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
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
subiect to be numbered by Ages Yeares Moneths Daies Houres Minutes and their diuisions and subdiuisions wee cannot in this place omit to particularise concerning the same albeit it may be thought inconuenient to touch the obseruation of the period of Monarchies and Common-weales Periods of Monarchies Common-weales made by some Authors which by many important reasons may be amplified Some distribute the whole ages of the world into three parts ascribing to euerie age 2000 yeares which procâ—edeth from that common opinion of Elias a certaine Rabbin or Iew affirming that the world should stand 6000 yeares and then be disolued of the which they reckon 2000 yeares before the Law 2000 yeares vnder the Law and 2000 yeares vnder Christ which shal be shortned for the elects sake which opinion hath beene receuied by diuers godly fathers supposing that as the world and all things therein was created in six daies So the same should endure 6000 yeares taking each thousand yeares for a day according to the saying of Saint Peter 1. Pet. 3. That one day before the Lord is as a thousand yeares and a thousand yeares as one day In this supputation is some reason for from the beginning to Abraham with whom the first couenant was made and to whom the law of circumcision was giuen wee find to be neere 2000 yeares Of the ages of the world and likewise vnder the law vntill Christ about 2000 yeares and now vnder Christ is aboue 1620 yeares reckoning towards the last 2000 yeares Augustin writing of these ages diuideth them into sixe and reckoneth the first age to be from Adam to Noah the second from Noath to Abraham the third from Abraham to Dauid the fourth from Dauid to the captiuitie of Babylon the fifth from the Captiuitie to Christ the sixt and last vnder the kingdome of Christ vntill the end of the world Others there be that doe distribute the same into foure according to the nature of foure kinds of mettals the Golden Siluer Brasse and Iron Ages alluding to the Prophecie of Daniel of the foure Monarchies Others doe account the same by thousands or millinaries according to certaine obseruations of 6000 yeares in the alterations of things Others doe calculate according to the ages of men supposing 100 yeares for an age and so now being 56 ages and more the number 60 or before the end of the world shall come But let vs obserue the true computation of the Church most generally approoued hitherto Computation of ages by Scripture and reckon from the Creation vntill Noah 1656 yeares when hee entred into the Arke and from the Flooâ— to Abraham 367 yeares and from the departing of the Israelites out of Egypt 430 yeares and from the departing to the building of the Temple by Salomon 430 yeares and from that time to the eleuenth yeare of King Zedekiah deduced by Scripture is 427 yeares So the whole summe of these yeares commeth iustly to 3360 yeares Hereunto 70 yeares being added of the captiuitie of Babylon is 3430 yeares which are 790 Sabbaticall yeares of seuen yeares euery Sabbaticall yeare without any odde number and from that time vntill Christ there is no momentarie difference by Historicall account whereof vnderstanding Merchants ought to bee informed all men take pleasure of this obseruation in their Almanacks From the Creation of the World Aâ—no Domâ— 1620. vntill the last yeare 5582. From the said Creation vntill the Flood 1656. From the said creation vntil the Birth of our Sauior Christ 3962. Since Brute did enter the Iland of Great Brittaine 2727. Since the building of the Temple by Salomon 2649. Since the building of the Citie of Rome 2371. Since the captiuity of Babylon 2258. Since Iulius Caesar was slaine 1669. Since the Birth of our Sauiour Christ vntill the last yeare 1620. Since the Conquest of England by Duke William 553. Since the beginning of the raigne of King Iames the first of that name of England vntill the 24 of March 1620 is 17 yeares compleate but currant 18. Concerning the yeare there are many obseruations Of the seueral beginnings of the yeare and euen of the seuerall beginnings of it And let vs note Obiter that the bodie the soule of man consisting in the bloud hath 365 veines as residences agreeable to so many dayes of the yeare All our Almanackes or Kalenders beginne the yeare from the first day of Ianuary albeit this beginning differeth in many other countries which is conuenient for Merchants to obserue The Astrologians begin at the entrance of the Sun in Arijs which is the 21 of March at 12 of the clocke at noone The old Romanes did begin their yeare ab Hieberno solstitio The Egyptians and old Iewes from the 21 of March with the Astrologians Those of Asia and India ab aquinoctio Autumnali being the 23 of September at 12 of the clocke at noone The Grecians of the longest day of the yeare The Venetians of the first of March The Spaniards from the Annuntiation of the Virgin Marie the 25 of March as England Scotland and Ireland The Portugals and the East-Indies Barbarie Preste-Iohn the 29. of August Moses by Gods commandement ab equinoctio verno which is Easter according to which Easter day Easter day was ordained vpon the full Moone being the foureteenth day of the first Moone after the Sunne entred into the signe of Aries which is also vsed in Aegypt Afterwards in the yeare of our Lord 328 the Councell of Nice did ordaine Easter day alwaies to be vpon the Sabbath day or Sunday next after the full Moone And the Bishop of Alexandria made thereupon a list according to the Circle or Golden number of the Moone beginning from the figure 1 vntill number 19 for that in 19 yeares the Moone maketh her compleate reuolution concurreth with the Sun And if the number did fall out vpon a Sunday then the Sunday after was Easter day The List appointed for Easter day according to this abstract which is now altered by ten daies vpon the alteration of the Kalender by Pope Gregorie the 13. Golden numberâ— 1. The 5 of Aprill 2. The 25 of March 3. The 13 of Aprill 4. The 2 of Aprill 5. The 22 of March 6. The 10 of Aprill 7. The 30 of March 8. The 18 of Aprill 9. The 7 of Aprill 10. The 27 of March 11. The 15 of Aprill 12. The 4 of Aprill 13. The 24 of March 14. The 12 of Aprill 15. The 1 of Aprill 16. The 21 of March 17. The 9 of Aprill 18. The 29 of March 19. The 17 of Aprill Reuolution of the Sunne and Moone The yeare being exactly calculated according to the course of the Sunne or Reuolution in the Zodiake through all the twelue Signes consisteth of 365 daies 5 houres 49 minutes and 16 seconds And the reuolution of the Moone in her going course is 27 daies and about 8 houres and in her returning course about 29 daies and one halfe
found prettie store of Pearles and the climate being colder maketh the colour of them to be dimme albeit I haue seene some very faire and pendants also The small Pearle is also very wholesome in medicinable Potions Of the Commodities of Great Brittaine England THe Commodities of Great Brittaine containing the Kingdomes of England and Scotland and the dominion of Wales are rich and Staple wares and very aboundant with a continuall increase namely Woollen Clothes of all sorts broad and narrow long and short called and knowne by the names of seuerall Shires being 250 thousand Clothes made yearely besides the new Draperies of Perpetuanaes and the like commodities Tinne wrought and vnwrought aboue twelue hundreth thousand pounds yearely Lead transported and vsed aboue eight thousand Fodders euerie yeare Allomes made in aboundance aboue seuen hundreth Tunnes yearely Copperas made according to the quantitie vsed some 250 Tunnes yearely Yron of all sorts setting 800 Furnaces on worke Yron Ordnance or cast Pieces according to occasion made Wools and Woolfels and Calfe skinnes in great quantitie and Conie skins Stockins of all sorts of Silke Wooll and Yarnsey Yearne and Woolls Buffins Mocadoes Grograines Sattins Calamancos Veluets Worsteds Sarges Fustians Durance Tukes and all other Norwich wares and Stuffes Saffron the best that can be found in any countrey Glasse and Glasses of all sorts Venice gold Sea-coale and Salt Scotland Scots-coale Wheat Barley and all kind of graines in both Kingdomes Linnen Cloth and all Ironmongers wares Hides Tallow Leather drest and vndrest Trayne Oyle Salmons Pilchards Herrings Hake Conger Red-Herring Hops Woad Butter Cheese Beere Salt-peter and Gun-powder Honny and Wax Alablaster and many other Stones The Commodities of the Kingdome of Ireland are Ireland VVOolles Felles Yarne Furres Flax Linnen Cloth Hides Tallow Hempe Honny Wax Herring Cods Hake-fish Salmonds Eeles Ruggs Mantles Irish Cloth Pipestaues Yron and Lead Wheat and all kind of graine Salt-beefe Butter and Cheese and many Manufactures The Commodities of the Kingdome of France are WInes Prunes Canuas Linnen cloth Salt Veluets Raw silke France and diuers stuffes of Silke Buckrames Boxes with Combes Paper playing Cards Glasse Graine to dye Rozen Wheat and all kind of Graine corne The Commodities of Spaine and Portugall are WOols Madera Sugar Almonds Wines Oyles Anny-seeds Spaine and Portugall Anchoues Bay-berries Bariglia Figs Raisons Traine-oyle Yron Oranges Leamons Sumacke Saffron Soape Coriander Cork Licoras Woad and the commodities of the West Indies Sugar of Brazill Fernandebucke Wood Tabacco and other commodities The Commodities of Italy and certaine Ilands VEnice Gold Veluets Sattines Cipres Silkes Italy Cloth of Gold and Siluer Cottones Fustians Wines Currans Cloues Rashes Rice Sarcenets Raw Silke Allomes and Vitrioll Glasses and other Manufactures The Commodities of Germany and places adioyning WOolles Argall Steele Latine Copper Yron̄ Germany and all kind of Manufacture made of them Copperas Allomes Lead Fustians Paper Linnen cloth Quick-siluer Bell-mettall Tinne Renish Wines and Mather The Commodities of East-land and thereabouts AShes Bowstaues Cables Canuas Buffe-hides Flaxe Hempe Eastland Honny Wax Stock-fish Spruce Yron Match Wheat Rye Meale Woolles Waynscott Pitch and Tarre and Linnen cloth Cordage and Ropes The Commodities of Denmarke and Norway and Sweaden WHeat Rye Woolles Deales Clap-boord Pipe-staues Denmarke Norway Sweaden Masts Waynscot Copper Timber Fish and Furres Allomes in some places The Commodities of Russia Russia TAllow Hides Caueare aboundance of rich Furres Blacke Fox Martins Sables and the like Honny Wax Cables Ropes and Cordage The Commodities of Barbary Barbary GOat skinnes Almonds Dates Aneale Gumme Feathers Salt-peter Gold plentifully and from Guynea Hides Oliphant teeth and Graine The Commodities of the Low Countries Low Countries TApestrie Battery worke Steele Cambrickes Lawnes Hoppes Mather Butter Cheese Grograines Bozatoes Chamblets Mocadoes Brushes Tape Linnen cloth Pots Bottles Wheat Rye Salt Chimney backes Blades Horses Soape Fish Herrings Cods Ling and many things as Diaper Smalt Hoopes of Yron The Commodities of the West Indies FRom the Low Countrie beginning the West India Trade let vs set downe the commodities of it seeing that the States of the vnited Prouinces haue made lately a Societie of Merchants bearing date the ninth of Iune 1621 wherein other Nations may be aduenrors as by their letters Pattents appeareth prohibiting all other their subiects or inhabitants that they shall not trade from the said countries nor out or from any other kingdome and countrie whatsoeuer Letters Pattents for the West India Trade by the States c. vnto the coasts and countries of Africa from Tropicus Cancri along to the cape of Bona Speranza neither in the countries of America from the South end of Magellanes le Mary and other straits to the straits of Anian on euery side Noua Guinea included vpon forfeiture of the ships and goods and all their possessions within their iurisdiction and command and arrests of their persons vnlesse they be of the said Company made and established for the West India Trade Gold and Siluer Cucheneale Sugars rich Indico Donnigo Ginger Pearles Emeraulds Hydes Campeche or Logwood Salsaparilla Tabacco Canafistula Cocos-wood Lignum vitae Cottonwooll Salt and some other druggs for Physicke or dying of Stuffes And this may suffice for a declaration of the principall commodities of most countries CHAP. VIII Of Commutation or Bartring of Commodities WE haue compared Commodities vnto the bodie of trafficke which did vphold the world by commutation and Bartring of Commodites before money was deuised to be coined whereof we are now to intreate For commutation barter or trucke of Commodities was first effected in specie by deliuering one Commoditie for another according to the commodious and behoofull vse of man so that one did deliuer so many measures of Corne for so many measures of Salt as was agreed vpon another so many pound of Wooll against so many pound of Pepper Sugar or other commodities an other so many peeces of such a commodity for such a commodity or so many Hides for one barre of Yron or so many peeces of Siluer vncoyned but weighed and exchanged as yet is vsed in some places of America Barbarie and Guynea and other countries This may be properly called an exchange of commodities or rather a permutation of commodities albeit the Ciuilians when there is scarcitie of Gold and Siluer in a countrie and when the commodities in value surmount the money paied for them they do call that a permutation and denie the same to be an emption by their distinctions how soeuer this manner of commutation or barter was made by number weight and measure of commodities in kind but moneys being inuented and valued by the publicke authoritie of princes according to their seuerall stampes or coyne and by common consent made Publicae Mensura or the publicke measure to set a price vpon euerie thing This commutation barter or exchange of commodities for commodities was and is since that time made
a summe of money of the owners of a ship in consideration that he fraighteth the said ship for a voyage promising to repay the said money at the returne of the said voyage if the said Factor haue fraighted this ship for another mans account this Merchant is to haue the benefit of this money during the time and if the Factor conceale the same he is to repaire the damage thereof which is to be considered both for the interest and aduenture of the seas for the said owners beare the same and it is supposed that the Merchant would haue assured so much the lesse or by imploying that money towards the lading of the ship he should disburse to much money lesse to make the said voyage and it may be thought that in regard of that money the fraight is made the greater whereof the said owners of the ship haue had a consideration by disbursing the same Assurance If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage and haue moneys in his hands to pay for the Premio or the price of assurance and this Factor doth neglect the same and giueth no notice of it to the Merchant who might haue made assurance in another place and the said ship or goods do perish at the seas this Factor is to answere the damage vnlesse he can giue some sufficient reason for the non-performance of the said order or Commission Composition made without order If a Factor hauing made assurance vpon goods laden which afterwards are taken by the enemie maketh any composition with the assurers for the same without order or Commission for it he is to answere the whole assurance to the Merchant A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London himselfe dwelling at Antuerpe and being a subiect to the king of Spaine in the late warres caused 2000 ll to be assured at London vpon the said goods the ship and goods was taken by the Gallies of Sicilia and brought to Palermo where it was proued that the goods did appertaine to the King of Spaine his subiects but that there was 2000 ll assured at London by English Merchants their enemies in those daies pretending thereupon to take the said goods for forfeited or so much of them as should amount to the summe so assured Hereupon the Assurers hauing intimation from the Factor of it desired to make some composition to auoid that danger whereby the goods also might bee sooner cleered and the possession obtained for the owner and proprietarie thereof which was the Merchant of Antuerp wherein expedition was required The Factor in regard of the said expedition did not stay to receiue an answere from the Merchant what hee should doe but maketh a composition with the assurors for 60 pound for the hundreth pound to be payed instantly The goods were afterwards all recouered whereof so much as had beene assured was formerly relinquished to the assurors for the Merchant would not condescend to make any composition with the assurors So that the Factor did beare the aduenture to lose 2000 ll for some 1200 ll which hee had receiued if the goods had not beene recouered and therefore the said Factor tooke to himselfe the benefit of this composition by the aduice of the experienced Merchants If a Factor by errour of account doe wrong vnto a Merchant Accounts hee is to amend and to make good the same not onely for the principall but also with the interest for the time So on the contrarie if a Factor for his owne wrong haue forgotten to charge the Merchants account with some parcells payed out for him or made ouer by exchange the Merchant is to answere for it with interest for the time In these precedent obseruations are comprised all other cases of differences which may happen betweene Factors and Merchants CAHP. XVII Of the beginning of Sea Lawes HAuing in the former Chapters methodically intreated as also in this hitherto of the matters therein intended neuerthelesse according to the Contents of them the matter being of seuerall natures runneth promiscuously but in the end will performe the worke For as the roundnesse of the Globe of the world is compounded of the Waters and the Earth So this worke of the Law-merchant cannot be compleat without the Sea Lawes so called Lawes because they are written and knowne for without Nauigation Commerce is of small moment so that the Land affaires shall be intermixed with Sea-faring matters accordingly Some doe attribute the first making of Sea Lawes to the Pheniciaus and Carthaginians because Plinie doth ascribe the Art of Sayling vnto them But by the most ancient Records the Beginning must be from the inhabitants of the Island of Rhodes Rhodian Law scituated within the Mediterranean Sea who were most famous for shipping and sayling as Strabo hath written and surpassing all Nations in knowledge of equitie in Maritime causes and the Mediterranean Sea was for aboue one thousand yeares onely ruled by their Law called the Rhodian Law although augmented with some additions of the Romanes At last as some haue recorded when all sorts of Lawes by the euersion and lacerating of the Romane Empire were in a manner buried the Rulers of Rome in the yeare 1075 made new Sea Lawes and Statutes and so did euery chiefe Seafaring Towne vpon the said Mediterranean Coast adding thereunto other ordinances So did they of Marseilles in the yeare 1162 Genoa in the yeare 1186 they of Peloponessus called Morea in the yeare 1200 the Venetians in the yeare 1262 Constantine 1270 Iames King of Arragon the said yeare Peter King of Arragon 1340 and they of Barselona 1434 Which Lawes are collected and extant vntill this day But on the great Ocean Seas The Law of Oleron the first Lawes were made by the inhabitants of the Island of Oleron scituate on the Sea-coast of France neere Saint Martin de Rea against the Riuer of Charante which was called Le Roll d' Oleron by which the controuersies on that Coast were determined and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries whereupon diuers Statutes both in England and Scotland haue been enacted for Sea-faring businesse and in like manner diuers ordinances in the Low Countries especially since their fishing trade began Edward the third King of England caused with the aduice of diuers men of knowledge and experience in Maritime causes diuers Articles to be set downe Admiraltie Court in France and these were enrolled and obeyed for the gouernement of the Admirall Court and the French King Iohn made his Contracts with King Edward accordingly concerning the fishing trade as by the Records extant in the Tower of London where I haue seene them may appeare Francis the French King and Henrie the third of France haue made some Statute Lawes concerning the Courts of Admiraltie but the substance of all
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
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
same with the charges vpon commodities to the price whereat the said commodities were bought as well in his natiue countrie as in other countries where hee doth trafficke and trade In Russia Denmarke and Sweathen Rigorous dealing for Customes the Custome and Ordinances is if a Merchant doe not declare all his commodities which he importeth or exporteth but concealeth some part of them all the commodities of that kind are forfeited to the Prince and hee shall find but small fauour to redeeme them In Spaine and other Dominions of the King of Spaine the commodities concealed are onely forfeited vnlesse they bee prohibited and vnlawfull goods In England Scotland and Ireland is the like and onely the goods concealed are forfeited and may be had againe vpon reasonable composition for the Statute Law giueth authoritie to the Officer who maketh the seizure that vpon licence sued forth to compound hee may doe it safely for his part which is the one moitie and for the other moity which is the Kings Merchants are graciously dealt wichall by the Iudges or Barons of the Kings Exchequer Abuse of fauourable dealings or others thereunto authorised Insomuch that it hath happened that some Merchants relying vpon this fauourable dealing haue aduentured to expose their commodities vnto the forfeiture thereof being commodities which pay much Custome and Imposition as Cambrickes Lawnes Tabacco Cutcheneale Venice gold Threed and other things because they were in a manner assured to make composition vnder the summe which they were to pay for Custome and Imposition In France and Germany is the like for concealed commodities which are not declared in the Custome-house and Iewels and precious Stones and Pearles are freed of Custome And so was it in England vntill of late yeares since the Customes were taken to farme and yet they pay but three pro cent of the value of their appraisement Strict orders for Customes at London c. to bee rated by the Officers of the Custome-house at London But if any Merchant or Ieweller bring ouer any Iewells or precious Stones and Pearles he is to declare them to the Officers or Waiters of the place where hee landeth otherwise they will bee seized by water or land as forfeited to the King wherein more strict dealing hath beene vsed of late since the King hath letten to farme his moitie of the Seizures So that first of all the Custome of concealed goods must be payed before any composition bee made next the composition being made then may the Informer bee agreed withall And no commodities can bee deliuered vpon securitie to the owner as formerly by the Law was accustomed to be done but they must remaine in some sufficient custodie vntill the matter bee tried by Law or compounded by agreement But prohibited commodities as Allome and other things by Letters Patents and Proclamation the possession may be had vpon securitie to bee giuen to answere the value thereof according to the appraisement made of them And these commodities if the Master of the ship doe not declare them vpon his entrie made in the Custome-house vpon his oath are also subiect to the forfeiture although they come consigned vnto a Merchant or Factor vnawares by another Merchant that knew not that such commodities were prohibited to bee imported The like is it for a Merchant shipping out vnlawfull wares but heerein hee may haue intelligence by the Customer before hee doe lay them vpon the water to bee shipped Againe if a Merchant carrie money by water downe to Grauesend with an intention to bestow the same in Bayes at Sandwich or in other commodities at Canturburie hee is first to declare the same in the Searchers Office or else the money is lost and three times the value vpon information For no money of Gold or Siluer or any forrein Coyne or Plate brought into the Kingdome can be transported only for Passengers expences some foure or fiue pounds may be carried out But for commodities brought in which haue payed Custome the same may bee shipped out againe by Cocket without paying any more Custome and Imposition so it bee done vpon good Certificate that it is the same commoditie and that the propertie thereof is not altered and this must be done within sixe moneths after their importation All Merchants ships being laden Permitted to breake bulke at Tilburie-hope haue alwaies time out of mind beene permitted to breake bulke below or at Tilburie-Hope and to pay no Custome but for the goods they brought vp or landed in England and not for the goods which they did transport in the said ship or in any other vessell or ship which priuiledge and certainetie of Merchants Custome ought to be seriously obserued better than it hath beene of late And of this and other obseruations Merchants and Factors are to giue notice to their friends and Masters to the end they do not incur any danger To enter goods vpon sight which to auoid in some sort is effected by entring the goods vpon sight of the Customers view by opening of them In Barbarie and other places where the Customes are paied in kind or Species if any part bee concealed and not entered that onely will be forfeited and yet the losse is greater because they will make choice of the best as for example Suppose a Merchant doth enter diuers sorts of Linnen-cloth and concealeth some pieces the Officers will take both the tenth piece for the Custome and all the concealed pieces of the best and finest sorts to your exceeding great losse In the Low-countries and Germanie as also in most places of Italie and Turkie you shall onely forfeit the goods concealed and bee permitted to compound for them as you can agree wherein the circumstances in some places will be considered and the manner how the error grew or whether it were done with a set purpose There are also in diuerse places allowances made as in England vpon Wines in regarde of lecage of tenne or fifteene vpon the hundreth or else all the Buts and Pipes are to be filled vp Allowances made vpon Customes and Impositions and so to pay accordingly wherein the time of the voyage foule weather and other accidents are to be considered to make your composition thereafter Vpon Clothes to be shipped out Allowance vpon Clothes there is allowance made of the tenth Cloth for a wrapper which payeth no Custome and so of all other woollen Commodities which pay after the rate as three Northeren Kersies for a Cloth foure Deuonshire Kersies two single Dozens one double Dozen six Cardinals Pin-whites Statutes Stockbridges Straites and Tauistockes foure Cornish Dozens Pennystones vnfriezed Island Dozens and Northeren Plaines for one Cloth two Bridgewaters Cornish and Deuonshire double Dozens Florentines Northren Dozens single and pennystones for a Cloth to be vnderstood for a short Cloth coloured or white of twentie and foure yards long waighing 60 ll vntill 64 ll whereof English Custome was a Noble and the Merchant Straunger
as for the erecting of Schooles and Vniuersities maintenance of the poore and of widowes and orphanes repairation of Churches and high-wayes and ditches for the plantation of Collonyes of people in other Countries and building of Townes and Castles for their maintenance as also to erect Pawne-houses to supply the necessitie of the mechanicall poore suppressing intollerable vsurie whereof we shall intreate in the second Part of this Booke concerning monyes The Etimologie of the word Lotarie is deriued from the word Lot And albeit all Lotaries are things casuall in respect of man to whom the Lot falleth yet in regard of the prouidence of God they are certaine in effect by the said Diuine disposing of the Lot Insomuch that howsoeuer the words Fortune Chaunce Fate Destinie and Casualtie are borrowed from the Heathens it cannot bee denied but that respecting the effects and operations of God towards man they are proper distinctions of Gods Diuine Prouidence And hence ariseth the Prouerbe Nemo sua sorte contentus viuit * ⎠* CHAP. XLII Of Associations Monopolies Engrossings and Forestallings ASsociations are twofold the one is done by publike authoritie of Princes or States vpon Graunts made by Letters Patents which are properly called Societies as the Companie of Merchant Aduenturers Societie of the Merchants Aduenturers which are of 400 yeares standing or thereabouts reckoning from the yeare 1248 when the said Merchants obtained priuiledges of Iohn Duke of Brabant and were called the Brotherhood of Saint Thomas Becket of Canturburie which were confirmed by King Edward the third Henry the fourth Henrie the fifth Edward the fourth Henrie the sixth Richard the third and King Henrie the seuenth who gaue them the name of Merchants Aduenturers after him also confirmed by King Henrie the eight Edward the sixth Queene Marie Queene Elizabeth and lastly by our Soueraigne Lord King Iames not without many enemies and oppositions and most especially of late taxing them to be Monopolizers and vnprofitable to the common-wealth being that all our Clothes were not dressed and dyed in England Whereupon their Patent was for a time suspended but afterwardes confirmed again vnto them by his Maiesties ample Proclamation As this Societie is of ancient estimation so is their gouernement verie commendable and preserueth the amitie and entercourse betweene the Realme and other neighbour Princes and States venting the best commodities of the Kingdome yet so that euerie man selleth freely at his pleasure without any combination or limitation to the great honour and seruice of the State wherein they may daily see and obserue more and more as is heeretofore declared Societies of East-Indies Virginia c. The East-India Merchants are also a Societie but their aduenturers runne all into maine Stockes and is gouerned and carried all ioyntly vpon benefit or losse This Company beganne in the yeare 1599. So the Merchants of Turkie are a Societie Also the Virginia and Barmuda Merchants and diuers others are Societies incorporated by his Maiesties Letters Patents as aforesaid The other Association is done by and betweene Merchants of their owne authoritie Partnership by Contract ioyning themselues together for to deale and trade either for yeares or voyages and this is properly called Partnership where one man doth aduenture a thousand pounds another fiue hundreth pounds another three hundreth pounds and another foure hundreth pounds more or lesse as they agree amongst themselues to make a stocke euerie man to haue his profit or to beare losses and aduenture according to their seuerall stockes in one or many voyages for one or more yeares besides the moneyes taken vp at vse to trade withall proportionably according to the rates of their stocks by parts and portions to be diuided into so many parts as they agree wherein the conditions be diuers which must be obserued truely and the accounts accordingly otherwise all will run into a Laborinth and confusion And by the common Law one partner cannot proceed against another and in Chauncerie the suits may be prolonged for the life of a man vnlesse the Law-Merchant be better vnderstood and the Auditors Office be enabled to end these businesses with breuitie and expedition There is another branch of this maner of partnership Partnership by imployment which commeth to passe when Factors beyond the seas dealing for diuers Merchants will sometimes make imployment of seuerall mens money in one kind of commoditie to be diuided amongst them Here one may become a partner vnawares and vnknowne as of late I know the like did happen in a great bargaine of Tabacco whereupon all the partners being seuen in number are fallen out and diuers of them are in law This course althoug vsed is verie dangerous especially when they vse many Factors One Merchant sendeth commodities to his Factor to be sold in Spaine and giueth order that by that meanes he shall prouide money for his part of the imployment of Tabacco to be made another Merchant he sendeth a Letter of credit of a friend of his that so much money shall be taken vp by exchange for Antuerpe or London as shall be needfull for his part another Merchant he causeth so much money to be made ouer to his Factor by exchange â—â—om Antuerpe as will furnish for his part Two other Merchants dwelling in Spaine doe furnish their parts there themselues And amongst them all they admit in Spaine one Factor dwelling there to buy the Tabacco and he hath a part with them but findeth the meanes to disburse no money for his part because he buyeth the said parcell of Tabacco amounting to some twelue thousand ducats and conditioned to pay a good part of it at six or more moneths And the seuenth Merchant he prouideth not any money and neuerles wil haue his part because he gaue order to his Factor to take it vp by exchange for London vpon him promising that he would pay the same here Hereupon the bargaine and imployment of Tabacco is made the goods receiued and sent ouer to London where it is diuidedly deliuered to some of the said partners to be sold with one and others priuitie for the generall account of them all to be made vp amongst them to cleere the said account and euerie man to haue his part of the benefit and profit and likewise to beare such losses as may decrease their profit according to equitie and conscience Interim it happened that the Factor who bought the said Tabacco dyed insoluent who did not only leaue his own part vnpaid but a far greater summe which the other two partners were faine to pay being bound for it in all amounting to 1300 ll sterlingâ— Now the question is How this losse shall be borne amongst them The first Merchant he saieth I did send commodities and by the prouenue thereof my part was payed by him that dyed and that dependeth vpon accounts to be cleered betweene him and the partie deceased the second Merchant he sayeth My part was paied in readie mony in Spaine taken vp
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
a man for euery moneth besides the ships fraight and mens wages which may be agreed vpon diuersly And commonly the Company is permitted to haue one third the Owners of the ship one third and the Merchant or Merchandize one third all other incident charges to bee borne accordingly betweene them whereof Indentures of couenants are made Hauing reserued to intreat of this important businesse of Fishing in the end of this first Part of Lex Mercatoria concerning commodities which are compared to the Body of Traffick together with the Sea-lawes obserued therein with all other Customes of Commerce Let vs now proceed to the Second Part touching Moneys being the Soule of Trafficke which in times past were noted to be raised by the fishing trade now so much neglected appertaining to the Kingdoms of Great Brittaine and Ireland as hath beene shewed euen by originall Antiquitie The correspondence and long entercourse between the Societie of Gold-smiths and Fishmongers alludeth hereunto For Saint Dunstane the Bishop The allusion of Saint Dunstone termed to be the Patron of the Company of Gold-smiths had no other Elixer or Philosophers stone than the Gold and Siluer which by the benefit of fishing was obtained whereby the Kingdomes Plate and Bullion was procured For the aduancement of which fishing Trade he did aduise That three fishing dayes ought to be kept euery weeke which caused also more abstinence and hence the Prouerbe came That Saint Dunstane tooke the Deuill by the nose with his pinchers Which Custome if it were better obserued with vs would proue very beneficiall to the State and Common-wealth * ⎠* THE SECOND PART OF LEX MERCATORIA or the Auncient Law-Merchant concerning Moneys compared to the Soule of TRAFFICKE and COMMERCE WEe haue alreadie compared the three Simples or Essentiall parts of Trafficke namely Commodities Money and Exchange of Moneys vnto the Bodie Soule and Spirit And in our first pâ—rt of Lex Mercatoria treated of Commodities as the Bodie of Trafficke with the dependances thereupon as being properly the causes of Commerce with their Effects Adiâ—ncts and Accidents which methode we are now also to obserue in this second part of the Law-Merchant concerning Moneys compared to the Soule which infuseth life vnto Trafficke by the meanes of Eqâ—alitie and Equitie preuenting aduantage betweene Buyers and Sellers And because Money is made of Mettals wherof we haue not spoken in the Chapter of the Commodities whereby Commerce is maintained here we are to begin with the verie originall of Mettals and Mines as a matter worthie the knowledge of Merchants and others First we find That when commodities began much to abound in the world all manner of mettall as Gold Siluer Copper Tin Lead and Yron grew into greater estimation as being fit and more dureable for preseruation and so the purest and finest Mettall most esteemed At which time the riches of men was notwithstanding described to consist of cattel commodities and other moueables Pecuâ—ia non Pecuâ—aâ—ia and there was a commutation of commodities as hath beene declared which was found to be verie cumbersome The beginning of Moneys and did require much carriage of wares vp and downe from one countrie vnto another by reason whereof Money was deuised to be coyned to be the rule and square whereby all other things should receiue estimation and price and as it were become a measure whereby the price of all things might be set Publica Mensura to maintaine a certaine euenhood or equalitie in buying and selling and the same to haue his standing valuation only by publicke authoritie to the end that all things might equally passe by trade from one man to another Denomination of Money Concerning the denomination of Money it is deriued of Moneta which proceedeth a monendo to shew you the name of the Prince vel nummi nota and consequently the price of the peece of coyne by his authoritie made stamped and valued Pecus fuit Pecuniae fundamentum Pecunia is deriued a Pecude of Cattell as of Sheepe and Oxen the figure whereof was coyned thereupon Nummus a numerando vel nomine of the name of the Prince stamped vpon it and also so called Carolus Guildren or Floren so a Ducat of Ducatus the name of a Duke And in times past being called Stipendium was à stipe pendo before the same was coyned with a stampe but made and weighed being siluer as the Cicle of the Hebrewes The Romans in times past vsed copper Moneys calling their Exchequer Aerarium So in Germanie it is called Argentarium of the Siluer and being kept at Strasbourgh that citie is called Argentina The first Siluer moneys coyned was the 484 yeare of the foundation of Rome And the coynes of Gold was sixtie and two yeres after that Since the foundation of Rome vntill the yeare of 1622 are 2373 yeares Sterling Standerd altered in the valuation The sterling Standard of the Moneys of England was first coyned at a place so called by Osbright a Saxon King of England aboue seuâ—n hundreth yeares since at which time an ounce of Siluer was diuided into twentie peeces and so esteemed twentie pence as who should say so many peeces which so continued by denomination vntill King Henrie the sixth his time who in regard of the inhancing of Moneys in forreine parts valued the same at thirtie pence But there was more peeces made out of the said ounce and the former peeces went for three halfe pence vntill the time of King Edward the fourth and then they were currant for two pence and the said King did value the said ounce at fortie pence vntill King Henrie the eight did value the ounce of sterling Siluer at fortie and fiue pence and so continued vntill King Edward the sixth and vntill Queene Elizabeth her time and then the verie same peece or the same penie was valued at three pence and so did all three pences coyned by the said Queene weigh but a pennie weight and the sixe pence two pennie weight and accordingly the shilling and other peeces which made the ounce to be valued at sixtie pence or fiue shillings whereof twelue ounces make the pound Troy weight The pound Troy diuided by weigâ—t which remained diuided neuerthelesse in twentie pennie weight for the said ounce being still the same in weight did retaine the same name and foure and twentie graines also for euerie pennie weight and according to the said pound weight is the finesse of Siluer also diuided For if it be all pure Siluer without any Copper called Allay it is iustly called twelue ounces fine because that pound weighed twelue ounces and hath no mixture in it The pound of Siluer diuided in finesse and so euerie ounce is consequently twentie pennie weight in finesse and euerie pennie weight is twentie and foure graines in finesse The finesse of Gold is twentie and foure Carrats Finesse of Gold and euerie Carrat is foure graines in finesse and was
1500 Markes of Gold of eight ounces 1500 Markes of Pearles 1 Chest Emeraulds From Mexico For the King 1900 thousand Pesos of Siluer 1100 Markes of Gold For particular persons 2 millions in Siluer 64 thousand Hides 25 thousand ll Indico From Santo Domingo Island 35 thousand Hides 900 Chest Sugar of 1000 ll weight 22 thousand Kintals of Ginger 13 thousand Kintals of Logwood 50 Kintals of Salsaparilla 48 Kintals of Caniafistula 64 Roues of Cottonwooll All the Gold and Siluer was valued at thirteene millions and all the commodities at three millions whereof the King had twelue millions and one halfe De claro wherewith we conclude this Chapter of the Mines Royall and are moued to write also of other Mines and Minerals contrarie to our first intention but briefely as followeth * ⎠* CHAP. III. Of Mines and Mineralls THe next in order to be treated of are Tin Mines which are but few in number in all countries Tin Mines and in Germanie onely found somewhat plentifull but the Tin is blackish and corrupt so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World which containeth foure ounces of Gold in a thousand whereof there is some twelue hundreth thousand made yearely It hath been sold for many yeares at an vnder value but his maiestie hath by way of Praeemption aduanced the price thereof which belongeth to the Dukes of Cornewall and consequently vnto the noble Prince of Wales Charles sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants and the gouernment of the Staneries with all the good orders obserued therein and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome and deserueth great commendation as is alreadie noted Lead Mines Leade Mines are found in all cold countries especially in Germanie in the dukedome of Brownâ—wike but it is blacke of colour and vntill it be refined it is vnseruiceable and consequently not vendible The old Duke had almost made a wall aboâ—t the citie of the sowes and pigges of Leade vntill our Leade became deere and scant and that an Antuerpian did teach them how to refine their Leade in taking away the cobble which is like vnto a knot in a peece of timber which made the Leade brittle and by his meanes all the Dukes Leade was sold in Italie Spaine and other places in France and elsewhere Scotland and Ireland haue many Leade Mines containing also Siluer The Leade Mines of England are scituated in diuers places of the kingdome but most in Darbishire in the hills of Peake Somersetshire and Wales There is great difference in the Ore as hath beene noted There are also many Lead Mines in Richmondshire vnder the countie of Yorke where I went to view them anno 1606 about Arkendale and the new Forest hauing prepared a long Yron boare of eighteene foot long for that purpose Description of many Leade Mines in Yorkshire and there I did obserue within the compasse of ten miles that the scituation of Arkendale iâ— betwixt two hills the one lying North called Windike and the other South-West called Moldersey adioyning vnto another hill called Pouncy lying West from Moldersey all belonging vnto the King and by lease vnto sir Iohn Maillorie knight There are also adioyning vnto it certaine other hills where lead Mines are as Swailedale where my lord Wharton hath his workes also Readhurst Cocka and Fellind being East from Wyndecke The Mines of Arkendale haue neuer been wrought to any purpose There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts which at their leasure seeke for Lead Ore vpon sufferance and bring the same to the melting places where they fell the same for 20 or 24 ss the load giuing to the owners three or foure parts in ten as they can agree and one tenth to the Parson or Vicar of the Parish or Chappell A loade of Ore with them is as much as foure or fiue horses can conueniently carrie which by computation is some ten hundreth weight and is also deliuered by a measure called Load foure of these Loads will make a Fother of Lead of twentie hundreth their weight being 120 ll to the hundreth London weight so one hundreth of Lead Ore maketh but 30 ll of Lead which commeth to passe for that their manner of melting is by foot-blast and small furnaces with wood and charcoale Foolish maner of melting casting the Ore of Lead betweene them in small peeces and so still augmenting their melting which can yeeld but little the heat of the fire being choaked with the fewel and drosse of the Lead whereas flame is the greatest meane of melting of all mettaline Ores which require furnaces to be made accordingly where thirtie six or fortie hundreth may be molten together they melting three or foure hundreth There is no wood to be had but within two miles but sea coale and good peate is neere hand which may serue better cheape for they reckon 7 or 8 ss for the charge of a fother for the melting The Lead being cast into small Piggs of somewhat more than one hundreth weight are brought on horse-backe through Richmond to Burroughbridge being about thirtie miles distant and are conueyed by water to Yorke for 2 ss the hundreth and from Yorke to Hull for other two shillings so that a Fother of Lead with all charges will not stand in three pounds and there is a neerer way by Stockton on the sea-side about twentie and fiue miles which will lessen the said charges Now we are come to Yron mines Yron Mines whereof almost all countries in Europe are prouided which do much differ in goodnesse yet may be vsed according to the seuerall workes whereunto it is imployed as the Spâ—nish Yron seruing for Blades not so good for other things England hath great store of Yron Mines for by computation there are aboue eight hundreth furnaces The melting of it by flaming sea coale or Scots coale saueth a great deale of charges There are lately found more Yron Mines in Fraunce which Yron being made into bars is transported into Guinea Binea and other parts vpon the coasts of Africa where it hath continually beene in great estimation and now becommeth so aboundant that their profit is but small of those voyages and so it falleth out at this present for the price of Leade The Yron stone in Wales is found to differ from the Steele stone by meanes whereof a Germane made good Steele in barres Steele stone and also Gad Steele But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein and Germane Steele is best vntill of late that a Frenchman shewing the imperfection of ordinarie Steele caused his maiestie to make void the said patent and to grant another for the making of perfect Steele surpassing in goodnes the Steele of all countries So we find
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the â—â—act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
six pence and withall he did write vnto other Princes concerning the same and Commissioners came ouer about it but all was in vaine whereupon he gaue an absolute authoritie to Cardinall Wolsey by letters patents as followeth HENRIE the eight by the grace of God King of England and of Fraunce defendor of the Faith Lord of Ireland to the most reuerend Father in God our most trustie and most entierly beloued Councellor the Lord Thomas Cardinall of Yorke Archbishop Legat de Leicester of the See Apostolicke Primat of England and our Chauncellor of the same greeting For as much as coynes of moneys as well of gold as of siluer be of late daies raised and inhaunced both in the realme of France Francis the French King and Charles the fifth Emperor as also in the Emperors Low-countries and in other parts vnto higher prices than the verie poiz weight and finesse and valuation of the same and otherwise than they were accustomed to bee currant by meanes whereof the money of this our realme is daily and of a long season hath beene by sundrie persons as well our subiects as strangers for their particular gaine and lucre conueyed out of this realme into the parts beyond the seas and so is likely to continue more and more to the great hinderance of the generalitie of Our subiects and people and to the no little impouerishing of our said realme if the same be not speedily remedied and foreseene We after long debating of the matter with you and sundrie other of Our Councell and after remission made vnto outward Princes for reformation thereof finding finally no manner of remedie to be had at their hands haue by mature deliberation determined That Our coynes and moneys as well of Gold as of Siluer shall bee by our Officers of our Mint from henceforth made at such finesse lay standard and value as may be equiualent correspondent and agreeable to the rates of the valuation inhaunced and raised in outward parts as is afore specified whereupon Wee haue giuen commaundement by Our other Letters vnder our great Seale to the Master Warden Comptroller and other Officers of Our said Mint and to euerie of them to see this Our determination put in execution of the said coynes by Proclamation or otherwise as in the print coyne stroake of the same Wherefore by these presents Wee will and authorise you to proceed not onely from time to time when you shall seeme conueniently by aduice of such other Our Councell as you shall thinke good to the limitation description and deuising how and after what manner and forme Our said coynes and moneys may be brought vnto the rates and values finesse lay standard and print by you and them thought to be requisite but also to appoint Our said Officers of Our Mint duely to follow execute obey and fulfill the same in euerie point according In which doing these Our Letters vnder our great Seate shall be your sufficient warrant and discharge any Act Statute Ordinance or Law or other thing whatsoeuer it be to the contrarie notwithstanding In witnesse whereof We haue caused these presents to be sealed with Our great Seale at Westminster the 23 day of Iulie in the eighteenth yeare of Our raigne c. Graftons Chronicle doth record that all was to no purpose for the inhauncing might on both sides haue run ad infinitum Afterwards in the two and twentieth yeare of his raigne finding that Merchants did transport still the moneys or made them ouer by exchange and made no imployment vpon the commodities of the realme he caused a Proclamation to be made according to an old statute 14 Richard 2 Statute of imployment That no person should make any exchange contrarie to the true meaning thereof vpon paine to be taken the Kings mortall enemie and to forfeit all that he might forfeit Hereupon it fell out that lawlesse necessitie did run to the other extreame of imbasing the moneys by allay whereby all things came to be out of order For base money maketh euerie thing deere Base moneys and ouerthroweth the course of exchange betweene Merchants and causeth much counterfeit money to be made to buy the commodities of the realme and to destroy the good moneys like vnto the seuen leane Kine of Pharaoth which deuoured the seuen fat Kine in a short time as appeared of late within the realm of Ireland which is more dangerous in those kingdomes where their moneys are of a rich standard whereby many commotions happen Commotions about base money as in Fraunce during the raigne of Philip le Bell. And Peter the fourth King of Aragon did for this cause confiscate the Islands of Maiorca and Minorca now kingdomes in the Mediterranean sea whereas the policie of those nations which do vse seuerall standards of moneys doth preuent the same because that promiscuously they make and coine moneys of seuerall standards according to the occasion which is worthie the obseruation ☞ and as all extreames are vicious and defectiue so doth it befall those countries which will haue no base money at all and are made a prey vnto other nations by the exchange for moneys which must be maintained withall as I haue made and shall make more apparant Proportion betweene gold and siluer The third effect or alteration of the Kings Valuation of money is the Proportion betweene gold and siluer being in most countries twelue to one that is to say one pound of siluer for one ounce of gold wherein there is more operation than most men do imagine For you cannot aduance or inhance the one but you abate and diminish the other for they ballance vpon this paralell And whereas England by continuance of eleuen to one hath beene a great looser of gold so now by aduancing the same not onely to twelue to one but to 13 ⅕ for one there hath followed a verie great losse of our siluer which is ouer much abated as may appeare if we do but consider that the French Crowne of sixe shillings was answered with six shillings in siluer and is now full seuen shillings and foure pence and our six shillings in siluer are the verie same for twelue ounces of Crown gold of twentie and two carrats at 3 ll 6 ss maketh 39 ll 12 ss and 108 French Crownes the which are made out of the pound weight of twelue ounces at seuen shillings foure pence maketh also 39 ll 12 ss Hereupon to equalize the siluer vnto gold againe will breed a generall inhauncing of things within the realme for the alteration of the measure of moneys causeth the denomination to follow in number to make vp the tale which requireth great prouidence Exchange fallen by the inhauncing of gold in the Low-countries For we find that other nations perceiuing our gold to be inhanced haue abated the price of exchange according to which the prices of commodities are ruled so that the same goeth at thirtie and foure shillings six pence or thirtie
so am endangered to my neighbour for my necessarie payments it is great reason that my debtor beare my losse rather than I should sustaine harme or danger for my good will And this is defined to be a gaine to be taken Vsurie ex damno habito improper ex damno habito and it being so is improperly called Interest in defence of Vsurie In like manner if a shop-keeper lend money freely to his neighbour till such a day hauing then occasion to vse it at some Faire to lay it out in wares if hee breake touch the shop-keeper may in iustice take the benefit for his money losing the profit which he should haue had by the wares which he was hindred to buy Ex lucro cessante and this is taken for lucro cessante But in neither of these was an intention to deliuer money at Interest Some are of opinion That it is better for them to deliuer their money by exchange and that therein they are lesse to be euill thought on than by dealing vpon Vsurie But this difference consisteth onely in the name for they haue both an intention of gaine vpon money and doe beare an aduenture for the losse of their moneys whereas the one is bound to receiue but tenne vpon the hundreth at the most Difference of gaine by Vsurie and Exchange and the other doth expect fifteene or twentie vpon the hundreth at the least onely in regard hee doth beare an aduenture to lose by exchange which is verie seldome but still the intention remaineth which should be the surest guide of conscience to take away all counterfeit pretences The Venetians and others allow no Interest at all but approue the benefit and course of exchange although it be aboue Interest By the aforesaid rules Vsurie is weighed straightly in regard of Charitie albeit it may fall out otherwise that the borrower hath sinned therefore in such cases circumstances are to be considered and then iudgement to be giuen accordingly If I deale with a Merchant that maketh gaine of my money with his trade and commerce and is well able to pay mee againe being chiefly inriched by my meanes why should not I in reason haue part of his benefit and aduantage when by my goods hee is growne rich Suppose foure men are become parteners two doe disburse large summes of money and the other imploy their labour and industrie to make by lawfull trade a great benefit thereby is it not reason that the other two although they were idle at home should haue part of the benefit You will say you hold this reasonable for it is not Vsurie at all but these two men take tenne in the hundreth for their money nay then you reply and say It is Vsurie although the other two had gotten thirtie in the hundreth by it How can this be a biting Vsurie Obiection Answere But they haue not borne the aduenture of the Seas but conditioned a certaintie the answere is That they haue not onely borne the aduenture of the Seas but many other casualties besides and in trusting them that had no meanes of their owne Well therefore say you I will not deliuer my money but to rich men herein you shew no charitie and may be deceiued too for you know not what money a man hath in his purse so that your conscience is stil the surest guide to direct you with prudence as the loadstone doth the variation of the Pole So much for particular persons Now comming to examine what the Kings of England haue done concerning Vsurie wee find that both before the Conquest and after Vsurie hath beene banished by some Kings and by some other Kings it hath beene tollerated according to the times and occasions King Edgar before the Conquest did vtterly forbid all Vsurie Bankers sent out of the Realme so did King Edward the first who did send out of this Realme as well the Italian Bankers that came from Pope Gregory the tenth called Cursini as all manner of Iewes who did mightily oppresse the Realme To omit what other Kings haue done we know that Henrie the eight in the 37 yeare of his raigne made a Statute whereby none were suffered to take aboue tenne in the hundreth vpon loane either for wares or money and this was repealed by the Statute of Anno 5 Edw. 6 which afterwards being found against Policie was abrogated So the Statutes of Queene Elizabeth did succeed which doe tollerate the said ten in the hundreth which are of such strength and continuance at this present that King Iames himselfe is contented to allow the said rate to the Londoners for some moneys borrowed of them wherein as I said before time and occasions do alter things and as the case for the present standeth with England and forraine Nations we haue Vsurie like a Woolfe by the eares dangerous to be kept and more dangerous to abandone the same This Vsurie being indeed exercised to the poore or to the rich without respect of damage ensuing becommeth intollerable But in case of Interest when time of payment is neglected in the state of orphants in mutuall hazard or in hazard publike Where Vsurie is allowable simply to disallow it is to cut off all trade and commerce or reparation of damages and to goe about to remedie a mischiefe with a greater inconuenience The Law of Iustinian the Emperour doth therefore moderate the course of Vsurie which is much to bee regarded where the words are thus as followeth 1. Coâ— C. de Vsuris Wee haue thought necessarie to make a generall Law or Statute touching the quantitie of Vsurie bringing the old hard and most grecuous weight of the same to a certaine moderate stay or meane rate Therefore We command those Noble men that are Earles or their betters that they doe not make any stipulation or firme bargaine by any manner of contract whatsoeuer great or lesse for Vsurie or gaine to bee had aboue foure in the hundreth Those that are guardians or gouernours ouer handie-crafts men or places where Artificers doe worke or else doe vse any lawfull trade of merchandise Wee will that they shall moderate their stipulation or firme promise taken in any bargaine to eight in the hundreth And as for those that doe aduenture their goods beyond the Seas and put out their substance vpon their owne hazard such may lawfully demand by firme promise to receiue twelue in the hundreth and in no wise to take aboue that rate although by the old Romane Statutes it hath beene lawfull to exceed And We will that all other men shall take onely six in the hundreth aboue the principall and the same quantitie of excesse in no wise to bee enlarged in other contracts where Vsurie is wont to bee demanded without stipulation or couenant made neither shall it be lawfull to the Iudge to increase the foresaid taxation or rate made by reason of the Custome vsed in any Countrey c. This Imperiall Ciuile Law hauing
haue spent time labour and no small charges in hope that hereafter it may do good to the publicke Pawne houses if some Diuine be moued to further it The first is according to the manner of Amsterdam to which end the substance of the petition of honest and religious men his maiesties subiects is as followeth First that authoritie be giuen to A. B. to erect Pawne-houses in all conuenient places of the realmes of England Ireland and the dominions of Wales for and during the terme of one and twentie yeres vpon these conditions That all person and persons shall and may haue at all conuenient times moneys vpon pawnes of or vpon all moueable goods chattels and leases or any thing which shall be agreed vpon after the rate of ten vpon the hundreth by the yeare That the vndertakers may be authorised or licenced to take for the attendance labour and paines recompence of Officers and Seruants wages house-rent and all other charges incident thereunto as followeth For registring and keeping of all pawnes that do amount to fiftie pounds or more one farthing for euerie pound by the moneth For all pawnes that do amount to ten pounds or more vntill fiftie pounds for euerie pound one halfe pennie by the moneth For all pawnes that do not amount to ten pound for euerie pound one pennie by the moneth For euerie bill giuen for pawnes vnder ten pounds one pennie and being of ten pounds or aboue whatsoeuer it commeth vnto but two pence with such clauses conditions and cautions as shall be requisite for the securitie of the said vndertakers and agreeable with the laws of the realm of England paying vnto the Kings maiestie a reasonable summe of money yearely c. The said allowances are inferiour to the moderation of the Emperor Iustinian his Lawes and will be found verie reasonable considering that by the tolleration of Vsurie politicke men can deliuer their moneys in verie great summes at ten in the hundreth freely and without such trouble CHAP. XIII Of Mons pietatis or Banke of Charitie THe second meane to suppresse the biting vsurie of extortion vpon the common people is by prouiding a course that they may haue moneys vpon pawne without paying any interest or vsurie for the loane of it according to the manner of Bridges in Flanders which is more pleasing but it is not so vniuersall as the Pawne houses are where great summes are to be had to accommodate Merchants and all men to preuent the generall abuse albeit it cannot be denyed but that the extortion vpon the meaner sort of people is more haynous and detestable which was the cause that by the Lawes of the Romans he that tooke vsurie of the poore was more punished than he that did steale from the rich as is before declared In Italie there are Montes pietatis that is to say Mounts or Bankes of Charitie places where great summes of money are by legacies giuen for reliefe of the poore to borrow vpon pawnes and to pay onely after three or foure in the hundreth at the most to maintaine the officers and to beare the charges of such an erected Mount for euer But the manner of Bridges as aforesaid may be thought more reasonable paying the officers out of the contributions which by their means may be much increased according to the orders which are hereafter declared Moneys to be giuen to suppresse vsurie for euerie man is willing to giue for the suppression of intollerable and abhominable vsurie The rich that are charitably disposed will giue because vsurie politicke should not be biting the meaner sort of people will be contributarie because of the commodiousnes of it for who will not giue six pence or twelue pence euerie quarter of the yeare when he may borrow a reasonable summe of money without paying any vse for it for one yere or a longer time according to occasions I am sure of most mens inclinations by an attempt made of the practise hereof some yeares since for after the names taken of aboue 1500 persons that were willing to contribute yearely and some Diuines and others that would lend freely 50 ll 100 ll or more for some yeares and some 500 ll I made an alphabetical register of them which was deliuered into the hands of a great personage who as it seemeth was not worthie of the honour thereof but to my remembrance it amounted to some 2000 ll for moneys giuen and to be lent and aboue six hundreth pounds yearely during the liues of the benefactors so that no man hath cause to doubt of the collection of a great stocke for so godly a worke if authoritie were had when this was done vpon the onely hope and surmise thereof to the effecting whereof I will be willing still to doe my best endeauour Now the orders are as followeth Orders to be obserued for the gouernment of the Mount of Charitie consisting of two houses within the citie of London and the suburbes thereof and one house at Westminster where all men may borrow moneys in small summes without paying any vse or loane for the same vpon pawne to be deliuered for caution or securitie of the said moneys according to the manner of Bridges in Flanders and other countries 1 IMprimis That all men of what qualitie or condition soeuer they be being destitute of money shall haue money at all conuenient times without paying any vse or loane for the same but deliuering onely a pawne of any moueable thing so it be not aboue fortie shillings at any one time vntill a competent stock be raised for the maintenance of the said Mount of Charitie for euer 2 Item Whereas the said stocke is raised and to be increased by meanes of charitable and conscionable persons which either do freely lend moneys without taking interest for the same or do freely giue in money and yearely contributions according to their vertuous dâ—sposition which moneys may in progresse of time amount to a notable summe the Treasurer generall therefore shall be a man sufficient and of honest behauiour carefull to appoint sworne honest men vpon sureties to collect the said moneys and for keeping of the pawnes with their Clarkes and other attendants and the Surueior of accounts shall be a man diligent and skilfull in accounts all for the better incouragement of the said charitable giuers and free lenders for the aduancement of this charitable worke 3 Item Whereas the like House called Saint George was heretofore erected at Genoua in Italie by noble Knights bound in honour to see the people relieued from oppression biting vsurie and extortion which by all vertuous Knights is at all times approued and commended There shall be kept one paire of tables in euerie house containing the names of such honourable persons and vertuous Knights ' as shall be yearely contributaries by quarterly paiments during their naturall liues or lend any summe of money gratis for a time together with the names of such well disposed persons as by
to giue twentie per 100 for the yeare and so from yeare to yeare and dying the principall is theirs One hundreth pounds for eight liues by equalitie decreasing the pennie 8 is 12 ll 10 ss for two liues 11 ll 2 ss for three liues 10 ll for foure liues 9 ll 1 ss 9 pence is 6 ll 5 ss for eight liues The Citie of Amsterdam was wont to giue good consideration and did obserue this order vpon a hundreth Guelders for eight liues gaue 16 13 4 Obseruations of money deliuered vpon liues Of nine liues 19 1 0 Vpon tenne liues they gaue 22 4 5 Vpon eleuen liues 26 13 4 Vpon twelue liues 33 6 8 Vpon seuen liues 14 6 4 Vpon six liues 13 6 8 Here you are to remember the obseruations of Assurors whether the persons be young or old sober in their diet and behauiour much trauelling abroad or staying at home subiect to sickenesse and the like considerations Rents vpon houses Moneys deliuered vpon annuities for rents seeme more reasonable than pensions vpon liues because you beare onely the aduenture of the decay of houses or destruction of them in time of warre and much more should bee giuen without pawne than with pawne or morgage It is commodious for a man hauing wast grounds and intending to build vpon them to take much money vpon rent after 6 ¼ pro cent which many Cities giue continually to increase their wealth and inhabitants And because the valuation of their money doth often alter and is inhaunced whereby all things become dearer Rents payed in specie the parties are aduised to haue their rents paied in specie in Crownes Dollers Ducats to bee paied as formerly they were currant the dangers in times of warres causeth rents to decrease for the ancient rent is alwayes first to bee paied although all others bee losers * ⎠* CHAP. XIX Of the Denomination and Diuision of Moneys of diuers Countreys THE Denomination Diuision and Subdiuision of the moneys of all Countreys is most necessarie for Merchants and all others to be knowne because without it they sayle in the course of Trafficke without Compasse abandoned at all vncertainties and dangers to haue true equalitie and equitie obserued in their buyings and sellings and that more especially if the course of exchanges be neglected as shall be declared hereafter Some of these moneys are imaginarie and some are substantiall or reall in specie and yet not concurring in price or value England IN England concerning Siluer coynes there is the Crowne of fiue shillings and the halfe Crowne of two shillings sixe pence the shilling the sixe pence the foure pence or groat the three pence two pence three halfe pence the pennie and halfe pennie of sterling Siluer and the farthing of Copper The ordinarie Golden coynes are the vnite peeces of 22 shillings the halfe of eleuen shillings and the crownes or quarters of fiue shillings sixe pence and the â…› part two shillings nine pence and the fiue peeces coyned at foure shillings making twentie two shillings with the Rose and the Thistle The Laureat King Iames of twentie two carrats fine of twentie shillings and the halfe peece Scotland In Scotland is the Crosse Dagger peece of eleuen shillings and the halfe of it and their Rider of ten shillings six pence and for their Siluer coyne the Marke peece valued at 13 pence ½ in England and the halfe of the same as also six small peeces of aboue two pence for the said Marke Ireland In Ireland where no Mint hath beene since King Edward the fourth of England the fifteene shilling sterling make twentie shillings Irish and the Siluer Harpe of nine pence sterling is there currant for twelue pence and the moitie thereof accordingly and the abouesaid Gold coynes are currant as in England or in sterling reduced into their Irish moneys one third part more so that the twentie shillings peece of Laureat King Iames is there foure Nobles and all other diuisions of it accordingly So the English shilling is sixteene pence Irish and the parts of it accordingly All other old Irish coyne is out of vse and little quantitie to be found of it In Germanie they make all their moneys by the account of Batsen euerie Batts foure Creutzers coyning peeces of three sixe Germanie and twelue Creutzers So the Ducat of Hungarie maketh 27 Batses the Gold guelder eighteene Batses the Polish guelder or doller fifteene Batses Teastons fiue Batses The said Gold guelder was value Anno 1520 to bee currant in Holland for twentie eight stiuers whereby their corne is bought and sold which is erronious and imaginarie because there is no such peece in specie So was the doller and the Siluer guelder called Gros or Vnciales weighing an ounce The ancient Romans called an ounce a guelder and the eight ounces made one mark and 12 ounces or guelders were reckoned for one pound and there were coyned peeces called Nummi Dragmi alias Grosleyn is the eight part of a doller Angelicies was the â…™ of a doller making three Batses or twelue Creutzers called Schriekenborgers The said Angelici were Tribute penies which being allayd and made worse did obtaine the name of Bats as it were seeking of a benefit which since haue bin more imbased and therefore deserue that name of Batses they are called in Thuringia Gulielmi and in Bohemia Bohemici in regard of the said tribute whereof they haue also 12 peeces diuidedly for 12 pence which pennie is all Germanie ouer two Hellers by way of account The doller was first made vpon sixtie and fiue Creutzers which in those coynes so imbased are answered by 72 Creutzers And in othâ—â— cities of Germanie they reckon as followeth vpon diuers coynes 〈◊〉 made and some imaginarie At Augusta they haue small moneys Grosses of three Batses Augusta Lion peeces whereof two make a Creutzer the Blackepennie foure to one Creutzer Snubourgh Blaphart or Bohomicos of three and 3 ½ Creutzers the Ryckes doller is thirtie Albes of eight pence euerie Albe or seuentie and two Creutzers for the said doller At Frankford they diuide their Florens of sixtie Creutzers Frankford by twentie shillings and euerie shilling in twelue Hellers according to the pound At Norenbourgh in like manner and the Creutzer is foure pence Norenborough euerie pennie two Hellers and fiue pence called a Fynfer or fiue Pennick At Strasborough they vse Blapharts Grosses Strasborough Bohemicos of three Creutzers euerie Blaphart six pence of two Hellers or foure Ortlyn At Bohemia as in Germanie and the Bohemici Bohemia are whitgrosse of three Creutzers the Doller is twentie foure Bohemicos of twelue Angster euerie Bohemico ten pence and one Marke is fortie Bohemicos and Scoc is sixtie Bohemicos Vienna At Vienna the Ryckes Doller is eight shillings and the Ducat twelue shillings Trioll At Trioll the Doller at seuentie two Creutzers of fiue Fynfers or Hellers the Creutzer Hungarie
their bodies vntill the day of Iudgement For albeit the Spirit of man is rightly termed to bee the Facultie of the Soule The Facultie of the Soule is the Spirit of man yet the parts of the Soule concerning Vnderstanding and Will haue their proper relation for that part called Vnderstanding is seated chiefly in the Soule as Will is in the Spirit both to be accompanied with Knowledge The Phylosophers haue made this distinction by their Chimicall obseruation and such as place the Soule in the bloud dispersed through all the veynes of the bodie do also place the Will of man in the spirit residing in the heart of man which the Anatomists demonstrateth to be a little concauitie where the drops of the vitall bloud are placed in the heart which are feared vp and the place is shrunke in bodies which haue been poisoned To make application of this comparison betweene the Soule and Spirit Application of the comparison we shall find by the following discourse that euen as the Spirit of man is predominant ouer the Soule and Bodie in all the actions thereof which by the bloud are quickned and preserued euen so is the Exchange for moneys by Bills of Exchanges ouerruling the course of commodities and moneys in all places where the action of money is felt or seene directing the same by some due proportions accordingly CHAP. I. Of the Beginning of the Exchange for Moneys by Bills of Exchanges THE Exchange for moneys is of great antiquitie for as we haue declared the first Siluer moneys coyned by the Romanes is almost 1900 yeares since And euen as money was inuented to bee made of the best mettalls to auoid the troublesome carriage of commodities vp and downe and from one countrey into another So vpon the like consideration when other nations imitating the Romanes did coyne moneys The cause of the Exchanges Exchange by Bills for moneys was deuised to auoid both the danger and aduenture of moneys and the troublesome carriage thereof This money now being made by diuers Nations of seuerall standards and diuers stamps and inscriptions as a Marke of Soueraigntie caused them to appoint a certaine Exchange for the permutation of the seuerall sorts of coynes in diuers countreys without any transportation of the coyne but giuing Par pro Pari or value for value with a certaine allowance to accomodate the Merchant and the officers to execute the same were called Numularij Argentarij and Collybistae that is to say Numularij of Nummus or the coyne it selfe Argentarij because the Siluer coyne was most vsuall in the course of trafficke and Collybistae because it signifieth a reward for Exchanging Here now let vs obserue foure manner of Exchanges which haue beene vsed and in some countreys are yet continued albeit some of them are abrogated in England commonly called Cambio Commune Cambio Reall Cambio Sicco and Cambio Fictitio which denomination may be admitted The first manner of Exchange called Cambio Commune I Cambio Commune is properly that Exchange which the said Collibistae or common Exchangers did vse by the authoritie of Princes and Common-weales for the lawfull and currant moneys of their Kingdomes and Territories which was found to be verie expedient and necessarie and was established to preuent the exportation of money from one countrie into another countrie and these Exchangers did deliuer in all countries the Money in one specie for the Moneys in other species by them receiued as aforesaid Tables of Exchange Whereupon King Edward the third of England caused certaine Tables to be set vp at Douer and other places of the realme declaring the value of the said sundrie species of coyne of all countries trafficking with his subiects and the allowance which Merchants were to giue to haue their turnes serued as may appeare by the good Lawes made in his time when there was Moneys coyned in diuers places of this Kingdome and not in one mint onely within the Tower of London And this was long before the discouerie of the West-Indies from whence the ocean of Money did run into Christendome And for the gouernment of the said Tables all was at the direction of the Master of the Kings Mint at London and with a correspondence of other Mints namely at Canturburie at Kingston vpon Hull New-castle vpon Tine Bristoll and Exceter And the Exchanger for the King at London did also depute Exchangers in the most places except that certaine Merchants of Florence called Friscobaldi were the Kings Exchangers at Kingston Friscobaldi the Exchangers New-castle and Exceter who made the said Exchanges of value for value with a reasonable allowance and by their meanes were all the said Mints set on worke and the transportation of our Moneys was preuented for as Bishop Tursids booke of Arithmeticke declareth by giuing par pro pari or value for value there was no gaine left to the transporter The Kings of England did constitute these Exchangers Kings Exchangers euen as the Cambiadores and Banquers are vsed in other countries being authorised by the King or Prince of the said countries especially King Edward the first of England who had two Exchangers the one called Custos Cambij infra Turrim who had the charge in buying of bullion and to looke to the coynage of Money within the realme now called the Warden of the Mint the other was called Keeper of the exchange and rechange within or towards this realme for Moneys to be paied in specie by Bills of Exchanges beyond the seas And afterwards the said Exchanges were made without naming the species but according to the value of the seuerall coynes 2 Cambio Reall and this was called Cambium Regis or Royall Exchange which caused Queene Elizabeth to name the Burse in London accordingly This office appeareth to haue been in the eleuenth yere of the said King Edw. by an Act of Parliament made at Acton Burnel since which time the succeeding Kings and Queenes haue continued the same by sixteene seuerall Letters Patents And whereas it seemed that the said two Exchangers could not execute their offices conueniently being asunder it fell out that in Henrie the sixth his time a Law was made by which both offices were put into one mans hand and so continued many yeares vntill the time of King Henrie the eight Exchanges discontinued when he caused base Moneys to be made at the seige of Bulloigne whereupon no certaine Exchange could be grounded albeit that before that time in the two and twentieth yeare of his raigne he caused a Proclamation to be made according to an old Statute made in the time of King Richard the second The Chronicle of Graston That no person should make any Exchanges contrarie to the said meaning or Act of Parliament vpon paine to be taken to be the Kings mortall enemie and to forfeit all that he might forfeit For in his noble fathers time King Henrie the seuenth the Bankers had inuented a course of
naturally and lawfully borne within this your Maiesties Realme of England and also that they and euerie of them shall and may from henceforth by the same authoritie be enabled and adiudged able to all intents and constructions to demaund challenge aske haue hold and enioy landes tenements hereditaments and rents as heire or heires to any of their auncestors by reason of any descent remaine reuert or come to them or any of them by any other lawfull conueiances or means whatsoeuer or which hereafter shall come c. as if they and euerie of them had beene your Highnesse naturall subiects borne and to hold and inioy to them and euerie of them ioyntly and seuerally lands tenements and hereditaments or rents by way of purchase gift graunt or otherwise of any person or persons to all constructions and purposes as though they and euerie of them had beene your Highnesse naturall borne subiects and also that they and euerie of them from henceforth may and shall bee enabled to prosecute maintaine and avow iustifie and defend all manner of actions suits plaints and other demands whatsoeuer as liberally frankely fully lawfully surely and freely as if they and any of them had beene naturally borne within your Maiesties Realme of England and as any other person or persons naturally borne within the same may in any wise lawfully doe any Act Law Statute Prouiso Custome Ordinance or other thing whatsoeuer had made ordained or done to the contrarie in any wise notwithstanding And your Petitioners shall daily pray for your Royall Maiestie long in honour and most safetie to remaine ouer vs. This Petition in nature of an Act of Parlement The manner of proceeding in Parlement is deliuered to the Speaker of the Parlement who vpon the second reading in the Commons House procureth the same to bee referred to certaine Committees before whom the Petitioners doe appeare and after examination if there be no apparant cause that might crosse them the Bill is returned into the Parlement and read for the third time as the manner is of all Acts and then it is carried vp to the higher house and there it is commonly of course also read three times and so allowed and there it doth remaine vntill the last day of the Session of Parlement and then the Kings Royall Assent is had therevnto and there is written on the backside or within these wordes Le Roy le Veult And if it be anâ— Act which the King will not passe the Clerke of the Parlement writeth Le Roy S'aduiser'a which is a cleane and absolute refusall and all which was done is void and cannot bee reuiued in another Parlement without to begin all from the beginning againe So much for England In France all strangers that are not borne within the Kingdome and reside or dwell in the same Aubeine in France are subiect to the right of Aubeine so called Tanquam Alibi nati for after their death if they be not naturalized the King doth seise vpon all their goods they haue in France and appropriateth the same to his Exchequer or Finances without that the said strangers can dispose thereof by Testament or Will or that their lawfull heires can claime the same howbeit they may giue them and dispose thereof whiles they liue by contracts made betweene them A stranger also not dwelling within the Realme yet hauing gotten wealth or meanes within the same may dispose of it vnto his heyres and others although they were strangers Also if a stranger trauelling through the Kingdome of France should chance to die his heires shall enioy his goods which hee hath left at the time of his decease in France But when a stranger taketh letters of naturalization then may hee get wealth and possessions within the Realme lawfully and freely which letters of naturalization must be recorded in the Chamber of Accounts vpon paine of a penaltie payed to the King and his lawfull heires shall enioy the said possessions and goods so as hee be nature of the Realme or any other to whom the same be giuen by Will or Testament so as he also be naturalized as aforesaid But Monsieur Papon the Ciuilian saith That it is not sufficient for one to enioy the same to bee borne within the Realme but it must be also of a woman taken in marriage within the Realme and heerevpon alleageth an arrest or sentence of the Parlement of Paris whereby a cosin of a stranger deceased was preferred before the sister because the cosin was born within the realme and dwelling in the same and the sister did not dwell within the Realme and was borne in another countrey albeit she caused her selfe to be Naturalized after the decease of her brother whereof the Court had no regard because the goods by succession were gotten before which could not be made void by the Kings Letters Pattents Monsieur Banquet is of opinion That a Frenchman being departed the Kingdome for to dwell in another countrey that his goods present and to come doe appertaine vnto the King and cannot dispose thereof by Will or Testament as it hath beene proued by diuers Decrees of Parlement The King is Lord of all vacant goods and therefore wiues and children are to take Letters of Naturalization to purchase their quietnesse And if any stranger borne and naturalized should bee out of the Kingdome some eight or ten yeares vpon especiall occasion or otherwise hee is at his returne to take new Letters of Naturalization or a confirmation of the former by some approbation An obseruable consideration And herein is a speciall point to bee noted as a matter of record that those of Flanders Millaine and the French Countie of Sauoy are not bound to take Letters of Naturalization to dwell in this Kingdome because the French Kings pretend that the said countreys are theirs and were neuer alienated by any conseâ—t of theirs but are countries which at all times haue belongeth to the Crowne of France who doth acknowledge the subiects to bee true and loyall Frenchmen But it is requisite if they come to dwell and inhabite within the Realme that they take Letters of Naturalization to the end the Officers do not molest or trouble them By the premisses wee see that the Naturalizing in France is farre more compulsorie for Merchants than in England howbeit that in both Kingdomes if a stranger Naturalized after many yeares that hee hath inhabited the same bee desirous to returne to his father-land or natiue countrey he may surrender his Letters Pattents and bee discharged of his oath * ⎠* CHAP. XIIII Of the determination of Sea-faring causes HAuing now hitherto intreated of the Customes of Merchants with their Adiuncts and Accidents and therein obserued Time Number Weight and Measure as also the three Simples and Essentiall parts of Trafficke with their Effects and Properties let vs now consider of the Manner and Methode of the proceedings therein to see by what meanes they are determined and executed
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
they shall speake truth to that which shall be demanded of them 3 That they shall not require without iust cause any time of prolongation 4 That they haue not nor wil attempt to corrupt witnesses 6 The sixth time vpon the contestation and interlocutorie sentence you must obserue nine things 1 That the witnesses be presented in presence of the partie against whom they are produced 2 That they bee freemen and honest and not hired nor corrupted 3 That they bee sworne and the producent payeth his charges 4 You may inquire of the partie that doth produce the witnesses as also of the witnesses by certaine articles what may appertaine to the cause in regard of their admittance for to bee sworne because their deposition is the ground of the matter 5 That the plaintife hauing had three seuerall times to produce his witnesses shall not haue any other time to examine any more vnlesse he do sweare that he knoweth not what the former witnesses haue deposed and the Iudge do assent thereunto 6 If the witnesses haue declared any thing obscurely they may declare the same more plainely if the Iudge do desire the same at the intreatie of the partie according as he shall direct 7 After publication of the witnesses depositions there may not any other witnesses be deposed vpon the said interrogatories or any matter touching the same 8 That the witnesses be examined of the time of the place and of the case it selfe whether they haue seene or heard the same what they beleeue or know thereof or of the report they haue heard 9 That to auoid charges there be not too many examined A Maximo of the Law of Arragon The seuenth time is when all must bee alledged which may any manner of waies make for the state of the cause and if it fall out that two witnesses tell one tale as it were verbatim their euidence is voide and the eight time the Iudge proceedeth to a definitiue sentence and the ninth time which must be done within tenne daies the partie may appeale and therupon for the tenth time the pleyto or suite with all the records goeth out of that Iudges court to a higher court where it may not depend aboue a limited time The obseruations doe minister an occasion that many controuersies are ended without law for the parties are not sure to obserue these times and the defendants which seeke delaies are not contented with so short a time of pleading the complainant also may know whether it be safe for him to take his oath as aforesaid that hee is in conscience persuaded of his right To abridge the multiplicities of suits and moreuer paying a fine for wrong molestation abridged with them heretofore the multiplicities of suits Omitting now to speake of other courts of equitie and calling law and Equitie to bee the Common Law so much commended aboue the Ciuile Law by the said M r. Fortescue sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth who hath obserued fiue points wherein the same consisteth let vs obserue many more to extoll the excellencie of the said Common Law as followeth summarily 1 First because of the antiquitie thereof Excellencie of the Common Law of England for that in all the times that the Realme was inhabited by fiue seuerall nations the same was still ruled by the said Customes that it is now gouerned withall which if they had not beene good some of the Kings of these seuerall nations mooued either with justice or with reason and affection would haue changed or abolished the same especially the Romanes who iudged all the world 2 Secondly for that the Kings of England at their Coronation doe take a solemne oath to cause all the Customes of the Realme to be faithfully obserued according to the former institution 3 For that the said ancient Customs or Maximes therof are inexpugnable and doe stand of their owne authoritie as Principles which need no reason to confirme their authoritie as the Lawes of Solon Draco Carondas Licurgus Numa Pompilius and the Law of twelue Tables c. 4 Because all differences and controuersies which happen betweene the King and his subiects are tried and determined by the Law and if it be done in Parlement or by the Iudges it is still according to the Law 5 Because the King personally giueth not any iudgement especially when himselfe is a partie seeing it is against the Law of Nature to be both judge and partie 6 For that notwithstanding the decease of the Kings of England from time to time the Iudges of the Courts of Record that is to say of the Chancerie of the Kings Bench of the Common Pleas which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised and their power ended not immediately with the King howbeit the succeeding Kings doe confirme them in their offices whereby all seditions are preuented during the inter Regnum 7 For that with indifferencie without regard of persons it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects 8 For exercising a power ouer the Iudges which are not to judge of the Law but by the Law and therefore is the word Iudicium properly attributed to their determinations euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates following equitie as it were without Law For there is the like proportion betweene the Law and the execution thereof called Legis Actio as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium 9 For that the officers thereof are authorised according to the qualitie and due execution of it by a proportionable distribution namely The Iudges for terme of life and officers subalterne changing from yeare to yeare to the end the administration of justice may bee more indifferent 10 For the diuersitie of the triall thereof in seuerall Courts according to Law and Equitie is the cause of an agreeing and most necessarie discord as it were Concordi Discordia whereby the bodie of justice is supported by striuing as the stones vpholding a vault as Cato saith 11 For that the Iudges in criminall causes doe change from time to time their circuits and inferiour Iudges of the Court doe execute the place as well as superiour Iudges whereby partialitie is preuented 12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man seeing that euen in criminall causes it hath prouided as much as may stand with justice a helpe and fauour permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading and giuing them leaue to except against the Iurors which they dislike 13 For that it doth forbid the sale of offices thereby intending due administration of justice for where offices are sold as it were by the Great there justice is commonly solde by
Retaile 14 Because the same is most agreeable with the nature and disposition of the people and the qualitie of the countrey which by reason of the fertilitie affordeth verie conuenient meanes for the triall thereof by Iuries of twelue men the nature of the people being gentle 15 Because men are to reduce the state or issue of their cause vpon one peremptorie exception to bee tried by the verdict of twelue men whereby matters are determined with expedition 16 For that it commandeth not any thing but what is honest reasonable and possible in it selfe and all impossibilities are excluded thereby 17 For that thereof may bee made an Arte or Science in manner before declared seeing the same is finite in her Precepts according to the old Maximes or Principles whereunto euerie thing being reduced and explained as aforesaid all ambiguities and darke sentences would be taken away and the Iudges should easily giue a cleare vnderstanding thereof according to the order of Solon who made the Arropagits of Athens to be as Guardians of the Law 18 For that the triall thereof by a Iurie of twelue men vpon one point peremptorily or in certaintie is briefe and substantiall because the witnesses which are produced before them by whose euidence the state of the cause is made must be approued by the verdict of twelue men as aforesaid 19 For that the matter of Fact is distinguished from the matter of Law and is accordingly decided either by the Iurie vpon the matter of Fact or by the Iudges vpon Demurrer or otherwise vpon the matter of Law 20 For the indifferencie of the triall of controuersies and questions betweene the natiue subiects and aliens for they may haue their trialls Per medietatem linguae that is to say halfe the Iurie of strangers and the other halfe of English subiects to auoide partialitie 21 For that the Serieants and Councellors at the Law are to giue counsell and to helpe the poore which are not able to prosecute Law at their owne charges which they doe in forma pauperis by direction of the Lord Chancellor and the Lords chiefe Iustices of the Kings Bench and Common Pleas. 22 Finally the Common Law is excellent for hauing fewer faults and imperfections than any other Law being most sufficient to vphold the common-wealth in quietnesse Thus the Common Law of England hath like a Queene a Predominant power from whence proceedeth mutuall loue and sure amitie from the Prince to the subiects and from the subiects againe due obedience to the Prince in a most pleasant harmonie and concord deseruing the name of a Law receiued published and recorded without any reason to be rendred for the same as it were Lex cum Prologo wherewith Seneca found fault when he said Iubeat lex non suadeat And as the Law is deriued à ligare to bind so is the whole State of the Common-wealth bound to the head and may be made easier in practise For as the saâ—d Seneca saith Nil est quod pertinax opera diligens cura non expugnat Of the Lawes of the Kingdome of France THe Lawes of France are either written or customarie and according to this diuision the countrey is diuided Acquitanie and a part of Celtica next vnto it is called Pays de Droict escript because the Ciuile Law of the Romanes â—â— there in force Written Law the reason whereof is thought to be because the Romanes did continue long in those parts after the Frankes had made a thorough conquest of the other Belgica and the other part of Celtica is called Coustumier because for the most part they are gouerned by their auncient customes Ancient Customes which amongst them haue the force of Lawes howbeit neither the Ciuile Law nor the customarie are further in force than they are agreeable with the Edicts of the King Vnder the Law written are comprehended The Ciuile Law The Kings Edicts and Ordinances made by aduice either of the priuie Councell or of the three estates and The Arrests or Ordinances of the Courts of Parlement In the erections of their vniuersities of Law the King expresly declareth That they are not bound to the Ciuile Law neither receiue it for further vse than to draw instructions of good gouernement and reason from it as appeareth in the Charter at Orleans by Phillip le Bell Anno 1312 wherein hee sheweth that this Realme is gouerned by Custome and not by the Ciuile Law except in some Prouinces which the Kings haue permitted in some cases so to doe not as bound but as willing to continue the Law which their subiects of auncient time haue vsed So that the Ciuile Law generally is not in force but onely for direction and forme of pleading and proceeding in the order of the processe and where it is most in force the Courts of Parlement haue authoritie to construe and interprete it as they thinke good Of all the written Lawes in France the Ordinances and Edicts of the King are most in force insomuch as they are acknowledged for the onely Lawes and all other haue their life from them and are so farre forth auailable as they are strengthened by them The arrests of the Courts of Parlement are of great authoritie being pronounced in the name of the King and are as Lawes to be followed in all cases In like manner their Ordinances are to be followed onely during the time that the King prouideth not otherwise and in their owne circuit onely for they haue not authoritie to make Lawes generall and perpetuall The Customes which diuers Prouinces claime are of late yeares drawne into writings and published in print for the more easie vnderstanding of them and the auoiding of confusion so that now all the Lawes of France may be said to be written Lawes this was begun in the time of Charles the seuenth Anno 1453 and ordered also in the time of Henrie the third Anno 1579. Subsidies and jmpositions This manner of gouernement causeth subsidies and jmpositions to bee made as reuenues of the Crowne by the Kings authoritie which were at the first granted by the three estates vpon vrgent necessitie of the affaires of the Realme onely Clergie Nobility and Comâ—inaâ—le but now they are growne to be ordinarie Charles the seuenth was the first that made them ordinarie for the payment of souldiers Francis the first and Henrie the second did the like Personall subsidies are taken by the pole whereof Ecclesiasticall men Noblemen and Officers of the King Queene and children are exempted Reall or patrimoniall subsidies are leuied by lands in some prouinces as Languedoc and Prouence whereof no persons are exempted Mixt subsidies are leuied of the yeomandrie and some persons of meanes The greatest imposition is vpon Wines now fifteene soulz vpon euerie mewe And vpon Salt appointed by Philip de Valois Magazins of salt called Magazins or Gremers for salt forbidding Merchants to trafficke for it setting a rate of foure deniers vpon euerie pound of
salt Francis the first made the same perpetuall as the domaines of the crowne and all men are compelled to buy it at the Magazins vpon paine of punishment This impost is letten to farme for two millions of crownes or six hundred thousand pound sterling yearely The right of the sea belongeth to the King and he may lay impositions thirtie leagues from the land into the sea if no other soueraign prince be not within that precinct There are eight courts of Parlement in France and eight chambers of account At Paris erected 1302 by Philip le Bell. At Paris Courts of parlements At Tholouze also and confirmed by Charles the 7. In Britaigne At Grenoble 1453 by Lewis the 11. At Dion Courts of accounts At Bourdeaux 1462 by Lewis the 11. At Monpellier At Aix 1501 by Lewis the 12. In Dolphine At Dion 1476 by Lewis the 11 for Burgondie In Prouence At Roan 1449 by Lewis the 12 for Normandie At Blois At Rheames 1553 by H. the 2 for Britainie At Roan Of the Salique Law of France IT is an vsuall receiued opinion that Pharamond was the author of this law others thinke it was so called of the Gaules that were called Salie amongst whom that law was established for the auncient Gaules termed all their lawes either Ripuarie or Salique and in the time of Charlemaine they were called Saliques Neuerthelesse it is thought to haue beene inuented of latter time as by Philip le Long to frustrate the daughters of Lewis Huttin or else to haue had the first strength from an vsuall custome of all Barbarians which was neuer to suffer the females to inherit the crowne and so being begun in the first and second line of the kings it hath continued in the third and by custome it is rather confirmed than to be proued to be a law at any time ordained hauing beene little account made thereof vntill the controuersies betweene Philip le Long and Endes duke of Burgondie who claimed it for his neece Iane daughter to Lewis Huttin and Philip de Valois with Edward king of England The booke of the Salique lawes is but a collection howbeit there is no example euer heard of that any woman gouerned Of the lawes of the higher and low Germanie concurring with the Ciuile Law and the Courts of Equitie in substance THe courts of Equitie beyond the seas after bill and answere replication and reioynder and sometimes duplication and at last conclusion with the examination of witnesses in serious manner The whole proceedings are deliuered to certaine Doctors or learned men which are as masters of the Chancerie or belonging to certaine Vniuersities to be abreuiated which is called ad rotulandum who doe cut off all superfluous things which vpon the matter are confessed on both sides To abreuiate long processe or are not materiall to the state of the cause to bring the differences betweene the parties to certaine points or heads wherupon the said parties with the aduice of the aduocates or learned counsell do dispute and debate the said differences to bring them as it were ripe and perfected before the Iudge For if the defendant will take couertly any exceptions against the Iudge of that iurisdiction he may haue the whole processe made vp in the name of A.B. and C.D. as it were complainant and defendant without naming either of the parties and the same to be sent vnder the towne seale vnto Doctors or other learned men of Vniuersities elected thereunto in other iurisdictions which do giue their sentence or iudgement thereupon and returne the same back againe vnder seale before the Iudge where the cause was depending who calling both parties before him demandeth of them whether he shal open the proces and whether they will stand to the iudgement therein contained and if the complainant descend thereunto then is the defendant thereby concluded seeing he had his choice and did in a maner appeale from the Iudge whereupon execution is presently had and matters are ended with expedition By the premisses we may obserue how other lawes are variable and subiect to alteration and that the Law-Merchant is constant and permanent in her customes which therefore are not to be infringed but seriously to be maintained by all the foure precedent meanes or some selected course of execution to be deuised concurring with the same For the better furtherance wherof and more exact explanation by contraries I haue for a Corrollarie of this worke added hereunto three Paradoxes alluding to the said three Essentiall parts of Trafficke which will illustrate the most materiall consideration to be had in the course of Trafficke and Trade CHAP. XVIII Three Paradoxes alluding to the three Essentiall parts of Trafficke HAuing heretofore published a Treatise intituled Englands view in the vnmasking of two Paradoxes which had beene presented vnto the French King Henrie the fourth as a matter of great consequence and considerable in the gouernement of common-weales and finding that the true vnderstanding of them with a third Paradox obserued by me did properly allude to the contents of this booke or the three Essentiall parts of Trafficke namely Commodities Money and Exchange for Money I did resolue to handle the substance of them for a Corrollarie of the same Paradox what it is the rather because Paradoxes are things contrarie to the vulgar opinion and will also make all the premisses more manifest and apparant by their conclusion The said two Paradoxes presented by Monsieur Malestroit one of the officers of the Finances or Treasurie in France were as followeth saying 1 That to complaine of the generall dearth of all things in France was without cause Commodities for there was nothing growne deere these three hundreth yeares 2 That there is much to be lost vpon a crowne Money and or any other money of gold and siluer albeit one do giue the same in payment at the price he did receiue the same The third Paradox which I haue added hereunto is 3 That the imaginarie moneys supposed in Exchanges for money Exchange made by Bills of Exchanges do ouerrule the course and propertie of Reall and Substantiall moneys in specie Monsieur Malestroit saith that since the ancient permutation hath beene changed in buying and selling and that the first riches of men which consisted of cattell was transferred to the gold and siluer whereby all things haue receiued their estimation Gold and Siluer are the Iudges of good cheape or dearth it followeth that those mettalls are the right judges of good cheape or dearth of all things Wee cannot say that any thing is deerer than it was three hundred yeares ago vnlesse that for the buying thereof wee must now giue more Gold and Siluer than wee did then But for the buying of all things wee doe not giue now more Gold or Siluer than wee did then therefore saieth he nothing is growne deerer in France since that time To proue this he doth alledge That during the raigne of
King Philip de Valois in the yere 1328 the French crown of the flowerdeluce as good in weight and finenesse as the French crowne of the Sunne now was then worth but twentie soulz tournois commonly accounted to be two shillings sterling In those daies saieth he the French elle or yard of Veluet was worth foure liuers which is foure crownes or eight shillings sterling the said elle of Veluet doth now cost ten liuers or twentie shillings and the French crowne which was then valued at two shillings is now valued at fiftie soulz or fiue shillings so that foure crownes do make the said twentie shillings yet the said French crownes doe not containe more gold in weight or finenesse than before and consequently the veluet is not now deerer than it was then The gentleman that hath now fiue hundreth liuers by the yere to spend hath no more than he that had one hundreth liuers to spend in those daies and in like manner he proceedeth for Corne Wine and other commodities and thereupon concluded That the dearth of all things is but imaginarie and a vaine opinion to conceiue that things should be deerer now than in those daies The second Paradox THere is much to be lost vpon a Crowne or any other money although the same be giuen in paiment at the price it was receiued This saieth Monsieur Malestroit is an old and common error rooted in the iudgement of most men that are far from the marke and without their reckoning as he will manifest in the former termes In the aforesaid time of King Philip de Valois the French crowne aforesaid was worth but twentie soulz which is now currant for fiftie soulz The gentleman that had fiftie soulz rent or income did receiue for it two crownes and ahalfe or so much in siluer accordingly for which two crownes and a halfe he had halfe a yard and halfe a quarter of veluet after the rate of foure liuers the yard which was the price of veluet then now for this fiftie soulz the gentleman doth receiue but one crowne or so much of siluer money and for that one crowne now he can buy but one quarter of a yard of veluet after the rate of ten liuers that veluet is now worth whereas before hee had halfe a yard and halfe a quarter although hee haue giuen the same in payment for fiftie Sols which is the price for which hee receiued the said Crowne and so proceedeth with other the like examples in the buying of commodities with siluer coyne or in the receiuing of rents or incomes adding further thereunto that if any man will obiect and say I care not what the crowne liuer or soulz is worth so as I hauing a hundreth liuers of rent paied mee and that I can pay out againe the said hundreth liuers This man saith hee must then make proofe that he can haue now as much ware for two soulz as he could haue had in times past for two soulz which were of fine siluer and now almost of copper and in doing so hee should make a third Paradox more strange than the former for hee should goe about to prooue euerie thing to bee become better cheape which cannot bee prooued The substance and intention of these two Paradoxes is saith hee to shew that the King and his subiects doe buy all things as deere as in times past for that they must giue as great a quantitie of gold and siluer as in times past but by the inhauncing of the price of the moneys of gold from whence of necessitie proceedeth the abating of the siluer moneys Inhauncing of gold abateth the siluer in regard of proportion betweene them the King doth not receiue in payment of his reuenues such a quantitie of gold and siluer as his predecessors In like manner Noblemen and Gentlemen that haue great reuenues and incombes doe not receiue such a quantitie of gold and siluer as in times past but are payed as the King is in copper in liew of gold and siluer For which copper according to the second Paradox they cannot haue so much wares as they might haue for the like quantitie of gold and siluer so that the losse which wee haue by the growing deere of all things commeth not by giuing more but by receiuing lesse quantitie of gold and siluer than before whereby wee see manifestly that the more wee doe inhaunce the price of money the more we lose Monsieur Bodine the famous and learned Politician The great French Politician tooke vpon him to make an answere vnto those two Paradoxes being of another opinion and setteth downe other causes of the dearth of things which are fiue in number namely 1 The principall and almost onely cause The aboundance of gold and siluer now extant in the Kingdome more than in times past 2 The Monopolies 3 The Want of things causeth by excessiue Trade and wast thereof 4 The Pleasure of Princes that aduance the price of things 5 The alteration of the Valuation of Moneys To proue the first case and principall he alleageth diuers examples Plutarch and Plinie doe witnesse Examples of great wealth that Paulus Aemilius after the conquest of Macedon against the Persians did bring such aboundance of gold and siluer to Rome that the people were freed of all Imposts and the price of lands aduanced vnto two third parts suddenly The Emperour Augustus brought such great treasure from Egypt that the price of vsurie did decrease and lands became much dearer and the like at Ierusalem by the comming of the Queene of Candace and in the West Indies by the Spaniards conquest there and heereunto hee maketh a comparison of the want of moneys in times past The French King Iohn in England c. for the paiment of the ransome of Princes taken prisoners in those dayes and the meanes of the increase of wealth by the discouerie of the West Indies the propagation of the people in France their trade for Turkie and Barbarie their Banke at Lyons and other accidents Concerning the second cause of Monopolies hee doth passe ouer the same as a matter not considerable and doth limit Monopolies onely to the combination of Merchants and Artificers in the setting of a price to commodities or their handie worke by augmenting their wages Touching the third cause of the dearth of things by the want or waste of them hee obserueth some especiall things that corne and wine are better cheape during the time of warre than peace because the Husbandman is driuen to sell and to make money of his wares and the Gentleman finding the same perishable when the Merchant dare not lade his ships doth abate the price of commodities and maketh the people to liue good cheape which according to the Prouerbe France can neuer be famished would alwaies continue The Fertilitie of France if by the meanes of the stranger their storehouses were not emptied Concerning the fourth cause of the pleasure of Princes imposing a price vpon commodities
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
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
and equalitie of moneys domesticall and forraine A most easie remedie aâ— aforesaid and to let all Merchants exchange one with another by Billes of Exchanges as they now doe and can agree amongst themselues but neuer vnder that price seeing it is against all reason nature and policie to vndervalue the Kings money by exchange and all the commodities accordingly to the incredible losse of the Realme Will not this be as easie to be done as we see the rudder of a ship doth gouerne the greatest carracke or vessell being but a small peece of timber fastened vpon the paralell of the keelne of the ship whereby it is directed according to all the variations of the Compasse as wee haue said elsewhere Let the practise hereof assure vs and we shall not need to seeke the golden Fleece in Colchos which wee haue within our owne Iland of Great Britannia our feeble pulses will be felt when our hammers shall beate in the Mint for moneys and bullion are to the State a second life If any Hedgmint for so doe the States of the Vnited Prouinces of the Netherlands call the Mints of pettie Lords Hedgemints what they bâ— which by falsified standards do imitate to coyne the money of other Princes should seeke to maintaine inequalitie all their imaginations will proue to be but chymeraes and toyes for it will bee easier for the King to alter the price of this equalitie of exchange accordingly than it is for a Miller to turne his mill to grind his corne with all windes insomuch that when it shall bee once established and knowne there will not want some backbiter or Momus to make little estimation of this Columbus voyage to the rich Indias and goe about to disgrace this great seruice to the King and Commonwealth for they shall be able to set an egge on the end by way of imitation as others did when they saw it done before Prerogatiue Royall to set a price for moneys By these meanes shall the ancient Office of the Kings Royall Exchanger bee supplied and it is one of the greatest prerogatiues the King hath to set downe a price on his owne coyne and thereby to giue a certaine measure to buy and sell which is by the Merchants exchange and conniuence of tolleration by forraine States abridged and in a manner frustrated and it imports the King more to reforme this exchange than any other Prince because God hath so blessed England that no Nation of Christendom trafficketh so much in bulke of Staple commodities as this Realme which Boters though altogether Spanish in times past and no friend to England confesseth that two yeares before the taking of Antuerp An. 1584. all the wares of Christendome being valued and summed by the officers of that City which were vented there in one yeare the whole being diuided into sixe parts the English amounted to foure parts thereof which is the cause also that England hath the head of exchange The Basis of Exchange which is our Basis and foundation of our twentie shillings sterling whereupon most exchanges are made and this head may command the members and parts of the body more conueniently by the Kings commandement as before hath beene declared I haue in this Chapter thought conuenient to remember this important matter againe with a varietie of stile to reuiue and recreate the spirit of the Reader to the end all the premisses may in his apprehension and conceit giue more delight and pleasure euen to naturall mother wit whose commendation may not bee omitted CHAP. XIX The due commendation of naturall Mother Wit FOr as much as all humane actions being fallen from perfection to imperfection are to ascend againe from imperfection to some measure of perfection Naturall Mother Wit casting her eyes backe Per varios casus per tot discrimina rerum challengeth the precedencie of Art by way of Prosopopeia by her ingenious obseruation of number weight and measure vnder which she hath noted that all substantiall things vnder the cope of Heauen are subiect Who will denie saieth the intellectuall part of Wit that euen as forma dat esse rei so I caused dame Nature to performe her function by producing spotted lambs when I ouercame the eie-sight in generation Gen. 30. ver 37 so when the teeth of infants come forth orderly and conioyned by my obseruation are they made an obiect for the tongue to play vpon did not I teach those that could not pronounce the letter R to lay little pimble stones vnder their tongue to eleuate the same to make them apt thereunto as also to cause the ligaments to be broken without which the Grammarian cannot ascribe to himselfe Grammatica Vox literata aâ—ticulata debito modo pronunciata By which abilitie the Caldean Hebrew Greeke and Latine letters were afterwards by Arts inuented ypon which foundation Logicke was builded whereby I caused verum falsum to be distinguished and trueth to be descerned which the Logitians haue so much obscured by their Sillogismes and Arguments founded vpon Distinctions Diuisions Subdiuisions Logica Quillets and Exceptions by varietie of termes that without my helpe the trueth can hardly nakedly be knowne which by Art should be made plaine and not intricate for a ripe Wit will dispell the foggie mysteries of deceitfull fallacies as the Sunne driueth away the winds and clouds Poets are beholding vnto me whose Naturall wittie facultie maketh them famous according to the prouerbe Nascimur Poetae fimus Oratores But now Art steppeth in Rhetorica and claimeth the honour of Rhetoricke as deuised by her with the helpe of the facunditie and fluencie of speech and is called Ornatus persuasio whereunto the celeritie of Wit occurreth saying soft sir do not take me to be all Wit without wisdome like vnto trees full of faire leaues without fruit Arithmetica for loe yonder commeth Arithmeticke which is the originall and ground of all the seuen liberall Sciences or Arts without which non of them can subsist her poesie is Par impar This foundation was laied by me amongst the heathens and vnlearned creatures of America and other countries to demonstrate numbers by fingers and toes telling two three foure and so to ten then ten and one and ten and two and so forth still making signes as they speake and when they will reckon twentie they will hold downe both their hands to their feet shewing all their fingers and toes and as the number is greater so will they double and augment the signe obseruing the same by a little bundle of stickes laied or tied together and separated a sunder obseruing thereby their paiments and promisses according to Number Weight and Measure This is that accounting by scores yet vsed whereof their Arithmeticke gaue denomination before any of the said Arts were inuented and this is properly to be attributed vnto me ab origine For I haue noted that in things created and ingendred the Elements are
Coelo the rather for that so many good Acts of Parlement haue beene made long since concerning the same when the Staple of our commodities did flourish both here and beyond the Seas in the time of King Edward the third The maintenance of â—ree Trade Anno 1622. And hauing of late published tenne causes of the decay of Trade it may be thought conuenient to examine the same vpon the said points 1 The vnderualuation of our moneys by Bills of Exchanges and the ouerualuation consequently of forraine coyne vnto vs which is the Efficient Cause of the want of money in England 2 Vsurie Politike practised by many and abandoning Trade 3 The litigious suits in Law to the hindrance of Trade 4 The neglect of the fishing Trade preoccupied by other Nations 5 The endraping of Wooll in other countreys of late much increased 6 The policies of Merchants of seuerall Societies 7 The false making of Cloth and other manufactures 8 The exportation of the materialls of Woolls Woolfels c. 9 The warres of Christendome Pirats and Bankerupts 10 The immoderate vse of forraine commodities within the Realme But before we come to this examination The beginning of the Staple let vs obserue the beginning of the Staple and their priuiledges in the gouernement thereof The most ancient foundation of Merchants and merchandising in this Kingdome both for Trade and Gouernement had by continuance of time before King Henrie the third did obtaine the name of Staple the commodities of the Realme as Woolls Leather Woolfells fells Lead Tinne Butter Cheese Clothes and other commodities were called Staple Merchandise The Ports from whence the said commodities were to bee transported were called Staple Ports as London Westminster Hull Boyston Bristoll Southampton New Castle and other places The places of residence of these Merchants both within this land and beyond the seas were called the Staples the Lawes and Ordinances made by the said Merchants were called Staple Lawes vnder their gouernement consisting of a Maior two Constables and other Officers hath the trade of this Kingdome time out of mind flourished to the great inriching of the Kings and Kingdomes and it hath beene supported and assisted by the wisedome of the State in all ages as may appeare by the seuerall Acts of Parlement made for that purpose in the times of Henrie the third Edward the third Richard the second Henrie the fourth Henrie the fifth Henrie the sixth and King Henrie the seuenth So that comprehending the Merchants aduenturers Societie with them which began in the said time of King Henrie the seuenth it is aboue foure hundreth yeares standing that the said Societie hath beene as we haue noted For by the prouidence of all those Princes the Staple Trade was from time to time established and especially by King Edward the third in whose raigne a great number of memorable Lawes were made for the purpose appointing the said officers and their fees to preuent extortion and all the Kings subiects that would bring their goods to the Staple and trade The ancient free Trade according to the Lawes and Ordinances thereof were admitted to be Merchants such was the free trade of this kingdome in those daies wherein the subiects of all sorts vpon all occasions might freely participate vnder gouernment At these Staples were the Kings Customes duely collected and by the officers of the Staple at two seuerall times paied into the Kings Exchequer and by their gouernment were many inconueniencies preuented whereby the former causes of the decay of trade were either moderated or reformed namely 1 The moneys of the Realme were required to bee answered in true exchange according to their intrinsike value and their Doller or other forraine coyne was by the Maior and Constables valued accordingly for there was no merchandising exchange vsed neither were Bankers knowne and when there wanted money in the kingdome or was like to want order was taken by them to import Bullion either the 1 â— or 1 â— part of the value of commodities exported The debts betweene Merchants were transferred or set ouer by bills to bee registred before the Maior or Constable which was currant without the strict proceedings of our Common Law And the like may be done now by a Register authorised by his Maiesties letters Parents 2 In those dayes vsurie was accounted to bee an abominable thing for it was not vsed by any course politike but seeing it is now so generall in all countreys the best remedie to abate the same in price is to procure plentie of money within the Realme by the meanes before mentioned which will bee more effectuall of course than any law that will be deuised for the moderation thereof 3 To auoide the litigious suits in law the said Maior and Constables of the Staple had authoritie to determine them with all expedition and if it were vpon a difference betweene a Stapler and a Merchant stranger there were two Merchants strangers admitted and ioyned with the Maior or Constables to determine the same and that with a present execution without delay especially vpon a Statute Staple acknowledged before the Maior or Constable as aforesaid 4 The fishing Trade was not preoccupied by forrain nations as it hath beene within these hundreth yeares as hath beene noted albeit such Ships as were permitted to fish in the Kings Seas and dominions payed six pence for euerie tunne burthen which is now eighteen pence and this trade might be established with vs notwithstanding that the seuerall Societies of the Merchants Aduenturers Russia and Eastland Merchants are of opinion that England cannot maintaine the same and the cloth Trade together as they haue certified 5 The indraping of wooll or making of cloth being of late much increased beyond the Seas and lesse cloth made with vs may giue the better meanes to establish the fishing Trade as aforesaid 6 The pollicies of Merchants of seuerall countries is to bee met withall as the Staplers did in times past looking to the sales both of woolls and all other Staple commodities and the prices of forraine commodities to preuent the ouerballancing in price of the said forraine wares with our natiue commodities 7 To preuent the false making of cloth let vs obserue that at these Staples Merchants goods were alwaies diligently and carefully viewed and subscribed by the Correctors and other Officers of the Staple to the end that all goods exported might bee answerable in goodnesse to their expectation vpon the view required whereby this Staple Trade continued without any interruption for they were the sole Merchants of the Realme without competitors vntill the time of King Henrie the fourth at which time certaine Mariners and Mercers of London vsing to barter English clothes in Holland Zealand Brabant and other places had by the said King Henry the fourth a gouernour set ouer them onely to bee a iudge to heare and decide their controuersies and to punish their misdemeanors with license that they might congregate themselues for that