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

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that our Yron is best for the casting of Ordnance and that the Sweaden cast Yron Peeces are brittle and commonly one in seuen will not abide the triall and of late the broken peeces of ours are made seruiceable for Yron in bars to be cast againe Quicksiluer Mines Mercurie or Quicksiluer naturall is not yet found in England but onely in Germanie in verie cold places and within these thirtie yeares there are two Mines of Q●icksiluer discouered in the West-Indies which is a helpe to the quantitie which they yearely buy to refine their Siluer Mines Sulphure Mines or Brimstone Sulphure or Brimstone being found in diuers countries cannot be better than we haue in some mountaines in Wales from whence I haue had diuers sorts of Sulphure earth or mine verie rich Some there is also in Blackemoore and Basedale in York●shire as also many other Minerals which my workmen did shew me Minerals of diuers sorts as Terra sigillata Oacre red and yellow Bole Armoniacke Tera d' Vmbra Antimonie Salniter Blacke lead Vitrioll to be made of Copporas to say nothing of such things as are made of Mettals nor of Salt-peeter which is plentifull Allomes are made o● stone slate and earth And now I cannot omit to treat of the Allomes whereof in many countries great store is made but the best is at Ciu●ta Vecchia in Italie called Romish Allome made with small charges out of a kind of stone which yeeldeth aboue the one halfe of Allome without vsing any vrine or saltish mixture as they do in Germanie where they haue both red and white Allome at reasonable rates so they haue in many places of the Straits at Constantinople Carthagena and other places Sweaden and Poland are not without it In Scotland and Ireland great quantities can be made had not England vndertaken so much whereof I haue set downe the originall progresse and continuance concerning those workes at large the substance whereof followeth in briefe Queene Elizabeth of blessed memorie did in the sixt yeare of her raigne grant by Letters Pattents vnto one Cornelius de Vos the sole making of Copperas and Allomes within the Realme of England which was assigned by him to Iames Lord Mountioy and being renewed for twentie one yeares was confirmed vnto him by an Act of Parliament by vertue whereof one master Lane his workemaster made great quantitie of Copperas in Dorsetshire and the Isle of Purbeke and some Allome and Copperas was then sold at 30 ll the tun now vnder three pounds Afterwards about the yeare 1604 one master Atherton beganne to practise the making of Allomes in Yorkeshire about Gisborough with whom one master Bourchier now Sir Iohn Bourchier Knight did ioyne to bring it to some perfection in hope whereof and at the sute of the said Sir Iohn the King in the fourth yeare of his raigne granted certaine conditionall Letters Patents to the Lord Sheffield President of the North Sir Thomas Challoner Sir Dauid Fowles Knights and the said master Bourchier for twentie one yeares for the sole making of Allomes in Yorkeshire onely where in building of seuen houses and the vtensills for working and charges Aboue Black● Moores with other extraordinaries they were out of purse in two yeares some 33 thousand pounds and could proceed no further without bringing in new men for some of the other gaue ouer in time and would proceed no further although the Germanes were now come which they had sent for There are rich Allome Mines in the Isle of Wight Hereupon other Letters Patents were obtained for thirtie one yeares for all England Scotland and Ireland without conditions and then they were out aboue 40 thousand pounds and no Allomes made to benefit although the price was raised at a certaintie and all forraine Allomes prohibited to come in And his Maiestie hath beene pleased to enter into the said workes and layed out so many thousand pounds as is not fitting to bee expressed Thus by ouercharging the work●s in the beginning are good businesses ouerthrowne many are the particulars which I haue obserued in writing concerning these workes But leauing this I wish good successe therein for there is Allome earth enough to continue for euer and in places West-wards as good and better than any in Yorkeshire Now from the Mines of Gold being fallen to Allome and Copperas let vs end with the Coale pits or Coale Mines Coale Mines whereof they make more account in the North than of Lead Mines and yet they are aboundant more than in any countrey of the world In the lower parts of Germanie about Acon and Collogne they haue great store of Sea-coale but it doth not cake as our Coales they melt great quantitie of yron stone with it being like vnto the Coale in Nottinghamshire or thereabouts which flameth more like vnto the Scots Coales To know the goodnesse of the diuersitie of our Coale I haue noted in the fourth Chapter of the first Part of Weights and Measures and now I am to shew how Mines may bee wrought to benefit and profit for the good of Merchants and others CHAP. IIII. Of the profitable working of Mines PHillip the second late King of Spaine perceiuing that many blind Bayards were ouerbold to vndertake the working of his Mines of Siluer in the West-Indies and yet considering on the one side that without authoritie and priuiledge they could not bee incouraged thereunto and on the other side hauing obtained the same for certaine allotted grounds vnto them they did hinder other men and themselues proceeded not did very aduisedly make all his Letters Patents as wee call them conditionall with a Prouiso A good prouiso in Lettets Patents for Mines That if the Patentees did not proceed in the workes or discontinue the worke for two yeares the Patent was void of course and vpon Certificate made of it the King made new Grants vnto others If our King were pleased to doe so many Grants or Leases made by the Companie of the Mines Royall would be made void and other men would be incouraged to trie their fortunes vpon them The next consideration concerning Mines Mettaline and Minerall is That the workes in the beginning be not choaked or suffocated with extreame charges and expences which doth discourage the vndertaker and all others whereby the works are giuen ouer or meanes are deuised to charge Princes Coffers with them For it is true That things doe prosper best when they are vnderpropped by authoritie it selfe which to doe in the beginning were more profitable than when the charges and expences haue ouerburthened them For preuention whereof I made a contract for the Lead Mines in the North parts which being imitated shall cut off all such charges as commonly the parties doe runne into in the working of Mines vpon the conceited benefit which draweth more violently than the Adamant stone For as the Portugall Antonio Diaz told the King Todos los mineros son Ricos porque quando no
doe not spring the Teast must bee for double the quantitie of your course Siluer and accordingly you are to take more or lesse Lead to driue out three pound of Copper is twentie foure pound Lead requisite but is not to be put all at once then blow vntill the same doe driue off and the Siluer remaineth which take out suddenly c. * ⁎ * CHAP. VIII Of the weight and finesse of Moneys and their seuerall Standards IT is now twentie yeares compleate since Thomas Lord Knyuet sir Richard Martin and diuers other Knights and Aldermen of the citie of London and master Iohn Williams his maiesties Goldsmith and my selfe were in Commission to consider of the Mint affaires of the Tower of London and of the causes of the transportation of the moneyes of the realme and of conuenient remedies to preuent the same The causes were obserued to besix whereof the Weight was the first next the Finesse of our standard then the Valuation of moneys and therein the proportion betweene Gold and Siluer fourthly the abuse of Exchange for moneys by bills wherein all the former were included for we all did set downe that the difference of Weight Finesse Valuation and Disproportion aforesaid According to our certificate were not of themselues true causes of Exportation if there were betwixt countries and countrie a due course holden in the exchange of money but that due course not being obserued then they might accidentally becauses And this course was the cause of the ouerballancing of forreine commodities increased by the immoderate vse of them and neglect to set the people on worke so that the remedie was wholly found to consist in reforming the abuse of Exchange whereof I haue handled at large in the third part of this booke for Exchanges Hereupon conferring the pound weight Troy of 12 ounces with the marke weight of eight ounces admitting one marke and a halfe for the said pound we found with France full three pennie weight ours to be heauier and the Low-countries and Germanie 2 ½ pennie weight or thereabouts with Scotland foure pennie weight and nine graines and alwaies heauier than any other This agreeth with an instruction declared in an old Booke concerning Mint matters in the time of King Edward 3 where it is demaunded What benefit it would be to the King and realme Ouer heauines of the weight Troy if the Troy weight of this realme and the Troy weight of Fraunce Flaunders Spaine and Almayne and of other realmes and countries were of equall weight and size For as much as other countries keep one size and weight whereas the Troy weight of England is heauier in euerie eight ounces by halfe a quarter of an ounce It is answered that the Merchant that brings in bullion doth loose so much and the calculation is made what it was for euerie hundreth weight both for gold and siluer and it followeth there Wherefore this is one great cause that so little bullion comes into the realme and therefore may it please the King to deuise some weight that should be correspondent to the weight of other realmes and call it by some other name than by the Troy weight And it is there thought meet that for information of Merchants and others a Kalender should be made and published A Mint Kalender to shew how much euerie pound weight ounce and pennie weight is worth that the true valuation of Gold and Siluer may be thereby perfectly knowne wherby Merchants and other persons shall giue honour and praise to the King and his Councell for Equitie and Iustice shewed in the Mint There hath been vsed from the beginning in the Mint both Troy and Tower weight Tower weight each of them containing twelue ounces in the pound weight sauing that the Troy weight is heauier by sixteen penie weight vpon the pound weight by which Troy weight the merchants bought their gold and siluer abroad and by the same did deliuer it to the Kings mint receiuing in counterpeaze but tower weight for Troy which was the Princes Prerogatiue gayning thereby full three quarters of an ounce in the exchanges of each pound weight conuerted into moneys besides the gaine of coynage which did rise to a great reuenue making of thirtie pound weight Troyes thirtie and two pound weight Towers which is now out of vse and the Troy weight is onely vsed Subdiuision of the pound weight Troy containing twelue ounces euerie ounce twentie penie weight euerie penie weight twentie and foure grains and euery grain twenty mites euery mite twenty and foure droicts euerie droict twentie periods euerie period twentie and foure blanks although superfluous but in the diuision of the subtile assay which in Scotland are all diuided by twentie and foure from the denier wherof they reckon twentie and foure to the pound Troy so twentie and foure graines Primes Seconds Thirds and Fourths all by twentie and foure And for the marke and pound weight of other countries I do refer the reader to the fourth chapter of weights and measures of the first part of this booke Concerning the pound weight for finesse and allay let vs note that these two make properly the pound weight as being distinguished therein for if it be one pound of fine siluer it weigheth 12 ounces and it is likewise 12 ounces fine Diuision of the pound Troy in finesse but if there be 2 ounces of copper in that pound then is there but 10 ounces of siluer and so called 10 ounces fine and so if there be 10 ounces 16 pennie weight of siluer and so called in finesse then is there one ounce foure pennie weight in copper and so for all other finesses accordingly The like is for the Gold whereof the said pound is diuided into twelue ounces or twentie and foure carrats being two carrats for one ounce and euerie carrat is diuided with vs into foure graines and finesse accordingly From this generall weight of the pound Generall weight Special weight is deriued the speciall weight of the peece according to the standard wherein after that the commixture is made for finesse the peeces must concur in value and thereby is the speciall weight knowne of the peece whereby the monyers cut their peeces The Sheire it being the direction for the sheire vnto them which peeces they cut by their weight deliuered them accordingly and herein they are to vse good and exact sizing to preuent the culling of moneys for the transporter or the gold-smiths for melting them for to conuert into plate Concerning the finesse of the moneys of other countries with their weight and number of peeces in the Marke of eight ounces which I haue reduced to the pound Troy of twelue ounces I haue here made a plain declaration as followeth to instruct all Merchants and Gold-smiths therein for the common good obseruing that some men not ouer wise in Mint affaires perceiuing the Marke to be diuided into 24 carrats for gold
of these two Lords were like vnto Phaetons horses for all was set into a combustion and the poore men went begging homewards to our exceeding great losse of the benefits in expectation our Mines being richer than those of the West-Indies wherof I haue made and caused to be made many trialls of aboue twentie seuerall sorts of Siluer Ores The two Mines of Muggleswike and Wardall at Duresme containe sixe and eight ounces of siluer in the hundreth which being fallen in Siluer Mines at Duresme may with a reasonable charge bee brought in working according to the information which I tooke of the inhabitants there at which time I did intend to goe further into Lancashire to Slaithborne Mine Slaithborne Mine in Lancashire holding aboue foure ounces of siluer in the hundreth but being in the Winter time and the weather very foule I was diuerted not without discontent because it is the countrey where my ancestors and parents were borne The Siluer Mine at Combmartin in Cornewall Combmartin in Cornewall holdeth tenne ounces in the hundreth where Sir Beuis Bulmer did worke for a time which is deepe and ouerflowne with water but there are diuers branches of that Mine running many miles off spread into the earth and within these two years some Ore was sent me from Barnestaple of a branch of that Mine Mines of siluer by Barnestaple lying within one foot and a halfe of the superficies which vpon diuers trialls of one pound weight at once holdeth by computation aboue ten ounces of Siluer but little Lead for euery pound did produce aboue two penny weight in Siluer and is not difficult in the melting The partie in whose ground it is found will not haue it touched nor medled with fearing his grounds shall be spoiled and the Mine taken from him which is knowen aboue halfe a mile of one foot broad Howsoeuer I thought good to remember this for our posteritie for there may come a time that industrious men shall be more regarded It were also iniurious Siluer Mines of Scotland if I should not remember the Siluer Mines of Scotland especially that Mine which lyeth in the grounds of Sir Thomas Hamilton Knight Lord Aduocate of Scotland within eighteene miles of Edenborough towards the sea side discouered in the yeare 1607 by meanes of a Collier as I am informed In the report of the goodnesse of this Mine hath beene very great diuersitie according as they found the Ore of seuerall veynes as wee haue noted before for the blossome of Siluer Ore A singular good obseruation or the small veynes cannot giue true direction of the richnesse of the Mine which is the cause that the Spaniards in the West-Indies hauing found any veyne of a Mine they will pursue the same towards the East and seeke to find out as it were the Trunke or Body of the Tree which they call Beta saying Es menester siempre buscar la Beta de la mina Wee must alwayes seeke after the bodie of the Mine which may bee sometimes three or foure foot broad when the veynes are like an arme or finger and according to the triall made thereof they giue their iudgement not by the triall of the subtile assay but by some good quantitie and increasing their said trialls by some additements fit for the nature of the mettall Ore as they iudge the same to be For all diseases cannot be cured with one remedie in all persons although the disease be alike so may it bee said of those that make trialls of the Ores of mettalls for some trialls did report 80 pound of Siluer in one hundreth weight others 60 ll 40 ll 35 ll and 20 ll and then it fell into ounces which was more reasonable and naturall as I informed then some Priuie Councellor Triall of one tun of Ore by Sir Beuis Bulmer and the said Sir Beuis Bulmer whereupon it pleased his Maiestie and the Lords of the Right honourable Priuie Councell to appoint tenne Tunnes of the said Siluer Ore to bee brought into the Tower of London whereof one Tunne of twentie hundreth weight was indifferently taken and calcined or grinded together and thereunto were two Tuns of Lead added and commixed and afterwardes molten by a continuall fire and hand-blast of foure men according as I haue noted in writing And there was a cake of siluer remaining weighing 17 ½ ounces and the extraction out of the Lead was some foure or fiue ounces more so that it was reported to bee 22 ounces in the hundreth weight of Ore but the charge was great There was also another triall made by William Beale with a farre lesser quantitie of Lead and roasting the Ore and by Master Broad and others as Master Russell who refined the same with the flag of Lead others by Lead Ore to saue charges and they all found aboue 22 ounces of siluer in the hundreth weight of Ore And so did Sir Richard Martin Knight Master worker of his Maiesties Mint lately deceased who deliuered vnto mee at times 20 pound weight of the said Ore grinded shaddered and washed which I did send beyond the seas vnto an expert Mint-master and withall a particular of the manner of trialls which euery man had made here as also of the triall made by the Portugall with Quickesiluer who found 23 or 24 ounces his answere was That vpon his first triall hee found 42 ounces of the other lesse and that the ore was easie to be wrought but not by the meanes that all those men had vsed and with lit●le charges and that the manner to refine with Quickesiluer was good for poore Mines of two or three ounces where the Ore had little or no Lead Colour of the Ore of Scotland and that the commixture of the Mine was very brittle and Bel-mettall and so did all the other Refiners affirme For the said Ore doth looke betweene white and blew for the most part and is like the Bell mettall found in good quantitie about Bristoll which is vsed to make some kind of Alkemie beyond the seas and this must bee allaied to qualifie the brittlenesse with some minerall of all which I haue made a record in my Booke of Collections Great quantitie of Siluer Ore In the moneth of August 1608 there came two ships before the Tower of London from Scotland laden with some 400 barrels of this siluer Ore in weight some hundreth tuns lading which were there landed deliuered vnto the Lord Knyuet Warden of the Kings Mint whereof 20 tunnes was taken promiscuously and grinded and afterwards also distributed vnto diuers Refiners and others and the triall of master Broad was best who found 28 ounces in the hundreth of Ore Of this quantitie Sir Richard Martin had three tuns whereof some was sent to my friend beyond the seas Interim these trialls and conclusions so differing brought the said Ore together with other proceedings into some disgrace whereupon according vnto commission giuen mee I