Selected quad for the lemma: master_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
master_n	abandon_v	demand_v	salt_n	21	3	9.9864	5	false

Text snippets containing the quad

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

of Antuerp the Factor in this case Exchange and Rechange doth accept from time to time many Billes of Exchanges and payed them accordingly and taketh vp the mony by the direction of E.F. of Amsterdam for Spaine and other places and so continueth the same for a long time by way of rechange from one place to another vpon the said credit of A.B. of London At last this Factor C.D. becommeth suspitious because of this long continuance of mony by exchange and rechange and writeth vnto the said A.B. of London to know whether he is contented to continue his former credit by him giuen to E. F. of Amsterdam A. B. continueth the same but with a limitation to a certaine summe Limitation of Letters of Credit not knowing what summe of money the said C.D. was engaged for the said E.F. of Amsterdam for C.D. gaue him no notice of it at that time hereupon it falleth out that E.F. of Amsterdam becōmeth insoluent and being much indebted vnto C.D. the Factor of Antuerpe this Factor requireth his satisfaction at the hands of A.B. of London according to the former Letter of Credit A.B. doth answere That he had restrained and limited the said Credit to a certaine summe which indeed did cut off all former matters seeing C.D. gaue him no notice of the moneys owing before and A.B. was onely to answere for the money which was taken vp by the second Letter of Credit according to the summe limited otherwise A. B. had beene cleered of all But if C.D. did continue those monyes by exchange and rechange vpon the credit of A. B and the Factor with whom hee had correspondence doth become insoluent and thereby C.D. the Factor is damnified and payeth the monyes running by exchange or is bound to pay the same This Factor is to be saued harmelesse by A. B. because hee tooke vp or caused to be taken vp The Efficient Cause alwaies to be regarded the said monyes originally So that his Credit was the Efficient Cause of it and the Factor is to bee regarded herein in all reason If a Factor doe accept Billes of Exchanges of a Merchant with order to Rechange the same againe vpon him or to take it vp by exchange for another place or places where he the said Factor shall find it to be for the most benefit of the Merchant if this Factor take vp the same according to his best skill and knowledge although it be found contrarie to the Merchants intention the Factor is not to be charged and the Merchant is to saue him harmelesse for the principall with exchange rechange and all charges of factoridge If a Factor do make ouer money for another mans account by exchange vnto another man or Merchant before he haue notice that this Merchant is broken and the Bills of Exchange are not due this Factor hath authoritie to countermaund the payment of this money although the partie vpon whom the Bill of Exchange is directed had accepted the same And if the said partie should pay the same before it was due he is to repaie the same againe to the said Factor as hauing paied it in his owne wrong contrarie to the custome of Merchants in exchanges If a Factor do fraight a ship for some voyage to be made Fraighting of ships going and comming for a Merchants account and by his Commission or order wherof a charter partie of fraightment is made by Indenture between him and the Master of the ship this Factor is liable for the performance thereof and to pay the fraight and all things accordingly But if the ship be only fraighted outwards and the Factor ladeth the same with some goods then these goods are lyable for the fraight and the Master can demaund nothing of the Factor by the charterpartie but must looke to be paied by the partie that receiueth the goods according to the Bill of lading whereby it is conditioned Bills of lading that the fraight shall be paied vpon the receit of the said goods And so is it also if a ship be fraighted to go to diuers parts as it were bound from one place to another and to be free in the last place of his discharge for the Master must still haue an eye to be secured by goods vnlesse there were an expresse Condition made in the charterpartie to the contrarie or that the ship were fraighted by the Great for a certaine summe of money to be paied by an agreement If a Factor do fraight a ship for another man or for his owne account and when it commeth to the place appointed to vnlade there are no goods to relade the same or there wanteth money for the lading thereof if the Master doe not stay out all his daies of demourer agreed vpon by the charterpartie of fraightment Protest for not lading and make a protest against the partie that he was consigned vnto to giue him his lading within that time but commeth away before that time be expired and although he maketh a protest for that he is not laden yet the Factor is to pay him no fraight at all vnlesse for the fraight outwards it were conditioned by the charterpartie But if the Master do stay out his time then the Factor is to answere the fraight although the Master had laden his ship with Salt for his owne account for if the said ship had bin laden only with Salt by the Merchant which it may be would not pay halfe the fraight yet the Factor or Merchant may at their pleasure abandon the same to the Master for his fraight Goods to be abandoned for the fraight and the Master can demaund no more of the Factor by the charterpartie But if the Master do take in Salt and ladeth his ship by his owne meanes before the daies of demourer are expired and that by some condition made with the Factor he may claime fraight then the Factor is to haue the benefit of the Salt in defalcation of the said fraight If a Factor do fraight a ship for a Merchant and afterwards the said ship is taken to serue the king for some few daies within the time agreed vpon for the lading and hereupon the Merchant disclaimeth the fraighting of the said ship albeit the Factor did proceede to lade the same In this case the Factor is not to beare any losse but what damage shall be adiudged to the Master the Merchant is to saue the Factor harmelesse of it If a Factor do hire a ship by the moneth for another Merchant or for his owne account and ladeth the same being readie to depart afterwards the king maketh a generall Embargo or restraint vpon all ships for a time the Master cannot demaund any fraight of the Factor for and during the said time of arrest And if the ship be vnladen againe and employed in the kings seruice the Factor is free of all agreements or couenants with the Master Money giuen for fraighting If a Factor do receiue

credit which they haue obtained in generall The money then remaining in the Bankers hands is imployed by them to other vses and purposes First they doe deale with great Princes and Potentates The Bankers trade that haue need of money for the maintenance of their warres as the Geneuoises and Germanes did with the Emperor Charles the fifth during the warres in Germanie and as the Florentines and others haue done with Phillip the second king of Spaine and also with his sonne Phillip the third late raigning causing him to pay 20 25 30 and more in the hundreth by way of exchange and rechange supposed to happen accidentally Secondly they ingrosse thereby diuers commodities into their hands and lastly they carrie thereby a predominance in ruling the course of exchanges for all places where it pleaseth them by reason whereof the citie of Amsterdam to countermine them haue in the yeare 1608 also erected a verie great Banke The beginning of the Banke at Amsterdam for the which the said citie hath vndertaken to answere whereby they are alwaies stored with money as appeareth that the same is plentifully to be had at interest at six and seuen in the hundreth by the yeare and some at fiue and vnder This custome is now so setled there that it is as effectuall as any law Of the breaking of some of these Bankes Bankrupt is the name Bankrupt deriued for when Princes do not accomplish with them then they cannot hold out vnlesse they haue great estates of their owne Philip the second king of Spaine in the yeare 1596 was constrained to giue Facultad Reall that is to say A Facultie Royall or Protection A Power or Facultie Royall or a Protection vnto the Bankes of Madrill and all their associates for foure yeares commaunding that all those that had dealt with them in matter of Exchange Interest Contracts Letters of Credit or any manner of wayes publickely or secret and with all their knowne or vnknowne partners should not be compelled to pay any money to their creditors vntill the yeare 1600 but in the Interim they should at euerie 6 moneths receiue interest for their mony after the rate of seuen pro centum for the yeare and if any man could not forbeare his mony he was to deliuer the fourth part more in readie money and so accounted together with the interest due at seuen vpon the hundreth the two thirds of all was to be paied him and the other third was to continue during his life with allowance of the said interest and this was to be obserued in the kingdomes of Castile Arragon Portugall and the Low-countries as also in the kingdomes of Naples Sicilia and the State of Milan and finally in all kingdomes and dominions vnder him for so are the words and in all his warlike forces by sea and by land This did bring the Bankes in great discredit and the West-India trade was much interrupted by it and so continued during the said king his life time and after his decease moneys haue not beene plentifull in Spaine insomuch that in the yeare 1608 his sonne Philip the third did giue the like Facultie Royall to all men that were to pay money at the returne of the West-Indies fleet for one yeare paying but 3 pro cent to their creditors for the forbearance CAHP. XXI Of the Fraighting of ships Charterparties and Bills of lading HItherto we haue beene buying and dealing in commodities and now it will be time to aduance our commerce or trafficke and to fraight Ships for the purpose to transport ouer commodities No Ship should be fraighted without a Charterpartie meaning a Charter or Couenant betweene two parties the Master and the Merchant and the Bills of lading do declare what goods are laden Bills of lading and bindeth the Master to deliuer them well conditioned to the place of discharge according to the contents of the Charterpartie binding himselfe his ship tackle and furniture of it for the performance thereof Of these Bills of lading there is commonly three Bills of one tenor made of the whole ships lading or of many particular parcells of goods if there be many laders and the marks of the goods must therin be expressed and of whom receiued and to whom to be deliuered These Bills of lading are commonly to be had in print in all places and in seuerall languages One of them is inclosed in the letters written by the same Ship another Bill is sent ouer land to the Factor or partie to whom the goods are consigned the third remaineth with the Merchant for his testimony against the Master if there were any occasion or loose dealing but especially it is kept for to serue in case of losse to recouer the value of the goods of the assurors that haue vndertaken to beare the aduenture with you whereof wee shall intreat in the following Chapters The persons that are in a Ship may bee thus in order which although they differ in names in many languages yet they are all one in effect The Master of the Ship the Pilot the Masters mate the Ship-wright or Carpenter the Boats-man the Purser the Chirurgeon the Cooke and the Ships boy All the rest are vnder the name Marriners all these are distinguished in hires and fees in all Countries The Master therefore doth couenant by the Charter-partie Charter-party to find a sufficient Pilot and all other the foresaid Officers and Martiners and to prouide Shiptycht Masts Sayles Roapes Tewes Anchors Ship-boat with fire water salt and all things necessarie at his owne expences And this Charter-partie so made on the Masters part doth commonly declare that it is and all things therein contained according to the Law of Oleron according to which Law Law of Oleron if there bee no writing made and but an earnest giuen then the Merchant if he repent loseth his earnest but the Master if hee repent loseth the double of the earnest Againe if the Ship bee not readie at the day appointed in the Charter-partie to goe to Sea the Merchant may not onely free himselfe of her except hee hold his peace and discharge her not for then by his silence he seemeth to consent Qui Tacet consentive videtur but also shall recouer charges interests and damages except the Master shew some excuse of some pregnant occasion or mischance which could not bee auoyded and then he loseth onely his fraight because he hath not deserued it But if the fault be in the Merchant he shall pay the Master his damages or according to the Rhodian Law Rhodian Law shall entertain the Ship and Company ten dayes and if then he stay longer shall pay the fraight of all accordingly and further shall answere for all hurt and damages happening by fire water or otherwise after the time appointed It is true that the Rhodian Law chargeth the Merchant in this case but with halfe the fraight and the Master with the whole fraight if he faile

the Lighter because it is a certaine rule That goods are lyable onely to contribution when ship and goods come safe to the Port. Item contribution should be for the Pilots fee Contribution for Pilots that hath brought the Ship into an vnknowne Port for her safegard as also to raise her off ground when the fault is not in the Master So is it when two Ships rush and crosse one ouer another and the company sweare that it lay not in their power to stay the same contribution must bee made for the repairation of both their losses but not so if one of them perish for which an Action may be brought against the negligent Master or Mariner who did make her loose And therefore if such a chance doe happen in the day time by a Ship vnder sayle against a Ship riding at Anchor then the Master of that sayling Ship shall make good the damage and hurt of the other to the vttermost and the like shall bee done if in the night the riding Ship doe put forth fire and light or make any crying to forewarne the other It also appertaineth to this Argument If some sort of goods as Salt or Corne be laid on heap by diuers parteners in one Ship without distinction and that the Master deliuer to any of them their due measure and before the rest receiue their measures the remaining Salt or Corne washes or loses he that had the hap to bee first serued enioyes it fully without any contribution to the parteners First come first serued because when these goods were put into the Ship it was deliuered to the Master Tanquam in creditum and so hee is become owner as of money lent which men are not bound to redeliuer in the selfe same pieces but in value or such like coyne except there bee some condition past to the contrarie And albeit this is not to be imputed vnto the Master as a fault yet if hee that receiueth a losse thereby will bring in this as an Aueridge and charge the assurors with contribution it is vniust for the reason aforesaid and the Master must of necessitie deliuer to one man before another And therefore in the next Chapter wee will set downe the manner of execution for contributions otherwise called Aueridges Concerning the danger and aduenture of Letters of Mart Letters of Mart. or Contremart Siue ius Reprisaliarum or Letters of Marque euery one knoweth that men hauing these Commissions or Letters from their Prince are very vigilant in all places to surprize Merchants Ships and goods for in this one extremitie doth inforce another extremitie when a man is oppressed with robberie spoyles and violence on the Seas by men falsly professing friends in such sort that no petition intercession or trauell can procure a mans right but that the subiect of one Prince hath open deniall of iustice or restitution of goods cannot be had at the hands of a subiect of another Prince nor of the Prince himselfe who should suppresse iniuries and wrongs Then because such vniust dealing doe import iust cause of hostilitie and warfare may these Letters of Mart bee procured to the end men may haue restitution or recompence of their losses especially because these proceedings seeme to denounce a warre without any Proclamation shewing vnto other Nations the like distastfull fauours as they shew vnto vs which are allowed to bee done by Customes Reasons and also by Statute Law in Scotland and afterwards in England The assurors therefore cannot bee fauoured herein Detainment of Princes The next is Arrests Restraints and detainements of Kings and Princes and of all other Persons happening both in time of warre and peace committed by the publike authoritie of Princes as also by priuate persons both wayes dangerous Priuiledged Ships There are in all Countries Priuiledged Ships and Boates seruing the Countrey or the Prince which haue great Prerogatiues and are free of Impost and Customes and not subiect to arrests therefore the assurors are not to care for them for they are to serue the Prince and all Ships are subiect to this seruice vpon command and if they refuse their Ships are forfeited by the Sea-lawes therefore in these cases the fauour of the Admirall is alwayes required It is an ordinarie matter in Spaine and Portugall to make an Embargo vpon all Ships at the departure of the West-India Fleet or the Carrackes for the East-Indies and many times vpon other occasions whereby Merchants Ships being laden are much hindered especially if it bee with Wines Oyles Raisons and such like perishable wares Now if the owner of the goods shall thinke that his wares doe perish lying two or three moneths laden or if it be Corne that may become hote and spoyled hee may renounce these goods or wares to the assurors and thereby bring a great losse vpon them Yet neuerthelesse he shall not need to abandon the goods for by the Policie of assurance it is alwayes prouided That in case of any misfortune it is lawfull for him A Prouiso in the Policies of assurance his Factor or Assignes or his Seruants or any of them to sue labour and trauell for in and about the defence safegard or recouerie of the goods and any part thereof And that the assurors shall contribute each according to the rate and quantitie of the summe by him assured So that albeit that it doe fall out that the goods be not vtterly lost when the Ship is cast away the assured must recouer his whole money because hee hath authoritie by the Policie of assurance to recouer them or any part of them as aforesaid and he is afterwards to yeeld an account thereof for so much as doth concerne euery man ratably otherwise the assured should bee discouraged if by those meanes he should make his assurance intricate and subiect to all cauilations and to the interruption of so necessarie and laudable a Custome as the matter of assurance is Therefore as in the matter in hand wee haue a care for the assurors that they should not bee deceiued by those that cause assurances to bee made so on the other side we would auoid to minister any occasion wh●reupon they might become quarrelsome but that all should be left to the Commissioners determination who are or should bee at the least best able to examine the premisses Now concerning the Arrests of particular persons Arrests vpon Ships vpon Ship or goods the assured can make no renunciation to charge the Assurors with any losse either in the totall or part because vpon caution giuen to answere the law the ship or goods arrested are instantly cleered in all places either heere or beyond the seas where the arrests are made wherein the iurisdiction of all courts for sea-faring causes are verie carefull to see expedition vsed Barratrie of the Master and Mariners can hardly be auoided Barratrie of the Master but by a prouident care to know them or at the least the Master

pay for all and the ship shall also be liable thereunto according to indifferent iudgement If by storme a ship breake loose and run vpon another and indamage the same the losse to be repaired as aforesaid If a ship receiue damage by the anchor of another ship hauing his boy the same is to pay the damage and if both ships be in fault then the same to be borne proportionably When a ship is safely arriued to his place of discharge the Mariners are to be diligent to looke to their discharge Of discharging of ships and deliuering of goods vpon paine of halfe wages No Master shall sell any of the ships victuals vnlesse it were to preuent some losse and so bring the money to account or vpon necessitie of others to helpe them in distresse and the remaining victuals he is to deliuer to the Owners and the Mariners shall take no part thereof after discharge and the Purser of the ship is to looke to the safe keeping of it The Mariners are not to cast the ballast into the water but to cause the same to be carried to the appointed place Of the Masters reckoning and of the lading c. The Master is to deliuer instantly vpon his discharge a true account c. The portage of Mariners shall not bee allowed for Spaine nor France c. but when they are laden with salt then they may haue it homewards Of wagesextraordinarie The mariners deseruing well are to haue certaine extraordinarie wages and in all accidents and sicknesse to be prouided for all which is agreeable to the sea lawes before declared CHAP. XXXIIII Of Nauigation and Communitie of the Seas TRafficke and Commerce without Nauigation would be of small moment therefore euen as God the Author and Creator of all things hath made of the waters and earth on perfect globe for their more mutuall seruice to mans vse so hath he also distributed his seueral and distinct Blessings to diuers Climats to the end that by supplying the barrennesse of some things in one countrie with the superfluities and fruitfulnesse of other countries there might be a communication and entercourse betweene all nations by way of Traffick and Commutation of things interchangeably whetby one Common-weale should liue with another so that Trafficke betweene all people hauing peace one with another is free And according to the common right of mankind The law of Nations ●ure Gentium the Nauigation through all the world is no lesse free and open to euerie one than the vse of the ayre God hauing so disposed of the foure Eliments two to swim aboue mans head and two to lie vnder his feet the Earth and the Water Hence it proceedeth that passage both vpon land and sea through all Christian regions is and hath beene so indifferently permitted to all persons of all nations euen to Turkes Iewes Barbarians and Pagans not being professed enemies much lesse to be restrained therefore of Christians in all respects both by land and vpon the seas vnderstanding the great maine Ocean seas which cannot be hindered but by the right of wars This excellent art of Nauigation is now so much practised and knowne that the voyages heretofore performed by sir Francis Drake knight and after him by master Candish sayling round about the globe of the earth in lesse than three yeres time is become no matter of admiration and may be done in far shorter time as dayly experience doth proue Maruellous is that naturall propertie of the Magnes called the Loadstone or Adamant stone Of the variation of the Compasse whereby the needle of the Compasse being touched immediately turneth to some one certaine point of the heauens and after sundry motions hither and thither findeth rest onely in one place and point And albeit this point in seuerall Horizons be different yet in any one Horizon it remaineth permanent and therefore it plainely appeareth that the same proceedeth of some constant permanent cause naturall and not of any vncertaine cause accidentall but what this cause should bee is hitherto vnknowne The most probable and best allowed is the point Attractiue which should be of such vertue as to draw the needle touched alwayes towards the same point affirming that there is a great rocke of Magnes stone distant from the Pole certaine grades I haue of late yeares seene a Magnes stone which the partie said to haue had from a rocke in Sweathland which weighed not much more than one pound and such was the Attractiue power of it that thereby an Anchor of thirtie pound weight was drawne vp as my selfe and diuers others haue made triall of howsoeuer this Mathematicall reason following is worthy the consideration of a good iudgement As the Axis of the earth notwithstanding all other motions remaineth as it were immoueable and yet in respect of the Sphericall forme of the earth in euery seuerall Horizon maketh a line Meridionall by reason of the Section made in the superficies of the Horizons by Meridians hauing all that Axis as their common Diameter So may it also come to passe of the line of the needle and his variation the needle being alwaies permanent in one plaine superficies according to the seuerall Section of the plaine wherein it resteth and the Horizon there may continually bee made in euerie plaine new variations For a fimile as in a paire of ballance of equal weight there is a certaine motion too and fro before they find their true place of rest the same being onely in the leuell of the Horizon which commeth to passe by the Attractiue Center of the earth who drawing vnto him either weight with like fo●ce finding the substance like also compelleth them to rest in the superficies like distant from that Attractiue Center so in the needle being a bodie indued with two seuerall properties the one of Grauitie and the other of Leuitie which being equally peized forceth him to abide in the Horizon the other being Magneticall and receiued by the touch causeth him to rest alway in that one Meridian to the Magnes appropriate it thereby commeth to passe that after sundrie ballancing this way and that way it onely settleth in the common Section of this peculiar Meridian and Horizon So that euen as in Dialls the line of the stile onely accordeth and concurreth with the Meridian line in such as are void of declination but in all such plaines as are declinatorie the line of the Stile varieth from the Meridian line and the same Angle of variation also altereth as well in respect of inclination as declination so it may be supposed this variation of the Compasse to be nothing else but the Angle comprehended betweene the Meridian line and the common Section of the Magneticall Meridian to the Horizon in the Horizonceall plaine and this Angle to bee alwayes exactly equall to the Angle contained of the Meridian line and line of the Stile the Longitude of the place proponed accounted from the Magneticall Meridian being equall