yeare of Our Raigne of Great Brittaine France and Ireland Anno Dom. 1609. By this Proclamation is his Maiesties Right and Dominion of the Seas expressed in two words by Lineall and Lawfull possession of an hereditarie Kingdome or Kingdomes whereunto those Seas are ioyned and appertaining It is not a Dominion obtained by an electiue Kingdome as Poland Hungarie and others neither is it had by any first discouerie wherein the Pope must be a mediatour as Alexander the sixth was between the King of Castile and Portugal vpon the discouery of the East and West-Indies by drawing a line vpon the Globe from the Island of the Canaries to make the diuision betweene them Neither is it like to the Whale fishing in Greeneland where some vpon their discouerie tooke neither possession much lesse had any occupation which maketh the stronger right Neither is it by gift or purchase as some Italian Princes in the Mediterranean Seas which doe neuerthelesse inioy both freedome and benefit thereby but it is vndoubted and indisputable as aforesaid To conclude this Argument The best mark of distinct dominions vpon the Seas the distinct dominion of a bordering Prince vpon the Seas is best seene by the Tribute or Taxe which hee taketh vpon fishing ships whereof we haue many presidents In Russia many leagues from the Maine Fishermen doe pay great taxes to the Emperour of Russia and in most places none but his subiects are permitted to fish and the Hollanders doe giue him the tenth fish The King of Denmarke taketh great tribute both at Wardhouse and the Sound The Kings of Sweathen haue done the like which is now continued by the King of Denmarke for Norway The Duke of Medina Sidonia taketh for Tunyne King Edward the third of England tooke six pence for euery Tun in his time which by inhauncing of the money is now 18 pence All the bordering Princes of Italy doe take tribute of the fish taken within the Mediterranean Seas for their seuerall Territories In Lappia Fishermen doe pay monyes in the Sound for passage to fetch it ouer and aboue the tenth fish The Earle of Orkney taketh the tenth fish for the Isles of Orcades vnder his iurisdiction as the Fishermen doe to the Lords of the Manors in the West parts of England for Pilchards Hake and Conger The States of the vnited Low Countries doe take an Imposition vpon fish taken within the Seas and Streames of other Princes as also neere their Coast and their subiects trafficking with the Russians as Haunce Noblett Haunce Van stracle Robert Englegraue and others do continually pay the tenth fish vnto the Emperour of Russia All which is requisite for Merchants to know to preuent troubles or losses for the pretence of ignorance doth not excuse as our Merchants of Kingstone vpon Hull haue found to their exceeding losse heretofore CHAP. XXXVI Of Customes Subsidies and Impositions payed vpon Commodities WHereas Customes Subsidies Impositions Toles Customes vpon commâ—dities due by the Law of Nations Accizes Imposts and other duties by the exemplarie actions of Princes and Common-weales are due by the Law of Nations as a matter inherent to their Prerogatiues because they are absolute Commanders in their Harbours Hauens and Ports where commodities are exported and imported euery Merchant is bound to take notice thereof and to obserue the same according to the ordinances and proceedings vsed therein in all countries respectiuely to auoid the danger of the losse and forfeiture of his commodities and to make a true calculation how to buy and sell to profit obseruing how much vpon the hundreth pounds in value of his commodities rated by the orders of diuers countries the same amounteth vnto and to adde the
inhabite in Virginia where they shall haue houses and lands for themselues and their heires for euer and their worke shall be taken from them and they shal be duely paied and that a certaine number onely shall haue this priuiledge for certaine yeares and none others to be admitted albeit the number of people doe increase wherby they may be sure of a certain beneficial liuing And no doubt they wil aduenture that little they haue to inrich their means and estate and persuade their wiues and seruants to go with them who may succeed them vpon other good conditions The like is to be done with Taylors Bakers Brewers and other handicraftes-men and so conceauing a common-wealth within themselues wil resolue and encourage many that are of some meanes to accompanie others of smaller means whereby the base minded will be brought to be also painefull and industrious in time and the charge of the vndertakers will be lesse and more commodious to prouide the voyages with facilitie The like was to be put in practise by the Hollanders in the Island of saint Thomas vnder the line but the extreamitie of the heate of that Climate did bring a disorder and the attempt was giuen ouer It is more like to be established in other places for albeit the warres in Europe will diminish the people yet most countries are populous Politicians although they are much mistaken in the number of parishes of seuerall kingdomes yet are they not in the number of the persons or inhabitants France containing by late estimation about 27400 parishes What people in France in numbers c. esteemed in 44 hundreth thousand families of fiue persons to a familie where in England six persons are accounted to be in a familie is 22 millions of persons England containing 9725 parishes 52 shires and 26 cities is esteemed in 28 hundreth thousand families of six persons which maketh 16 millions and 800 thousand persons Scotland containing aboue 4000 parishes is esteemed to haue about 1500 thousand persons or families of six persons is nine millions of persons Ireland containing 5500 parishes was esteemed not to containe the two third parts of Scotland which is now much increased The prouince of Flanders one of the 17 Netherlands esteemed to containe 140 thousand families of fiue persons is 700 thousand persons which is more than the kingdome of Denmarke being ten times more spacious Now omitting to speake of other countries Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments be it an Aristocracie or Democracie the meanes to make countries populous is thought reasonable which in Monarchies is held to be dangerous The concourse of people causeth the greater consumpsion of all things and the reuenues are great by Impositions and it giueth life to trafficke and commerce The Plantation of Vlster one of the foure Prouinces of Ireland is now verie great and the meanes to set the people on worke are to be taken in hand which may be done by a Corporation of English and Irish Merchants there inhabiting and English Merchants in England to vent the superfluities of the commodities of that kingdome and to increase the manufacture of many needfull commodities to bee made there the realme affording stuffe and materialls thereunto plentiously And here I remember a good obseruation heretofore made touching the kingdome of Ireland Why the same was not brought vnto perfect obedience to their soueraigne these 400 yearâ—s but vnder our most gratious king Iames which is attributed to the mistaking of the place of the plantation of the first aduenturers that were deceiued in their choice Fit places for plantation to be considered of for they sate downe and erected their castles and habitations in the plaines and open countries where they found most fruitfull and profitable lands turned the Irish into the woods and mountaines which as they were proper places for Outlawes and Theeues so were they their naturall castles and fortifications thither they draue their preys and stealths the lurked there waited to do euill and mischiefe for these places they kept vnknowne by making the waies and entries thereunto impassible there â—hey kept their cattle liuing by the milke of the cow without husbandrie or tillage there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues there they made their assemblies and conspiracies without discouerie but they discouered the weaknesse of the English dwelling in the open plaines and thereupon made their fallies and retraits with great aduantage Whereas on the other side if the English had builded their castles and townes in those places of fastnes had driuen the Irish into the plaines and open countries where they might haue had an eye and obseruation vpon them the Irish had beene easily kept in order and in short time reclaimed from their wildnesse and would haue vsed tillage and by dwelling together in towneships learned mechanicall Arts and Sciences This discourse may seeme strange to the Law of Merchants but when Merchants vndertake Plantations as we see they do no man will hold the same to be impertinent The discouerie of the Southerne countries called Terra Australis And for as much as diuers Mathematicians heretofore haue according to those discoueries made their maps and vpon good probabilitie affirmed and set downe Terra Australis incognita whereof discouerie hath beene made in the yeare 1615 by Ferdinand de Quir a Spanish Captaine let vs consider that many other countries may also be found out albeit this containeth a fifth part of the world for as he saieth to Philip the third late king of Spaine the length thereof is as great as all Europe and Asia the lesse vnto the sea of Bachu Persia and all the Isles as well of the Ocean as of the Mediterranean sea taking England and Island into this account seated within Zona Torrida and a great thereof reacheth vnto the Equinoctiall Circle eleuated vnto them to 90 degrees aboue the Horizon and in some places a little lesse There they liue without Kings or Lawes and know no neighbourhood either of Turkes or Moores and according to this maner of life although they want Yron and Guns they haue not need of any thing But they abound with many excellent commodities whereof the Spaniards will in time make vse especially if they be more assured of Gold there to be found as in part they are of Siluer and Pearles for these are the three most pretious darlings that lie and are cherrished in the bosome of Nature To say nothing of Spices and Drugs whereof they abound with many other commodities by the said Captaine declared And here we may not omit to remember That it is not enough to discouer countries and leaue them without plantation or at the least neglect the vse of them if Merchants do giue ouer their enterprises But it is the part of Princes to see plantations made True causes to make plantations for two maine reasons
vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull â—easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
which they doe affect Plato saith That it is a generall rule in State matters That Princes doe not only giue Lawes vnto their subiects but also by their example they do change the manners of men The example of Princes doth change the manners of men to which purpose hee doth vse the example of their King Francis the first who being hurt in the head caused his haire to bee cut off wherein the people did presently imitate him We haue seen saith he three great Princes striuing as it were who should haue the most learned men and best artificers namely the said great King Francis the first Henrie the 8 King of England and Pope Paul the third insomuch that the King of England could neuer haue the learned and reuerend Beda and the French King did pay seuentie two thousand Crownes for a Diamond rather than King Henrie should haue had it Hereupon presently the people did giue themselues to studie and to buy precious stones when the Nobilitie did imitate the King and when the King gaue ouer the same the price of them was much abated If any man should here obiect saith Monsieur Bodin that if things should still become deerer partly through the waste and partly for the aboundance of gold and siluer no man should be able to liue because of the dearth of things It is true but the warres and calamities happening to a Common-wealth doe stay the course of it as wee may note that the Romanes haue liued with scarsitie and to speake properly in want and miserie almost fiue hundreth yeares when they had but copper moneys of a pound weight Copper moneys of one pound weight and without stampe for their gold and siluer came vnto them in one hundreth and twentie yeares by the spoile of all the world which was brought to Rome by the Scipions Paul Emilyus Marius Sylla Lucullus Pompey and Caesar especially by the two last for Pompey did conquer so much land Great wealth of the Romanes as made the reuenue of the Empire to bee eight millions and a halfe of Crownes Caesar notwithstanding all his prodigalities brought to the treasurie fortie millions of Crownes hauing giuen at one time vnto Paul Consull 900 thousand Crownes to hold silence and vnto Curion Tribune 1500 thousand Crownes to take his part Marke Anthonie went further as Plutarch and Appian haue written for he gaue vnto his armie for their seruice done 200 thousand Talents being 120 millions of Crownes so did Adrian the Emperour to haue the good will of fortie Legions giue ten millions whereby appeareth great aboundance of gold and siluer to haue been at Rome but it did not last euer for in lesse than three hundreth years the Parths Goths Hercules Hongres and other cruell Nations did ouercome the Empire and all Italy and ouercame the Romanes burned their Citie and tooke the spoile of them The like doth happen vnto all Common-weales to waxe and increase by little and little and to flourish for a time in wealth and power The propertie of Common-weales and afterwards to grow old and decline vntill they bee vtterly ruinated and destroyed Touching the last cause of the dearth of things by the alteration of money hee sheweth how Monsieur Malestroit hath mistaken the matter in the monies themselues made within three hundreth yeares For whereas he saith That Saint Lewis caused the first sols to be coyned worth twelue deniers whereof sixtie foure peeces went to the marke weight of eight ounces and that in Philip de Valois his time the Crowne of the Flower de Luce without number and as good as the Crownes now was valued but at twentie sols and that afterwardes King Iohn caused the Frankes to be made of sine gold which were but valued twentie sols and that the sols of siluer was worth fiue of our sols he doth not say of what weight and finenesse the moneys were in those dayes and in conclusion hee saith That the price of things is not altered by the Valuation of moneys But if Monsieur Bodine according to his wisedome and deepe iudgement in other matters had duely considered of these two Paradoxes hee would haue made a direct answere thereunto before he would haue proceeded in his former discourse The first Paradox being considered with the second will shew a manifest contradiction or contrarietie The contratierie of the Paradoxes for the first doth consist in giuing of more gold and siluer for commodities now than in times past which hee denieth and the second in receiuing lesse commodities for the gold and siluer now than in times past which hee affirmeth which both wayes is to bee taken in nature of commutation Now if wee doe not giue more quantitie of gold and siluer for commodities than in times past how can we receiue lesse commodities for the gold and siluer and thereby receiue a losse as in the second Paradox is alleaged Againe if we doe receiue lesse quantitie of commodities for gold and siluer than in times past according to the second Paradox whereby we sustaine a losse how can the first Paradox bee true That nothing is growne deere for that wee giue no more quantitie of gold and siluer than in times past commodities and moneys lying by this comparison in an equall ballance But let vs admit that Monsieur Malestroit had an intention which hee might haue expressed in few words if hee had the true ground and vnderstood the matter hee went about by proouing onely that when moneys doe alter in weight or in finenesse or in valuation Causes of the denomination of moneys c. or in all three the price of things doth alter onely by denomination if the valuation bee made accordingly yet Monsieur Bodine had not made a good interpretation of the said Paradoxes and mistooke the true ground of the matter in question touching the prices of commodities which hee compared within themselues in the Realme of France whereas the comparison ought to bee of the inhauncing of the price of the commodities of one countrey with the price of the commodities of other countreys and thereby find out whether things are growne deere with vs or with them in effect So that they both mistaking their grounds we haue shewed in the said Treatise That they hauing lost Ariadne her line wherewith they entred into the laborinth of moneys and their properties before declared are like vnto a man who hauing lost his way amongst the woods the further hee goeth the more hee erreth from the right way To intreate therefore of commodities and money in the course of trafficke betweene Kingdomes and Common-weales is not sufficient but the exchange of moneys being the publike measure betweene them must bee regarded as the principall and ouerruling part thereof For if a man should frame a silogisme in manner following he shall find the same full of fallacies and misprision nay a verie Dilemma Nothing causeth Merchants to export more money out of the Realme than they bring
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 imâ—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 Ixâ—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 vâ—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 giâ—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
Kintalls Centeners Talents Thousands Waighs Skipponds Charges Lispounds Rooues Stones and such like The second fort of Weights is by Pounds Mina Manes Rotulus c. The third diuision of Weights doth consist in the smaller diuisions of 12 14 16 18 20 and 30 ounces to a pound and the subdiuisions thereof The Talent of the Grecians 60 Minas Talentum euerie Mana 100 Dragmes so a Talent is six thousand Dragmes 8 of them to one ounce is 750 ounces Another Talent of Greece is 16 Sestertios being 40 Minas or Pounds of 18 ounces as also of 20 ounces In Aegypt it was 32 Sestertios or 80 Pound The 50 Sestertios of Cleopatra are 125 ll In Thratia 48 Sestertios being 120 Pounds In Africa 24 Sestertios are 60 ll differing also in the pound weight Cantar or Kyntall Cantar or Kyntall or Centener called hundreths of 100 112 120 125 128 and 132 pounds The Hebrews did call Cicar to bee 50 Minas or Maneg Weighs Weighs are commonly 165 ll or 180 ll or 200 1 â— for acharge Skippound Skippounds of 300 320 340 and 400 pounds the Skippound Lyspound Lyspounds of 15 and 16 pounds to the Lyspound Rooues Rooues or Arrobas of 10 20 25 30 and 40 pound to the Rooue Stones Stones of 6 8 10 14 16 20 21 24 and 32 ll and also 40 ll as more particularly appeareth hereafter in their proper places Mixias Mixias are also vsed whereof we find mention made in some books is ten thousand and is commonly vnderstood for 10000 Dragmes of 8 to an ounce and 12 ounces to the pound Markes Besse The pound is also diuided by Markes of 8 ounces and Besse of 12 ounces euerie ounce was amongst the Hebrews 2 Sicles or Stater Sicles Stâ—ter Gerag Siclus is sometimes taken for an ounce also halfe an ounce and quarter of an ounce which is Gerag or Obolus Mina Ptolomaica is 1 ½ Rotulus which is diuided into small parts viz. 18 ounces of 12 to one Rotulus 144 Dragmes of 8 to one ounce 432 Scruples of 3 to a Dragme 846 Obulus 1296 Lupes 2592 Siliquas or Carrats Inna or Maaâ—g Mina of the Grecians otherwise called Inna or Maneg is a pound 12 ½ Ounces 25 Staters or Ciclos 100 Dragmes or Rosoli 300 Scruples 24 to an Ounce 600 Obolus 900 Lupines 1800 Siliquas 3600 Areola or Chalcos Rotulus in Arabia Siria Asia Minor Aegypt and Venice is 1 ll 12 Ounces or Sachosi 24 Septarios or Cicles 84 Deniers of 7 to an Ounce 96 Dragmes or Darchiny 288 Scruples or Grana 576 Obolus or Orlossat 864 Danig 1728 Carrats or Siliqua 6912 Kestuff The 7 Deniers make an Ounce and there were Dragmes also of 1 ½ Dragme and of 1 ½ Dragme and of one Dragme called Alby In the Low-countries the Pounds are diuided diuersly in 16 Ounces euerie Ounce in 8 Dragmes or fifths and 8 parts And in France they call them 8 Grosses the 128 make one pound In other places they diuide the pound in 12 14 and 15 Ounces Difference of Pound and Ounces whereof the Pounds and Ounces both do differ which is the cause that hereafter euerie countrie hath a declaration thereof At Bridges in Flaunders they vse Pounds of 14 Ounces The Pound weight of Bridges and of 16 Ounces whereof the 100 ll of 16 Ounces make 108 ll of 14 Ounces which Ounces of 14 to the Pound are heauier for 100 Ounces of these are 105 â…“ Ounces of the 16 to the Pound which Ounces are diuided in halfe Ounces or Loot and euerie Loot in 2 Sizayns and euerie Sizayne in 2 Dragmes or Quintes The smaller proportions and subdiuisions of other places are as followeth Italian Pounds for physicke vsed in other places also 12 Ounces 24 Loot 48 Sizaynes or Siliqua 96 Dragmes 288 Scruples 576 Obolus 1728 Siliqua 5760 Graines The said Weight of physicke is at Lyons in France as the Merchants ll 12 Ounces 96 Dragmes 288 Scruples 5760 Graines The Pound weight of Venice 12 Ounces 72 Sextulas 1728 Siliqua 6912 Graines The Pound at Paris in France 16 Ounces 128 Grosses 384 Scruples 9216 Graines In Italie the Pound is also diuided 12 Ounces 24 Staters 96 Dragmes Vienna in Austria the Pound iâ— 32 Loott 128 Quintes 512 Pennings 12800 Graines Forasmuch as it falleth out most commonly that vpon triall of an vnknowne Weight we doe beginne from the smallest Weight or Graine and so ascend to the other proportions and to the Pound by comparing the same to our Graines and diuisions of the Pound Differences of Graines which in matter of mint for gold and siluer is of great moment when the pennie weight is diuided into 24 Graines in England and in the Low-countries into 32 Grains Let vs note the great diuersitie abouesaid of 5760 Graines to 12800 vsed at Vienna and other places proportionably to their pound and consider how easily we may be ouertaken therein whereof a more ample declaration is in the mint affaires There is also a great obseruation to be had in the correspondencie of Weights of one countrie to the Weights of another countrie vpon the hundreth subtle that is to say 100 pounds euen Weight And because in England all wares of Volume or Bulck is sold some by the hundreth weight of 112 ll and some is sold by the pound as spices sugars and such like yet are weighed by the said weight of 112 ll and that moreouer there is an ouer-weight allowed called Trett which is 4 vpon the 112 ll and also 2 ll vpon euery skale of 3 hundreth weight called Cloff which is abated betweene the buyer and seller Trett and Cloffe and so there is a losse of weight by this Trett and Cloff and especially because the commodities imported are bought by the weight of forreine nations I haue thought conuenient to describe the said correspondence of Weight according to the 100 ll subtle of Antuerp being generally knowne in all places and for the Weight of London to make some obseruations particularly The correspondencie of Weight of most places of Trafficke Antuerp THe Custome of Antuerp is to weigh by the hundreth pounds euen weight called Subtle for the which commonly there is allowed at the weigh-house 101 ll A Stone weight is 8 ll the Skippound 300 ll the Weigh 165 ll the Carga or Charge 400 ll which are two Bales of 200 ll for an horse to carrie on either side and the Pound is diuided into 16 Ounces The said 100 ll weight of Antuerp weigheth in the places following London At London and all England 104 ll subtle weight and of the Kyntall weight of 112 ll it weigheth 91 ½ ll At Dublin and all Ireland also Dublin 104 ll and 91 ½ by the great hundreth At Edenburgh in Scotland 96 ll and all Scotland ouer Edenborough and 103 â…“ for 112 ll The said 100 ll make 189
Baskets are one Load and foure Bales or 400 ll is reckoned for a Diars Triall and at London they take foure Quintalls of 112 ll for a Triall to know how many short Clothes of 24 yeards it will dye which is commonly of Ilands Woad from Saint Michael 7 Clothes And at Thouloze they account that Woad of 36 Frankes or about 4 pound sterling dieth 13 Clothes Cane in France they measure by a Tub containing 8 Measures or Sackes euery Measure 120 ll is the Coope at Antuerp 1050 ll accounted for a Triall but is farre inferiour in goodnesse to Thouloze Woad Eldfoord in Germany there one great Drifatt of 1200 ll is a Triall Hoppes were wont to be sold by the Measure but now it is done by weight namely the hundreth or by a Skippound of Amsterdam of 300 ll which comming much into England from the following places is worthy the obseruation albeit English Hopps are the best The Skippound of 300 ll of Amsterdam is Bridges 13 Hoett but now measured Gaunt 23 Halsters Delft 40 Achtelings Schoonhouen 37 Achtelings Vtrecht 13 Muddes Bolduc or Hertogenbosh 8 Hoet Harlem 2 Hoet Hamborough 1½ Wispell The Measure of Sea-Coale THis measure must of necessitie bee taken vpon the Chalder of New-castle where the greatest quantitie of Coales is found They measure there by the Chalder filled vp whereof 7½ Chalders make one Last and is measured with giuing twentie one for twentie the correspondence is The Last of New-castle of 7½ Chalders is London and Yarmouth 10 Chalders Roan 100 Barrels giuing 104 for 100. Bridges and Ostend 100 Measures for Oats Dort 12 Hoet also by Waighes of 144 ll of 24 Stones of 6 ll Gaunt 144 Sackes or 24 Muddes Alst 200 Muddes Antuerp 175 Vertels Condet 44 Muys the 80 make a Cherke Zealand 68 Herring Barrels Middleborough by Waigh of 180 ll Amsterdam 13½ Hoet of 38 Measures Rules to know the goodnesse of Sea-Coales 1 TAke your Coale and hold the same ouer a candle or rather ouer a flaming fire and if the Coale doe melt as it were drop or fry then it is vndoubtedly good Coale for this is an argument of his fattie and sulphurious nature which ministreth store of food for the fire But if the same grow hard and dry ouer the flame it is a signe of a leane and hungry Coale and such as will not cake or knit in the burning 2 The brightnesse and glistering of the Coale both within and without is some argument of his goodnesse albeit that some kind of bad Sea-coale newly digged out of the Myne and brought drie in Summer time will both shew and breake faire but most commonly if it breake in the colour or lustre of Pitch it prooueth a good Coale to the buyer But without all question if the same bee of a darke duskie and dead earthly colour it is vtterly vnprofitable for him that shall spend it 3 The best and most assured proofe except the making of a fire with them wherein no man of any sense can easily be deceiued is the lightnesse of the Coales in weight This weight as in many other bodies so especially in water doth either argue his purenesse or impuritie for the lighter and cleerer waters are euer held the better and more wholesome as least participating with earth now by the weight of halfe a Pecke of the good ones kept by you triall may bee made at all times for bad Coale is much displeasing to all men Of the Weights and Measures of England COncerning weights for difference in the ounces and the pounds wee are to obserue the Troy weight Troy weight which hath but twelue ounces to the pound and Auoirdupois weight which hath sixteene ounces to the pound which are lesser ounces for these 16 ounces make but 14 ounces and one halfe and two penny weight of the ounces Troy vsed in the Mint where 136 ll Auoirdupois Suttle weight is but 100 ll Suttle Troy weight So accounted in the last Copper monyes of pence and halfe pence made for Ireland Auoirdupois weight The Troy weight serueth onely for Bread Gold Siluer and Electuaries accounted eight pound to the gallon and so by computation sixteene pound to the Pecke 32 ll to the halfe Bushell and 64 ll to the Bushell The Auoirdupois weight serueth to weigh Butter Cheese Flesh Tallow Wax and euery other thing which beareth the name of Garbell and whereof issueth a refuse or waste So 7 ll of this weight to the gallon for Wheat is 14 ll the Pecke 28 ll the halfe Bushell and 56 ll the Bushell Correspondence of the said weight The 7 ll Auoirdupois weight are one hundreth and two ounces Troy weight according to which rate the quarter of Wheat must weigh 448 ll Auoirdupois and 14 ll Auoirdupois and 16 ll 11 ounces Troy doe iustly accord or 56 ll Auoirdupois and 67 ll 8 ounces Troy where note that one penny starling is the twentieth part of an ounce Troy the halfe penny and farthing accordingly And that 7 ll 12 s. starling is 84 ounces and one halfe and two penny weight of Troy And 6 ll 18 s. starling is 82 ounces 3 quarters of an ounce and one penny Troy From the which 2 Assizes the white wheaten and houshold breads are calculated and drawne The measure drawne from the Troy weight For the wet Measure is also drawne from the pound weight Troy both by land and within shipboord as also all manner of Corne and graine that is to say The weight of twelue ounces Troy in wheat doe make a concaue or hollow measure named a Pinte and eight of the same pintes make a gallon of Wine Ale Beere and Corne according to the Standard of his Maiesties Exchequer and the Acts of Parliament 11 and 12 H. 7. But for the water Measure within Shipboord there is allowed tenne gallons to the Bushell which containe fiue Peckes The content of Caske From this Troy weight and measure is drawne also the Assize for the quantitie and true content of all manner of Caske lawfull and vendible within the Realme of England that is to say Euery Hogshead to containe threescore and three Gallons euery Tierce foure score and foure Gallons euery Pipe 126 Gallons and euery Tunne 252 Gallons Salmon Herring Eeles Soap measure There is also a measure called Salmon Butt of 84 gallons so the Barrell of Salmon 42 Gallons the halfe 21. The Herring Barrell is 32 Gallons and the Eele Barrell 42 Gallons and the halfe and Firken of both these must hold accordingly the Soape Barrell 32 Gallons The weight of Cheese and Butter There is also the true weight of Cheese and Butter called the weigh which is 112 ll Auoirdupois to the hundreth so the two hundreth is 224 ll containing 32 Cloues and euery Cloue 7 ll so the weigh of Suffolke Cheese is 256 ll Auoirdupois weight but the weigh of Essex Cheese is 336 ll The Sacke of Wooll The Sacke
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
them It is almost 40 yeares since I did maintaine diuers milnes and cutters of Diamonds whereby experience made proofe vnto me of these things which are verie considerable For the water of Diamonds is also chiefly seene in the cutting and polishing of Diamonds some being a yellow water other greenish other brownish but the difference is almost all alike if they be of one rocke that is to say they are like in the parcels as they sell them The best waters are whitish inclining to the blew which maketh the best illustration and play as some call it which sometimes will be found to be admirable in a thinne stone or feables as the Portugalls call them but the fassets must be industriously wrought which in great stones of 10 or 12 Carrats maketh them to be Paragons Paragon Diamonds that is to say in all perfection and being Piedras de muestra or stones of shew will be sold by estimation as the loue and fancie of a man will carrie the same In times past all Diamonds aboue 4 Carrats rough or vnwrought were the kings in the places where they were found which is the cause that concerning the values of Diamonds of aboue 4 Carrats cut no proportion in price is made certaine betweene Iewellers but is left to estimation according to the abouesaid properties Small Diamonds haue some proportionable price rising and falling accordingly which were set downe at Paris in France during the raigne of the French king Henrie the fourth by the Iewellers there as followeth Crownes of 6 ss euerie Carrat Of 10 stones a Car. 5. Of 9 to a Carrat 5 ½ Of 8 ½ to a Carrat 6 Of 7 ½ to a Carrat 7 Of 7 to a Carrat 7 ½ Of 6 ½ to a Car. 8 Of 6 to a Car. 8 ¼ Of 5 ½ to a Car. 8 ½ Of 5 to a Car. 8 ¾ Of 4 ½ to a Car. 9 Of 4 to a Car. 9 ¼ Of 3 ½ to a Car. 9 ¾ Of 3 to a Car. 10 ¼ Of 2 ½ to a Car. 11 Of 2 to a Car. 12 Of 2 ¼ gr the peece 12 ½ Of 2 ½ gr the peece 13 Of 2 ¾ gr the peece 14 ½ crowns the Car. Rough Diamonds called Bruits Of 3 Graines 16 ½ the Carrat Of 3 ¼ Graines 17 Of 3 ¾ Graines 18 ½ Of 1 Car. the peece 19 Of 4 ¼ Graines 19 ½ Of 4 ½ Graines 20 Of 4 ¾ Graines 21 Of 5 Graines 22 Of 6 Graines 24 Of 7 Graines 26 Of 8 Graines 30 Of 9 Graines 34 Of 10 Graines 40 Of 11 Graines 45 Of 12 Graines 50 Of 16 or 4 Carrats 60 By this estimat it appeareth that a Diamond of 4 Carrats brute or vncut is set downe 60 French crownes which is 18 ll sterling for it is vncertaine what may be diminished of the weight by the workemanship of it Diamonds cut and polished So that in the Stones cut and polished there is more certaintie whereof the price was likewise proportionably set down as followeth Of ½ a Graine 20 shillings ster Of ¾ of a Graines 25 Of one Graine 40 Of 1 ¼ Graine 50 Of 1 ½ Graine 60 Of 1 ¾ Graine 80 Of 2 Graines 100 Of 2 ¼ Graines 120 Of 2 ½ Graines 150 Of 2 ¾ Graines 9 ll 0 0 Of 3 Graines 12 0 0 Of 3 ¼ Graines 16 0 0 Of 3 ½ Graines 20 0 0 Of 3 ¾ Graines 24 0 0 Of 4 Gr. or one Carrat 30 0 0 Of one Carrat ¼ 33 0 0 Of 1 ½ Carrats 36 0 0 Of 1 ¾ Carrat 40 0 0 Of 2 Carrats 60 0 0 Of 3 Carrats 100 0 0 Of 4 Carrats 200 0 0 All which prices may alter from time to time according to the vse of precious Stones vpon accidentall causes of the mariages of Princes and great personages to be done proportionably As if the Diamond of a Carrat should rise 20 in the hundreth then all the other sorts accordingly and so also in the falling of the price by greater quantities Diamonds of yellow water which giue lustre extraordinarily by candle-light are more in request in Germanie and some places in Italie where the browne Diamonds are also desired But in England France they are worth ⅓ part lesse which is according to the aboue said prices that Diamonds are now worth with vs also The Diamond of a full Carrat being a perfect Table and yellow is worth 20 ll sterling The pointed Diamonds which in regard of their natural proportion hauing lesse wast in the cutting heretofore sold better cheape than the Table Diamonds are now deerer and more esteemed About this time of the abouesaid estimation these Diamonds of the Sortes following Brute Diamonds at Lixborne were bought rough or brute at Lixborne   ll s. d. Of 10 peeces to a Carrat 1000 reis or 0 12 6 the Carrat Of 9 to a Carrat 1200 reis 0 15 0 Of 8 to a Carrat 1400 reis 0 17 6 Of 7 to a Carrat 1600 reis 1 0 0 Of 6 to a Carrat 1800 reis 1 2 6 Of 5 to a Carrat 2000 reis 1 5 0 Of 4 to a Carrat 2400 reis 1 10 0 Of 3 to a Carrat 3200 reis 2 0 0 Of 2 to a Carrat 4000 reis 2 10 0 Of one Carrat nayfe 6000 reis 3 15 0 Of one Carrat flat stones 5000 reis 3 2 6 The cutting of them was 10 and 12 ss for euerie Carrat in those daies There is a rule for cut Diamonds aboue 5 Carrat A Diamond of 10 Carrats is 10 times 10 which is 100 so at 25 pound a Carrat is worth 2500 pounds To multiplie the weight of them within it selfe and then by the price of one Carrat to value the same as in the margent appeareth by the said rule after 25 ll the Carrat Rubies are found for the most part in a riuer called Pegu being of the best kind and finest and are called Nuncuplo of a high colour without any spots and cleane Rubies also the hardest and coldest vpon the tongue as the Indians say They are sold by the Corcia or score of 20 peeces by a weight called Fanan The Rubie of one Fanan for 10 Pardaos or Ducatts is 50 ss ster If they be not perfect the price must be considered as in the Island of Zeilan where great quantities are found of a fleshie colour esteemed but ⅓ in value called by the Indians Manecas which being mundified by the fire are made Carbuncles Carbuncles There is also found in Pegu another kind called Spinella with vs Spinella and by them Caropus esteemed at half the value of Rubies And in the like estimation were another kind found in Balassia and so called Balassia much like vnto the colour of a rose Saphires in the Island of Zeilan the hardest are best Saphiers and of azure colour Topasies in the same Island of colour like beaten gold Topasies the hardest are best and were sold for their weight
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
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 â—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 Biâ—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 Qâ—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 Contrâ—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 Penaltiâ—â— 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
also dangerous to fraight vnknowne ships which may be subiect to other mens actions and that in many places where wind and weather may command them to enter for ships are properly reputed amongst moueables Quia non sunt immobilia Of shipwrights Here the ship-wrights or builders of ships are an especiall sort of persons to be considered and respected called by the Grecians Naupegi who are subiect to the iurisdiction of the Admiraltie and to render an account of their skill and knowledge in the building of ships to make the frame thereof comely and strong tith and durable or else pay the penaltie to be imposed vpon them for all costs and damages therefore they are to prouide good materialls and refuse to take bad stuffe as Aller Beech trees and such like spungie timber for salt water whereunto Merchants must haue a speciall regard and looke that no greene timber be put in the worke but such good Oake as hath beene cut downe either at the wane of the Moone and in the deepe of Winter or at such times as experience proueth wood to be most sollid and durable for being cut in other seasons and dried vp it becommeth open to receiue the water and consequently the aire which is the cause of putrefaction in all things vegitable Concerning yron they are also to haue a care it be not brittle and that all be performed with great care Shipping being the walls of the kingdome of England and ship-wrights are forbidden vnder paine of treason to communicate or make their art knowne vnto enemies or barbarous people Nauigation dangerous From shipping let vs come to Nauigation of the necessarinesse whereof no man euer doubted and whose perills are alwaies eminent insomuch that Anacarsis said That trauellers on the seas were no further from death than so many ynches as the timber of the ship was thicke or broad according to the saying of the Satyre Digitis à morte remotis quatuor aut septem si sit latissima tâ—da Whom Bias the Phylosopher would neither reckon amongst the liuing nor those that had life infused And he was esteemed to commit a great error that would bring any goods by sea which he might transferre by land whereof more hereafter No man can be prohibited to saile on the maine sea albeit in some places where the waters are as royalties vnto them it be prohibited as the Venetians do in the Adriaticke lake and other Princes and Common-weales in their iurisdictions and commands which hath beene obserued time out of mind and is taken for a most ancient prescription If a ship bound for Venice doe enter into the Riuer of Lixborne and there deliuer some goods or merchandises and afterwardes entring into the Straights of the Mediterranian Sea be driuen by contrarie windes to some other place or Island in the said Seas and then make after that his discharge at Venice Sayling from Port to Port. all this time of the voyage is but one Nauigation and the Master of the ship hath committed no fault and done his endeuour if hee did depart from his first Port at the appointed time by the Charterpartie limited But for as much that wee haue alreadie intreated of his duties to the Merchant let vs in the next Chapters remember Nauigation with the communitie of the Seas and now make an abridgement of the Imperiall Sea-lawes of the Haunce Townes CHAP. XXXIII An abridgement of the Imperiall Sea-lawes of the Haunce Townes made in the yeare 1614. HAuing alreadie in the precedent Chapters declared the Sea-lawes generally obserued in all Countries and that in compendious manner I haue thought good neuerthelesse to abridge in this place the Imperiall Sea-lawes of the Haunce Townes as they haue beene reuiewed and exactly set downe by the Magistrates of all these Haunce Townes at an assembly in the famous Citie of Lubecke the 23 day of May 1614 vnder 15 Titles in seuerall Articles as in the margine is declared No man shall set forth or cause any ships to bee builded in any of our said Townes vnlesse hee bee a Citizen Of the building of ships or haue obtained leaue of the Magistrate No Master of a ship shall vndertake to build a ship in their parteners absence vnlesse he doe it at his owne charges and be able to set her forth alone vpon paine of halfe a Doller for euery Last to bee payed the one halfe to the Magistrate and the other halfe to the poore The Master of a ship is to conferre with his parteners and to conclude of what burthen the ship shall be built and in what manner to be done all in writing and if it bee found bigger to pay two Dollers for euery Last c. The Master hath no power to enlarge the building of a ship after she bee at Sea vnlesse it be vpon great necessitie to aduance the voyage and for her safegard otherwise all the charges of it shall bee his owne The Owners Parteners or the Masters of ships shal haue no power during the building of the ship to giue away any of the materialls or victualls of the ship but to bring the same to account vnlesse all of them doe agree thereunto otherwise they are not to be payed for That with their generall consent some two or more persons bee appointed to buy all which shall bee requisite to the building of the ship and prouision and they to deliuer an exact account of it by particulars c. Of the owners or parteners of ships and Masters The Master of a ship which hath beene formerly for others at the Seas shall not bee imployed by others vnlesse hee produce a testimoniall that he is discharged from the Owners in decent manner vpon paine of fortie Dollers A Master being entertained is forthwith to bee assured by the Owners of his wages whereby hee may bee able to deale with his Mariners And the said Owners are to doe their indeuour to make good on their parts what shall be necessarie for the voyage All Owners are to cause good accounts to be kept and to deliuer vpon the finishing of them publike writings and testimonialls of the Masters good behauiour and discharge of his vndertaking vpon paine c. If the Owners of a ship cannot agree with the Master as is fitting they may by generall consent make choice of another and pay the said Master his wages and discharge him and if hee haue any part in the said ship they are to pay him for the same according to iust appraisement Of the Masters office Euery Master of a ship is to haue knowledge of the Compasse and to be able to gouerne and direct the same and to hire his Mariners accordingly or in default thereof to bee punished for his presumption and vndertaking To prouide Mariners of experience and that the ship be not ouerladen nor too light laden but haue his due ballast and to haue his Cabin and ouerlop cleare That hee bee on shipboord euery
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King Eâ—ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Hollâ—ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guiccâ—arâ—in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertâ—ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
for Merchants credits and reputation for that Merchant which in the storms of aduersitie sheweth to be a good pilot deserueth great commendation of the care and endeuours which he vseth to preuent the ship-wrecke of his reputation and credit especially with a good conscience which will be vnto him a continuall feast although the seas be turbulent for he is armed with patience and not destitute of comfort and on the contrarie those that like cowards become carelesse of their credit or being of an euill disposition seeke to defraud their creditors and to inrich themselues by their breaking paying little or nothing they do not onely deserue a name of defamation but ought to be met withall by some seuere punishment by the Law Seuerepunishment of Bankrupts It is not long since namely in the yeare 1602 that there was a Merchant at Roan in Fraunce who together with his sonne and a Broker had confederated to buy great store of merchandises vpon their credit of purpose to breake and to inrich themselues which being knowne made them to be apprehended and the court of Edicts did proceed criminally against them as theeues to the common-wealth whereof they were also conuicted and all three of them hanged in the market place obseruing that the reprehensiue Prouerbe Dat veniam Coruos vexat censura columbas was to be remembred To punish the small theft or litle theefe and to suffer the great theefe to escape which is vnreasonable The statute against Bankrupts The Statute of Bankrupts made and prouided by our law against Merchants and Citizens only was done to a verie good intent if it were executed accordingly with due consideration of the qualitie of persons and their behauiour But some can preuent the meanes of suing forth the same and so breake the strength of it as easily as a Spiders webbe whiles plaine dealing men are laid hold of that haue an honest intention to pay euerie man according to their abilitie present or future as God shall enable them for Vltra posse non est esse But these well meaning men are oftentimes hindred to performe their honest intentions by the hard and obstinate dealing of some of their creditors to the vtter ouerthrow of them their wiues and children and the generall losse of all the rest of the creditors these men therefore are to bee ouerruled by the Lord Chaunceller who may compell them to bee conformable with the other creditors according to the Customes of Merchants in other countries and there hath beene in times past during the Raigne of Queene Elizabeth Commission for the reliefâ— of prisoners a Commission granted vnder the great Seale of England for the reliefe of distressed prisoners in the prisons of the Fleet and the Kings Bench which Commission if it were renewed for the reliefe of the one and finding out of the other would worke much charitie and contentment to the subiects Howbeit to preuent these extreames is more commendable for many Merchants and Shopkeepers doe flourish and become rich againe if their creditors be fauourable vnto them and doe pay euery man to the full Therefore are the Letters of Licenses deuised amongst Merchants Letters of License giuen to debtors which are as a Pasport for the persons and goods of the debtors giuen by the creditors by way of couenant that they shall not for and during such a time or terme of yeares trouble or molest the persons and goods of the said debtors nor cause to bee molested arrested or troubled vpon paine and forfeiture of their said debts to be pleaded in Barre against them for euer as a full paiment of the same For the better encouragement and to retaine men in their duties The Custome of Merchants concurring with the course of the Ciuile Law herein Restauration of credit doth make a restauration of credit to those that pay their debts to the full notwithstanding their losses which they haue sustained and they may haue a publication made of it by way of intimation to all men vpon the Exchange or other publike places for a perpetuall remembrance to posteritie of their honest religious and commendable endeuours and behauiours to the honour and credit of their house kindred or good descent which is more especially regarded in Spaine A gentlemans priuiledge in Spaine where a Merchant or Cittizen being decayed in his estate and hauing payed according to his abilitie yea although hee doth not pay at all shall be freed from all arrests and troubles touching his person if he make proofe that hee is a Gentleman by birth which extendeth so farre that all Merchants Strangers may haue and inioy the like priuiledge vpon Certificate made by any that is Ambassadour and agent for their countrey who commonly will doe it vpon the verification of it by the Heraulds or otherwise which causeth men not to degenerate in vertuous actions although aduerse fortune playeth her Tragedie which they ouercome with constancie and magnanimitie The said Statute against Bankerupts is made vpon verie great consideration which lieth not against a Gentleman so that to call a decayed Gentleman a Bankerupt although he haue had dealing in the world beareth no action at the Common Law vnlesse hee were a Merchant or Shopkeeper c. Commissioners for the Statute of Bankerupts The Commissioners appointed by the Lord Chanceller vnder the Great Seale to execute this Commission of the Statute of Bankerupt must be Councellers at the Law ioyned with some Citizens or Merchants which are to seize of the partie which by the said Commission is proued to be a Bankerupt all goods debts chattels and moueables into their hands and to appoint one or two of the creditors to be Treasurer of the same which is afterwards to bee distributed by the said Commissioners vnto all such as they shall find and admit to be right creditors to the partie and with his priuitie and consent vpon such specialties bookes or accounts as they shall produce and be made apparant vnto them which must bee done within foure moneths after the date of the said Commission The contents of the said Statute For if it bee after the foure moneths expired they may exclude any creditor if they see cause so that the said distribution shall be done to those only which haue beene admitted within the said time according to their seuerall principall summes due vnto them without any interest for the forbearance since the specialtie was due or any forfeiture howbeit charges in Law expended for the debt shall be by them allowed according to their discretion So likewise is it in the discretion of the Commissioners to admit any creditor to come in where the partie was suretie for another if that partie be likewise decayed For it is vsuall for interest money that two or three are bound together and the collaterall Bonds which they giue each to other to saue harmelesse are to be considered both by the said commissioners and the creditors It is
also prouided by the said Statute That whosoeuer shall bee found to haue voluntarily yeelded to any arrest or his bodie to prison and so remaineth in prison for and during the time of sixe moneths thinking by that imprisonment to free his goods and to deceiue his creditors against him may the said Commission bee sued forth and executed accordingly for hee is to bee taken for a Bankerupt according to the said Statute and if the partie bee at libertie against whom the said Statute of Bankerupt is taken out the said Commissioners may if they see cause commit him to prison and giue him some allowance for his maintenance And of all their proceedings there is a Register appointed by his Maiesties Letters Patents vnder the Great Seale of England to record the same vntill the Lord Chanceller doe dissolue the said Commission by a Supersedeas Definition of the word Decoctor The Ciuilians are copious in the description of this Argument and haue attributed vnto this kind of people the name of Decoctor which is deriued from the word Decoquâ— as it were to consume the substance of things by decrease and euaporation of boyling ouer the fire otherwise called disturbers or consumers of other mens goods in the course of trafficke Neuerthelesse they doe obserue great distinctions betweene these persons as in the Treatise De Decoctoribus made by Benuenuto Straccha appeareth And the Definition of Bankerupts is three manner of waies distinguished First When a man becommeth insoluent by losing his goods and other mens by fortune mischance and casualtie which man is not taken to be infamous by the Law indeauouring to make satisfaction as he can Secondly When a man by wasting spoyling and viciously giuen consumeth his owne and other mens goods and hee by the Law is infamous Thirdly When a man is decayed partly by wasting and spoyling of his owne and other mens goods and partly by misfortune and accidents and this man is taken to be infamous if he be vicious Hereunto I may adde the fourth and most vile person who inriching himselfe with other mens goods breaketh without iust cause and onely of purpose to deceiue men according to the aforesaid example of Roan Albeit I am of opinion that the said Ciuilians haue left them out of the number to bee criminally punished as theeues to the Common-wealth by the magistrats or princes authoritie as the Banker of Florence was who breaking for many millions of ducats made a suddaine and deceitfull composition with his creditors for the one halfe and did pay them in readie money which being vnderstood by the great Duke hee caused his processe to bee made instantly and thereupon hee was executed also accordingly which was good iustice and is to be done by the Magistrates and not by the creditors Punishments of Bankrupts As of late yeares one of Genoa in Italy did vnto a debtor of his whom he knew went about to deceiue him for great summes of money whereupon hee caused a Chayre to be made and called the partie to his house and intreated him to sit therein which being made with certaine engines did suddenly so gripe and claspe in his said debtor that hee was compelled to pay him or it might haue cost him his life True it is that in Russia a man hath leaue to beat or to haue his debtor beaten vpon the hinder parts of the legs if he cannot pay and therewith is he discharged which is not so cruell as to keepe him alwayes in prison and make him to indure a lingering death wherein the vndoing of wiues and children are made partakers vniustly Concerning fraudulent dealers the Law is That by making Cession they shall not bee relieued and may bee apprehended in the Church whereas a free-man cannot bee arrested or taken in the Church but may be vnto him a place of refuge If hee bee found a fraudulent man by his bookes of account then any bargaine or sale made two or three dayes before his breaking by goods sold good cheape may bee recalled and auoyded and in like manner if he pay one man after his breaking the same may be taken to be done in fraud of all the other creditors and may be recalled for the generalitie So goods bought by him before breaking if they be found in esse may be claimed by the Seller to his particular vse and payment againe All coniectures of fraud may bee augmented and aggrauated against the fraudulent man according to the saying Semel inuentum decies factum If any man do breake in partnership the partnership is ipso facto dissolued by law but the credit of the other remaineth paying the debts of the partnership Also any commission giuen by him for the partnership is void instantly howbeit if a Factor by ignorance of his breaking haue caused his commission to be followed that which is done doth bind the Master and shall excuse the Factor Suspitious Debtors A debtor suspected by others may be touched before moneys be due and the creditor may attach some of his goods or pawns which is the cause that the writ of Latitat out of the Kings Bench court may be serued vpon them to find sureties for their apparance at the returne of the writ before the Iudges of the said court But the lawes in diuers countries do verie much differ in the proceedings and execution of these fraudulent men A question for suretiship Here ariseth a question Whether a Suretie can pretend to be discharged if the Creditors haue made or agreed with the Principal for a longer time of payment and the Principall breaketh The answer is That if he knew of the new agreement of the said partie for a longer time he is liable thereunto otherwise being bound as a Suretie for a time limited he ought to be cleered at that time or to make suit or demand to haue his satisfaction of the Principall as also of the Suretie which being neglected doth in equitie discharge the said Suretie the reason is because if the Suretie do break at or before the time of the payment the Creditor may demaund another Suretie in that mans place which is broken wherein the law is verie indifferent And this is the cause that diuers Lord Chauncellours of England for moneys taken vp at interest vpon bonds were of opinion That when the said moneys are continued or prolonged at interest the bonds should be renewed and the counter-bonds also and not to leaue the old bonds for many yeares to be vncancelled for it doth oftentimes happen vpon occasion of absence of some of the parties that a new bond is sometimes sealed and the old not taken in which breedeth contention for the new bond being made the old is void and yet may be vncancelled and also put in suit by some executor or administrator ignorant of the other new bond taken for the same and paied long before Albeit herein it seemeth there is more reason not to make new bonds howsoeuer diligent
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 preâ—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 â— 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 Caâ—dan and others That there be scarse 120 seuerall kinds and not much more of the fowlâ—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
heretofore accounted two Carrats for an ounce of Siluer And all moneys of Gold and Siluer do participate of this finesse according to their substance which maketh their standards thereafter whereby the sterling standard containeth eleuen ounces and two penie weight of fine Siluer and eighteen pennie weight of Copper and our Angell Gold holdeth twentie and three Carrats three graines and one halfe and halfe a graine of Allay as shall be hereafter more amplie declared together with the proportion betweene Gold and Siluer Let vs now speake of the properties of Moneys in the course of Trafficke and make the effects thereof apparant The propertieâ— of Moneys The first propertie is That plentie of Money maketh generally all things deere and scarcitie of Money maketh generally things good cheape whereas particularly commodities are also deere or good cheape according to plentie or scarcitie of the commodities themselues and the vse of them Money then as the Bloud in the bodie containeth the Soule which infuseth life for if Money be wanting Trafficke doth decrease although commodities be aboundant and good cheape and on the contrarie if Moneys be plentifull Commerce increaseth although commodities be scarce and the price thereof is thereby more aduanced Nay by Money a trade is made for the imployment of it both at home and abroad For those countries where things are good cheape are destitute of trade and want Moneys and although things for the bellie are good cheape there is lesse benefit to be made by Merchants According to plentie or scarcitie of Money then generally commodities become deere or good cheape and so it came to passe of late yeares that euerie thing is inhaunced in price by the aboundance of Bullion and Moneys which came from the West-Indies into Europe which like vnto an Ocean The Ocean of Moneys hath diuided her course into seuerell branches through all countries and the Money it selfe being altered by valuation as aforesaid caused the measure to be made lesser whereby the number did increase to make vp the tale being augmented by denomination from twentie to sixtie or of those latter yeares from fortie to sixtie So that plentie of Money concurring herein made euerie thing deerer and especially the forreine commodities as we haue noted before which caused some men to be of opinion That our Moneys should be more inhaunced as it were striuing therein to exceed other nations wherein they are farre from the marke Alteration of Mâ—ney altereth the price of things for if that were done not onely all the forreine commodities would be deerer but also our home commodities howbeit onely in name The like would happen if Moneys were by allay of Copper imbased as experience hath proued in the time of King Henrie the eight and of latter yeares in the realme of Ireland so that we see the Prouerbe to be true That the vnknowne disease putteth out the Physitians eye The plentie of Money required must be not with a consideration that we haue or may seeme to haue more moneys than in times past but according to the present great quantitie and aboundance of Moneyes now found in all countries which in effect haue more proportionable part thereof than England hath Neither was Money more plentifull when an ounce of Siluer was valued but twentie pence iudging of Money as we do of Commodities either deere or good cheape according to the price for Money must be still the measure and ouerruleth the course of Commodities Howbeit Exchange of Moneys is predominant ouer Commodities and Moneys as shall be declared hereafter The second propertie of Money proceeding from the operation of Vsurie deuised thereupon The operation of Money by the rate of Vsurie whereby the measure is ingrossed and also falsified is That the rate of Vsurie is become the measure whereby all men trade purchase build plant or any other waies bargaine and consequently all things depending vpon the premisses are ruled and gouerned accordingly as in the Chapter of Vsurie Politicke is declared to the decrease of Trafficke and Trade Moneys will haue substanall value really The last propertie of Money is to haue an internall value in substance whereupon the Exchanges of Money are grounded in so much that in countries where the transportation of Money is prohibited and Merchants Strangers and others are commaunded to make their returnes in Commodities or by Exchange if the Moneys be base or of Copper the value in Exchange will be made accordingly to the vtter ouerthrow of all Commerce for Moneys will haue substantiall value Thus much for an Introduction concerning Moneys Now let vs beginne from the originall of Mettalls and so descend to the Particulars and Accidents * ⎠* CHAP. I. Of the Essence or Existence of Mettalls ALl Philosophers by the light of Nature and long obseruation haue determined that the sperme or seed of all things created of the foure Elements doth in a secret manner lowre within the two Elements of Water and Earth and that Nature doth continually worke to produce perfect things but is hindered therein by accidentall causes wâ—ich are the begetters of corruption and imperfection of all things whereby we haue varietie of things which are delectable to the spirit of man Herein they obserue the operation of the Sunne and Moone Vegitatiue Sensitiue and Rationall and the other Planets and Starres in the generation of all things which either haue a Being or Existence as the Elements haue or a Being and Life as vegitable Trees or Plants or a Being Life and Sense as Beasts Birds and other liuing creatures or a Being Life Sense and Reason as Man hath and all reasonable creatures which knowledge and wisedome no doubt the holy Prophet Moses did learne amongst the Egyptians Acts 7.22 But had these Philosophers read the * Genesis Booke of Moses of Creation and Generation they would not haue ascribed the guiding and conducting of all naturall things to the two Leaders namely the Starres and Nature Hence it procedeth that amongst vegitable things which haue a Being and Life they reckon all mettalls which haue their beginning from Sulphur and Mercury Tanquam ex patre matre which meeting and concurring together in the veines of the earth doe ingender through the heat and qualitie of the Climate by an assiduall concoction according to the nature of the earth wherein they meet which being either good and pure or stinking and corrupt produceth the diuersitie of the mettalls of Gold Siluer Copper Tin Lead and Yron in their seuerall natures and hereupon they haue assigned them vnder their distinct Planets to bee beneuolent or maleuolent The Planets of Metalls as Lead vnder Saturne Tinne vnder Iupiter Yron vnder Mars Gold vnder Sol Copper vnder Venus Quickesiluer vnder Mercury and Siluer vnder Luna So Mercury or Quickesiluer is one of the seuen mettals which being volatile and by his volubilitie running with euery one is in nature as they are either good or euill And howsoeuer they
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 â— 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 Compaâ—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 greatâ—st reuenue of the West-Indies 5 millions Teasted siluer
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 Qâ—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 Yorkâ—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 oâ— 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 Ciuâ—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 Blackâ— 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 workâ—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
accordingly The double Guilder of Albertus tenne ounces 15 pennie weight and 14 â…— peeces The single Guilder the halfe and quarters of the same finenes and peeces accordingly The peeces of foure two and one Stiuer since 1590. The peeces of eight Ryalls of Spaine of eleuen ounces foure pennie weight and 13 ½ peeces The said peeces made at Mexico in the Indies eleuen ounces fine and 13 â…” peeces The Lion Doller of the Prince of Orange of nine ounces fine and thirteene peeces The siluer Ryder of Guilders and Frize-land correspondent with the States Doller of nine ounces The Dollers of Guelders and Vtrecht tenne ounces tenne and twelue pennie fine and thirteene peeces The great siluer Royall of the States correspondent with the Phillip Doller The 1 20 part of the said great Royall with the Arrowes accordingly The Doller of Zealand with the Eagles of nine ounces fine and 13 ½ peeces The Edward Doller of England of eleuen ounces two pennie weight fine and 11 ¾ peeces The Doller of Scotland with the crosse Daggers eleuen ounces two pennie weight fine and 11 ¾ peeces The Marke of Scotland eleuen ounces two pennie weight fine and 54 peeces The Doller of Frize-land coyned 1601 of nine ounces fine and 13 ½ peeces Coynes made of meere Copper THe Ortgens whereof foure make one Stiuer and two the halfe Stiuer The Duyts also foure make one Stiuer The Negenmannekens the eight make a Stiuer and foure the halfe Stiuer The three Mites whereof eight peeces to the Stiuer is 24 Mites The sixteene pence Hollandts make one Stiuer and eight the halfe Stiuer For other Copper Moneys read the fifth precedent Chapter of Moneys Error of Triall peeces for the Standard So I doe conclude this Chapter with an errour committed in the making of the Standard Triall Peeces vsed in most Kingdomes and States to charge the Mint-masters to make the Moneys by wherein they doe not proceed according to the Rule of Arithmatike by obseruing true weight and finenesse For if it bee appointed to make a Standard peece of tenne ounces fine they will take certaine ounces of fine Siluer and Copper proportionable thereunto and melt them together and being made into a plate of Siluer diuide the same into three equall parts to be deliuered one to the King another to the Warden and the third to the Mint-master and hereof are Assayes made both of this peece and the moneys and so compared together As if a man should take eleuen ounces two pennie weight of fine Siluer and eighteene pennie weight of Copper both in weight and melt them together making twelue ounces by weight and neuer weight them after they bee commixed But say this is sterling Standard whereas the weight both of the one and of the other doth proportionate the Standard by weight for in regard of the waste of copper this is better than Standard and ought to bee made exactly so that the peeces also are to be correspondent to the pound weight for the foundation riseth from hence as in the following Chapter appeareth CHAP. IX Of the Valuation of Moneys and the Proportion betweene Gold and Siluer VAluation of Moneys is the Spirit which giueth life vnto coynes for without it weight and finenesse are in the nature of Bullion or Materialls This Valuation is twofold Two fold is the valuation of moneys the first is done by publicke authoritie of Princes and States whereby the peeces of coynes are esteemed at a price certaine both for Gold and Siluer to go currant for that value within their kingdomes and dominions the second is the Valuation of Merchants by way of Exchange betweene vs and other nations which is predominant and ouerruleth the former as heretofore hath beene touched and now will be proued The Kings or Princes Valuation is effected three manner of waies Kings valuation viz. by inhauncing the price of the coyne by Proclamation secondly by embeasiling the standard of money by allay and thirdly by altering the proportion betweene Gold and Siluer The Merchants Valuation is also effected three manner of waies Merchants valuation viz. by the price of Exchange for moneys rising and falling from time to time by the tolleration of the coynes at a higher rate betweene them and by the combination with Mint-masters inhanceing the price of the Marke of Gold and Siluer Of all these in order briefely The Kings Valuation is deriued or drawne from the verie peece or peeces made out of the pound weight of twelue ounces or the marke of eight ounces which the Romans did call Nummus à numerando to tell or reckon by The Saxons gaue it the name Pfemimg or Pennimick in Ducth from whence the word pennie is deriued for they cuttâ—ng twentie peeces out of the pound Troy of twelue ounces made twentie pence euerie way that is to say twentie pence in weight twentie pence in value Weight and finesse both alike with the number of peeces and consequently diuiding the finenesse also by twentie pennie weight and euerie pennie weight in twentie and foure graines which was the auncient sterling standard of Osbright the Saxon King seuen hundreth yeares past which Valuation so continued vntill King Edward the third and vntill Henrie the sixth and then was valued at thirtie pence the said ounce and continued vntill Edward the fourth The ounce of siluer aduanced because of the inhancing of money beyond the seas and then valued at fortie pence and so continued vntill King Henrie the eight and then was valued at fortie and fiue pence and so continued vntill Queene Elizabeth who after the decry of the base money made by King Edward the sixth which King Henrie his father had caused to be coyned did restore the sterling standard to her great benefit by valuing the said ounce at sixtie pence or 5 ss inhauncing the same one full third part so that one of those pence became three pence by valuation and Gold was raised according to the proportion of eleuen of fine Siluer to one of fine Gold or eleuen of standard Siluer to one of Crowne Gold which valuation of Siluer hath continued hitherto with little alteration But beyond the seas there hath been great inhancing both for the coynes of siluer and gold as wel in Fraunce as in the Low-countries and Germanie to Englands incredible losse as is at large declared in our * The Canker of Englands Common-wealth Treatise of Exchange This daily inhauncing beyond the seas began in the time of King Henrie the eight who went about to reforme the same but afterwards finding that if he should inhance his price of moneys likewise they would still aduance theirs more and more he began but moderately and whereas the Angell Noble so called was at six shillings eight pence Angell Noble inhanced he â—aused the same to be valued at seuen shillings and foure pence by a Proclamation in the eighteenth yeare of his raigne and within two moneths after at seuen shillings
a regard to the qualitie of persons was duely obserued albeit the lender of the money could haue taken more when the borrower would giue it to serue his occasions without this precise obseruation of the qualitie of persons A matter considerable now adayes since the West-Indies haue beene discouered whereby the currant of moneys is diuided into many countreys and runneth also according to occasions and the Policie of States and Merchants Difference of the rate of Vsurie For the tolleration and permission to deliuer money at Interest doth differ in the rate in most countreys taking in one place more and in another lesse according to the trafficke and Merchants deuises A Policie by plentie of money In Poland Lituania Prussia and other countries adiacent when they do abound in corne money is commonly verie scarce and the price of corne thereby much abated at which time they will rather tollerate or proclaime the moneys to be inhanced in price or to be deliuered at interest after fifteene twentie and sometimes twentie and fiue vpon the hundreth for a yeare or a lesser time hereupon presently great store of money commeth from all places thither which maketh the price of money to rise Afterwards when many ships are laden and the fleet departed from Amsterdam and other places then the interest beginneth to fall accordingly In the Low-countries it is lawfull for a Merchant to take twelue vpon the hundreth for the yeare and after the rate for the longer or shorter time within the yeare But this rate may not be exceeded vnlesse it be vpon some conditions of casualties or aduenture The Romanes and Grecians made a difference as hath beene noted according to the law of Iustinian But the taking of one in the moneth was most vsuall because Merchants were the most lenders And this twelue pro centum is to be vnderstood also to be Interest vpon Interest wherein equitie is to be obserued Interest vpon Interest for this twelue pounds being deliuered out againe vnto another is pro rata as beneficiall as the 100 ll principall Albeit in case of damage when matters between men are growne litigious and depending in suits then the courts of Equitie will account the whole time for the forbearance of the money according to the yeres past without any Interest vpon Interest Polititians or states-men are to haue a serious consideration of the operation of this Vsurie politicke Vsurie a measure of mens actions as a propertie inherent vnto money because that according to the rate of Vsurie men do measure all their actions by trade and trafficke or purchase build plant and bargaine in all things accordingly And vsurie is so inherent and doth properly grow with the decay of trafficke The decay of trade increaseth Vsurie as pasturage doth increase with the decrease of tilling Whereupon the following considerations are to be handled as matters of moment especially in kingdomes and common-weales which haue no gold or siluer mines of great value but aboundance of forreine commodities returned for the great plentie and quantitie of their home commodities wherein the high continuall rate of Vsurie may proue more preiudiciall than the abouesaid policie of Poland Lituania or other countries can be beneficiall vnto them For we see that generally all Merchants when they haue gotten any great wealth with vs leaue trading and fall to Vsurie the gaine whereof is easie certaine and great whereas in other countries Merchants continue from generation to generation to inrich themselues and the state as we find diuers renowned families in Germanie Italie Spaine and other countries There was this last yeare a Tract against Vsurie presented to the high Court of Parliament of England Anno 1621. shewing the inconuenience of the high rate of Vsurie after tenne in the hundreth in comparison of the lesser rate of sixe in the hundreth taken in the Low-countries where money is so plentifull and vpon this difference is a certaine operation of Vsurie noted to be predominant ouer vs both in our trade and other affaires First it is alledged that by reason of the high rate of Vsurie Reasons against the high rates of Vsurie not onely rich trades-men giue ouer trade but a number of beginners are vndone and discouraged thereby their industrie seruing but to inrich others and begger themselues Secondly that many trades thēselues are decayed thereby because they cannot affoord so great a gaine as ten in the hundreth whereas if the rate of Vsurie were no higher than in other countries they had subsisted and flourished still and perhaps with as much aduantage to the publicke as those that do bring more to the priuate aduentures which ought to go together or else the common good of the State is seldome greatly aduanced Thirdly that by this disaduantage betweene six and ten in the hundreth other nations and especially our industrious neighbours do out trade and vndersell vs for they almost double the vse allowed which we cannot by paying ten in the hundreth wherby also all contributions to the war works of pietie and glorie of State are better cheape to them than to vs as also the buildings of ships or hiring of them and all other things Fourthly that aboue all the rest it maketh the land it selfe of smal value causing the same to be sold so good cheape that men doe not seeke by industrie any more to improue them which is plaine both by example and demonstration For we see in other countries where the vse of money is at a low rate lands are generally sold for thirtie fortie and some for fiftie yeares purchase being the best assurance and securest inheritance which men haue and therefore bearing still a rate aboue money which would increase if the rate of Vsurie did decrease and consequently labourers wages and other dependances thereupon which are therein more amplie declared the scope of all tending to haue a moderation in the price of Vsurie Obiections to the moderation of the rate of Vsurie Hereunto are certaine obiections also alledged and their answeres to maintaine the rate of Vsurie at ten in the hundreth with vs in England albeit other nations take but foure fiue and six in the hundreth or 6 ¼ which is called rent after the pennie sixteene for sixe times sixteene and one fourth maketh a hundreth after the manner of the Low-countries The obiections are few in number First The long continuance of ten in the hundreth and things are well enough Secondly That sodaine changes are dangerous Thirdly That money will sodenly be called in and the borrowers be much preiudiced Fourthly That money will be harder to come by and commerce much hindered And lastly That Merchant Strangers money now going here at vse will be carried away againe if the rate of Vsurie should be called downe Answere to the obiections The answere to the first and second obiection is That the practise of Vsurie hath not beene so generally vsed as it is now when mens
followers and subiects with better pay Worthie of perpetuall remembrance is that noble Prince King Henrie the seuenth Notable example of King Henrie the seuenth who in his singular wisdome and pollicie knowing how Princes are subiect to bee wronged by their officers in the disposing of their treasure by fraudulent and deceitfull accounts which either by ignorance or otherwise by conniuence do passe did himselfe with great facilitie take an inspection in all his Exchequer Accounts by an abstract of the said Accounts entred in a booke by some experienced and skilfull man in Accounts whereunto his highnesse did subscribe his royall signature before the Officers vpon good certificate made to the Lord Chauncellour could haue their Quietus est passe the great Seale of England And the faid King was pleased many times to enter into particular examination of some of the Accounts whereby he did strike a terror into the hearts of the officers so that they became more carefull and durst not commit any fraud or deceit by combination or tolleration but his treasure was duely administred and preserued This Signature of the Kings in the said booke is extant to be seene in his Maiesties Exchequer Prouidence of the French King Henrie the fourth Vrgent necessitie caused the late French King Henrie the fourth when he was King of Nauarre to be present in the disposing of his treasure in so much that afterwards in possessing the Diademe of all France and calling to remembrance his former obseruation by comparing things to their first principles he found that of euerie French crowne being sixtie soulz which his coffers should receiue there came not aboue the fourth part de claro vnto him Whereupon by rooting out of corruption deposing of needlesse officers profitable emptions of things necessarie and by wise disposing of them he brought è contrario three parts of euerie crowne vnto his coffers and did in progresse of time accumulate a verie great treasure and yet did he increase officers fees according to the alteration of time which by accidentall causes had made euerie thing deerer Factors Accounts Thus much obiter Now if a Merchant be also a Factor for others in the buying and selling of Commodities deliuering of Moneys at interest and by dealings in Exchanges and Râ—changes hauing factoridge allowed vnto him for the same according to the manner of Merchants some more and some lesse as they agree betweâ—ne them the difference in keeping other mens Accounts with whom they haue any correspondence is but small for if it be for goods or merchandises sold they will intitle the Account Goods of the Account of such a man do owe vnto Cash such a summe paied for Custome and Charges or if it be for goods bought he will do the like and discharge the Accounts by making the said Merchant Debitor or Creditor for it is as the said Accounts require which he doth also charge with factoridge or prouision for his sallarie and therfore all Factors keepe a particular Account to know what they haue gotten by factoridge or prouision at the yeares end and then they charge that Account with their charges and all such expences as they haue been at and the remainder is posted to Capitall as in the Account of Profit or Losse whereupon some others do bring their charges and expâ—nces and so carrie all the prouision to Capitall or Stocke Herein euerie man may vse his pleasure for this manner of Account affoordeth many distinctions all which seuerall branches or members of Account may be brought to make vp the the compleat Bodie for by the dismembring of an Account Dismembring of Accounts separating euerie thing in his proper nature you are inabled to find out many errours and intricatenes of Accounts by reducing the Bodie of it to his perfection In this place may be expected a declaration of the seuerall coynes or calculation of moneys wherein the Bookes of Merchants Accounts are kept beyond the Seas But because the same is founded vpon the seuerall exchanges betweene Countrey and Countreys I haue thought good to referre the same in the proper place of exchanges hereafter following and to conclude this Second Part of Lex Mercatoria with that notable question made by the Ciuilians A Question made by Ciuilians about Bookes of Account Whether a Merchant or a Banker keeping two Bookes of Account the one concerning the moneys of his Banke and the other touching trade of Merchandise for wares shall bee censured alike for such moneys as hee oweth vnto his Creditors So that the Creditors after his decease shall all stand in equall degree to be payed either in the whole or in part if the Bankers estate bee not sufficient for the payment thâ—rof Herein the Iudges of Merchants do make no difference but the Ciuilians haue made a great distinction therein and they say That the Booke of the Banke is more to bee credited than the other For saith Benuenuto Straccha the Booke of the Banke was kept publikely and the other as it were secret to himselfe so that the Creditors of the one are to bee distinguished from the other as being two negotiations and to bee dealt therein according to their seuerall natures and the meanes thereof extant with such considerations as may bee incident thereunto To declare my owne opinion I say That the Canon and Ciuile Law making no distinction in the payment of the Testators Debts betweene moneys owing for wares or for interest there ought not to be any difference in the nature of the debts in regard of the Bookes of Accounts * ⎠* The End of the Second Part. THE THIRD PART OF LEX MERCATORIA OR THE Ancient Law-Merchant concerning Exchanges for Moneys by Billes of Exchanges compared to the Spirit or Facultie of the Soule of TRAFFICKE and COMMERCE HAVING in the First and Second Part of this Booke intreated of the Bodie and Soule of Trafficke namely Commodities and Moneys Let vs now handle the predominant part of the course of Trafficke which is the Exchange for moneys by Bils of Exchanges for forrain parts compared to the Spirit or Facultie of the Soule For as moneys do infuse life to commodities by the meanes of Equalitie and Equitie preuenting aduantage betweene Buyers and Sellers so Exchange for moneys by Bills of Exchanges being seated euerie where corroborateth the Vitall Spirit of Trafficke directing and controlling by iust proportions the prices and values of commodities and money as shall be declared Many men cannot well discerne the distinction of the Spirit in sundrie matters because man consisting of Bodie and Soule that which belongeth to the Spirit is comprized vnder the name Soule but if they be willing to vnderstand the necessarie distinction heereof reason in the Theoricke Part will demonstrate the same in the Practike Part of this discourse of Exchanges Saint Paul in the later end of his second Epistle to the Thessalonians wished a sanctification to their spirits and soules 2. Thess. 5.23 and
shillings or seuentie two pence and 72 ½ pence for the said French Crowne in Exchange when the Crowne in specie is paied him in France for seuentie fiue soulz The like consideration are we to haue of the Dollers of Germanie of the Polish Guilders or Florins and all other coynes inhaunced aboue the Par of Exchanges heretofore calculated amongst Merchants and especially with the admittance of Princes The operation heereof in the course of trafficke is of verie great moment more than in times past when the difference was not so sensible which made me to compare the same vnto the serpent Aspis which stingeth men in such sort that they fall into a pleasant sleepe vntill they die which is meant by particular persons whose estate is consumed by running vpon Exchanges Or like vnto the crueltie of the Planet Saturne which maketh his spherecall course in thirtie yeares with great operation although wee doe not so sensibly perceiue his motion which is meant in the reuolution of State affaires in progresse and continuance of time CHAP. XI Of Attachments and Arrest THE Common Law of England doth not vse the course of Attachments as is vsed by the Custome of the Citie of London which was borrowed from Merchants actions obserued in forraine Countreys and was thereupon by Custome here established it being a readie way whereby men may secure themselues of present meanes if they doubt of their debtor For if the creditor do know any debts or goods belonging vnto his debtor he may instantly vpon a specialtie to be exhibited vnto the Magistrate haue authoritie to attach the said debts and goods in the hands of any person where he findeth the same onely Priuiledged places excepted or Ecclesiasticall persons in most places To this Attachment if the partie doe appeare and put in baile either by himselfe or his Atturney then the Attachment is ipso facto void and declaration being put in dependeth in Court vpon the said baile and if no declaration bee put in the next Court day or within three dayes then the said baile is likewise discharged by the said Custome albeit this is not so duely obserued as the Customarie Law of Merchants requireth But if the partie doe not appeare and the Attachment doe proceed three Court dayes or three defaults to be entred then for the fourth default judgement or sentence is giuen that hee who did make the Attachment shall recouer the said debt and goods and take the same into his owne possession vpon good sureties to be put into the Court to answere the value thereof within one yeare and a day in which time the proprietarie may disreason the said recouerie by disprouing the other parties surmises or allegations prouing that the specialtie was paied whereupon the Attachment was grounded For the Attachments beyond the Seas cannot be made vpon any pretended Action but must bee done vpon a Bill of debt and many times the Magistrates will sequester the goods or debts into their owne hands to auoid incertainties of honest dealings Besides Merchants will be aduised before they make Attachments because both the Ciuile Law and Customes of Merchants doe impose great damages vpon the partie if hee haue made his Attachment without iust cause to the ouerthrow of the other parties credit And moreouer if it be vpon debts appearing by specialties or Bills Obligatorie it may fall out that the said debts are transferred or set ouer vnto other Merchants according to the Custome heretofore mentioned whereby the propertie is altered I remember a case of mine owne that happened aboue twentie yeares since which concurreth with the matter in hand A Merchant being indebted vnto me by a Bill Obligatorie the summe of 800 ll payable at six moneths was perswaded by a friend of his with whom I had some differences and controuersies of accounts to suffer an Attachment to be made in his hands of the said moneys by the Custome of London vpon promise made vnto him That he would giue him long dayes of payment for the said moneys whereupon my Debtor appeareth to the said Attachment and did acknowledge the said debt of 800 ll relying vpon the long dayes of paiment and he that made the Attachment did proceed in the Law and had judgement thereupon making no doubt to obtaine execution accordingly Being aduised by learned councell in London Attachments to be remoued after judgements wee suffered him so farre to proceed and then we did speake in Arrest of execution and brought a Writ of Certiorare out of the Kings Bench vnder the hand of the Lord Chiefe Iustice putting in speciall baile in London to satisfie the judgement The record was remoued to the said Court of Kings Bench and there wee did put in other baile and vpon that brought a Supersedias into London and discharged our especiall baile and by the Law the said Attachment and all proceedings were made void and this Merchant was taken Pro confesso and ordered to bring the money instantly into the Court whereas he had yet six moneths for the payment the interest whereof was 40 ll whereby the Prouerbe tooke place Fallere fallentem non est fraus Here the Law did preuaile against Custome but in another like matter of attachment Custome hath preuailed against the Law One being indebted vnto another the summe of one hundreth pounds payable at a certaine time it came to passe that the Creditor went ouer beyond the Seas before the money was due the cautelous Debtor vpon vntrue surmise to defraud the Creditor made attachment of this money in his owne hands by the Custome of London and put in sureties to bee answerable for it for one yeare and a day according to the manner and order of the Court in which time the said Creditor was to disreason the said pretended debt but the Creditor being beyond the Seas and ignorant of these proceedings came ouer after the expiration of the yeare and a day and the Debtor had judgement vpon the said attachment and execution awarded vnto him in his owne hands The Creditor being now come ouer demanded his money the other denied to owe him any in briefe the Bill was put in suit at the Common Law the Debtor did plead the said judgement and recouerie in London and by that practise and fraudulent meanes defeated his Creditor and being done by Law it is taken to be no cousenage to be punished by the Starre-chamber or other Courts onely the partie is A.K. Touching Citizens or Merchants arrests beyond the Seas there is a Custome that no Officer may arrest after Sun set No arrest to be alter Sun set such therefore as goe abroad but at those times are said to Fly with the Owle by a common Prouerbe and it is hoped by the said Custome that the Debtor may by hauing accesse at some time vnto his Creditor compound with him and preserue the good opinion and credit wherein hee liueth and thereby not onely haue meanes to recouer himselfe but also be
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 Artificersâ— 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
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
coynes which is of late yeares established to preuent the inhancing of coyne and yet it cannot be sufficient to preuent the said incertaintie of the price of commodities If the standards of the said moneys were by allay of copper altered much lesse would the aduice giuen that Merchants accounts should no more be kept in liuers and soulz but in French crownes to hinder the inhauncing of moneys which in some countries is secretly practised to bee done of meere policie when by publicke authorie it is forbidden and might be effected as within the realmes of England Scotland and Ireland and other his Maiesties dominions where the moneys are not inhaunced betweene man and man and remaine currant according to their price vntill the kings authoritie doe alter the valuation by Proclamation albeit by exchange it is not so and therefore according to my third Paradox we shall find That the imaginarie moneys in exchaunge doe ouerrule the substantiall moneys in specie The third Paradox For the Merchants valuation of moneys in exchange doth ouerrule the Kings valuation of moneys within the realme For when the King hath valued the shilling peece at twelue pence Merchants vndervalue the same in exchange at 11 ½ d and 11 d not only in the price of exchange but also receiuing beyond the seas the inhanced moneys aboue their values and not valuing of them in exchange accordingly as before hath been obserued concerning the valuation of moneys and the imaginarie coines or rather moneys wherupon exchanges are made for so many seuerall places The late Earle of Donfermelling Lord Chancellor of Scotland did propound vnto the Kings maiestie in the yeare 1610 Proposition of the Earle of Donfermelling a certaine proposition touching the inhauncing of gold his lordship being of an excellent iudgement in mint affaires That the French crowne of the Sunne which went neuer in England to vse his owne phrase all Queene Elizabeths time aboue six shillings English money went now for seuen shillings and three pence and that the English double soueraign of twentie shillings went in France for eleuen francque or twentie two shillings and that both waies there had bin no alteration in the standard Whereupon he did demand in writing what was the cause of the said difference or alteration if this proceed said he from the goodnes of the gold that it is better in finenesse and allay or in weight or from the weakenes of the siluer that it be worse than it was either in finesse allay or in weight then is the cause intrinsick and substantiall and may be easily considered and resolued if it bee good or euill to be intertained maintained and set forward or reiected and stayed from all further course if there be any other cause or reason it must of force bee extrinsicke and accidentall let the same bee searched out if it bee good to the Prince and estates weale and commoditie it should be assisted and continued if it be tried euill proceeding from the policie and craft of trades-men tending onely to priuate gaine and commoditie preiudiciall to the Prince and State to be gainestood and expelled This proportion being sent vnto mee by a great personage then in high place was made plaine by demonstration to proceed of an accidentall cause by aduancing the Valuation of gold partly in England when Crowne gold was valued from fiftie fiue shillings the ounce to three pound and partly in France when they did aduance the French Crowne in specie fiue soulz aduising therewithall that to remedie the same it was not to bee done by inhauncing of our gold still more and more but in the price of exchange betweene France and vs otherwise wee should vnderualue too much the siluer of the Realme to our exceeding losse shewing withall how easily this might bee done without alteration of the proportion obserued betweene gold and siluer for most places But the contrarie was approued and Crowne gold was more inhaunced to sixtie six shillings the ounce by two seuerall Proclamations Nouember 1611. which hath proued the losse of our Siluer in bullion or weightie coyne daily breeding greater inconueniences by the want of our moneys which by reason of the vndervaluation in exchange and not by vndervaluation in specie are continually exported none imported but diuerted by gaine for other places as hath beene declared All which commeth to passe for want of true iudgement and experience in mint affaires with the consideration of the said Essentiall parts of trafficke so often mentioned whereof I hope that in generall meetings for the publicke more regard will be had to the end it bee not recorded of vs as it hath beene of some Parlements in Fraunce that in populi republica sententiae numerantur non ponderantur and then we shall be said to vnderstand the Par by right distinction betweene the actiue and passiue Pâ—ys 3. lib. ca. 3. Aristotle saith that Action and Passion are meerely Relatiues and that they differ no more than the way from Thebes to Athens and from Athens to Thebes let vs discerne therefore the one from the other and we shall find that as the Liuer Money ministreth spirits to the Heart Commodities and the heart to the Braine Exchange so doth the Braine Exchange minister to the whole Microcosme or the whole Bodie of trafficke Let the Heart therefore by the Liuer receiue his tintured Chylus by his owne Mouth and Stomach and the Bloud full of Spirits shall fill all the Veines and supplie the want of moneys the easie course and recourse of whose Exchange shal bring all things in tune serue all mens turnes For euen as there are two courses obserued of the Sun Two courses of Exchange like the two courses of the Sunne the one annuall and the other by dailie declination rising and going vnder within the Aecliptique line euen so must we obserue in Exchange two courses the one according to par pro pari or value for value the other rising or falling from time to time as hath beene sufficiently declared whereof the said Aristotle Seneca nor Cicero nor any other Phylosopher or Orator could take notice in the infancie of trade Exchange not being then inuented neither do we find that any Temporall or Ciuile Lawyer hath entred into this important studie for the welfare of kingdomes and Common-weales by the rule of Equalitie and Equitie hitherto To conclude therfore this Paradoxicall discourse I cannot omit to doe the same with another Paradox by me obserued in the making of moneys of gold and siluer namely That a man may commixe Bullion to make a certaine standard of moneys either of gold and siluer A very strange Paradox and after the commixture made shall alter the standard and make the same better or worse without putting any allay or siluer and gold vnto it That is to say I will melt downe eleuen ounces and two pennie weight of fine siluer and eighteene pennie weight of copper both one pound Troy