the Lighter because it is a certaine rule That goods are lyable onely to contribution when ship and goods come safe to the Port. Item contribution should be for the Pilots fee Contribution for Pilots that hath brought the Ship into an vnknowne Port for her safegard as also to raise her off ground when the fault is not in the Master So is it when two Ships rush and crosse one ouer another and the company sweare that it lay not in their power to stay the same contribution must bee made for the repairation of both their losses but not so if one of them perish for which an Action may be brought against the negligent Master or Mariner who did make her loose And therefore if such a chance doe happen in the day time by a Ship vnder sayle against a Ship riding at Anchor then the Master of that sayling Ship shall make good the damage and hurt of the other to the vttermost and the like shall bee done if in the night the riding Ship doe put forth fire and light or make any crying to forewarne the other It also appertaineth to this Argument If some sort of goods as Salt or Corne be laid on heap by diuers parteners in one Ship without distinction and that the Master deliuer to any of them their due measure and before the rest receiue their measures the remaining Salt or Corne washes or loses he that had the hap to bee first serued enioyes it fully without any contribution to the parteners First come first serued because when these goods were put into the Ship it was deliuered to the Master Tanquam in creditum and so hee is become owner as of money lent which men are not bound to redeliuer in the selfe same pieces but in value or such like coyne except there bee some condition past to the contrarie And albeit this is not to be imputed vnto the Master as a fault yet if hee that receiueth a losse thereby will bring in this as an Aueridge and charge the assurors with contribution it is vniust for the reason aforesaid and the Master must of necessitie deliuer to one man before another And therefore in the next Chapter wee will set downe the manner of execution for contributions otherwise called Aueridges Concerning the danger and aduenture of Letters of Mart Letters of Mart. or Contremart Siue ius Reprisaliarum or Letters of Marque euery one knoweth that men hauing these Commissions or Letters from their Prince are very vigilant in all places to surprize Merchants Ships and goods for in this one extremitie doth inforce another extremitie when a man is oppressed with robberie spoyles and violence on the Seas by men falsly professing friends in such sort that no petition intercession or trauell can procure a mans right but that the subiect of one Prince hath open deniall of iustice or restitution of goods cannot be had at the hands of a subiect of another Prince nor of the Prince himselfe who should suppresse iniuries and wrongs Then because such vniust dealing doe import iust cause of hostilitie and warfare may these Letters of Mart bee procured to the end men may haue restitution or recompence of their losses especially because these proceedings seeme to denounce a warre without any Proclamation shewing vnto other Nations the like distastfull fauours as they shew vnto vs which are allowed to bee done by Customes Reasons and also by Statute Law in Scotland and afterwards in England The assurors therefore cannot bee fauoured herein Detainment of Princes The next is Arrests Restraints and detainements of Kings and Princes and of all other Persons happening both in time of warre and peace committed by the publike authoritie of Princes as also by priuate persons both wayes dangerous Priuiledged Ships There are in all Countries Priuiledged Ships and Boates seruing the Countrey or the Prince which haue great Prerogatiues and are free of Impost and Customes and not subiect to arrests therefore the assurors are not to care for them for they are to serue the Prince and all Ships are subiect to this seruice vpon command and if they refuse their Ships are forfeited by the Sea-lawes therefore in these cases the fauour of the Admirall is alwayes required It is an ordinarie matter in Spaine and Portugall to make an Embargo vpon all Ships at the departure of the West-India Fleet or the Carrackes for the East-Indies and many times vpon other occasions whereby Merchants Ships being laden are much hindered especially if it bee with Wines Oyles Raisons and such like perishable wares Now if the owner of the goods shall thinke that his wares doe perish lying two or three moneths laden or if it be Corne that may become hote and spoyled hee may renounce these goods or wares to the assurors and thereby bring a great losse vpon them Yet neuerthelesse he shall not need to abandon the goods for by the Policie of assurance it is alwayes prouided That in case of any misfortune it is lawfull for him A Prouiso in the Policies of assurance his Factor or Assignes or his Seruants or any of them to sue labour and trauell for in and about the defence safegard or recouerie of the goods and any part thereof And that the assurors shall contribute each according to the rate and quantitie of the summe by him assured So that albeit that it doe fall out that the goods be not vtterly lost when the Ship is cast away the assured must recouer his whole money because hee hath authoritie by the Policie of assurance to recouer them or any part of them as aforesaid and he is afterwards to yeeld an account thereof for so much as doth concerne euery man ratably otherwise the assured should bee discouraged if by those meanes he should make his assurance intricate and subiect to all cauilations and to the interruption of so necessarie and laudable a Custome as the matter of assurance is Therefore as in the matter in hand wee haue a care for the assurors that they should not bee deceiued by those that cause assurances to bee made so on the other side we would auoid to minister any occasion whâ—reupon they might become quarrelsome but that all should be left to the Commissioners determination who are or should bee at the least best able to examine the premisses Now concerning the Arrests of particular persons Arrests vpon Ships vpon Ship or goods the assured can make no renunciation to charge the Assurors with any losse either in the totall or part because vpon caution giuen to answere the law the ship or goods arrested are instantly cleered in all places either heere or beyond the seas where the arrests are made wherein the iurisdiction of all courts for sea-faring causes are verie carefull to see expedition vsed Barratrie of the Master and Mariners can hardly be auoided Barratrie of the Master but by a prouident care to know them or at the least the Master
other hauing meanes more than sufficient to maintaine the trades considering the great summes of money deliuered at interest although the money in specie be wanting which by these meanes would be supplyed And concerning the priuiledges graunted to seuerall societies it will bee easie to reconcile them by good orders to be obserued in the fishing trade wherein all men of seuerall companies may participate and the generall good is alwaies to be preferred before the particular and that societie which is against the common good ought not to bee admitted or continued for any priuate respect Answere To the second obiection That other nations are more painefull and industrious and haue more skill in the cutting salting and packing of fish and pay no fraight for the transportation of their fish Suppose it be so as you say for the present yet you cannot denie but that the same may be amended by vse and custome seeing our people can endure all climates and hardinesse as well as others and by good orders and gaine may be allured to vndertake labour and pains when want breedeth industrie and gaine is like a second life The managing to make fish more merchantable and vendible may be learned of others in time and for wages men will be procured that shall teach others we know that the prouerbe is true omne principium graue The like may bee said touching the fraight of shipping which in processe of time may be had in the same manner if the coast Townes of England were made and appropriated to bee the Ware-houses or Megasins for the grosse commodities of those countries where the Herrings are sold For the scituation of England is farre more commodious to send away the said commodities for all other countries and in diuers places at all times and seasons of the yeare when their countries are frozen for many moneths together or want many times winde and weather to performe their voyages which was the cause that the Hamburgers could not conueniently continue their fishing trade as is alledged Hauing answered sufficiently as I hope the two maine obiections against the fishing trade let vs now examine the benefit of it by the calculation made by the said gentleman Now to shew truely saith he what the charge of a Busse will be with all her furniture as Masts The whole charge of a Busse Sailes Anchors Cables and with all her fishers implements and appurtenances at the first prouided all new is a great charge she being betweene 30 and 40 Last will cost fiue hundreth pounds and may continue 20 yeares with small cost and reparations but the yeâ—rely slite and weare of her tackle and war-ropes with her nets wil cost 80 pounds And the whole charge for the keeping of her at sea for the whole Summer or three voyages for the filling of a hundred Last of caske or barrels 100 Last of barrels 72 ll For salt 4 moneths 88 ll Beere 4 moneths 42 ll For bread 4 moneths 21 ll Bacon and butter 18 ll For pease and billets 6 ll For mens wages 4 moneths 88 ll 335 ll A hundred Last of barrels filled and sold at 10 pounds the Last is 1000 ll 0 0 The charge deducted 335 0 0 Gotten 665 0 0 Here saith he plainely appeareth The profit of one Busse that there is gotten 665 pounds in one Summer whereof if that you do deduct one hundreth pounds for the wearing of the ship and the reparations of her nets against the next Summer yet still there is 565 ll remaining for cleere gaines by one bâ—sse in one yeare rating the Herrings sold but at ten pound the Last which is commonly sold by the Hollanders at Danske for fifteene and twentie pounds The charge of a Pinke of eighteene or twentie Last Of â— Pinke making fifteene Last of barrel fish he accounted accordingly to cost 260 ll and the prouision and wages to be for two moneths 57 ll and the Last sold at 14 ll 8 ss or 24 ss the barrell there is resting gaine for fifteene Last of barrell fish 158 ll He hath noted moreouer that besides the Hollanders the French men of Picardie haue also a hundreth saile of fishermen onely for Herrings on his maiesties seas euerie yeare in the Summer season and they be almost like vnto Busses but they haue not any gagers to come vnto them but they do lade themselues and returne home twice euerie yeare and find great profit by their making of two voyages yearely And hereupon he concludeth with an exhortation to all noble Exhortation for the fishing trade worshipfull and wealthie subiects to put too their aduenturing and helping hands for the speedie launching and floating forward of this great good common-wealth businesse for the strengthning of his maiesties dominions with two principall pillars which is with plentie of coine brought in for fish and Herrings from forraine nations and also for the increasing of mariners against all forreine inuasions and for the bettering of trades and setting of thousands of poore and idle people on worke But now returning to the lawfulnesse of fishing wherein we are to obserue That albeit hunting hawking and fishing be of one kind as subiect to a like law and libertie because that any wild beast fowle or fish being once taken by any man commonly it becommeth his owne proper by the law of nations yet there is a difference between these three and although hunting and hawking be almost euerie where lawfull yet fishing is forbidden in other mens ponds stankes and lakes as comparable vnto theft Statute Lawes of England Scotland and Ireland concerning fishing THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade whereunto relation may be had containing in substance the ordinances to build ships and boats and appointing of certaine times for fishing and then onely to fish vpon paines not onely of forfeitures and fines but death also according to the manner of offence made and contempt of those decrees and ordinances Prohibiting for the increase of fishes the making setting and vsing of crowes yarres dams ditches tramlets parkings dyking in any waters where the sea ebbes and flowes and albeit some are permitted to lay nets and to make weares yet must he keep the Saturdaies slop that is to lift the same from Saturday in the afternoone vntill Monday And he is to make each space or mesh of his nets three ynches wide except for taking of Smelts and other fish which will neuer be bigger and the same is to be set vpon the water that the midstreame may haue the space of six foot wide vpon paine of fiue pounds The priuiledges of fishers And concerning the fishers safetie and priuiledges it is prouided That all ships sayling to catch Herrings shall during the taking of them let downe saile after day-light is past and let their anchor fall and keepe watch with lanterne and light vntill the day light appeare least otherwise the poore fishers should be
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
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
they shall speake truth to that which shall be demanded of them 3 That they shall not require without iust cause any time of prolongation 4 That they haue not nor wil attempt to corrupt witnesses 6 The sixth time vpon the contestation and interlocutorie sentence you must obserue nine things 1 That the witnesses be presented in presence of the partie against whom they are produced 2 That they bee freemen and honest and not hired nor corrupted 3 That they bee sworne and the producent payeth his charges 4 You may inquire of the partie that doth produce the witnesses as also of the witnesses by certaine articles what may appertaine to the cause in regard of their admittance for to bee sworne because their deposition is the ground of the matter 5 That the plaintife hauing had three seuerall times to produce his witnesses shall not haue any other time to examine any more vnlesse he do sweare that he knoweth not what the former witnesses haue deposed and the Iudge do assent thereunto 6 If the witnesses haue declared any thing obscurely they may declare the same more plainely if the Iudge do desire the same at the intreatie of the partie according as he shall direct 7 After publication of the witnesses depositions there may not any other witnesses be deposed vpon the said interrogatories or any matter touching the same 8 That the witnesses be examined of the time of the place and of the case it selfe whether they haue seene or heard the same what they beleeue or know thereof or of the report they haue heard 9 That to auoid charges there be not too many examined A Maximo of the Law of Arragon The seuenth time is when all must bee alledged which may any manner of waies make for the state of the cause and if it fall out that two witnesses tell one tale as it were verbatim their euidence is voide and the eight time the Iudge proceedeth to a definitiue sentence and the ninth time which must be done within tenne daies the partie may appeale and therupon for the tenth time the pleyto or suite with all the records goeth out of that Iudges court to a higher court where it may not depend aboue a limited time The obseruations doe minister an occasion that many controuersies are ended without law for the parties are not sure to obserue these times and the defendants which seeke delaies are not contented with so short a time of pleading the complainant also may know whether it be safe for him to take his oath as aforesaid that hee is in conscience persuaded of his right To abridge the multiplicities of suits and moreuer paying a fine for wrong molestation abridged with them heretofore the multiplicities of suits Omitting now to speake of other courts of equitie and calling law and Equitie to bee the Common Law so much commended aboue the Ciuile Law by the said M r. Fortescue sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth who hath obserued fiue points wherein the same consisteth let vs obserue many more to extoll the excellencie of the said Common Law as followeth summarily 1 First because of the antiquitie thereof Excellencie of the Common Law of England for that in all the times that the Realme was inhabited by fiue seuerall nations the same was still ruled by the said Customes that it is now gouerned withall which if they had not beene good some of the Kings of these seuerall nations mooued either with justice or with reason and affection would haue changed or abolished the same especially the Romanes who iudged all the world 2 Secondly for that the Kings of England at their Coronation doe take a solemne oath to cause all the Customes of the Realme to be faithfully obserued according to the former institution 3 For that the said ancient Customs or Maximes therof are inexpugnable and doe stand of their owne authoritie as Principles which need no reason to confirme their authoritie as the Lawes of Solon Draco Carondas Licurgus Numa Pompilius and the Law of twelue Tables c. 4 Because all differences and controuersies which happen betweene the King and his subiects are tried and determined by the Law and if it be done in Parlement or by the Iudges it is still according to the Law 5 Because the King personally giueth not any iudgement especially when himselfe is a partie seeing it is against the Law of Nature to be both judge and partie 6 For that notwithstanding the decease of the Kings of England from time to time the Iudges of the Courts of Record that is to say of the Chancerie of the Kings Bench of the Common Pleas which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised and their power ended not immediately with the King howbeit the succeeding Kings doe confirme them in their offices whereby all seditions are preuented during the inter Regnum 7 For that with indifferencie without regard of persons it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects 8 For exercising a power ouer the Iudges which are not to judge of the Law but by the Law and therefore is the word Iudicium properly attributed to their determinations euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates following equitie as it were without Law For there is the like proportion betweene the Law and the execution thereof called Legis Actio as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium 9 For that the officers thereof are authorised according to the qualitie and due execution of it by a proportionable distribution namely The Iudges for terme of life and officers subalterne changing from yeare to yeare to the end the administration of justice may bee more indifferent 10 For the diuersitie of the triall thereof in seuerall Courts according to Law and Equitie is the cause of an agreeing and most necessarie discord as it were Concordi Discordia whereby the bodie of justice is supported by striuing as the stones vpholding a vault as Cato saith 11 For that the Iudges in criminall causes doe change from time to time their circuits and inferiour Iudges of the Court doe execute the place as well as superiour Iudges whereby partialitie is preuented 12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man seeing that euen in criminall causes it hath prouided as much as may stand with justice a helpe and fauour permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading and giuing them leaue to except against the Iurors which they dislike 13 For that it doth forbid the sale of offices thereby intending due administration of justice for where offices are sold as it were by the Great there justice is commonly solde by
Coelo the rather for that so many good Acts of Parlement haue beene made long since concerning the same when the Staple of our commodities did flourish both here and beyond the Seas in the time of King Edward the third The maintenance of â—ree Trade Anno 1622. And hauing of late published tenne causes of the decay of Trade it may be thought conuenient to examine the same vpon the said points 1 The vnderualuation of our moneys by Bills of Exchanges and the ouerualuation consequently of forraine coyne vnto vs which is the Efficient Cause of the want of money in England 2 Vsurie Politike practised by many and abandoning Trade 3 The litigious suits in Law to the hindrance of Trade 4 The neglect of the fishing Trade preoccupied by other Nations 5 The endraping of Wooll in other countreys of late much increased 6 The policies of Merchants of seuerall Societies 7 The false making of Cloth and other manufactures 8 The exportation of the materialls of Woolls Woolfels c. 9 The warres of Christendome Pirats and Bankerupts 10 The immoderate vse of forraine commodities within the Realme But before we come to this examination The beginning of the Staple let vs obserue the beginning of the Staple and their priuiledges in the gouernement thereof The most ancient foundation of Merchants and merchandising in this Kingdome both for Trade and Gouernement had by continuance of time before King Henrie the third did obtaine the name of Staple the commodities of the Realme as Woolls Leather Woolfells fells Lead Tinne Butter Cheese Clothes and other commodities were called Staple Merchandise The Ports from whence the said commodities were to bee transported were called Staple Ports as London Westminster Hull Boyston Bristoll Southampton New Castle and other places The places of residence of these Merchants both within this land and beyond the seas were called the Staples the Lawes and Ordinances made by the said Merchants were called Staple Lawes vnder their gouernement consisting of a Maior two Constables and other Officers hath the trade of this Kingdome time out of mind flourished to the great inriching of the Kings and Kingdomes and it hath beene supported and assisted by the wisedome of the State in all ages as may appeare by the seuerall Acts of Parlement made for that purpose in the times of Henrie the third Edward the third Richard the second Henrie the fourth Henrie the fifth Henrie the sixth and King Henrie the seuenth So that comprehending the Merchants aduenturers Societie with them which began in the said time of King Henrie the seuenth it is aboue foure hundreth yeares standing that the said Societie hath beene as we haue noted For by the prouidence of all those Princes the Staple Trade was from time to time established and especially by King Edward the third in whose raigne a great number of memorable Lawes were made for the purpose appointing the said officers and their fees to preuent extortion and all the Kings subiects that would bring their goods to the Staple and trade The ancient free Trade according to the Lawes and Ordinances thereof were admitted to be Merchants such was the free trade of this kingdome in those daies wherein the subiects of all sorts vpon all occasions might freely participate vnder gouernment At these Staples were the Kings Customes duely collected and by the officers of the Staple at two seuerall times paied into the Kings Exchequer and by their gouernment were many inconueniencies preuented whereby the former causes of the decay of trade were either moderated or reformed namely 1 The moneys of the Realme were required to bee answered in true exchange according to their intrinsike value and their Doller or other forraine coyne was by the Maior and Constables valued accordingly for there was no merchandising exchange vsed neither were Bankers knowne and when there wanted money in the kingdome or was like to want order was taken by them to import Bullion either the 1 â— or 1 â— part of the value of commodities exported The debts betweene Merchants were transferred or set ouer by bills to bee registred before the Maior or Constable which was currant without the strict proceedings of our Common Law And the like may be done now by a Register authorised by his Maiesties letters Parents 2 In those dayes vsurie was accounted to bee an abominable thing for it was not vsed by any course politike but seeing it is now so generall in all countreys the best remedie to abate the same in price is to procure plentie of money within the Realme by the meanes before mentioned which will bee more effectuall of course than any law that will be deuised for the moderation thereof 3 To auoide the litigious suits in law the said Maior and Constables of the Staple had authoritie to determine them with all expedition and if it were vpon a difference betweene a Stapler and a Merchant stranger there were two Merchants strangers admitted and ioyned with the Maior or Constables to determine the same and that with a present execution without delay especially vpon a Statute Staple acknowledged before the Maior or Constable as aforesaid 4 The fishing Trade was not preoccupied by forrain nations as it hath beene within these hundreth yeares as hath beene noted albeit such Ships as were permitted to fish in the Kings Seas and dominions payed six pence for euerie tunne burthen which is now eighteen pence and this trade might be established with vs notwithstanding that the seuerall Societies of the Merchants Aduenturers Russia and Eastland Merchants are of opinion that England cannot maintaine the same and the cloth Trade together as they haue certified 5 The indraping of wooll or making of cloth being of late much increased beyond the Seas and lesse cloth made with vs may giue the better meanes to establish the fishing Trade as aforesaid 6 The pollicies of Merchants of seuerall countries is to bee met withall as the Staplers did in times past looking to the sales both of woolls and all other Staple commodities and the prices of forraine commodities to preuent the ouerballancing in price of the said forraine wares with our natiue commodities 7 To preuent the false making of cloth let vs obserue that at these Staples Merchants goods were alwaies diligently and carefully viewed and subscribed by the Correctors and other Officers of the Staple to the end that all goods exported might bee answerable in goodnesse to their expectation vpon the view required whereby this Staple Trade continued without any interruption for they were the sole Merchants of the Realme without competitors vntill the time of King Henrie the fourth at which time certaine Mariners and Mercers of London vsing to barter English clothes in Holland Zealand Brabant and other places had by the said King Henry the fourth a gouernour set ouer them onely to bee a iudge to heare and decide their controuersies and to punish their misdemeanors with license that they might congregate themselues for that
it were whereby other nations haue still an aduantage CHAP. XIII Of the nature of Bills Obligatorie beyond the Seas and in England SVch is the sinceritie and Candor Animi amongst Merchants of all nations beyond the seas in the obseruation of plaine dealing concerning the said Billâ— Obligatorie betweene man and man that no man dare presume to question his owne hand for if he be stayned therewith he is not only vtterly discredited but also detested of all Merchants The forme of the Bills being as followeth onely Mutatis mutandis Forme of Billes Obligatorie I A. B. Merchant of Amsterdam doe acknowledge by these presents to be truely indebted to the honest C. D. English Merchant dwelling at Middleborough in the summe of fiue hundreth pounds currant money for merchandise which is for commodities receiued of him to my contentment which summe of fiue hundreth pound as aforesaid I do promise to pay vnto the said C.D. or the bringer hereof within six months next after the date of these presents In witnesse whereof I haue subscribed the same at Amsterdam the 10 of Iulie 1622 Stilo nouo A.B. In the East Countries and sometimes in the Low-countries they will put a seale to it and then the word subscribed and sealed goeth together but there is no mention made of any deliuerie or deed for that is vnderstood of course in so much that if for want of payment the Bill be put in suit and the partie adiourned or cited to make his appearance The Iudge making no doubt of any such matter will instantly say to him My friend what is the reason that you haue not payed this your Bill to C. D for to deliuer a Writing or a Bill as an * Called Apocha or Apodissa by the Ciuilians Escroll as we say at the Common Law is vnknowne vnto all Merchants there and the bringer of the Bill called with vs the bearer of it shall be admitted to recouer the same without any Letter of Atturney or other Warrant Especial notes concering Bils Obligatoâ—ie The Ciuilâ— Law and the Law Merchant do require that the Bill shall declare for what the debt groweth either for Merchandize or for Money or any other lawfull consideration The words Currant Money for merchandize is because that Merchants for diuers respects tollerate commonly the moneys to go currant at a higher rate in the course of trafficke than they are valued by publicke authoritie of Kings and Common-weales And when the Bill mentioneth Money it is taken to be Money at deposito or interest wherein is to be obserued That the interest must be ioyned with the principall summe without any specification whereby it may be separated or distinguished because the debtor shall not pretend to pay the same at his best opportunitie and pleasure as may thereupon be done for money letten for loane retaining still the principall in his hands and paying the interest from time to time quarterly or halfe yearely for it is lawfull and accustomed that although one hundreth pounds were taken vp for one whole yeare after the rate of ten vpon the hundreth the Debtor or Taker vp of it may discharge the same at three moneths if he will paying one hundreth and two pounds ten shillings vnlesse the Bill made for the same be made paiable at a time limited with a penaltie of a summe of money called by the Ciuilians Poena Canonica which with vs in England is done vpon a Bond with a forfeiture of halfe or double the summe of the principall wherewith the interest is also ioyned without distinction which may not exceed the rate of ten vpon the hundreth for the yeare in the computation whereof diuers things are to obserued as we shal declare hereafter Now if a Bill made beyond the seas be done by two three or more persons as hauing bought a commoditie as partners together or taken vp moneys together at interest wherein they bind themselues all as principall Parties or Debtors yet euerie man is but bound to pay his part Subscription of Bills Obligatorie The like is if one be bound and two or more do put their hand and seale and vnder-write and seale the said Bill as Principals yet paying their proportionable parts they shall be cleered by the Ciuile Law and the custome of Merchants but if they doe simply subscribe and say we are Sureties then they are all bound for the whole as if the words we or either of vs in solidum were expressed which is the cause that in all notariall writings onely vsed vpon questionable matters decided or to be decided they do not only bind the parties with these words but they do also make a declaration of all renuntiations of priuiledges Renunciation of Priuiledges and what they be and especially of exceptio diuisionis and then it is one for all Exceptio ordinis excus sionis is to meddle with the Suerties before the Principall Renouncing the Letters of Adrian the Emperour for the cessions of goods Prolongations of paiments Vintages or free Martes all Constitutions Canons Priuiledges or Statutes and Acts of Parliament made or to be made published or enacted and in these cases the debtor is alwaies to be bound with the Suerties in all Acts or Instruments made before Notaries Renouncing also the benefit of Senatus-consultus or Arrest Velle Ioan for the prerogatiue of women which vpon the decease of their husbands doe claime their portion brought in by them in marriage or their dower or any thing else that may be alleaged or imagined In England Billes Obligatorie being made payable to the partie his Heires Executors Administrators or Assignes may conueniently be set ouer as aforesaid because the lawfull assignee shall bee of Record and registred also vpon the Bill and if there bee two or more bound in a Bill fraudulent dealing will be also better preuented for by the Common Law Acquitance to one dischargeth the rest if one doe release one of his Debtors by way of acquittance that is bound with others vnto him they are all released and acquited thereby although there were neuer so little payed of the debt insomuch that a receit for parcell of the mony receiued of one of the debtors being made in full payment of his part onely doth neuerthelesse discharge them all as for example by woefull experience may be demonstrated Three Linnen Drapers of London bought of a Merchant stranger 40 pieces of fine Hollands cloth amounting to 160 ll and gaue their ioynt Bill for the payment of it at six moneths one of them became insoluent and being imprisoned made a composition with the Merchant for eight pounds and thereupon had a generall acquitance made to him onely Shortly after the other two Linnen Drapers being somewhat pressed for the payment and ingaged for the other they did plead the other mans generall acquitance which was but a receit made of the said eight pound expressing that is was in full of his part and neuerthelesse vpon
thirteene shillings and foure pence whereunto is added the auncient Custome heretofore paied by the Merchants of the Steele-yard or Haunce-townes being 14 pence so together 14 ss 6 d a Cloth besides the ouerlength of 3 d ¼ the yard The pretermitted Custome of Cloth which is of late comprised in the new Imposition of the pretermitted Custome for waighing of Clothes at two pence the pound so that a short Cloth paied in times past a noble and now tenne shillings besides the ouer-length according to the weight after the said rate of two pence for the pound all which the Merchant stranger payeth double Also whereas of late yeares since the Customes were letten to farme all Commodities as Sugars Spices Raisons of the sunne and others are weighed and thereupon the Tarra for the Caske or Chest is to bee allowed Allowance for Tarra or Cask and so the Custome is payed There ought good allowance to be made for the said Tarra because many commodities being vnladed and hauing taken the moisture of the seas increaseth the weight of their Caske so that Merchants pay many times Custome for that which they haue not by the strict dealing of Officers contrarie to equitie and justice if they doe not warily looke to their affaires wherein the Officers may also be excused Now to conclude touching Customes we must consider what they may amount vnto vpon the hundreth according to which Merchants are to cast vp their accounts for benefit and losse as aforesaid Custome The Custome in England called Parva Custuma was three pence vpon euerie pound that the commodities are rated in the Custome Booke which is paid by Merchants strangers now altered paying 6 d. Subsidie The Subsidie or Poundage is payed by all Merchants of what nation so euer which is 12 d vpon all commodities brought in And for Cloth exported 6 ss 8 d for English Merchants and Merchants strangers double Imposition The new Imposition established in the yeare 1608 is also 12 d vpon all commodities imported and vpon some commodities exported is limited so that Custome and Subsidie in England is 12 ½ vpon the 100 for Merchants strangers besides but leridge or scauage almost one pro cent more for goods inward and for English Merchants is ten vpon the hundreth Impost The Impost of Wines is limited vpon the Butt Pipe or Hogshed as by the Booke of rates with the Composition money and other dueties In Spaine and Portugall they take after diuers rates for commodities some â— 10 or â— â—â— and twentie fiue vpon the hundreth esteemed to be one with another vn quinto or â— â— part or 20 pro cent with the Alcaualla taken for Brokeridge to sell them In Barbarie seuen pro cent Alcaualla aboord The Turke taketh â…• part as the Aegyptians The Venetians take 3 5 7 and 10 vpon the hundreth with great aduisement and vpon the Manufactures of other nations 14 15 and more And the like is done in France to aduance the handie crafts man The Great Imposts demanded in the yere 1604 by Philip the third King of Spaine of 30 vpon the 100 of French English Great Imposts and Flanders commodities was soone abolished when the French king Henry the 4 did the like for one extreame enforcing another is of small continuance CHAP. XXXVII Of Merchants Wagers Stipulations or Conuentions FOr as much as diuers Ciuilians haue intreated of this arguments of Merchants Wagers and made some Treatises de Sponsionibus wherevnder matter of Assurances is comprised it may not be thought impertinent to handle this subiect briefly and diuidedly from Merchants Assurances alreadie declared in his proper place The said Ciuilians do distinguish these Wagers or Sponsiones to be threefold 1 Where a Wager is laied with a pawne in the hands of a third person 2 Where by way of Stipulation some thing is giuen vpon a Wager 3 Where a thing deliuered or by a couenant made with another person the same is promised to be restored and double treble and ten times the value thereof vnto the partie with whom the Wager is made if the matter in question or doubt do not take effect whereof many examples may be giuen and declared namely The Great Wager betweene Cleopatra Queene of Aegypt Examples of Wagers and Marc Anthonie for the great expences of a supper by dissoluing the Paragon Pearle and drinking the same as Plinie reporteth when Lucius Plancus was made judge of that Wager and pronounced that Anthonie had lost That of Cecinna whereof Cicero maketh mention for the recouerie of his grounds taken from him in hostile maner by Eubusius and restored againe That such a Cardinall shall be elected to be Pope That such a King is dead and such a town is taken in all which the Wager is made by Pawne Stipulation or Conuention as aforesaid and hereof are innumerable examples Hereupon they conclude That all Wagers laid must be for honest causes and as it were striuing for vertuous actions and that these by the law are to bee maintained in the performance of the Wager wherein custome is the best interpreter Custome the best interpreter of Law euen in the point of law which is considerable in all cases by the long obseruation of them A Wager being laid that the Pope of Rome or the Emperor or any other great personage shall die within the yeare Lawfull Wagers and vnlawfull is good in law but to lay Wagers as desirous or wishing some vnexpected euill or aduerse fortune vnto an honest man or although it were to an enemie is neither ciuile nor naturall in the vnderstanding of well disposed men A Wager laied vpon the death of a priuate person is disallowed but not for the contracting of any supposed or expected marriage which is lawfull All Wagers laied in lawfull games are allowable but in prohibited games cannot be recouered by the Ciuile law So Wagers made by lookers on vpon other mens games are disallowed which is the cause that Stipulations are made putting the pawne or money downe which is called to stake downe and if it be vpon an vnlawfull game then the lookers on are subiect to punishment as well as the gamesters A Wager laid who shall eate or drinke most is vnlawfull If a Gamester or a Merchant playing receiue twentie and promise to giue fiftie for it the next day playing the Conuention is good A Merchant laying a Wager to giue tenne for one if such a ship arriue within a limited time within such a Port or Hauen is good in law A Wager is laied vpon the arriuall of a ship in the port of Lixborne and a certaine summe of money promised thereupon it falleth out that the said ship is a Galeon so deniall is made to pay the money The Law did determine the money should be paied because the word Ship is a generall name although it be called by diuers names As a Notarie is called a Tabellion Scriuenor or a
care must be had herein both by the parties and Scriueners which make the bonds Concerning agreements to be made between Bankrupts and their Creditors there is a question made That if Creditors do agree with their Debtors for some part of their debts Agreements to be made between a Bankrupt and his Crediâ—ors because of the Debtors losses and misfortunes Whether when the parties being become rich againe may reuoke their agreement And the law hath determined this question That if vpon the agreement there be an Acquitance made by the Creditor then the same agrement is absolute and cannot be reuoked vnlesse the Acquittance were conditionall The greatest number or the greater summe of the Creditors being agreed with the Debtor are bound to be conformable with the other and to do the like with the helpe of authoritie not onely by the Ciuile law but also by the Merchants Court of Prior and Consuls which authoritie is alreadie noted before to bee in the Lord Chauncellor But the difference is great betweene the greater number of the Creditors or the greater summe for a man may haue an infinite number of small Creditors or few Creditors for verie great summes by him owing so that the greater number should ouerrule the greater summes It is therefore thought conuenient to follow the greater summes which neuer the lesse doth not hinder the smaller number to proceed vpon goods appertaining to the partie if they can find them if by the said authoritie the whole estate of the Decoctor be not managed Bills of conformitie in Chancerie wherupon the Bills of conformitie were of late yeares vsed in the Chauncerie which by the Parlement Anno 1621 are made void because of diuers great abuses committed in thedefence of Bankrupts who to shelter themselues from the rigor of the Common-lawes did preferre their Bills of complaint in Chauncerie which was in the nature of a Protection and the parties broken became to be releeued for easie compositions with their Creditors albeit at charges another way extraordinarie Now concerning fugitiue persons being indebted if they be Merchants they are taken pro confesso to be Decoctors or Bankrupts Fugitiue Merchants for they in substance by their absence denie to giue a reason of their losses to their Creditors which they ought to do if by fortune they are to haue good and fauourable dealing if it shall appeare that by losses and not by wastfull or lewd behauiour they came behind hand whereby the Creditors are induced to diuide in some measure the parties goods amongst them as they may by the law and custome of Merchants The statute made in the 34 yeare of King Henrie 8 hath well prouided against these fugitiue persons Proclamation against fugitiue Merchants that a Proclamation shall be made against them That if they doe not returne within three moneths after they shall haue notice of it which by Affidauit must be certified to present themselues in some conuenient place to be declared that then they shall be proceeded against as if they were contemners of the lawes of the realme And in the meane time by order from the Lords of the priuie Councell who haue authoritie to grant a warrant for the Proclamation all such reuenues of lands or goods to be sequestred and afterwards to be sold as cause shall require for the paiment of the Creditors which execution hath lately beene practised against diuers but lyeth onely against the kings subiects but not against strangers nor other persons which are not Merchants or trades-men All meanes of strict proceeding are to be vsed against those fugitiue Merchants as also other Decoctors and against them that do giue them any aide or assistance which is not tollerated by the law for he that will helpe them because he may the sooner recouer of him his owne payment may be conuicted of fraud by the law when it is found out and discouered besides that the other Creditors may call that mony backe againe to be distributed amongst them And the Dictio Nullo modo How to be takâ—n nullo modo is to be vnderstood at no time and without any reason of excuse in all other things prohibited by the law especially in this which concerneth the disturbers of commerce so much to be celebrated And because many questions do arise by the meanes of the interruption of trafficke by Bankrupts and that as I haue noted alreadie the lawes in most countries doe differ in the proceedings against them I haue therefore in this Chapter made a more ample discourse both of the Ciuile Law the customes of the Merchants courts and the examples and lawes of other countries to preuent the multiplicities of cases which might be alledged by true obseruation of the premisses A question which concerneth the estate of Bankers The question concerning Bankers which haue their seuerall places or Bankes in diuers iurisdictions and become Bankrupt How their Creditors shall be dealt withall in the diuiding of their estates betweene them is worthie the obseruation for whereas they keepe two three or more Bookes of account in seuerall places and therein distinguish the Creditors of their seuerall Bankes The Ciuilians are of opinion for the most part That the Creditors of one iurisdiction should not participate with the Creditors of another iurisdiction and haue put the same in practise but the court of Merchants do vse to take an account of the state of the Bankrupt dispersed in all countries and diuide accordingly * ⎠* CHAP. XLV Of Manufactures HAuing so often inculcated that important argument whereby true Merchants are to be carefull That trafficke and commerce may be profitable as well to the common-wealth as to themselues we may not omit to intreate of Manufactures as an important matter to the customarie Law of Merchants considering the aboundance of materials and stuffe which the realms of England Scotland and Ireland doe affoord Idlenesse the root of all euill whereby the people may be set on worke to auoid idlenesse which is the root of all euill most dangerous in countries which are populous Experience demonstrateth vnto vs how many other nations hauing not stuffes of their owne but from others do neuerthelesse set their people on worke vpon the stuffe and materialls of other countries making and dispersing the same into a large trade Therefore it is conuenient to incourage all men to reward new inuentions with some priuiledges for a time and not for euer New inuentions to be rewarded to auoid the course of Monopolie and to make the benefit to the common-wealth more generall which maketh men painefull by the radicall moisture of gaine whereof Merahants are to haue a consideration so to reward the artificers and handy-crafts-mens labours that they may liue by their worke according to the Dutch Prouerbe which themselues vse so frequently Leuen ende laeten leuen To liue and to let others liue This is to be regarded also by states-men Liue and let liue forbearing to
impose ouer great Customes to be paied vpon commodities whereby the people is set on worke both vpon goods imported and exported It is therefore prohibited in France that tallow be brought in but not candles old shoes but not cobled paper but not cards and the like much more for richer wares as silkes cotton-wools and linnen c. The commodities which are not made at all or but in small quantitie in England and may be practised are manie as Buckrams Tapistrie Bustians Cambrickes Canuas Cables Babies cloth of Gold and Siluer Damaske Diaper Mather Paper and diuers other things all which may bee made in time Quia nemo nascitur artifex And herein is to be considered That all other nations being carefull to maintaine manufactures cannot but take an offence if any other nation will endeauour to doe all and to exclude others which extremitie enforceth another One extremitie enforceth another as we haue found by the enterprise of the late new companie for dressing and dying of all the white clothes in England which caused other nations to make clothes of their owne by the woolls of other nations For as hath beene noted it is contrarie to that common entercourse and mutuall course of commodities whereof some countries are destitute and other countries do abound thereby supplying the barrennesse of the one with the superfluities of the other maintaining a friendly correspondence and familiaritie The Impresa Sceptra foeuent Artes may better be attributed to common-weales or popular gouernments than vnto Monarchies or Kingdomes because experience proueth the same vnto vs by the great quantities made of manufactures and dispersed by way of trade as we haue noted by the laudable engrossing of them at Norenbourgh To vndersell commodities is verie dangerous The striuing of making commodities and to vndersel one another are dangerous and preiudiciall to both parties for by their contention they hinder each other and bring commodities to be lesse esteemed This is a matter of great consequence for statesmen to be taken into their serious consideration for as the Spaniard saieth Quien todo lo quiere todo lo pierde Setting the fishing trade apart which causeth all sorts of poore to imploy their hands though they want legs let me recommend vnto you Bogging of Peate and Turfe the making and bogging of Peate and Turfe the rather for the want of wood which England is like to haue in progresse of time the woods being much decayed and inhaunced in price and Peate and Turfe may bee made seruiceable to supplie the vses of wood and set an infinite number of people on worke As the making of Yron and all other mettalls made in fowndries and fineries the boiling of mineralls as Allome Salt-peeter Copperas and the like the burning of Brickes and Tyles the making of Glasse the refining of Sugar besides the common vse for brewing baking dying and other professions and euerie man consuming wood more or lesse in his house besides sea-coale Commodities by the bogging of Turfe And here I cannot omit to say something of the commodities which wil redound hereby to the commonwealth namely all boggie wast grounds and quagmires vnprofitable and dangerous for feeding of cattle and deere shall be conuerted to profitable vses in the making of Peate and Turfe and in time with the oft dreaning of the waters turne to firme ground and fish-ponds It will preuent the oft drowning of deere and cattell venturing for some grasse growing in bogs and quagmires whereby also many of them become rotten by drinking the vnwholesome red waters thereof All the said grounds wil be safer and pleasing for hunting and planting of woods and the fish-ponds may be planted round about with Osiers hazelwood for hoopes with diuers other profitable meanes as in Holland for the said turffe is to bee made according to their manner auoiding the sulphurous smell by two yeares drying of them before their vse and then they will in time bee vsed by most men which now find the said turffe to bee offensiue as they did in the beginning when sea-coales came to bee vsed in priuate mens houses if this had beene followed the bogging of turffe had beene alreadie pleasing and profitable Next let vs somewhat digresse from Manufacture to Apifacture Apifacture of Hony Wax and with Salomon the wise send the sluggard to imitate the painefull and laborious Bees for the increase of Hony and Waxe in England Scotland and Ireland and others of his Maiesties dominions and let mans helpe succour this Apifacture if it may be so called as followeth The meanes to increase Hony and Wax doth properly consist in the preferuation of Bees and the making of conuenient Skepes or Bee-hyues after a new inuention Namely you may make your Skepes either with Straw or Wicker of two sorts The Beehyue of two pieces and to bee of two pieces to take off at the crowne or neere the midst of the Hyue that when they haue gathered and filled vp their house and that the roome is scant within then take away the vpper halfe and clap on a boord or the bottome or head of a pitch Barrell or tarre Barrell or the like hauing pitch on it casting Mault meale or Beane meale vpon the same and then daube it well with clay about the skirts and setting on with your clay mixt with some salt and when you haue thus done then raise it vp below with so many wreythes as you tooke aboue for the gelding of your Hyues before which is verie needfull to make the greater plentie and increase For making your Skepes in this manner the Hony may bee taken at all times but especially when you doe perceiue by the lifting vp of your Skepes that your Bees are well prouided for the Winters prouision and that there bee plentie of food yet to gather then cappe them Take a strong wyer make it flat and cut your combes in two and then haue a parchment in readinesse to follow the wyer to keepe a sunder the wax from cleauing laying on your boord with pitch and meale as aforesaid This to be done in Summer Preseruation of Bees for the Climate of Great Brittaine c. 1 IN Mareh your Bees doe beginne to breed and then they beginne to sit let them at that time bee serued twice euerie weeke because 2 In Aprill your Bees beginne to hatch serue them in hard and rugged weather whereby they are hindred to be abroad 3 In May is your Bee comming forth looke to serue them vntill Midmay 4 In Iune are your Bees in their strength for casting and then there is great plentie of Flowers and Dewes for them to feed vpon 5 In Iuly they are full of Hony therefore cap your first swarmes and take vp the rest for Hony that you meane to take vp for that yere and cap as followeth 6 In August is the most breed of Bees past and you may cappe likewise those you meane to keepe ouer the yeare I meane
vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull â—easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the â—â—act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
so am endangered to my neighbour for my necessarie payments it is great reason that my debtor beare my losse rather than I should sustaine harme or danger for my good will And this is defined to be a gaine to be taken Vsurie ex damno habito improper ex damno habito and it being so is improperly called Interest in defence of Vsurie In like manner if a shop-keeper lend money freely to his neighbour till such a day hauing then occasion to vse it at some Faire to lay it out in wares if hee breake touch the shop-keeper may in iustice take the benefit for his money losing the profit which he should haue had by the wares which he was hindred to buy Ex lucro cessante and this is taken for lucro cessante But in neither of these was an intention to deliuer money at Interest Some are of opinion That it is better for them to deliuer their money by exchange and that therein they are lesse to be euill thought on than by dealing vpon Vsurie But this difference consisteth onely in the name for they haue both an intention of gaine vpon money and doe beare an aduenture for the losse of their moneys whereas the one is bound to receiue but tenne vpon the hundreth at the most Difference of gaine by Vsurie and Exchange and the other doth expect fifteene or twentie vpon the hundreth at the least onely in regard hee doth beare an aduenture to lose by exchange which is verie seldome but still the intention remaineth which should be the surest guide of conscience to take away all counterfeit pretences The Venetians and others allow no Interest at all but approue the benefit and course of exchange although it be aboue Interest By the aforesaid rules Vsurie is weighed straightly in regard of Charitie albeit it may fall out otherwise that the borrower hath sinned therefore in such cases circumstances are to be considered and then iudgement to be giuen accordingly If I deale with a Merchant that maketh gaine of my money with his trade and commerce and is well able to pay mee againe being chiefly inriched by my meanes why should not I in reason haue part of his benefit and aduantage when by my goods hee is growne rich Suppose foure men are become parteners two doe disburse large summes of money and the other imploy their labour and industrie to make by lawfull trade a great benefit thereby is it not reason that the other two although they were idle at home should haue part of the benefit You will say you hold this reasonable for it is not Vsurie at all but these two men take tenne in the hundreth for their money nay then you reply and say It is Vsurie although the other two had gotten thirtie in the hundreth by it How can this be a biting Vsurie Obiection Answere But they haue not borne the aduenture of the Seas but conditioned a certaintie the answere is That they haue not onely borne the aduenture of the Seas but many other casualties besides and in trusting them that had no meanes of their owne Well therefore say you I will not deliuer my money but to rich men herein you shew no charitie and may be deceiued too for you know not what money a man hath in his purse so that your conscience is stil the surest guide to direct you with prudence as the loadstone doth the variation of the Pole So much for particular persons Now comming to examine what the Kings of England haue done concerning Vsurie wee find that both before the Conquest and after Vsurie hath beene banished by some Kings and by some other Kings it hath beene tollerated according to the times and occasions King Edgar before the Conquest did vtterly forbid all Vsurie Bankers sent out of the Realme so did King Edward the first who did send out of this Realme as well the Italian Bankers that came from Pope Gregory the tenth called Cursini as all manner of Iewes who did mightily oppresse the Realme To omit what other Kings haue done we know that Henrie the eight in the 37 yeare of his raigne made a Statute whereby none were suffered to take aboue tenne in the hundreth vpon loane either for wares or money and this was repealed by the Statute of Anno 5 Edw. 6 which afterwards being found against Policie was abrogated So the Statutes of Queene Elizabeth did succeed which doe tollerate the said ten in the hundreth which are of such strength and continuance at this present that King Iames himselfe is contented to allow the said rate to the Londoners for some moneys borrowed of them wherein as I said before time and occasions do alter things and as the case for the present standeth with England and forraine Nations we haue Vsurie like a Woolfe by the eares dangerous to be kept and more dangerous to abandone the same This Vsurie being indeed exercised to the poore or to the rich without respect of damage ensuing becommeth intollerable But in case of Interest when time of payment is neglected in the state of orphants in mutuall hazard or in hazard publike Where Vsurie is allowable simply to disallow it is to cut off all trade and commerce or reparation of damages and to goe about to remedie a mischiefe with a greater inconuenience The Law of Iustinian the Emperour doth therefore moderate the course of Vsurie which is much to bee regarded where the words are thus as followeth 1. Coâ— C. de Vsuris Wee haue thought necessarie to make a generall Law or Statute touching the quantitie of Vsurie bringing the old hard and most grecuous weight of the same to a certaine moderate stay or meane rate Therefore We command those Noble men that are Earles or their betters that they doe not make any stipulation or firme bargaine by any manner of contract whatsoeuer great or lesse for Vsurie or gaine to bee had aboue foure in the hundreth Those that are guardians or gouernours ouer handie-crafts men or places where Artificers doe worke or else doe vse any lawfull trade of merchandise Wee will that they shall moderate their stipulation or firme promise taken in any bargaine to eight in the hundreth And as for those that doe aduenture their goods beyond the Seas and put out their substance vpon their owne hazard such may lawfully demand by firme promise to receiue twelue in the hundreth and in no wise to take aboue that rate although by the old Romane Statutes it hath beene lawfull to exceed And We will that all other men shall take onely six in the hundreth aboue the principall and the same quantitie of excesse in no wise to bee enlarged in other contracts where Vsurie is wont to bee demanded without stipulation or couenant made neither shall it be lawfull to the Iudge to increase the foresaid taxation or rate made by reason of the Custome vsed in any Countrey c. This Imperiall Ciuile Law hauing
a regard to the qualitie of persons was duely obserued albeit the lender of the money could haue taken more when the borrower would giue it to serue his occasions without this precise obseruation of the qualitie of persons A matter considerable now adayes since the West-Indies haue beene discouered whereby the currant of moneys is diuided into many countreys and runneth also according to occasions and the Policie of States and Merchants Difference of the rate of Vsurie For the tolleration and permission to deliuer money at Interest doth differ in the rate in most countreys taking in one place more and in another lesse according to the trafficke and Merchants deuises A Policie by plentie of money In Poland Lituania Prussia and other countries adiacent when they do abound in corne money is commonly verie scarce and the price of corne thereby much abated at which time they will rather tollerate or proclaime the moneys to be inhanced in price or to be deliuered at interest after fifteene twentie and sometimes twentie and fiue vpon the hundreth for a yeare or a lesser time hereupon presently great store of money commeth from all places thither which maketh the price of money to rise Afterwards when many ships are laden and the fleet departed from Amsterdam and other places then the interest beginneth to fall accordingly In the Low-countries it is lawfull for a Merchant to take twelue vpon the hundreth for the yeare and after the rate for the longer or shorter time within the yeare But this rate may not be exceeded vnlesse it be vpon some conditions of casualties or aduenture The Romanes and Grecians made a difference as hath beene noted according to the law of Iustinian But the taking of one in the moneth was most vsuall because Merchants were the most lenders And this twelue pro centum is to be vnderstood also to be Interest vpon Interest wherein equitie is to be obserued Interest vpon Interest for this twelue pounds being deliuered out againe vnto another is pro rata as beneficiall as the 100 ll principall Albeit in case of damage when matters between men are growne litigious and depending in suits then the courts of Equitie will account the whole time for the forbearance of the money according to the yeres past without any Interest vpon Interest Polititians or states-men are to haue a serious consideration of the operation of this Vsurie politicke Vsurie a measure of mens actions as a propertie inherent vnto money because that according to the rate of Vsurie men do measure all their actions by trade and trafficke or purchase build plant and bargaine in all things accordingly And vsurie is so inherent and doth properly grow with the decay of trafficke The decay of trade increaseth Vsurie as pasturage doth increase with the decrease of tilling Whereupon the following considerations are to be handled as matters of moment especially in kingdomes and common-weales which haue no gold or siluer mines of great value but aboundance of forreine commodities returned for the great plentie and quantitie of their home commodities wherein the high continuall rate of Vsurie may proue more preiudiciall than the abouesaid policie of Poland Lituania or other countries can be beneficiall vnto them For we see that generally all Merchants when they haue gotten any great wealth with vs leaue trading and fall to Vsurie the gaine whereof is easie certaine and great whereas in other countries Merchants continue from generation to generation to inrich themselues and the state as we find diuers renowned families in Germanie Italie Spaine and other countries There was this last yeare a Tract against Vsurie presented to the high Court of Parliament of England Anno 1621. shewing the inconuenience of the high rate of Vsurie after tenne in the hundreth in comparison of the lesser rate of sixe in the hundreth taken in the Low-countries where money is so plentifull and vpon this difference is a certaine operation of Vsurie noted to be predominant ouer vs both in our trade and other affaires First it is alledged that by reason of the high rate of Vsurie Reasons against the high rates of Vsurie not onely rich trades-men giue ouer trade but a number of beginners are vndone and discouraged thereby their industrie seruing but to inrich others and begger themselues Secondly that many trades thēselues are decayed thereby because they cannot affoord so great a gaine as ten in the hundreth whereas if the rate of Vsurie were no higher than in other countries they had subsisted and flourished still and perhaps with as much aduantage to the publicke as those that do bring more to the priuate aduentures which ought to go together or else the common good of the State is seldome greatly aduanced Thirdly that by this disaduantage betweene six and ten in the hundreth other nations and especially our industrious neighbours do out trade and vndersell vs for they almost double the vse allowed which we cannot by paying ten in the hundreth wherby also all contributions to the war works of pietie and glorie of State are better cheape to them than to vs as also the buildings of ships or hiring of them and all other things Fourthly that aboue all the rest it maketh the land it selfe of smal value causing the same to be sold so good cheape that men doe not seeke by industrie any more to improue them which is plaine both by example and demonstration For we see in other countries where the vse of money is at a low rate lands are generally sold for thirtie fortie and some for fiftie yeares purchase being the best assurance and securest inheritance which men haue and therefore bearing still a rate aboue money which would increase if the rate of Vsurie did decrease and consequently labourers wages and other dependances thereupon which are therein more amplie declared the scope of all tending to haue a moderation in the price of Vsurie Obiections to the moderation of the rate of Vsurie Hereunto are certaine obiections also alledged and their answeres to maintaine the rate of Vsurie at ten in the hundreth with vs in England albeit other nations take but foure fiue and six in the hundreth or 6 ¼ which is called rent after the pennie sixteene for sixe times sixteene and one fourth maketh a hundreth after the manner of the Low-countries The obiections are few in number First The long continuance of ten in the hundreth and things are well enough Secondly That sodaine changes are dangerous Thirdly That money will sodenly be called in and the borrowers be much preiudiced Fourthly That money will be harder to come by and commerce much hindered And lastly That Merchant Strangers money now going here at vse will be carried away againe if the rate of Vsurie should be called downe Answere to the obiections The answere to the first and second obiection is That the practise of Vsurie hath not beene so generally vsed as it is now when mens
and equalitie of moneys domesticall and forraine A most easie remedie aâ— aforesaid and to let all Merchants exchange one with another by Billes of Exchanges as they now doe and can agree amongst themselues but neuer vnder that price seeing it is against all reason nature and policie to vndervalue the Kings money by exchange and all the commodities accordingly to the incredible losse of the Realme Will not this be as easie to be done as we see the rudder of a ship doth gouerne the greatest carracke or vessell being but a small peece of timber fastened vpon the paralell of the keelne of the ship whereby it is directed according to all the variations of the Compasse as wee haue said elsewhere Let the practise hereof assure vs and we shall not need to seeke the golden Fleece in Colchos which wee haue within our owne Iland of Great Britannia our feeble pulses will be felt when our hammers shall beate in the Mint for moneys and bullion are to the State a second life If any Hedgmint for so doe the States of the Vnited Prouinces of the Netherlands call the Mints of pettie Lords Hedgemints what they bâ— which by falsified standards do imitate to coyne the money of other Princes should seeke to maintaine inequalitie all their imaginations will proue to be but chymeraes and toyes for it will bee easier for the King to alter the price of this equalitie of exchange accordingly than it is for a Miller to turne his mill to grind his corne with all windes insomuch that when it shall bee once established and knowne there will not want some backbiter or Momus to make little estimation of this Columbus voyage to the rich Indias and goe about to disgrace this great seruice to the King and Commonwealth for they shall be able to set an egge on the end by way of imitation as others did when they saw it done before Prerogatiue Royall to set a price for moneys By these meanes shall the ancient Office of the Kings Royall Exchanger bee supplied and it is one of the greatest prerogatiues the King hath to set downe a price on his owne coyne and thereby to giue a certaine measure to buy and sell which is by the Merchants exchange and conniuence of tolleration by forraine States abridged and in a manner frustrated and it imports the King more to reforme this exchange than any other Prince because God hath so blessed England that no Nation of Christendom trafficketh so much in bulke of Staple commodities as this Realme which Boters though altogether Spanish in times past and no friend to England confesseth that two yeares before the taking of Antuerp An. 1584. all the wares of Christendome being valued and summed by the officers of that City which were vented there in one yeare the whole being diuided into sixe parts the English amounted to foure parts thereof which is the cause also that England hath the head of exchange The Basis of Exchange which is our Basis and foundation of our twentie shillings sterling whereupon most exchanges are made and this head may command the members and parts of the body more conueniently by the Kings commandement as before hath beene declared I haue in this Chapter thought conuenient to remember this important matter againe with a varietie of stile to reuiue and recreate the spirit of the Reader to the end all the premisses may in his apprehension and conceit giue more delight and pleasure euen to naturall mother wit whose commendation may not bee omitted CHAP. XIX The due commendation of naturall Mother Wit FOr as much as all humane actions being fallen from perfection to imperfection are to ascend againe from imperfection to some measure of perfection Naturall Mother Wit casting her eyes backe Per varios casus per tot discrimina rerum challengeth the precedencie of Art by way of Prosopopeia by her ingenious obseruation of number weight and measure vnder which she hath noted that all substantiall things vnder the cope of Heauen are subiect Who will denie saieth the intellectuall part of Wit that euen as forma dat esse rei so I caused dame Nature to performe her function by producing spotted lambs when I ouercame the eie-sight in generation Gen. 30. ver 37 so when the teeth of infants come forth orderly and conioyned by my obseruation are they made an obiect for the tongue to play vpon did not I teach those that could not pronounce the letter R to lay little pimble stones vnder their tongue to eleuate the same to make them apt thereunto as also to cause the ligaments to be broken without which the Grammarian cannot ascribe to himselfe Grammatica Vox literata aâ—ticulata debito modo pronunciata By which abilitie the Caldean Hebrew Greeke and Latine letters were afterwards by Arts inuented ypon which foundation Logicke was builded whereby I caused verum falsum to be distinguished and trueth to be descerned which the Logitians haue so much obscured by their Sillogismes and Arguments founded vpon Distinctions Diuisions Subdiuisions Logica Quillets and Exceptions by varietie of termes that without my helpe the trueth can hardly nakedly be knowne which by Art should be made plaine and not intricate for a ripe Wit will dispell the foggie mysteries of deceitfull fallacies as the Sunne driueth away the winds and clouds Poets are beholding vnto me whose Naturall wittie facultie maketh them famous according to the prouerbe Nascimur Poetae fimus Oratores But now Art steppeth in Rhetorica and claimeth the honour of Rhetoricke as deuised by her with the helpe of the facunditie and fluencie of speech and is called Ornatus persuasio whereunto the celeritie of Wit occurreth saying soft sir do not take me to be all Wit without wisdome like vnto trees full of faire leaues without fruit Arithmetica for loe yonder commeth Arithmeticke which is the originall and ground of all the seuen liberall Sciences or Arts without which non of them can subsist her poesie is Par impar This foundation was laied by me amongst the heathens and vnlearned creatures of America and other countries to demonstrate numbers by fingers and toes telling two three foure and so to ten then ten and one and ten and two and so forth still making signes as they speake and when they will reckon twentie they will hold downe both their hands to their feet shewing all their fingers and toes and as the number is greater so will they double and augment the signe obseruing the same by a little bundle of stickes laied or tied together and separated a sunder obseruing thereby their paiments and promisses according to Number Weight and Measure This is that accounting by scores yet vsed whereof their Arithmeticke gaue denomination before any of the said Arts were inuented and this is properly to be attributed vnto me ab origine For I haue noted that in things created and ingendred the Elements are