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

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are but one and so is Coniunction and Putrifaction likewise Cibation and Fermentation then followeth Congelation and at last Multiplication and Proiection which are also but one For mine owne part seeing that no man can be perfect in any one Science I hold it not amisse for a man to haue knowledge in most or in all things For by this studie of Alcumie men may attaine to many good experiments of distillations Chimicall Fire-workes and oth●r excellent obseruations in Nature which being farre from Merchants profession I hope shall not giue offence to the Reader of this Booke seeing it is but in one Chapter accidentally handled Neither will I craue pardon of the Muses as it were insinuating to the world to haue a far greater knowledge in these trialls or conclusions but to satisfie the curiositie of some that it may be with a gaping mouth expect to vnderstand somewhat of the Stuffe put into these glasses I may say as I was informed That in some was the calcined ore of Sil●er and Gold in some other Mercurie calcined and Sulphur in some other Arsenike for the Ayre Sulphur for the Fire Mercury for Water and Seacoale for the Earth were put altogether as the four Elements In some other glasse was Vitrioll and Orpiment and what more I doe not now remember concluding That where Nature giueth abilitie Art giueth facilitie I haue read all the Bookes of Paracelsus that I could find hitherto and in his Booke De Transmutatione Rerum I doe find to this purpose the obseruations following concurring with my friends opinion concerning Ripleys 12 Diuisions comprized into sixe and the seuenth is the matter it selfe and the labour or working resteth wherewith I doe end this Chapter and proceed to the surer ground of the Mines of Mettalls Omne quod in Fri●ore soluitur continet Aerum Spiritum salis quem in sublimatione vel distillatione acquirit assumit Omne quod in Frigore vel Aere soluitur iterum calore Ignis coagulatur in Puluerem vel Lapidem Solutio verò Caloris soluit omnia pingua omnia Sulphurea Et quicquid calor ignis soluit hoc coagulat Frigus in mass●m quicquid calor coagulat hoc soluit rursus Aeer Frigor Gradus ad Transmutationem sunt septem Calcinatio Sublimatio Solutio Putrifactio Distillatio Coagulatio Tintura Subgradus Calcinationis compraehenduntur Reuerberatio Cementatio Sub Sublimatione Exaltio Eleuatio Fixatio Sub Solutione Dissolutio Resolutio Sub Putrifactione Digestio Circulatio qui transmutat colores separat purum ab impuro purum superius impurum inferius Sub Distillatione Ascensio Lauatio Fixatio Coagulatio est duplex vna Aeris altera Ignis Tintura tingit totum corpus est fermentum massae farinaceoe panis Secundum est Quod calidius liquescunt eo celerius tintura transcurrit sicut fermentum penetrat totam massam acetositate inficit c. Sequitur Mortificatio Fixatio sulphuris in Libro de Resuscitatione Rerum Reductio metallorum in mercurium vivum CHAP. II. Of Mines Royall THe Mines called Royall are only of Gold Siluer and Copper of which three mettalls Princes made choice to make their moneys of simple or mixed as shall be hereafter declared But for as much as Siluer is found in the lead Mines and that the siluer Mines haue their Ores mixt with hard lead also it happeneth many times that there are great questions about these Mines when Princes will claime their interest in some lead Mines because they are rich in siluer as of late yeares betweene Queene Elizabeth and the Earle of Northumberland as you may read in Master Plowdens Commentarie of Booke Cases where it was adiudged That if a Mine be found richer in siluer of more value within the Ore than of lead all charges of the working of both mettalls being fully paied the Prince may claime the same to be a Mine Royal wherein must be had great aduisement some Ore in one place being richer than other Ore in another place of the same Mine whereof we may handle in his proper place of other Mines Beginning therefore with Gold the most precious mettall Gold Mines let vs obserue That the same is found in hills riuers and in the earth but not mixt in Ore as Siluer Copper and other mettals That which is found in the riuers is the finest as containing lesse corruption and is all of one goodnes otherwise There is Mayden-gold so called because it was neuer in the fire Naturally all Gold hath a little Siluer in it as also some Copper and comming out of the ground it is soft and doth harden by the ayre Such Gold as hath no need to be refined but may be vsed according to his finesse in workes or to make money is called Aurum obrison such was the Gold which sir Beuis Bulmer knight brought out of Scotland found in the sands of the riuers neere vnto the Gold Mines of Crayford-moore Crayford Moore in Scotland which was aboue twentie and two Carrats fine and better than the French crowne Gold I saw some eighteene ounces of it which was in big graines some like pease found out by the Sheepheards by whose meanes that place hath beene discouered in the latter time of queen Elizabeth Some other Gold hath beene found out also in Scotland within a white sparre wherin it groweth neere the superficies of the earth runneth into smal veyns like pins fit to be refined by quicksiluer from the sparre because it is as pure Gold as any found in Africa or Barbarie which we call Angell Gold holding but halfe a graine of Allay I haue seene the like sparre of Gold which was found in England in countie of Lincolne at Brickell hill neere Spilsbie by Lincolne Brickell Hill in England But neither this place or any other are lookt into for the reasons hereafter declared being right worthie to be regarded with a curious eye and an industrious vnderstanding and consequently many other whereof this Monarchie of Great Brittaine is rarely blessed and especially in Scotland where much barren ground is for God in his diuine wisdome doth counteruaile the said barrennesse of the soile with the riches contained within the bowels of the earth as in fertile ground with the Corne and fruits growing vpon the superficies thereof An obseruation to find out any Mines which may serue vs for an obseruation especially where we find riuers of water running about the hillie places in dales which the Spaniards did so much regard in the West-Indies seeking after Mines that in all places where they found not the same they presently gaue ouer the search after them Gold doth come out of many countries as out of the mountaines in Bohemia riuers of Pannonia in Hungarie out of the kingdome of Sweaden but it is all exhausted There was wont to come out of Spaine of the riuers and mountaines aboue twentie thousand pound weight yearely
heretofore accounted two Carrats for an ounce of Siluer And all moneys of Gold and Siluer do participate of this finesse according to their substance which maketh their standards thereafter whereby the sterling standard containeth eleuen ounces and two penie weight of fine Siluer and eighteen pennie weight of Copper and our Angell Gold holdeth twentie and three Carrats three graines and one halfe and halfe a graine of Allay as shall be hereafter more amplie declared together with the proportion betweene Gold and Siluer Let vs now speake of the properties of Moneys in the course of Trafficke and make the effects thereof apparant The propertie● of Moneys The first propertie is That plentie of Money maketh generally all things deere and scarcitie of Money maketh generally things good cheape whereas particularly commodities are also deere or good cheape according to plentie or scarcitie of the commodities themselues and the vse of them Money then as the Bloud in the bodie containeth the Soule which infuseth life for if Money be wanting Trafficke doth decrease although commodities be aboundant and good cheape and on the contrarie if Moneys be plentifull Commerce increaseth although commodities be scarce and the price thereof is thereby more aduanced Nay by Money a trade is made for the imployment of it both at home and abroad For those countries where things are good cheape are destitute of trade and want Moneys and although things for the bellie are good cheape there is lesse benefit to be made by Merchants According to plentie or scarcitie of Money then generally commodities become deere or good cheape and so it came to passe of late yeares that euerie thing is inhaunced in price by the aboundance of Bullion and Moneys which came from the West-Indies into Europe which like vnto an Ocean The Ocean of Moneys hath diuided her course into seuerell branches through all countries and the Money it selfe being altered by valuation as aforesaid caused the measure to be made lesser whereby the number did increase to make vp the tale being augmented by denomination from twentie to sixtie or of those latter yeares from fortie to sixtie So that plentie of Money concurring herein made euerie thing deerer and especially the forreine commodities as we haue noted before which caused some men to be of opinion That our Moneys should be more inhaunced as it were striuing therein to exceed other nations wherein they are farre from the marke Alteration of M●ney altereth the price of things for if that were done not onely all the forreine commodities would be deerer but also our home commodities howbeit onely in name The like would happen if Moneys were by allay of Copper imbased as experience hath proued in the time of King Henrie the eight and of latter yeares in the realme of Ireland so that we see the Prouerbe to be true That the vnknowne disease putteth out the Physitians eye The plentie of Money required must be not with a consideration that we haue or may seeme to haue more moneys than in times past but according to the present great quantitie and aboundance of Moneyes now found in all countries which in effect haue more proportionable part thereof than England hath Neither was Money more plentifull when an ounce of Siluer was valued but twentie pence iudging of Money as we do of Commodities either deere or good cheape according to the price for Money must be still the measure and ouerruleth the course of Commodities Howbeit Exchange of Moneys is predominant ouer Commodities and Moneys as shall be declared hereafter The second propertie of Money proceeding from the operation of Vsurie deuised thereupon The operation of Money by the rate of Vsurie whereby the measure is ingrossed and also falsified is That the rate of Vsurie is become the measure whereby all men trade purchase build plant or any other waies bargaine and consequently all things depending vpon the premisses are ruled and gouerned accordingly as in the Chapter of Vsurie Politicke is declared to the decrease of Trafficke and Trade Moneys will haue substanall value really The last propertie of Money is to haue an internall value in substance whereupon the Exchanges of Money are grounded in so much that in countries where the transportation of Money is prohibited and Merchants Strangers and others are commaunded to make their returnes in Commodities or by Exchange if the Moneys be base or of Copper the value in Exchange will be made accordingly to the vtter ouerthrow of all Commerce for Moneys will haue substantiall value Thus much for an Introduction concerning Moneys Now let vs beginne from the originall of Mettalls and so descend to the Particulars and Accidents * ⁎ * CHAP. I. Of the Essence or Existence of Mettalls ALl Philosophers by the light of Nature and long obseruation haue determined that the sperme or seed of all things created of the foure Elements doth in a secret manner lowre within the two Elements of Water and Earth and that Nature doth continually worke to produce perfect things but is hindered therein by accidentall causes w●ich are the begetters of corruption and imperfection of all things whereby we haue varietie of things which are delectable to the spirit of man Herein they obserue the operation of the Sunne and Moone Vegitatiue Sensitiue and Rationall and the other Planets and Starres in the generation of all things which either haue a Being or Existence as the Elements haue or a Being and Life as vegitable Trees or Plants or a Being Life and Sense as Beasts Birds and other liuing creatures or a Being Life Sense and Reason as Man hath and all reasonable creatures which knowledge and wisedome no doubt the holy Prophet Moses did learne amongst the Egyptians Acts 7.22 But had these Philosophers read the * Genesis Booke of Moses of Creation and Generation they would not haue ascribed the guiding and conducting of all naturall things to the two Leaders namely the Starres and Nature Hence it procedeth that amongst vegitable things which haue a Being and Life they reckon all mettalls which haue their beginning from Sulphur and Mercury Tanquam ex patre matre which meeting and concurring together in the veines of the earth doe ingender through the heat and qualitie of the Climate by an assiduall concoction according to the nature of the earth wherein they meet which being either good and pure or stinking and corrupt produceth the diuersitie of the mettalls of Gold Siluer Copper Tin Lead and Yron in their seuerall natures and hereupon they haue assigned them vnder their distinct Planets to bee beneuolent or maleuolent The Planets of Metalls as Lead vnder Saturne Tinne vnder Iupiter Yron vnder Mars Gold vnder Sol Copper vnder Venus Quickesiluer vnder Mercury and Siluer vnder Luna So Mercury or Quickesiluer is one of the seuen mettals which being volatile and by his volubilitie running with euery one is in nature as they are either good or euill And howsoeuer they
moneths in the yeare euery Todd containing foure Nayles and euery Nayle being 7 ll for the seuen dayes of the weeke This Sacke of Wooll is accounted to make 4 Standard Clothes of cleane Wooll called Sorting-clothes waighing 60 ll the Cloth and being 24 yeards long of 6 ½ quarters broad or thereabouts within the remedy or allowance of 2 ll weight vpon a cloth In the weight is to be obserued that the clothes be well scoured thicked milled and fully dryed In the Measure likewise that the same be measured by the yeard and inch within the List concerning the breadth according to the said Statute made of all the seuerall sorts of Clothes made in diuers Shires Viz. Broad Weight and Measure Kent Yor. Read clothes of 6 ½ quarters 86 ll 30 34 yeards Suffolke Norffolke and Essex of 7 quar 80 ll 29 32 yeards Worcest Couent and Heref. of 6 ½ quar 78 ll 30 33 yeards Wilts Glocest. Oxon. Somers of 7 quar 76 ll 29 32 yeards Suffolke sorting Clothes broad 6 ½ quar 64 ll 23 26 yeards All sorting Clothes of diuers shires 6 ½ q. 60 ll 24 26 yeards B. Cloth Tauntons Bridgewaters and Dunstars of 7 quar 30 ll 12 13 yeards Broad narrow of Yorkshire of 4 quar 30 ll 24 25 yeards Deuon Kerseys and Dozens of 4 quar 13 ll 12 13 yeards Check Kerseys straict plain grayes 4 q. 24 ll 17 18 yeards Ordinary Penistone or Forests 5 ½ quar 28 ll 12 13 yeards Sorting Penistones of 6 ½ quar 35 ll 13 14 yeards Washers of Lankyshire and others 17 ll 17 18 yeards Clogware Kend. Karpnuales at pleasure   20 at the lest The manner of making of all Woollen Clothes and workemens orders with the viewing searching and the forfeitures or abatements may at large be seene by the said Statute being an Epitome of all former Acts concerning the indraping of Wools appointing wherein Flockes Thrums or Lambs wooll may be put Obseruations concerning the said Weight and Measure of Clothes in generall THat all Substantiall things either dry or liquid are by Diuine prouidence subiect and gouerned by Number Weight and Measure That Weight and Measure doe controle each other and that Number giueth denomination to them both to discerne truth from falshood as aforesaid That the weight of a Cloth is more to be regarded than the Measure because the weight containeth substance which is abused by stretching it in measure That according to the Standard of Clothes there must be allowed or accounted two pounds and one halfe of Wooll to make one yeard of the abouesaid Clothes That the Statute of Clothmaking hath had a consideration to make an allowance or abatement for Draped Dressed Rowed and Sheared Clothes which is fiue ll in a Long-cloth and foure ll in a Broad-cloth besides the remedy of two ll According to this Rule his Maiesties Custome for Cloth and Carseyes c. ought to bee payed equalizing the said Custome of Cloth with the Custome of Wooll according to fortie shillings the Sacke payed in the time of Queene Mary which is to bee done according to the weight and not according to the measure as heretofore hath beene partly done And the weight will cause Clothes to be better made according to the Statute whereunto the Reformation must be reduced which will be beneficiall Benefits which will arise by the true making of Clothes in England according to the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine THe Cloth of the Realme shall recouer his former estimation which euery Merchant weighing his Clothes will cause to bee obserued according to the said rule and proportion betweene weight and measure whereby the stretching and falsifying of Cloth will be controlled and preuented especially if this demonstration here set downe shall direct the buyer of Clothes And the like may be made for Carseyes and all other woollen commodities according to the said Statute The Cloth being truely made will be more vendible beyond the Seas where many complaints are daily made of the false making thereof which the Clothier cannot but know vpon so many Certificates for Tare as are abated of them to their losse euery Merchant looking more to buy good cheape than to buy good Cloth feeding false making by it which commeth to passe more by ignorance than otherwise The Clothier finding the Merchant by these meanes able to controll him will endeuour to make true Cloth and the Officers to suruey it will be more carefull and not send the Clothier their Leads and Stampe and so they be payed neuer looke to take paines to view the Cloth hereby trafficke will increase for the generall good of the Realme and his Maiesties Custome will be duely payed according to the said Statute and all will tend to the glory of God and honour of the King in all Equitie and Iustice to bee obserued in all well gouerned Common-weales Weights and Measures controll each other Wee may perceiue by the contents of this Discourse how weight and measure doth controll each other compare your measure of Corn with the weight as before is declared your length of Clothes with the weight as aforesaid nay your wet Measures with your dry Measures of all things of that nature and experience by obseruation will teach you to distinguish truth from falshood and how to know the goodnesse of things if Spices become light then the weight will shew it because the substance is dryed vp which to preuent is wisedome and no deceit For as the Element of ayre is the cause of putrifaction so the excluding of the same in many things is a preseruation and so is likewise the preuenting of drinesse But to end this Triall of measure and weight let vs obserue the Italians by weighing and measuring of their Silke wares A yard of Satine weigheth foure ounces being truely made and if it bee aboue they take the same to be ouergummed and not truely made and so if i● weigh lesse CHAP. V. Of the three Essentiall Parts of Trafficke namely Commodities Money and Exchange of Money by Billes of Exchanges ALL the trafficke and commerce betweene Nation and Nation or man and man is performed vnder three Simples which are properly the Essentiall parts of Trafficke Namely Commodities Money and Exchange for Money by Billes of Exchanges which is effected by Number Weight and Measure according to the former obseruation A Tripartite Exchange And herein is to be considered a Tripartite Exchange That is Commodities for Commodities Commodities for Money and Commodities for exchange of Money by Bills of exchange For some Merchants do negotiate all for Commodities others all for Money or Exchanges or for all three or any of them which yeeldeth them most benefit and gaine and herein is their particular profit or Priuatum Commodam more respected than the generall good of the common-wealth whereby corruptible and vnnecessarie commodities are giuen for Staple
lo tienen en sustansia tienen lo enel animo All Miners are rich for when they haue it not in Substance they haue it in the Mind The obseruation alreadie noted concerning the running waters about Mines must not be forgotten The Contract before mentioned was in this manner A profitable Contract The Mine to bee wrought and the Ore to be diuided into fiue parts The owner of the ground or the lessee to haue one part of the Ore shaddered and washed readie to be molten and hee to redeliuer the same in the nature and qualitie aforesaid and to be paied for it euery 3 moneths paying for euery load twentie shillings The workemen in like manner to haue another fifth part and to bee paied accordingly euery weeke The other 35 parts to be for the vndertakers and they to content the Parson for his tithes by these meanes a man is sure to haue ware for his money and then to make Furnaces to melt 36 or 40 hundreth at one time as hath beene touched For to enter into charges before you haue good store of Ore aboue ground is needlesse herein obserue also to work from East to West or from West to East vnlesse you find the scituation of the Mine to be such that being troubled with water you may make entrances in the lower parts therof to auoid the same If your lead do containe siluer although it were but an ounce in a hundreth you may worke it to benefit if you preserue your Lead by making of an Yron Cap ouer your Furnace to be drawne vp and downe to receiue the vapour of Lead which falleth downe againe whereby the losse of aboue 200 ll weight in one tun will decrease to 80 ll or thereabouts and if you haue vent enough for the Litargium which is your Lead Litargium of Lead as it is cast vp by the Foot-blast or otherwise being red to paint withall then may you make profitable worke euery way For Copper obserue your roasting to purge your Antimonie and all other corruptions let not the glistering colour of Marquisite deceiue you it is but smoake and scurffe And although Antimonie will bee the eldest sonne of Sol and contend with Sulphur and Mercurie hold him for a bastard the thrift is in ponderous ore for copper and with a reasonable quantitie you may trie your workes before you bee at charges in landing of your Ore and to know how many fiers will bee requisite to make one tunne of Copper and then land great quantitie of Ore according to our former contract If you are not sure of it let others beare charges and labour with you and so shall you not ouercharge the worke but rather find meanes to lessen your charges The Lead Mines in Wales containing two or three ounces of Siluer How to refine ●iluer by Mercurie may in my opinion bee wrought to great profit by the meanes of Quickesiluer being roasted by reflection of the fire and grinded To the furtherance whereof I haue thought good to set downe the manner of Potosie Mine in the West-Indies and as the Portugall did the Scottish Ore hee did take to one hundreth of the mettall prepared betweene 12 ll and 15 ll of Quickesiluer with salt and vinegre and so sprinkling the said Quickesiluer through a linnen cloth still vsing a reasonable quantitie of salt which diuideth the Lead from the Siluer and vinegre or strong water but that is costly he did leaue these substances together 24 or 25 dayes euerie second day stirring the same with a staffe in which time or lesse according to the Minerall the Quickesiluer doth deuoure or eate vp the Siluer and leaueth all the other commixture then by straining the said masse the Quickesiluer goeth thorough and there remaineth a Paste in diuers Balles called the Almond Paste To be done by retorts of earth which by a limbecke receiuing fire causeth the Quickesiluer to subleme and falling downe by the necke into the water which is in the receiuer stopped close taketh his bodie againe in the said water and the Siluer remaineth pure which commonly is not aboue one fourth part of the weight of the said Paste your Quickesiluer serueth againe and there is not lost aboue sixe pound in the hundreth of Siluer he said also That hauing once two or three moneths before hand the Mineralls thus prepared or decocted himselfe and foure men could refine ten tunnes of it in a day which is admirable But these men are like trauellers that sometimes may speake an vntruth Cum gratia Priuilegio Neuerthelesse considering that Potosie Siluer Mine holding but 1 1 ● ounce of Siluer is but 30 ounces the tunne which at 5 ss is but 7 ll 10 ss 0 and the losse of the Quicksiluer and all charges deducted there will remaine but little vnlesse the quantitie of tunnes to bee done in a day should counteruaile the same to prouide yearly against the comming of the Fleet although as I haue said many hands make light worke and light gaines and often doth fill the purse and if the workemen should returne one pound of Siluer for euerie pound of Quickesiluer there would bee aboue tenne for one and they to liue by the ouerplus of it CHAP. V. Of the Nature of Gold Siluer and Copper and of the Moneys made thereof FRom the transcendent contemplatiue studie of Philosophers of vapours and exhalations to the Essence of Sulphur and Mercury generated into Ores of Mettalls Wee haue produced Gold Siluer and Copper to the Mint to be conuerted into Moneys To which purpose let vs now examine the nature of them and by inuersion coyne first Copper then Siluer and so come to Gold according to the beginning of coynes made by the ancient Romanes notwithstanding standing that at our comming to the Mint we saw nothing but Gold coyned whereupon we do remember the verses which were made at their first coyning of Gold Aera dabunt olim melius nunc omen in Auro est Victaque concessit prisca Moneta nobis Such is the qualitie of fine Gold by reason of the equall proportion of the foure Elements therein The qualities of Gold that none is predominant ouer the other that the fire doth not consume it being also hot and drie of nature neither is it subiect to any other Element for there is no rust or scurfe that doth diminish the goodnesse or wasteth the substance it doth abide the fretting and liquors of salt and vinegre without damage which weareth any other thing it needs no fire to be made Gold as other mettals do for it is gold as soone as it is found it draweth without wooll as it were wooll it is easily spread in leaues of maruellous thinnesse you may adorne or guild any other mettall with it it is not inferiour for making of any vessells in colour it resembleth the Celestiall bodies it defileth not the thing it toucheth as Siluer and other mettals it is not stinking in smell the spirit of