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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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in gold in times past Turqueses found in Malabar Turqueses being of Turquers colour by the day time and by night by the light greene they grow vpon a blacke stone whereof those retaining some little blacke veines are the better Iacinths in the Island of Zeilan are tender yellow stones Iacinths and haue commonly pimples or burbles in them Emeralds or Smaragds being hard and greene stones Emeralds found in the countrie of Babylon and other places of India were of great estimation before the quantitie discouered in the West-Indies many of them are counterfeit But by looking on them curiously towards the light the counterfeitnesse appeareth by certaine burbles like as the glasse doth which is not in the true stones although certaine beames appeare which true stones being rubbed on the touchstone leaue the colour of gold and the counterfeit the colour of copper for they are made of an extraction of copper The auncient Phylosophers haue determined that Sulphur and Mercurie being the originalls of all mettals are engendered of vapours and exhalations Originall of precious stones and the like origen they ascribe vnto all Precious Stones which caused Artists to take the same into their consideration both for the said Stones as also for Gold and Siluer whereof I do intreat more in the Chapter of Mines Royall c. All these stones being out of request with vs are to be bought for Russia and other places as the buyer findeth cause Pearles of all sorts are most found in the West-Indies which are Occidentall East-India Pearles and yet beare the name of Orientall Pearles which come from the East-Indies and although they haue more lustre they are of a brownish colour and somewhat inclining to the yellow and therefore of lesse estimation and price which at the beginning of our East-India trade was as followeth     ll s. d. Of one Carrat 1 ½ Pardaos is 0 7 6 Sterling Of 1 ½ Carrat 3 Par. 0 15 0 Of 2 Carrats 6 Par. 1 10 0 Of 2 ½ Carrats 8 2 0 0 Of 3 Carrats 12 3 0 0 Of 3 ½ Carrats 16 4 0 0 Of 4 Carrats 20 5 0 0 Of 4 ½ Carrats 25 6 5 0 Of 5 Carrats 30 7 10 0 Of 5 ½ Carrats 35 8 15 0 Of 6 Carrats 40 10 0 0 Of 6 ½ Carrats 45 11 5 0 Of 7 Carrats 50 12 10 0 Of 7 ½ Carrats 60 15 0 0 Of 8 Carrats 70 80 20 0 0 Aliofar which is small Pearle sold by the Iuera or Sorts which commeth frō the fishing of Comorin worth The 1 Iuera 330 reis The second 180 The third 80 The fourth 18 The fifth 8 West-India Pearles Anno 1587. And aboue this weight there is no proportion obserued but it is meere estimation as is noted in Diamonds especially in the West-India Pearles being of a clearer white water inclining towards blew whereof I bought a great quantitie of sir Francis Drake knight which he brought from Carthagena a citie of the Island of Santo Domingo being all vnholed and brute of seuerall sorts called Rostillo of 40 ss the ounce halfe Rostillo of 30 ss Cadenilla of 4 ll the ounce halfe Cadenilla 3 ll Pedraria of 60 80 peeces in the ounce 7 ll and halfe Pedraria of 100 to 110 peeces in the ounce 5 ll Also great vnproportionated Pearles called Barocos according to estimation and goodnesse as these prices were made at Paris and when they are holed or boared and stringed vp in foure sorts called Entreneto and put into boxes then they are sold one with another according to their sorts for 4 or 5 ll the ounce diuers flat Pearles seruing for buttons Round Pearle put vpon papers are sold by the peece according to their bignesse and fairenesse Seed Pearle to stampe for Apothecaries at 8 and 10 ss the ounce Round Pearles of all sorts of this water valued at Paris as followeth Of ½ a Graine 2 Solz tornois 2 d ⅖ star Of ● 4 Graines 2 ½ 2 d ⅗ Of 1 Graine 4 4 d ⅘ Of 1 ● 4 Graine 6 7 d ⅕ Of 1 ½ Graine 10 12 d Of 1 ¾ Graine 13 is 15 d ½ Of 2 Graines 16 19 d ⅕ Of 2 ¼ Graines 18 21 d ⅗ Of 2 ¾ Graines 30 3 ss Of 3 Graines 40 4 ss Of 3 ¼ Graines 50 solz 5 Of 3 ½ Graines 60 6 Of 3 ● 4 Graines 70 7 Of 4 Gr. Carrat 80 8 Of 4 ¼ Graines 90 9 Of 4 ½ Graines 100 10 Of 5 Graines 120 12 Of 6 Graines 240 24 Of 7 Graines 460 46 Of 8 Gr. is 2 Carrats 60 Pearles of a Carratt are worth now ten shillings and the other sorts vnder the same or aboue it accordingly I had 1600 of a Carratt which were sold for 9 ss and 900 of two Carrats sold for 36 shillings and many faire pendants whereof no price can be made in certaintie they must haue the due proportion of a Peare and be of excellent water Yellow Pearle is not worth halfe the price of the East India browne Pearle albeit they be a little helped to make them whiter for the Prouerb is true Quod natura dedit nemo tollere potest but if they be yellow accidentally then they will become very faire by the remedie following Take two ounces of white Argall or Tartar and one ounce of Mercurie sublimate and 1 ½ ounce of Allome put them together into a cleane pipkin or leaded pot poure vpon it the best Aqua vitae you can get and bind your pearles into a cleane clout and hang them in the pot and so let them stand ouer the fire one houre not touching any part of the pot and they will be faire and white If they be great round Pearles they may be scaled for naturally the Pearle is like vnto an Onyon scaling one vpon another I remember that a friend of my acquaintance called Mounsieur Hellman told mee many yeares since that during the minoritie of Philip the third late King of Spaine he shewed vnto him two excellent great round Pearles which he valued at ten thousand ducatts or three thousand pounds which the young Prince tooke in his hands saying Bocado por vn Roy A morsell for a King and swallowed them downe one after another The Merchant made account to receiue money for his Pearles but hee could not and was glad within two dayes after to take his Pearles againe which by the heat of the stomacke were become yellow comming to Antuerp a certaine Iew vndertooke to take off the vpper scale and so they were exceeding faire againe but diminished they were afterwards sold to the great Turke for aboue two thousand pounds starling Thus much for Orientall and Occidentall Pearles where note that the weight for Pearles in Seuill is lesser than the weight of Lisborne by eight in the hundreth the climate in the East is hotter than in the West and the water more faltish which causeth the diuersitie of colours In Scotland are many times
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
subiect to be numbered by Ages Yeares Moneths Daies Houres Minutes and their diuisions and subdiuisions wee cannot in this place omit to particularise concerning the same albeit it may be thought inconuenient to touch the obseruation of the period of Monarchies and Common-weales Periods of Monarchies Common-weales made by some Authors which by many important reasons may be amplified Some distribute the whole ages of the world into three parts ascribing to euerie age 2000 yeares which proc●edeth from that common opinion of Elias a certaine Rabbin or Iew affirming that the world should stand 6000 yeares and then be disolued of the which they reckon 2000 yeares before the Law 2000 yeares vnder the Law and 2000 yeares vnder Christ which shal be shortned for the elects sake which opinion hath beene receuied by diuers godly fathers supposing that as the world and all things therein was created in six daies So the same should endure 6000 yeares taking each thousand yeares for a day according to the saying of Saint Peter 1. Pet. 3. That one day before the Lord is as a thousand yeares and a thousand yeares as one day In this supputation is some reason for from the beginning to Abraham with whom the first couenant was made and to whom the law of circumcision was giuen wee find to be neere 2000 yeares Of the ages of the world and likewise vnder the law vntill Christ about 2000 yeares and now vnder Christ is aboue 1620 yeares reckoning towards the last 2000 yeares Augustin writing of these ages diuideth them into sixe and reckoneth the first age to be from Adam to Noah the second from Noath to Abraham the third from Abraham to Dauid the fourth from Dauid to the captiuitie of Babylon the fifth from the Captiuitie to Christ the sixt and last vnder the kingdome of Christ vntill the end of the world Others there be that doe distribute the same into foure according to the nature of foure kinds of mettals the Golden Siluer Brasse and Iron Ages alluding to the Prophecie of Daniel of the foure Monarchies Others doe account the same by thousands or millinaries according to certaine obseruations of 6000 yeares in the alterations of things Others doe calculate according to the ages of men supposing 100 yeares for an age and so now being 56 ages and more the number 60 or before the end of the world shall come But let vs obserue the true computation of the Church most generally approoued hitherto Computation of ages by Scripture and reckon from the Creation vntill Noah 1656 yeares when hee entred into the Arke and from the Floo● to Abraham 367 yeares and from the departing of the Israelites out of Egypt 430 yeares and from the departing to the building of the Temple by Salomon 430 yeares and from that time to the eleuenth yeare of King Zedekiah deduced by Scripture is 427 yeares So the whole summe of these yeares commeth iustly to 3360 yeares Hereunto 70 yeares being added of the captiuitie of Babylon is 3430 yeares which are 790 Sabbaticall yeares of seuen yeares euery Sabbaticall yeare without any odde number and from that time vntill Christ there is no momentarie difference by Historicall account whereof vnderstanding Merchants ought to bee informed all men take pleasure of this obseruation in their Almanacks From the Creation of the World A●no Dom● 1620. vntill the last yeare 5582. From the said Creation vntill the Flood 1656. From the said creation vntil the Birth of our Sauior Christ 3962. Since Brute did enter the Iland of Great Brittaine 2727. Since the building of the Temple by Salomon 2649. Since the building of the Citie of Rome 2371. Since the captiuity of Babylon 2258. Since Iulius Caesar was slaine 1669. Since the Birth of our Sauiour Christ vntill the last yeare 1620. Since the Conquest of England by Duke William 553. Since the beginning of the raigne of King Iames the first of that name of England vntill the 24 of March 1620 is 17 yeares compleate but currant 18. Concerning the yeare there are many obseruations Of the seueral beginnings of the yeare and euen of the seuerall beginnings of it And let vs note Obiter that the bodie the soule of man consisting in the bloud hath 365 veines as residences agreeable to so many dayes of the yeare All our Almanackes or Kalenders beginne the yeare from the first day of Ianuary albeit this beginning differeth in many other countries which is conuenient for Merchants to obserue The Astrologians begin at the entrance of the Sun in Arijs which is the 21 of March at 12 of the clocke at noone The old Romanes did begin their yeare ab Hieberno solstitio The Egyptians and old Iewes from the 21 of March with the Astrologians Those of Asia and India ab aquinoctio Autumnali being the 23 of September at 12 of the clocke at noone The Grecians of the longest day of the yeare The Venetians of the first of March The Spaniards from the Annuntiation of the Virgin Marie the 25 of March as England Scotland and Ireland The Portugals and the East-Indies Barbarie Preste-Iohn the 29. of August Moses by Gods commandement ab equinoctio verno which is Easter according to which Easter day Easter day was ordained vpon the full Moone being the foureteenth day of the first Moone after the Sunne entred into the signe of Aries which is also vsed in Aegypt Afterwards in the yeare of our Lord 328 the Councell of Nice did ordaine Easter day alwaies to be vpon the Sabbath day or Sunday next after the full Moone And the Bishop of Alexandria made thereupon a list according to the Circle or Golden number of the Moone beginning from the figure 1 vntill number 19 for that in 19 yeares the Moone maketh her compleate reuolution concurreth with the Sun And if the number did fall out vpon a Sunday then the Sunday after was Easter day The List appointed for Easter day according to this abstract which is now altered by ten daies vpon the alteration of the Kalender by Pope Gregorie the 13. Golden number● 1. The 5 of Aprill 2. The 25 of March 3. The 13 of Aprill 4. The 2 of Aprill 5. The 22 of March 6. The 10 of Aprill 7. The 30 of March 8. The 18 of Aprill 9. The 7 of Aprill 10. The 27 of March 11. The 15 of Aprill 12. The 4 of Aprill 13. The 24 of March 14. The 12 of Aprill 15. The 1 of Aprill 16. The 21 of March 17. The 9 of Aprill 18. The 29 of March 19. The 17 of Aprill Reuolution of the Sunne and Moone The yeare being exactly calculated according to the course of the Sunne or Reuolution in the Zodiake through all the twelue Signes consisteth of 365 daies 5 houres 49 minutes and 16 seconds And the reuolution of the Moone in her going course is 27 daies and about 8 houres and in her returning course about 29 daies and one halfe
Alteration of ten dayes made by Pope Gregorie the 13. IVlius Caesar the first Emperor of Rome a man learned and of great magnanimitie considering that the Romane yeares were reckoned confusedly according to the course of the Moone by the Hebrews with their intercalar moneth to make the same agree with the Sun By the counsell and instigation of Sosigenes an expert Mathematician about 44 yeares before the Birth of Christ deuised a new fo●me of Kalendar first framed after the course of the Sunne diuiding the whole yeare into three hundred sixtie fiue dayes and sixe houres making it to containe twelue moneths whereof the names are yet in vse beginning from March for the first moneth which caused September October Nouember and December to beare their names the seuenth eightth ninth and tenth moneth yet all yeares by the Almanackes putttng Ianuarie for the first moneth beareth the name accordingly from the Heathen god Ianus painted with two faces as it were beholding the yeare past and the yeare to come Februarie was so called of certaine sacrifices then offered called Februa March of Mars an Heathen god April the denomination of the moneths of the Spring Time and the word Aperio opening all vegetibles and other things May of Maya the mother of Mercury Iune a Iuniore for that all the yong people had a meeting in that moneth for recreation Iuly of his owne name Iulius and Augustus for the inlarging of the Empire Now forasmuch as the odd six houres could not conueniently bee brought to account euerie yeare hee ordained that euerie fourth yeare one day should bee added to February because foure times six houres maketh vp a whole day of foure and twentie houres and the yeare wherein this odde day falleth The Leape yeare wee call commonly Leape yeare hauing three hundred sixtie six dayes And because it was added at the six Calends of March it is named in Latine Bissixtus or Bissextilis Annus Neuerthelesse Iulius Caesar did begin his Kalender in Ianuarie when the Sunne entreth the eighth degree of Capricorne eight dayes after the winter Solstitium Solstitium which then being the shortest day of the yeare fell vpon the twentie fiue of December And the Spring Time Equinoctium about the twentie fiue of March Equinoctium The which places of the Sunne are now changed and sliden backe in the Iulian Kalender from the said obseruation of the Spring Equinoctium as also from the Haruest Equinoctium being about the twentie six of September the longest day then falling out the twentie fiue of Iune grounded vpon this reason of preuention of the Equinoctiall to the twelfth eleuenth and tenth dayes of the said moneths and the thirteenth and fourteenth of September But the chiefe cause proceedeth by reason that Iulius Caesar did reckon the yeare to continue three hundred sixtie fiue dayes and six houres which is more than the iust Astronomers calculation by tenne minutes of an houre and fortie foure seconds accounting sixty minutes to an houre and sixtie seconds to a minute so that the yeare truely containeth three hundred sixtie fiue dayes fiue houres fortie nine minutes The difference as the account of yeares for the errour and sixteene seconds as is before declared which difference in the space of one hundred thirtie foure years or thereabouts maketh one whole day and in the space of one thousand six hundred sixtie foure yeares being the time that the Iulian Kalender was set forth vntill the last yeare it commeth to twelue dayes twentie two houres fortie minutes and twentie fiue seconds For this cause sundry learned men haue heretofore desired that the same may bee reformed to auoid inconueniences and to haue a true account of yeares and dayes And the matter was propounded to diuers generall Councells but tooke no effect till now of late yeares by meanes of Pope Gregory the thirteenth in the yeare 1582 and then it was permitted to one Aloysius Lilius professor in Mathematicke Astrologie to set downe this long desired Reformation who being resolued to doe the same exactly by true account was hindered by the Clergie for they would not agree that the same should be drawne backe any further than to the time of the Nicene Councell which was in the yeare 328 and hereupon hee brought the reckoning backe only ten daies caused the fifteenth day of December to bee called the twentie fiue day Alteration of tenne dayes and the inconueniences which is but obserued in some places and brought great controuersie in diuers countries seeing the day of the Natiuitie of Christ and other Festiuall dayes and also dayes of keeping of Faires and Markets are changed and holden tenne dayes before the accustomed time And Merchants and others in making their Contracts and Obligations are often disappointed of their dayes of payment with diuers other inconueniences Whereas men of true iudgement might haue made this argument Is it by the addition of Time growing by certaine minutes and seconds euery yeare arising to one whole day euery fourth yeare in the moneth of February Then as it is increased thereby thirteene dayes in one thousand six hundred sixty foure yeares it may by the same Rule decrease so much in few yeares A true and good reformation of the Iulian Kalender by leauing out and suspending that one day which is so added vntil it come to his first institution and calculation of the Iulian Kalender which may bee reformed in fiftie two yeares beginning from the yeare 1620 being Leape yeare and leauing out thirteene dayes which is little more than one houre in the said and is no perceptable difference and after the said fiftie two yeares expired to adde the said day againe and there will not increase any one day more but in one hundred thirtie foure yeares And all the yearely obseruations may be accommodated accordingly I made an exact Table heereof in the yeare 1604 whereby the day of the Natiuitie of our Sauiour fell out againe to bee the shortest day of the yeare This Table was shewed vnto the Kings Maiestie of Great Brittaine as I was informed and howsoeuer pleasing yet for some causes to mee vnknowne not held fit to bee established CHAP. III. Of NVMBER and the Mysteries thereof VNitie is the Spring and Fountaine of Numbers which hath a reference vnto God the only fountaine of Goodnesse the onely Father Creator and preseruer of vs all Heere let vs note that the Philosophers haue not onely with one consent affirmed That great mysteries and vertues are contained in numbers But the ancient Fathers haue also obserued the same in the holy Scripture as Ierome Augustine Origen Ambrose Basil Athanasius Hilarius Rabanus Beda and others amongst whom Doctor Rabanus hath made a booke of the vertues which are hidden vnder Number And if there were no mysterie comprehended vnder Number Saint Iohn in the Reuelation would not haue said He that hath vnderstanding let him reckon the Number of the name of the Beast
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
a summe of money of the owners of a ship in consideration that he fraighteth the said ship for a voyage promising to repay the said money at the returne of the said voyage if the said Factor haue fraighted this ship for another mans account this Merchant is to haue the benefit of this money during the time and if the Factor conceale the same he is to repaire the damage thereof which is to be considered both for the interest and aduenture of the seas for the said owners beare the same and it is supposed that the Merchant would haue assured so much the lesse or by imploying that money towards the lading of the ship he should disburse to much money lesse to make the said voyage and it may be thought that in regard of that money the fraight is made the greater whereof the said owners of the ship haue had a consideration by disbursing the same Assurance If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage and haue moneys in his hands to pay for the Premio or the price of assurance and this Factor doth neglect the same and giueth no notice of it to the Merchant who might haue made assurance in another place and the said ship or goods do perish at the seas this Factor is to answere the damage vnlesse he can giue some sufficient reason for the non-performance of the said order or Commission Composition made without order If a Factor hauing made assurance vpon goods laden which afterwards are taken by the enemie maketh any composition with the assurers for the same without order or Commission for it he is to answere the whole assurance to the Merchant A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London himselfe dwelling at Antuerpe and being a subiect to the king of Spaine in the late warres caused 2000 ll to be assured at London vpon the said goods the ship and goods was taken by the Gallies of Sicilia and brought to Palermo where it was proued that the goods did appertaine to the King of Spaine his subiects but that there was 2000 ll assured at London by English Merchants their enemies in those daies pretending thereupon to take the said goods for forfeited or so much of them as should amount to the summe so assured Hereupon the Assurers hauing intimation from the Factor of it desired to make some composition to auoid that danger whereby the goods also might bee sooner cleered and the possession obtained for the owner and proprietarie thereof which was the Merchant of Antuerp wherein expedition was required The Factor in regard of the said expedition did not stay to receiue an answere from the Merchant what hee should doe but maketh a composition with the assurors for 60 pound for the hundreth pound to be payed instantly The goods were afterwards all recouered whereof so much as had beene assured was formerly relinquished to the assurors for the Merchant would not condescend to make any composition with the assurors So that the Factor did beare the aduenture to lose 2000 ll for some 1200 ll which hee had receiued if the goods had not beene recouered and therefore the said Factor tooke to himselfe the benefit of this composition by the aduice of the experienced Merchants If a Factor by errour of account doe wrong vnto a Merchant Accounts hee is to amend and to make good the same not onely for the principall but also with the interest for the time So on the contrarie if a Factor for his owne wrong haue forgotten to charge the Merchants account with some parcells payed out for him or made ouer by exchange the Merchant is to answere for it with interest for the time In these precedent obseruations are comprised all other cases of differences which may happen betweene Factors and Merchants CAHP. XVII Of the beginning of Sea Lawes HAuing in the former Chapters methodically intreated as also in this hitherto of the matters therein intended neuerthelesse according to the Contents of them the matter being of seuerall natures runneth promiscuously but in the end will performe the worke For as the roundnesse of the Globe of the world is compounded of the Waters and the Earth So this worke of the Law-merchant cannot be compleat without the Sea Lawes so called Lawes because they are written and knowne for without Nauigation Commerce is of small moment so that the Land affaires shall be intermixed with Sea-faring matters accordingly Some doe attribute the first making of Sea Lawes to the Pheniciaus and Carthaginians because Plinie doth ascribe the Art of Sayling vnto them But by the most ancient Records the Beginning must be from the inhabitants of the Island of Rhodes Rhodian Law scituated within the Mediterranean Sea who were most famous for shipping and sayling as Strabo hath written and surpassing all Nations in knowledge of equitie in Maritime causes and the Mediterranean Sea was for aboue one thousand yeares onely ruled by their Law called the Rhodian Law although augmented with some additions of the Romanes At last as some haue recorded when all sorts of Lawes by the euersion and lacerating of the Romane Empire were in a manner buried the Rulers of Rome in the yeare 1075 made new Sea Lawes and Statutes and so did euery chiefe Seafaring Towne vpon the said Mediterranean Coast adding thereunto other ordinances So did they of Marseilles in the yeare 1162 Genoa in the yeare 1186 they of Peloponessus called Morea in the yeare 1200 the Venetians in the yeare 1262 Constantine 1270 Iames King of Arragon the said yeare Peter King of Arragon 1340 and they of Barselona 1434 Which Lawes are collected and extant vntill this day But on the great Ocean Seas The Law of Oleron the first Lawes were made by the inhabitants of the Island of Oleron scituate on the Sea-coast of France neere Saint Martin de Rea against the Riuer of Charante which was called Le Roll d' Oleron by which the controuersies on that Coast were determined and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries whereupon diuers Statutes both in England and Scotland haue been enacted for Sea-faring businesse and in like manner diuers ordinances in the Low Countries especially since their fishing trade began Edward the third King of England caused with the aduice of diuers men of knowledge and experience in Maritime causes diuers Articles to be set downe Admiraltie Court in France and these were enrolled and obeyed for the gouernement of the Admirall Court and the French King Iohn made his Contracts with King Edward accordingly concerning the fishing trade as by the Records extant in the Tower of London where I haue seene them may appeare Francis the French King and Henrie the third of France haue made some Statute Lawes concerning the Courts of Admiraltie but the substance of all
and rechanges for it after a great rate And neuerthelesse they will bee sure to haue Pepper or any other commoditie at a certain rate agreed vpon betweene them Mony payable at the returne of the Fleet. or else in readie money payable also at the returne of the said West-Indies Fleet albeit they doe not beare the aduenture of the Siluer Bullion or Royalls of eight rather admitting a clause that if the treasure doe miscarrie they shall haue their monyes repayed within a certaine time and interest of 7 ꝑ 100 vnlesse it be they agree for the Pepper belonging to the King for many yeares to be taken at a reasonable price they bearing the aduenture of the Seas As the Lords Foulkers of Germany did contract in the yere 1592 with Philip the second King of Spaine whereby they became losers by the taking of the great Carracke the Mother of God at the Seas the next yeare following Now because in the precedent Chapters we haue spoken of a Banke and the payment of Bankers it will not be impertinent to intreat thereof before any further proceeding to the end this matter may be vnderstood of euerie Merchant and others CHAP. XX. Of Bankes and Bankers A Banke is properly a collection of all the readie money of some Kingdome The description of a Banke Common-wealth or Prouince as also of a particular Citie or Towne into the hands of some persons licensed and established thereunto by publicke authoritie of some King Prince or Commonwealth erected with great solemnitie in the view of all the people and inhabitants of that Citie Common-wealth or Kingdome with an intimation thereof made diuers times to be vpon such a day in the open market place where a scaffold is purposely erected with an ostentation of great store of money of Gold and Siluer supposed to belong to these persons or Bankers so established which is vnto them an attractiue power to persuade and allure the common people to bring their moneys into these Bankers hands where at all times they may command it and haue it againe at their owne pleasure with allowing them onely a small matter of fiue vpon euerie thousand ducats or crownes when any man will retire or draw his money into his owne hands againe which although it be but in twentie yeares yet during all that time they are to haue no more so that these persons or Bankers do become as it were the generall Seruants or Cashiers of that Prouince Citie or Common-wealth These Bankers as they haue their Companies Factors or correspondence in the chiefe places of trade in Europe so must they also keepe account with euerie man of whom they haue receiued any money into their Banke out of which number no man of that iurisdiction is almost exempted but generally all men are desirous to please them and to bring their readie money into their Banke as also such money as they haue in foreine parts In regard whereof these Bankers do giue them great credit for if any man haue occasion to bestow in merchandise or to pay in money 3 or foure thousand ducats and haue but one thousand ducats in the Banke the Bankers will pay it for him more or lesse as the partie is well knowne or credited without taking any gaine for it although it be for 3 4 6 or more monethes This seemeth to be a great commoditie as no doubt it is to men in particular but being well considered of it will be found a small friendship and no more in effect than if a man did participate the light of his candle to another mans candle for what is this credit or what are the paiments of the Banks but almost or rather altogether imaginarie As for example The maner of the Bankers paiments Peter hath two thousand ducats in Banke Iohn hath three thousand and William foure thousand and so consequently others more or lesse Peter hath occasion to pay vnto Iohn one thousand ducats he goeth to the Bankers at the appointed houres which are certaine both in the forenoone and afternoone and requireth them to pay one thousand ducats vnto Iohn whereupon they presently make Peter debtor for one thousand ducats and Iohn creditor for the same summe so that Peter hauing assigned vnto Iohn one thousand ducats hath now no more but one thousand ducats in Banke where he had two thousand before and Iohn hath foure thousand ducats in the same Banke where he had but three thousand before And so in the same manner of assignation Iohn doth pay vnto William and William vnto others without that any money is touched but remaineth still in the Bankers hand which within a short time after the erection of the Banke amounteth vnto many millions and by their industrie they doe incorporate the same which may easily be vnderstood if we do but consider what the readie money and wealth of London would come vnto if it were gathered into one mans hands much more if a great deale of riches of other countries were added thereunto as these Bankers can cunningly compasse by the course of the exchange for moneys the ebbing and flowing whereof is caused by their motion from time to time as in our Treatise of Exchanges is declared But some will say or demaund Cannot a man haue any readie money out of the Bankers hands if he haue occasion to vse it Yes that he can but before he haue it they will be so bold as to know for what purpose he demaundeth the same or what he will doe with it If it be to pay any man withall they will alwaies doe that for him as hauing account almost with all men for hee is accounted to be of no credit that hath not any money in Banke If he do demaund it for to make ouer by exchange in some other countrie they will also serue his turne in giuing him Bills of Exchanges for any place wheresoeuer because they haue their companies or correspondence in euerie place If he do demaund it for his charges and expences it will be paied him forthwith because it is but a small summe and in the end the money commeth into their hands againe If they pay out money to any man that hauing money in Banke will bestow the same in purchase of lands they will still haue an eye to haue it againe in Banke one way or other at the second and third hand so that they once being possessed of moneys they will hardly be dispossessed and their paiments are in effect all by assignation and imaginarie And if they haue any money in Banke belonging vnto Widowes and Orphanes or any other person that hath no occasion to vse the same they will allow them interest after foure or fiue vpon the hundreth in the yeare at the most and that vpon especiall favour for euerie man seeketh to please them as in matter where Commodum priuatum beareth the rule for they can easily please men in particular in giuing them some credit of that great
or amount vnto albeit that in this as I haue touched before custome is preferred aboue law Custome to be aboue law in this particular for the ciuile law if there be many Assurors in a ship vpon the goods laden therein maketh all the Assurors liable pro rata as they haue assured according to the said part of goods laden if a losse do happen or if there be cause to restore the Premio or sallarie of assurance in part But the custome of Assurances doth impose the losse vpon those Assurors which did first vnderwrite and the later vnderwriters of the Assurors do not beare any part of the losse but must make restitution of the Premio and reserue onely one halfe vpon the hundreth pounds or 10 ss for their vnderwriting in the policie of Assurance as is obserued The Ciuillians therefore haue noted That in Assurances the customes of the sea-lawes and vse amongst Merchants is chiefely to be regarded and obserued In like manner if a ship bound for a certaine port being at sea be driuen backe to the same from whence it departed and by tempest be cast away the Assurors are to aunswere the damage of the goods laden therein for so much as they did assure as they do in other casualties Assurors therefore are rightly exempted by the Diuines and Canonists to be no manner of waies vsurors taking a benefit by contract c. The matter of losse being well examined and made plaine the Commissioners then with a mature deliberation do set downe their determination and sentence That the Assurors shall pay euerie one the mony by him assured and if thereupon any one do denie to make payment accordingly then vpon certificate to the Lord Maior of London and some of the said Commissioners made of his refusall they haue by act of Parliament as aforesaid authoritie to commit the said Assuror to prison there to remaine vntill he doe pay or satisfie the said sentence or finall decree which no man of any credit will incurre And thus is this laudable custome established in England and beyond the seas they are compelled by the Magistrates to performe the like ordinances or sentences pronounced in the like cases of Assurances * ⁎ * CHAP. XXIX Of Shipwrecke and things found vpon the Seas THE Merchant or the assured together with the assurors have great cause of encouragement to looke after the goods of a Shipwrecke for there is no forfeiture of the said goods but with all humanitie euerie man is bound to aid them thereunto and whosoeuer steales any such goods hee shall pay fourefold to the owner thereof if hee bee pursued within a yeare and a day and as much to the Prince or Admirall wherein the Sea-law is so strict that the stealing of a nayle or the value thereof maketh the party guiltie to the rest of the goods so that by the ordinance of the Emperor Antonius The theese or robber of such goods should bee beaten and banished for three yeares or if hee were of base condition scourged to the Gallies For he that will not helpe such distressed men shall bee counted as a murtherer and therefore may no man hinder Ships to tye their ropes or lay their anchors on land And therefore did Hadrian the Emperour ordaine That all men hauing possessions on the coasts should attend carefully vpon such chances otherwise they to be answerable for all things missing by stealth or robberie If no man in due time claime such a wrecke then it belongeth to the Prince or Admirall and any action for Shipwrecke must therefore be commenced within a yeare and a day Wherein also is to be noted That if the Ship onely perish and the goods bee saued then the goods shall pay the tenth or the fifth as the difficultie of the sauing thereof shall require For Gold Siluer Silke and the like things of easie transportation should pay lesse than goods of greater weight and burthensome for carriage as being in greater danger except the Master carry in his Ship to a place where hee should not and then is the Merchant free of the Masters losse Now of things found vpon the Seas or within the flood-mark these are of three sorts either found on the streame floating and then are called Floatson or found on the Sea bottome Floatson Lagon and drawne vp from it and then called Lagon or found on land but within the Sea-flood or cast forth there by storme and the water and then are called Ietson Ietson Concerning Floatson and Ietson whether things be cast vp by Shipwrecke or else left or lost through casting in stormes the finders thereof as some Lawyers are of opinion should doe therewith as with other goods found vpon land that is to proclaime the same to be forthcomming to the true owner because the loser remaineth still proprietarie of them and if no man claime the same the finder to keepe the same to himselfe But by the Rhodian Law the finder hath one fifth part for the sauing And in France by the Admiraltie of Rochell they allow Pour le Droict de sauuage one third part which my selfe haue allowed of eightie pipes of Oyle and twentie two Butts of Sackes which became Floatson out of a Ship of Diepe called the Desire which did perish neere the Island of Saint Martin de Rea not farre from Oleron in the yeare 1589 the French King Henry the fourth late deceased being then but King of Nauarre So hath a Diuer for drowned goods Allow●ee to Diuers in the Seas one third part vpon eight Cubits deepe and vpon fifteene Cubits hee hath halfe and vpon one Cubit but a tenth which of late yeares was accordingly allowed in some part of Ireland for drawing vp some Ordnance of the Ships which of the Spanish Armada did perish vpon the coast Anno 1588. But by the Custome now vsed euerie man of some qualitie will claime all as his owne if it commeth vpon his land contrarie to the Law of Oleron which giues it to the finder If Ships or Boats are found on the Sea or vpon the coast without any liuing creature therein and no man claiming the same within a yeare and a day then the halfe is allowed to the finder and the other halfe to the Prince But of late yeares all is left to the arbitrement of the Admiralls to consider the finder or taker with some portion for his trauells charges and danger And if the finder conceale such goods whether Anchor Timber Iewels dead men with money or Iewels about them hee not onely loseth his part but also shall bee fined at the will and pleasure of the Admirall If Whales or Regall Fishes Ships or Boats without liuing thing in them be driuen by force of winde and waues onely to any coast or land then all and wholly doth appertaine to the Admirall But in the yeare 1617 a great Whale being found on the coast in Suffolke where Sir Robert Lloyd Knight was Admirall for the late Queene
the Sea is adioyning and in proprietie to bee esteemed accordingly taking their names of the Countries and Kingdomes adiacent or of their scituation as Mare Britannicum Mare Germanicum Mare Hibernicum and for scituation Mare Mediterraneum obserued by Cosmographers Historiographers and Mathematicians this is performed with the helpe of the Compasse counting of courses soundings colour of the grauell or sands and other wayes to designe Finitum ab ' i●finito By the Ciuile Law so farre as is expedient for the certaine reach and bounds of Seas properly apppertaining to any Prince or people wherein the Doctors of the Ciuile Law haue recorded excellent obseruations By the Law of Nation and Customes Baldus saith Vidimus de iure gentium in Mare esse Regna distincta sicut in terra Auda Ad legem 1. de ter diuisione In §. nullius in tratt de i●sula Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria which is one hundreth leagues of sea from their coast if they extend their protection so farre called by them Districtus maris territorium which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England Visible Markes of Dominion or where there are such rockes or eminent marks as the Washes at the West seas thereof to which purpose Paulus a renowmed Ciuilian saieth That it is not needfull for him who would possesse himselfe of any land to go about and tread ouer the same but it is sufficient to enter in vpon any part thereof with a mind to possesse all the rest thereof euen to the due marches to be made apparant by the instruments of Geometricians And the like may be designed vpon the seas notwithstanding the soliditie of the one and the continuall flowing too and fro of the other This distinction of dominion hauing continued so many hundreth yeares needeth not to be corroborated with other proofe and arguments yet let vs note obiter That if the same were not distinguished as aforesaid Cases of ciuile Law or Admiraltie one borne vpon the seas should haue no countrie or nation to appeale vnto and a man dying intestate vpon the seas should minister occasion of question to know who should administer his goods and making of a Will how the same should be proued and executed by law without approbation of some Court or Iurisdiction whereas we find many Admiralls of the seas and their seuerall iurisdictions vpon the seas as deputies to their Princes or States who are alwaies absolute Commanders in their precincts according to the treaties and contracts made betweene Princes which are in the nature of lawes and inseperable of the said Princes right on the land concerning the possession of their Kingdomes or Common-weales as the fundamentall cause of their dominion wherein discontinuance of any part of their right cannot be pleaded against them The Kings of England neuerthelesse haue beene prouident and carefull herein for Historiographers haue recorded That King Edgar one of the Saxon Kings long before the Conquest made a suruay yearely of the foure great seas Mathew of Westm. and stiled himselfe lord thereof euen vntill Norway Ranulph Cestriensis and his progresse was most towards the North. It is also affirmed Anno 973. That the said King Edgar caused an inscription to be made vpon his Tombe for a monument calling himselfe Dominus quatuor Marea and as Papinian the Iurisconsult saieth In finalibus questionibus vete ra monumenta sequenda sunt Mare Britanicum But this for the dominion of the Kings of England ouer their seas Mare Hibernicum is not needfull For afterwards William Duke of Normandie after he had subdu●d the realme of England by conquest Mare Germanicum caused himselfe not onely to be proclaimed King Mare Deucalidon but also that all the goods of the subiects were his and so caused the land to be diuided and yet was contented to change the title of a Monarchie by conquest into a Monarchie Royall and was also Lord of the said foure seas Io Bodinus de Resp. by the former assumpsit which had then continued 200 yeares and his progresse by sea was most Westward For when Princes or Kings do stile themselues by proclamation then the continuance thereof without opposition of other princes is holden and obserued as inuiolable and permanent Now King Henrie the second succeeding William the Conqueror Graftons Chronicle within one hundreth yeares did ioine Ireland to the crowne of England and did reduce Normandie and other places in France to the crowne taking as it were a new possession of the said seas and Henrie the first euerie yeare or within three yeares at the furthest crossed ouer into Normandie hauing taken Robert Duke of Normandie prisoner In the time of King Edward the third Chro. Malmesbu●e there was a disputation held with France concerning the fishing of the seas about Brittaine in which it was proued to belong to England Ioh. Hayward and thereupon Fraunce disclaimed therein By ancient records and Treaties c. as appeareth by the said King Edward the third his Proclamation yet extant Which arguments and contracts are as a law effectuall And here I must remember the singular care which the right reuerend father in God doctor Abbot now Archbishop of Canturburie A rare booke remoining with the Archbishop of Canturburie and Metropolitane of England hath had in procuring at his great charges for the good of our posteritie an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same Anno 1596 and caried to Bruxels in the Low-countries whereof I haue had the perusall and made an Abstract of the Chapters of the same viz. The Treatie of Peace betweene Edward the third king of England and Iohn king of France for themselues and their eldest sonnes namely Edward the Blacke Prince of Wales and Charles Duke of Normandie Regent the French King his father being prisoner to the said King Edward which Treatie was made the eight of May 1360 in Britanie neere Chartres and confirmed at Calice whereupon sixteene Hostages were giuen to the King of England by the French King who was to come thither in person and to pay three millions of crownes for his ransome of two crownes to bee reckoned for an English noble called in King Henrie the eight his time Angell noble being some 750000 〈◊〉 sterling The ransome o' King Iohn of France The ship whereof vpon the one side did signifie the dominion of the seas whereunto old Chaucer the Poet did allude in Henrie the fifth his time This money was to be paied to weet six hundreth thousand crownes at Calice within 4 months after King Iohns arriuall there more foure hundreth thousand crownes within the yeare and so much yearely vntill the full paiment made
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King E●ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Holl●ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guicc●ar●in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appert●ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
thirteene shillings and foure pence whereunto is added the auncient Custome heretofore paied by the Merchants of the Steele-yard or Haunce-townes being 14 pence so together 14 ss 6 d a Cloth besides the ouerlength of 3 d ¼ the yard The pretermitted Custome of Cloth which is of late comprised in the new Imposition of the pretermitted Custome for waighing of Clothes at two pence the pound so that a short Cloth paied in times past a noble and now tenne shillings besides the ouer-length according to the weight after the said rate of two pence for the pound all which the Merchant stranger payeth double Also whereas of late yeares since the Customes were letten to farme all Commodities as Sugars Spices Raisons of the sunne and others are weighed and thereupon the Tarra for the Caske or Chest is to bee allowed Allowance for Tarra or Cask and so the Custome is payed There ought good allowance to be made for the said Tarra because many commodities being vnladed and hauing taken the moisture of the seas increaseth the weight of their Caske so that Merchants pay many times Custome for that which they haue not by the strict dealing of Officers contrarie to equitie and justice if they doe not warily looke to their affaires wherein the Officers may also be excused Now to conclude touching Customes we must consider what they may amount vnto vpon the hundreth according to which Merchants are to cast vp their accounts for benefit and losse as aforesaid Custome The Custome in England called Parva Custuma was three pence vpon euerie pound that the commodities are rated in the Custome Booke which is paid by Merchants strangers now altered paying 6 d. Subsidie The Subsidie or Poundage is payed by all Merchants of what nation so euer which is 12 d vpon all commodities brought in And for Cloth exported 6 ss 8 d for English Merchants and Merchants strangers double Imposition The new Imposition established in the yeare 1608 is also 12 d vpon all commodities imported and vpon some commodities exported is limited so that Custome and Subsidie in England is 12 ½ vpon the 100 for Merchants strangers besides but leridge or scauage almost one pro cent more for goods inward and for English Merchants is ten vpon the hundreth Impost The Impost of Wines is limited vpon the Butt Pipe or Hogshed as by the Booke of rates with the Composition money and other dueties In Spaine and Portugall they take after diuers rates for commodities some ● 10 or ● ●● and twentie fiue vpon the hundreth esteemed to be one with another vn quinto or ● ● part or 20 pro cent with the Alcaualla taken for Brokeridge to sell them In Barbarie seuen pro cent Alcaualla aboord The Turke taketh ⅕ part as the Aegyptians The Venetians take 3 5 7 and 10 vpon the hundreth with great aduisement and vpon the Manufactures of other nations 14 15 and more And the like is done in France to aduance the handie crafts man The Great Imposts demanded in the yere 1604 by Philip the third King of Spaine of 30 vpon the 100 of French English Great Imposts and Flanders commodities was soone abolished when the French king Henry the 4 did the like for one extreame enforcing another is of small continuance CHAP. XXXVII Of Merchants Wagers Stipulations or Conuentions FOr as much as diuers Ciuilians haue intreated of this arguments of Merchants Wagers and made some Treatises de Sponsionibus wherevnder matter of Assurances is comprised it may not be thought impertinent to handle this subiect briefly and diuidedly from Merchants Assurances alreadie declared in his proper place The said Ciuilians do distinguish these Wagers or Sponsiones to be threefold 1 Where a Wager is laied with a pawne in the hands of a third person 2 Where by way of Stipulation some thing is giuen vpon a Wager 3 Where a thing deliuered or by a couenant made with another person the same is promised to be restored and double treble and ten times the value thereof vnto the partie with whom the Wager is made if the matter in question or doubt do not take effect whereof many examples may be giuen and declared namely The Great Wager betweene Cleopatra Queene of Aegypt Examples of Wagers and Marc Anthonie for the great expences of a supper by dissoluing the Paragon Pearle and drinking the same as Plinie reporteth when Lucius Plancus was made judge of that Wager and pronounced that Anthonie had lost That of Cecinna whereof Cicero maketh mention for the recouerie of his grounds taken from him in hostile maner by Eubusius and restored againe That such a Cardinall shall be elected to be Pope That such a King is dead and such a town is taken in all which the Wager is made by Pawne Stipulation or Conuention as aforesaid and hereof are innumerable examples Hereupon they conclude That all Wagers laid must be for honest causes and as it were striuing for vertuous actions and that these by the law are to bee maintained in the performance of the Wager wherein custome is the best interpreter Custome the best interpreter of Law euen in the point of law which is considerable in all cases by the long obseruation of them A Wager being laid that the Pope of Rome or the Emperor or any other great personage shall die within the yeare Lawfull Wagers and vnlawfull is good in law but to lay Wagers as desirous or wishing some vnexpected euill or aduerse fortune vnto an honest man or although it were to an enemie is neither ciuile nor naturall in the vnderstanding of well disposed men A Wager laied vpon the death of a priuate person is disallowed but not for the contracting of any supposed or expected marriage which is lawfull All Wagers laied in lawfull games are allowable but in prohibited games cannot be recouered by the Ciuile law So Wagers made by lookers on vpon other mens games are disallowed which is the cause that Stipulations are made putting the pawne or money downe which is called to stake downe and if it be vpon an vnlawfull game then the lookers on are subiect to punishment as well as the gamesters A Wager laid who shall eate or drinke most is vnlawfull If a Gamester or a Merchant playing receiue twentie and promise to giue fiftie for it the next day playing the Conuention is good A Merchant laying a Wager to giue tenne for one if such a ship arriue within a limited time within such a Port or Hauen is good in law A Wager is laied vpon the arriuall of a ship in the port of Lixborne and a certaine summe of money promised thereupon it falleth out that the said ship is a Galeon so deniall is made to pay the money The Law did determine the money should be paied because the word Ship is a generall name although it be called by diuers names As a Notarie is called a Tabellion Scriuenor or a
as for the erecting of Schooles and Vniuersities maintenance of the poore and of widowes and orphanes repairation of Churches and high-wayes and ditches for the plantation of Collonyes of people in other Countries and building of Townes and Castles for their maintenance as also to erect Pawne-houses to supply the necessitie of the mechanicall poore suppressing intollerable vsurie whereof we shall intreate in the second Part of this Booke concerning monyes The Etimologie of the word Lotarie is deriued from the word Lot And albeit all Lotaries are things casuall in respect of man to whom the Lot falleth yet in regard of the prouidence of God they are certaine in effect by the said Diuine disposing of the Lot Insomuch that howsoeuer the words Fortune Chaunce Fate Destinie and Casualtie are borrowed from the Heathens it cannot bee denied but that respecting the effects and operations of God towards man they are proper distinctions of Gods Diuine Prouidence And hence ariseth the Prouerbe Nemo sua sorte contentus viuit * ⁎ * CHAP. XLII Of Associations Monopolies Engrossings and Forestallings ASsociations are twofold the one is done by publike authoritie of Princes or States vpon Graunts made by Letters Patents which are properly called Societies as the Companie of Merchant Aduenturers Societie of the Merchants Aduenturers which are of 400 yeares standing or thereabouts reckoning from the yeare 1248 when the said Merchants obtained priuiledges of Iohn Duke of Brabant and were called the Brotherhood of Saint Thomas Becket of Canturburie which were confirmed by King Edward the third Henry the fourth Henrie the fifth Edward the fourth Henrie the sixth Richard the third and King Henrie the seuenth who gaue them the name of Merchants Aduenturers after him also confirmed by King Henrie the eight Edward the sixth Queene Marie Queene Elizabeth and lastly by our Soueraigne Lord King Iames not without many enemies and oppositions and most especially of late taxing them to be Monopolizers and vnprofitable to the common-wealth being that all our Clothes were not dressed and dyed in England Whereupon their Patent was for a time suspended but afterwardes confirmed again vnto them by his Maiesties ample Proclamation As this Societie is of ancient estimation so is their gouernement verie commendable and preserueth the amitie and entercourse betweene the Realme and other neighbour Princes and States venting the best commodities of the Kingdome yet so that euerie man selleth freely at his pleasure without any combination or limitation to the great honour and seruice of the State wherein they may daily see and obserue more and more as is heeretofore declared Societies of East-Indies Virginia c. The East-India Merchants are also a Societie but their aduenturers runne all into maine Stockes and is gouerned and carried all ioyntly vpon benefit or losse This Company beganne in the yeare 1599. So the Merchants of Turkie are a Societie Also the Virginia and Barmuda Merchants and diuers others are Societies incorporated by his Maiesties Letters Patents as aforesaid The other Association is done by and betweene Merchants of their owne authoritie Partnership by Contract ioyning themselues together for to deale and trade either for yeares or voyages and this is properly called Partnership where one man doth aduenture a thousand pounds another fiue hundreth pounds another three hundreth pounds and another foure hundreth pounds more or lesse as they agree amongst themselues to make a stocke euerie man to haue his profit or to beare losses and aduenture according to their seuerall stockes in one or many voyages for one or more yeares besides the moneyes taken vp at vse to trade withall proportionably according to the rates of their stocks by parts and portions to be diuided into so many parts as they agree wherein the conditions be diuers which must be obserued truely and the accounts accordingly otherwise all will run into a Laborinth and confusion And by the common Law one partner cannot proceed against another and in Chauncerie the suits may be prolonged for the life of a man vnlesse the Law-Merchant be better vnderstood and the Auditors Office be enabled to end these businesses with breuitie and expedition There is another branch of this maner of partnership Partnership by imployment which commeth to passe when Factors beyond the seas dealing for diuers Merchants will sometimes make imployment of seuerall mens money in one kind of commoditie to be diuided amongst them Here one may become a partner vnawares and vnknowne as of late I know the like did happen in a great bargaine of Tabacco whereupon all the partners being seuen in number are fallen out and diuers of them are in law This course althoug vsed is verie dangerous especially when they vse many Factors One Merchant sendeth commodities to his Factor to be sold in Spaine and giueth order that by that meanes he shall prouide money for his part of the imployment of Tabacco to be made another Merchant he sendeth a Letter of credit of a friend of his that so much money shall be taken vp by exchange for Antuerpe or London as shall be needfull for his part another Merchant he causeth so much money to be made ouer to his Factor by exchange ●●om Antuerpe as will furnish for his part Two other Merchants dwelling in Spaine doe furnish their parts there themselues And amongst them all they admit in Spaine one Factor dwelling there to buy the Tabacco and he hath a part with them but findeth the meanes to disburse no money for his part because he buyeth the said parcell of Tabacco amounting to some twelue thousand ducats and conditioned to pay a good part of it at six or more moneths And the seuenth Merchant he prouideth not any money and neuerles wil haue his part because he gaue order to his Factor to take it vp by exchange for London vpon him promising that he would pay the same here Hereupon the bargaine and imployment of Tabacco is made the goods receiued and sent ouer to London where it is diuidedly deliuered to some of the said partners to be sold with one and others priuitie for the generall account of them all to be made vp amongst them to cleere the said account and euerie man to haue his part of the benefit and profit and likewise to beare such losses as may decrease their profit according to equitie and conscience Interim it happened that the Factor who bought the said Tabacco dyed insoluent who did not only leaue his own part vnpaid but a far greater summe which the other two partners were faine to pay being bound for it in all amounting to 1300 ll sterling● Now the question is How this losse shall be borne amongst them The first Merchant he saieth I did send commodities and by the prouenue thereof my part was payed by him that dyed and that dependeth vpon accounts to be cleered betweene him and the partie deceased the second Merchant he sayeth My part was paied in readie mony in Spaine taken vp
care must be had herein both by the parties and Scriueners which make the bonds Concerning agreements to be made between Bankrupts and their Creditors there is a question made That if Creditors do agree with their Debtors for some part of their debts Agreements to be made between a Bankrupt and his Credi●ors because of the Debtors losses and misfortunes Whether when the parties being become rich againe may reuoke their agreement And the law hath determined this question That if vpon the agreement there be an Acquitance made by the Creditor then the same agrement is absolute and cannot be reuoked vnlesse the Acquittance were conditionall The greatest number or the greater summe of the Creditors being agreed with the Debtor are bound to be conformable with the other and to do the like with the helpe of authoritie not onely by the Ciuile law but also by the Merchants Court of Prior and Consuls which authoritie is alreadie noted before to bee in the Lord Chauncellor But the difference is great betweene the greater number of the Creditors or the greater summe for a man may haue an infinite number of small Creditors or few Creditors for verie great summes by him owing so that the greater number should ouerrule the greater summes It is therefore thought conuenient to follow the greater summes which neuer the lesse doth not hinder the smaller number to proceed vpon goods appertaining to the partie if they can find them if by the said authoritie the whole estate of the Decoctor be not managed Bills of conformitie in Chancerie wherupon the Bills of conformitie were of late yeares vsed in the Chauncerie which by the Parlement Anno 1621 are made void because of diuers great abuses committed in thedefence of Bankrupts who to shelter themselues from the rigor of the Common-lawes did preferre their Bills of complaint in Chauncerie which was in the nature of a Protection and the parties broken became to be releeued for easie compositions with their Creditors albeit at charges another way extraordinarie Now concerning fugitiue persons being indebted if they be Merchants they are taken pro confesso to be Decoctors or Bankrupts Fugitiue Merchants for they in substance by their absence denie to giue a reason of their losses to their Creditors which they ought to do if by fortune they are to haue good and fauourable dealing if it shall appeare that by losses and not by wastfull or lewd behauiour they came behind hand whereby the Creditors are induced to diuide in some measure the parties goods amongst them as they may by the law and custome of Merchants The statute made in the 34 yeare of King Henrie 8 hath well prouided against these fugitiue persons Proclamation against fugitiue Merchants that a Proclamation shall be made against them That if they doe not returne within three moneths after they shall haue notice of it which by Affidauit must be certified to present themselues in some conuenient place to be declared that then they shall be proceeded against as if they were contemners of the lawes of the realme And in the meane time by order from the Lords of the priuie Councell who haue authoritie to grant a warrant for the Proclamation all such reuenues of lands or goods to be sequestred and afterwards to be sold as cause shall require for the paiment of the Creditors which execution hath lately beene practised against diuers but lyeth onely against the kings subiects but not against strangers nor other persons which are not Merchants or trades-men All meanes of strict proceeding are to be vsed against those fugitiue Merchants as also other Decoctors and against them that do giue them any aide or assistance which is not tollerated by the law for he that will helpe them because he may the sooner recouer of him his owne payment may be conuicted of fraud by the law when it is found out and discouered besides that the other Creditors may call that mony backe againe to be distributed amongst them And the Dictio Nullo modo How to be tak●n nullo modo is to be vnderstood at no time and without any reason of excuse in all other things prohibited by the law especially in this which concerneth the disturbers of commerce so much to be celebrated And because many questions do arise by the meanes of the interruption of trafficke by Bankrupts and that as I haue noted alreadie the lawes in most countries doe differ in the proceedings against them I haue therefore in this Chapter made a more ample discourse both of the Ciuile Law the customes of the Merchants courts and the examples and lawes of other countries to preuent the multiplicities of cases which might be alledged by true obseruation of the premisses A question which concerneth the estate of Bankers The question concerning Bankers which haue their seuerall places or Bankes in diuers iurisdictions and become Bankrupt How their Creditors shall be dealt withall in the diuiding of their estates betweene them is worthie the obseruation for whereas they keepe two three or more Bookes of account in seuerall places and therein distinguish the Creditors of their seuerall Bankes The Ciuilians are of opinion for the most part That the Creditors of one iurisdiction should not participate with the Creditors of another iurisdiction and haue put the same in practise but the court of Merchants do vse to take an account of the state of the Bankrupt dispersed in all countries and diuide accordingly * ⁎ * CHAP. XLV Of Manufactures HAuing so often inculcated that important argument whereby true Merchants are to be carefull That trafficke and commerce may be profitable as well to the common-wealth as to themselues we may not omit to intreate of Manufactures as an important matter to the customarie Law of Merchants considering the aboundance of materials and stuffe which the realms of England Scotland and Ireland doe affoord Idlenesse the root of all euill whereby the people may be set on worke to auoid idlenesse which is the root of all euill most dangerous in countries which are populous Experience demonstrateth vnto vs how many other nations hauing not stuffes of their owne but from others do neuerthelesse set their people on worke vpon the stuffe and materialls of other countries making and dispersing the same into a large trade Therefore it is conuenient to incourage all men to reward new inuentions with some priuiledges for a time and not for euer New inuentions to be rewarded to auoid the course of Monopolie and to make the benefit to the common-wealth more generall which maketh men painefull by the radicall moisture of gaine whereof Merahants are to haue a consideration so to reward the artificers and handy-crafts-mens labours that they may liue by their worke according to the Dutch Prouerbe which themselues vse so frequently Leuen ende laeten leuen To liue and to let others liue This is to be regarded also by states-men Liue and let liue forbearing to
inhabite in Virginia where they shall haue houses and lands for themselues and their heires for euer and their worke shall be taken from them and they shal be duely paied and that a certaine number onely shall haue this priuiledge for certaine yeares and none others to be admitted albeit the number of people doe increase wherby they may be sure of a certain beneficial liuing And no doubt they wil aduenture that little they haue to inrich their means and estate and persuade their wiues and seruants to go with them who may succeed them vpon other good conditions The like is to be done with Taylors Bakers Brewers and other handicraftes-men and so conceauing a common-wealth within themselues wil resolue and encourage many that are of some meanes to accompanie others of smaller means whereby the base minded will be brought to be also painefull and industrious in time and the charge of the vndertakers will be lesse and more commodious to prouide the voyages with facilitie The like was to be put in practise by the Hollanders in the Island of saint Thomas vnder the line but the extreamitie of the heate of that Climate did bring a disorder and the attempt was giuen ouer It is more like to be established in other places for albeit the warres in Europe will diminish the people yet most countries are populous Politicians although they are much mistaken in the number of parishes of seuerall kingdomes yet are they not in the number of the persons or inhabitants France containing by late estimation about 27400 parishes What people in France in numbers c. esteemed in 44 hundreth thousand families of fiue persons to a familie where in England six persons are accounted to be in a familie is 22 millions of persons England containing 9725 parishes 52 shires and 26 cities is esteemed in 28 hundreth thousand families of six persons which maketh 16 millions and 800 thousand persons Scotland containing aboue 4000 parishes is esteemed to haue about 1500 thousand persons or families of six persons is nine millions of persons Ireland containing 5500 parishes was esteemed not to containe the two third parts of Scotland which is now much increased The prouince of Flanders one of the 17 Netherlands esteemed to containe 140 thousand families of fiue persons is 700 thousand persons which is more than the kingdome of Denmarke being ten times more spacious Now omitting to speake of other countries Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments be it an Aristocracie or Democracie the meanes to make countries populous is thought reasonable which in Monarchies is held to be dangerous The concourse of people causeth the greater consumpsion of all things and the reuenues are great by Impositions and it giueth life to trafficke and commerce The Plantation of Vlster one of the foure Prouinces of Ireland is now verie great and the meanes to set the people on worke are to be taken in hand which may be done by a Corporation of English and Irish Merchants there inhabiting and English Merchants in England to vent the superfluities of the commodities of that kingdome and to increase the manufacture of many needfull commodities to bee made there the realme affording stuffe and materialls thereunto plentiously And here I remember a good obseruation heretofore made touching the kingdome of Ireland Why the same was not brought vnto perfect obedience to their soueraigne these 400 year●s but vnder our most gratious king Iames which is attributed to the mistaking of the place of the plantation of the first aduenturers that were deceiued in their choice Fit places for plantation to be considered of for they sate downe and erected their castles and habitations in the plaines and open countries where they found most fruitfull and profitable lands turned the Irish into the woods and mountaines which as they were proper places for Outlawes and Theeues so were they their naturall castles and fortifications thither they draue their preys and stealths the lurked there waited to do euill and mischiefe for these places they kept vnknowne by making the waies and entries thereunto impassible there ●hey kept their cattle liuing by the milke of the cow without husbandrie or tillage there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues there they made their assemblies and conspiracies without discouerie but they discouered the weaknesse of the English dwelling in the open plaines and thereupon made their fallies and retraits with great aduantage Whereas on the other side if the English had builded their castles and townes in those places of fastnes had driuen the Irish into the plaines and open countries where they might haue had an eye and obseruation vpon them the Irish had beene easily kept in order and in short time reclaimed from their wildnesse and would haue vsed tillage and by dwelling together in towneships learned mechanicall Arts and Sciences This discourse may seeme strange to the Law of Merchants but when Merchants vndertake Plantations as we see they do no man will hold the same to be impertinent The discouerie of the Southerne countries called Terra Australis And for as much as diuers Mathematicians heretofore haue according to those discoueries made their maps and vpon good probabilitie affirmed and set downe Terra Australis incognita whereof discouerie hath beene made in the yeare 1615 by Ferdinand de Quir a Spanish Captaine let vs consider that many other countries may also be found out albeit this containeth a fifth part of the world for as he saieth to Philip the third late king of Spaine the length thereof is as great as all Europe and Asia the lesse vnto the sea of Bachu Persia and all the Isles as well of the Ocean as of the Mediterranean sea taking England and Island into this account seated within Zona Torrida and a great thereof reacheth vnto the Equinoctiall Circle eleuated vnto them to 90 degrees aboue the Horizon and in some places a little lesse There they liue without Kings or Lawes and know no neighbourhood either of Turkes or Moores and according to this maner of life although they want Yron and Guns they haue not need of any thing But they abound with many excellent commodities whereof the Spaniards will in time make vse especially if they be more assured of Gold there to be found as in part they are of Siluer and Pearles for these are the three most pretious darlings that lie and are cherrished in the bosome of Nature To say nothing of Spices and Drugs whereof they abound with many other commodities by the said Captaine declared And here we may not omit to remember That it is not enough to discouer countries and leaue them without plantation or at the least neglect the vse of them if Merchants do giue ouer their enterprises But it is the part of Princes to see plantations made True causes to make plantations for two maine reasons
a man for euery moneth besides the ships fraight and mens wages which may be agreed vpon diuersly And commonly the Company is permitted to haue one third the Owners of the ship one third and the Merchant or Merchandize one third all other incident charges to bee borne accordingly betweene them whereof Indentures of couenants are made Hauing reserued to intreat of this important businesse of Fishing in the end of this first Part of Lex Mercatoria concerning commodities which are compared to the Body of Traffick together with the Sea-lawes obserued therein with all other Customes of Commerce Let vs now proceed to the Second Part touching Moneys being the Soule of Trafficke which in times past were noted to be raised by the fishing trade now so much neglected appertaining to the Kingdoms of Great Brittaine and Ireland as hath beene shewed euen by originall Antiquitie The correspondence and long entercourse between the Societie of Gold-smiths and Fishmongers alludeth hereunto For Saint Dunstane the Bishop The allusion of Saint Dunstone termed to be the Patron of the Company of Gold-smiths had no other Elixer or Philosophers stone than the Gold and Siluer which by the benefit of fishing was obtained whereby the Kingdomes Plate and Bullion was procured For the aduancement of which fishing Trade he did aduise That three fishing dayes ought to be kept euery weeke which caused also more abstinence and hence the Prouerbe came That Saint Dunstane tooke the Deuill by the nose with his pinchers Which Custome if it were better obserued with vs would proue very beneficiall to the State and Common-wealth * ⁎ * THE SECOND PART OF LEX MERCATORIA or the Auncient Law-Merchant concerning Moneys compared to the Soule of TRAFFICKE and COMMERCE WEe haue alreadie compared the three Simples or Essentiall parts of Trafficke namely Commodities Money and Exchange of Moneys vnto the Bodie Soule and Spirit And in our first p●rt of Lex Mercatoria treated of Commodities as the Bodie of Trafficke with the dependances thereupon as being properly the causes of Commerce with their Effects Adi●ncts and Accidents which methode we are now also to obserue in this second part of the Law-Merchant concerning Moneys compared to the Soule which infuseth life vnto Trafficke by the meanes of Eq●alitie and Equitie preuenting aduantage betweene Buyers and Sellers And because Money is made of Mettals wherof we haue not spoken in the Chapter of the Commodities whereby Commerce is maintained here we are to begin with the verie originall of Mettals and Mines as a matter worthie the knowledge of Merchants and others First we find That when commodities began much to abound in the world all manner of mettall as Gold Siluer Copper Tin Lead and Yron grew into greater estimation as being fit and more dureable for preseruation and so the purest and finest Mettall most esteemed At which time the riches of men was notwithstanding described to consist of cattel commodities and other moueables Pecu●ia non Pecu●a●ia and there was a commutation of commodities as hath beene declared which was found to be verie cumbersome The beginning of Moneys and did require much carriage of wares vp and downe from one countrie vnto another by reason whereof Money was deuised to be coyned to be the rule and square whereby all other things should receiue estimation and price and as it were become a measure whereby the price of all things might be set Publica Mensura to maintaine a certaine euenhood or equalitie in buying and selling and the same to haue his standing valuation only by publicke authoritie to the end that all things might equally passe by trade from one man to another Denomination of Money Concerning the denomination of Money it is deriued of Moneta which proceedeth a monendo to shew you the name of the Prince vel nummi nota and consequently the price of the peece of coyne by his authoritie made stamped and valued Pecus fuit Pecuniae fundamentum Pecunia is deriued a Pecude of Cattell as of Sheepe and Oxen the figure whereof was coyned thereupon Nummus a numerando vel nomine of the name of the Prince stamped vpon it and also so called Carolus Guildren or Floren so a Ducat of Ducatus the name of a Duke And in times past being called Stipendium was à stipe pendo before the same was coyned with a stampe but made and weighed being siluer as the Cicle of the Hebrewes The Romans in times past vsed copper Moneys calling their Exchequer Aerarium So in Germanie it is called Argentarium of the Siluer and being kept at Strasbourgh that citie is called Argentina The first Siluer moneys coyned was the 484 yeare of the foundation of Rome And the coynes of Gold was sixtie and two yeres after that Since the foundation of Rome vntill the yeare of 1622 are 2373 yeares Sterling Standerd altered in the valuation The sterling Standard of the Moneys of England was first coyned at a place so called by Osbright a Saxon King of England aboue seu●n hundreth yeares since at which time an ounce of Siluer was diuided into twentie peeces and so esteemed twentie pence as who should say so many peeces which so continued by denomination vntill King Henrie the sixth his time who in regard of the inhancing of Moneys in forreine parts valued the same at thirtie pence But there was more peeces made out of the said ounce and the former peeces went for three halfe pence vntill the time of King Edward the fourth and then they were currant for two pence and the said King did value the said ounce at fortie pence vntill King Henrie the eight did value the ounce of sterling Siluer at fortie and fiue pence and so continued vntill King Edward the sixth and vntill Queene Elizabeth her time and then the verie same peece or the same penie was valued at three pence and so did all three pences coyned by the said Queene weigh but a pennie weight and the sixe pence two pennie weight and accordingly the shilling and other peeces which made the ounce to be valued at sixtie pence or fiue shillings whereof twelue ounces make the pound Troy weight The pound Troy diuided by weig●t which remained diuided neuerthelesse in twentie pennie weight for the said ounce being still the same in weight did retaine the same name and foure and twentie graines also for euerie pennie weight and according to the said pound weight is the finesse of Siluer also diuided For if it be all pure Siluer without any Copper called Allay it is iustly called twelue ounces fine because that pound weighed twelue ounces and hath no mixture in it The pound of Siluer diuided in finesse and so euerie ounce is consequently twentie pennie weight in finesse and euerie pennie weight is twentie and foure graines in finesse The finesse of Gold is twentie and foure Carrats Finesse of Gold and euerie Carrat is foure graines in finesse and was
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
made an offer to buy the 80 tunnes remaining in the Tower to a great personage to giue it for 24 pound the tun to be transported to my friend into Holland paying readie money time was taken to giue me an answere and then difficultie was made for that treasure was not to be exported vnlesse by returning the quantitie of siluer by weight heereupon conclusion was made to bring in so much Bullion of siluer or royalls of plate But when all came to all with running vp and downe and further offering to deale for greater quantities and to take it in Scotland I was put off with this consideration That it was a dishonour to England not to haue men of as good experience as any were beyond the seas whereby the Kings losse was 2000 ll for his Highnesse gaue the same afterwards vnto Iames Achinson his Grauer of the Mint heeretofore who brought the same to nothing being vnskilfull of the refining of it And thus are good matters marred in the handling Good matters marr'd in the handling and workes brought at a stay or hindered as I haue before set downe There are many rich Mines in Scotland if wee compare them to the West-India Mines and in Wales Plus Pencer que dire where the Lead Mines are poore they containe the more siluer of 1 ½ two and three ounces in the hundreth of the Ore which will not yeeld aboue 40 or 44 ll weight of Lead and the Ore of the Mine which holdeth three ounces containeth but 25 pound of Lead The Mines most knowne are those in Cardiganshire in Wales where master Hugh Middleton of London Gold-smith hath bestowed very great charges as he did in bringing the water-workes to the Citie of London so he bringeth now siluer to the Tower to bee minted the Ore being foure ounces in the hundreth or 80 ounces in the tun and the lesse in Lead for the richer the Ore is in Lead the poorer it is in siluer So one hundreth of the best Ore of Lead will make neere 70 ll of Lead and holdeth but 1 ● ounce of siluer not worth the charges of refining as we shall declare The Lead Mines in Ireland doe containe more siluer than these Mines of Darbieshire and Somersetshire called Peake and Mendisse Lead The Saxons which were procured to come into England had no more no not so much experience as our refiners of London for by sauing of Lead they found lesser quantitie of siluer and so all was giuen ouer The third sort of Mines Royall are the Copper Mines Copper Mines which are found also in diuers Countreys which are not so plentifull in Hungarie where the best is as in times past but are very aboundant in Sweaden howbeit that it is very meane and inferiour in goodnesse There are also Copper Mines in Germany and the Duke of Brunswickes countrey as also certaine naturall Copperas waters wherein they cast from time to time great quantitie of old Yron which within sixe weekes or two moneths doth transmute into Copper Naturall water of Copperas England hath diuers Copper Mines at Keaswike neere Scotland are made some fortie tunnes yearely by certaine Germanes there inhabiting it containeth some Gold Some Mines of Copper Ore are found in Yorkeshire and albeit the charge of making one tunne of Copper be commonly 30 ll yet if seuen tunne of Copper Ore make one tunne of Copper it may yeeld good benefit for whereas 22 fires haue beene vsed it is brought to 12. I haue seene excellent Copper Ore of some Mines in Staffordshire in the hands of master Stonewell Staffordshire Copper Mines which absolutely is the best Ore that euer was found in England hee doth assure mee of great store of Ore It is lamentable that such workes should lye dead for want of vndertakers which indeed are discouraged by the great charges In mine opinion the charge of a tunne of Copper of this goodnesse of Ore will be made for 15 ll There are also good Copper Mines in the West parts of England where I haue seene good Ore in diuers places which must be roasted to destroy the Antimonie Arsenicke and other corruptions which are in it The working of copper Ore by Allome and Copperas water A certaine Nobleman now deceased was imbarked in those Westerne Mines which were promised to be wrought by imbibition of Allome and Copperas water and the Ore after digestion with raine-water would make of six tuns one of Copper hereupon for 300 ll by him disbursed he was offered 1800 ll It pleased his Lordship to take my aduice and to conclude the bargain for when I did calculate the charge of grinding and roasting of the ore the making of the great quantitie of Allome water and Copperas the consumption of yron plates decreasing in weight with all the tubs and vtensills the long time of imbibition and consequently workemens wages I found the charge to exceed and that the course of ordinary melting was to be preferred and so experience hath since proued the same to the great losse of the vndertakers For when workes are clogged with immensiue charges in the beginning it choketh the benefit euer after as we shall presently declare Seeing that profit is the radicall moisture of such and the like actions his Maiestie hath beene graciously pleased to incorporate a Companie of worthy persons The Compa●ie of Royall Mines for all Royall Mines by Letters Pattents and hath reserued but one fifteenth part to himselfe But there is none of that Companie that doth aduance any works that I can learne I would to God that the Mines Royal or others would proue to be worth ten thousand pounds yearely and aboue whereby his Highnesse according to the ancient Maxime of the Law might claime his interest as they say for it is well knowne how gracious and bountifull his Maiestie is alwayes The great wealth of the West-Indies would not bee so admirable vnto vs A Spanish Million is 300 thousand pound sterling the Report whereof is greater than the Truth and the Spanish Millions are not sterling Millions Neuerthelesse let vs reckon them with the most which is three hundreth thousand pound sterling And when the Fleet of the West-Indies and Noua Espagna bringeth eight or nine Millions it is a great matter And to make this apparant I haue heere set downe the greatest Treasure that euer came at any one time which was in the yeare 1587 as a prouision for the great Armada then preparing whereunto unto great beneuolences had beene gathered in regard of the meritorious action which God from Inuincible made Inuisible The Register of the treasure was with the most namely From Noua Espana and Terra firme For the King 8100 Ingots of Siluer 12 Chests with Gold 300 thousand Royals of eight 20 Cases with Pearles 1 Chest with Emeraulds 5600 Roues of Cutchenille For particular persons A remembrance of the great●st reuenue of the West-Indies 5 millions Teasted siluer
1500 Markes of Gold of eight ounces 1500 Markes of Pearles 1 Chest Emeraulds From Mexico For the King 1900 thousand Pesos of Siluer 1100 Markes of Gold For particular persons 2 millions in Siluer 64 thousand Hides 25 thousand ll Indico From Santo Domingo Island 35 thousand Hides 900 Chest Sugar of 1000 ll weight 22 thousand Kintals of Ginger 13 thousand Kintals of Logwood 50 Kintals of Salsaparilla 48 Kintals of Caniafistula 64 Roues of Cottonwooll All the Gold and Siluer was valued at thirteene millions and all the commodities at three millions whereof the King had twelue millions and one halfe De claro wherewith we conclude this Chapter of the Mines Royall and are moued to write also of other Mines and Minerals contrarie to our first intention but briefely as followeth * ⁎ * CHAP. III. Of Mines and Mineralls THe next in order to be treated of are Tin Mines which are but few in number in all countries Tin Mines and in Germanie onely found somewhat plentifull but the Tin is blackish and corrupt so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World which containeth foure ounces of Gold in a thousand whereof there is some twelue hundreth thousand made yearely It hath been sold for many yeares at an vnder value but his maiestie hath by way of Praeemption aduanced the price thereof which belongeth to the Dukes of Cornewall and consequently vnto the noble Prince of Wales Charles sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants and the gouernment of the Staneries with all the good orders obserued therein and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome and deserueth great commendation as is alreadie noted Lead Mines Leade Mines are found in all cold countries especially in Germanie in the dukedome of Brown●wike but it is blacke of colour and vntill it be refined it is vnseruiceable and consequently not vendible The old Duke had almost made a wall abo●t the citie of the sowes and pigges of Leade vntill our Leade became deere and scant and that an Antuerpian did teach them how to refine their Leade in taking away the cobble which is like vnto a knot in a peece of timber which made the Leade brittle and by his meanes all the Dukes Leade was sold in Italie Spaine and other places in France and elsewhere Scotland and Ireland haue many Leade Mines containing also Siluer The Leade Mines of England are scituated in diuers places of the kingdome but most in Darbishire in the hills of Peake Somersetshire and Wales There is great difference in the Ore as hath beene noted There are also many Lead Mines in Richmondshire vnder the countie of Yorke where I went to view them anno 1606 about Arkendale and the new Forest hauing prepared a long Yron boare of eighteene foot long for that purpose Description of many Leade Mines in Yorkshire and there I did obserue within the compasse of ten miles that the scituation of Arkendale i● betwixt two hills the one lying North called Windike and the other South-West called Moldersey adioyning vnto another hill called Pouncy lying West from Moldersey all belonging vnto the King and by lease vnto sir Iohn Maillorie knight There are also adioyning vnto it certaine other hills where lead Mines are as Swailedale where my lord Wharton hath his workes also Readhurst Cocka and Fellind being East from Wyndecke The Mines of Arkendale haue neuer been wrought to any purpose There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts which at their leasure seeke for Lead Ore vpon sufferance and bring the same to the melting places where they fell the same for 20 or 24 ss the load giuing to the owners three or foure parts in ten as they can agree and one tenth to the Parson or Vicar of the Parish or Chappell A loade of Ore with them is as much as foure or fiue horses can conueniently carrie which by computation is some ten hundreth weight and is also deliuered by a measure called Load foure of these Loads will make a Fother of Lead of twentie hundreth their weight being 120 ll to the hundreth London weight so one hundreth of Lead Ore maketh but 30 ll of Lead which commeth to passe for that their manner of melting is by foot-blast and small furnaces with wood and charcoale Foolish maner of melting casting the Ore of Lead betweene them in small peeces and so still augmenting their melting which can yeeld but little the heat of the fire being choaked with the fewel and drosse of the Lead whereas flame is the greatest meane of melting of all mettaline Ores which require furnaces to be made accordingly where thirtie six or fortie hundreth may be molten together they melting three or foure hundreth There is no wood to be had but within two miles but sea coale and good peate is neere hand which may serue better cheape for they reckon 7 or 8 ss for the charge of a fother for the melting The Lead being cast into small Piggs of somewhat more than one hundreth weight are brought on horse-backe through Richmond to Burroughbridge being about thirtie miles distant and are conueyed by water to Yorke for 2 ss the hundreth and from Yorke to Hull for other two shillings so that a Fother of Lead with all charges will not stand in three pounds and there is a neerer way by Stockton on the sea-side about twentie and fiue miles which will lessen the said charges Now we are come to Yron mines Yron Mines whereof almost all countries in Europe are prouided which do much differ in goodnesse yet may be vsed according to the seuerall workes whereunto it is imployed as the Sp●nish Yron seruing for Blades not so good for other things England hath great store of Yron Mines for by computation there are aboue eight hundreth furnaces The melting of it by flaming sea coale or Scots coale saueth a great deale of charges There are lately found more Yron Mines in Fraunce which Yron being made into bars is transported into Guinea Binea and other parts vpon the coasts of Africa where it hath continually beene in great estimation and now becommeth so aboundant that their profit is but small of those voyages and so it falleth out at this present for the price of Leade The Yron stone in Wales is found to differ from the Steele stone by meanes whereof a Germane made good Steele in barres Steele stone and also Gad Steele But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein and Germane Steele is best vntill of late that a Frenchman shewing the imperfection of ordinarie Steele caused his maiestie to make void the said patent and to grant another for the making of perfect Steele surpassing in goodnes the Steele of all countries So we find
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the ●●act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
accordingly The double Guilder of Albertus tenne ounces 15 pennie weight and 14 ⅗ peeces The single Guilder the halfe and quarters of the same finenes and peeces accordingly The peeces of foure two and one Stiuer since 1590. The peeces of eight Ryalls of Spaine of eleuen ounces foure pennie weight and 13 ½ peeces The said peeces made at Mexico in the Indies eleuen ounces fine and 13 ⅔ peeces The Lion Doller of the Prince of Orange of nine ounces fine and thirteene peeces The siluer Ryder of Guilders and Frize-land correspondent with the States Doller of nine ounces The Dollers of Guelders and Vtrecht tenne ounces tenne and twelue pennie fine and thirteene peeces The great siluer Royall of the States correspondent with the Phillip Doller The 1 20 part of the said great Royall with the Arrowes accordingly The Doller of Zealand with the Eagles of nine ounces fine and 13 ½ peeces The Edward Doller of England of eleuen ounces two pennie weight fine and 11 ¾ peeces The Doller of Scotland with the crosse Daggers eleuen ounces two pennie weight fine and 11 ¾ peeces The Marke of Scotland eleuen ounces two pennie weight fine and 54 peeces The Doller of Frize-land coyned 1601 of nine ounces fine and 13 ½ peeces Coynes made of meere Copper THe Ortgens whereof foure make one Stiuer and two the halfe Stiuer The Duyts also foure make one Stiuer The Negenmannekens the eight make a Stiuer and foure the halfe Stiuer The three Mites whereof eight peeces to the Stiuer is 24 Mites The sixteene pence Hollandts make one Stiuer and eight the halfe Stiuer For other Copper Moneys read the fifth precedent Chapter of Moneys Error of Triall peeces for the Standard So I doe conclude this Chapter with an errour committed in the making of the Standard Triall Peeces vsed in most Kingdomes and States to charge the Mint-masters to make the Moneys by wherein they doe not proceed according to the Rule of Arithmatike by obseruing true weight and finenesse For if it bee appointed to make a Standard peece of tenne ounces fine they will take certaine ounces of fine Siluer and Copper proportionable thereunto and melt them together and being made into a plate of Siluer diuide the same into three equall parts to be deliuered one to the King another to the Warden and the third to the Mint-master and hereof are Assayes made both of this peece and the moneys and so compared together As if a man should take eleuen ounces two pennie weight of fine Siluer and eighteene pennie weight of Copper both in weight and melt them together making twelue ounces by weight and neuer weight them after they bee commixed But say this is sterling Standard whereas the weight both of the one and of the other doth proportionate the Standard by weight for in regard of the waste of copper this is better than Standard and ought to bee made exactly so that the peeces also are to be correspondent to the pound weight for the foundation riseth from hence as in the following Chapter appeareth CHAP. IX Of the Valuation of Moneys and the Proportion betweene Gold and Siluer VAluation of Moneys is the Spirit which giueth life vnto coynes for without it weight and finenesse are in the nature of Bullion or Materialls This Valuation is twofold Two fold is the valuation of moneys the first is done by publicke authoritie of Princes and States whereby the peeces of coynes are esteemed at a price certaine both for Gold and Siluer to go currant for that value within their kingdomes and dominions the second is the Valuation of Merchants by way of Exchange betweene vs and other nations which is predominant and ouerruleth the former as heretofore hath beene touched and now will be proued The Kings or Princes Valuation is effected three manner of waies Kings valuation viz. by inhauncing the price of the coyne by Proclamation secondly by embeasiling the standard of money by allay and thirdly by altering the proportion betweene Gold and Siluer The Merchants Valuation is also effected three manner of waies Merchants valuation viz. by the price of Exchange for moneys rising and falling from time to time by the tolleration of the coynes at a higher rate betweene them and by the combination with Mint-masters inhanceing the price of the Marke of Gold and Siluer Of all these in order briefely The Kings Valuation is deriued or drawne from the verie peece or peeces made out of the pound weight of twelue ounces or the marke of eight ounces which the Romans did call Nummus à numerando to tell or reckon by The Saxons gaue it the name Pfemimg or Pennimick in Ducth from whence the word pennie is deriued for they cutt●ng twentie peeces out of the pound Troy of twelue ounces made twentie pence euerie way that is to say twentie pence in weight twentie pence in value Weight and finesse both alike with the number of peeces and consequently diuiding the finenesse also by twentie pennie weight and euerie pennie weight in twentie and foure graines which was the auncient sterling standard of Osbright the Saxon King seuen hundreth yeares past which Valuation so continued vntill King Edward the third and vntill Henrie the sixth and then was valued at thirtie pence the said ounce and continued vntill Edward the fourth The ounce of siluer aduanced because of the inhancing of money beyond the seas and then valued at fortie pence and so continued vntill King Henrie the eight and then was valued at fortie and fiue pence and so continued vntill Queene Elizabeth who after the decry of the base money made by King Edward the sixth which King Henrie his father had caused to be coyned did restore the sterling standard to her great benefit by valuing the said ounce at sixtie pence or 5 ss inhauncing the same one full third part so that one of those pence became three pence by valuation and Gold was raised according to the proportion of eleuen of fine Siluer to one of fine Gold or eleuen of standard Siluer to one of Crowne Gold which valuation of Siluer hath continued hitherto with little alteration But beyond the seas there hath been great inhancing both for the coynes of siluer and gold as wel in Fraunce as in the Low-countries and Germanie to Englands incredible losse as is at large declared in our * The Canker of Englands Common-wealth Treatise of Exchange This daily inhauncing beyond the seas began in the time of King Henrie the eight who went about to reforme the same but afterwards finding that if he should inhance his price of moneys likewise they would still aduance theirs more and more he began but moderately and whereas the Angell Noble so called was at six shillings eight pence Angell Noble inhanced he ●aused the same to be valued at seuen shillings and foure pence by a Proclamation in the eighteenth yeare of his raigne and within two moneths after at seuen shillings
consciences are hardened vnto it without any scruple or indifferent consideration whereby as in bodies natural so in politicke diseases grow by the too much or the too little of a due proportion in all humane actions And the rule that innouations are dangerous holds true where the bodie naturall or politicke is in perfect state of health but where there is a declining there to make no alteration is a certain way to run to destruction To the third That money will be sodainely called in It may be made or enacted that the borrower shall haue two yeares time for the payment of the money he oweth paying the Interest and obseruing such cautions conditions and limitations as may be thought conuenient To the fourth obiection That money will be hard to be borrowed it is well knowne that the high rate of vsurie doth not increase in the quantitie of money whereof hauing plentie causeth commerce to flourish and if money at interest were called downe what will Vsurers doe with their money They will not keepe it by them as a dead stocke for either they must imploy it in trade purchase lands or lend for vse at such a rate as the Law will tollerate so that herein can be no hurt To the last and weakest obiection concerning the money of other Nations deliuered at interest here it is demanded Whether it bee meete to haue them to feed vpon the Realme and in processe of time to carrie out such gaines thereby by multiplication of interest For to men of vnderstanding in casting of accounts it is plainely manifest that a hundreth pounds managed at tenne in the hundreth Interest which seemeth incredible multiplies it selfe in seuentie yeares being the age of a man to a hundreth thousand pounds and it is therefore compared to the Butlers boxe For euen as men when they are at play feele not what they giue to the boxe but at the end of Christmasse it makes all or neere all gamesters losers so there are not few which continue in Vsurie that are not ruined And so the said Treatise concludeth tenne in the hundreth to be biting Vsurie But to apostrophate this discourse and to remedie the matter let vs but procure to haue plentie of money really in specie within the Realme together with the meanes vsed in other countreys in the lieu of moneys as the transferring or setting ouer of Billes betweene man and man the paiments by assignement in Banke without handling of moneys and Letters of Credit or Billes of Exchanges as you may find in this Booke declared For plentie of money will not onely preuent but also effect the benefits intended in the said Treatise making Vsurie to decrease in price Plentie of money decreaseth Vsurie in price or rate as in other countreys where they are tollerated to take twelue in the hundreth and yet moneys are plentifully to bee had at fiue sixe and seuen in the hundreth Then will the Kings Customes increase and Commerce flourish Noblemens and Gentlemens landes bee improoued Merchants and Artificers be incouraged young beginners bee inabled labourers find quicke imployment and Vsurers may haue land for their moneys Some will say vnto mee considering the premisses That to take tenne in the hundreth of a rich Merchant indeed or of any other that buyeth landes or maketh gaine by the money is no biting Vsurie Herein to qualifie the contents of this and the precedent Chapter I note two considerations for that purpose albeit that it seemeth no Comma can bee made as it were from the highest Climate to the lowest Center in regard of the litterall wordes denounced by way of curse against Vsurie For if on the one side you will take all Texts of Scripture so precisely as men doe without construction as for example Phil. 4. Luke 18. Giue to euerie man that asketh of thee Be alwayes glad Pray alwayes and the like and on the other side so little regard them by large interpretations in taking great Vsurie what confusion and disorder would this bring to the Common-wealth Therefore to answere the question I say That consideration being had in your particular and the partie who made benefit of your money there is no biting Vsurie committed and no hurt done but rather mutuall loue increaseth but if there be consideration had of the generall there is biting Vsurie committed and euen vpon the poore and mechanike people For by your meanes and others deliuering moneys at Interest is the same incorporated into rich mens hands whereby the meaner sort of people can haue none to serue their occasions but at verie excessiue and abominable rates and that vpon pawne also For your deliuering of moneys at tenne in the hundreth and vnder doth enable them to take intollerable Vsurie of the said meanest sort of people as shall now bee declared whereby they deuoure them so that in all Kingdomes they are prouided for but heere and vntill that bee amended your taking of tenne in the hundreth in nature before declared is a biting Vsurie although it doe not belong vnto you to amend the same but that Princes and Magistrates are to prouide for it For this is a biting nay a verie gnawing to the bones of your Christian brother with whom you ought to deale mercifully As there are three sorts of dealings amongst men that is Three sorts of men and three sotts of dealings Gift Bargaining and Lending so are there three sorts of men the starke Begger the poore Housholder and the rich Merchant or Gentleman To the first you ought to giue freely not onely to lend freely to the second you ought to lend either freely or mercifully and not to feed vpon him with excessiue Vsurie but with the third you may deale straightly and aske your owne with gaine especially when hee gaineth by your money vsing in all these a conscience with discretion * ⁎ * CHAP. XII Of Intollerable Vsurie and Lombards THE apprehension of the continuance of intollerable Vsurie in England is able to stupifie a mans senses considering the same is so abhorred of Heathens Turkes and Barbarians it being an euident token that our hearts are more than sufficiently frozen ouer with the insensible y●e of vncharitablenesse because the cruell deuouring thereof may bee so easily preuented And then Vsurie Politike will not be biting This intollerable Vsurie is effected by the Brokers selling old apparell and houshold stuffe which doe take after diuers rates but all of them excessiuely they being the fittest instruments to receiue and buy stollen goods whereby all theeues are incouraged according to the Prouerbe If there were no receiuers there would be few theeues Most of these Brokers haue their money masters to whom they pay twentie in the hundreth or 15 at the least for some of these money masters pay themselues ten in the hundreth vnto others so that one thing driueth or inforceth another Like as in a clocke where there be many wheeles the first wheele being stirred driueth the next and
that euerie Creditor may haue his Debitor It seemeth that William Sommers being a Iester to King Henrie the eight had some insight in this manner of Account for when the King told him that he had deliuered a good summe of money vnto a gentleman a follower of his Sommers answered That for doing so he had noted in his Booke that the King was a foole giuing his reason for it Because the gentleman would neuer returne backe againe and that the King was cosined but the King asked of Sommers What he would do in case the gentleman did returne with the money whereupon Sommers answered Then I wil put him in my booke for a foole and put you out Sic nugae seria ducunt To returne to our young Merchant by this time he hath taken an Inuentorie of his estate and caused his Clothes and Kersies to be valued and findeth that the hundreth clothes are worth some 1200 ll one with another and his two hundreth Kersies of Deuonshire 400 ll hereupon entring the yere moneth and day in the Iournall he maketh Debitor and Creditor as aforesaid Magazin or Warehouse oweth vnto Capitall or Stocke 1600 ll for one hundreth white Clothes of the markes following The manner of making Debitor and Creditor amounting to 1200 ll and for two hundreth Deuonshire Kersies at 40 ll the packe of twentie peeces which of mine owne estate I find in this my warehouse parcell of my patrimonie amounting together in wares 1600 ll and this summe is drawne out in the margine towards your right hand in the said Iournall Cash oweth vnto Capitall or Stocke you need not to say of me A.B. the summe of 1000 ll for so much readie money which I find this day in Cash proceeding of c. and this summe is likewise drawne out c. B. M. Mercer oweth vnto Capitall 300 ll which he owed by bill vnto my father deceased payable in two payments namely c. summe 300 ll N.W. Merchant oweth vnto Capitall 200 ll for so much owing by him vnto my father deceased which is payable the 25 of March next by bond c. The Manor of Latham in Lancashire oweth vnto Capitall 1500 ll Land● which was left my father by descent from c. containing c. of the yearely value of 66 ll now in the tenure occupation or possession of c. 1500 ll The lease of the house called the Golden Lyon scituate in Cheapside in London oweth vnto Capitall 200 ll Leas●● for so much I haue paid vnto the companie of Mercers for a lease of the said house for 21 yeares with a reseruation of a rent of 20 ll yearely to be payed euerie six moneths now in the occupation of A.B. Gold-smith paying me sixtie pounds yearely rent for the same I say cost me two hundreth pounds Plate and houshold stuffe oweth vnto Capitall 200 ll Houshold stuffe for so much I haue bought and find to be in moueables of plate apparrell and houshold stuffe since my fathers decease wherewith I find all my estate to be worth 5000 ll the particulars of which plate and moueables are by Inuentorie to be seene in my Booke of Remembrances or Memoriall so for this parcell I draw out 200 ll Here you see that this young Merchant hath an estate of 5000 ll to begin the world withall consisting of the aforesaid seuen parcels Transferring of parcels to the Leidger These seuen parcels now are put ouer into the Liedger which some call posted ouer in so many seuerall Accounts of seuen Debitors and there is but one to be made Creditor for all these which is Capitall or Stocke which doth answere by correspondence all the seuen Debitors in their proper accounts amounting all to the summe of 5000 ll on the Debitors side and so is here 5000 ll on the Creditors side which doth ballance the other Ballancing of accounts being so termed of a paire of ballances wherein equall weight being laid on euerie side the ballance will be iust and euen and in like manner must all accounts kept by Debitor Creditor be euen ballanced whatsoeuer the remainder of the accounts are which falleth out by calculation vpon the account But the maine ballance of the whole booke may not differ one pennie and fractions of halfe pence and farthings are not vsed in Iournall parcells but accounted in the summaries at the first This Merchant now employeth his money and buyeth some other commodities to be sent beyond the seas namely one hundreth peeces of Perpetuanoes which cost him readie money fiftie shillings the peece more twentie fother of Lead at ten pound the fother fiftie peeces of Bayes of diuers sorts cost him two hundreth and twentie pounds and twentie Redding mingled colour clothes amounting in all to 870 ll Entring of parcels in the Iournall which he paied in readie money And all these commodities he doth enter into his Iournall in one parcell making the said Magazin Debitor for all and his cash Creditor because the said cash was made Debitor for the mony of one thousand pounds For commodities bought and money paied for ●hem as you see before and now being made eight hundreth and seuentie pounds Creditor there is but one hundreth and thirtie pounds more remaining in cash the rest is in commodities For money receiued and a debtor partly discharged By this time B.M. the Mercer who oweth three hundreth pounds payeth a hundreth pounds of it now Cash is made Debitor for that one hundreth pounds and B.M. is made Creditor for the same so he oweth now but two hundreth pounds and there is now in Cash two hundreth and thirtie pounds Substantiall wealth The three existant parcells by themselues for the Lands Lease and the Plate and Houshold stuffe remaine still in the bookes vntouched The Merchant beginneth to ship his commodities and sendeth his hundreth white clothes for Hamborough to a Factor or his seruant and payeth the kings Custome and all charges concerning the same and now he frameth an account of those clothes intituling the same voyage to Hamborough Accounts for voy●ges for Hamborough or clothes sent to Hamborough do owe vnto the Magazin one thousand and two hundreth pounds for one hundreth white clothes sent for my account to such a man in such ships c. Money paied for Custome and charges Then he doth charge this account of clothes with the Custome and charges he paied Clothes sent to Hamborough do owe vnto Cash sixtie pounds for Custome and charges paied for the same as in the Memoriall Booke appeareth For Seuill in Spaine he sendeth the hundreth peeces of Perpetuanoes which he bought Voyage for Spaine and fiftie peeces of Bayes and twentie fother of Lead which did cost him 670 ll and the Charges Custome and Impositions are fiftie pounds in toto For Lixborne in Portugall he sendeth two hundreth peeces of Deuonshire Kersies Voyage for Portugall and twentie Redding
their bodies vntill the day of Iudgement For albeit the Spirit of man is rightly termed to bee the Facultie of the Soule The Facultie of the Soule is the Spirit of man yet the parts of the Soule concerning Vnderstanding and Will haue their proper relation for that part called Vnderstanding is seated chiefly in the Soule as Will is in the Spirit both to be accompanied with Knowledge The Phylosophers haue made this distinction by their Chimicall obseruation and such as place the Soule in the bloud dispersed through all the veynes of the bodie do also place the Will of man in the spirit residing in the heart of man which the Anatomists demonstrateth to be a little concauitie where the drops of the vitall bloud are placed in the heart which are feared vp and the place is shrunke in bodies which haue been poisoned To make application of this comparison betweene the Soule and Spirit Application of the comparison we shall find by the following discourse that euen as the Spirit of man is predominant ouer the Soule and Bodie in all the actions thereof which by the bloud are quickned and preserued euen so is the Exchange for moneys by Bills of Exchanges ouerruling the course of commodities and moneys in all places where the action of money is felt or seene directing the same by some due proportions accordingly CHAP. I. Of the Beginning of the Exchange for Moneys by Bills of Exchanges THE Exchange for moneys is of great antiquitie for as we haue declared the first Siluer moneys coyned by the Romanes is almost 1900 yeares since And euen as money was inuented to bee made of the best mettalls to auoid the troublesome carriage of commodities vp and downe and from one countrey into another So vpon the like consideration when other nations imitating the Romanes did coyne moneys The cause of the Exchanges Exchange by Bills for moneys was deuised to auoid both the danger and aduenture of moneys and the troublesome carriage thereof This money now being made by diuers Nations of seuerall standards and diuers stamps and inscriptions as a Marke of Soueraigntie caused them to appoint a certaine Exchange for the permutation of the seuerall sorts of coynes in diuers countreys without any transportation of the coyne but giuing Par pro Pari or value for value with a certaine allowance to accomodate the Merchant and the officers to execute the same were called Numularij Argentarij and Collybistae that is to say Numularij of Nummus or the coyne it selfe Argentarij because the Siluer coyne was most vsuall in the course of trafficke and Collybistae because it signifieth a reward for Exchanging Here now let vs obserue foure manner of Exchanges which haue beene vsed and in some countreys are yet continued albeit some of them are abrogated in England commonly called Cambio Commune Cambio Reall Cambio Sicco and Cambio Fictitio which denomination may be admitted The first manner of Exchange called Cambio Commune I Cambio Commune is properly that Exchange which the said Collibistae or common Exchangers did vse by the authoritie of Princes and Common-weales for the lawfull and currant moneys of their Kingdomes and Territories which was found to be verie expedient and necessarie and was established to preuent the exportation of money from one countrie into another countrie and these Exchangers did deliuer in all countries the Money in one specie for the Moneys in other species by them receiued as aforesaid Tables of Exchange Whereupon King Edward the third of England caused certaine Tables to be set vp at Douer and other places of the realme declaring the value of the said sundrie species of coyne of all countries trafficking with his subiects and the allowance which Merchants were to giue to haue their turnes serued as may appeare by the good Lawes made in his time when there was Moneys coyned in diuers places of this Kingdome and not in one mint onely within the Tower of London And this was long before the discouerie of the West-Indies from whence the ocean of Money did run into Christendome And for the gouernment of the said Tables all was at the direction of the Master of the Kings Mint at London and with a correspondence of other Mints namely at Canturburie at Kingston vpon Hull New-castle vpon Tine Bristoll and Exceter And the Exchanger for the King at London did also depute Exchangers in the most places except that certaine Merchants of Florence called Friscobaldi were the Kings Exchangers at Kingston Friscobaldi the Exchangers New-castle and Exceter who made the said Exchanges of value for value with a reasonable allowance and by their meanes were all the said Mints set on worke and the transportation of our Moneys was preuented for as Bishop Tursids booke of Arithmeticke declareth by giuing par pro pari or value for value there was no gaine left to the transporter The Kings of England did constitute these Exchangers Kings Exchangers euen as the Cambiadores and Banquers are vsed in other countries being authorised by the King or Prince of the said countries especially King Edward the first of England who had two Exchangers the one called Custos Cambij infra Turrim who had the charge in buying of bullion and to looke to the coynage of Money within the realme now called the Warden of the Mint the other was called Keeper of the exchange and rechange within or towards this realme for Moneys to be paied in specie by Bills of Exchanges beyond the seas And afterwards the said Exchanges were made without naming the species but according to the value of the seuerall coynes 2 Cambio Reall and this was called Cambium Regis or Royall Exchange which caused Queene Elizabeth to name the Burse in London accordingly This office appeareth to haue been in the eleuenth yere of the said King Edw. by an Act of Parliament made at Acton Burnel since which time the succeeding Kings and Queenes haue continued the same by sixteene seuerall Letters Patents And whereas it seemed that the said two Exchangers could not execute their offices conueniently being asunder it fell out that in Henrie the sixth his time a Law was made by which both offices were put into one mans hand and so continued many yeares vntill the time of King Henrie the eight Exchanges discontinued when he caused base Moneys to be made at the seige of Bulloigne whereupon no certaine Exchange could be grounded albeit that before that time in the two and twentieth yeare of his raigne he caused a Proclamation to be made according to an old Statute made in the time of King Richard the second The Chronicle of Graston That no person should make any Exchanges contrarie to the said meaning or Act of Parliament vpon paine to be taken to be the Kings mortall enemie and to forfeit all that he might forfeit For in his noble fathers time King Henrie the seuenth the Bankers had inuented a course of
merchandising by Bills of Exchanges and especially two other Exchanges which they named Cambio sicco and Cambio fictitio 3 Cambio sicco This Cambio sicco alias called drie Exchange is in this manner A Merchant hath occasion to vse Verbi gratia one hundreth pounds which they will deliuer him in London to be paied vnto their Factor at Stoad but hauing there no Factor of his owne the said Merchant is contented to make his Bill of Exchange vpon the Bankers Factor payable to him the said Factor with order and aduice that when the said Bill shall be due he shall charge him by Exchange againe and take vp the Money there and hee will pay the same with the rechange and charges of Factoridge and Brokeridge wherein they will be sure to make him pay verie great vse or interest of fifteene or twentie in the hundreth for the taking vp of this Money and to make it more drier Exchange they will be contented to take no Bill at all but the Merchants promise to pay it as other men doe at the same time dealing in Exchange for the said place of Stoad and in like maner for other places 4 Cambio fictitio Cambio fictitio is yet more pernitious and performed in this manner A Merchant to keepe his credit being driuen to buy goods for a shift when Money is not to be had and he will not be beholden vnto others comming vnto them as hauing store of commodities at all times they faine that they haue need of Money and must sell their commodities for readie Money Prouided alwaies say they with louing protestations we will pleasure you thus far looke what the goods come vnto we will take it vp for you by Exchange for Venice Lyons or some other place so as you will pay vs for Exchange Rechange or any other incident charges wherunto the merchant agreeing then shall he be sure to pay soundly for the vse of the Money and loose exceedingly vpon the wares These two biting manner of Exchanges being discouered were by an Act of Parliament prohibited in the third and fourth yeare of King Henrie the seuenth afterwards as is noted the Exchange being discontinued in the time of King Henrie the eight it happened that the former abuses came to bee rife againe in the raigne of King Edward the sixth Exchange was forbidden which caused the vse of Exchange to bee vtterly forbidden for a short time But as Ships cannot saile without water no more can trafficke subsist without Exchange in the accustomed places so that the inconueniences appearing it was restored againe in hope of good dealing and reformation promised by other Princes concerning the Royall Exchange But in the time of Queene Marie it was againe neglected who being married with King Philip the second of Spaine did conniue in those things because the dominion of the Low-countreys were esteemed to be vnder one degree In the beginning of the raigne of Queene Elizabeth Complaints of Exchanges new complaint were made of the new Exchanges by Master Hussey Courtmaster of the Companie of Merchants Aduenturers but no man could apply or find a remedie to moderate the inequalitie of Exchanges and to haue value for value as appeareth by Letters Pattents graunted to the old Lord Treasurer Burghley who did not execute the same in three and twentie yeares after for want of true direction to the great losse of the Realme as may bee seene by a Commission in Blanke returned by diuers Merchants albeit the Italian Merchants in those daies could not denie the abuses thereof being expostulated withall as by their politicke Letters appeareth vnder the hand of Acerbo Velutelli Suigo Caualcanti and others who wanted not some vpholders to maintaine their priuate benefit * ⁎ * CHAP. II. Of the true calculation of Moneys in exchange by Bills of Exchanges according to Par pro pari The true ground of Exchanges THe true royall Exchange for Moneys by Bills of Exchanges is grounded vpon the weight finenesse and valuation of the Money of each countrie according to the Par which is value for value and so is our Exchange of England grounded vpon the weight and finenesse of our Monies aforesaid and the weight and finenesse of the Moneys of each other countrie according to their seuerall standards proportionable in their valuation which being truely and iustly made maketh the price of Exchange for euerie place according to the denomination of the Money wherupon all Exchanges are made These Exchanges do much differ in the name and proportion between the gold and siluer obserued in most countries so that we are to examine and compare our weight aforesaid with the weight of other countries and the finesse of the sterling standard with the finesse of the seuerall standards of the coynes of other countries and if we differ not with them in the proportion betweene the gold and siluer The maner to calculate Exchange then may our Exchanges run at one price both for gold and siluer taking the denomination according to the valuation of Monies of each countries and hereby shall we find how much fine siluer or gold our pound sterling containeth what quantitie of other Monies of Germanie Italie France the Low-countries Eastland and elsewhere we are to haue in Exchange to counteruaile the same in the like weight and finenesse answerable vnto ours be it by the Pound Doller Ducat Crowne Imaginarie and reall coyne or any other imaginarie or reall coyne giuing alwaies value for value and receiuing the like which is called Par. But this course of Exchange being of late yeares abused and as it were made a merchandise Par of Exchange doth ouerrule the course of Commodities and Moneys by rising and falling in price according to plentie and scarcitie of Money and in regard of discrepaunce and distance of time and place which made some Merchants by mistaking to compare the course of Commodities and Exchange to be a like as if the measure of a thing and the thing measured thereby were alone For euen as money is Publica Mensura or the publike measures within the Realme betweene man and man Exchange the the publike measure of nations c. so is Exchange for moneys the publike measure betweene vs and forraine countries for all commodities bought and sold which therefore requireth a certaintie in the calculation of the Par aforesaid admitting neuerthelesse an aduantage aboue the same vpon occasions on either side This Exchange is properly made by Bills The manner of the Royall Exchange when money is deliuered simply here in England and Bills receiued for the same to haue the payment thereof in some other countrey beyond the Seas or when the like is done beyond the Seas and the money is receiued here in England and that vpon a certaine price agreed vpon between partie and partie which is termed the price of Exchange whereof Merchants haue the onely and whole disposing and buy and sell
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann● 1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
in but onely the bringing in of more commodities into the Realme than they carried out The vnderualuation of our moneys causeth no more commodities to be brought into the Realme than is carried out The maintenance of Free Trade Ergo The vnderualuation of our moneys causeth not more money to be carried out of the Realme than is brought in as is declared in our last Treatise to hinder the inhauncing of our moneys which by the Treatise of free Trade lately published was insisted vpon We do also find that in the yeare 1577 Monsieur Garrault one of the French Kings Councell did exhibit two Paradoxes concerning moneys which may in regard of the former seeme more paradoxicall or strange nor only to the vulgar opinion but also to the iudgement of the wiser The first is an assertion That moneys haue not changed their values The other That by the inhancing of the coine or the price of moneys To other Paradoxes the price of commodities becommeth abated and good cheape and that by the reduction and abatement of moneys euerie thing becommeth deerer And for as much saieth he that the matter of money is full of probleames and may be disputed on both parts his desire is that some gentle spirit might be stirred vp to discourse of the reasons which may be alledged Touching the first That the value of moneys is not changed omitting to speake of the Cicle of the Hebrews the Staters of the Persians and Greeks the As or Denier of the Romans he saieth That K. Lewis 11 did reduce the disorder of moneys vnto their former estate of K. saint Lewis when the Denier of gold was esteemed in weight vnto 12 deniers of siluer which is properly to be called the proportion between the gold siluer heretofore noted and hereupon he sheweth how the said proportion hath bin altered yet so that the siluer was alwaies made correspondent to the gold and when the gold either in the marke weight of 8 ounces was inhanced consequently in the peeces or coines the siluer was likewise inhanced proportionably obseruing the said 12 to 1 or sometimes thereabouts either a little ouer or vnder and this caused him to say That moneys had not changed their values it being only a comparison made betweene the gold siluer which is by weight and not by valuation to be applied vnto euery peece of coyne especially to the French crowne of the flouredeluce or sunne and the piece of siluer called Douzaine alluding to the said 11 to 1 and the application thereof vnto the price of commodities is more absurd The weight of 12 of siluer to 1 of gold maketh not the valuation of the mark weight of gold and siluer much lesse the valuation of the pieces coyned of the said marke whereby we see how one distinction is able to dispell and disperse the foggie mysteries of deceitfull fallacies as th● Sunne driues away the winde and the clouds heretofore by me obserued Concerning the second Paradox he saith That many are of opinion that the inhancing and augmentation of the price of moneys engendreth a deerenes of all things quia su● praeciarerum And that euen as pro imminutione quae in aestimatione solidi forte tractatur omnium quoque praecia rerum decrescere oportet pari ratione si quod tractatur incrementum quoque praecia rerum crescere debent Which opinion saieth he is grounded vpon the polliticke rule That the value of moneys giueth estimation vnto all things which is not ordinarily obserued for Princes and Magistrates are manie times constrained to endure the incommodities of the time by their prudence and vnderstanding so that all lawes are not obserued by consequence following each other whereby it commeth to passe that the price of wares followeth not the price of moneys but the common custome for money was made to no other end but to maintaine and continue the trade of merchandise by meanes whereof the commodities and necessaries are brought from one place to another to auoid the ancient painefull and troublesome permutation which trafficke is two-fold namely within the realme and in forreine countries within the realme the money is more commodious than necessarie but for the straunger most necessarie and therefore must be of a fine substance as Gold and Siluer to bee inclosed in a small roome to transport great matters from one place vnto another And if wee will meerely consider of this substance and effect of strange negotiation wee shall finde nothing but a masked permutation of one thing for some certaine quantitie or weight of Gold or Siluer for hee that trafficketh in forreine countries hath not such regard to the value imposed vpon money as to the intrinsique goodnes which giueth the value A good obseruation to be had by Mer-chants and hath the same function in other places according to which inward goodnesse hee setteth a price vnto his commodities to make thereof the like quantitie of Gold or Siluer as he hath laied out ouer and aboue his charges and profit so that the moneys remaining stable and firme the price of Wares and Merchandises remaineth certaine without any augmentation to shew that there is no inhauncing of the price because of the augmentation of the price of moneys which will make vs hereafter to see the good cheapenesse of all things as he saieth for he that causeth some forreine commodities to come within the realme knowing the alteration of the price of moneys according to the vnbridled will of the people will make the price of his commodities accordingly And this the said Monsieur Garrault doth declare by examples of veluets and other commodities and therefore he is of opinion that moneys inhaunced should be reduced againe to their price and that all debts made before that time should be satisfied à lequipollent according to the rate vt pecuniarum vna ●adem sit semper potestas perpetua estimatione difficultatibus permutationum aequalitate quantitatis subueniat c. The power of money transferred to the Exchange of money Many other reasons concurring with the former are by him alledged which I omit because the whole foundation of the said Paradox is meerely an abuse of the people as himselfe hath noted admitting also the transportation of money and finally confessing the inhancing of the price of moneys and consequently the sale of commodities accordingly All which is farre from the present course of trafficke when the course of exchange is not considered withall as shall be declared True it is as the Ciuilians say concerning contracts of commodities sold before the inhauncing of moneys that valor monetae considerandus inspiciendus est à tempore contractus non antem à tempore solutionis but this not being obserued was the cause that many Merchants do agree to pay for commodities in currant money for merchandise others that sell commodities agree to be paied in species of so many ducats dollers French crowns or other
Coelo the rather for that so many good Acts of Parlement haue beene made long since concerning the same when the Staple of our commodities did flourish both here and beyond the Seas in the time of King Edward the third The maintenance of ●ree Trade Anno 1622. And hauing of late published tenne causes of the decay of Trade it may be thought conuenient to examine the same vpon the said points 1 The vnderualuation of our moneys by Bills of Exchanges and the ouerualuation consequently of forraine coyne vnto vs which is the Efficient Cause of the want of money in England 2 Vsurie Politike practised by many and abandoning Trade 3 The litigious suits in Law to the hindrance of Trade 4 The neglect of the fishing Trade preoccupied by other Nations 5 The endraping of Wooll in other countreys of late much increased 6 The policies of Merchants of seuerall Societies 7 The false making of Cloth and other manufactures 8 The exportation of the materialls of Woolls Woolfels c. 9 The warres of Christendome Pirats and Bankerupts 10 The immoderate vse of forraine commodities within the Realme But before we come to this examination The beginning of the Staple let vs obserue the beginning of the Staple and their priuiledges in the gouernement thereof The most ancient foundation of Merchants and merchandising in this Kingdome both for Trade and Gouernement had by continuance of time before King Henrie the third did obtaine the name of Staple the commodities of the Realme as Woolls Leather Woolfells fells Lead Tinne Butter Cheese Clothes and other commodities were called Staple Merchandise The Ports from whence the said commodities were to bee transported were called Staple Ports as London Westminster Hull Boyston Bristoll Southampton New Castle and other places The places of residence of these Merchants both within this land and beyond the seas were called the Staples the Lawes and Ordinances made by the said Merchants were called Staple Lawes vnder their gouernement consisting of a Maior two Constables and other Officers hath the trade of this Kingdome time out of mind flourished to the great inriching of the Kings and Kingdomes and it hath beene supported and assisted by the wisedome of the State in all ages as may appeare by the seuerall Acts of Parlement made for that purpose in the times of Henrie the third Edward the third Richard the second Henrie the fourth Henrie the fifth Henrie the sixth and King Henrie the seuenth So that comprehending the Merchants aduenturers Societie with them which began in the said time of King Henrie the seuenth it is aboue foure hundreth yeares standing that the said Societie hath beene as we haue noted For by the prouidence of all those Princes the Staple Trade was from time to time established and especially by King Edward the third in whose raigne a great number of memorable Lawes were made for the purpose appointing the said officers and their fees to preuent extortion and all the Kings subiects that would bring their goods to the Staple and trade The ancient free Trade according to the Lawes and Ordinances thereof were admitted to be Merchants such was the free trade of this kingdome in those daies wherein the subiects of all sorts vpon all occasions might freely participate vnder gouernment At these Staples were the Kings Customes duely collected and by the officers of the Staple at two seuerall times paied into the Kings Exchequer and by their gouernment were many inconueniencies preuented whereby the former causes of the decay of trade were either moderated or reformed namely 1 The moneys of the Realme were required to bee answered in true exchange according to their intrinsike value and their Doller or other forraine coyne was by the Maior and Constables valued accordingly for there was no merchandising exchange vsed neither were Bankers knowne and when there wanted money in the kingdome or was like to want order was taken by them to import Bullion either the 1 ● or 1 ● part of the value of commodities exported The debts betweene Merchants were transferred or set ouer by bills to bee registred before the Maior or Constable which was currant without the strict proceedings of our Common Law And the like may be done now by a Register authorised by his Maiesties letters Parents 2 In those dayes vsurie was accounted to bee an abominable thing for it was not vsed by any course politike but seeing it is now so generall in all countreys the best remedie to abate the same in price is to procure plentie of money within the Realme by the meanes before mentioned which will bee more effectuall of course than any law that will be deuised for the moderation thereof 3 To auoide the litigious suits in law the said Maior and Constables of the Staple had authoritie to determine them with all expedition and if it were vpon a difference betweene a Stapler and a Merchant stranger there were two Merchants strangers admitted and ioyned with the Maior or Constables to determine the same and that with a present execution without delay especially vpon a Statute Staple acknowledged before the Maior or Constable as aforesaid 4 The fishing Trade was not preoccupied by forrain nations as it hath beene within these hundreth yeares as hath beene noted albeit such Ships as were permitted to fish in the Kings Seas and dominions payed six pence for euerie tunne burthen which is now eighteen pence and this trade might be established with vs notwithstanding that the seuerall Societies of the Merchants Aduenturers Russia and Eastland Merchants are of opinion that England cannot maintaine the same and the cloth Trade together as they haue certified 5 The indraping of wooll or making of cloth being of late much increased beyond the Seas and lesse cloth made with vs may giue the better meanes to establish the fishing Trade as aforesaid 6 The pollicies of Merchants of seuerall countries is to bee met withall as the Staplers did in times past looking to the sales both of woolls and all other Staple commodities and the prices of forraine commodities to preuent the ouerballancing in price of the said forraine wares with our natiue commodities 7 To preuent the false making of cloth let vs obserue that at these Staples Merchants goods were alwaies diligently and carefully viewed and subscribed by the Correctors and other Officers of the Staple to the end that all goods exported might bee answerable in goodnesse to their expectation vpon the view required whereby this Staple Trade continued without any interruption for they were the sole Merchants of the Realme without competitors vntill the time of King Henrie the fourth at which time certaine Mariners and Mercers of London vsing to barter English clothes in Holland Zealand Brabant and other places had by the said King Henry the fourth a gouernour set ouer them onely to bee a iudge to heare and decide their controuersies and to punish their misdemeanors with license that they might congregate themselues for that
purpose as by the graunt appeareth This licence they in short time peruerted to the great disturbance of the ancient course of the Staple whereby the trade of the Realme greatly declined and the Kings Customes decreased so that from 160 thousand pounds yearely payed out of the Staple the Customes came short of 120 thousand pounds The Fraternitie of Saint Thomas of Becket These new Merchants terming themselues The fraternitie of Saint Thomas of Becket were by Act of Parlement and by direction vnder the Great Scale of England in the time of King Henrie the sixth prohibited from doing any act that might preiudice the Staple and so it continued vntill the two and twentieth yeare of King Henrie the seuenth and then there was another great complaint in Parlement against the said fraternitie for decaying of trade and a verie strict law made against them with especiall order that they should admit any of the Kings liege people into their socitie paying vnto them ten markes which vnder pretence of some priuiledges hath beene interrupted and especially by his Maiesties Proclamation in the fifteenth yeare of his Highnesse happie raigne by reason of the controuersie for the dressing and dying of cloth neuerthelesse in all their graunts exception is made That the Staplers should not be preiudiced which in the wisedome of a Parlement will be found most necessarie to be vnited againe to make a free trade vnder gouernment 8 The exportation of the materialls for cloth as woolls Fullers earth woolfells and woodashes is prohibited lately by his Maiesties Proclamation with good orders for the execution thereof according as heeretofore was done by the Correctors of the Staple for other commodities 9 Touching the warres of Christendome let vs obserue that King Edward the third had also great wars in his times with France and in Ireland and neuerthelesse he did receiue a verie great assistance by subsidies of fiftie shillings vpon euerie sacke of wooll exported for and during the time of sixe yeares which amounted to 1500 hundreth thousand pounds when one ounce of siluer was valued but at twentie pence which would now amount to foure millions and a halfe 10 And lastly the immoderate vse of forraine commodities was by the Maior and Constables of the Staple had in consideration for they had alwaies an especiall care to the inriching of the Kingdome because the prouident care of the King did put them in mind thereof insomuch that when the said King became forgetfull therein by reason of the warres and that the Kingdome wanted chaffer wares and necessarie prouisions the Parlement did absolutely deny to giue him any subsidie as appeareth by the Chronicle of Grafton in the one and fiftieth yeare of his raigne so that by the premisses things haue bin in some measure considered of when least disorder in trade appeared A Conclusion to the iudicious Reader THe triuiall vice of Enuie is said to be the mother of wickednesse and accounted to sit in an im●ginarie Theater Her Pallace is a dim and hollow vault wherin she waxeth pale and wan as hauing the consumption of the liuer looking a squint as borne vnder Saturne neuer resting as though shee were an arme of Ix●ns wheele engendred and hatched by the vgly Megara of Hell that feeds and crams her gorge with Dragons and fomes out againe deadly poyson This v●ce hath sent forth triple headed Cerberus vnder the shadow of Zoilus Momus and Mastix Three enuious Satyies to performe her intended tragedie but Zoylus remembring that his railing Commentaries presented by him to Ptolome king of Aegypt and his presumption to bee better learned than Homer did worke his ouerthrow goeth by with silence and shaking his head seemeth to be discontented and vnder hand he doth instigate Momus and Mastix to follow their enuious humors wherupon Momus with his carping eyes dimmed with passion hauing cursorily read ouer this booke taketh vpon him to be a great Pollitician or Statist and findeth fault that many things therein contained which he termeth Mysteries should be published and made knowne especially such as may concerne Princes in their reuenues or secrets of their mints Vnto him therefore I frame this answere confessing and auoiding that true it is That the ancient Monarchies Empires and Common-weales held the knowledge of their reuenues in such reuerence and secret that none but the officers which had the managing thereof were made priuie of them as being sacred things not fitting that the people should take notice thereof which was truely obserued in the Romane Empire and Common-weales of the Grecians But as times produce varietie and the maners of men do change breeding corruption of lawes and customes so was it found that by this secrecie officers were both emboldned and enabled to deceiue the Princes thereby and the people would pretend ignorance to gi●e vnto them their dues whereupon the Senators of Rome by mature deliberation did ordaine that from that time forward the reuenues of their treasure and the dependances thereupon should be published and made knowne not only vnto the people but vnto strangers also which the Emperor Iustinian caused to beobserued and other Emperors succeeding him as appeareth by the Code and other Bookes which the French Kings haue imitated euer since willing and commaunding that these things should be knowne of euerie one yea euen of the meere strangers of other countries so that this obiection is of small moment especially this booke being moderate in the handling thereof Now Mastix riding a false gallop on a hackney horse being full fraighted of conceits commeth to towne and maketh two exceptions to the methode and contents of the booke first he will not allow the termes of Art by diuiding of the same according to the three essentiall parts of Trafficke next he will not haue Merchants secrets laied open or their trades divulged To the first concerning the being essence or existance of things he will make no difference betweene naturall things and things artificiall and so there is but two essentiall parts of Materia forma albeit that some Philosophers haue established three beginnings of naturall things Matter Forme and Depriuation The Matter hath no other office or function but the changing from one Forme into another Depriuation giuing an inclination thereunto for Depriuation is an imperfection so conioyned to the Matter that without her if she were seperated nothing would be ingendered and therefore in Heauen there is no Depriuation and consequently no generation ne corruption The Forme therefore giueth perfection to the thing and being also and without her the Matter is more imperfect than the eye is without the facultie of seeing or the eares without hearing But in artificialls the being hath her parts as Trafficke hath three namely Commodities Money and Exchange so other things may consist of more being or simples wherein the termes of Art are not excluded neither can they auoid Mastix his enuie To the second the whole contents of this Booke manifesteth to all judicious Merchants how necessarie the knowledge is of the matter therein contained to maintaine Equitie and Iustice by the Law of Nations and that there is no particular secret of any Merchants trade reuealed to the preiudice of any man or nation in so much that they are much pleased with it as being desirous to aduance the good and to banish the euill obseruing that vertue maketh a stranger grow naturall in a strange countrie and the vicious becommeth a meere stranger in his owne natiue soile Let vertue therefore enioy her freedome and possesse her priuiledges by the right of Law and all the people shal flourish with equitie Iustice shall maintaine Peace Peace shall procure Securitie Securitie shall nourish Wealth and Wealth Felicitie No man is to be dismayed at his small tallent or to grudge at anothers greater prosperitie for without doubt Nature hath by her secret motion denied none some perfect qualitie to supplie that want which in himselfe breeds discontent or mislike for euen as the fish hauing no eares hath a most cleere sight so though want of dignitie be a disgrace to some though want of coyne discontent diuers and though lacke of wealth impaires the credit of many yet nature hath supplied that outward ornament with such an internall reward as a loyall and louing heart notwithstanding many hard measures will with constancie spend all his time for the good of the common-wealth being thereunto imployed This worke thus at length happily concluded and commended to the kind acceptation of all gentle and well disposed minds is not compiled to please the vaine appetite of some men according to their nice opinion but is referred to the judiciall and affable judgements of this age to whom I shall during the remainder of my daies alwaies be readie to supplie any thing which in the next impression may be desired not doubting but they will measure it by the iust desert and censure thereof as their owne kind natures haue euer beene accustomed Soli Deo gloria FINIS