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

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which is worth aboue eight hundreth thousand pounds sterling but there is none found now In the Island of Santo Domingo all is exhausted also and so will it be in Perou and the West-Indies it is more like to continue in Africa and Barbarie because of the climate Cold climates haue abounded with Gold albeit that Hungarie in Pannonia lyeth vnder fiftie and three degrees and is a colder climate than ours and neuerthelesse hath yeelded aboundance of Gold since the yeare 1527 vntill the yere 1568 as by a certaine record appeareth which was kept thereof The King of Spaine was wont to haue from Castle de Mina vpon the coast of Africa aboue eightie thousand pounds worth euerie yeare which is now almost decreased to the one halfe and all along that coast the Hollanders and the French Merchants complaine of the small quantitie now extant or there to be found to make returne of their commodities Hides and Waxe not being so plentifull as in times past Turkie is hindered also to haue such quantitie of Gold as in times past came out of Persia vnto them Of the Gold of Ophir Gold of Ophir we heare but a discourse of old obseruation That Salomon had the Gold from that place to beautifie the temple of Ierusalem and his pallace This is held to be the Island of Sumatra or Taprobana being the greatest of all the Orientall Islands The scituation of Sumatra and is diuided from the firme land of Malacca by a strait and daungerous sea by reason of many Islands and Cliffes that are within it It lyeth vnder nine degrees on the South-side of the Line which no doubt is verie rich of Mines of Gold Siluer and Copper The Hollanders did touch there in their first voyage they made for the East-Indies where the Inhabitants make excellent Brasse Peeces and are opulent in all things But I neuer haue yet heard of any Gold brought from thence neither from the Island of Iaua Maior which lyeth right ouer the Island of Sumatra on the South-side of the Aequinoctiall Line which may be hereafter shal appeare for out of all doubt mens treasures are hourded vp in Gold in many places It is recorded that Dauid left in Gold besides Siluer 180 millions sterling according to the calculation But Salomon left behind him but one tenth part of that namely eighteene millions Siluer is alwaies found more aboundantly Siluer Mines because of the number of Siluer Mines found in diuers countries and for that all Leade Mines containe some Siluer especially the poore Lead Mines the Ore whereof yeeldeth but small quantitie of Lead either 25 or 30 ll weight in one hundreth of Ore and that Siluer containeth likewise some Gold found sometimes to be three or foure ounces in one hundreth pound weight besides the Copper in the Siluer Ore The Siluer Mines of Hungarie and Bohemia as also Sweaden are drawne out but do continue in Germanie in many places which haue properly the Siluer Ore of the Celestiall colour with fine grains glistring like little staires In Saxonie the Mines are richer so are the Mines of the Seuerstall Mountaines Seuerstall Siluer Mines which haue continually yeelded six or eight thousand pound weight a yere but are wrought vpon at leasure The Mines in the West-Indies are the principall in quantitie of poore Ore where manie hands make light worke For the King of Spaine doth diuide his grounds by proportion to his subiects to worke for him allowing them money and Quicke-siluer to seperate the siluer from the drossie substance and they must pay him againe in Siluer after a certaine rate and were it not for the quantitie of Ore the Siluer would be verie little For I am assured by the information of one Don Rodrigo de Cordua of the house of Toledo a knight who had liued in the West-Indies many yeares and attended the great Mine of Potosie Potosie Mine of Siluer in the West-Indies That the Ore thereof containeth not aboue 1 ½ ounce of Siluer in a hundreth the like was affirmed by a Portugall called Antonio Diaz who had dwelt thirtie and two yeares in the said West-Indies I was interpreter betweene our soueraigne Lord Iames and the said Antonio when he made the triall of the Siluer Ore of Scotland in the Tower of London with Quick-siluer before the King and did informe his Maiestie hereof as also that the best Siluer Mine that euer was wrought vpon in the West-Indies did not containe aboue eight ounces in one hundreth weight The Mines in Germanie are farre richer Charles Mine in Misnia some containe thirtie and fortie ounces that is to say by the mixt mettall Ore taking of it disquisitiuely or here and there for the blossome of Siluer appearing in some braunches is fine or better than sterling which therfore doth not proportionate the goodnesse of the Mine whereof more hereafter Now leauing the Mines of the Earle of Mansfield and others that are in Tiroll and other places of Germanie we must not forget to giue the due commendation vnto the noble Duke of Brownswicke that to his losse did maintaine the Siluer Mine of the Wild-man Mines in the Duke of Browneswikes countrie or Sauage in his countrie onely to set the people on worke being indeed but a Mine of course Lead whereof he had great store heretofore six hundreth weight of Ore making but one hundreth of Lead and that hundreth of Lead hath but 1 ½ ounce of Siluer whereof his Dollers are made expressing the same by the Inscription which may verie well be assumed by many for their Posie Alijs inseruiendo consumor As the candle doth which by consumption of it selfe doth giue light vnto others The stampe of those Dollers is a sauage man holding a burning candle in one hand and the trunke of a tree in the other hand and the Emperors Armes on the other side Siluer Mines of Great Brittaine I cannot therefore without griefe discourse of the Siluer Mines of this Monarchie of Great Brittaine and heartily lament to see them lie dead and buried in obliuion because I haue heretofore sought to aduance the working of them for it is now about foureteene yeares since I caused diuers workemen to come out of Saxonie Brownswike and other places in Germanie at my great charges to the number of seuenteene persons some for the Siluer Mines in the Bishopricke of Duresme Richmondshire others for the Lead Mines in Richmondshire in the county of Yorke some for the Allome workes there also and some for the making of Steele in Wales wherein the noble Lord Eure deceased and certaine London Merchants had vndertaken to proceed with me The action being applauded by a great personage then in authoritie and now deceased who promised all the fauour that he could do but he had some other priuat designs herein as he had also in the Siluer Ore of Scotland whereof we are now to intreate in so much that the actions
Braces for a mile of 6 Roads is 1300 Roades Holland 2000 Roads is 5 Holland miles for 4 Flaunders miles In Aegypt their Cubitus Geometricus is 6 of our Cubits they reckon by Scena which is a Spanish mile Persia Parasangia of 30 Stadia or Funiculi they measure with 24 fingers the cubit and Cubicus Regius is 27 Fingers The Romans did vse the Finger Palme and the Foot making foure Palmes In the measuring of lands and waies diuers measures were by the said Romans diuided into 12 ounces and the ounce in 24 scruples and so they called a foot a pound and 2 foot Dupondium The Emperors tables were foure foot square euery way yet in vse in Germanie and the East-countries but in England France and the Low-countries are longer than broad is to sit 16 persons euerie where Iugerum is vsed as a measure in Castilia and about Rome being an old measure Iuger quasi Iunctus being one daies labour of two oxen at the plough vno iugo Bovum was the space of 240 Foot broad 120 containing 28800 which is correspondent to one halfe great Measure of land wherein they did also vse many diuisions and subdiuisions according to the pound weight Of the nature and diuersitie of Colours ALbeit that colours are not comprehended in themselues vnder weight and measure yet because the quantitie of the stuffe wherby things are dyed are done by weight as you may note in the precedent obseruation of Woad and for that merchants may giue the better iudgement of colours knowing the nature thereof I haue thought good for varieties sake to intreat thereof The nature of all colours is confined betweene White and Black and the originall colours proceeding and relating to the middle of them which is Greene for so experience hath taught vs in progresse of time by long obseruation wherein by Art I haue found the truth by variation without the mysterie of dying more certaine than Aristotle or other Phylosophers by reason haue conceiued according to the Theoricke part by them described which by the Practicke part I am assured of by experience as aforesaid The originall or primarie colours are seuen as compleat in number and all other colours are mixt and deriued from them according to the order following Albus White easily conuerted by decay of nature Flanus Yellow easily conuerted by decay of nature Puniceus light Red is neither Blew nor Purple Viridis Greene apt to be made into Blew Purpureus Purple easily turned to Blacke Caruleus Blew easily turned to Blacke Niger Blacke the true ground whereof is Blew All colours are light or obscure Lucida vel Opaca and they all except Blacke may be called light as more or lesse partaking thereof In White is most light and shadow or darknes least or none at all In Blew is the contrarie most shadow and lesse light In Yellow is inward light and lesse obscuritie In Purple is the contrarie inward obscuritie and lesse light In Greene is equalitie of light and darkenesse In light Red is more light than obscuritie So that for too much want of obscuritie commeth whitenesse and for too much want of White or lightnesse commeth blacknesse and a cloth dyed Yellow being put into the Blew woaded vessell maketh an excellent Greene. There was light and darkenesse before the Planet of the Sunne was created albeit the distinction betweene day and night is ascribed to the Sunne Now the Moone hath no light but what the Sunne doth impart vnto her and the colours of the Raine-bow in the day time being produced by the foure Elements doe approoue these colours to be so in nature whereof the Philosophers haue giuen a reason accordingly But considering the curiositie of them and especially of Aristotle it is strange vnto me that they haue not made mention of the colours of the Raine-bow in the night time when the Moone is at full and opposite to the Sunne which colours neuerthelesse take a reflection vpon the cloudes and obscuritie of the night far differing from the colour of the Raine-bow in the day time vpon the declination of the Sun insomuch that albeit all colours must be discerned by light and so iudged accordingly yet their operation doth differ very much as may bee shewed The propertie of all colours is to bee subiect to the ayre and Sunne and all of them doe vanish but in the blacke it is least seene and is also the surest hauing his ground vpon the blew so it bee a blew substantiall of Woad or Indico which is the extraction of the Herbe Glaustum or Anill in the East and West Indies like vnto our greene Woad but the leaues of it are round and not long howbeit the climate and ground make the maine difference There was of late yeares two great controuersies at the Councell Table the one concerning the dying of Black-silke Dying of Blacke silke called London Dye the other concerning the vse of Log-wood being a false glorious colour Concerning the London dye of Silke it was prooued that one pound of 16 ounces was by sophistications of additements augmented to 32 ounces and fortie ounces which fraud commeth to passe by reason of the gummy matter or substance whereof the silke was not purged for blacke dye as it is in colours whereby it made such an increase in weight To preuent this abuse a Corporation of Silke-men were made and neuerthelesse forasmuch that a reasonable increase of 8 ounces doth looke fairer and can bee better vsed there remained a tolleration of this increase in London The way to find out the fraud was by controlling the weight by measure which by convulsion becommeth contracted so that if the silke being purged decreaseth 16 ounces to 13 and 12 will moderately haue afterwards some increase then this silke being measured by the yard in Skeanes and marked with Leads and so deliuered to the Dyar must bee receiued accordingly without such contraction and decrease of length by the increase of weight these two controlling each other The indifferent course therefore is the golden meane Dying by the helpe of Logwood so is it done concerning Log-wood being good cheape and fit for dying of a faire colour although vanishing seruing for the poore people wearing couse Stuffe or vsing things of small value that notwithstanding that the vse of it was prohibited as well as the importation yet now of late there is a competent quantity admitted to be vsed by Letters Pattent and Proclamation A Table of the Standard for the true making of Woollen Clothes according to the Waight and Measure declared by the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine c. THe Sacke of Wooll appointed by King Edward the third is distinguished according to the Lunare yeare of 13 monethes of 28 dayes making in all 364 ll or 365 ll for so many dayes in the yeare the Todd of Wooll being 28 ll for so many dayes in the moneth and 13 Todds for so many
impose ouer great Customes to be paied vpon commodities whereby the people is set on worke both vpon goods imported and exported It is therefore prohibited in France that tallow be brought in but not candles old shoes but not cobled paper but not cards and the like much more for richer wares as silkes cotton-wools and linnen c. The commodities which are not made at all or but in small quantitie in England and may be practised are manie as Buckrams Tapistrie Bustians Cambrickes Canuas Cables Babies cloth of Gold and Siluer Damaske Diaper Mather Paper and diuers other things all which may bee made in time Quia nemo nascitur artifex And herein is to be considered That all other nations being carefull to maintaine manufactures cannot but take an offence if any other nation will endeauour to doe all and to exclude others which extremitie enforceth another One extremitie enforceth another as we haue found by the enterprise of the late new companie for dressing and dying of all the white clothes in England which caused other nations to make clothes of their owne by the woolls of other nations For as hath beene noted it is contrarie to that common entercourse and mutuall course of commodities whereof some countries are destitute and other countries do abound thereby supplying the barrennesse of the one with the superfluities of the other maintaining a friendly correspondence and familiaritie The Impresa Sceptra foeuent Artes may better be attributed to common-weales or popular gouernments than vnto Monarchies or Kingdomes because experience proueth the same vnto vs by the great quantities made of manufactures and dispersed by way of trade as we haue noted by the laudable engrossing of them at Norenbourgh To vndersell commodities is verie dangerous The striuing of making commodities and to vndersel one another are dangerous and preiudiciall to both parties for by their contention they hinder each other and bring commodities to be lesse esteemed This is a matter of great consequence for statesmen to be taken into their serious consideration for as the Spaniard saieth Quien todo lo quiere todo lo pierde Setting the fishing trade apart which causeth all sorts of poore to imploy their hands though they want legs let me recommend vnto you Bogging of Peate and Turfe the making and bogging of Peate and Turfe the rather for the want of wood which England is like to haue in progresse of time the woods being much decayed and inhaunced in price and Peate and Turfe may bee made seruiceable to supplie the vses of wood and set an infinite number of people on worke As the making of Yron and all other mettalls made in fowndries and fineries the boiling of mineralls as Allome Salt-peeter Copperas and the like the burning of Brickes and Tyles the making of Glasse the refining of Sugar besides the common vse for brewing baking dying and other professions and euerie man consuming wood more or lesse in his house besides sea-coale Commodities by the bogging of Turfe And here I cannot omit to say something of the commodities which wil redound hereby to the commonwealth namely all boggie wast grounds and quagmires vnprofitable and dangerous for feeding of cattle and deere shall be conuerted to profitable vses in the making of Peate and Turfe and in time with the oft dreaning of the waters turne to firme ground and fish-ponds It will preuent the oft drowning of deere and cattell venturing for some grasse growing in bogs and quagmires whereby also many of them become rotten by drinking the vnwholesome red waters thereof All the said grounds wil be safer and pleasing for hunting and planting of woods and the fish-ponds may be planted round about with Osiers hazelwood for hoopes with diuers other profitable meanes as in Holland for the said turffe is to bee made according to their manner auoiding the sulphurous smell by two yeares drying of them before their vse and then they will in time bee vsed by most men which now find the said turffe to bee offensiue as they did in the beginning when sea-coales came to bee vsed in priuate mens houses if this had beene followed the bogging of turffe had beene alreadie pleasing and profitable Next let vs somewhat digresse from Manufacture to Apifacture Apifacture of Hony Wax and with Salomon the wise send the sluggard to imitate the painefull and laborious Bees for the increase of Hony and Waxe in England Scotland and Ireland and others of his Maiesties dominions and let mans helpe succour this Apifacture if it may be so called as followeth The meanes to increase Hony and Wax doth properly consist in the preferuation of Bees and the making of conuenient Skepes or Bee-hyues after a new inuention Namely you may make your Skepes either with Straw or Wicker of two sorts The Beehyue of two pieces and to bee of two pieces to take off at the crowne or neere the midst of the Hyue that when they haue gathered and filled vp their house and that the roome is scant within then take away the vpper halfe and clap on a boord or the bottome or head of a pitch Barrell or tarre Barrell or the like hauing pitch on it casting Mault meale or Beane meale vpon the same and then daube it well with clay about the skirts and setting on with your clay mixt with some salt and when you haue thus done then raise it vp below with so many wreythes as you tooke aboue for the gelding of your Hyues before which is verie needfull to make the greater plentie and increase For making your Skepes in this manner the Hony may bee taken at all times but especially when you doe perceiue by the lifting vp of your Skepes that your Bees are well prouided for the Winters prouision and that there bee plentie of food yet to gather then cappe them Take a strong wyer make it flat and cut your combes in two and then haue a parchment in readinesse to follow the wyer to keepe a sunder the wax from cleauing laying on your boord with pitch and meale as aforesaid This to be done in Summer Preseruation of Bees for the Climate of Great Brittaine c. 1 IN Mareh your Bees doe beginne to breed and then they beginne to sit let them at that time bee serued twice euerie weeke because 2 In Aprill your Bees beginne to hatch serue them in hard and rugged weather whereby they are hindred to be abroad 3 In May is your Bee comming forth looke to serue them vntill Midmay 4 In Iune are your Bees in their strength for casting and then there is great plentie of Flowers and Dewes for them to feed vpon 5 In Iuly they are full of Hony therefore cap your first swarmes and take vp the rest for Hony that you meane to take vp for that yere and cap as followeth 6 In August is the most breed of Bees past and you may cappe likewise those you meane to keepe ouer the yeare I meane
are but one and so is Coniunction and Putrifaction likewise Cibation and Fermentation then followeth Congelation and at last Multiplication and Proiection which are also but one For mine owne part seeing that no man can be perfect in any one Science I hold it not amisse for a man to haue knowledge in most or in all things For by this studie of Alcumie men may attaine to many good experiments of distillations Chimicall Fire-workes and oth●r excellent obseruations in Nature which being farre from Merchants profession I hope shall not giue offence to the Reader of this Booke seeing it is but in one Chapter accidentally handled Neither will I craue pardon of the Muses as it were insinuating to the world to haue a far greater knowledge in these trialls or conclusions but to satisfie the curiositie of some that it may be with a gaping mouth expect to vnderstand somewhat of the Stuffe put into these glasses I may say as I was informed That in some was the calcined ore of Sil●er and Gold in some other Mercurie calcined and Sulphur in some other Arsenike for the Ayre Sulphur for the Fire Mercury for Water and Seacoale for the Earth were put altogether as the four Elements In some other glasse was Vitrioll and Orpiment and what more I doe not now remember concluding That where Nature giueth abilitie Art giueth facilitie I haue read all the Bookes of Paracelsus that I could find hitherto and in his Booke De Transmutatione Rerum I doe find to this purpose the obseruations following concurring with my friends opinion concerning Ripleys 12 Diuisions comprized into sixe and the seuenth is the matter it selfe and the labour or working resteth wherewith I doe end this Chapter and proceed to the surer ground of the Mines of Mettalls Omne quod in Fri●ore soluitur continet Aerum Spiritum salis quem in sublimatione vel distillatione acquirit assumit Omne quod in Frigore vel Aere soluitur iterum calore Ignis coagulatur in Puluerem vel Lapidem Solutio verò Caloris soluit omnia pingua omnia Sulphurea Et quicquid calor ignis soluit hoc coagulat Frigus in mass●m quicquid calor coagulat hoc soluit rursus Aeer Frigor Gradus ad Transmutationem sunt septem Calcinatio Sublimatio Solutio Putrifactio Distillatio Coagulatio Tintura Subgradus Calcinationis compraehenduntur Reuerberatio Cementatio Sub Sublimatione Exaltio Eleuatio Fixatio Sub Solutione Dissolutio Resolutio Sub Putrifactione Digestio Circulatio qui transmutat colores separat purum ab impuro purum superius impurum inferius Sub Distillatione Ascensio Lauatio Fixatio Coagulatio est duplex vna Aeris altera Ignis Tintura tingit totum corpus est fermentum massae farinaceoe panis Secundum est Quod calidius liquescunt eo celerius tintura transcurrit sicut fermentum penetrat totam massam acetositate inficit c. Sequitur Mortificatio Fixatio sulphuris in Libro de Resuscitatione Rerum Reductio metallorum in mercurium vivum CHAP. II. Of Mines Royall THe Mines called Royall are only of Gold Siluer and Copper of which three mettalls Princes made choice to make their moneys of simple or mixed as shall be hereafter declared But for as much as Siluer is found in the lead Mines and that the siluer Mines haue their Ores mixt with hard lead also it happeneth many times that there are great questions about these Mines when Princes will claime their interest in some lead Mines because they are rich in siluer as of late yeares betweene Queene Elizabeth and the Earle of Northumberland as you may read in Master Plowdens Commentarie of Booke Cases where it was adiudged That if a Mine be found richer in siluer of more value within the Ore than of lead all charges of the working of both mettalls being fully paied the Prince may claime the same to be a Mine Royal wherein must be had great aduisement some Ore in one place being richer than other Ore in another place of the same Mine whereof we may handle in his proper place of other Mines Beginning therefore with Gold the most precious mettall Gold Mines let vs obserue That the same is found in hills riuers and in the earth but not mixt in Ore as Siluer Copper and other mettals That which is found in the riuers is the finest as containing lesse corruption and is all of one goodnes otherwise There is Mayden-gold so called because it was neuer in the fire Naturally all Gold hath a little Siluer in it as also some Copper and comming out of the ground it is soft and doth harden by the ayre Such Gold as hath no need to be refined but may be vsed according to his finesse in workes or to make money is called Aurum obrison such was the Gold which sir Beuis Bulmer knight brought out of Scotland found in the sands of the riuers neere vnto the Gold Mines of Crayford-moore Crayford Moore in Scotland which was aboue twentie and two Carrats fine and better than the French crowne Gold I saw some eighteene ounces of it which was in big graines some like pease found out by the Sheepheards by whose meanes that place hath beene discouered in the latter time of queen Elizabeth Some other Gold hath beene found out also in Scotland within a white sparre wherin it groweth neere the superficies of the earth runneth into smal veyns like pins fit to be refined by quicksiluer from the sparre because it is as pure Gold as any found in Africa or Barbarie which we call Angell Gold holding but halfe a graine of Allay I haue seene the like sparre of Gold which was found in England in countie of Lincolne at Brickell hill neere Spilsbie by Lincolne Brickell Hill in England But neither this place or any other are lookt into for the reasons hereafter declared being right worthie to be regarded with a curious eye and an industrious vnderstanding and consequently many other whereof this Monarchie of Great Brittaine is rarely blessed and especially in Scotland where much barren ground is for God in his diuine wisdome doth counteruaile the said barrennesse of the soile with the riches contained within the bowels of the earth as in fertile ground with the Corne and fruits growing vpon the superficies thereof An obseruation to find out any Mines which may serue vs for an obseruation especially where we find riuers of water running about the hillie places in dales which the Spaniards did so much regard in the West-Indies seeking after Mines that in all places where they found not the same they presently gaue ouer the search after them Gold doth come out of many countries as out of the mountaines in Bohemia riuers of Pannonia in Hungarie out of the kingdome of Sweaden but it is all exhausted There was wont to come out of Spaine of the riuers and mountaines aboue twentie thousand pound weight yearely
of these two Lords were like vnto Phaetons horses for all was set into a combustion and the poore men went begging homewards to our exceeding great losse of the benefits in expectation our Mines being richer than those of the West-Indies wherof I haue made and caused to be made many trialls of aboue twentie seuerall sorts of Siluer Ores The two Mines of Muggleswike and Wardall at Duresme containe sixe and eight ounces of siluer in the hundreth which being fallen in Siluer Mines at Duresme may with a reasonable charge bee brought in working according to the information which I tooke of the inhabitants there at which time I did intend to goe further into Lancashire to Slaithborne Mine Slaithborne Mine in Lancashire holding aboue foure ounces of siluer in the hundreth but being in the Winter time and the weather very foule I was diuerted not without discontent because it is the countrey where my ancestors and parents were borne The Siluer Mine at Combmartin in Cornewall Combmartin in Cornewall holdeth tenne ounces in the hundreth where Sir Beuis Bulmer did worke for a time which is deepe and ouerflowne with water but there are diuers branches of that Mine running many miles off spread into the earth and within these two years some Ore was sent me from Barnestaple of a branch of that Mine Mines of siluer by Barnestaple lying within one foot and a halfe of the superficies which vpon diuers trialls of one pound weight at once holdeth by computation aboue ten ounces of Siluer but little Lead for euery pound did produce aboue two penny weight in Siluer and is not difficult in the melting The partie in whose ground it is found will not haue it touched nor medled with fearing his grounds shall be spoiled and the Mine taken from him which is knowen aboue halfe a mile of one foot broad Howsoeuer I thought good to remember this for our posteritie for there may come a time that industrious men shall be more regarded It were also iniurious Siluer Mines of Scotland if I should not remember the Siluer Mines of Scotland especially that Mine which lyeth in the grounds of Sir Thomas Hamilton Knight Lord Aduocate of Scotland within eighteene miles of Edenborough towards the sea side discouered in the yeare 1607 by meanes of a Collier as I am informed In the report of the goodnesse of this Mine hath beene very great diuersitie according as they found the Ore of seuerall veynes as wee haue noted before for the blossome of Siluer Ore A singular good obseruation or the small veynes cannot giue true direction of the richnesse of the Mine which is the cause that the Spaniards in the West-Indies hauing found any veyne of a Mine they will pursue the same towards the East and seeke to find out as it were the Trunke or Body of the Tree which they call Beta saying Es menester siempre buscar la Beta de la mina Wee must alwayes seeke after the bodie of the Mine which may bee sometimes three or foure foot broad when the veynes are like an arme or finger and according to the triall made thereof they giue their iudgement not by the triall of the subtile assay but by some good quantitie and increasing their said trialls by some additements fit for the nature of the mettall Ore as they iudge the same to be For all diseases cannot be cured with one remedie in all persons although the disease be alike so may it bee said of those that make trialls of the Ores of mettalls for some trialls did report 80 pound of Siluer in one hundreth weight others 60 ll 40 ll 35 ll and 20 ll and then it fell into ounces which was more reasonable and naturall as I informed then some Priuie Councellor Triall of one tun of Ore by Sir Beuis Bulmer and the said Sir Beuis Bulmer whereupon it pleased his Maiestie and the Lords of the Right honourable Priuie Councell to appoint tenne Tunnes of the said Siluer Ore to bee brought into the Tower of London whereof one Tunne of twentie hundreth weight was indifferently taken and calcined or grinded together and thereunto were two Tuns of Lead added and commixed and afterwardes molten by a continuall fire and hand-blast of foure men according as I haue noted in writing And there was a cake of siluer remaining weighing 17 ½ ounces and the extraction out of the Lead was some foure or fiue ounces more so that it was reported to bee 22 ounces in the hundreth weight of Ore but the charge was great There was also another triall made by William Beale with a farre lesser quantitie of Lead and roasting the Ore and by Master Broad and others as Master Russell who refined the same with the flag of Lead others by Lead Ore to saue charges and they all found aboue 22 ounces of siluer in the hundreth weight of Ore And so did Sir Richard Martin Knight Master worker of his Maiesties Mint lately deceased who deliuered vnto mee at times 20 pound weight of the said Ore grinded shaddered and washed which I did send beyond the seas vnto an expert Mint-master and withall a particular of the manner of trialls which euery man had made here as also of the triall made by the Portugall with Quickesiluer who found 23 or 24 ounces his answere was That vpon his first triall hee found 42 ounces of the other lesse and that the ore was easie to be wrought but not by the meanes that all those men had vsed and with lit●le charges and that the manner to refine with Quickesiluer was good for poore Mines of two or three ounces where the Ore had little or no Lead Colour of the Ore of Scotland and that the commixture of the Mine was very brittle and Bel-mettall and so did all the other Refiners affirme For the said Ore doth looke betweene white and blew for the most part and is like the Bell mettall found in good quantitie about Bristoll which is vsed to make some kind of Alkemie beyond the seas and this must bee allaied to qualifie the brittlenesse with some minerall of all which I haue made a record in my Booke of Collections Great quantitie of Siluer Ore In the moneth of August 1608 there came two ships before the Tower of London from Scotland laden with some 400 barrels of this siluer Ore in weight some hundreth tuns lading which were there landed deliuered vnto the Lord Knyuet Warden of the Kings Mint whereof 20 tunnes was taken promiscuously and grinded and afterwards also distributed vnto diuers Refiners and others and the triall of master Broad was best who found 28 ounces in the hundreth of Ore Of this quantitie Sir Richard Martin had three tuns whereof some was sent to my friend beyond the seas Interim these trialls and conclusions so differing brought the said Ore together with other proceedings into some disgrace whereupon according vnto commission giuen mee I
that our Yron is best for the casting of Ordnance and that the Sweaden cast Yron Peeces are brittle and commonly one in seuen will not abide the triall and of late the broken peeces of ours are made seruiceable for Yron in bars to be cast againe Quicksiluer Mines Mercurie or Quicksiluer naturall is not yet found in England but onely in Germanie in verie cold places and within these thirtie yeares there are two Mines of Q●icksiluer discouered in the West-Indies which is a helpe to the quantitie which they yearely buy to refine their Siluer Mines Sulphure Mines or Brimstone Sulphure or Brimstone being found in diuers countries cannot be better than we haue in some mountaines in Wales from whence I haue had diuers sorts of Sulphure earth or mine verie rich Some there is also in Blackemoore and Basedale in York●shire as also many other Minerals which my workmen did shew me Minerals of diuers sorts as Terra sigillata Oacre red and yellow Bole Armoniacke Tera d' Vmbra Antimonie Salniter Blacke lead Vitrioll to be made of Copporas to say nothing of such things as are made of Mettals nor of Salt-peeter which is plentifull Allomes are made o● stone slate and earth And now I cannot omit to treat of the Allomes whereof in many countries great store is made but the best is at Ciu●ta Vecchia in Italie called Romish Allome made with small charges out of a kind of stone which yeeldeth aboue the one halfe of Allome without vsing any vrine or saltish mixture as they do in Germanie where they haue both red and white Allome at reasonable rates so they haue in many places of the Straits at Constantinople Carthagena and other places Sweaden and Poland are not without it In Scotland and Ireland great quantities can be made had not England vndertaken so much whereof I haue set downe the originall progresse and continuance concerning those workes at large the substance whereof followeth in briefe Queene Elizabeth of blessed memorie did in the sixt yeare of her raigne grant by Letters Pattents vnto one Cornelius de Vos the sole making of Copperas and Allomes within the Realme of England which was assigned by him to Iames Lord Mountioy and being renewed for twentie one yeares was confirmed vnto him by an Act of Parliament by vertue whereof one master Lane his workemaster made great quantitie of Copperas in Dorsetshire and the Isle of Purbeke and some Allome and Copperas was then sold at 30 ll the tun now vnder three pounds Afterwards about the yeare 1604 one master Atherton beganne to practise the making of Allomes in Yorkeshire about Gisborough with whom one master Bourchier now Sir Iohn Bourchier Knight did ioyne to bring it to some perfection in hope whereof and at the sute of the said Sir Iohn the King in the fourth yeare of his raigne granted certaine conditionall Letters Patents to the Lord Sheffield President of the North Sir Thomas Challoner Sir Dauid Fowles Knights and the said master Bourchier for twentie one yeares for the sole making of Allomes in Yorkeshire onely where in building of seuen houses and the vtensills for working and charges Aboue Black● Moores with other extraordinaries they were out of purse in two yeares some 33 thousand pounds and could proceed no further without bringing in new men for some of the other gaue ouer in time and would proceed no further although the Germanes were now come which they had sent for There are rich Allome Mines in the Isle of Wight Hereupon other Letters Patents were obtained for thirtie one yeares for all England Scotland and Ireland without conditions and then they were out aboue 40 thousand pounds and no Allomes made to benefit although the price was raised at a certaintie and all forraine Allomes prohibited to come in And his Maiestie hath beene pleased to enter into the said workes and layed out so many thousand pounds as is not fitting to bee expressed Thus by ouercharging the work●s in the beginning are good businesses ouerthrowne many are the particulars which I haue obserued in writing concerning these workes But leauing this I wish good successe therein for there is Allome earth enough to continue for euer and in places West-wards as good and better than any in Yorkeshire Now from the Mines of Gold being fallen to Allome and Copperas let vs end with the Coale pits or Coale Mines Coale Mines whereof they make more account in the North than of Lead Mines and yet they are aboundant more than in any countrey of the world In the lower parts of Germanie about Acon and Collogne they haue great store of Sea-coale but it doth not cake as our Coales they melt great quantitie of yron stone with it being like vnto the Coale in Nottinghamshire or thereabouts which flameth more like vnto the Scots Coales To know the goodnesse of the diuersitie of our Coale I haue noted in the fourth Chapter of the first Part of Weights and Measures and now I am to shew how Mines may bee wrought to benefit and profit for the good of Merchants and others CHAP. IIII. Of the profitable working of Mines PHillip the second late King of Spaine perceiuing that many blind Bayards were ouerbold to vndertake the working of his Mines of Siluer in the West-Indies and yet considering on the one side that without authoritie and priuiledge they could not bee incouraged thereunto and on the other side hauing obtained the same for certaine allotted grounds vnto them they did hinder other men and themselues proceeded not did very aduisedly make all his Letters Patents as wee call them conditionall with a Prouiso A good prouiso in Lettets Patents for Mines That if the Patentees did not proceed in the workes or discontinue the worke for two yeares the Patent was void of course and vpon Certificate made of it the King made new Grants vnto others If our King were pleased to doe so many Grants or Leases made by the Companie of the Mines Royall would be made void and other men would be incouraged to trie their fortunes vpon them The next consideration concerning Mines Mettaline and Minerall is That the workes in the beginning be not choaked or suffocated with extreame charges and expences which doth discourage the vndertaker and all others whereby the works are giuen ouer or meanes are deuised to charge Princes Coffers with them For it is true That things doe prosper best when they are vnderpropped by authoritie it selfe which to doe in the beginning were more profitable than when the charges and expences haue ouerburthened them For preuention whereof I made a contract for the Lead Mines in the North parts which being imitated shall cut off all such charges as commonly the parties doe runne into in the working of Mines vpon the conceited benefit which draweth more violently than the Adamant stone For as the Portugall Antonio Diaz told the King Todos los mineros son Ricos porque quando no
for ten yeres freely not to pay any pennie gaine all that time if either of vs do die but if we both liue together till that time then he to pay me after twelue pound in the hundreth for ten yeares past the law saieth that the perill which may happen doth not excuse me from sinne but I am an vsurer for the time is not proper A Merchant lendeth to a Corporation or Companie an hundreth pounds which corporation had a grant by statute that whosoeuer lendeth such a summe of money and hath a child of one yeare shall haue for his child if it do liue fifteene yeares of age 500 ll of money but if the child die before that time the father to lose his principall for euer The law saieth If I lend purposely for gaine notwithstanding the perill I am an vsurer I knowe an honest artificer oweth to a draper fortie pounds to be payed at six moneths I come to the draper and shew him if he will take thirtie pound in hand I will pay so much for the artificer if he will turne the debt ouer vnto me herein I am an vsurer in seeking to anticipate the payment One buyeth a pay of three or foure hundreth pounds deliuering fifteen shillings for euery twentie shillings here is a cloaked lending vnder the colour of buying and therefore vsurie called Palliata for he did hope for gaine Vsura Palliata Vsura Explicata I doe buy a mans Bill of one hundreth pounds due three moneths hence and giue vnto him in present money 95 ll here although a bargaine and sale seeme in shew yet it is a lending and therefore Vsurie I doe bargaine with some to haue so many Oxen and Kine within foure moneths to haue them better cheape paying the money before hand this is Vsurie if the parties had not Oxen or Kine at the Time I doe buy certaine Geldings to haue them deliuered at a certaine Faire for lesse than they were worth I am therein a Vsurer if I bee sure that they will be more worth at the time of the deliuerie I doe deliuer old Wheat to receiue new if I doe deliuer the same for gaine and assure my selfe of benefit I am an Vsurer I doe feare the fall of money and therefore doe deliuer my money to another man to haue as much at sixe moneths after according as the money was then currant when I paied it this is Vsurie I seeke an office which I cannot haue except I doe pay a certaine summe of money to auoid this paiment I doe lend for two three or foure yeares a grosse summe because I will not pay the said money in so doing is Vsurie I doe pawne an house with an orchard for certaine money the creditor hath the benefit of my ground and house hee is an Vsurer A Gentleman hath a Mannor stocked with thirtie milch kine and 700 sheepe valued at 300 markes or thereabouts as they are then to be bought and sold this Mannor he would let out with the stocke for tenne yeares to receiue the old rent of his Mannor and thirtie pounds yearely besides for his stocke and at the tenne yeares end either to haue at his owne choice his cattell of like goodnesse and value as hee did let them out or else 200 ll in money Here there is first a lending because the Farmour hath propertie in the cattell and may alter them as hee list for his best auaile paying his yearely rent for them and restoring so good cattell at the tenne yeares end as he before receiued Againe he must answere the cattell at the ten yeares end and pay rent yearely for tenne yeares although the cattell die all the verie first yeare So that this Gentleman seeking his certaine gaine and principall to be safely returned vnto him is an Vsurer colourably Lastly to deliuer money by exchange vpon Bills of Exchanges intending any gaine thereby any manner of wayes is Vsurie and all the premisses are vsurious acts although many not in danger of the Statute Now diuers Merchants and others will say That then there is no dealings betweene man and man and all Trafficke and Commerce is ouerthrowne For say they here is nothing excepted wherein any man can deale and all other Nations doe continually maintaine their Negotiation and Trafficke by deliuering moneys at Interest and by Exchange and will not bee ruled by our particular direction in the course of Trafficke hereupon let vs also note what lawfull contracts are before we conclude CHAP. XVI Of lawfull Bargaines and Contracts WEE haue alreadie noted where a man may take a benefit for his money two manner of wayes which is ex damno habito where he hath sustained a losse or ex lucro cessante where his benefit or profit hath been taken away or preuented for the want of his money which hee might haue bestowed in some wares to furnish his shop at conuenient time and in both these the partie is not Actiue but Passiue I doe buy land of my friend for a certaine summe of money and of like value to the land with this condition if he bring me the money againe at any time he shall haue his land againe I being lawfull owner of this land by bargaine and sale may safely inioy the fruits and rents of the same lands without any suspition of Vsurie Another commeth to me and would borrow a thousand pound in Gold and as much Plate for a shew to declare and set forth his wealth the more to the world when it is seene in his shop in this case I may take Vsurie An Apothecarie lendeth to the Physician an hundreth pound by the yeare freely because he shall send his Bills of Receits to him and to none other this is no Vsurie I doe buy Timber Bricke or Stone of a man to deliuer the same at such a place at such a time and to pay him for the same I doe borrow so much vpon Vsurie if the said man doe not performe with me in deliuering the said Timber Bricke or Stone yet is hee bound to pay me that Vsurie truely A Corporation taketh a hundreth pound of a man to pay him eight in the hundreth during his life this is no Vsurie and so for all annuities during life for the principall is neuer to bee restored againe A mightier man than my selfe withholdeth through force a portion of land from me I am loth to trie the law with him because hee hath the law in his hand and I offer to lend him fiue hundred pounds for a yeare or two freely so that I may haue mine owne without further trouble or vexation this is no Vsurie because I receiue but mine owne quietly I doe borrow an hundreth pounds for a yeare promising at the yeares end to lend another hundreth pound for it for the same time this is Permutation I take the perill vpon mee of the carriage of a great masse of money I may lawfully take portage money for my paines and this is
rate according to which calculation the said Royall of eight is by vs receiued at fiue shillings and two pence which is but foure shillings 2 ½ pence or thereabouts The difference is fifteene vpon the hundreth in lesse than two moneths time adde hereunto the ten in the hundreth to be had by the said Royalls of eight that the same are better in weight and finenesse than our six pence sterling which is taken to answere the said Royall by a common calculation by reason whereof there will be giuen so much in his maiesties mint or thereabouts that is to say foure shillings and fiue pence or at the least foure shillings and foure pence ½ after the rate of fiue shillings sterling for an ounce of that standard so together is twentie fiue vpon the hundreth benefit A treatise of Free trade 1622. which caused a Merchant aduenturer to set downe in print an interrogation in this manner Who will procure licence in Spaine to bring Realls into England to sell them here at tenne in the hundreth gaine which is lesse than the Exchange from thence will yeeld when he may haue for the same 25 in the 100 in Holland A matter whereby Merchants are easily induced to diuert the said Royalls from the realme to those and other countries and by the common vnderstanding to remedie the same it is thought there is no meanes to meete with forreine nations in the inhancing of moneys but wee must doe the like albeit experience hath shewed long since that this is not effectuall nor any true remedie Now if we will consider things according to the rule aforesaid it will plainely appeare that the said fifteene vpon the hundred gaine more than in England are but imaginarie if the Exchange for moneys were reformed for let fiue of these Royalls of eight bee bought in England for twentie two shillings and be transported into Holland and there buy commodities with the same which is according as the price of them is inhanced for as the money riseth in price so doth the price of commodities it may fall out the said Merchants should become losers by the commodities so that the same cannot be termed Causa mouens But the Spanish Merchants which cause their Royalls to be sent into Holland or Zealand from Spaine or from the Downes relye wholly vpon the Low-Exchange whereby they are inabled to deliuer there their money by Exchange at an vndervalue at thirtie three shillings foure pence Flemish and vnder for our twentie shillings sterling whereby the Kingdome maketh good vnto them the said fifteen vpon the hundreth consisting betweene the price of fortie two stiuers and fiftie one stiuers which is almost eighteene pro hundreth If the Royall went but for fiftie stiuers according to the valuation so that if the Exchange were made accordingly which would be aboue thirtie seuen shillings six pence this gaine would not be at all and moneys would be imported vnto vs and not exported For the rule is infallable A Maxime in Exchanges That when the Exchange answereth the true value of moneys according to their intrinsicke weight and finenesse and their extrinsicke valuation they are neuer exported because the said gaine is answered by Exchange which is the cause of transportation To make this euident in the Rickx Doller which is the maine and most vsuall coyne in Germanie Eastland the Vnited and Reconciled Low-countreys before their late Proclamations and currant in many other Countreys obserue wee that the said Doller was valued at two markes Lubish A shilling Lubish and a stiuer Flemish was all one 1575. euery marke being sixteene shillings Lubish or sixteene stiuers For in the yeare 1575 the said Rickx Doller was still coyned in the Empire for thirtie two shillings or stiuers and so currant by valuation in the Low-countreys whereby they were all one in denomination and effect But the wars in the Low-countreys hath beene the cause of the inhancing of this Doller which was brought to thirtie fiue stiuers and in the yeare 1586 to fortie fiue stiuers or to fiftie two stiuers now by intermissiue valuations and times Howbeit at Hamborough Stoade and other places in Germanie the said Doller did remaine still at thirtie two shillings Lubish or two markes and as the said Doller did inhance in price so did they in the Low-countreys coyne new stiuers accordingly sometimes lighter in weight A great Fallacie and at other times imbased by Copper or Allay and yet in account the stiuer did and doth remaine the ground of all their moneys but the said Doller holdeth his standard agreeable to the first Doller called the Burgundian Doller with Saint Andrewes Crosse coyned in the yeare 1567 which is in finenesse ten ounces twelue pennie weight of fine Siluer and foure and one halfe of these Dollers were made equiuolent to our twentie shillings sterling as a publike measure betweene vs and the Low-countreys Germanie and other places where this Doller went currant as you may obserue in the precedent Chapters These Dollers haue since beene imitated and made by the States of the Vnited Prouinces in their seuerall Mints altering onely the Armes of the seuerall Prouinces as also by the Arch-Duke Albertus in the reconciled Low Prouinces and the price of them at Hamborough Stoad and other places was but aduanced to one stiuer or shilling Lubish more that is to say at thirtie three shillings Lubish went the same went in the Low-countreys for fortie fiue stiuers which made the diuersitie of the said Par of Exchanges of thirtie three shillings foure pence for the Low-countreys and twentie foure shillings nine pence for Hamborough In the Netherlands being all one in substance This Doller is since that time as I said inhaunced to fiftie two stiuers in the Low-countreys which maketh the price of Exchange aboue thirtie eight shillings or rather thirtie nine shillings and shall the Kingdome suffer this and not alter our price of Exchange accordingly but be contented to take thirtie foure or thirtie fiue shillings and after that rate vndersell all the commodities of the Realme In Germanie This Doller is likewise since that time more inhaunced in Germanie from time to time And leauing the excessiue valuation in remote places let vs note the valuation of Hamborough where it hath beene at fiftie foure stiuers the Doller which maketh the Exchange aboue fortie shillings of their money for our twentie shillings And although we haue raised our price of Exchange from twentie shillings nine pence to thirtie fiue shillings and thereabouts shall we rest here and goe no further Haue we reason to doe it in part and not in the whole according to Iustice Equitie and true Policie and shall we be like a man that by halting in jeast became lame in earnest Absic ignorantia The moneys in Christendome which haue their ebbing and flowing doe shew their operation vpon commodities The course of money and Exchange are contraties in operation maketh by