Receiuer shall reserue to himselfe so much as the forfeiture commeth vnto and the remainder shall be deliuered to the said Magistrate or Officer 7 The Magistrats in places also where all such moneys are sent at a higher rate than the said Proclamation shal be bound to make good the said inhancing vnto the Receiuer to whom the said moneys were sent yet so that they may redemaund the same of the Magistrate of the place from whence the said coynes were sent who shall also instantly reembourse the same and haue power to recouer it with the forfeitures therunto belonging and hereby ordained against the persons and goods of those who haue sent the same at a higher price 8 All which shall bee obserued also from the one Prouince vnto another or the Counting-houses of the generalitie wherein they shall be ayding and assisting each other to maintaine the said Proclamation accordingly 9 And We do intend that the said forfeitures shall be imposed as well vpon the receiuer as vpon the payer euerie one to the full vnlesse one of the parties did forthwith denounce the same to the Magistrates in which case whether he be the receiuer or payer he shall be quit and free of the said forfeiture and moreouer enioy the one third part of the offendors forfeiture 10 Prohibiting and expressely commanding that no man henceforth shall presume to buy or sell any wares or merchandises or deale for moneys by exchange or interest nor buy new or old rents or otherwise deale and negotiate than according to the said price and valuation of moneys of this Our permission and Ordinance vpon forfeiture of the said summes and moreouer quadruple the value thereof 11 Our intention being That no paiments of Imposts Demesnes or Reuenues of Lands Townes Villages contracts of Merchandises Hires Rents interest or any Debts shall be paied than according to this our valuation to weete euerie Guelder with the one halfe of a Lyon Doller and one pound Flemish with three Lyon Dollers or with other coynes of gold and siluer according to their intrinsicke value as the said Lyon Doller or the great Golden Royall now containeth After which two as being chiefe and standard peeces all the precedent moneys of gold and siluer are valued Standard peeces of the vnited Low Prouinces 1622. without that it shall be lawfull vnto any man to make any lighter paiment than according to the said valuation vpon paine the same to be void and no course of law to be ministred thereupon and moreouer to incurre the penaltie in the next Article mentioned according to which all courts of justice Magistrates of the bench or iudgement seates and all other Iustices are to pronounce their sentences and to make their decrees notwithstanding any trespas which contrarie to Our intention and expectation might be practised or at any time be put in vre cancelling from henceforth all those which are contrary to the same forbidding any execution depositation of moneys or other courses of justice to be done therupon declaring moreouer that all such Iudges as shall haue pronounced the sentences and the said Officers that shall haue assisted therin shall forfeit and incur the penaltie of fiue Netherland golden Royals for euerie person at euerie time 12 And to the end that the stabilitie and certainty of this valuation which we haue taken to heart and in singular commendation and intend further to care for may take the better effect We do ordaine that instantly vpon the publication of this Proclamation whereof mention is made in the latter end all persons being in any office Estates and Officers high and low ciuill or militarie of countries towns members of colledges or particular Lords within the said vnited prouinces shal take their solemne oath for the performance of the said ordinance to cause the same to be maintained and obserued for so much as any maner of waies may concerne their offices command 13 And if any of the said persons should perchaunce be found forgetfull and to haue transgressed the aforesaid points in the paying out or receiuing of coynes not permitted by this Our ordinance likewise of clipped washed cracked mended nayled or otherwise augmented coynes in weight or giuing them in payment at a higher price than this Our ordinance We do order and establish that all the said forfeitures committed and to be committed shall respectiuely be paied double And moreouer if they issue any coynes made bullion or other moneys aboue their values they shall be depriued of their offices vpon the verification of the fact without any pardon to be obtained for the same 14 And the better to bring this ordinance in course We do prohibite all Treasurors Receiuers Rent-gatherers their Deputies or Clarkes and all other persons being in publicke seruice or administration to pay any of the said moneys by assignation or otherwise but to returne the same where they haue beene receiued vpon the forfeitures aforesaid vnlesse it were that the assignement were made vpon publicke Counting-houses or Bankes and not vpon particular persons as Fermers Collectors and the like being likewise bound by the same oath but this is to be done but once by him vpon whom this ordinance falleth out and no further 15 And to discouer the offences which they might do in their payments We do order That instantly when any payments are made they shal indorse vpon the acquittances and discharges of their payments amounting to the summe of one hundred Guilders the seuerall species of gold and siluer wherewith they haue made the said payments and the price according to which they haue paied the same with mention also of the graines which are wanting and payed for to be subscribed by him that hath receiued the same to the end that vpon their accounts notice may be taken thereof vpon forfeiture that the said acquittances or discharges shall not be allowed and whosoeuer doth receiue the said species and not vnderwrite the same shall forfeit the fourth part so by him receiued 16 Commaunding the Auditors respectiuely appointed to take the accounts of the said Accountants to gouerne themselues accordingly and not to allow of any acquittances or discharges than is aforesaid but by the said acquittances to find out the offendors 17 Moreouer the said persons are bound Marking and weighing of forreine sâ—luer that whensoeuer any coynes of gold shall be receiued by them which are too light they shall with a ponchion marke the same and vpon the siluer coyne they shall for euerie farthing or eight graines which the peece is too light put vpon the said peece one graine or round O before they issue the same vpon forfeiture of halfe a Ryder for euerie peece 18 They shall also for those to whom they shall pay any moneys haue in readinesse ballances and weights in their places where they keepe their Banks vpon forfeiture of halfe a Ryder for euerie default to be made therein 19 And all the said countable Officers as well generall
occasions and was not altogether made in the first foundation as the Lawes whereby the Common-weales of Israel whose Lawes were vniformely made by Moses from God or those of Crete Cybaris Sparta Carthage by Minos Charondas Lycurgus and Phalcas Neuerthelesse many Emperours and Kings haue alwaies referred the ending of differences which happen betweene Merchants to be done decided according to the Law-Merchant That is to say according to the Custome of Merchants who by their trauels found the diuersitie of weights and measures and the goodnesse and vse of commodities pleasing to all nations whereby the superfluities of them were vented amongst them Vt quod vspiam nascitur boni id apud omnes affluat This Law of Merchants or Lex Mercatoria in the fundamentals of it Definition of the Law-merchant Deâ—epub is nothing else but as Cicero defineth true and iust Law Recta Ratio naturae congruens diffusa in omnes Constans sempiterna True Law is right Reason agreeable to Nature in all points diffused and spread in all Nations consisting perpetually without abrogation Ius gentium howbeit some doe attribute this definition vnto ius gentium or the Law of Nations which consisteth of Customes Manners and prescriptions of all Nations being of like conditions to all people and obserued by them as a law But the matter being truely examined we shall find it more naturally and properly belongeth to the Law-merchant Euery man knoweth that for Manners and Prescriptions there is great diuersitie amongst all Nations but for the Customes obserued in the course of trafficke and commerce there is that sympathy concordance and agreement which may bee said to bee of like condition to all people diffused and spread by right reason and instinct of nature consisting perpetually And these Customes are properly those obseruations which Merchants maintaine betweene themselues and if these bee separated from the Law of Nations The remainder of the said Law will consist but of few points Prerogatiues of Princes by the Law of Nations Princes and Potentates by their prerogatiues respecting the law of Nations doe permit amongst themselues a free trauelling by land through their seuerall Kingdomes Territories and Dominions vnlesse they bee open enemies They hold likewise a communitie of the seas for Nauigation as also a distinct dominion of the seas adioyning to the territories and iurisdiction of their countries they take Custome Subsidies and all manner of impositions vpon the commodities imported and exported out of their Harbours Hauens and Ports as also duties for the fishing in their Seas Streames and Dominions of all which the Merchant is to take especiall notice to auoid danger in the trafficke and trade with their subiects for non-payment of the same which they claime iure gentium Are not the Sea Lawes establisted to decide the controuersies and differences happening betweene Merchants and Marriners And is it not conuenient for Merchants to know them Considering that Merchants maintaine the Fisher-men and by way of Trade cause the Sea and Land Commodities to bee dispersed euerie where So that the said prerogaties doe also appertaine to the Law-merchant as properly inherent vnto commerce and the obseruation of Merchants being of like condition to all people and nations Concerning manners and prescriptions Manners and prescriptions of the law of Nations wherein the differences is to be noted from the Law-Merchant the same consist in the erecting of Offices creating of Officers and making of Lawes which of themselues make a separation betweene Customes Also the giuing or bestowing of honours and dignities the granting of priuiledges and the doing of any thing which concerneth the Honor Body and goods of any man whereunto all things touching man haue a reference and doe meerely belong to the preheminence of Princes in their places of Soueraigntie And herein let vs obserue the difference betweene Lawes and Customes according to the description of the said worthy author Cicero Differeâ—ce betweene Lawes and Customes A Custome saith hee taketh hir strength by little and little in progresse of Time by a generall Consent or of the most part But the Law commeth forth in a moment and taketh her strength from him that hath power to command Customes doe take place gently but the Law commandeth with a power suddenly True it is that the Law may abolish Customes but Customes cannot derogate from the Law because Magistrates will see them executed at all times Customes haue their strength by sufferance but the Law commandeth by absolute authoritie of a Prince And yet Customes are of no lesse power than a Law and the difference consisteth most in the manner Lex est cui omnes homines decet obedire propter multa varia maxime quia omnis lex est inuentio quaedam donum Dei. All men ought to obey the Lawes which are many and diuers and chiefly because all Lawes are as is it were an inuention and a gift of God So much yea more may bee said of the Custome of Merchants because of their continuance and Antiquitie as aforesaid And for that the said customarie Law of Merchants hath a peculiar prerogatiue aboue all other Customes The Prerogatiue of Merchants Customes aboue all other Customes for that the same is obserued in all places whereas the Customes of one place doe not extend in other places and sometimes they are obserued and sometimes they are neglected But the Customes of Merchants concerning trafficke and commerce are permanent and constant and when they are not truely obserued in some places by some errour or misprision Non est consuetudo sed vsurpatio For such Customes loose their names and are called Vsurpation which is the cause that many times Customes are established for Lawes by him or them that haue power to make Lawes And Customes are the best Interpreters of the Lawes Customes are the best interpreters of Lawes either for suppressing of vice or establishiug of Vertue So that whosoeuer alleadgeth a Custome in his defence is to prooue and maintaine the same if it bee honest Now wee must not vnderstand this of any euill Custome because they make no presidents and are to bee supressed by Lawes Likewise a Custome well obserued is to bee preferred before a Law not obserued A Gradation concerning Lawes and Customes And this Gradation ought to be maintained and seâ—iously obserued concerning Lawes and Customes That euen as the Wills Contracts or Testaments of particular men cannot derogate or vndoe the Ordinances of the Magistrates and as the order of the Magistrates cannot abolish ancient good Customes nor Customes cannot abridge the generall Lawes of an absolute Prince no more can the Law of Princes alter or change the Law of God and Nature Bartolus Baldus Iustinian Vlpian Paule the Iurisconsulse Papinian Benvenuto Straccha Petrus Santerne Ioannes Inder Balduinus de Vbald Rodericus Suarez Iason Angell Andrias Tiraquell Alciatus Budeus Alexander Perusius Pomponius Incolaus Boertius Azo Celsus Rusinus Mansilius
½ Markes of 8 ounces which are ounces Troy wherewith Gold Siluer Pearles Muske Corrall c. Diamonds are weighed by another weight called Carrat Diamond weight which is also vsed in England France and other places One Carrat is 4 graines in England and with them about 5 graines because as aforesaid they haue 32 graines to the English being our penny weight The said 100 ll of Antuerp are correspondent with the 100 ll of Bruxells Malines Hartogenbosh Louain Arschor but at Barrow op Zoom 98 ll At Briges also 100 ll But wooll weight is 108 ll Bridges which are weighed by Stones of 6 ll called Nayles vsed also by the Skinners there and maketh 114 ll English Wooll weight waying by foure nayles whereof fortie fiue nayles make a weight the two waighes make one pocket of wooll This 100 ll of Antuerp is but 93 ll at Bridges in the waight of Butter and Cheese waying by Stones of 6 ll and 20 Stones is a waigh and doe make also 189 ½ Markes of Siluer Gold c. Troy weight The said 100 ll makes at Gaunde Ypre Dixmuyde Hulst Gaunde Poperinge Tornay Ailst Mirnow for Hops and other wares 108 ll and also in the Wallons countrey And at Audinard Cortryke Lille Doway Santomur and all Flaunders 110 ll The said 100 ll of Antuerp make at Amsterdam but 94 â…˜ ll Amsterdam and for Silkes they vse the weight of Antuerp And all Holland Gelderland Walsland and Sealand it is 99 ll Holland Sealand c. And 110 ll onely at Zurickzea and Tergoes maketh 107 ll FRANCE The said 100 pound of Antuerpe Subtle weigheth by the Kings weight At Paris 93 ll accounting 4 quarters of 25 pound to the hundreth Diepe Abbeuile Bourdeaux Borgoingne c. 94 ¾ ll Roan 91 ll by the Vicontee accounting as at Paris Also by the ordinary weight 94 ¾ waighed by the same and account 4 ê‘ cent ouer Lyons 111 ll Ordinary weight by Centeners of 112 ll 102 ll Almeric or weight of Genua for Silkes Saffron and such like weighing by small weights and abating 8 ê‘ 100. 94 ¾ ll By the Kings weight to pay Custome by A Charge is 300 ll a Quintall 100 ll and a Somme is 400 ll Tholouze 111 ll euery Centener or Quintall is 2 Frailes of 56 ll Auignon 111 ll euery Centener or Quintall is 2 Frailes of 56 ll Montpellier 111 ll euery Centener or Quintall is 2 Frailes of 56 ll Rochel 111 ll and 119 ll by the small weight Calais in Picardy 111 ll Ordinary weight 92 ll Merchants weight 114 ll The English wooll weight Genua 102 ll Weight for Spices 85 ll By the great weight Carga or Charge is 270 ll small weight Marsellis 111 ll Saint Antoine 127 ll Aquismort 102 ll And all France generally 111 ll Lions weight are some 102 ll or 94 ¾ as aforesaid Mirabel 102 ll And all France generally 111 ll Lions weight are some 102 ll or 94 ¾ as aforesaid Calsada 102 ll And all France generally 111 ll Lions weight are some 102 ll or 94 ¾ as aforesaid Offerte 102 ll And all France generally 111 ll Lions weight are some 102 ll or 94 ¾ as aforesaid SPAINE Seuill the said 100 ll are 107 ll by Great Quintall of 144 ll of 4 roues of 36 ll Smaller Quintall of 112 ll of 4 roues of 28 ll Lesser Quintall of 120 ll of 4 roues of 30 ll Granada Armaria bona 105 ll Is pound of 16 Ounces 93 ll Silke and Copper weight of 18 Ounces 54 ll Great weight for flesh of 32 Ounces Castile 102 ll Medina del Campo 102 ll Burgos 93 Rotolus Arragon 106 ll 96 ll Great weight for wooll Barselona 131 ll Small weight for Saffron Valentia 106 ll By Quintalls of 4 roues of 30 ll for Spices 134 ll By Quintalls of 4 roues of 36 ll Carga is 3 Quintalls of 360 ll and the greater of 432 pounds The said 100 ll of Antuerp makes in Spaine At Leon. 109 ll Sarragossa 112 ll and smal Quintal 131 ll Lavalona Sallanico Magilica 131 ll Vilaco 80 ll The Ilands of the Canaries and all the Ilands of Spaine vse the weight of Seuill as aforesaid PORTVGALL The said 100 ll make 107 ½ Rotules or Araters by The great Quintall of 128 ll The small Quintall of 112 ll containing each foure rooues of 32 ll and 28 ll There is allowance made foure vpon the hundreth vpon Sugars and 2 and 3 vpon Cotten wooll and such like The small Quintall is the weight of the contraction House of the Indies Spice is weighed heereby but all weighed by the great Quintall and reduced vpon the lesse Quintall One Quintall of Wax is 1½ Quintall of 112 ll is 168 ll Madera 107 ½ Rotules or pounds by the Quintall of 128 ll Cabo Verde 107 ½ Rotules or pounds by the Quintall of 128 ll Santo Thomas 107 ½ Rotules or pounds by the Quintall of 128 ll Guynea 107 ½ Rotules or pounds by the Quintall of 128 ll Marocco in Barbary 107 ½ Rotules or pounds by the Quintall of 128 ll Feas and Suus in Barbary 96 ll Calicut 80 Aracoles for the said 100 ll of Antuerp here they sell by Baccar or Bahar being at Lisbone 4 great Quintalls of 112 ll Baccar or Bahar is 4 Quintals for 120 Aracoles 20 Faracoles of 32 ll ê‘ Rooue at Lixborne is 5 Quintalls 480 Aracoles ITALIE Venice the said 100 ll is 98 â…” ll great weight wherwith Flesh Butter cheese Leather dates Yearne Copper thred yron Oyle Brimstone and Wooll are weighed called A la grossa And by the small weight Allasotile 156 ll of 12 ounces most vsed for all merchandises euery ounce is six Saffi euery Sassi of 24 Carrats euerie Carrat is foure Graines They doe also weigh by thousands of 40 Mixi of 25 ll euerie one And there is allowance made two vpon the hundreth in the Custome house they account also by Cargaos of 400 ll smal weight Also by starre of 220 ll weight howbeit star is Mensuralis to measure according to the weight of the goods as Ginger 180 ll Raisons 260 ll Corne 130 ll Starre containeth 54 pottles of wine at Antuerp Istria Spalato Sequia Fiume Piran and Trieste haue all the same weight which the Venetians vse as aforesaid The said 100 ll at Rome 132 ll Florence 125 ll of 12 ounces Bolognia 53 ll of 30 ounces to weigh wax wooll by roues of 10 ll Milan Pauia Cremona 143 ll of 12 ounces most vsed 132 ll of 12 ounces being 13 of the other 60 ll of 28 ounces for flesh Rechanate 137 ll but to gold thred but 112 ll Treuiso Padua 137 ll and 108 ll by the two Quintalls Ferrara Ottrante 137 ll and 108 ll by the two Quintalls Vrbino Lansan 137 ll and 108 ll by the two Quintalls Cesena Bergamo 137 ll and 108 ll by the two
portage bee brought in hee shall onely haue the fraight of so much goods If a Ship passe further than the Mariner was hired his hire should be accordingly augmented except hee be hired a Mareages mais non a deniers as the French man speakes or by the moneth for all the yeare If a Mariner runne away with his hire vndeserued hee deserues the Gallowes If a Mariner be hired for a simple Mariner and afterwards in the voyage findes hiring to be a Pilot or a Master he may passe restoring his former hire and so it is if he marrie Mariners are not onely to discharge and deliuer goods out of the Ship but also if no Porters or Carriers bee in those parts to carrie the same themselues for such hire as other workemen should haue had therefore If it happen a Ship to be prised for debt or otherwise to bee forfeited yet the Mariners hire is to be payed and if she prosper to receiue their pay in the same money that the fraight is payed with Lastly a Mariner should neither be arrested nor taken forth of a Ship making readie to sayle for any debt but onely his hire and as much other goods as hee hath in the Ship may be arrested for it according to the value of the debt and the Master to bee answerable for all because the Ship is compared to a mans dwelling house which is his sure refuge by the Law except it be for a sworne debt or a penaltie to the King through some crime CHAP. XXIIII Of the Office of Assurances and the Ancient Custome of the same CLaudius Caesar the fifth Romane Emperour by succession of gouernement from Iulius Caesar who was before the Birth of our Sauiour Christ borne vnder Augustus and the first persecution of Christians was vnder Tiberius Sâ—etonius and the second more cruell vnder Caligula whom Claudius did immediately succeed This Claudius did bring in this most laudable Custome of Assurances whereby the danger and aduenture of goods is diuided reparted and borne by many persons consenting and agreed vpon betweene them what part euerie man will be contented to assure make good and pay if any losse or casualtie should happen to the goods aduentured or to bee aduentured at the Seas as also by Land to the end that Merchants might enlarge and augment their Trafficke and Commerce and not aduenture all in one Bottome to their losse and ouerthrow but that the same might be reparted and answered for by many This Custome comming to the knowledge of the inhabitants of Oleron was recorded and by them set downe for a Law and practised to be obserued through all the Sea-coast Townes of France and yet was first vsed in England and after vs imitated by the Antuerpians and all other Nations there inhabiting when that Citie did flourish And whereas here in London Lombard-street then the Exchange of Merchants the meeting amongst Merchants was in Lombard-street in London as aforesaid so called because certaine Italians out of Lombardie kept there a Pawne-house or Lombard long before the Royal Exchange was builded by sir Thomas Gresham knight all the policies or writings of Assurances which then were and now yet are made do make mention That it shall be in all things concerning the said Assurances as was accustomed to be done in Lombard Street in London which is imitated also in other places of the Low-countries These Assurances are made in the said Office in the West end of the said Royall Exchange in London which are of seuerall natures as followeth and at diuers and seuerall rates The Commissioners for the said Assurances are chosen yearely or at the least some of them in the beginning of euerie yeare And at Roan at the time when the Merchants of all nations chuse their Prior and Consulls The chiefe authoritie with vs doth rest in the Lord Maior of London confirmed by an Act of Parliament in the later time of Queene Elizabeth as you may vnderstand by the manner of proceedings for Assurances for the obtaining whereof I haue sundrie times attended the committees of the said parliament by whose meanes the same was enacted not without some difficultie because there was many suits in law by action of Assumpsit before that time vpon matteâ—s determined by the commissioners for Assurances who for want of power and authoritie could not compell contentious persons to performe their ordinances and the partie dying the Assumpsit was accounted to be void in law The nature of Assurances THe nature of Assurances are either vpon goods laden or to be laden outwards in such a ship bound from such a place to such a place As for example from London to Saint Lucar vpon Perpetuanoes or Corne vntill it be laied on shoare at Siuill which aduenture is as well in the small ships lighters or boats whereby it is carried vp to the citie of Siuill vntill landing of it as it was in the ship whereby the said Perpetuanoes or Corne was transported from London to Sain Lucar and any damage either totally or in part is to be answered by the Assurors accordingly and pro rata that euerie man hath subscribed in the policie or writing of Assurance as by the said commissioners for Assurances shall be set downe Other Assurances are made vpon goods laden or to be laden homewards in such a ship vnder such a marke the masters name and any other circumstances wherby the said goods or commodities may be knowne to be the same that are assured as laden or to be laden by such a man in such a place about such a time c. which if it be in any ship that was fraighted outwards may be better specified or if it be by letters of aduice it may be described accordingly which aduenture may also run from the time that the said goods posito oyles of Vtrera were laden into any Vessell Lighter or Boat to come downe the riuer to Sain Lucar to be laden in such a ship or any ship neither naming the ship nor master vnto the citie of London and the said Oyles there laied on land But to declare that the Pipes are marked with such a marke to be laden by such a man doth much strengthen the said Assurance to auoid cauillations doubts or controuersies Other Assurances are made vpon goods laden in a ship for a certaine place which ship is fraighted going and comming as for Turkie or any places in the Mediterranean seas bound to go into seuerall ports to discharge part of the lading in one place and the rest in another place and then to lade againe homewards in such another place and all this Assurance is one entire Assurance vntill the ship be returned home and the goods safely receiued on land Other Assurances are made vpon goods to be sent or laden from one place to another and vpon the returne of the prouenue thereof as from Lixborne to Brasile and backe againe to Lixborne or from Saint Lucar to the West-Indies Santo
to the declination of the Dialls plaine superficies making computation from South to East circularly and the Latitude of the place equall to the complement of the inclination of the same superficies Horologicall wherein euery man at his pleasure may iudge with vnderstanding if hee haue tasted but of the first principles of the Mathematikes or Cosmography And hauing made mention of the Attractiue Center I call to memorie a conference which in the yeare 1606 being in Yorkeshire about the Allome Mines and certaine Lead Mines in Richmondshire passed betweene the Archbishop of Yorke Doctor Matthew and my selfe in presence of Ralph Lord Eure with whom I went to Yorke to congratulate the said Archbishop newly come to that See which was concerning the Center of the earth which hee said was vnknowne vnto him what to coniecture of it whereupon we entred into a large discourse insomuch that from the lowest Center wee did clime and ascend to the highest Climate by imaginarie conceits for so is all the studie of the Circle of the Zodiacke Experience of former ages doth confirme this imaginary Circle of the Zodiacke and the appropriation of the twelue Signes therein and after many reasons of the earths stabilitie against the Pithagorians and Copernicus doctrine of Mobilitie that is to say Whether the Heauens moue and the earth resteth immoueable or the earth moue and the great Orbe of Stars be permanent mentioned before we did find all this to be imaginarie and in that consideration and imagination wee did discend to the lower Center againe and thereupon conclude That whereas the Center is taken to be as a point of a great Circle and so all weightie things falling thereunto it may as well be a great Circle whereupon all other Orbes runne in circumference circularly Seeing that the earth and waters together make the perfect Globe as aforesaid and all weightie things may bee inclining to that Circle But this matter being not concerning Nauigation let vs returne againe to our obseruations That the maine Ocean Seas are common to all Nations as the passages are on the Land to bee nauigated for trafficke and commerce yet no one man can trafficke with any Nation without their consent Concerning the Art of Nauigation Mariners haue one great imperfection that is the want of exact rules to know the Longitude or Arkes Itinerall East and West without the which they can neither truely giue the place or scituation of any Coast Harbour Rode or towne nor in sayling discerne how the place they sayle vnto beareth from them or how farre it is distant whereby they are inforced long before they come to any Coast all night to strike sayle not otherwayes than if they were vpon it thereby losing the benefit of prosperous windes in sch sort sometimes that whereas keeping a true course they might haue beene quietly at road they are by contrarie and aduerse tempests carried farre off and so not without great charge to the Owner paine to the Companie and perill to their Ship are enforced to waste their time which of late yeares by some new Chartes and Instruments is in some part amended albeit the said Chartes are still described with straight Meridian lines running equidistant or parallel which is erronious and they suppose that running vpon any of their points of the Compasse they should passe in the circumference of a great Circle and therefore in the plaine Cardes describe those windes with straight lines which is another abuse For the Ship steming the North and the South onely maketh her course in a great Circle East or West shee describeth a parallel and being stirred on any other meane point shee delineateth in her course a Curue or Helicall line neither straight nor circular but mixt of both which supposition being well obserued betweene two different Angles of variation A very rare obseruation respecting the Latitude and conferred with some such third Angle of a Curue line euery degrees sayling or thereabouts will shorten their course of sayling that with like wind and weather they shall performe that in twentie foure houres wherein they spend aboue three or foure dayes and many times the voyage is thereby lost and ouerthrowne As I made Sir Francis Drake Knight to take notice of in the yeare 1587 and after that more sensibly to Sir Walter Rawleigh Knight CHAP. XXXV Of the distinct Dominions of the Seas PLato the Philosopher perceiuing that Equalitie would be the cause that euerie man should haue enough was of opinion and willed all things in a Common-wealth to bee common whom Sir Thomas Moore in his Vtopian Common-weale seemeth to imitate to the end that an infinite number of Lawes alreadie made and the making of so many new Lawes as daily are made might be abolished whereas all of them are not sufficient for euery man to inioy defend and know from another mans that which hee calleth his owne proper and priuate goods But finding afterwards that this Equalitie could not bee established and that many other inconueniences should arise thereby he did wisely reuoke the same in his second Common-wealth Renuntiation of goods in common For the same was neuer vsed in any age nor by the Word of God commanded when from the beginning he willed man to subdue the earth and rule ouer the fish Gen. 1.28 And againe after the Flood willing man to replenish the earth and for the better performance thereof scattering Mankind at the building of the Towre of Babel ouer all the face of the earth diuiding the Isles of the Nations into their seuerall Lands God being the Author of Nature as also of the diuision Insomuch that when Mankind was propagated to an infinite number of creatures and things vpon the earth not sufficient for their sustenance then of necessitie followed the vse of Trading vpon the Seas both for Fishing and Negotiation which could not be done if all things had beene common neither on Land nor vpon the Seas which thereupon became diuisible in places of fishing but not in the maine great Seas which is common to all Nations Iure gentium as in the precedent Chapter is declared not that the words intend any Law set downe by common consent of all Nations but onely denoteth vnto vs the example or custome of other Nations in sayling and trafficking ouer the Seas with commodities reared vpon the Land and by the Seas ioyning thereunto and not in the maine Ocean Seas where no fishing can be vsed whereby the properties of both Lands and Seas are distinguished by the said Law of Nations agreeable in this particular with the Law of God For the Moral Law prohibiting theft and the coueting of other mens goods By Diuine Law doth declare the said propertie And the Ceremoniall Law willing euery man to make sacrifices of his owne doth confirme the same The meanes which God hath appointed to make this distinction of the Dominions vpon the Seas are as certaine as the mensuration of the Land whereunto
the Sea is adioyning and in proprietie to bee esteemed accordingly taking their names of the Countries and Kingdomes adiacent or of their scituation as Mare Britannicum Mare Germanicum Mare Hibernicum and for scituation Mare Mediterraneum obserued by Cosmographers Historiographers and Mathematicians this is performed with the helpe of the Compasse counting of courses soundings colour of the grauell or sands and other wayes to designe Finitum ab ' iâ—finito By the Ciuile Law so farre as is expedient for the certaine reach and bounds of Seas properly apppertaining to any Prince or people wherein the Doctors of the Ciuile Law haue recorded excellent obseruations By the Law of Nation and Customes Baldus saith Vidimus de iure gentium in Mare esse Regna distincta sicut in terra Auda Ad legem 1. de ter diuisione In §. nullius in tratt de iâ—sula Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria which is one hundreth leagues of sea from their coast if they extend their protection so farre called by them Districtus maris territorium which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England Visible Markes of Dominion or where there are such rockes or eminent marks as the Washes at the West seas thereof to which purpose Paulus a renowmed Ciuilian saieth That it is not needfull for him who would possesse himselfe of any land to go about and tread ouer the same but it is sufficient to enter in vpon any part thereof with a mind to possesse all the rest thereof euen to the due marches to be made apparant by the instruments of Geometricians And the like may be designed vpon the seas notwithstanding the soliditie of the one and the continuall flowing too and fro of the other This distinction of dominion hauing continued so many hundreth yeares needeth not to be corroborated with other proofe and arguments yet let vs note obiter That if the same were not distinguished as aforesaid Cases of ciuile Law or Admiraltie one borne vpon the seas should haue no countrie or nation to appeale vnto and a man dying intestate vpon the seas should minister occasion of question to know who should administer his goods and making of a Will how the same should be proued and executed by law without approbation of some Court or Iurisdiction whereas we find many Admiralls of the seas and their seuerall iurisdictions vpon the seas as deputies to their Princes or States who are alwaies absolute Commanders in their precincts according to the treaties and contracts made betweene Princes which are in the nature of lawes and inseperable of the said Princes right on the land concerning the possession of their Kingdomes or Common-weales as the fundamentall cause of their dominion wherein discontinuance of any part of their right cannot be pleaded against them The Kings of England neuerthelesse haue beene prouident and carefull herein for Historiographers haue recorded That King Edgar one of the Saxon Kings long before the Conquest made a suruay yearely of the foure great seas Mathew of Westm. and stiled himselfe lord thereof euen vntill Norway Ranulph Cestriensis and his progresse was most towards the North. It is also affirmed Anno 973. That the said King Edgar caused an inscription to be made vpon his Tombe for a monument calling himselfe Dominus quatuor Marea and as Papinian the Iurisconsult saieth In finalibus questionibus vete ra monumenta sequenda sunt Mare Britanicum But this for the dominion of the Kings of England ouer their seas Mare Hibernicum is not needfull For afterwards William Duke of Normandie after he had subduâ—d the realme of England by conquest Mare Germanicum caused himselfe not onely to be proclaimed King Mare Deucalidon but also that all the goods of the subiects were his and so caused the land to be diuided and yet was contented to change the title of a Monarchie by conquest into a Monarchie Royall and was also Lord of the said foure seas Io Bodinus de Resp. by the former assumpsit which had then continued 200 yeares and his progresse by sea was most Westward For when Princes or Kings do stile themselues by proclamation then the continuance thereof without opposition of other princes is holden and obserued as inuiolable and permanent Now King Henrie the second succeeding William the Conqueror Graftons Chronicle within one hundreth yeares did ioine Ireland to the crowne of England and did reduce Normandie and other places in France to the crowne taking as it were a new possession of the said seas and Henrie the first euerie yeare or within three yeares at the furthest crossed ouer into Normandie hauing taken Robert Duke of Normandie prisoner In the time of King Edward the third Chro. Malmesbuâ—e there was a disputation held with France concerning the fishing of the seas about Brittaine in which it was proued to belong to England Ioh. Hayward and thereupon Fraunce disclaimed therein By ancient records and Treaties c. as appeareth by the said King Edward the third his Proclamation yet extant Which arguments and contracts are as a law effectuall And here I must remember the singular care which the right reuerend father in God doctor Abbot now Archbishop of Canturburie A rare booke remoining with the Archbishop of Canturburie and Metropolitane of England hath had in procuring at his great charges for the good of our posteritie an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same Anno 1596 and caried to Bruxels in the Low-countries whereof I haue had the perusall and made an Abstract of the Chapters of the same viz. The Treatie of Peace betweene Edward the third king of England and Iohn king of France for themselues and their eldest sonnes namely Edward the Blacke Prince of Wales and Charles Duke of Normandie Regent the French King his father being prisoner to the said King Edward which Treatie was made the eight of May 1360 in Britanie neere Chartres and confirmed at Calice whereupon sixteene Hostages were giuen to the King of England by the French King who was to come thither in person and to pay three millions of crownes for his ransome of two crownes to bee reckoned for an English noble called in King Henrie the eight his time Angell noble being some 750000 〈◊〉 sterling The ransome o' King Iohn of France The ship whereof vpon the one side did signifie the dominion of the seas whereunto old Chaucer the Poet did allude in Henrie the fifth his time This money was to be paied to weet six hundreth thousand crownes at Calice within 4 months after King Iohns arriuall there more foure hundreth thousand crownes within the yeare and so much yearely vntill the full paiment made
neuerthelesse to accommodate and for remarkeable reasons Wee haue condescended and tollerate that the following species of Gold onely and none other shall bee issued and receiued for the prices hereafter vntill the last of September now next ensuing 42 Prouided alwayes That all sentences pronounced before the date of these presents for the payment of any moneys according to the permission of that time shall remaine and be maintained and satisfied according to the tenor thereof without that by the said valuation or following tolleration any thing to the contrarie shall be innouated or abolished 43 Also during the said tolleration no coynes to bee payed for lands or heritages or rents vpon Bills or paiments vpon Obligations vntill Ianuarie last shall bee drawne against the will of the partie to the said prices of tolleration but are to be performed according to this present valuation 44 Likewise the said Bankes of Exchanges shall haue no power to take in payment the said coynes at higher prices nor to issue the same otherwise than the said finall valuation and not according to the following tolleration which as vnnecessarie are here omitted the time being expired Obseruations concerning the said Proclamation and Ordinance THat the manner of popular gouernments in their Proclamations Placcarts Edicts and Ordinances doth much differ from the Proclamations which are made in Monarchies where Magistrates and Iudges are of greater reputation and dignitie according to their royall Parlements That in the yeare 1594 all mints stood still for one whole yeare to preuent the inhauncing of coyne betweene man and man and the said States did declare that it was not in their power to reforme the same so long as the seuenteen Netherlands were diuided euery one claiming as absolute authority as the other as members of one bodie And that now they haue deuised a course to make their Proclamations effectuall within the vnited Prouinces to their great benefit if we will consider the nature of the former valuation of coynes made by Princes and Merchants with their seuerall branches which by policie are made inconstant And Germanie Fraunce and other countries haue not as yet taken any course in their moneys answerable thereunto That the Lyon Doller and the great golden Royal of the said vnited Prouinces are valued and made the standard peeces of all the gold and siluer coynes made currant by this Proclamation And that all other coynes of what Kingdomes or States soeuer are made bullion and not to be currant within the said Prouinces That siluer coynes shall be weighed as well as the gold whereby a more certaintie may be made in the calculation of the Par for exchanges the rather for that their species are far lesse in number and the proportion betweene gold and siluer can be better descerned yet without the rule of exchanges by bills stil great aduantages may be taken by one nation against another That the scope of this Proclamation is to set their Mints on worke by abolishing all the seuerall coynes of gold and siluer of all kingdomes not valued or made currant thereby The coyning of moneys is a marke of soueraignâ—tie so that the melting of money is a great matter of state which may be seene by the former declarations of their weight and finesse in so much that whereas in the yere 1586 when the Earle of Leycester went ouer to take the gouernments of those countries by the direction of the late Queene Elizabeth of blessed memorie the Lyon Doller made now to be the standard peece was valued at thirtie six stiuers and the English shilling which is now required to be deliuered by weight was valued at ten stiuers Decreed foure vpon the hundred And now the said Lyon Doller albeit decreed after the former inhancement is still valued at fortie stiuers which is one ninth part increased according to which the English shilling ought to be increased also 1 9 part which for 10 stiuers would be 11 stiuers and 1 9 part whereas the same is inhanced but to ten stiuers one halfe and no more The difference in exchange according to the valuation being in the one after the rate of 35 of their shillings for our 20 shillings and in the other aboue 37 shillings in the maine standard coyne and much more in the smaller coynes whereof more hereafter concerning Exchanges The like consideration is to be had for the valuation of moneys of other countries whereby authoritie will rule their owne and not according to the rule of other Nations but by equalitie and equitie which no Nâ—tion can controll or contradict Wherein consider we likewise the standard peeces of the late Arch-Duke Albertus of Austria for the vnited Prouinces declared by their Proclamation in the yeare 1611 and we shall find the like ground and foundation to their aduantage albeit they seeme to find fault with the disorderly course of moneys which is one of the greatest policies in State affaires The said Arch-Duke made as now the States haue done his owne coynes of Gold and Siluer for standard peeces Moderne and ancient standards oâ— gold and siluer namely the double Ducat of 23 carrats 3 ½ graines of Gold at seuen Guilders and eighteene Stiuers and the peeces of three Royalls at fifteene Stiuers of tenne ounces and eighteene graines fine by their calculation in the pound weight Troy And by these meanes there is a new foundation laid downe for moneys in the said seuenteene Low Prouinces where heretofore they alwayes had the Phillip Doller of tenne ounces fine and the Emperors Royall of gold of 23 carrats 3 ½ graines fine for their standard peeces Qui vadit plane vadit sane taketh not alwaies place Lastly that the Mints of certaine Lords are called Hedge Mints which are not vnder their commaund Hedge Mints as Batenborg Heall Bargen Vianen Gronswelt Rechein Geuarden Stenwart and others may follow their own course in the coyning of moneys and by the means of commerce alter all these ordinances For in the said yere of 1586 all the said forfeitures and penalties were far greater and the melting downe of Queene Elizabeth her coyne was prohibited vpon paine of death and goods yet all was neglected and came into disorder by the commaund of Gaine which being taken away by a true course of exchange is the only remedie to make the effects to cease and all other meanes are fallacies and to be abused c. * dtridot CHAP. X. Of the Lawes and Prohibitions against Vsurie MAny are the authors which haue written against Vsurie in all ages euerie man according to his profession most especially the Diuines who haue the word of God for their warrant wherein also the auncient Fathers haue been verie strict to construe the same accordingly Definition of Vsurie making any thing taken aboue the principall to be Vsurie because the verie word of Vsurie in the Hebrew tongue is called a Biting of this word Neshech which is nothing else but a kind of biting as
of iurisdiction in the best manner that can be deuised Euerie person of this societie to be free and exempted of all Impositions Taxes Customes Subsidies lending of moneys any maner of waies or any charges as also masters of the counting houses which shall not be permitted to exercise any trafficke or trade particular but must wholy employ themselues to this businesse with such allowance and order as is prescribed vnto them All worldly things being subiect to mutabilitie euen the greatnesse and superioritie of Princes which may happen to be deposed for a time and afterwards to be restored againe It is prouided that of the gaines of the three parts allotted vnto them for three stakes in this couenant the two shall remaine to the Crowne and the third to the Prince vntill he be restored againe or dead which is onely to take place in all hereditarie kingdomes The said societie therefore not to purchase any land for the generalitie to endanger Princes estates but onely for their particular as occasion serueth Modells or Medalia to be worne by the said hundreth persons of the societie and the Masters of counting houses onely with emendation and augmentation of their armes and by their successors vpon true register and acknowledgement to be made and kept thereof The said Modells to containe on the one side the world concatenated together vnder a Crowne Imperiall assisted with the personages of Prosperitie Honour and Mercie enuironed round about with two inclosed hands and armes of Faith and Credit and on the other side the like with a Crosse and Inscription He doth crowne his owne workes in vs. All which persons shall be made noble Knights of this order accordingly with certaine other additions as shall be thought conuenient As by Faith and Credit it shall subsist or the like The aforesaid stocke and credit to be emploied by the said Masters of counting houses and assistants in fiue seuerall matters by Exchange Banke Mount of Charitie Mensa argentaria and Houses of Vendition without any aduenture or losse according to an instruction shewing the benefit and commodiousnesse which will arise thereby vnto all estates for the preseruation and augmentation of Honour and Wealth of the rich reliefe of the poore and welfare of the commons in generall hauing some gratuities bestowed vpon them The priuate person with whom all the aforesaid parties are to couenant is to be generall Master of all the counting houses and onely to keepe a generall booke of account without any administration of the stocke or to meddle in any trade of merchandise but to haue the honour of knighthood with a large allowance of charges expences had and to be had for to entertaine all the parties and correspondencies which might resort to the places of his habitation to which purpose he must be prouided of a stately house with all conuenient things necessarie and many seruants messengers and posts with the gaines of one hundreth thousand crownes that he doth furnish by many allowances and other meanes to the satisfaction of all the parties according to a particular agreement wherein the vnited Low Prouinces are named the chiefe place or Rendevous of this negotiation or intended contract whereunto diuers countries haue condescended The authors of this proiect vnder the said priuate name do desire for the aduancement hereof permission to execute the same safgarde to be protected from all iniuries and to repaire all dammages which might be done vnto them in hostile or peaceable manner freedome of all taxes and assurance for their persons and goods according to an instruction To which end the Master generall of the said counting houses if breach be made by any one of the parties in any article of this couenant is to receiue the complaint and to consult with his counsell of assistance and so to giue notice thereof vnto the next neighbour Prince or State of this societie to see the same redressed or amended If that Prince do denie to be ayding or be forgetfull therein he shall be accessarie and iudged as guiltie as the first offendor whereas on the contrarie the forfeiture of the reuenues of this first offendor for the time shall be his And the society may remoue their counting houses or change them into correspondencies if other Princes and States should also proue to be negligent and without respect had to their priuate gaine abandon so good an action losing their title or reuenue violating the law of nations wherewith no doubt most Princes shall find themselues agreeued and these Princes or persons transgressors will find the worse and endanger their estates to their great dishonour through all the world and disturbance of other neighbour Princes For the better aduancement hereof there is a place reserued for reward of two vnknowne persons which by their industrie labour and science shall be thought worthie thereof one bearing the name of it This princely contract requireth a serious consideration The Stocke or Capitall is 2 ½ Millions or 2500 thousand pounds sterling or ten millions Flemish which increased by nine hundreth correspondencies will make the stocke to be twenty and fiue millions oâ— one hundreth millions Flemish It being verie probable that through all the world there lyeth so much money dead without any vse or employment The calculation of tenne vpon the hundreth by the yeare doubleth yearely so that he who by gift employeth one hundreth pounds is to haue for it one hundreth pounds yearely for euer and this is supposed to be gotten by fiue seuerall means viz. by Cambium Banke Mons Pietatis Mâ—nsa Argentaria and Domus Commutationis whereof you may find the particulars in this Booke The proceeding of this matter of great consequence hath beene interrupted by Monsieur Olden Barneuelt lately executed at the Hague in Holland the sequell hereof time will discouer and we may say with the Poet Quid non mortalia Pectora cogunt c. CHAP. XVIII Of Moneys deliuered vpon Liues Annuities and Pensions HAuing intreated of Moneys deliuered at interest without casualtie and so termed Vsurie by reason of the contract of benefit without aduenture it is conuenient to handle of Moneys deliuered vpon Liues when Merchants do giue twelue vpon the hundreth without pawne called beyond the seas after the pennie 8 the moitie whereof with pawne is six vpon the hundreth or double eight according to the pennie 16 as aforesaid The pennie 8 is 12 ½ for eight times 12 ½ maketh one hundreth so the pennie 16 which is vsed for rents vpon houses or lands is 6 ¼ according to which pennie 8 vpon one life or double for one yeare so they all liue is equal vpon eight liues This is much vsed in diuers cities beyond the seas to draw moneys into their hands As for example One hundreth pounds is deliuered to haue two hundreth pounds for it at the yeares end vpon eight liues if they all liue you haue two hundreth pounds to buy a perpetuall rent or sometimes as it hath beene
Cash you make ouer 300 ll for Amsterdam by exchange with condition and order to your Factor That from time to time as the mony groweth due hee shall make it ouer againe by exchange vnto you at double Vsance which is two moneths as you made it ouer vnto him some now in this case wil arme an account of exchanges but it is better to make the factor of Amsterdam debitor for it and cash creditor Ships are now arriued from Saint Lucar in Spaine and your Factor of Seuill hath sold your Perpetuanoes Bayes and Lead Retuâ—ne from Spaine in Tabacco and in returne thereof hath sent you a parcell of Tabacco because Cutcheneall was too deare and rich Indico is heere too good cheape withall hee hath sent you the account of your commodities kept in Royalls of Siluer Accounts of goods sold in Spaine accounting sixe pence for a Royall of the cleere Prouenu being 27240 Royalls making sterling 681 ll whereof you make him Debitor and the Voyage for Spaine Creditor and when you come to your Leiger Booke there it appeareth that the said goods did cost you 736 ll and so there is lost 55 ll For this now to cleare the account of the said goods you make Profit and Losse Debitor Losse vpon wares in Spain and the said Voyage Creditor to ballance this losse contrarie to the gaine the Tabacco did cost with all charges 24800 Royalls which is 620 ll for this you make an account of Tabacco Debitor and your Factor of Seuill Creditor Reduction of Spanish mony into sterling in the same manner as you did your Veluets putting thereunto the great Impost which you paied for the same and all charges and hauing sold your Tabacco for tenne shillings a pound one with another you find to haue made cleere aboue one thousand pounds be it 1010 ll which cost you in Spaine but 620 ll so heere is 390 ll gotten Gaine by Tabacco but you lost 55 ll by your wares sent into Spaine well this account is cleared Tabacco is made Debitor 390 ll and Profit and Losse Creditor for the same and now you are well stored for money for all is readie money sauing 300 ll at sixe moneths Hereupon you make more money ouer by exchange for Amsterdam Money made oâ—er by exchange by seuerall Bills to your Factor to the sum of 500 ll and thereupon he is made Debitor and Cash Creditor for the said sum Interim your said Factor of Amsterdam hath made ouer vnto you by exchange the former 300 ll backe againe for which you make him Creditor and the partie Debitor that is to pay you the money at double Vsance The Ships of Lixborne are also arriued and bring in returne of your Kerseys and Reading clothes fortie chests of Sugar of the three sorts Pancla Mascauado and Blanco or white with aduice that the commodities are sold at a reasonable rate for by the account it appeareth that the nett Prouenu of it commeth to 1204 thousand 800 Reys Reduction of Portugall money into sterling which make 3012 ducats of ten Royalls or 400 Reys is sterling 753 ll so that there is aduanced by the account iust one hundreth pounds which are carried to the account of Profit and Losse as in the former Accounts The fortie chests of Sugars did cost 550 ll whereof the Factor of Lixborne is made Creditor and the Account of Sugars Debitor in like manner as aforesaid Mutatis Mutandis and the said Sugars were sold paiable at sixe and sixe moneths for 820 ll so that the charges and customes deducted there was 190 ll gotten which are likewise posted to the Account of Profit and Losse Money which was made ouer returned by exchange againe The 300 ll made ouer from Amsterdam are now due to be paied heere and the Merchant doth offer you to pay them by a new Bill of exchange whereunto you agree and heereupon you make him Creditor and your Factor of Amsterdam againe Debitor and withall you make ouer by exchange other 200 ll payable at double Vsance and for this you make him Debitor also and Cash Creditor The yeare is now almost expired and euerie prouident Merchant doth commonly make vp his Account and draweth a ballance of his booke and this Merchant findeth to haue receiued of his Mannor of Latham Money receiued oâ— lands and lease Expences of house keeping reckoned and lease of a house 106 ll and for this he charged his Cash and carrieth the same to Gaine and Losse as he did all the former parcells Then hee doth cast vp his expences of house keeping which come to 150 ll and for this hee maketh Profit and Losse Debitor and Cash Creditor The 400 ll made ouer from Hamborough are receiued and Cash is Debitor for it and the parties that payed the same are made Creditor and discharged Now by the Account of Profit and Losse there appeareth to be gotten 911 ll cleare Gaines of the Accâ—unt of Profit Losse and Losse carried to Capital or stocke all charges and expences deducted this is now carried to Stocke which is now 5911 ll Heereupon take all the remainders of the Accounts by Debitor and Creditor which is the ballance of the Booke and you shall find nothing on the Creditors side but the Capitall of 5911 ll which is ballanced by the nine accounts following and the three accounts for the lands leases and houshold stuffe amounting to 1900 ll vnaltered So 1900 ll for the said lands Ballance of the Leiger Booke lease plate and houshold stuffe 420 Owing by two parcels at interest by C.D. N.W. Merchants 520 Owing for Veluets sold to c. 300 Owing for Tabacco sold to c. 820 Owing for Sugars sold to c. 1000 Owing by the Factor of Amsterdam c. 180 Owing by the Factor of Hamborough c. 61 Owing by the Factor of Seuill c. 203 Owing by the Factor of Lixborne c. 507 Readie money in Cash 5911 ll  Thus it appeareth that this Merchant hath augmented his Capitall or Stocke nine hundreth and eleuen pounds Losse by the Account of profit and losse being now worth 5911 ll And if he had beene a loser by the Account of profit and losse then must he make his Capitall Debtor and the said Account Creditor to ballance the matter whereby his Stock would haue decreased Now by these proceedings in buying and selling receiuing and paying you may vnderstand all other voyages for what places soeuer taking notice of the diuersities of moneys and calculations of Exchanges alreadie declared in our former Chapters hauing an especiall care to keepe an orderly Cash Booke of all the moneys receiued and payed out which The importance oâ— a Cash Booke as money is Publica Mensura or a right Iudge to set a price vnto euerie thing so may you by the measure thereof truely entred in the Cash Booke find out many doubts questions and vncertaineties
of the sterling standerd this is to be done onely by his maiesties proclamation according to the statut of Exchanges Prohibiting that after three moneths next insuing the same no man shall make any Exchanges by Bills or otherwise for moneys to be paied in forreine parts or to be rechanged towards this realme vnder the true Par or value for value of our moneys and the moneys of other countries in weight and finenesse but at the said rate or aboue the same as Merchants can agree by the meanes of Brokers or amongst themselues The way to restore Englands wealth but neuer vnder the said rate which shall be declared in a paire of tables publickely to be seene vpon the royall Exchange in London according to the said proclamation and the said tables shall be altered in price as occasions shall be ministred beyond the seas in the seuerall respectiue places of Exchanges either by their inhauncing of moneys by valuation or by imbasing of the same by allay as hath beene noted which by a vigilant eye may be obserued and will be a cause to make other nations more constant in the course of their moneys and this will be executed more of course than by authoritie because gaine doth beare the sway and commaund with most men For the Merchant Stranger being here the deliuerer of money generally will easily be induced to make the most of his owne receiuing by Exchange more for our moneys beyond the seas and the English Merchant being the taker of the said moneys will not be so inâ—urious to the State as to giue lesse beyond the seas than the value of our money in Exchange contrarie to the said proclamation and if he would the deliuerer will not let him haue it Besides that the takers occasions are inforced by necessitie and he can be no looser for by direction he will sell his commodities beyond the seas accordingly because the price of Exchange doth still gouerne the sale and buying of commodities as aforesaid English Merchants being the deliuerers of the moneys beyond the seas and the price of Exchange altering there accordingly will haue the like consideration and the Merchant Stranger will prouoke him thereunto and if there be no takers the English Merchant may bring ouer the money in specie wherein he shall become againer The course is agreeable to justice and the law of nations or ius gentium and will not hinder the Exchange to rise and fall as formerly but keepe all in due order with these considerations cautions and preuentions as shall be set downe to preuent all inconueniencies proceeding by the inhauncing of moneys which fall generally vpon all men in the endearing of things Inconueniencies of the inhauncing of coynes particularly vpon land-lords and creditors in their rents and contracts and especially vpon the king maiesties lands The statute of Imployment must also be obserued to make the remedie more compleate with a Register to record the moneys which forreine mariners do receiue for fraight comming from Norway and other places making aboue one hundreth voyages yearely as also many other ships bringing corn into the Northerne and Westerne parts of the real me and exporting moneys for it The pollicie of the Turke and Russian The Turke Persian and Russian haue herein surpassed vs in true policie by keeping the price of their Exchanges high much aboue the valuation of their moneys so that they haue no trade by Exchange nor moneys but onely for commodities whereby they preuent the ouerballancing of forreine commodities with theirs as also the exportation of their moneys albeit the vse of our commodities is in those countries verie great Obiections to the remedie The obiections made by some against this sole remedie are easily to be answered for they are grounded vpon suppositions against assured experience 1 Some make doubt that the price of Exchange being risen there will be no takers of money and then the deliuerer is more thrust vpon the exportation of moneys 2 Others say that those Merchants which haue sold their cloth beyond the seas shall receiue a losse in the making ouer of their moneys from thence by deliuering more there in Exchange than now they do 3 Others say that they shall not be able to vent their clothes according to the high Exchange especially now that cloth is out of request and would haue the matter of reformation deferred vntill another time in their opinions more commodious Answeres The first obiection is answered before That the taker is ruled by the deliuerer who will not giue his money in Exchange vnder the true value according to the proclamation to be made and the deliuerer being the Merchant Stranger here will sooner be thrust vpon the statute of Employment for by the exportation of money he shall haue no gaine whereas some of the discreeter sort would not haue the said statute too strictly pressed vpon the stranger because the trade should not be driuen into their hands Mediocria firma To the second the Proclamation limiting a time for execution giueth Merchants abilitie to recouer their moneys or to sell their Bills of debts for money or to buy commodities for them as the manner is To the third experience maketh a full answere to both that there did not want takers when the late inhauncing at Hamborough caused the Exchange to rise from vnder twentie and eight shillings to aboue thirtie and fiue shillings which is more than the present alteration will be and Wooll was at thirtie and three shillings the Tod which is now fallen vnder twentie shillings so that the vent of our Cloth was not hindered when it was sold deerer by one full third part but there was aboue eightie thousand Clothes sold yearely where there is now sold but fortie thousand Clothes The time is also to be thought more conuenient to aduance a commoditie being vnderualued than to do it when the price is high for this plurisie of the common-wealth is dangerous and admitteth no time of curing like the fire in a citie which permitteth not any inquiries to examine how the same began but requireth euerie mans help to quench the same And wheras it is alledged in the defence of the inhancing of coine Treatise of Free trad E.M. That which is equall to all when he that buyes deere shall sell deere cannot be said to be iniurious vnto any This opinion is without consideration of the alteration of Weights and Measures betweene vs and other nations that is Exchange for moneys and what the same may produce to the losse of the common-wealth albeit that betweene man and man it may proue alike in some respects To make this euident Suppose two Merchants the one dwelling in London and the other dwelling at Amsterdam doe contract together that the Londoner sending Clothes to bee sold at Amsterdam the Merchant of Amsterdam sendeth him Veluets and Silkes to bee sold at London and in the account to be kept betweene them
circumstantibus and empannell them that is To take other persons of the standers by which is done before the Iudge at the time of the Triall When the Iurie haue deliuered vp their verdict Verdict Iudgement and Execution if nothing bee alleaged in respite of judgement then judgement is had of course and alsoe execution is awarded to bee executed as the finall end of Law Neuerthelesse there are three meanes to dissolue the said judgement and execution namely By a Writ of Attaint a Writ of Error and an Audita Quaerela which Writ is grounded vpon Equitie by Law and Conscience The Writ of Attaint is not onely tedious and thargeable Writ of Attaint but also neuer or seldome tried for the same is brought by the partie grieued against the twelue men and the partie for whom the sentence is giuen And whereas before commonly vpon the first enquest they be all Yeomen or men of meane calling now vpon this Attaint must goe twentie foure Gentlemen of greater qualitie and fortie eight must be warned to appeare then there must in the Attaint no more euidence be brought in but onely that which was brought in and alleaged before the first enquest which not appearing of record is hard to bee made a plaine matter againe Gentlemen and others are loth to discredit their neighbours yet if the matter bee so apparant that they must needs find them attainted then meanes are found to deferre the judgement and it may bee the parties shall be brought to an agreement or at the least one of them that was of the attainted Iurors will dye in the meane time and then the Attaint ceaseth yet in this case if the partie be in prison which brought the Writ of Attaint he may be bailed as is in Natura Breuium The Writ of Error is more easie Writ of Error and was heretofore vsuall to prolong suits in Law before the Statute of Ieofaile was made meaning in good French I'ay failly For euerie small Error if it were but false Latine would ouerthrow a Cause but now it runneth into another extreame for if the partie grieued speaketh in arrest of judgement and sheweth some materiall Error vpon motion made the aduerse partie may haue it amended as often as Errors are opened the Record therefore ought to be first remoued and not onely by transcript be put into another Court but the partie is to plead thereunto in nullo est erratum and then the danger of opening Errors is past if there be no trickes vsed in amending of the Records vnder hand wherein lyeth a Cerciorare to satisfie the Court where the Record is brought namely from the Common Pleas to the Kings Bench Court from the Kings Bench to the Exchequer which heretofore was done in Parlement and therefore the partie grieued and in prison of the Kings Bench cannot be baileable vpon a Writ of Error after judgement and execution as hee is vpon a judgement of the Common Pleas in the Court of Kings Bench for this Court of Kings Bench in regard of the Pleas of the Crowne challengeth some prioritie herein The Writ of Audita Quaerela The Writ of Audita Quaerela is graunted out of the Kings Bench Court if the judgement doe depend there and returnable in the said Court or else out of the Chauncerie returnable in the Kings Bench whereupon the Lord Chancellor taketh foure bailes in the vacation Time before a Master of the Chauncerie and the matter doth meerely depend vpon the baile The suggestion of the Writ in matter of Law is a later contract after judgement and execution an escape in Law if the prisoner bee by the Gaoler permitted to goe abroad without the Kings Writ or if he breake prison in which case the Gaoler is to pay the debt or vpon a payment made since the execution also a wrong recouerie by an executor whom the Prerogatiue Court doth afterwards disavow Such and the like suggestions are to be tried by another Iurie vpon euidence to be produced to proue the said allegation A strict Law This Common Law is so strict that the Prouerbe is Summum ius summa iniuria for example If a man seized of lands in Fee hath issue two sonnes the eldest sonne goeth beyond the Seas and because a common voyce is that hee is dead the yonger brother is taken for heite the father dyed the yonger brother entred as heire and alienateth the land with a warrantie and died without any heire of his bodie and after the elder brother commeth againe and claimeth the land as heire to his father in this case by the Law the eldest brother shall be barred by the warrantie of the yonger brother Againe parteners cannot sue each other by the Law Parteners cannot sue each other by the Law if two men haue a wood ioyntly and the one selleth the wood and keepeth all the money wholly to himselfe in this case his fellow shall haue no remedie against him by the Common Law for as they when they tooke the wood ioyntly put each other in trust and were contented to occupie and deale together so the Law suffereth them to order the profits thereof The Law therefore is not compleat without the Courts of Chancerie or Equitie for the imperfection and rigour of it are qualified thereby called to be Aequum Bonum which may bee considered in this case Two strangers ioyntly did deliuer in trust vnto a widow woman a round summe of money with condition not to deliuer the same out of her hands but when they both should demand the same within a while after one of them commeth vnto her and doth assure her by good indices and probabilities that the other his companion is dead and thereupon doth intreat her to deliuer him the money which shee did not suspecting any fraud so the partie went away with the money Afterwards commeth the other who was said to be dead and demandeth the money of the woman and vnderstanding that she had paied the same vnto the other was much offended therewith and caused her to be adiourned before the Iudge The woman appearing did declare the matter according to the truth shewing how the other had deceiued her and she did wholly relie vpon the integritie and justice of the Iudge Example of Law and Equitie Here an Action of the case might haue beene brought against the woman by the law and cause her to seeke the partie that had deceiued her but the Iudge tempering the rigour of the law did giue sentence That the woman should pay the money vnto the partie so as he brought his companion with him to demaund the same according to the couenant they both iointly hauing reposed a trust in her Here I call to mind the question which no Iudge could determine A couetous Doctor at the Ciuile law would not instruct a young Student vnlesse he did pay him a great summe of money whereunto the Student did condescend conditionally that he should