shillings or seuentie two pence and 72 ½ pence for the said French Crowne in Exchange when the Crowne in specie is paied him in France for seuentie fiue soulz The like consideration are we to haue of the Dollers of Germanie of the Polish Guilders or Florins and all other coynes inhaunced aboue the Par of Exchanges heretofore calculated amongst Merchants and especially with the admittance of Princes The operation heereof in the course of trafficke is of verie great moment more than in times past when the difference was not so sensible which made me to compare the same vnto the serpent Aspis which stingeth men in such sort that they fall into a pleasant sleepe vntill they die which is meant by particular persons whose estate is consumed by running vpon Exchanges Or like vnto the crueltie of the Planet Saturne which maketh his spherecall course in thirtie yeares with great operation although wee doe not so sensibly perceiue his motion which is meant in the reuolution of State affaires in progresse and continuance of time CHAP. XI Of Attachments and Arrest THE Common Law of England doth not vse the course of Attachments as is vsed by the Custome of the Citie of London which was borrowed from Merchants actions obserued in forraine Countreys and was thereupon by Custome here established it being a readie way whereby men may secure themselues of present meanes if they doubt of their debtor For if the creditor do know any debts or goods belonging vnto his debtor he may instantly vpon a specialtie to be exhibited vnto the Magistrate haue authoritie to attach the said debts and goods in the hands of any person where he findeth the same onely Priuiledged places excepted or Ecclesiasticall persons in most places To this Attachment if the partie doe appeare and put in baile either by himselfe or his Atturney then the Attachment is ipso facto void and declaration being put in dependeth in Court vpon the said baile and if no declaration bee put in the next Court day or within three dayes then the said baile is likewise discharged by the said Custome albeit this is not so duely obserued as the Customarie Law of Merchants requireth But if the partie doe not appeare and the Attachment doe proceed three Court dayes or three defaults to be entred then for the fourth default judgement or sentence is giuen that hee who did make the Attachment shall recouer the said debt and goods and take the same into his owne possession vpon good sureties to be put into the Court to answere the value thereof within one yeare and a day in which time the proprietarie may disreason the said recouerie by disprouing the other parties surmises or allegations prouing that the specialtie was paied whereupon the Attachment was grounded For the Attachments beyond the Seas cannot be made vpon any pretended Action but must bee done vpon a Bill of debt and many times the Magistrates will sequester the goods or debts into their owne hands to auoid incertainties of honest dealings Besides Merchants will be aduised before they make Attachments because both the Ciuile Law and Customes of Merchants doe impose great damages vpon the partie if hee haue made his Attachment without iust cause to the ouerthrow of the other parties credit And moreouer if it be vpon debts appearing by specialties or Bills Obligatorie it may fall out that the said debts are transferred or set ouer vnto other Merchants according to the Custome heretofore mentioned whereby the propertie is altered I remember a case of mine owne that happened aboue twentie yeares since which concurreth with the matter in hand A Merchant being indebted vnto me by a Bill Obligatorie the summe of 800 ll payable at six moneths was perswaded by a friend of his with whom I had some differences and controuersies of accounts to suffer an Attachment to be made in his hands of the said moneys by the Custome of London vpon promise made vnto him That he would giue him long dayes of payment for the said moneys whereupon my Debtor appeareth to the said Attachment and did acknowledge the said debt of 800 ll relying vpon the long dayes of paiment and he that made the Attachment did proceed in the Law and had judgement thereupon making no doubt to obtaine execution accordingly Being aduised by learned councell in London Attachments to be remoued after judgements wee suffered him so farre to proceed and then we did speake in Arrest of execution and brought a Writ of Certiorare out of the Kings Bench vnder the hand of the Lord Chiefe Iustice putting in speciall baile in London to satisfie the judgement The record was remoued to the said Court of Kings Bench and there wee did put in other baile and vpon that brought a Supersedias into London and discharged our especiall baile and by the Law the said Attachment and all proceedings were made void and this Merchant was taken Pro confesso and ordered to bring the money instantly into the Court whereas he had yet six moneths for the payment the interest whereof was 40 ll whereby the Prouerbe tooke place Fallere fallentem non est fraus Here the Law did preuaile against Custome but in another like matter of attachment Custome hath preuailed against the Law One being indebted vnto another the summe of one hundreth pounds payable at a certaine time it came to passe that the Creditor went ouer beyond the Seas before the money was due the cautelous Debtor vpon vntrue surmise to defraud the Creditor made attachment of this money in his owne hands by the Custome of London and put in sureties to bee answerable for it for one yeare and a day according to the manner and order of the Court in which time the said Creditor was to disreason the said pretended debt but the Creditor being beyond the Seas and ignorant of these proceedings came ouer after the expiration of the yeare and a day and the Debtor had judgement vpon the said attachment and execution awarded vnto him in his owne hands The Creditor being now come ouer demanded his money the other denied to owe him any in briefe the Bill was put in suit at the Common Law the Debtor did plead the said judgement and recouerie in London and by that practise and fraudulent meanes defeated his Creditor and being done by Law it is taken to be no cousenage to be punished by the Starre-chamber or other Courts onely the partie is A.K. Touching Citizens or Merchants arrests beyond the Seas there is a Custome that no Officer may arrest after Sun set No arrest to be alter Sun set such therefore as goe abroad but at those times are said to Fly with the Owle by a common Prouerbe and it is hoped by the said Custome that the Debtor may by hauing accesse at some time vnto his Creditor compound with him and preserue the good opinion and credit wherein hee liueth and thereby not onely haue meanes to recouer himselfe but also be
Receiuer shall reserue to himselfe so much as the forfeiture commeth vnto and the remainder shall be deliuered to the said Magistrate or Officer 7 The Magistrats in places also where all such moneys are sent at a higher rate than the said Proclamation shal be bound to make good the said inhancing vnto the Receiuer to whom the said moneys were sent yet so that they may redemaund the same of the Magistrate of the place from whence the said coynes were sent who shall also instantly reembourse the same and haue power to recouer it with the forfeitures therunto belonging and hereby ordained against the persons and goods of those who haue sent the same at a higher price 8 All which shall bee obserued also from the one Prouince vnto another or the Counting-houses of the generalitie wherein they shall be ayding and assisting each other to maintaine the said Proclamation accordingly 9 And We do intend that the said forfeitures shall be imposed as well vpon the receiuer as vpon the payer euerie one to the full vnlesse one of the parties did forthwith denounce the same to the Magistrates in which case whether he be the receiuer or payer he shall be quit and free of the said forfeiture and moreouer enioy the one third part of the offendors forfeiture 10 Prohibiting and expressely commanding that no man henceforth shall presume to buy or sell any wares or merchandises or deale for moneys by exchange or interest nor buy new or old rents or otherwise deale and negotiate than according to the said price and valuation of moneys of this Our permission and Ordinance vpon forfeiture of the said summes and moreouer quadruple the value thereof 11 Our intention being That no paiments of Imposts Demesnes or Reuenues of Lands Townes Villages contracts of Merchandises Hires Rents interest or any Debts shall be paied than according to this our valuation to weete euerie Guelder with the one halfe of a Lyon Doller and one pound Flemish with three Lyon Dollers or with other coynes of gold and siluer according to their intrinsicke value as the said Lyon Doller or the great Golden Royall now containeth After which two as being chiefe and standard peeces all the precedent moneys of gold and siluer are valued Standard peeces of the vnited Low Prouinces 1622. without that it shall be lawfull vnto any man to make any lighter paiment than according to the said valuation vpon paine the same to be void and no course of law to be ministred thereupon and moreouer to incurre the penaltie in the next Article mentioned according to which all courts of justice Magistrates of the bench or iudgement seates and all other Iustices are to pronounce their sentences and to make their decrees notwithstanding any trespas which contrarie to Our intention and expectation might be practised or at any time be put in vre cancelling from henceforth all those which are contrary to the same forbidding any execution depositation of moneys or other courses of justice to be done therupon declaring moreouer that all such Iudges as shall haue pronounced the sentences and the said Officers that shall haue assisted therin shall forfeit and incur the penaltie of fiue Netherland golden Royals for euerie person at euerie time 12 And to the end that the stabilitie and certainty of this valuation which we haue taken to heart and in singular commendation and intend further to care for may take the better effect We do ordaine that instantly vpon the publication of this Proclamation whereof mention is made in the latter end all persons being in any office Estates and Officers high and low ciuill or militarie of countries towns members of colledges or particular Lords within the said vnited prouinces shal take their solemne oath for the performance of the said ordinance to cause the same to be maintained and obserued for so much as any maner of waies may concerne their offices command 13 And if any of the said persons should perchaunce be found forgetfull and to haue transgressed the aforesaid points in the paying out or receiuing of coynes not permitted by this Our ordinance likewise of clipped washed cracked mended nayled or otherwise augmented coynes in weight or giuing them in payment at a higher price than this Our ordinance We do order and establish that all the said forfeitures committed and to be committed shall respectiuely be paied double And moreouer if they issue any coynes made bullion or other moneys aboue their values they shall be depriued of their offices vpon the verification of the fact without any pardon to be obtained for the same 14 And the better to bring this ordinance in course We do prohibite all Treasurors Receiuers Rent-gatherers their Deputies or Clarkes and all other persons being in publicke seruice or administration to pay any of the said moneys by assignation or otherwise but to returne the same where they haue beene receiued vpon the forfeitures aforesaid vnlesse it were that the assignement were made vpon publicke Counting-houses or Bankes and not vpon particular persons as Fermers Collectors and the like being likewise bound by the same oath but this is to be done but once by him vpon whom this ordinance falleth out and no further 15 And to discouer the offences which they might do in their payments We do order That instantly when any payments are made they shal indorse vpon the acquittances and discharges of their payments amounting to the summe of one hundred Guilders the seuerall species of gold and siluer wherewith they haue made the said payments and the price according to which they haue paied the same with mention also of the graines which are wanting and payed for to be subscribed by him that hath receiued the same to the end that vpon their accounts notice may be taken thereof vpon forfeiture that the said acquittances or discharges shall not be allowed and whosoeuer doth receiue the said species and not vnderwrite the same shall forfeit the fourth part so by him receiued 16 Commaunding the Auditors respectiuely appointed to take the accounts of the said Accountants to gouerne themselues accordingly and not to allow of any acquittances or discharges than is aforesaid but by the said acquittances to find out the offendors 17 Moreouer the said persons are bound Marking and weighing of forreine sâ—luer that whensoeuer any coynes of gold shall be receiued by them which are too light they shall with a ponchion marke the same and vpon the siluer coyne they shall for euerie farthing or eight graines which the peece is too light put vpon the said peece one graine or round O before they issue the same vpon forfeiture of halfe a Ryder for euerie peece 18 They shall also for those to whom they shall pay any moneys haue in readinesse ballances and weights in their places where they keepe their Banks vpon forfeiture of halfe a Ryder for euerie default to be made therein 19 And all the said countable Officers as well generall
peace another Register for the true knowledge of captaines and masters of ships and their returne a third Register for the names of Merchants passengers and owners which the master ought to deliuer vp to haue them inrolled and all pilots names although recorded in the office called the Trinitie house ought to be set downe and knowne to the Admirals clerke also all moneys deliuered vpon hazzard or bottomarie as is heretofore declared called foenus nauticum or pecunia traiectitia Now the manner of proceeding in seafaring causes The manner of proceeding is according to the lawes aforesaid or the customes written and if the debate or cause cannot be determined thereby the last refuge is according to the opinion of skilfull and vpright men in their owne trading but all this must be done as the law saieth Velo leuato so briefely and summarily without the solemnitie of other ordinarie courts and iudgements onely looking to God and the trueth and all complaints to be ended instantly especially of ship-wrecke for it were a crueltie to vexe so miserable persons with tedious proceedings whereupon in this case the Iudges may proceede to execution vpon euerie interlocutorie and make restitution presently vpon good caution to be giuen to satisfie the appellation if any be made And herein there is a further priuiledge to them for whereas by the common rules of the law where no litiscontestation is past or as we say bill and answere depending no witnesse should be receiued nisi ad eternam rei memoriam Extraordinary priuiledge ac aduersario ad id citato yet in shipwrecke as a case to bee commiserated any of the ship-broken-men may come to the Iudge of that part where the wrecke happens and by witnesse brought with him may make proofe And as this is an extraordinarie priuiledge euen so may merchants ordinarily and masters sailing together beare witnesse each one to other of their societie within the ship if they haue neither to lose or gaine therby and especially mariners for or against the master when the voiage is ended Ordinarie priuiledge and they free of his commandement For by the consent of the doctors when trueth cannot be otherwise tried then vnable persons may be heard And to the end that trade be not interrupted by vexation of quarrelsome persons it is prouided that not onely the common caution Iudicio sisti iudicatum solui be kept on the part of the defendant but also that the plaintife or pursuer shall find caution de expensis soluendis if he faile in proofe Likewise if the partie do not appeare to defend himselfe or his ship after three citations or foure at the most called quatuor defaltae hee is taken for contemptuous the Iudge may ordaine the Marshall or Officer to put the plaintife in possession by his sentence or Primum Decretum Prouided that if the partie appeare within the yeare and pay the costs and expences he shall be admitted and heard vpon the proprietie and in like manner if any attachment be made vpon the ship or goods it shall vpon caution giuen summarily be heard and determined for this law of Admiraltie intendeth nothing but expedition for the better aduancement of Trafficke and Commerce * ⎠* CHAP. XV. Of Arbitrators and their Awards THE second meane or rather ordinarie course to end the questions and controuersies arising betweene Merchants is by way of Arbitrement when both parties do◠make choise of honest men to end their causes which is voluntarie and in their owne power and therefore called Arbitrium or free will whence the name Arbitrator is deriued and these men by some called Good men giue their judgements by awards according to Equitie and Conscience obseruing the Custome of Merchants and ought to be void of all partialitie or affection more nor lesse to the one than to the other hauing onely care that right may take place according to the truth and that the difference may bee ended with breuitie and expedition insomuch that he may not be called an Arbitrator who to please his friend maketh delayes and propagateth their differences but he is rather a disturber and an enemie to Iustice and Truth and therefore the manner to elect Arbitrators The manner to choose Arbitrators is worthy the obseruation Some are contented to name foure or sixe persons on either side in writing and referre the naming or electing of foure out of them by reciprocall proceeding when one named the first person another the second and then againe the third and the other the fourth person Others putting seuerall names in a paper are contented that a meere stranger shall vpon the backside of the paper pricke their names with a pinne or that as they are numbred the dyce shall bee cast vpon them accordingly by the number Others put their names in seuerall papers and cause them to bee mingled and drawne by way of lot by an indifferent person which course may be thought allowable as we haue noted in the Chapter of the diuiding of commodities by lots Others will doe the same by nomination of them and drawing of the longest or shortest straw or by any other extraordinarie meanes of pointing numbring or describing all tending to one end to haue indifferencie and that partialitie may be auoided by all meanes Consideration must be had also whether two three or all foure shall haue authoritie to determine the cause Awards are to be giuen vnder hands and seales if they can to bee done within a limitted time wherein their award is to be deliuered vp and whether they may name an vmpire or not all which must be declared in the Bond of Compromise vnlesse the question be onely vpon one point to be determined wherein no Bond is needfull but by way of assumpsit by deliuering a peece of coyne each to other and thereby binding themselues reciprocally vpon the penaltie of a summe of money to stand to the iudgement it is ended And the said penaltie or forfeiture by assumpsit may be recouered by Law and the Merchants Courts as well as the forfeitures vpon Bonds if the partie doe not performe the sentence or award if the award be lawfully made Fiue points to be obserued in awards to which end Arbitrators are to take notice of the fiue points following which by the Law doe make void all awards 1 That the award be giuen vp in writing within the time limited by the bonds of Compromise made betweene the parties 2 That there bee limited or appointed by the award some reciprocall act to be done by each partie to other which the Law requireth to be Quid pro qu◠albeit neuer so small 3 That they make a finall end and doe determine vpon all the points or differences produced before them by specification or otherwise if they be required so to doe and authorised thereunto 4 That they doe not award any of the parties to doe or performe any vnlawfull act or thing prohibited and
appertaine by the first of Our Officers or Serieants that shall bee required whom Wee enioyne to performe the same accordingly to the intent that all those charges and extraordinarie expences which Merchants may bee put vnto in following their suits against their Factors and dealers before many Iudges might by these meanes be vtterly auoided Furthermore Wee haue permitted and doe giue authoritie to the said Prior and Consulls Halfe of the forfeitures to the Prior c. that all such penalties of moneys as by them shall be inflicted vpon men for contempts or any other offences shall be forfeited the one halfe to Vs the other halfe to the vse of the said Common Place or Bourse of Roan to supply the wants thereof allowing them likewise absolute libertie and power to chuse and constitute one Councellor A Councellor and one Atturney and one Atturney who shall by all lawfull means labour the benefit and aduancement of the said place and shall defend the same to direct their proces and causes as well before the said Prior and Consulls as before all other Iudges And to the end that the Merchants may assemble themselues as well to consult of their common affaires as to constitute the said Councellor and Atturney without being subiect to repaire to Vs or to Our Iudges for leaue when need shall require Therefore all such judgements as shall passe before the Prior and Consulls being sealed with their Seales and signed by a Register by them appointed be it by imprisonment sale disposing of goods or otherwise shall be held for reall and lawfull being past in manner aforesaid without any constraint to haue Our further commission or liking euen according as was permitted by Our most honourable Our Father the King vnto the Merchants of Our Citie of Lyons by his letters Patents giuen in the moneth of Februarie Appeale to the Parlemeâ—t in the yeare of Our Lord 1535 reseruing vnto Our said Court of Parliament at Our said Citie of Roan for a last conclusion and by appeale the jurisdiction and knowledge of the said discords and differences And to the end that all such appeales as shall proceed by reason of the iudgements and sentences that shall be giuen and declared by the said Prior and Consuls may be speedily and without delay ended in our said court Wee haue ordained and doe ordaine inioyne and commaund all Our louing and truâ—tie Presidents and Councellors holding Our said court of Parliament to declare to the said Merchants without delay one day in euerie weeke such as they shall thinke conuenient to heare determine and dispatch the said appellations by order of roll for that purpose ordained Iustice with all expedition And in regard of the processe by writing there shall be one other roll made a part to the end that the said appeales may be ended in the same day to auoide the prolonging of suits to the ruine and consuming of the suiter And to the end that the said place of meetings of the Merchants twice a day may be quiet and without disturbance Our pleasure is and Wee do straitly commaund that none of Our Serieants and Officers presume to enter into the same place No arrest to be made vpon the Burse c. not to make any arrest for any cause of any person whatsoeuer during the time of those two accustomed houres of meeting And if such arrest should bee made during the said houres Wee haue declared heretofore and doe declare at this present the same to bee void and insufficient charging all Our Iudges not to haue any regard thereunto And as Wee are informed that the trade of Assurances is of late greatly aduanced by the Merchants of the said citie of Roan a worke so honourable that it doth euen beautifie and greatly aduance the trade and commerce of the said citie Wee to the end those said pollicies of Assurances and all other writings thereunto belonging may receiue full vigour haue permitted and doe permit that all Merchants frequenting the said place both now and hereafter to come to assemble themselues at all times when it shall be needfull to chuse and nominate according to the most voices one Merchant amongst them such a one as they shall thinke meet being a man trustie and expert in the knowledge of the trade of Assurances who shall make and register the said pollicies A Register for Assurances whereunto the Assurors shall set their hands at all times hereafter in the said place and liberties of Roan when it shall please the Merchants whose office shall likewise be to draw forth accounts of such arrerages as shall happen being thereunto called receiuing for his paines and time spent about the businesse of the same Assurances according as it shall bee thought meete by the said Merchants and keepe a perfect and true Register of the same Assurances To the which Register and Copies thereof and all other Acts and Writings by him made concerning matter of Assurances and by him signed Wee will and ordaine that all manner of credit shall be thereunto giuen before all Iudges and others to whom it shall appertaine without that any other person or persons shall haue to do or meddle in the said busines of Assurances or any thing thereunto belonging vnlesse he be before chosen and admitted thereunto by the said Prior and Consuls and by the said Merchants as aforesaid And Wee doe commaund and giue in charge to all persons holding Our courts of Parliament great Consells Admiralls Vice-Admiralls Stewards and their deputies and to all other Iudges and Officers whom it shall concerne that you do cause to be read proclaimed and registred this Our present Will Declaration Permission and Ordinance and the same to be obserued and kept by all them accordingly that the Merchants may vse and inioy the force and benefit thereof plainely and peaceably without any contradiction Moreouer Wee doe charge and commaund Our Atturney generall that he do with all dilligence cause all these things to be plainely and truely executed and that he do certifie vs of his diligence so done for such is Our pleasure for that of Our meere motion and power Wee will haue it done and that notwithstanding any ordinance customes statutes priuiledges commandements defenses or letters to the contrarie the which in this cause without doing preiudice to other causes Wee haue made void and doe make void And for that men shall haue occasion to vse this Our grant in diuers places Our pleasure is that credit shal be giuen to all such copies as shal be made by any Our louing and trustie Notaries and Serieants Secretaries or vnder in ample manner as to the originall and to this effect We do giue you full power authoritie and especiall charge and commission by these presents commaunding all Our Iustices Officers and subiects to obey you in this case And to the end this may remaine established for euer Our owne right in all other causes reserued Wee
circumstantibus and empannell them that is To take other persons of the standers by which is done before the Iudge at the time of the Triall When the Iurie haue deliuered vp their verdict Verdict Iudgement and Execution if nothing bee alleaged in respite of judgement then judgement is had of course and alsoe execution is awarded to bee executed as the finall end of Law Neuerthelesse there are three meanes to dissolue the said judgement and execution namely By a Writ of Attaint a Writ of Error and an Audita Quaerela which Writ is grounded vpon Equitie by Law and Conscience The Writ of Attaint is not onely tedious and thargeable Writ of Attaint but also neuer or seldome tried for the same is brought by the partie grieued against the twelue men and the partie for whom the sentence is giuen And whereas before commonly vpon the first enquest they be all Yeomen or men of meane calling now vpon this Attaint must goe twentie foure Gentlemen of greater qualitie and fortie eight must be warned to appeare then there must in the Attaint no more euidence be brought in but onely that which was brought in and alleaged before the first enquest which not appearing of record is hard to bee made a plaine matter againe Gentlemen and others are loth to discredit their neighbours yet if the matter bee so apparant that they must needs find them attainted then meanes are found to deferre the judgement and it may bee the parties shall be brought to an agreement or at the least one of them that was of the attainted Iurors will dye in the meane time and then the Attaint ceaseth yet in this case if the partie be in prison which brought the Writ of Attaint he may be bailed as is in Natura Breuium The Writ of Error is more easie Writ of Error and was heretofore vsuall to prolong suits in Law before the Statute of Ieofaile was made meaning in good French I'ay failly For euerie small Error if it were but false Latine would ouerthrow a Cause but now it runneth into another extreame for if the partie grieued speaketh in arrest of judgement and sheweth some materiall Error vpon motion made the aduerse partie may haue it amended as often as Errors are opened the Record therefore ought to be first remoued and not onely by transcript be put into another Court but the partie is to plead thereunto in nullo est erratum and then the danger of opening Errors is past if there be no trickes vsed in amending of the Records vnder hand wherein lyeth a Cerciorare to satisfie the Court where the Record is brought namely from the Common Pleas to the Kings Bench Court from the Kings Bench to the Exchequer which heretofore was done in Parlement and therefore the partie grieued and in prison of the Kings Bench cannot be baileable vpon a Writ of Error after judgement and execution as hee is vpon a judgement of the Common Pleas in the Court of Kings Bench for this Court of Kings Bench in regard of the Pleas of the Crowne challengeth some prioritie herein The Writ of Audita Quaerela The Writ of Audita Quaerela is graunted out of the Kings Bench Court if the judgement doe depend there and returnable in the said Court or else out of the Chauncerie returnable in the Kings Bench whereupon the Lord Chancellor taketh foure bailes in the vacation Time before a Master of the Chauncerie and the matter doth meerely depend vpon the baile The suggestion of the Writ in matter of Law is a later contract after judgement and execution an escape in Law if the prisoner bee by the Gaoler permitted to goe abroad without the Kings Writ or if he breake prison in which case the Gaoler is to pay the debt or vpon a payment made since the execution also a wrong recouerie by an executor whom the Prerogatiue Court doth afterwards disavow Such and the like suggestions are to be tried by another Iurie vpon euidence to be produced to proue the said allegation A strict Law This Common Law is so strict that the Prouerbe is Summum ius summa iniuria for example If a man seized of lands in Fee hath issue two sonnes the eldest sonne goeth beyond the Seas and because a common voyce is that hee is dead the yonger brother is taken for heite the father dyed the yonger brother entred as heire and alienateth the land with a warrantie and died without any heire of his bodie and after the elder brother commeth againe and claimeth the land as heire to his father in this case by the Law the eldest brother shall be barred by the warrantie of the yonger brother Againe parteners cannot sue each other by the Law Parteners cannot sue each other by the Law if two men haue a wood ioyntly and the one selleth the wood and keepeth all the money wholly to himselfe in this case his fellow shall haue no remedie against him by the Common Law for as they when they tooke the wood ioyntly put each other in trust and were contented to occupie and deale together so the Law suffereth them to order the profits thereof The Law therefore is not compleat without the Courts of Chancerie or Equitie for the imperfection and rigour of it are qualified thereby called to be Aequum Bonum which may bee considered in this case Two strangers ioyntly did deliuer in trust vnto a widow woman a round summe of money with condition not to deliuer the same out of her hands but when they both should demand the same within a while after one of them commeth vnto her and doth assure her by good indices and probabilities that the other his companion is dead and thereupon doth intreat her to deliuer him the money which shee did not suspecting any fraud so the partie went away with the money Afterwards commeth the other who was said to be dead and demandeth the money of the woman and vnderstanding that she had paied the same vnto the other was much offended therewith and caused her to be adiourned before the Iudge The woman appearing did declare the matter according to the truth shewing how the other had deceiued her and she did wholly relie vpon the integritie and justice of the Iudge Example of Law and Equitie Here an Action of the case might haue beene brought against the woman by the law and cause her to seeke the partie that had deceiued her but the Iudge tempering the rigour of the law did giue sentence That the woman should pay the money vnto the partie so as he brought his companion with him to demaund the same according to the couenant they both iointly hauing reposed a trust in her Here I call to mind the question which no Iudge could determine A couetous Doctor at the Ciuile law would not instruct a young Student vnlesse he did pay him a great summe of money whereunto the Student did condescend conditionally that he should
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