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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	day_n	rest_n	sabbath_n	1,873	5	10.2726	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

Vie●ius generalis Dei in Terris D. C. L. V. V. IIIIII which is the number of a man speaking of Antichrist in the dayes of the Emperour Domitian the tenth persecutor of the Christians and the twelfth Romane Emperour when the Latine tongue was most frequent although he did write in Greeke which number was 666 by significant letters Now as one is no Number but vnitas so there is but one God one World one Sunne one King of Bees Vnitas and leader amongst Cattell Number Two is the first ofspring of vnitie not composed but in societie vnited called the Number of Iustice wherin many things are obseruable The Two Tables of the Law Duclitas Two Cherubins vpon the Arke of Moses Two Testaments Two great Lights Two Natures in Christ Two Solstices Two Equinoctialls Two Poles and many other things The Number Three is called Holy and Tria sunt omnia Trias as the Philosopher faith which diuers also doe acknowledge to be of great efficacie in all things whereof Pithagoras Virgil Plini● Aristosle Trimegistus and others haue written copiously the glory of all belonging to the three persons in the God-head with the vertues of Faith Hope and Charitie 4. Quiuarias In the figure of Foure many things are to bee noted as the Foure Elements the Foure originall Windes the Foure Seasons of the yeare c. So of the Number Fiue being the Medium of Tenne which in Number figuratiue climeth no higher without doubling in Letters or Figures hauing this propertie D●narius that take nine from tenne there remaineth one take eight there remaineth two take seuen there remaineth three and sixe remaineth foure All which remainders added together make againe the Number Tenne whereof the Number Fiue is equidistant To speake of the fiue Senses fiue fingers and toes fiue sorts of creatures and other dependences would be tedious The Number Six is not void of the like applications but no number more vsed in holy Scripture as perfect and compleate than the Number Seuen Numerus mag●a persectionis virtutis called Sacred because God rested the Seuenth day and did blesse and hallow the same It was orda●ned in the Law that amongst the people of God euery Seuenth yeare should be held holy wherein the land should rest from labour and that libertie should be giuen vnto seruants and bee called a yeare of Rest vnto the Lord. And by the like reasons it was instit●ted Sabbathecall yeares that the Israelites should number vnto them seuen Sabbaths of yeares containing 49 yeares and immediatly in the beginning of the 50 yeare following Iubilee yeare the trumpet of a Iubilee should be blowne the 10 day of the Seuenth Month. The sacrifices for the most part were offered by Seuens the great feasts of Gods people lasted Seuen daies and they did eat Seuen dayes vnleauenned bread at the Passeouer Seuen weekes were reckoned betweene the Passeouer and Pentecost and most of the feasts were in the seuenth Moneth In a figure also did the Arke of Noah which was a figure of Christ rest vpon the Mountaines of Ararat in the seuenth Moneth likewise it is said Wisedome hath builded her house with seuen Pillars vnderstanding the Church with the gifts of the Spirit which are figured by Seuen burning Lamps and by Seuen grauen Candlestickes The Stone mentioned by Zachary which is Christ hath Seuen watching eyes of God and the Number Seuen so often vsed in the Reuelation of Iohn To say nothing of the Seuen Planets running their courses and amongst the fixed Starres the Seuen called Pleiades and other Seuen Hyades and the two Polar Images called Vrsa Maior vrsa Minor containe each seuen Starres and many other obseruations of the said Number Seuen may be noted Some obseruations there are of the Numbers Eight and Nine And for the Number Tenne notice is taken of the Tenne Commandements Tenne Curtaines in the Temple of Salomon Tenne Strings vpon the Harpe Tenne Musicall Instruments and diuers other particulars The Number Twelue hath very great vse and concordance in the Scripture the 12 Tribes of Israel whereof 12 Stones were placed in the Riuer Iordan and so many precious Stones vpon the brest-plate of Aaron so many Loaues offered so many Altars builded and so many Lions vnder the brazen Seas so many fountaines in Helim so many men sent into the land of Promise hereunto allude the Twelue Apostles Twelue thousand Nations marked Twelue Stars to crowne the Queene of Heauen Twelue Baskets of bread gathered Twelue Angels and so many gates and stones of the heauenly Ierusalem omitting to speak of the Twelue Signes of the Zodiake and many other particularities touching the coherence of this number Let vs note Indians account of Time and Number that some Indians and Heathen people at Guiana haue no diuision or account of Times and Number they onely reckon by the moones as one two three foure or fiue moneths or by dayes in like manner their numbers they reckon thus one two three and so to ten then ten and one ten and two and so forth And to shew their meaning more certainely they will demonstrate the same by their fingers still making signes as they speake and when they will reckon twentie they will hold downe both their hands to their feet shewing all their fingers and toes and as the number is greater so will they double the signe And when they appoint or promise any thing at a limited time they will deliuer a little bundle of stickes equall to the number of daies or moones that they appoint and will themselues keepe another bundle of the like number and to obserue their appointed time they will euerie day or moone take away a sticke and when they haue taken away all then they know that the time of their appointment is come and will accordingly performe their promise which may be a president to many Christians Thus much may suffice to haue noted concerning Number and the coherence thereof with Time Now whereas God by his diuine prouidence hath made all things subiect to Number Weight and Measure let vs in the next place intreat of weight and measures CHAP. IIII. Of WEIGHTS and MEASVRES vsed in all places of the world with other obseruations HAuing intreated of Time and Number The manner of Weights wherein and wherewith God doth gouerne all things according to his determinate will and pleasure Now in order let vs handle the description of Weights and Measures whereby all wordly things are disposed of which is most necessarie to be knowne to giue euerie man his owne and to buy and sell by according to which all contracts and agreements betweene man and man in the course of Trafficke and Trade for all commodities are made to distinguish Meum and Tuum by the Law and otherwise according to common consent of all Nations All WEIGHTS are diuided into three sorts FIrst by the great number that is to say by Hundreths

Marriners and owners of Ships 9. The customes subsidies impositions tribute and tolles payed vpon all the commodities imported and exported within the dominions of all Princes 10. The manner of making of Assurances vpon goods ships the persons of men or any other things aduentured by sea or by land and the customes obserued therein betweene nation and nations 11. The keeping of Merchants accounts by Debitor and Creditor and the calculation of the diuersities of money whereby the said bookes of account are kept 12. The authoritie and proceedings of Merchants Courts or Priors and Consuls to decide their differences according to equitie in places where they are kept or any other lawes imperiall or common to some countries whereby Merchants controuersies are determined with the course of attachments and sequestrations or executions and finall determinations by arbitrators or iudiciall decrees in any Chauncery or Court of Equitie All these making the customarie law of Merchants haue neuer beene written by any Ciuilian or Phylosopher The customary Law of Merchants nor for ought I know of any author as is conuenient for Merchants whereupon I haue with Gods assistance resolued to handle the same compendiously and substantially in this booke vpon fiftie yeeres obseruation knowledge and experience And albeit that the sea lawes are comprehended therein whereby the proceedings might seem to be promiscuously handled neuerthelesse the method is followed as neere as the matter could affoord according to the said three Essentiall parts of trafficke or the three Simples of commodities Money and the Exchange of money by Bills of exchanges as hereafter may appeare And this Law of Merchants hitherto obserued in all countries ought in regard of commerce to be esteemed and held in reputation as the Law of twelue Tables was amongst the Romanes For herein you shall find euery thing built vpon the foundations of Reason and Iustice and knowing the foresaid twelue points you shall be able to please your owne minde and giue satisfaction of your sufficiencie to others For the saying is true Melius est Ciuitatem ab optima lege quam ab optimo viro gubernari It is better to gouerne a Citie by a good Law than by a good man And it is better for a man to be ruled by Reason than by his owne Reason to seeke to rule others Finally to giue satisfaction to the learned and judicious I haue abstracted the obseruations of the learned in the Ciuile Lawes vpon all the precedent points and added them vnto the following Chapters distinctly from the Customes of Merchants vsing the ordinary name of Ciuilians in generall without naming any particular Author to auoid ambiguitie and vncertaintie in the Contents of this Booke diuided into three parts according to the said three Essentiall parts of Trafficke CHAP. II. An obseruation concerning TIME ALL men of iudgement and vnderstanding doe know that there is nothing more necessary for the knowledge of Histories and diuers estates of the world than the obseruation of Times without which great obscuritie and errors will be found in the Actions of men aswell in matters of Religion as in ciuile gouernment where Merchants in regard of their Trafficke and Commerce haue the managing and disposing of the wealth of Kingdomes and Common-weales So that it behoueth them to obserue the yeeres moneths weekes Merchants are to obserue Time and dayes and sometimes the houres of their negotiation with the course of the Moone and the ebbing and flowing of waters the variation of windes and alterations of weathers for stormes at the seas and vnseasonable Times on land whereby the haruests doe faile and commodities become to be plentifull or scarce and the prices thereof deere or good cheape with many other considerations incident in the course of buying and selling of commodities and in receiuing and paying of moneys To make a definition of Time will in one respect be verie difficult if we consider that Time is inseperably conioyned with Eternitie But if we obserue the attribute of Time and doe distinguish things orderly we shall easily perceiue what Time is and make vse thereof The attributes of Time Time is the consumer of all things Tempus edax rerum Time is the discouerer of all things Veritas filia Temporis Time is vncertaine and wanteth bounds Tempora mutantur c. Times minutes past no treasure can restore Irrevocabile Tempus Time doth pierce the hardest flint Gutta cavat lapidem non vi sed sepe cadendo Time hath a salue for all extremities and yet begetteth vsurie Times office is to end the hate of foes Times glorie is to calme contending kings Time is a tutor both to good and bad and doth discouer the affections of the mind Time offers still each houre to do amisse Time breedeth griefe and heales when Art doth faile By Time and Wisdome passions are supprest In Time small wedges cleaue the hardest oakes Time is the Anchor both of Trueth and Right Time hath set downe the compasse of his course Times motions do equall the reeling Sunne Time measureth our actions Time is the best gouernour of all our councells Time on the weariest wretch bestoweth rest Both Life and Loue in Time must haue an end Many more attributes may be bestowed vpon Time But we shall find vpon due consideration that Time is but a distinction and measure of all things and betweene all things Concerning the reuolution of Time let vs obserue That euen as God the Author and Conseruer of all things in a comely and decent order The reuolution of Time hath appointed a succession and progresse of Time for accomplishment of the naturall course thereof So hath he appointed certaine Periods and Reuolutions of Time wherein things returne to the same or like estate wherein they were before As we see in the motions of the Heauens and consequently in the seasons of the yere all which are measured by Time The Sunne the Moone and the Starres to haue their particular and distinct reuolutions wherein they accomplish their courses and returne after a limitted and determinate space of Time to the places from which they did depart The Sunne compleating his course and Reuolution in 365 daies and almost sixe houres or a quarter of a day as shal be declared which is that space of Time which wee call the yeare termed Annus qui Annulus Annus quasi Annulus taking the similitude from a Ring which caused the Egyptions to make the figure thereof in their Hierogliphicks like vnto a serpent byting his owne taile The Moone by her Reuolution in the Sphere in 28 daies or thereabouts determinates vnto vs the moneths as the Sunne doth the daies and houres Saturnus the Planet maketh her Reuolution in 30 yeares Iupiter in 12. yeares Mars in two years and Venus and Mercurie in 360 daies or thereabo●ts The fixed starres haue also their peculiar Motions and Reuolutions The knowledge of all which is both pleasing and necessarie vnto judicious Merchants And because Time is

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

eightie aspers euerie asper is ten Macharines At Alexandria in Aegypt they account by ducats There is ducat de Pargo making three ducats of Venice Ducat de Pargo also Italian ducats of thirtie and fiue maids and the Venice ducat is better and maketh fortie maids Marke Scots At Edenborough in Scotland Exchanges are made vpon the marke peece of siluer which is valued in England at 13 ½ pennie being otherwise 13⅓ pennie or thirteene shillings foure pence Scots So one marke and a halfe Scots is twentie shillings Scots and twentie pence sterling is one pound Scottish Pound Scots which is twelue to one The 18 peeces of twentie shillings is by the said Valuation twentie shillings three pence and the Taker vp of the money at London payeth for twelue pence the said marke of 13 ⅓ pence at two or three moneths Time in Scotland as they can agree Pound Irish. At Dublin in Ireland the fifteene shillings sterling is one pound Irish of twentie shillings whereupon Exchanges are made with allowance of sixe pence or eight pence vpon euerie pound payable at London and for want of a Mint no Bullion is imported thither and Exchanges are diuerted into other parts At London all Exchanges are made vpon the pound sterling of twentie shillings and twelue pence to the shilling for Germanie Pound sterling the Low-countreys and other places of trafficke and for France vpon the French Crowne for Italy and Spaine and other places vpon the Ducat or for the Doller and Florin in some places according to the Custome of the place Whereof more particularly is to be obserued in the course of Exchanges CHAP. IIII. Of the Times of Payment of Moneys by Exchange and the Termes of Art vsed therein THE discrepance of Time for the payment of moneys by Exchange hath a regard to the distance of the place or places where the money is to bee payed wherein we may consider three kindes of diuersities called by the Termes of Art in matter of Exchange at Sight Vsance and double Vsance or treble The taking and deliuering money at Sight At Sight bindeth the Taker vp of the moneys to giue his Bill of Exchange directed vpon his friend Factor or Seruant in any place beyond the Seas to pay vpon Sight of it or within three foure or more dayes so much money as hath been taken vp by him after such a rate the Pound Doller Ducat or Crown as is agreed vpon betweene them in forraine coyne either according to the Valuation of monies or currant money for merchandise which is more ordinarie because Merchants will admit sometimes to receiue some coynes at a higher rate than they are valued vpon occasion that some Species are required for transportation or some other vse to make paiments Policie of Estates which tolleration is by authoritie many times suffered to draw moneys vnto their places of jurisdiction Heerein is to be noted That if the Bill be made payable at so many dayes Sight that the number of dayes must bee expressed in the Bill or Bills for commonly there are made three Bills of one Tenor for euerie summe of money taken vp because if one Bill bee lost the other may serue in place The second Time of payment called Vsance At Vsance which is either the Time of one moneth two or three moneths after the date of the Bill of Exchange as heereafter is declared according to the Custome of the places where these Exchanges doe runne according to which Time the partie vpon whom the Bill of Exchange is directed is to pay the same vnlesse there be good cause to the contrarie as shall appeare hereafter Double Vsance and treble Vsance The third Time of paiment called double Vsance is either two or more moneths or alwayes double the Time of the Vsance respecting by Custome the course thereof and many times Exchanges are made vpon the halfe Vsance which is fifteene dayes But considering the wind and other hinderances it is better to limit the dayes after Sight in the Bill of Exchange and to send the same by Sea and Land with a Letter of Aduice which the Taker of money commonly doth deliuer with the Bill of Exchange whereunto the Bill maketh also relation and treble Vsance is accordingly Payments in Faires or Marts There is another Time for the paiment of Exchanges where great payments are made as in Faires or Marts as at Madrill and Medina del Campo by three Ferias in the yeare at Lyons by foure payments yearely and at Frankford twice euerie yeare c. The difference of the times of payment doe alter the price of Exchanges according to the Time commonly after twelue fifteene or twentie in the hundreth by the yeare So betweene the pound sterling Exchanged for the Low-countries at Sight and Vsance is betweene foure and fiue pence and double Vsance and Vsance sixe or seuen pence which ordinarily was accounted to bee but foure pence after 10 pro 100. But for the Faires and Marts it is verie vncertaine because the payments are all at one Time and the neerer the Faires are at hand Consideration in Exchanges the more shall the Taker vp of the money saue by paying lesse interest because he hath not had the vse of the money from the beginning that Exchanges were made for the Faires which in questionable matters is verie considerable Vsance from London to and from Middleborough Amsterdam Antuerpe Bridges and other places in the Low-countreys is one moneths Time from the date of the Bill of Exchange and double Vsance is two moneths Vsance for Hamborough is two moneths and for Venice three moneths Vsance from Antuerp to Rome is two moneths and from Lyons to Rome one moneth Vsance from Antuerp to Venice is two moneths to bee payed in Banke Vsance at Florence is two moneths and from Florence to London three moneths Vsance from Genoa to Rome and Naples is ten dayes Sight and for Palermo and Antuerp is two moneths by ordinarie obseruation and so is Luca From Naples to Antuerp is two monethes and the like for Palermo Vsance for Roan and Paris is one moneth but commonly at three weekes Sight From Antuerp and London to Seuill is two moneths Castile payments are in three Bankes and Ferias de Villalon Medina del Campo and Medina del Rio Sicco but many times prolonged by the King of Spaine Vsance from Lixborne to London and Antuerp is two moneths which Merchants are to know because the Bills of Exchanges doe not declare the same CHAP. V. Of the Nature of Bills of Exchanges THE Nature of a Bill of Exchange is so noble and excelling all other dealings betweene Merchants that the proceedings therein are extraordinarie and singular and not subiect to any prescription by Law or otherwise but meerely subsisting of a reuerend Custome vsed and solemnized concerning the same For the better declaration whereof let vs set downe the forme of a Bill of Exchange from

Exchanges did acknowledge the receit for the Bills were giuen vpon accounts betweene them which were to be made vp and hee was not to cleere their accounts and the partie broken did owe vnto him farre greater summes The parties at London answered the Notarie that they looked to bee payed according to the acceptation of the Bills of Exchanges and for other matters they had nothing to doe therewith Interim the partie at London who had accepted the Bills dyed and so all the Bills returned Protested and the matter rested vndetermined but the opinion of other Merchants and my owne is That the acceptor of the Bills was to pay them and his heires and executors are lyable thereunto vnlesse there were found an apparant combination and practise in it betweene the two Merchants of Antuerp as was by many suspected Thus much concerning the obseruations of Exchanges CHAP. VII Of Notaries Intimations and Protests THE Intimations of Notaries well and orderly made may be called to be true Probation of the Originalls in the Courts of Law and Equitie whereby the better foundation may bee laid in all litigious causes which take their feeling beginning of a wrong done The time of Intimations and Protests whereof Intimations are a manifestation and Protests as being more sensible are meanes of the redresse thereof both these haue a tripartite reference in the course of trafficke to Commodities Money and Exchange of Money by Bills of Exchanges according to which wee are to make our declaration obseruing first and formost that the time to make the said Intimations and Protests must bee obserued both for dayes and houres as hath beene noted for the houres conuenient are when the actions of men are publikely done in the day time neither too early nor too late but as it were at such time as matters are ordinarily heard in judiciall Courts wherein the Sabbath dayes and Holy-dayes are excepted which they are likewise to obserue Commodities to be deliuered by a day For commodities bought or sold to be deliuered at or before such a day it is not sufficient to make Intimation and to tender the commodities before the day but it must also bee done vpon the last day and to take witnesse of it and if the commodities be not of the goodnesse that they ought to be by the contract or bargaine made and neuerthelesse for some causes you doe not hold conuenient to refuse them let there be made a Notariall Instrument or Act concerning the defectiuenesse of the commodities with a protestation of your intention to recouer all your damages and losses sustained or like to be sustained thereby which will be verie auailable vnto you vpon all occasions This is much obserued beyond the Seas especially vpon the ladings of Ships which are to take in the same or else may incurre a further danger vnto the Charter-partie of fraightment And whereas the master of the ship will make a Protest against you if his lading be not readie at the day appointed or agreed vpon so is it reasonable that you make the like Protest against the partie that sold you the commoditie to be deliuered at such a day and if it doe fall out that you haue committed the like fault and thereupon a Protest is made against you and the Notarie will craue your answere to be recorded that thereupon at conuenient time some aduantage may be taken against you the not answering being taken to be discourteous or bruitish the ordinarie answere is Video taceo or I do heare and see which words the Notarie doth insert in his Act Intimation or Protest Moneys payable by Bonds or Specialties If Intimations Protests or Witnesses bee made concerning the receit and payments of moneys vpon Bonds or other euidences limited to a day you are then to obserue the last houre of the day and to tender or to attend for moneys to bee payed or to be receiued vntill Sunne set at the place where the same is to be paied and commonly stay there one houre after Sunne set with witnesses and if the house lodging or place be shut vp make your tender or demaund vpon the threshold of the doore but the money must be told euen and then put vp again into the bags and to take notice and witnesses of it vnder their hand writing of the day and houre when the money was tendred or on the other side when it was demanded But this last is in case when moneys are made paiable vpon reasonable demand Money paiable vpon reasonable demand For albeit that moneys simply acknowledged to bee owing by Bill or Bond without limitation of time for the payment are taken to bee due ipso facto that is as soone as you did vnderwrite the said Bill or Bond yet ciuilitie requireth a kind of Intimation and demaund which is the reason that by the Ciuile Law although a Bill haue a time limited for the payment yet if the same be thirtie yeares old and hath beene neuer demaunded it is void of course and cannot be recouered by that law And Bills made vpon reasonable demaund if they be not demanded in seuen yeares which is accounted for the life of man it is void also for there must be a determinate course in all things or a continuance by way of reuiuer therefore lands holden in quiet possession for the space of sixtie yeares is a perpetuall inheritance by the said Law If moneys payable vpon the forfeiture of a bond Moneys taken which were payable vpon a forfeiture haue beene taken or robbed vpon the high way or otherwise whereby the bond could not be paied vpon the day yet is it necessarie to make Intimation of it at the place where the same was to be paied to auoid all such aduantages as may be taken thereupon vpon the redemption of Lands or Leases Iewels or any other commodities wherein the Courts of Equitie will relieue a man hereupon the sooner for it is a demonstration of a good will and intention preuented by such a mischieuous accident Et si desint vires tamen est laudanda voluntas Concerning Intimations and Protests to be made vpon Bills of Exchanges for the non-acceptation of payment it is to be noted For non-acceptation of Bill of Exchange that the first Protest which is in the nature of Intimation requireth more celeritie than the other and albeit that by custome the partie who is to accept the same hath twentie and foure houres respite to deliberate before he giueth his answere neuerthelesse it is not good to lose any time in the making of the Protest of acceptation For if there be no pregnant cause the Protest may be left in the hands of the Notarie for a while but your diligence cannot be discommended This Protest being made For non-payment of a Bill of Exchange and afterwards the Bill of Exchange becommeth due the Notarie is the fittest man to demaund the payment or to Protest vnlesse the partie vpon whom