six pence and withall he did write vnto other Princes concerning the same and Commissioners came ouer about it but all was in vaine whereupon he gaue an absolute authoritie to Cardinall Wolsey by letters patents as followeth HENRIE the eight by the grace of God King of England and of Fraunce defendor of the Faith Lord of Ireland to the most reuerend Father in God our most trustie and most entierly beloued Councellor the Lord Thomas Cardinall of Yorke Archbishop Legat de Leicester of the See Apostolicke Primat of England and our Chauncellor of the same greeting For as much as coynes of moneys as well of gold as of siluer be of late daies raised and inhaunced both in the realme of France Francis the French King and Charles the fifth Emperor as also in the Emperors Low-countries and in other parts vnto higher prices than the verie poiz weight and finesse and valuation of the same and otherwise than they were accustomed to bee currant by meanes whereof the money of this our realme is daily and of a long season hath beene by sundrie persons as well our subiects as strangers for their particular gaine and lucre conueyed out of this realme into the parts beyond the seas and so is likely to continue more and more to the great hinderance of the generalitie of Our subiects and people and to the no little impouerishing of our said realme if the same be not speedily remedied and foreseene We after long debating of the matter with you and sundrie other of Our Councell and after remission made vnto outward Princes for reformation thereof finding finally no manner of remedie to be had at their hands haue by mature deliberation determined That Our coynes and moneys as well of Gold as of Siluer shall bee by our Officers of our Mint from henceforth made at such finesse lay standard and value as may be equiualent correspondent and agreeable to the rates of the valuation inhaunced and raised in outward parts as is afore specified whereupon Wee haue giuen commaundement by Our other Letters vnder our great Seale to the Master Warden Comptroller and other Officers of Our said Mint and to euerie of them to see this Our determination put in execution of the said coynes by Proclamation or otherwise as in the print coyne stroake of the same Wherefore by these presents Wee will and authorise you to proceed not onely from time to time when you shall seeme conueniently by aduice of such other Our Councell as you shall thinke good to the limitation description and deuising how and after what manner and forme Our said coynes and moneys may be brought vnto the rates and values finesse lay standard and print by you and them thought to be requisite but also to appoint Our said Officers of Our Mint duely to follow execute obey and fulfill the same in euerie point according In which doing these Our Letters vnder our great Seate shall be your sufficient warrant and discharge any Act Statute Ordinance or Law or other thing whatsoeuer it be to the contrarie notwithstanding In witnesse whereof We haue caused these presents to be sealed with Our great Seale at Westminster the 23 day of Iulie in the eighteenth yeare of Our raigne c. Graftons Chronicle doth record that all was to no purpose for the inhauncing might on both sides haue run ad infinitum Afterwards in the two and twentieth yeare of his raigne finding that Merchants did transport still the moneys or made them ouer by exchange and made no imployment vpon the commodities of the realme he caused a Proclamation to be made according to an old statute 14 Richard 2 Statute of imployment That no person should make any exchange contrarie to the true meaning thereof vpon paine to be taken the Kings mortall enemie and to forfeit all that he might forfeit Hereupon it fell out that lawlesse necessitie did run to the other extreame of imbasing the moneys by allay whereby all things came to be out of order For base money maketh euerie thing deere Base moneys and ouerthroweth the course of exchange betweene Merchants and causeth much counterfeit money to be made to buy the commodities of the realme and to destroy the good moneys like vnto the seuen leane Kine of Pharaoth which deuoured the seuen fat Kine in a short time as appeared of late within the realm of Ireland which is more dangerous in those kingdomes where their moneys are of a rich standard whereby many commotions happen Commotions about base money as in Fraunce during the raigne of Philip le Bell. And Peter the fourth King of Aragon did for this cause confiscate the Islands of Maiorca and Minorca now kingdomes in the Mediterranean sea whereas the policie of those nations which do vse seuerall standards of moneys doth preuent the same because that promiscuously they make and coine moneys of seuerall standards according to the occasion which is worthie the obseruation ☞ and as all extreames are vicious and defectiue so doth it befall those countries which will haue no base money at all and are made a prey vnto other nations by the exchange for moneys which must be maintained withall as I haue made and shall make more apparant Proportion betweene gold and siluer The third effect or alteration of the Kings Valuation of money is the Proportion betweene gold and siluer being in most countries twelue to one that is to say one pound of siluer for one ounce of gold wherein there is more operation than most men do imagine For you cannot aduance or inhance the one but you abate and diminish the other for they ballance vpon this paralell And whereas England by continuance of eleuen to one hath beene a great looser of gold so now by aduancing the same not onely to twelue to one but to 13 ⅕ for one there hath followed a verie great losse of our siluer which is ouer much abated as may appeare if we do but consider that the French Crowne of sixe shillings was answered with six shillings in siluer and is now full seuen shillings and foure pence and our six shillings in siluer are the verie same for twelue ounces of Crown gold of twentie and two carrats at 3 ll 6 ss maketh 39 ll 12 ss and 108 French Crownes the which are made out of the pound weight of twelue ounces at seuen shillings foure pence maketh also 39 ll 12 ss Hereupon to equalize the siluer vnto gold againe will breed a generall inhauncing of things within the realme for the alteration of the measure of moneys causeth the denomination to follow in number to make vp the tale which requireth great prouidence Exchange fallen by the inhauncing of gold in the Low-countries For we find that other nations perceiuing our gold to be inhanced haue abated the price of exchange according to which the prices of commodities are ruled so that the same goeth at thirtie and foure shillings six pence or thirtie
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 a summe of money of the owners of a ship in consideration that he fraighteth the said ship for a voyage promising to repay the said money at the returne of the said voyage if the said Factor haue fraighted this ship for another mans account this Merchant is to haue the benefit of this money during the time and
also dangerous to fraight vnknowne ships which may be subiect to other mens actions and that in many places where wind and weather may command them to enter for ships are properly reputed amongst moueables Quia non sunt immobilia Of shipwrights Here the ship-wrights or builders of ships are an especiall sort of persons to be considered and respected called by the Grecians Naupegi who are subiect to the iurisdiction of the Admiraltie and to render an account of their skill and knowledge in the building of ships to make the frame thereof comely and strong tith and durable or else pay the penaltie to be imposed vpon them for all costs and damages therefore they are to prouide good materialls and refuse to take bad stuffe as Aller Beech trees and such like spungie timber for salt water whereunto Merchants must haue a speciall regard and looke that no greene timber be put in the worke but such good Oake as hath beene cut downe either at the wane of the Moone and in the deepe of Winter or at such times as experience proueth wood to be most sollid and durable for being cut in other seasons and dried vp it becommeth open to receiue the water and consequently the aire which is the cause of putrefaction in all things vegitable Concerning yron they are also to haue a care it be not brittle and that all be performed with great care Shipping being the walls of the kingdome of England and ship-wrights are forbidden vnder paine of treason to communicate or make their art knowne vnto enemies or barbarous people Nauigation dangerous From shipping let vs come to Nauigation of the necessarinesse whereof no man euer doubted and whose perills are alwaies eminent insomuch that Anacarsis said That trauellers on the seas were no further from death than so many ynches as the timber of the ship was thicke or broad according to the saying of the Satyre Digitis à morte remotis quatuor aut septem si sit latissima tâ—da Whom Bias the Phylosopher would neither reckon amongst the liuing nor those that had life infused And he was esteemed to commit a great error that would bring any goods by sea which he might transferre by land whereof more hereafter No man can be prohibited to saile on the maine sea albeit in some places where the waters are as royalties vnto them it be prohibited as the Venetians do in the Adriaticke lake and other Princes and Common-weales in their iurisdictions and commands which hath beene obserued time out of mind and is taken for a most ancient prescription If a ship bound for Venice doe enter into the Riuer of Lixborne and there deliuer some goods or merchandises and afterwardes entring into the Straights of the Mediterranian Sea be driuen by contrarie windes to some other place or Island in the said Seas and then make after that his discharge at Venice Sayling from Port to Port. all this time of the voyage is but one Nauigation and the Master of the ship hath committed no fault and done his endeuour if hee did depart from his first Port at the appointed time by the Charterpartie limited But for as much that wee haue alreadie intreated of his duties to the Merchant let vs in the next Chapters remember Nauigation with the communitie of the Seas and now make an abridgement of the Imperiall Sea-lawes of the Haunce Townes CHAP. XXXIII An abridgement of the Imperiall Sea-lawes of the Haunce Townes made in the yeare 1614. HAuing alreadie in the precedent Chapters declared the Sea-lawes generally obserued in all Countries and that in compendious manner I haue thought good neuerthelesse to abridge in this place the Imperiall Sea-lawes of the Haunce Townes as they haue beene reuiewed and exactly set downe by the Magistrates of all these Haunce Townes at an assembly in the famous Citie of Lubecke the 23 day of May 1614 vnder 15 Titles in seuerall Articles as in the margine is declared No man shall set forth or cause any ships to bee builded in any of our said Townes vnlesse hee bee a Citizen Of the building of ships or haue obtained leaue of the Magistrate No Master of a ship shall vndertake to build a ship in their parteners absence vnlesse he doe it at his owne charges and be able to set her forth alone vpon paine of halfe a Doller for euery Last to bee payed the one halfe to the Magistrate and the other halfe to the poore The Master of a ship is to conferre with his parteners and to conclude of what burthen the ship shall be built and in what manner to be done all in writing and if it bee found bigger to pay two Dollers for euery Last c. The Master hath no power to enlarge the building of a ship after she bee at Sea vnlesse it be vpon great necessitie to aduance the voyage and for her safegard otherwise all the charges of it shall bee his owne The Owners Parteners or the Masters of ships shal haue no power during the building of the ship to giue away any of the materialls or victualls of the ship but to bring the same to account vnlesse all of them doe agree thereunto otherwise they are not to be payed for That with their generall consent some two or more persons bee appointed to buy all which shall bee requisite to the building of the ship and prouision and they to deliuer an exact account of it by particulars c. Of the owners or parteners of ships and Masters The Master of a ship which hath beene formerly for others at the Seas shall not bee imployed by others vnlesse hee produce a testimoniall that he is discharged from the Owners in decent manner vpon paine of fortie Dollers A Master being entertained is forthwith to bee assured by the Owners of his wages whereby hee may bee able to deale with his Mariners And the said Owners are to doe their indeuour to make good on their parts what shall be necessarie for the voyage All Owners are to cause good accounts to be kept and to deliuer vpon the finishing of them publike writings and testimonialls of the Masters good behauiour and discharge of his vndertaking vpon paine c. If the Owners of a ship cannot agree with the Master as is fitting they may by generall consent make choice of another and pay the said Master his wages and discharge him and if hee haue any part in the said ship they are to pay him for the same according to iust appraisement Of the Masters office Euery Master of a ship is to haue knowledge of the Compasse and to be able to gouerne and direct the same and to hire his Mariners accordingly or in default thereof to bee punished for his presumption and vndertaking To prouide Mariners of experience and that the ship be not ouerladen nor too light laden but haue his due ballast and to haue his Cabin and ouerlop cleare That hee bee on shipboord euery
publike seruant A Wager vpon a sonne or a daughter to be borne is good in law and if it be a Hermophrodite of both sexes then iudgement is giuen according as the naturall inclination shal be found to be more masculine or feminine Ambiguitie or Equiuocation in Wagers And in all Wagers wherein ambiguitie or equiuocation doth happen there must be a naturall moderation in the construction of them for an euill custome loseth her name and becommeth vsurpation as is before declared If any man by the inducement or fraud of a third person lay a Wager that such a woman shall be deliuered of a sonne when she was alreadie deliuered the Wager is not to be allowed and if the Midwiues are partakers herein they are to be punished and incur Crimen Stellionatus If one lay a Wager to run with another and afterwards doth refuse to runne hee may be compelled thereunto or the stake is lost for hee committeth no deceit which preuenteth a fraud The captation or aduantage taken vpon words ought therefore to be excluded and wagers are to be made in plaine termes and to be construed accordingly Fallere fallentem non est fraus Wagers between Merchants are many times more done for sport and recreation than for gaine for ouer great wagers are against good manners and may concerne a Merchant much in reputation and credit more than the playing for great summes of money which many times Merchants doe vse with the obseruation of a conuenient time and as the Prouerbe is With good fortune otherwise the end of it is dangerous for as nature produced all things in due time so is moderation required in all actions CHAP. XXXVIII Of Merchants Markes set vpon Commodities THe marking of Merchants commodities either packt vp in Bundels Trusses Cases Coffers or Packes is of great importance for not onely by the Custome of Merchants but also by the Ciuile Law the propertie of the goods and merchandises is adiudged to him by whose marke they are marked or sealed It is dangerous therefore to vse another mans marke as many times Merchants doe in time of warre when they lend their names and markes for the preseruation of their goods betweene two or more contending Princes both by Sea and Land Euery Merchant is to set downe his marke vpon his Bookes of account wherewith his commodities are marked Merchants markes to be set vpon their bookes of accounts And in like manner If a Company or Societie of Merchants doe agree vpon a marke the same is to bee set vpon the Bookes of that Societie and if that Company doe dissolue the said marke may remaine with the most ancient of that partnership by the Custome of Merchants whereof the Ciuile Law and the Law of Admiraltie taketh notice in their judicature and especially the Merchants Courts of Consulate And if the marke of one of the partenership bee vsed for all the same vpon dissolution of that partenership is to returne to the said partie and no man is to vse another Merchants marke without especiall leaue had and obtained of the partie whose marke it is For euen as Merchants doe saile betweene the two dangerous rockes of Scylla and Charibdis in their course of trafficke when Princes are at variance So is the danger to vse another Merchants marke without leaue because the partie owner of the said marke is to defend the said goods if they bee taken or to countenance the persuers of the sute in Law for them Danger to vse another mans marke c. as farre as they in reason may require otherwise the said goods may bee lost as soone as taken For as Ships are knowne by their Flags and so taken to bee at the Seas so are Merchants goods marked with another mans marke to bee that mans goods although it were not and will bee so adiudged in the Courts of any Admirall of the Seas experience hath prooued the same by two notable examples worthy the obseruation In the yeare 1586 or thereabouts Robert Lord Dudley Earle of Leicester was an Aduenturer for Barbary where hee sent some commodities by way of commerce vnto a certaine Factor that did deale for diuers other Merchants there to be sold for his account and to make returne vnto him of the prouenue thereof in Sugar and other commodities The Factor hauing sold some of the said goods considering the number of men of warre which were then at the Seas and the greatnesse of the said Earle thought good that all the Chests of Sugar and other commodities which he sent home to all his Masters in a certaine ship The Beare and Ragged staffe should bee marked with the Earle of Leicesters marke albeit the least part did appertaine vnto him the rather for that the most part of his goods were yet vnsold in Barbarie The ship arriuing within the Riuer of Thames no sooner were the Letters deliuered but the Earle laid claime to all the said goods pretending the same to be his because of his marke hereupon the Ciuilians were of his side for the point of Law and the Merchants were compelled to make their best compositions with him as they could agree and the Earle lost nothing thereby howsoeuer they sped In the yeare 1597 one Iohn de Bassadonna the sonne of one of the Magnificoes of Venice then resident in London had a certaine ship which was fraighted for Lixborne and so to goe for Venice according as the Master thereof was bound by a Charterpartie of fraightment and in both places to take in all such commodities and merchandises as the Merchant should lade or cause the said ship to be laden withal and to be discharged at Venice with the vsuall conditions of Sea-lawes The Venetian Flag This ship bearing the Venetian Flag of the Lyon of S. Marke was well receiued and welcome at Lixborn and euery man was willing to lade therein his goods for Venice neuerthelesse some Portugalls considering the dangerous times of warre did borrow the name of Italians and their markes also and caused their goods to bee laden as appertaining to the said Italians and made the Bills of lading and their Letters accordingly other Portugals were not so prouident but did lade their goods in their owne names whereupon the Master of the ship being sure of the one and suspicious of the other resolued to come with all the said goods first for England to take aduice whether this were a lawfull prize or not and being arriued at Plimmouth sent vp to know the Lords of the Councell their pleasure So the matter came in question with the said Bassadonna and was referred to the Iudge of the Admiraltie and diuers Ciuilians where the matter of the Flag was much respected in regard of the Seignorie of Venice as matter of State and the principall goods laden and marked in the name of Italians were adiudged cleere by the Law But the other goods laden and marked with their owne markes were taken for good prize So
more in value by the weight than an other The cause of culling of money whereby moneys are culled out and transported and the light peeces remaine amongst his Maiesties subiects Goldsmiths also wanting Bullion must melt such monies downe to make plate of The Bullion which is brought in or forraine coyne either is alwayes lockt vp in great chests or inclosed places vnder three keyes namely the Wardens the Mint-masters and the Comptrollers at the dayes of Receits which are obserued in the Tower of London Saturdayes and Mondayes and then the Officers haue their dyet in the place the one halfe at the Kings charges and the other halfe at the mint-Mint-masters charges who is called by some Master-worker of the King moneys Vel Magister operarius and betweene the Warden and him there is commonly emulation and necessary discord like vnto that which Cato vsed amongst the seruants of his family which hee did compare to the stones of a vault which by striuing doe vphold the building and made him to bee more quiet and regarded Suppose now that we are come to the Mint to see moneys made of our Ingots of Gold and Siluer and one of the Assay-masters commeth vnto me and saith Sir I haue read that all things are gouerned by Number Weight and Measure What say you to finenesse of Gold aâ—d Siluer I do aske him first What he taketh finenesse to be he doth answere me That it is a Mysterie and that the studie of it is as intricate as the Transubstantiation of the Papists Sacrament as you may perceiue saith he by the controuersie betweene the Warden of the Mint and the Mint-master concerning the Standards of the sterling moneys of Siluer and the base moneys lately made for the Realme of Ireland which is grounded vpon the finenesse of the bullion reported by triall of the subtle Assay whereunto I doe reply That plaine things may be made intricate Finenesse of siluer what it is for finenesse of Gold and Siluer is properly fine Gold and fine Siluer and this is knowne by weight which I doe thus demonstrate in the Siluer for both Posito that this peece of Siluer is fine Siluer without any mixture of allay and weigheth one pound weight of twelue ounces Troy I hope you will call this to be twelue ounces fine because it weigheth twelue ounces which is the pound weight and finenesse also now take away one ounce of this fine Siluer and put so much Copper vnto it to melt them downe as maketh vp the said pound againe twelue ounces in weight you knowing that there was but eleuen ounces of fine Siluer remaining will make no difficultie to affirme that this is eleuen ounces fine Siluer and one ounce of copper in the pound weight and put the same to the triall of your subtle Assay and you shall find it so is there any Mysterie in this and he saith no as I did propound it and so is it if there be more or lesse allay in the pound weight accordingly for the pound weight doth proportionate the whole masse ingot or lumpe of bullion call it what you will as in the next Chapter of assayes shall be made more apparant But saith he This doth not cleere in my vnderstanding the businesse which is in controuersie betweene the Warden and the Master worker for the Copple or Teast doth drinke in some two penny weight of Siluer with the Lead and so there is so much hid from report Drinking in of the Teast or Copple for the Bullion is that which maketh the moneys and not the Siluer of the assay So that the said Bullion is finer in euery pound weight two peny weight in value six pence halfe penny and the twelfth part of a halfe penny which is the cause that the Master worker being subtile and cunning doth put into the melting pot Two penny weight of copper put in the commixture Account charged with two penny weight of siluer in euery pound weight Melting Book Indentures Base moneys is eight penny weight in the pound of siluer Bullion two penny weight of Copper in euerie pound whereby he gaineth the weight of so much sterling Siluer now this gaine is the Kings for with his Highnesse moneys this Bullion is bought of the subiects And therefore the Warden doth charge the Mint-masters account with two penny weight of Siluer in euery pound weight and alloweth the same vnto the King for the Mint-master is to account by the melting booke where this allay of Copper is entred according to the Indentures betweene the King and him And so in the base moneys made for Ireland whereof one of Siluer maketh foure of that moneys he is charged in account eight penny weight of siluer for euerie pound of the siluer Bullion for the commixture of two ounces eighteene penny weight of siluer and nine ounces two penny weight of copper is found to answere that Standard of three ounces fine And so doth eleuen ounces of siluer Standards sterling and Irish. and one ounce of allay answere the sterling Standard for there is great consideration to be had in the calculation of the siluer Bullion to the fire and from the fire From the fire and to the fire for eleuen ounces from the fire is set downe for Standard to passe according to the indented triall peece made by the sworne officers or refiners and assay-masters Indented triall peeces of siluer sterling and Base Commixture thereunto heretofore appointed whereof my selfe was one which indented peece wee haue commixed accordingly of fine siluer refined vpon a drie teast and good copper or allay and the same wee haue diuided into three parts one part to remaine in the Kings Treasurie at Westminster another part with the Warden of the Mint and the third part with the Mint-master to make the moneys thereby and all these things are done very orderly There is no reason that the Mint-master should pocket vp this benefit which commeth almost to tenne thousand pounds and would haue been much more if it had not been spied out in time for the Kings seruice And then he concluded his speech with an affirmation That hee could take the said two penny weight of siluer out of the copple which had drunke vp the same or within a little lesse of it whereunto I made him such an answere as I had oftentimes vnderstood of the Mint-master and partly of mine owne knowledge concerning assayes which I had obserued and knowne aboue fortie yeares my father also hauing beene a Mint-master and I told him that all his allegations as abouesaid should and could be very well answered For albeit that hee had alleaged many things concerning the State of the matter in question I would according to the course of the Common Law ioyne issue vpon one peremptorie point to be tried by all vnderstanding men to which end I told him That in Germanie and the Low Countreys there were certaine officers Generalls of the
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
Albeit that the Romanes inflict the paine of the whole fraight vpon the Merchant especially if hee take out his owne goods againe for then is the fraight thought to bee deserued But if the Ship in her Voyage become vnable without the Masters fault or that the Master or Ship bee arrested by some authoritie of Magistrates in her way the Master may either mend his Ship or fraight another But in case the Merchant agree not thereunto then the Master shall at least recouer his fraight so farre as hee hath deserued it For otherwise except the Merchant consent or necessitie constraine the Master to put the goods into another Ship worse than his owne the Master is heerein bound to all losses and damages except that both the Ships perish that voyage and that no fault nor fraud bee found in the Master Admiraltie Cases In the yeare 1587 the like matter was in question with fiue Ships comming backe without their lading from Ligorne and Ciuita Vecchia into England whereof my selfe was one of the Merchants that had fraighted them and did intend to receiue lading there in Allome But the Gallyes of Don Andrea Doria intending to surprise those Ships the Grand Armada being preparing in Spaine they came all of them away without their lading some two of these Ships had lyen out all their time conditioned by their Charterpartie to take in their lading and the Masters had Notariall protests against the Factors that they should haue laden them These were by the Law of Admiraltie adiudged to haue deserued their whole fraight Two other ships hauing not staied there their abiding dayes nor made any protest as aforesaid could not be found to haue deserued any fraight at all although they were laden outward bound The fifth Ship had a condition or prouiso in her Charterpartie That if it should happen that in her comming backe out of the Straits shee should be taken or cast away neuerthelesse the fraight outwards which was accounted halfe should bee payed Condition maketh Law and that halfe was adiudged vnto the Master and no more hauing not tarried there his appointed time And if this prouiso had not beene he could not haue recouered any thing for when Ships are fraighted going and comming there is nothing due for fraight vntill the whole Voyage bee performed So that if shee perish or bee taken in the comming home all is lost and nothing due vnto her for any fraight outwards whereof I haue also had experience by another Ship It is also accounted for a fault if the Master put forth the Ship to Sea either without a skilfull Pilot or without sufficient furniture and necessaries according to the ordinarie clauses of the Charter-parties or as in the precedent case that the other Ship in which the goods were last put in bee not sufficient or that the Master doe in an vnlikely time put foorth to Sea The Emperors Gratian Theodosius and Valentinian in times past did expresly forbid that no man should aduenture vpon the Seas from Nouember till Aprill Sed Tempora mutantur nos mutamur in illis Alwayes it is a great fault by the Law to put to sayle out of any Port in stormie and tempestuous weather Item if a Master set forth his Ship for to take in a certaine charge or lading and then takes in any more especially of other men hee is to lose all his whole fraight for by other mens lading hee may endanger the Merchants goods diuers wayes And in such a case when goods by stormes are cast ouer-boord it shal not be made good by contribution or aueridge Aueridge but by the Masters owne purse For if hee ouerburthen the Ship aboue the true marke of lading hee is to pay a fine Item if a ship do enter into any other Port or Harbour than she was fraighted for against the Masters will as by storme or some force then the goods shall be transported to the Port conditioned on the Masters charges but this must be tried by the Masters oath and of two of his Mariners or else the Master may be in further danger If any man compell the Master to ouer-burthen Ship or Boat he may therefore bee accused criminally and pay the damages happening thereby Item if a Merchant put in more goods into a Ship than was conditioned then may the Master take what fraight hee please By the Romane Law it is imputed for a fault to the Master if hee direct his course by wayes either dangerous thorough Pirats enemies or other euill aduentures Also if hee doe carrie the Flag of other Nations and not his owne and thereby incurre any losse or dammages For as Packes Pipes and all goods should bee marked with the proper markes of the Merchant to whom they appertaine So should Ships bee discerned one from another by their owne Flag The ordinarie Charter-parties of fraightments of Ships made and indented betweene the Master of a Ship and a Merchant or many Merchants in fraighting a Ship together by the tunnage Fraightings by tunnage where euery Merchant taketh vpon him to lade so many Tunnes in certainety are made as followeth Mutatis Mutandis which is done before Notaries or Scriuenors A.B. Master of the Good Ship or Fly-boot called the Red Lyon of Ratclife of the burthen of 120 Tunnes or thereabouts riding at Anchors in the Riuer of Thames acknowledgeth to haue letten to fraight vnto C. D. the Merchant his said Ship and doth promise to prepare to make readie the same within tenne dayes to take in such goods as the said Merchant shall lade or cause to be laden in her to make by Gods grace with the first conuenient weather and wind after the expiration of the said dayes a Voyage from the Citie of London to the Towne of Saint Lucar De Barameda in Spaine and there to deliuer all the said goods well conditioned and in such sort as they were deliuered vnto him to such a Merchant or Factor as the Merchant the fraightor shall nominate and appoint according to the Bills of lading made or to be made thereof and there to remaine with his said Ship the space of twentie dayes to take in and receiue all such goods as the said Factor or any other by his appointment shall lade into her and as the said Ship may conueniently carrie and being so laden to returne backe againe for the said Citie of London and there to deliuer the said goods also well conditioned to the said C. D. the Merchant or his assignes And the said Master doth further couenant with the said Merchant that his Ship shall be furnished with twelue able men and a boy tenne pieces of yron Ordnance namely two Sakers six Minions two Falcons and eight Muskets with Powder Shot and all things necessarie as Cables Sayles Ropes Anchors and Victualls requisite for such or the like Voyage c. And hereupon C. D the Merchant and Fraightor doth likewise couenant with the said Mâ—ster or all the
said Merchants doe couenant with him euery one for his tunnage as aforesaid that he or they and either of them will lade or cause to be laden within the dayes limited the said Ship with such and such commodities accordingly pesterable wares or goods excepted Pesterable wares or commodities which are goods of great volume and cumbersome whereof no true computation for tunnage can be made so that the fraight of such kind of goods is made accordingly And the said Merchant doth further couenant to pay vnto the Master three pounds or more for the fraight of euery Tunne lading vpon the full discharge of his said Ship and deliuery of the said goods at London aforesaid accounting two and twentie hundreth and a halfe or so many Kintalls for a Tunne and in like manner for two Pipes or Butts foure Hogsheads and other commodities rated for the Tunne or Last as foure Chests of Sugar Six Barrells of â—ny other commoditie for a Tunne as in the fourth Chapter of Weights and Measures is declared with Primage Petilodeminage and sometimes Pilotage according to the accustomed manner in the like Voyages c. binding themselues each to other for the performance thereof in a summe of money Nomine Poenae with such other clauses conditions cautions or other agreements as may bee concluded betweene them which being well expressed preuenteth all those and the like questions which the Ciuilians doe discourse vpon as the following may be for an instance Questions about Fraightings and their Solutions If a Ship bee fraighted by the great Posito two hundreth Tunnes for the summe of six hundreth pounds to bee payed at the returne the said summe of 600 ll is to bee payed although the Ship were not of that burthen If the like Ship of 200 Tunnes be fraighted and the summe is not either by the Great or Tunne expressed then such fraight as is accustomed to be payed in the like Voyages is due and ought to bee payed accordingly If the like Ship of 200 Tunnes bee fraighted by the Tunne and full laden according to their Charterpartie then fraight is to bee payed for euery Tunne otherwise but for so many Tunne as the lading in the same was If the like Ship of two hundreth be fraighted and named to be of that burthen in their couenant and being fraighted by the Tunne shall be found to bee lesse in bignesse there is no more due to bee payed than by the Tunne for so many as the same did carry and brought in goods If the like ship be fraighted for two hundred tunnes or therabouts this addition or thereabouts is within fiue tunnes commonly taken and vnderstood as the moitie of the number ten whereof the whole number is compounded If the like ship be fraighted by the great and the burden of it is not expressed in the contract yet the summe certaine agreed vpon is to be paied without any cauillation If fraight be agreed vpon for the commodities laden or to be laden for a certaine price for euerie Packe Barrell Butt and Pipe c. without any regard had to the burden of the ship but to giue her the full lading no man maketh doubt but that the same is to be performed accordingly If the like ship or any other being fraighted by the great for a summe certaine happen to be cast away there is nothing due for fraight but if the ship be fraighted by the tunne or peeces of commodities laden and cast away and some saued then is it made questionâ—ble whether any fraight be due for the goods saued pro rata albeit there is none due at all for the Assurors are not to bee abridged herein by any fraight Hence arise some other questions Exempli gratia Whether a Master of a ship hauing vndertaken to carrie ouer a familie or certaine slaues or cattell and some of them dying in the voyage shall haue any fraught for those persons or cattell which are dead whereupon three considerations are incident 1 If the contract was made for the whole familie slaues or cattell then the fraight or passage money is due and to be paied for all 2 If it be couenanted that for euerie head or passenger the master shall haue a certaintie then for the dead neuer comming to the destined place there is nothing due 3 If it do not appeare how the agreement was made but that there is a certain summe agreed vpon then that agreement being an entire thing is to be performed although some died the reason is because there was no fault in the master and therefore the rule of Re integra remaineth good and if a woman be carried ouer and be deliuered of a child in the voyage yet there is nothing to be paied for the passage of the child which she carieth in her armes There is an ancient question Whether a Master of a ship who promised to place another in his ship and to expose him in a certaine place can demaund any recompence for the same he neuer hauing placed the partie there but the partie came into the ship and so went ouer wherein they consider the difference betweene liuing creatures and rational or things dead and insensible and diuers other reasons which I omit for it may well bee compared to the disputation de Lana Caprina whether the haire of the Bucke be wooll or haire which putteth me in mind of a prettie tale which for varietie of theame I here bestow vpon merrie conceited mariners The Poets hauing made Caron to be the ferrie-man of hell A merrie tale of Carons wager passing ouer the soules of an infinite number of persons of diuers professions faine That on a time a Sophister was to be transported who tooke exception at Carons Beard and by a Sillogisme would proue him to be a Goat framing his argument in this manner A Goat hath a Beard which is neuer kembed and you haue a Beard which is neuer kembed ergo you are a Goat Caron answering did wonder at his conclusion and tooke vpon him to proue the Sophister to be an Asse because that of a comparison he made an argument for saieth he if you had made a Sillogisme in this manner A sophisticated Argument That which is Haile is no Snow Haile is white ergo Snow is not white then there had beene some shew of Reason But tell me what is an Asse and the Sophister answered It was a liuing creature without Reason and being demaunded what Reason was he said It was to follow and vse the good and to shun the euill then Caron concluded vpon his owne words and said Your own words haue proued you an Asse wanting Reason for you had no Reason in the world whereby you should be guided to follow the good which is vertue but you haue followed euil which is vice which made you to come hither to receiue the punishment of an Asse which being incident vnto most mariners comming on shoare I wish them to remember thankesgiuing to God
And to conclude concerning Fraightments and Charterpaâ—ties let vs obserue that equitie in all things is to be considered and especially in sea-fairing causes and cauillations are to be auoided as for example A Merchant fraighted a ship with all his furniture by the moneth and putteth into her the Master and Mariners and victualled the same at his charges and maketh a charterpartie with the owner promising to pay for the vse of the shippe and furniture twentie pound euerie moneth at her returne into the riuer of Thames and so ladeth in her for the Straits Equitie in sea-faring causes much to be regarded and to go from Port to Port in seuerall places with merchandise and after two yeares or thereabouts hauing taken her lading in Barbarie commeth for London and by storme and tempest the ship was cast away neere Douer and the goods were saued hereupon the Merchant denied to pay the fraight monethly to be reckoned because the ship did not arriue in the riuer of Thames according to the words in the charterpartie Herein the owner was much wronged for the money is due monethly and the place is named onely to signifie the time when the money was due to be paied for the ship deserueth wages like vnto a labourer or like a mariner which serueth by the moneth who is to be payed for the time he hath serued although he dies before the voyage be ended as we find daily that the East-Indies companie payeth to their wiues or friends The labourer is worthie of his hire The ship is not fraighted by the great to run that aduenture which is noted before neither was she wanting her furniture of Cables Anchors Sailes Ropes or any thing whereby she was disabled to performe the voyage and might be the cause of the casting away for if it were so then there were great cause giuen to denie the payment of the fraight Againe where it was alleaged that the said owner hath made assurance vpon the ship for more than the same was worth and did thereby recouer of the Assurors a benefit towards his losse this did not concerne the Merchant but the Assurors and if the assurance were orderly made the said Assurors haue paied the same duely that is to say If the pollicie or writing of assurance did declare That the owner did value his ship in such a summe whereof hereafter you may read in the proper place intreating of the nature of Assurances A Merchant valued one barrell of Saffroh at 1000 ll hauing priuately put so much in Gold in the same the Gold was taken but the Saffron was deliuered and the Assurors did pay for the Gold And the like is for Pearles or other things so valued Item when Coffers Packes or Pipes and other marked commodities or goods are deliuered close packed or sealed and afterwards shall be receiued open and loose the master is to be charged for it vntill a due triall and that consideration thereof be had he must also answere for the harme which Rats do in the ship to any merchandise for want of a Cat. The Merchant on the other side is to be bound by the said charterpartie to pay the fraight of the goods by him laden either by the Last Tunne or by the Packe and Fardel according to the agreement accounting for a Last Tunne or other thing after the rate of a Tunne lading wherein pesterable wares which take a great deale of roome are excepted and must be agreed for and the goods laden are liable for the paiment of the fraight The Merchant likewise doth couenant to pay Pilotage if a Pilot be vsed to bring the ship into the harbor also primage and petilodmanidge to the master for the vse of his Cables to discharge the goods Pilotage Primage Petilodmenidge and to the mariners to charge and discharge them which may be sixe pence or twelue pence for the Tunne lading with some other clauses and agreements made betweene the said Merchants and Master wherein it is not a misse to limit a good summe of money on either side to be paied for the performance of the charterpartie and to couenant the same by the said charterpartie whereof I do here prescribe but one forme considering the diuersities of conditions therein vsed as the Merchant and Master can agree which euery Scriuenor doth vsually make accordingly as in this Chapter is rehearsed * ⎠* CHAP. XXII Of the Master of the Ship his power and duetie of the Master to the Merchant Law of Oleron THe whole power and charge of the ship being committed to the Master requireth a staied man and of experience whereunto the Owners are to take great heed for his power is described partly by the Owner or setter forth of the Ship and partly by the Common-law of the sea by meanes and vertue whereof the Master may if need be borrow money in a strange countrie with the aduice of his companie vpon some of the tackle or furniture of the Ship or else sell some of the Merchants goods prouided that the Merchant be repaied againe at the highest price that the like goods are sold for at the market which being done the fraight of those goods so sold and repaied shall be also repaied by the Master to the Owner of the Ship aswell as the fraight of the rest of the Merchants goods except the Ship perish in the voyage in this case onely the price that the goods were bought for shall be rendred and for no other cause may the Master take vp money or sell any of the Merchants goods although it were in the danger of ship-wrecke The dueties of a Master of a Ship c. Such is the duetie of a Master of a Ship that is prouident that he ought not to make saile and put forth to sea without the aduice and consent of the most part of his companie especially when the weather is stormie otherwise he shall answere the damages that commeth thereby principally if he haue not prouided an expert Pilot or if the Ship happen to fall ouer in the harbour The Master shall be punished also by damages if the ouerloope of the Ship be vntyth or the Pumpe be faultie or a sufficient couering be wanting especially for Corne Victuall and such like commodities He is also before his departure to deliuer the names of all the persons which he is to transport and of his mariners which with vs is but lately established and at his returne he is to deliuer a true Inuentorie of the goods of any persons which shall happen to depart this life in that voyage not onely because his kindred and friends may haue intelligence of it but also because their goods may bee safe and forthcomming for one whole yeare of which goods in the meane time the bedding and appurtenances may bee taken by the Master and his Mate to their vses as also such clothing and other things then vpon his bodie may bee deliuered to the Boats-man and the
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
domingo Perou or any other places and so backe againe or from Portugall to the East-Indies and in like manner to Lixborne againe All which Assurances are verie daungerous because a man cannot haue aduice when the voyages are performed and it hath fallen out that the Assurors haue borne two aduentures for one the ship making two voyages vnknowne to the Assurors dwelling in remote places Other Assurances are made vpon the Ship or Shippes Tackle Furniture and Keele of the Shippes so called because all is to be bound to the Assurors and likewise the Assurors are liable and bound to answere for the whole Ship as also for Cables Anchors and any Furniture or part of the same which is also dangerous and much subiect to Aueridges and other casualties especially if it be vpon a Shippe that cannot drinke of all waters whereunto diuers men may lay claime or for some act perpetrated by her in times past whereby the same may bee called in question which is the cause that the price of assurance vpon Ships is almost double Other Assurances are made vpon goods and merchandises sent by land from one place to another by the Conductors or Carriers to Venice Frankford or any other places wherein the goods commonly are declared and the marke also and this manner of Assurance is especially performed by the Conductors who take for the charges a certaine allowance for euerie pound weight that the goods do weigh and moreouer 2 3 or 4 vpon the hundreth pounds in value that the said goods are esteemed to be worth and he doth appoint a sufficient gard of souldiors to conuey the same by land and riuers to the places intended which neuerthelesse by a stronger power haue many times been taken by the Freebooters Other Assurances are made vpon the liues of men for diuers respects some because their estate is meerely for terme of life and if they haue children or friends to leaue some part of their estate vnto they value their life at so many hundreth pounds for one or more yeares and cause that value to be assured at fiue sixe ten or more for euerie hundreth pounds and if he do depart this life within that time the Assurors pay the money as it happened of late that one being ingaged for sir Richard Martin Knight Master of the Mint caused 300 ll to bee assured vpon the life of the said sir Richard being some 90 yeares of age and therefore gaue twentie and fiue pro centum to the Assurors The auncient knight dyed within the yeare and the said Assurors did pay the money Also one master Kiddermaster hauing bought an office of the sixe Clerkes of the Chauncerie and taken vp money of others caused for their assurance for many yeares together 2000 ll to be assured vpon his life after foure and fiue in the hundreth vntill he had paied that money which is verie commodious Likewise a traueller vndertaking a voiage to Ierusalem or Babylon deliuering out money payable at his returne will prouidently assure a summe of money vpon his life either to secure some men that do furnish him with money to performe his voyage and to put forth the greater summe or to leaue some meanes vnto his friends if he should die and neuer returne So that this office is most necessarie in all humane actions and men cannot inuent or imagine any thing but the value of it may be assured as you may iudge by the former examples And herein must be noted that Assurors are verie fitly compared vnto Orphanes because they may endure much wrong but cannot commit any for they are to be ordered and commaunded by the Commissioners sentence and must performe the same to which end the Lord Maior of London for the time being hath authoritie to commit them to prison if in case they do not satisfie the same within a time limited vntill they do it Other Assurances are made and these are the most dangerous of all because they are made vpon ships and goods lost or not lost which is not onely in regard that a ship knowne to be departed doth not arriue in many moneths after to the appointed place of discharge but also if any newes doe come that the ship and goods is cast away neuerthelesse if the Assurance be made with the wordes lost or not lost the Assurors beare the aduenture of it vnâ—esse it can be proued that the partie who caused the Assurance to be made did see the ship when it was cast away in this case it is a fraud as the fraudulent dealing of him that had a rotten ship Fraudulent Assurances and caused assurance to be made vpon her and caused the same to perish or sinke at the seas to make the Assurors to pay for his rotten ship which could not be sold by him In the case of Assurances of lost or not lost I remember that in the yeare 1583 there was a rich Carracke called the Saint Peter comming from the East-Indies for Lixborne missing a long time and there was assurance made vpon her in Antuerpe Roan and other places at 30 pro centum Within three yeares after there came or did arriue at Lixborne a smaller ship richly laden which was made of the other ship which was cast on shoare in a certaine Island and thereupon certaine controuersies did arise betweene the owners of the goods and the Assurors as also the master and mariners At last it was adiudged at Lixborne by the sea-law that the master and mariners should haue one third part and that the Assurors should come in for so much as they had pro rata assured all charges deducted the ship to be the owners of the former Carracke with the like consideration as aforesaid Prices of Assurances Concerning the price of Assurances or Premio as the Spaniards call it it is differing in all places according to the scituation of the place and the times either of warre or peace or daunger of Pirats men of warre or rockes and vnaccessible places seasons of the yeare and such like and the said Premio was neuer lesse than at this time for Assurances are made for Middleborough and Amsterdam at 3 pro cent the like from London to Roan and Diepe Edenborough in Scotland and Hamborough in East-land and from London to Bourdeaux and Rochell Lubecke Denmarke 4 vpon the hundreth as also for Barbarie for Lixborne Biscay Ireland Dansicke Riga Reuell and Sweaden 5 in the hundreth Siuill Gibraltar Maliga and the Islands 6 and 7 for Ligorne Ciuita Vecchia 8 and 9 Venice 10 Wardhouse 9 Russia 9 Santo domingo 11 and 12 and for the East-Indies 15 nay both for going and comming hath bin made at 20 pro centum CHAP. XXV Of pollicies of Assurances and the substance of them and of Contributions WEe haue partly touched what a policie or writing of Assurance is by the nature of Assurances aforesaid and the dangers and aduentures whereunto the Assurors are subiect But now we are to
night and vpon speciall occasions being absent hee may leaue his Mate and other that may supply his place That they doe not too much meddle with merchandise or trade whereby they shall bee hindered in the due care of the charge of the ship The Master is duely to pay the Mariners wages without any abatement vnlesse it be for monyes lent them before or cause to pay any thing to the Owners The wages due vnto Mariners for places neere at hand are to be payed but by two payments but for remote and long voyages in three payments one at the departure another vpon the vnlading of the goods and the third vpon the ending of the voyage by equall portions in third If a Masters vpon some reasonable occasion wil discharge his Pilot either vpon the vnlading or relading he is to pay him full wages If Mariners be vnruly and giue occasion to hinder the voyage any way by their misbehauiour to be prooued by two other Mariners the Master may set them on land or cause them to be punished according to their demerite If Mariners will not testifie of their fellowes misbehauiours the Master vpon his oath shall be beleeued and the Mariner to be punished accordingly If a Master doe conceale the offences of Mariners hee shall forfeit and pay fiftie Dollers halfe to the Magistrate and halfe to the poore If a Mariner should kill another the Master is to keepe him in Yrons vntill hee bring him vnto the first judicature to bee iudged c. If a Pirat or Theefe shall come aboord and the Mariners are willing to defend the same and yet the Master will not fight this Master shall neuer bee put in trust any more nor haue credit as an honest man nor bee suffered to dwell in any of the Haunce Townes If a Master be put in trust to bring ouer Pearles Precious Stones or Money which are wares of no volume to pay fraight but a consideration the Master is to haue the fourth part of it and the other three parts are to be the Owners If a Master being part Owner wil sell his part or cause his Owners to pay deare for it the said part is to bee valued by indifferent persons and the Owners or some of them are to pay accordingly If a Master without cause will saile in another Hauen than hee is fraighted and losse doe happen hee shall answere the same of his owne meanes If a Master shall sell the ship and the Merchants goods and runne away hee shall not remaine in any of the Haunce Townes and shall bee pursued to answere for the same to the vttermost by all meanes If by contrary wind and weather being entred into another Harbour the Merchant doe sell his goods the Master is to haue his full fraight or to goe the voyage If a Master find himselfe in places where neither himselfe nor his Pilot is acquaited and may haue Pilots but will not vse them hee is to pay one marke of Gold for his punishment If a Master haue his lading in Corne which becommeth hot hee is to coole the same in conuenient manner if wind and weather doe not hinder him and the Mariners are to haue two shillings lups for euery Last for doing of it Of the hiring of Mariners No Master shall henceforth take any Mariners to hire without they haue a pasport of their last seruice vpon paine of two Dollers which pasports euery Master is to giue and shall bee printed with Blankes for the names None shall hire another Mariner by intisements of words or by giuing greater wages but take them of course vpon paine of tenne Dollers c. And if the Mariner take his owne leaue the Master may claime halfe the wages which another shall giue him The Mariners shall keepe their promise of fidelitie to the Master and be of good behauiour and quietly liue together vpon paine as followeth If any one doe put himselfe forth to bee a Pilot Boteswaine or any other officer and shall be found insufficient by two credible honest men or be prooued by his company they shall not onely lose their wages but also be punished according to the fact If a Mariner be entertained and at the Masters charges and before the voyage the Master take dislike of him hee may discharge him giuing one third of his wages but it shall bee of the Masters purse and not for the Owners to beare any part thereof When the Master hath entertained the Mariners at the ship expences the Mariners are to make their lodging on boord and to content themselues with it When the ship is come to some Port or arriued at the place the said Mariners are not without the Masters leaue to goe on shoare vpon paine to be imprisoned and further to bee punished as cause shall require The Mariners shall haue no guests on boord without the Masters consent No Mariner shall haue his wife on boord in the night vpon paine of a Doller if he doe offend No Mariner is to discharge any Ordnance or shoot without the Masters commandement vpon paine to pay double for the powder and shot All Mariners shall both at Sea and in the Harbour keep true watch night and day according to the Masters appointment vpon paine of halfe a Doller to bee abated of his hire and by default to bee punished c. Whosoeuer be found to sleepe vpon the watch shall forfeit eight shillings lups and he that findeth him sleeping and conceales it shall pay the like No Boteswaine shall loose a Cable without the Masters or Pilots commandement When a ship is detained by wind and weather in any strange place no Mariner shall depart or goe on shoare without the Masters leaue vpon paine to lose halfe wages the halfe of it to the Master and halfe to the poore Neither shall the Mariners goe on shoare when the ship is at Anchor without the masters leaue vpon paine of halfe a Doller If any mariner go on land without leaue and become wounded the master is not to looke to see him healed If a Boteswaine being absent be the cause of some great harme or losse he shall answere for it and if he haue no means he shall be then imprisoned one whole yeare with bread and water and if by his default the ship perish or some bodie be slaine he shall answere for it with his life or be punished according to his offence When the master with some of his mariners goeth on land the mariners are to attend in the boat for him or to follow his order and if any remaine all night on shoare he shall lose his portage and be punished When a master hath hired his companie for a certaine place and he hath afterwards aduice of his Owners or Partners that more profit is to bee made in another place the mariners are to be content therewith and to take content for their wages wherein if they cannot well agree then the most antient are to conclude or other
indifferent persons and if any mariner be not so contented and thereupon quarrelleth he shall be punished as a mutinous person The like is to be done in any fraight which might happen where the master is agreed with which being performed then to be determined in like maner for all controuersies as aforesaid When a master hath maintained at his expences the mariners in the Winter season they shall not seeke to haue their wages augmented If a ship be detained by some Prince or Potentate or sent on a voyage the mariners are to serue neuerthelesse and if any run away they are seuerely to be punished and hauing serued the difference also to be ended with indifferent proceeding as aforesaid If mariners will go away vpon ending of halfe the voyage the master may demand all their whole wages If any mariner officer hauing receiued halfe wages runne away he is to be pursued burnt in the face with some letter for a marke If any mariner do commit any outrage to the master he is to be seuerely punished according to the offence And if they combine or conspire against the master whereby he may be driuen into some other harbour or receiue great detriment to the ship and goods all is to be punished both by wages life and goods accordingly If the ship become assailed by Pirats or Frybuters the mariners are to defend the same and to assist the master and if they be found partakers in the taking of the ship they are to be beheaded for it If a ship be in danger at sea by tempest or stormes the mariners are to do their vttermost endeauours to helpe the master to saue the ship and goods and if cast away to helpe to saue the furniture thereof as also the goods and merchandises and of them to haue some recompence for the sauing and by default to be punished by all meanes whatsoeuer When a ship is to be prepared or set forth it must be done with a free and good will and that all things may be bought at the best hand wherein one or more persons may be imployed with the Master taking care to bestow all things in some conuenient place with the consent of the Owners that the flesh be wel salted and preserued and all other victuals prouided to be shipped at the appointed time all with good order and direction But when a Master of a ship doth victuall in some other countrie where he hath no Owners he must alwaies buy all things as good as he can and thereof keepe a true and iust account wherein if he be found to haue dealt fraudulently he is to be punished for a theefe Therefore to prepare all things whereby a voyage may be sooner accomplished the Magistrates are to take care as well as the Owners to further the same so that the Merchant or the fraighter of the ship making the goods readie to be laden may find the ship readie at the appointed time agreed vpon vpon forfeiture of the whole fraight No Master of a ship shall for himselfe alone or his Owners deale or lade any merchandise and goods in the ship without the knowledge of the fraighter of the ship but do all things orderly And whereas it may happen that in the preparing of a ship some of the Owners may not agree to the same most voices shal ouer-rule the same as the manner is in all sea-lawes and then money may be taken vpon the ship for his part by Bottommarie called Faenus nauticum Of Bottommarie The Master of a ship hath no power to take vp money by Bottommarie in places where his owner or owners dwell vnlesse it were for so much only as his part commeth vnto in the said ship otherwise his owne goods and not the ship is to answere the same But when a Master is out of his countrie and where he hath no Owners nor any goods of theirs nor of his owne and cannot finde means to take vp by exchange or otherwise and that for want of money the voyage might be ouerthrown then may he take mony vpon Bottommarie and all the Owners are liable thereunto otherwise he shall beare the losse Of Admiralty When ships do enter into Admiraltie one with another whosoeuer breaketh the Admiraltie is bound to answer the damage which shall happen thereby If he haue it not in money he shall make satisfaction by all other meanes If a ship at sea be in daunger so as goods must be throwne ouer-boord Of goods cast or Aueridge these cast goods are to be answered by ship and goods as an Aueridge wherein the Owners and goods on boord pay all pro rata If a Master cut his Masts or Sailes by stormie weather the Merchant is to beare part of the losse but not if the Mast do breake or the Sailes be blowne ouer-boord The rating of the goods lost and to be cast into an Aueridge is to be reckoned vpon the ship as the same may be valued to be worth and that for so much as he must take the same if the Merchants will suffer it and the like to be done in the appraisement of goods and the ships fraight When Merchants goods are taken at the seas some of one man some of another mans euerie one is to beare his owne losse vnlesse it were otherwise agreed before the setting forth of the ship If a ship breake on the seas or be cast away Of shipwreck and goods found at the seas wherby it cannot make his voyage then there is but halfe fraight due for the goods saued When a ship receiueth damage vpon the sea by the Maisters negligence and bringeth neuerthelesse the Merchants goods home the Master is to haue his full fraight but for the goods which he bringeth not there is no fraight due and if any be damnified he is to make good the damage If any man find any ship-wrecke goods vpon the coast or in the seas driuing neere the ship and fisheth vp the same he is to answere the same to the next Magistrate or iurisdiction thereunto adioyning be it towne or countrie and the finder shall haue for his labour and paines the twentieth part But if it be stolne goods vpon the seas then he is to haue ¼ part When there is shipwrecke apparant to be on the seas the Master is to see the persons to be landed first then to saue the goods tackle apparrel and all the furniture and of that which is saued consideration for it is to be made by the arbitrement of honest men If so much be saued of the ships furniture as the fraight commeth vnto then are full wages to be paied to the Mariners When two ships at sea cannot shunne one another and both sustaine damage vpon proofe made by oath not to be wilfully done Of other damages at the seas it is ended If a ship vnder saile do run vpon another ship at anchor and sinke the same or commit other damage the partie offending shall
same with the charges vpon commodities to the price whereat the said commodities were bought as well in his natiue countrie as in other countries where hee doth trafficke and trade In Russia Denmarke and Sweathen Rigorous dealing for Customes the Custome and Ordinances is if a Merchant doe not declare all his commodities which he importeth or exporteth but concealeth some part of them all the commodities of that kind are forfeited to the Prince and hee shall find but small fauour to redeeme them In Spaine and other Dominions of the King of Spaine the commodities concealed are onely forfeited vnlesse they bee prohibited and vnlawfull goods In England Scotland and Ireland is the like and onely the goods concealed are forfeited and may be had againe vpon reasonable composition for the Statute Law giueth authoritie to the Officer who maketh the seizure that vpon licence sued forth to compound hee may doe it safely for his part which is the one moitie and for the other moity which is the Kings Merchants are graciously dealt wichall by the Iudges or Barons of the Kings Exchequer Abuse of fauourable dealings or others thereunto authorised Insomuch that it hath happened that some Merchants relying vpon this fauourable dealing haue aduentured to expose their commodities vnto the forfeiture thereof being commodities which pay much Custome and Imposition as Cambrickes Lawnes Tabacco Cutcheneale Venice gold Threed and other things because they were in a manner assured to make composition vnder the summe which they were to pay for Custome and Imposition In France and Germany is the like for concealed commodities which are not declared in the Custome-house and Iewels and precious Stones and Pearles are freed of Custome And so was it in England vntill of late yeares since the Customes were taken to farme and yet they pay but three pro cent of the value of their appraisement Strict orders for Customes at London c. to bee rated by the Officers of the Custome-house at London But if any Merchant or Ieweller bring ouer any Iewells or precious Stones and Pearles he is to declare them to the Officers or Waiters of the place where hee landeth otherwise they will bee seized by water or land as forfeited to the King wherein more strict dealing hath beene vsed of late since the King hath letten to farme his moitie of the Seizures So that first of all the Custome of concealed goods must be payed before any composition bee made next the composition being made then may the Informer bee agreed withall And no commodities can bee deliuered vpon securitie to the owner as formerly by the Law was accustomed to be done but they must remaine in some sufficient custodie vntill the matter bee tried by Law or compounded by agreement But prohibited commodities as Allome and other things by Letters Patents and Proclamation the possession may be had vpon securitie to bee giuen to answere the value thereof according to the appraisement made of them And these commodities if the Master of the ship doe not declare them vpon his entrie made in the Custome-house vpon his oath are also subiect to the forfeiture although they come consigned vnto a Merchant or Factor vnawares by another Merchant that knew not that such commodities were prohibited to bee imported The like is it for a Merchant shipping out vnlawfull wares but heerein hee may haue intelligence by the Customer before hee doe lay them vpon the water to bee shipped Againe if a Merchant carrie money by water downe to Grauesend with an intention to bestow the same in Bayes at Sandwich or in other commodities at Canturburie hee is first to declare the same in the Searchers Office or else the money is lost and three times the value vpon information For no money of Gold or Siluer or any forrein Coyne or Plate brought into the Kingdome can be transported only for Passengers expences some foure or fiue pounds may be carried out But for commodities brought in which haue payed Custome the same may bee shipped out againe by Cocket without paying any more Custome and Imposition so it bee done vpon good Certificate that it is the same commoditie and that the propertie thereof is not altered and this must be done within sixe moneths after their importation All Merchants ships being laden Permitted to breake bulke at Tilburie-hope haue alwaies time out of mind beene permitted to breake bulke below or at Tilburie-Hope and to pay no Custome but for the goods they brought vp or landed in England and not for the goods which they did transport in the said ship or in any other vessell or ship which priuiledge and certainetie of Merchants Custome ought to be seriously obserued better than it hath beene of late And of this and other obseruations Merchants and Factors are to giue notice to their friends and Masters to the end they do not incur any danger To enter goods vpon sight which to auoid in some sort is effected by entring the goods vpon sight of the Customers view by opening of them In Barbarie and other places where the Customes are paied in kind or Species if any part bee concealed and not entered that onely will be forfeited and yet the losse is greater because they will make choice of the best as for example Suppose a Merchant doth enter diuers sorts of Linnen-cloth and concealeth some pieces the Officers will take both the tenth piece for the Custome and all the concealed pieces of the best and finest sorts to your exceeding great losse In the Low-countries and Germanie as also in most places of Italie and Turkie you shall onely forfeit the goods concealed and bee permitted to compound for them as you can agree wherein the circumstances in some places will be considered and the manner how the error grew or whether it were done with a set purpose There are also in diuerse places allowances made as in England vpon Wines in regarde of lecage of tenne or fifteene vpon the hundreth or else all the Buts and Pipes are to be filled vp Allowances made vpon Customes and Impositions and so to pay accordingly wherein the time of the voyage foule weather and other accidents are to be considered to make your composition thereafter Vpon Clothes to be shipped out Allowance vpon Clothes there is allowance made of the tenth Cloth for a wrapper which payeth no Custome and so of all other woollen Commodities which pay after the rate as three Northeren Kersies for a Cloth foure Deuonshire Kersies two single Dozens one double Dozen six Cardinals Pin-whites Statutes Stockbridges Straites and Tauistockes foure Cornish Dozens Pennystones vnfriezed Island Dozens and Northeren Plaines for one Cloth two Bridgewaters Cornish and Deuonshire double Dozens Florentines Northren Dozens single and pennystones for a Cloth to be vnderstood for a short Cloth coloured or white of twentie and foure yards long waighing 60 ll vntill 64 ll whereof English Custome was a Noble and the Merchant Straunger
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 Qâ—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 Yorkâ—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 oâ— 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 Ciuâ—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 Blackâ— 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 workâ—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
Mints beyâ—nd â—he Seas called the Generalls of Mints which did determine such and the like questions and controuersies arising between the Wardens and the Mint-masters which were men of great knowledge and experience in Mint affaires and had from the Prince large stipends giuen them for to attend these Mâ—nt businesses when the trialls of pixes or of the boxes are made and the Mint-masters make their accounts with the Prince Hereupon the said assay-Assay-master according to his courteous behauiour was very well pleased to heare me as he said in fauour of Iustice and Truth And so I began to answere gradatim and articularly as followeth Drinking vp of the copple admitted First concerning the drinking vp of the copple albeit that it appeareth vnto me by certaine testimonialls made beyond the Seas by Generalls Wardens Mint-masters and Assay-masters that if a copple or teast be well made it drinketh not vp any siluer at all yet I will admit that it doth so because you are so confident that you can take it out of the copple or the most part of it and so I will proceed Two penny weight of copper acknowledged to be put in Secondly I do acknowledge that there is two pennie weight of Copper put into the melting pot as you say for it is commixed at twentie pennie weight which is a fâ—ll ounce where the standard requireth but eighteen pennie weight but this is done to counteruaile the wast of Copper which commeth by melting of Bullion remelting of the Brocage and Scizell and by working hammering often nealing and blaunching of the moneys whereby the moneys grow better in finenes than they were at the first melting because so much and more copper doth waste Wast of copper counteruadeth the copper put in and can it waste lesse than ten ounces in one hundreth weight No surely which is the cause that the red Booke in the Exchequer for Mint affaires admitted this two penny weight for waste which is but ten ounces in the hundreth And to say that this two penny weight of siluer is the cause that the Mint-master putteth in two penny weight of copper Vnequall proportion it carrieth not any proportion to put one for one when the mixture of the Standard is eleuen to one But you reply vnto me That the Mint-master is to beare all wasts and therefore must answere the same and be charged in account for it I answere That the accounts of all Mints are made only vpon the finenesse of moneys by their weights and that it was neuer otherwise vsed in England vntill this day All accounts are taken vpon the fine matter onely and if the Warden will bring a new manner of account than euer hath beene taken according to the Leidger Booke of the Mint and the Comptrollers Booke then the Mâ—nt-master is to be charged with euery thing in his proper nature siluer for siluer and copper for copper otherwise it were better for him not to put in any copper than to be made to answere siluer for it But the Mint-master must hold as well his allay as his fine siluer Allay to be kept according to the statute 2. H. 6. ca. 2. and in doing otherwise by not putting in of this two penny weight of copper the moneys would be too fine and the Master might incurre fine and ransome Therefore all Mint-masters doe worke according to their remedies and they do beare all wasts incident and casuall as if some ingots were falsified with copper within as hath beene found at the Mint the Mint-master must beare the aduenture of it Hazard of Mint masters for Princes will be at a certaintie which is the cause that the Mint-masters may commix at their pleasure thus farre as the sixteenth Article of the Indenture declareth That euery pound weight Troy shall bee in such sort commixed and melted downe that at the casting out of the same into ingots The Indenâ—uâ—e of Eliz Reg. xluj it shall be and hold eleuen ounces two penny weight of fine siluer and eighteene penny weight of allay euery pound containing twelue ounces euery ounce twentie penny weight and euery penny weight twentie foure graines according to the computation of the pound weight Troy of England which eleuen ounces two peny weight of fine siluer and eighteene penny weight of allay in the pound weight of Troy aforesaid The old right â—â—erling Standard is the old right Standard of the moneys of siluer of England and that the commixture of the Mint-master hath beene done accordingly so that it was found so at the casting out you best know what made the assayes thereof from time to time As for your Melting booke where the allay is entred if you will charge the Mint-master thereby let it be done distinctly for siluer and copper or allay in his proper nature as is said before and then the controuersie is ended Now let vs come to the Standard of the Base moneys made for Ireland I am sure there is not two penny weight of copper put in as in the sterling Standard Siluer taken out by diuision oâ— the standard of Base monies but there is two penny weight of siluer by computation taken out in euery quarter of a pound of siluer which as you say is eight penny weight of siluer in the pound weight why should the Mint-masters account be charged with this where siluer by the diuision of the proportion is taken out and two ounces eighteene penny weight are taken for three ounces from the fire as the Indenture declareth Shall a Mint-master commixe and melt by prescription or suffer other men to melt it for him and yet be made to answere for the finenesse of moneys according to an indented triall peece made of refined fine siluer as you say and receiue neither siluer answerable in finenesse nor the quantity which he ought to haue allowed him according to the Standard I am sure that in the making of these moneys Câ—eaâ— wast of copper there hath beene aboue fortie ounces of copper wasted in one hundreth weight of the moneys made thereof whereby the Bullion is growne finer that is to say These fortie ounces of copper being wasted haue left the siluer behind wherewith they were commixed at the first and so is the said whole masse or bullion so much finer and richer in the proportion which Arithmeticall distribution doth demonstrate vnto mee Demonstration Arithmeticall and in this ingot of course siluer may prooue it vnto you let vs suppose it weigheth 16 ll and containeth 4 ll of siluer and 12 ll of copper and so may we say it is the fourth part siluer if this ingot now should be made to decrease or diminish 4 ll of copper and so it should weigh but 12 ll and therein still containe all the foure pound in Siluer may not we iustly call this to be richer and say it is one third part of Siluer and yet there is no more Siluer than before
and this wee call growne in finesse by the decrease of the masse or proportion and so two ounces eighteene pennie weight of Siluer commixed with nine ounces two pennie weight of Copper made into moneys How Siluer doth increase in finesse becommeth to be three ounces fine by the melting of the bullion remelting of brocage and scizell and by the working hammering often nealing and blaunching which alwaies in base moneys is verie great as experience hath proued call you this poketting vp of almost tenne thousand pounds Well I am content to ioyne my issue hereupon and to proue that the Mint-master hath not pocketted vp any benefit or gaine at all by this finesse of Siluer hid and vnreported in the bullion Aboue nine thousand pound but that he hath beene a looser of so much as hath beene taken from him by making him to answere Siluer for Copper The commixture of these two standerds are contraries and contraries to worke all one effect is strange vnto me with that he desired me to go with him to the Assay-house to see the assays made of our Siluer and Gold and there to end our discourse whereof he seemed vnto me to be verie desirous CHAP. VII Of the Assayes of Bullion and Moneys COmming to the Assay-house there we found diuers gentlemen desirous to see the manner of making of Assayes of Gold and Siluer as also diuers Gold-Smiths which brought some ingots of Gold but no Siluer at all and here we were all courteously welcome and our discourse was interrupted and the Assay-master desired me to haue patience vntil his businesse were ended with the Gold-smiths and so he would make the Assayes of our Siluer first and then come to the making of our Gold Assay which he would first teast before he should put some proportion of it to the triall of strong-water The little furnaces were fired and the Assay-master tooke foure copples or teasts which are made of Bone-ashes he did put them in the furnace quater corner wise with the bottomes vpwards and so let them remaine almost an houre vntill he had made an end with the Gold-smiths Assayes to the end they should be throughly drie to auoid the springing of the Siluer How to make the Assayes of Siluer and then he did turne them vpwards and so cutting off some Siluer of our ingots on both sides he did beate the same verie thin with a hammer and weighing iustly the quantitie of fifteene graines he diuided the same by euen portion of weight into halfe and thereunto he tooke fiue times so much in thin purged Lead and winding or inuoluing the Siluer therein he did put the same vpon the seuerall copples two to two and vpon the other two he did first put the Lead and the Siluer afterwards when the Lead was molten making no great difference in this then with coales he did stop the furnace indifferently neither too hot nor too cold vntill it began to driue and then he made it hotter and finding it to appeare bright hee brought the copples one after another to the mouth of the furnace there he let them smoake a little holding them out and in before he tooke them out Then taking off this Siluer he weighed them one against another and found them alike whereby he knew his Assay was well made and then he weighed them both together and what they weighed lesse than before was Copper wasted And he reported our Siluer to be eleuen ounces and foure pennie weight fine by the true proportion of the pound weight which is to be taken accordingly in the whole ingot weighing some fortie pound weight so that euerie pound of it did containe eleuen ounces foure pennie weight of fine Siluer and sixteene pennie weight of Copper making together twelue ounces for the pound Troy weight and so is finesse knowne by weight and is properly fine Siluer as aforesaid Hereupon I did aske him whether the copple had drunke vp some little quantitie of Siluer which might amount to two pennie weight in the pound weight of sterling Siluer by the computation of Siluer of seuerall finesse and he answered me it had without all doubt The other Siluer Assay he reported to be but eleuen ounces fine After this To make the Assayes of Gold he tooke in like manner fifteene graines of our ingot of Gold and putting the same to the teast as aforesaid to purge the Copper which he did with a hotter fire he did beaâ— the Gold with a hammer verie thin that he could wind it vpon a little sticke round to make it go through the necke of the glasse and to worke the better and hereunto he tooke twentie graines of verie fine Siluer in like manner and put them all together into the viall or glasse and hereupon he did poure some strong-water and put the same vpon coales and there it did smoake and stand vntill it did smoak no more and then it had wrought and separated the Siluer from the Gold which remained whole and the Siluer was turned into water then he did poure out that water into another glasse with raine-water To diuide Siluer from strong-water which diuided your Siluer from the strong-water againe and weighed the Gold againe reporting the same to be twentie and three Carrats fine by the calculation vpon the ballance of his subtle Assay and then we went vp to deliuer our Siluer and Gold to the Warden of the Mint whereof entrie was made in diuers and seuerall bookes of the Warden Comptroller Mint-master and assay-Assay-master and the Mint-master did deliuer bills of the weight and finesse thereof vnder his hand to the Warden of the Mint where we stayed to see our siluer molten and cast into ingots for to be deliuered to the moneyers to sheire the same by weight into small peeces for twelue pences six pences for it was allayed according to the sterling standard and the Assay-master made another Assay of it called the pot Assay and found the same to be standard The Pot Assay whereupon we tooke our leaue and departed and here also he affirmed vnto me that the copple had drunke in the like small proportion of siluer The next weeke following I went to receiue my satisfaction in coyned moneys which were brought vp to the Warden and he perused them whether they were well coyned without crackes or flawes and as the Monyers brought them vp in trayes he tooke out some peeces not well made and cut them a sunder with a sheire and some peeces he weighed and then tooke some other peeces and put them through a hole into a box kept vnder seuerall keyes and some peeces he deliuered to the Assay-master to make triall of Assay of moneys And after I had receiued my money by weight for weight of my bullion I went to the Assay-master and saw him make an Assay of the said moneys in like manner as the other with fiue parts of lead and hereupon I tooke
occasion to aske him Triall of the Pixe whether the last and supreme triall of the moneys which was made commonly once a yeare before the Lords at the Star-chamber was done in like manner And he answered me it was and withall he desired me to resolue the question betweene the Warden and the Mint-master concerning the two pennie weight of siluer hid from report as it is supposed according to our former conference I told him that according to the issue ioyned between him and me that the Mint-master had not pocketted vp any such two pennie weight of siluer as his account was charged withall I would make that plaine by demonstration which he said was his desire whereupon I framed my answere as followeth Foure Assayes of bullion and money I make no doubt sir but you haue marked my obseruations of the foure seuerall Assayes made concerning bullion and money namely the first of the Ingot before melting the second of the pot Assay after melting the third of the moneys compleate made thereof and the fourth and supreme triall of moneys at the Star-chamber as it were before the King and his Councell all which being done in manner alike you haue from time to time told me that their operation or effect was also alike for the triall of the Ingot there the copple had drunke in two pennie weight of siluer for the Pot Assay there two pennie weight was drunke in also the Assay made of the compleat moneys hath drunke in the like two pennie weight and last of all the highest triall of all hath drunke in the like two pennie weight of siluer how can it then be pocketted vp by the Mint-master when it was in the bullion remaining in the pot found in the moneys and confirmed to be so by the supremest trial and why should the Mint-Masters account bee charged either with an imaginarie or substantiall thing which he neuer had or inioyed A Tacite Resolution To this the Assay-master answering rather by signes than words said It was otherwise taken and vnderstood and himselfe tooke now better notice of it and wished that Truth might preuaile according to the saying Magna est veritas praeualet praeualuit praeualebit and so ended our supposed discourse Now let vs come to the mysteries of the Mints beyond the seas to recompence them that might take offence for discussing the premisses and let vs be like Nathaniel in whom there was no guile Qui vadit planè vadit sanè howbeit discretion is requisite The assayes beyond the seas are most made according to the proportion of the marke which is eight ounces Troy and they take twentie graines to make their assayes by which is correspondent with our fifteene graines Thirtie two grains beyond the seas is more than 24 grains with vs. for they diuide their English or penny weight in thirtie two Ases or graines which from twentie foure vnto thirtie two differeth one third part so is fifteene vnto twentie also a third part For this marke weight of eight ounces is twofold the one is called English weight and the other French weight in the Low Countreys But the English weight is most vsed which is diuided into eight ounces euery ounce twentie English or penny weight English marke and euery English thirtie two graines as aforesaid is 5120 graines to the marke This marke and one halfe maketh within a little our twelue ounces Troy for the pound weight being in graines 7680. The French weight called penny weight is also eight ounces French marke euery ounce foure and twentie penny weight and euery penny weight twentie foure graines is 6912 graines for the twelue ounces or 4608 graines for the eight ounces These graines are also diuided in twentie foure Garobes or Primes and the Primes in twentie foure Seconds and the Seconds in 24 Tercies or Malloquen which is superfluous notwithstanding all the said weights and diuisions to make assayes they vse another weight Assay weight which euery man maketh according to his fancie but most commonly they will diuide the marke in twelue deniers or pence and the penny into twentie foure graines and then graines subdiuided of paper making ⅛ 1 10 and 1 32 part of a graine which concurreth neerest with our assay weight for if one pound of siluer doe containe 1 12 part copper they call this eleuen deniers fine as we say eleuen ounces fine For the gold likewise they doe vse the same weight accounting for euery denier or penny weight two carrats so twentie foure carrats for twelue deniers or ounces and consequently eleuen deniers is twentie two carrats c. So the gold marke is twentie foure carrats Gold marke Siluer marke a carrat is twelue graines so 288 in the marke So the siluer marke of twelue deniers of twentie foure graines are 288 graines also which are bigger graines diuided into foure Primes or Siliquas is 1152. They vse also a manner of speech to say Twelue shillings to the marke pound Marke pound euerie shilling twelue pence and euery penny twentie foure graines is 3456 graines in the marke all which is done to make the knowledge of these things intricate In like manner for the sheiring of their moneys Sheire monies they will for euery peece make a penny as if there be made seuentie eight peeces out of a marke they will say it ☞ holdeth sixe shillings and sixe pence in the sheire or for 62 peeces fiue shillings two pence and so obscure things to take aduantage vpon others For the Mint-masters of the Low Countreys and Germanie are verie experienced in Mint matters and the assayes being made vpon the graines may deceiue much if by triall the calculation be not rightly made and if the said mint-Mint-masters were not subtile yet the Generalls which follow the Prince or State doe nothing else but studie these things alwaies therefore let vs obserue more particulars of their proceedings as followeth In the making of coynes of gold and siluer they will vse many times to make peeces of fine gold and courser gold as the Emperiall Royall and the halfe Royall the one twentie three carrats 3 ½ grains and the other but eighteene carrats or the Flanders Crowne of 22 carrats In Germanie the ducat and the gold guildren which for workes being mixed are seruiceable admitting by conniuence the melting of the moneys rather than for want of it Bullion should not be brought to their Mints therefore they also take little for the coynage because it should sooner come vnto them than vnto other Minters where the coynage or seignoriage is great and albeit the same bee but small yet will they find meanes to make other Princes to pay the same Moneys made for transportation and cause moneys to be made for transportation especially for the East countreys to buy corne to bring the same vnto their Magazins whereby trade is increased and Spaine and Portugall supplieth the same by suffering moneys to bee
also transported in the returne of corne whereby Customes doe also augment The Box for moneys is kept vnder three seuerall keyes or lockes by the Warden Mint-master and Comptroller wherein the Warden taketh of euery Iourney of worke one two or more peeces according to his instruction to make the last triall by before the Lords or Estates The mint-Mint-masters haue some remedies allowed them for the making of moneys either for being too feeble and vnder the Standard mint- Remedies for mint-Mint-masters or for being better and aboue Standard And heereupon they alwayes worke by commixing it accordingly whereof they haue an absolute power wherewith neither the Warden nor the Comptroller are to meddle for Princes and States will not be vpon vncertaineties with the Mint-master for he must beare all casualties vpon their remedies with certaine cautions That if it be aboue the said remedies and feebler one halfe penny weight he payeth double and for the double of that quadruple and if it be aboue that hee is subiect ouer and aboue to punishment When the triall of the Box is made if there be quantitie of coyne to auoid the multiplicitie of assayes motion is made to the Master whether by one marke indifferently taken of euerie species of coyne hee will be concluded for the whole quantitie of the worke wherevnto condiscending the markes are weighed out accordingly and the peeces are told and the assay is thereupon made Priuie marke of moneys and the totall worke is reported to be accordingly The like is done in England obseruing the works by the priuie marke of the Rose Mallet Crosse or any other which is recorded in the Exchequer vpon the said trials of the pixes The Assay-masters receiuing Bullion of ten or eleuen ounces fine make their assayes with fiue parts of Lead if it be of sixe or seuen ounces they will take eight parts of Lead if three or foure ounces Lead for the triall of Siluer Assayes then fifteene parts of Lead and if vnder they will take twentie parts of Lead But this Lead is first to be purged because all Lead holdeth some little Siluer and Gold as hath been noted So for Gold if need be more strong-water may be added which may serue once againe for triall Their strong-water called Aqua fortis Aqua Fort◠is made two parts calcined Vitrioll one part Salniter and halfe a part of Allome calcined and distilled as the manner is but for Gold they vse Aqua Regis Aqua Regis which hath the same proportion as abouesaid but there is one fourth of a part of Sall Armoniake added thereunto and vpon their trialls they vse to report halfe a graine for the Masters benefit which must needs be a graine where fractions are not vsed in cipher especially with vs for there is for Siluer nothing reported aboue twelue graines which is the halfe penny weight which is done to haue the accounts cleerer and withall there is no Bullion receiued in the Mint vnder nine ounces fine Base Bullion whereas beyond the Seas though it be neuer so base it is receiued and the rules for calculation are easie and briefe which to auoid prolixitie I doe here omit In the melting of Gold Obseruations for melting of Gold obserue to melt the same first before you put your Siluer allay vnto it and let the finest Gold lye vpwards in the crusible or pot to haue lesse wast and better mixing for the finest Gold is heauiest and seeketh the center let no wind come to your melting pot or crusible for feare of breaking and take fine Siluer for your allay wherein there is neither Lead nor Brasse or Laten which maketh your Gold brittle and bringeth a losse to make the same malliable albeit to make it tough is no charge For take but an old shoo and cut the same into small peeces and put the same into your crusible and stop it vp with a couer let it stand vpon the fire it taketh away the eagrenesse of Brasse Euen as a hot browne loafe of bread cut asunder and clapt ouer the bom-hole of a hogshead of wine tasting of the caske will cure the same of his fowle taste Gold-smiths are appointed to worke Gold of twentie two carrats fine but the triall is made by the touch-stone onely Triall of the Touchstone with an obseruation of the rubbing-strokes vpon it to bee alike and of the same strength which is worthie the obseruation for otherwise you can giue no true iudgement There is also an easie scaling of Gold to be made to fall from the Siluer as it was layed on by the meanes of Quickesiluer To take the figure of coyn To take the figure or print of a peece of coyne take Lampblacke and Vernice such as the Painters doe vse annoint the coyne with it put your paper vpon Lead and print thereupon To refine Gold with Cementation without Strong-water which is costly TAke eight pound of Flanders Tiles three marke Copperas 1 ½ marke Allome ¾ of a marke of Salt and two ounces Saltpeter all being mingled and calcined together take a great crusible put this Cement one finger thicke in the bottome then lay some of your Gold beaten thin or if it be golden coyne vpon it and then of your Cement againe vpon that and thereupon Gold againe which the Alcumists call Stratum super stratum and couer your crusible with tiles leauing a little hole The coyne remaineth with the print whole then begin Lento igne and afterwards with a great fire let it stand foure fiue or more houres and all the Allay will be in the Cement to take the Siluer out of the Cement take foure markes Cement and three marke Potters Lead two marke of Tiles foure ounces of Dodecum foure ounces Saltpeter and doe as before or else you may take out the Siluer by quicksiluer as I haue declared in the former Chapters Blanching of Siluer To blaunch Siluer in a basin of red Copper which must be done before it be coyned take foure gallons of raine-water two marke of red Tartar or Argall and one marke salt cast your Plates being red hot therein and stirre the same as you did before in the dissolution vntill you find the same white enough and after it is coyned then you must colour it To colour Siluer putting the same into great trayes and with water sprinkling them vntill they be moist but not wet then put the colour vpon it tossing and tumbling them and being put into a Melting pot let them be red hot and then cast them into water To make this colour take to twentie pound weight of money three ounces of Sall Armoniake two ounces Saltpeter halfe an ounce Verdegreis and halfe an ounce Copperas calcine them together for that purpose c. Refining by a great Teast To conclude with the refining of Siluer with a great Teast which must be red hot two or three houres trying the same with Lead if it
and fiue shillings Flemish for our twentie shillings sterling whereas before they did allow and reckon thirtie seuen shillings and six pence or thereabouts which is aboue our inhauncing of ten pro cent and ought to be almost thirtie eight shillings whereof our Mint men câ—n take no notice much lesse our Goldsmiths and Merchants which either are ignorant or wise in their owne conceits and it is a hard matter to find in one man that which belongeth to the professions of many and when it is found to imbrace it for wisdome draweth backe where blind Byard is audatious For mine owne part although it were to be wished which is not to be hoped that we were of the Scithians mind who contemned siluer and gold as much as other men do admire the same yet seeing money is by the iudgement of the wisest so necessarie to the common-wealth that it seemeth to be the Sinowes of peace and as it were the Life and Breath of warfare I could not if I were a Law-giuer with Licurgus banish gold and siluer as the causes of much euil and bring in yron in place vnlesse I might be persuaded as he was of such good successe against vnrighteous dealings as issued thereby but rather vse the pretious mettalls so conueniently as I might and supplie the defect with baser coyne whereunto these chiefe mettals of gold and siluer cannot serue without great losse and inconuenience Or else I would by the course of exchange for moneys preuent all and abound with moneys and bullion hauing such Staple commodities to procure the same withall whereof other nations are destitute Let vs now therefore enter into consideration of the Merchants Valuation in exchange Merchants valuation predominant which we haue noted to be predominant and ouerruling the Kings Valuation For if the King do value a peece of sterling siluer weighing about foure pennie weight at twelue pence it wil be currant so within the realm But Merchants in exchange wil value the same at 11 ½ pence and commonly at eleuen pence and so it will be transported in specie by a low exchange and the commodities of the realme will be sold accordingly as you may vnderstand by the declaration of exchanges in our third part of this booke hereafter This Valuation of Merchants hath two handmaides beyond the seas which do aduance the forreine coyne in price as we do by exchange abate the same For Merchants when they haue occasion to vse any species of coynes for transportation as Dollers for the East-countries to buy corne or Royalls of plate for the East-Indies or French Crownes for Fraunce will giue one two or three Styuers or Soulz vpon a peece to haue the same whereby other Merchants buying commodities will condition to make their paiment in such coynes accordingly Currant money in merchandise and so it goeth from man to man by tolleration which is called Currant money in merchandise or Permission money whereby the same are inhaunced two or three vpon the hundreth at the least This inconuenience seemeth to be remedilesse as the Placcart of the Estates of the vnited Prouinces declareth Anno 1594. albeit the course of it is beneficiall vnto them and in regard of them may well be called Permission money For when they will not breake the coyne of other nations as the manner is in all Mints then it is either valued rather aboue the value which contenteth the said nations and so is permitted to passe betweene man and man which draweth moneys vnto them which doth not endure long Valuation altered by practise with Mint masters For the last and third effect of Merchants Valuation between the Mint-masters who loue to be doing and the said Merchants commeth in place either by abating the price of the said forreine coyne by Proclamation to auoid their hands of it or to gather vp coynes before they be inhanced diuiding the benefit between them the Financiers who are Officers of their Treasurie which is done with great dexteritie euerie way in so much that when it seemeth they will not haue forreine coyne and to that end they vnderualue the same then haue they their Exchangers or Brokers to gather vp those moneys to be brought to their Mint where they will giue secretly a benefit and helpe themselues by the sheire which cannot be done without priuate authoritie So that all things duely considered there is nothing but the rule of exchange to preuent and moderate all these inconueniences which to make men beleeue is to vndertake Hercules Labours for herein doth the motion consist and Motus maior expellit minorem Touching the Proportion betweene gold and siluer in valuation albeit some are of opinion That the same is not much materiall in the course of trafficke yet experience hath shewed vnto vs that the contrarie must be beleeued before their conceits And whereas they haue made obseruation vpon my former assertion to this purpose That Spaine holdeth the Proportion of twelue to one and Portugall holdeth but ten to one they doe not marke the reason added therevnto which is That betweene those Kingdomes there are no commodities to establish any trafficke So that exportation of siluer for gold Permutation of Moneyes or gold for siluer is but a permutation betweene them without any profit But England and other Countreys affoording meanes to import aboundance of forraine commodities and gold being with vs in greater estimation than heretofore being but of late yeares aduanced from eleuen to twelue for one An. 1611. that is to say From eleuen ounces of siluer to twelue ounces of siluer for one ounce of gold was continually transported in returne of the said forraine commodities the exchange not answering the true value of the gold so that now when our gold is yet more aduanced the siluer is thereby more abated in price giuing 13 â…• for one and therefore no maruell that gold is imported vnto vs and siluer is exported there being a gaine of aboue tenne and twelue pro cent And this losse of siluer farre exceedeth the gold in value because in quantitie there is in the world 500 of siluer to one of gold Siluer is 500 to one in quantitie by weight extant and if any siluer by accident be imported it is exported againe for the East-Indies and other places they giuing more for it than the price of our Mint for gaine is the commander of all The Proportions vsed within the memorie of man are as followeth IN the Low-countries they did reckon two Phillip Dollers for the Emperours Royall of gold whereby one marke of gold did counteruaile eleuen marke of siluer being eleuen to one in the pound accordingly In Spaine one marke of gold was valued at 53 ½ Pesos euerie Peso 450 Maluedeis and euerie marke of Siluer 2250 Maluedeis maketh the marke of gold to be but 10 â…” valued by siluer but the Spanish Pistolets of twentie two Carrats fine to eleuen Royalls is eleuen of siluer
as particular shall be bound to haue this our ordinance with the figures alwaies readie vpon their Bankes or Counting-houses as also a proclamation fit to be affixed in print declaring the Valuation of the said coynes to the end euerie man may gouerne himselfe accordingly vpon forfeiture of fiue Netherland Ryders to be paied as often as they shall be found without them in their said Offices or Counting-houses 20 Prohibiting all Receiuers Bankers and Exchangers their Deputies and Officers together with all Merchants or other persons of what qualitie and condition so euer to cull out any coynes to separate the light ones for to be issued and with the weightie ones ' to make a benefite vpon forfeiture of twentie and fiue Neatherland Ryders 21 Prohibiting also that none of the coynes of Gold and Siluer which are valued by this Our Proclamation vnlesse it be the Spanish Ryall of 8 with his Proportions shall be deliuered into any Mint to be molten to which end we commaund all the Mint-masters of these Prouinces that they do not receiue any of the said coynes for to melt them There will be no cause to do it and if any be so brought vnto them to detaine the same and to giue notice thereof vnto the Generalls of the said Mints to proceed therein as it shall appertaine And whoseuer shall be found to go about to sell the said coynes or hath sold or broken the same We will haue the same to be forfeited and the double thereof ouer and aboue 22 Prohibiting also the importation of any coynes not valued by these presents either of Gold or Siluer to be brought in for to be distributed 23 And for the better discouerie of the said first authors or importers of prohibited coyns We do command all Our Officers to do their vtmost endeauours to inquire of those with whom they shal find any of the said coynes of whom they had the same and so from person to person vntill the first importers causing them to be punished as aforesaid vnles some can name his first author wherwith he shal be cleered of the said forfeitures and if he do voluntarily accuse his author he shall inioy the one third part of the same and the said first importer shall be banished out of all the said Prouinces 24 If any Officers shall make doubt that any of the said persons haue not dealt well or misbehaued themselues then shall they with the Magistrate haue authoritie to put them to their oath of whom they haue receiued the said coynes and at what price they haue receiued and paied out the same and if they denie to declare the same by oath hee shall be taken as conuicted of the said trespas according to this ordinance But if without equiuocation he will roundly declare the trueth wherby the fault shall appeare he shall be pardoned of the forfeiture and also enioy one third part of the offendors penaltie if it be to be had 25 And in like manner they may and We do authorise them by these presents to seize and open coffers trusses and the letters of Messengers where they haue suspition to containe any coyne Prouided alwayes that the said opening be done in the presence of him to whom the said coffers trusses or letters were directed if they can instantly come at them besides some one of the Magistrates where the said seizure is made to the end that thereby the name may bee knowne of him who hath sent the said moneys at higher prices and to no other effect 26 All which penalties and forfeitures shall be distributed the one third part to the poore of the towne where the penaltie falleth the other third part to the accuser and the other third to the officer who shall challenge the execution to be done vnlesse it were that the said forfeitures did exceed the summe of fiue thousand Guilders In this case the one halfe shall bee for the benefit of the common cause and the other halfe to be diuided proportionably betweene the said three parties And to the end the accuser herein may doe his vttermost diligence his name and person shall be concealed so long as possible it may be 27 And herein we vnderstand that not onely the person which hath committed the said trespasses shall bee subiect to answere for himselfe but also for them of his family The Husband for his wife the Parents for their children the Masters and Mistresses for their seruants men or maides vnlesse it were the said seruants had done the same without their priuitie or knowledge 28 And to the end that this our present ordinance may bee kept and fully accomplished in all her points We doe order and command all the officers of our said Prouinces and euerie one in his office to haue an especiall care and regard of the infringers and transgressors of this our ordinance and to bring them before the Magistrates of their iurisdiction Without that the said forfeitures be any wayes diminished vpon penalty to be deposed of their offices and euer after to be disabled to serue in any office without that they may excuse themselues by ignorance or by a generall transgression of our ordinance which excuse shall not be auaileable vnto them but our intention is to punish them for their negligence and sloth 29 We doe further command all Magistrates and Iustices that setting aside all other businesses and affaires they doe proceed herein summarily onely the truth of the fact being knowne to the condemnation of the transgressors as soone as by two witnesses they shall bee conuicted And â—heerein shall the testimonie of the like offender be admitted and their sentences shall be without appeale or any preiudice 30 We will and command That whensoeuer it shall manifestly appeare that the persons haue transgressed and are found vpon the fact or that by two witnesses the same can be prooued against them the offendor shall be bound to deposite the said forfeitures before he shall be admitted to defend himselfe by the Law whereunto he is to be compelled instantly by the apprehension of his person and otherwise And if it be found that hee is not able to pay the said penalties hee shall be punished by corporall punishment as the cause shall require 31 The Iudges and Magistrates shall haue no authoritie to diminish or moderate their decrees and sentences concerning the said penalties vpon forfeiture to pay themselues the double value thereof and if any of the said offendors should obtaine of the higher powers any fauour or abatement yet shall they bee bound to satisfie the accuser and the officer for their said part proportionably according to the said forfeitures 32 And to the end that Our ordinance may bee better obserued We doe will and order That the Councell of State of the said Prouinces vnited shall call before them the Receiuer Generall of the said Netherlands the Receiuer of the Contributions Confiscations and other ordinarie meanes which are letten to ferme or to be
collected together also with the Commissaries Clarkes and seruants of counting-houses as also the Commissioners of musters ammonition victualls and wagons and to cause them solemnely to sweare to obserue and keepe all the points and Articles of Our said ordinance 33 The Councell of State also shall appoint Commissioners for musters to take by the course thereof the oath of all Collonels Masters of horse Captaines Lieutenants Ancient-bearers Serieants Clarkes and Sollicitors of Companies in Our seruice millitarie which oath being taken shall forthwith by forme of Act be sent vnto the Councell of State 34 Likewise that the Councel of Admiraltie the Officer of Convoyes Masters of Licents their Commissaries Clarkes and seruants and others that are accountable shall doe the like 35 We doe further order that the Committees of Our Councell the Councel Prouincial or of Finances of euery respectiue Prouince for themselues or their Committees shall call before them all accountable Officers as well Stewards of the Demaynes and spirituall liuings Receiuers of the ordinaâ—ie meanes Collectors of toles and all others with their Clarkes and seruants which haue the managing of the coynes of particular Prouinces Item The Registers and Secretaries Aduocates Procters Warders of Colledges courts and chamber of finances to take the aforesaid oath 36 The Committees of States and their Deputies or Councell Prouinciall shall haue care also that all Townes and Villages of the said respectiue Prouinces shall take the said oath before them that are accustomed to take the same and where the same cannot conueniently be done the said Committees of States their Deputies and Prouinciall Councell shall appoint in all Townes and Villages some persons to take the said oath before the Borough-masters Magistrates Treasurers and Secretaries of the said Townes and places also the Gouernours of the East-India Companie and all other Companies alreadie erected or which hereafter shall be erected as also all Treasurers Receiuers Rent-gatherers and their Committees or Clarkes of Lords Princes Earles Barons and other of higher powers Item all Deacons of Churches Masters of the Hospitalls or Orphants Almoners and all those that serue in Almes-houses houses of correction or Colledges and their seruants Item All Bankers of moneys their Deputies and seruants all Masters of Corporations or Societies Masters of handie-crafts-men or trades such as liue by Rents Merchants in Grosse or by Retaile Shop-keepers Brewers Wood-mongers Herring-mongers Cheese-mongers Dyers Beere-mongers Inne-keepers and Tapsters and all those that vse any trade Item all Chamberlaines and Notaries resorting vnder them Collectors of small duties Fermers Impost-master and of consumptions Tole-gatherers gatherers of Poundage Brokers and their Committees Clarkes and seruants within Townes and other places residing respectiuely vnder them And further all those that the Magistrate of euerie towne place or village shall hold conuenient or iudge to be necessarie shall take the said oath vpon penaltie in case of refusall to pay euerie day three guilders so long as they doe not performe the same according to the Proclamation and moreouer to lose their freedome of a Citizen of their trade office or traffick so as no man shall be admitted vnto his office trade or trafficke to exercise the same vntill he haue first in conformitie of Our said Proclamation taken the said oath 37 We haue also concluded and thought good That the Councell of State the Councell of the Admiraltie the Committees or Deputies of the said respectiue Prouinces and all Courts of Iustice shall promise vnder their Signature vpon the oath they tooke at the entrance of their office to keepe all the said points and Articles none excepted And the said Courts of Iustice shall in forme of Act send the said oath of all the said seuerall persons mentioned in the former Article to the said Lords Estates of the said respectiue Prouinces or in their absence to the Committees or Deputies of States within fourteen dayes after the publication hereof which Committees or Deputies of States shall within other 14 dayes after that send the same vnto the Estates Generall to know thereby that this Our ordinance is receiued and the obseruation thereof established the like is to be done by the Councell of State or of the Admiraltie and their Committees or Deputies and others within the time aforesaid 38 Ouer and aboue all the aforesaid oathes to be done respectiuely by euery one the said Prouinces haue mutually promised and by these presents do promise each to other to obserue and cause to be obserued the said Proclamation in all and euery point and Article without any alteration to be done therein making void and annihilating from hence forward all particular graunts consents ordinances priuiledges permission or commaund which contrarie to the said valuation in part or in the whole by any of the said Prouinces Townes Colledges and Magistrates or other members of the same might be giuen and granted being opposite to the common good and welfare of the countrey 39 Also because that hereby the said valuation is much eased for the multitude of coyne whereby it is apparant that many coynes of Gold and Siluer Bullion shall be incident in these Prouinces to the end Our inhabitants be not ouermuch charged with the same but with the least grieuance might be freed thereof Wee will and command the Generalls of Mints instantly and with all speed to take care that in all townes of these vnited Prouinces with the approbation of the Magistrates respectiuely where there are no Bankes of Exchanges nor Exchangers there be appointed one or more persons of credit and reputation as the conueniencie of the place shall require to be Exchangers and in places where such persons are to bee found as are fit thereunto that the Magistrates shall procure them and giue them honest recompence and to furnish them with conuenient instructions and commissions vnto whom or into the Mints euerie man hauing Bullion shall deliuer the same as is mentioned in the Manualls thereof prohibiting vnto all men that are not authorised thereunto not to meddle with any exchanging function directly nor indirectly vpon forfeiture of fiftie Netherland Golden Ryders in specie for the first time and double the second time besides arbitrable correction the one third part to the benefit of the officer the other third to the accuser and the other third to the Exchangers of the place where the said penalties or forfeiture shall happen 40 And for the better obseruation of this present ordinance and command We doe order and command That the same shall be published in all accustomed places where Proclamations are made euery three moneths precisely and as often as occasion shall require to bee renued and published requiring therefore the States of euerie respectiue Prouince and their Committees or Deputies of States to cause the said publication to be done at the dayes nominated 41 Finally albeit Wee haue caused the said valuation to bee â—stablished vpon a firme and sure ground without limitation thereof to any time certaine
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
their bodies vntill the day of Iudgement For albeit the Spirit of man is rightly termed to bee the Facultie of the Soule The Facultie of the Soule is the Spirit of man yet the parts of the Soule concerning Vnderstanding and Will haue their proper relation for that part called Vnderstanding is seated chiefly in the Soule as Will is in the Spirit both to be accompanied with Knowledge The Phylosophers haue made this distinction by their Chimicall obseruation and such as place the Soule in the bloud dispersed through all the veynes of the bodie do also place the Will of man in the spirit residing in the heart of man which the Anatomists demonstrateth to be a little concauitie where the drops of the vitall bloud are placed in the heart which are feared vp and the place is shrunke in bodies which haue been poisoned To make application of this comparison betweene the Soule and Spirit Application of the comparison we shall find by the following discourse that euen as the Spirit of man is predominant ouer the Soule and Bodie in all the actions thereof which by the bloud are quickned and preserued euen so is the Exchange for moneys by Bills of Exchanges ouerruling the course of commodities and moneys in all places where the action of money is felt or seene directing the same by some due proportions accordingly CHAP. I. Of the Beginning of the Exchange for Moneys by Bills of Exchanges THE Exchange for moneys is of great antiquitie for as we haue declared the first Siluer moneys coyned by the Romanes is almost 1900 yeares since And euen as money was inuented to bee made of the best mettalls to auoid the troublesome carriage of commodities vp and downe and from one countrey into another So vpon the like consideration when other nations imitating the Romanes did coyne moneys The cause of the Exchanges Exchange by Bills for moneys was deuised to auoid both the danger and aduenture of moneys and the troublesome carriage thereof This money now being made by diuers Nations of seuerall standards and diuers stamps and inscriptions as a Marke of Soueraigntie caused them to appoint a certaine Exchange for the permutation of the seuerall sorts of coynes in diuers countreys without any transportation of the coyne but giuing Par pro Pari or value for value with a certaine allowance to accomodate the Merchant and the officers to execute the same were called Numularij Argentarij and Collybistae that is to say Numularij of Nummus or the coyne it selfe Argentarij because the Siluer coyne was most vsuall in the course of trafficke and Collybistae because it signifieth a reward for Exchanging Here now let vs obserue foure manner of Exchanges which haue beene vsed and in some countreys are yet continued albeit some of them are abrogated in England commonly called Cambio Commune Cambio Reall Cambio Sicco and Cambio Fictitio which denomination may be admitted The first manner of Exchange called Cambio Commune I Cambio Commune is properly that Exchange which the said Collibistae or common Exchangers did vse by the authoritie of Princes and Common-weales for the lawfull and currant moneys of their Kingdomes and Territories which was found to be verie expedient and necessarie and was established to preuent the exportation of money from one countrie into another countrie and these Exchangers did deliuer in all countries the Money in one specie for the Moneys in other species by them receiued as aforesaid Tables of Exchange Whereupon King Edward the third of England caused certaine Tables to be set vp at Douer and other places of the realme declaring the value of the said sundrie species of coyne of all countries trafficking with his subiects and the allowance which Merchants were to giue to haue their turnes serued as may appeare by the good Lawes made in his time when there was Moneys coyned in diuers places of this Kingdome and not in one mint onely within the Tower of London And this was long before the discouerie of the West-Indies from whence the ocean of Money did run into Christendome And for the gouernment of the said Tables all was at the direction of the Master of the Kings Mint at London and with a correspondence of other Mints namely at Canturburie at Kingston vpon Hull New-castle vpon Tine Bristoll and Exceter And the Exchanger for the King at London did also depute Exchangers in the most places except that certaine Merchants of Florence called Friscobaldi were the Kings Exchangers at Kingston Friscobaldi the Exchangers New-castle and Exceter who made the said Exchanges of value for value with a reasonable allowance and by their meanes were all the said Mints set on worke and the transportation of our Moneys was preuented for as Bishop Tursids booke of Arithmeticke declareth by giuing par pro pari or value for value there was no gaine left to the transporter The Kings of England did constitute these Exchangers Kings Exchangers euen as the Cambiadores and Banquers are vsed in other countries being authorised by the King or Prince of the said countries especially King Edward the first of England who had two Exchangers the one called Custos Cambij infra Turrim who had the charge in buying of bullion and to looke to the coynage of Money within the realme now called the Warden of the Mint the other was called Keeper of the exchange and rechange within or towards this realme for Moneys to be paied in specie by Bills of Exchanges beyond the seas And afterwards the said Exchanges were made without naming the species but according to the value of the seuerall coynes 2 Cambio Reall and this was called Cambium Regis or Royall Exchange which caused Queene Elizabeth to name the Burse in London accordingly This office appeareth to haue been in the eleuenth yere of the said King Edw. by an Act of Parliament made at Acton Burnel since which time the succeeding Kings and Queenes haue continued the same by sixteene seuerall Letters Patents And whereas it seemed that the said two Exchangers could not execute their offices conueniently being asunder it fell out that in Henrie the sixth his time a Law was made by which both offices were put into one mans hand and so continued many yeares vntill the time of King Henrie the eight Exchanges discontinued when he caused base Moneys to be made at the seige of Bulloigne whereupon no certaine Exchange could be grounded albeit that before that time in the two and twentieth yeare of his raigne he caused a Proclamation to be made according to an old Statute made in the time of King Richard the second The Chronicle of Graston That no person should make any Exchanges contrarie to the said meaning or Act of Parliament vpon paine to be taken to be the Kings mortall enemie and to forfeit all that he might forfeit For in his noble fathers time King Henrie the seuenth the Bankers had inuented a course of
of Iohn making mention of Peter and William Here are foure takers vp of money and but effectually one deliuerer of money which is Francis for albeit that Peter was the first deliuerer of the fiue hundreth pounds he became a taker againe of the said money receiuing the same of William so that gradatim Iohn is the first taker vp of the said fiue hundreth pounds Peter is the second taker vp William is the third taker vp and Nicholas is the fourth taker vp of the said fiue hundreth pounds of Francis To this Francis is the Bill of Exchange giuen payable to his friend factor or seruant in the place for which the money was taken vp But the said Bill is made by Iohn the first taker vp of the said money declaring that the value of it was receiued of Peter for William and for Nicholas vpon the account of Francis which is the last deliuerer of the money which Bill being payed all the parties in this Exchange are satisfied and paied and this is done with great facilitie 4 There is also a custome that moneys are taken by Exchange for a certaine place by men who are not generally knowne and therefore must vse the credit of another man as a third person in the Exchange If this man do subscribe his name to the third or second Bill of Exchange it is sufficient and will be duely performed accordingly 5 It is also ordinarie that a master to draw money from his seruant into his owne hands or a merchant in the like case from his factor will make a Bill of Exchange payable to some other person and say in the Bill of Exchange For the value receiued of such a one naming a friend of his as he taketh the said person to be if the seruant or factor do accept this Bill he will be made to pay it and if this person whose name hath beene vsed will deale vniustly the master or merchant shall be remedilesse vnlesse he haue some collaterall writing for the same because the Bill of Exchange must be maintained 6 Againe if a knowne seruant do take vp moneys beyond the seas vpon his master and giue his Bill of Exchange for it vpon the said master the master is liable to pay the same although he did not accept the Bill of Exchange for it is vnderstood that by his credit and not by the seruants credit the money hath beene taken vp so that vntill he make a publicke declaration denouncing his seruant to the Brokers of Exchanges and otherwise the master is to pay all by the Custome of Merchants to be kept inuiolable 7 There is also a custome that a master vnto his seruant or one friend vnto another will send Bills of Exchanges with the names in blanke from one countrie into another as from Hamborough to Embden or from Antuerpe to Amsterdam and from thence to Dansicke and at Amsterdam the names are put in to whom to be payed and of whom receiued and this dependeth vpon the credit of him that made the Bill of Exchange and this is also accomplished verie orderly 8 Againe a Merchant may take by Exchange in another mans name or in his owne name and another mans name together money to be paied in any place where Exchange is vsed and subscribe his name and that mans name or that mans name alone and this man whose name is vsed is liable and answerable to the said Exchange if it be proued that it was done or the like vsed to be done by that other partie with his consent or priuitie for to auoid inconueniences in the course of Exchanges 9 Nay this goeth yet further to be considered of in equitie and so adiudged that if a man do take vp money for any place by Exchange posito from London to Middleborough and there the money is payed and taken vp againe by Exchange for Antuerpe and there it is also paied by money taken vp for Amsterdam and at Amsterdam it is paied for the said money was taken vp there againe for Middleborough and at Middleborough it was againe returned and taken vp for London in one or more summes running in account betweene all these parties dealing therein but here at London it is not paied but goeth backe againe to Middleborough by Protest and there the taker vp of it becommeth insoluent Now if it be proued that those moneys were originally taken vp in London by the credit of that first taker which hath beene a principall cause of the continuance of it by Exchange this man of London is to be charged with it as well as the taker vp of the moneys beyond the seas Thus may we see how tender and noble a Bill of Exchange is of nature which by the proceeding thereupon will be made more apparant * ⎠* CHAP. VI. Of the Non-acceptation of Bills of Exchanges and Customes obserued concerning the same THis high nature of a Bill of Exchange requireth such precisenesse of proceedings to see the performance thereof that euerie man ought to be verie vigilant to obserue the same and therefore as soone as a Merchant receiueth a Bill of Exchange whether it be payable at Sight Vsance or double Vsance he is to present the said Bill of Exchange to the partie vpon whom it is directed to know whether he will accept the same which if he do or promise by writing vnder it the word Accepted First obseruation or with the addition of his name Accepted by me A. B. then the partie is to pay it at the time contained in the Bill but if the said partie be not resolued to accept the same then after twentie and foure houres past it is conuenient to present him the said Bill with a Notarie to make intimation of it vnto him and to know whether he will accept the same as you did before if he denie to accept it then the Notarie doth Protest against him in words that the Merchant doth intend to recouer all dammages which he or the deliuerer of the money beyond the seas or himselfe for others might or shall sustaine thereby whereunto the partie needeth not to make any replie but if he doe and withall desire the Notarie to declare the same in the Notariall Act or Protest which he maketh for the Non-acceptation then the Notarie is to put it down in writing accordingly and to deliuer the same to the Merchant to be sent beyond the seas with all expedition because the deliuerer of the money there may take notice of it and secure himselfe of the partie if there be cause and in the sending of this Protest of Intimation The opportunitie of the first Post is to be obserued to send the same by Second obseruation If the Merchant to whom the Bill is payable were absent or sicke or departed this life neuerthelesse any friend or seruant of his may cause this Protest to be made by the Notarie who doth declare the name of him at whose request he doth present the
an occasion to gather in his owne debts sooner In some places also they may not arrest vpon the Sabbath dayes and Holy-dayes to the end they should not bee depriued of Diuine Seruice towardes God and comfort of their soules The Officers or Serieants may not arrest any man vpon the Bursse or Royall Exchange although the partie to be arrested should yeeld thereunto and renounce the said priuiledge It is not many yeares since that a Merchant of Amsterdam being vpon the Exchange at Antuerp had notice giuen him that another Merchant had giuen order that vpon his going from the Exchange hee should bee arrested and that the Officer did attend him being neere at hand whereupon hee perceiuing the said Officer called him vnto him and said Hee would obey the arrest which for the first time is but an adiourning or citation the Officer did require a pledge of a peece of coyne in token thereof as the manner is which hee gaue him Afterwards this Merchant of Amsterdam being otherwise aduised by his friends did disclaime from that arrest because it was done vpon the Exchange and claimed the said priuiledge insomuch that the Magistrates and the learned Aduocates on both sides did thereupon assemble in the Towne-house as it were the Guild-hall and there the matter was debated and discussed at large according to the lawes And it was at last concluded and determined that the said Arrest was void in Law for the renunciation of a Priuiledge by any particular The renunciation of a priuiledge cannot abolish the priuiledge or many persons cannot derogate or abrogate any Custome or Priuiledge not only in the generall but also in the particular so that within twentie and foure houres after he might haue bin arrested againe but he was non inuentus and vpon this Arrest he was to find caution to answere the law The like is to be vnderstood for all priuiledged places as Churches Chappels Church-yards and other places of iurisdictions and diuers Cities and Towns do not permit any man to be arrested vpon forreine pleas for debts or contracts made in other townes places or countries which are as places of refuge for some Merchants as the towne of Middleborough in Zealand Townes of refuge and the towne of Dort in Holland and other cities and townes in other countries and most cities and towns where a Nation or a Societie of Merchants do agree to make their residence as the Companie of Merchants Aduenturers and others commonly the said cities and townes doe exempt them from all litigious suits which happen betweene themselues to be determined by their Gouernour or Court master so as only controuersies happening betweene them and strangers or inhabitants are subiect to the ordinarie course of the law for the determination of Merchants differences They will also free them from all debts owing by Kings Princes and States so that the subiects goods shall not be lyable thereunto to the end that trafficke be not interrupted The Officers or Serieants which make these arrests are knowne by their habite Officers knowne by their habits or by a rod to be seene in their hands and may not by stealth come vpon a man wherby many insolencies are preuented and Serieants are not subiect to be killed as many times they are with vs. And if they haue not their habits or colours no man is to assist them if they be abused and the rescuing of a man then is no offence and howsoeuer if a man Arrested or to be Arrested do run away euerie man giueth him way as desirous to helpe him to keepe him out of troubles accounting the Arresting of a man to be a part of the hangmans office and neuerthelesse their hangmen are seene to be alwaies in rich apparrell and are reputed as necessarie members in a common-wealth whereas in England it is verie contemptible and base Returning to speake againe of Attachments it is a matter of great consideration with vs not to admit any to be done either in London or any other citie or towne corporate Attachments to be granted vpon specialties according to the custome of London vnlesse it be vpon plaine specialties and also with putting in good sureties for the costs for it is a verie dangerous thing for Merchants dwelling beyond the seas as also Merchants which dwell in remote places of the kingdome hauing their Factors at London if they vpon any surmise or pretence of debt shall make secretly any Attachment in their owne hands of their masters goods either when they know their master to be dead or trauelling in some forreine countries vpon a long voiage as occasion may fall out and so by practise deceiue them of their estates by pleading afterwards the said Attachment or Iudgement had thereupon in bar as aforesaid CHAP. XII Of Sequestrations and Executions THe magistrates considering that abuses may be committed many waies by attachments do commonly vse Sequestration of goods by deliuering them into the hands of a third person or taking of them into their owne custodie or power for by these meanes also are many attachments preuented which men would do if the disposing of the goods or debts did come into their owne power wherein they haue a care not to feed the humour of contentious persons which is meerely contrarie to the course of trade which is the cause that in the execution of their sentences wherein the life of the law doth consist they do proceed gradatim Execution is the Life of the Law and if any such Sequestration is made vniustly or without cause the Ciuile Law as also the office of Priour and Consulls hereafter declared will giue good costs and dammages Considerable Executions In the proceeding of the said Magistrates there are many persuasiue meanes vsed by them in the behalfe of the debtour with the creditor to bring him to a composition if not then some Officers are sent to the parties house to keepe him as it were a prisoner to whom he must giue meat drinke lodging and a daily fee according to the Iudges appointment and as the matter may be of moment to the end that by this pecuniarie punishment he may cause him to pay or satisfie the creditor which is aggrauated by sending two Officers at the first then two more and so six or eight of them to eate him out of house and home for these men will gnaw him to the verie bones and are therefore called Clyuers or Deuourers But if the debtor will not endure this and do go wilfully to prison then the creditor must find the debtor maintenance at the discretion of the Iudge who may if he will presently put him to bread and water which is seldome or neuer done but when it is knowne that the partie hath meanes and will not satisfie his creditor who after the imprisonment of the person cannot come vpon the goods againe according to the common lawes of the realme then he is to be kept in Arcta custodia with