the Sea is adioyning and in proprietie to bee esteemed accordingly taking their names of the Countries and Kingdomes adiacent or of their scituation as Mare Britannicum Mare Germanicum Mare Hibernicum and for scituation Mare Mediterraneum obserued by Cosmographers Historiographers and Mathematicians this is performed with the helpe of the Compasse counting of courses soundings colour of the grauell or sands and other wayes to designe Finitum ab ' iâ—finito By the Ciuile Law so farre as is expedient for the certaine reach and bounds of Seas properly apppertaining to any Prince or people wherein the Doctors of the Ciuile Law haue recorded excellent obseruations By the Law of Nation and Customes Baldus saith Vidimus de iure gentium in Mare esse Regna distincta sicut in terra Auda Ad legem 1. de ter diuisione In §. nullius in tratt de iâ—sula Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria which is one hundreth leagues of sea from their coast if they extend their protection so farre called by them Districtus maris territorium which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England Visible Markes of Dominion or where there are such rockes or eminent marks as the Washes at the West seas thereof to which purpose Paulus a renowmed Ciuilian saieth That it is not needfull for him who would possesse himselfe of any land to go about and tread ouer the same but it is sufficient to enter in vpon any part thereof with a mind to possesse all the rest thereof euen to the due marches to be made apparant by the instruments of Geometricians And the like may be designed vpon the seas notwithstanding the soliditie of the one and the continuall flowing too and fro of the other This distinction of dominion hauing continued so many hundreth yeares needeth not to be corroborated with other proofe and arguments yet let vs note obiter That if the same were not distinguished as aforesaid Cases of ciuile Law or Admiraltie one borne vpon the seas should haue no countrie or nation to appeale vnto and a man dying intestate vpon the seas should minister occasion of question to know who should administer his goods and making of a Will how the same should be proued and executed by law without approbation of some Court or Iurisdiction whereas we find many Admiralls of the seas and their seuerall iurisdictions vpon the seas as deputies to their Princes or States who are alwaies absolute Commanders in their precincts according to the treaties and contracts made betweene Princes which are in the nature of lawes and inseperable of the said Princes right on the land concerning the possession of their Kingdomes or Common-weales as the fundamentall cause of their dominion wherein discontinuance of any part of their right cannot be pleaded against them The Kings of England neuerthelesse haue beene prouident and carefull herein for Historiographers haue recorded That King Edgar one of the Saxon Kings long before the Conquest made a suruay yearely of the foure great seas Mathew of Westm. and stiled himselfe lord thereof euen vntill Norway Ranulph Cestriensis and his progresse was most towards the North. It is also affirmed Anno 973. That the said King Edgar caused an inscription to be made vpon his Tombe for a monument calling himselfe Dominus quatuor Marea and as Papinian the Iurisconsult saieth In finalibus questionibus vete ra monumenta sequenda sunt Mare Britanicum But this for the dominion of the Kings of England ouer their seas Mare Hibernicum is not needfull For afterwards William Duke of Normandie after he had subduâ—d the realme of England by conquest Mare Germanicum caused himselfe not onely to be proclaimed King Mare Deucalidon but also that all the goods of the subiects were his and so caused the land to be diuided and yet was contented to change the title of a Monarchie by conquest into a Monarchie Royall and was also Lord of the said foure seas Io Bodinus de Resp. by the former assumpsit which had then continued 200 yeares and his progresse by sea was most Westward For when Princes or Kings do stile themselues by proclamation then the continuance thereof without opposition of other princes is holden and obserued as inuiolable and permanent Now King Henrie the second succeeding William the Conqueror Graftons Chronicle within one hundreth yeares did ioine Ireland to the crowne of England and did reduce Normandie and other places in France to the crowne taking as it were a new possession of the said seas and Henrie the first euerie yeare or within three yeares at the furthest crossed ouer into Normandie hauing taken Robert Duke of Normandie prisoner In the time of King Edward the third Chro. Malmesbuâ—e there was a disputation held with France concerning the fishing of the seas about Brittaine in which it was proued to belong to England Ioh. Hayward and thereupon Fraunce disclaimed therein By ancient records and Treaties c. as appeareth by the said King Edward the third his Proclamation yet extant Which arguments and contracts are as a law effectuall And here I must remember the singular care which the right reuerend father in God doctor Abbot now Archbishop of Canturburie A rare booke remoining with the Archbishop of Canturburie and Metropolitane of England hath had in procuring at his great charges for the good of our posteritie an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same Anno 1596 and caried to Bruxels in the Low-countries whereof I haue had the perusall and made an Abstract of the Chapters of the same viz. The Treatie of Peace betweene Edward the third king of England and Iohn king of France for themselues and their eldest sonnes namely Edward the Blacke Prince of Wales and Charles Duke of Normandie Regent the French King his father being prisoner to the said King Edward which Treatie was made the eight of May 1360 in Britanie neere Chartres and confirmed at Calice whereupon sixteene Hostages were giuen to the King of England by the French King who was to come thither in person and to pay three millions of crownes for his ransome of two crownes to bee reckoned for an English noble called in King Henrie the eight his time Angell noble being some 750000 〈◊〉 sterling The ransome o' King Iohn of France The ship whereof vpon the one side did signifie the dominion of the seas whereunto old Chaucer the Poet did allude in Henrie the fifth his time This money was to be paied to weet six hundreth thousand crownes at Calice within 4 months after King Iohns arriuall there more foure hundreth thousand crownes within the yeare and so much yearely vntill the full paiment made
their bodies vntill the day of Iudgement For albeit the Spirit of man is rightly termed to bee the Facultie of the Soule The Facultie of the Soule is the Spirit of man yet the parts of the Soule concerning Vnderstanding and Will haue their proper relation for that part called Vnderstanding is seated chiefly in the Soule as Will is in the Spirit both to be accompanied with Knowledge The Phylosophers haue made this distinction by their Chimicall obseruation and such as place the Soule in the bloud dispersed through all the veynes of the bodie do also place the Will of man in the spirit residing in the heart of man which the Anatomists demonstrateth to be a little concauitie where the drops of the vitall bloud are placed in the heart which are feared vp and the place is shrunke in bodies which haue been poisoned To make application of this comparison betweene the Soule and Spirit Application of the comparison we shall find by the following discourse that euen as the Spirit of man is predominant ouer the Soule and Bodie in all the actions thereof which by the bloud are quickned and preserued euen so is the Exchange for moneys by Bills of Exchanges ouerruling the course of commodities and moneys in all places where the action of money is felt or seene directing the same by some due proportions accordingly CHAP. I. Of the Beginning of the Exchange for Moneys by Bills of Exchanges THE Exchange for moneys is of great antiquitie for as we haue declared the first Siluer moneys coyned by the Romanes is almost 1900 yeares since And euen as money was inuented to bee made of the best mettalls to auoid the troublesome carriage of commodities vp and downe and from one countrey into another So vpon the like consideration when other nations imitating the Romanes did coyne moneys The cause of the Exchanges Exchange by Bills for moneys was deuised to auoid both the danger and aduenture of moneys and the troublesome carriage thereof This money now being made by diuers Nations of seuerall standards and diuers stamps and inscriptions as a Marke of Soueraigntie caused them to appoint a certaine Exchange for the permutation of the seuerall sorts of coynes in diuers countreys without any transportation of the coyne but giuing Par pro Pari or value for value with a certaine allowance to accomodate the Merchant and the officers to execute the same were called Numularij Argentarij and Collybistae that is to say Numularij of Nummus or the coyne it selfe Argentarij because the Siluer coyne was most vsuall in the course of trafficke and Collybistae because it signifieth a reward for Exchanging Here now let vs obserue foure manner of Exchanges which haue beene vsed and in some countreys are yet continued albeit some of them are abrogated in England commonly called Cambio Commune Cambio Reall Cambio Sicco and Cambio Fictitio which denomination may be admitted The first manner of Exchange called Cambio Commune I Cambio Commune is properly that Exchange which the said Collibistae or common Exchangers did vse by the authoritie of Princes and Common-weales for the lawfull and currant moneys of their Kingdomes and Territories which was found to be verie expedient and necessarie and was established to preuent the exportation of money from one countrie into another countrie and these Exchangers did deliuer in all countries the Money in one specie for the Moneys in other species by them receiued as aforesaid Tables of Exchange Whereupon King Edward the third of England caused certaine Tables to be set vp at Douer and other places of the realme declaring the value of the said sundrie species of coyne of all countries trafficking with his subiects and the allowance which Merchants were to giue to haue their turnes serued as may appeare by the good Lawes made in his time when there was Moneys coyned in diuers places of this Kingdome and not in one mint onely within the Tower of London And this was long before the discouerie of the West-Indies from whence the ocean of Money did run into Christendome And for the gouernment of the said Tables all was at the direction of the Master of the Kings Mint at London and with a correspondence of other Mints namely at Canturburie at Kingston vpon Hull New-castle vpon Tine Bristoll and Exceter And the Exchanger for the King at London did also depute Exchangers in the most places except that certaine Merchants of Florence called Friscobaldi were the Kings Exchangers at Kingston Friscobaldi the Exchangers New-castle and Exceter who made the said Exchanges of value for value with a reasonable allowance and by their meanes were all the said Mints set on worke and the transportation of our Moneys was preuented for as Bishop Tursids booke of Arithmeticke declareth by giuing par pro pari or value for value there was no gaine left to the transporter The Kings of England did constitute these Exchangers Kings Exchangers euen as the Cambiadores and Banquers are vsed in other countries being authorised by the King or Prince of the said countries especially King Edward the first of England who had two Exchangers the one called Custos Cambij infra Turrim who had the charge in buying of bullion and to looke to the coynage of Money within the realme now called the Warden of the Mint the other was called Keeper of the exchange and rechange within or towards this realme for Moneys to be paied in specie by Bills of Exchanges beyond the seas And afterwards the said Exchanges were made without naming the species but according to the value of the seuerall coynes 2 Cambio Reall and this was called Cambium Regis or Royall Exchange which caused Queene Elizabeth to name the Burse in London accordingly This office appeareth to haue been in the eleuenth yere of the said King Edw. by an Act of Parliament made at Acton Burnel since which time the succeeding Kings and Queenes haue continued the same by sixteene seuerall Letters Patents And whereas it seemed that the said two Exchangers could not execute their offices conueniently being asunder it fell out that in Henrie the sixth his time a Law was made by which both offices were put into one mans hand and so continued many yeares vntill the time of King Henrie the eight Exchanges discontinued when he caused base Moneys to be made at the seige of Bulloigne whereupon no certaine Exchange could be grounded albeit that before that time in the two and twentieth yeare of his raigne he caused a Proclamation to be made according to an old Statute made in the time of King Richard the second The Chronicle of Graston That no person should make any Exchanges contrarie to the said meaning or Act of Parliament vpon paine to be taken to be the Kings mortall enemie and to forfeit all that he might forfeit For in his noble fathers time King Henrie the seuenth the Bankers had inuented a course of
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
CONSVETVDO 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 Salus Populi suprema Lex esto LONDON Printed by ADAM ISLIP Anno Dom. 1622. DOCTRINA PARIT VIRTVTEM TO THE MOST HIGH AND MIGHTIE MONARCH IAMES BY THE GRACE OF GOD KING OF GREAT BRITTAINE FRANCE AND IRELAND DEFENDOR OF THE FAITH Most Dread and Gratious Soueraigne THe state of Monarchie must needes be the Supreamest thing vnder the cope of Heauen when Kings are not only Gods Lieutenants vpon earth and sit vpon his throne but also are called Gods by God himselfe in regard of their Transcendent Preheminences and Prerogatiues whereby they maintaine Religion and Iustice whichare the onely true supporters and fundamentall stayes of all Kingdomes and Common-weales so naturally vnited and conjoyned that where both of them are not properly there can be neither These high Attributes cause their Lawes to be sacred and consequently religiously to be obserued whereby Iustice is administred which is Distributiue and Commutatiue The Commutatiue part includeth Traffick which is the sole peaceable instrument to inrich kingdomes and common-weales by the meanes of Equalitie and Equitie performed especially by the Law-Merchant by reason of her stabilitie For albeit that the gouernment of the said kingdomes and common-weales doth differ one from another 1 In the making of lawes and ordinances for their owne gouernment 2 In the making of War Peace or Truce with forreine nations 3 In the prouiding of money within themselues for their safegard and defence 4 In the election of chiefe officers magistrates and 5 In the manner of the administration of Iustice wherein many mutations are incident yet the Law-Merchant hath alwaies beene found semper eadem that is constant and permanent without abrogation according to her most auncient customes concurring with the law of nations in all countries Great reuerence is due vnto Lawes at all times and hath beene in all ages Solon caused the Athenians to sweare to the obseruation of his Lawes during the time of one hundreth yeares Licurgus did imbrace a voluntarie perpetuall exile to haue his lawes obserued by the Lacedemonians vntill his return intending neuer to return and the Romans did suffer their old law of twelue tables though vniust in many points to decay by little little rather than to make a sudden alteration of it tending to the contempt of laws greater reuerence then is due to the Law-Merchant which hath proued alwaies firme and inuiolable VVise men haue obserued that happie are those Common-weales which are gouerned by Philosophers happier is that King who can wisely gouerne them but most happie is your Maiestie in whom true Philosophie doth raigne and prosper as vines do in eminent places by an inestimable treasure of an obseruing discerning and applying Princely judgement gouerning your kingdomes and dominions The consideration whereof accompanied with my bounden duetie hath emboldned me of late to dedicate vnto your sacred Maiestie a little treatise intitled The maintenance of free Trade wherein mention is made of this Volume which likewise is to be presented vnto your highnesse for it befalleth vnto me as it did to the Philosopher who by progression in wisedome endeauoring to attaine to the perfection of knowledge did perceiue that the neerer approaching thereunto seemed to him to be furthest off so my endeuours striuing to deserue some things at your royal hands seeme vnto me to merit least of all But being confident of your most gratious benignitie and superexceeding grace I do offer vnto your most judiciall eyes this Law-Merchant described according to the three essentiall parts of Trafficke with the means wherby the wealth of your Majesties kingdomes and dominions may be increased and preserued which being done by just and politike courses may properly be called the Preheminent studie of Princes grounded by Commutatio negotiativâ— vpon the rule of Equalitie and Equitie as aforesaid obserued by your High wisdome vpon the Predominant part of Trade which is the mysterie of Exchange for Moneys betweene vs and forreine Nations wherein your Highnesse doth surpasse all the Treatises and Conferences had by your noble auncestors and predecessors Kings with other Princes and States If your most excellent Maiestie therefore shall be pleased from the Zodiaque of your gratious aspect to cast some reflecting beames vpon the plaine superficies of this Law-Merchant euerie little sparke therein will become a flame and all Merchants and others shall bee enabled to draw by the Diameter of it Meridian lines of your royall fauour without which this Booke may be compared to a Sunne dyall which is no longer seruiceable than whilest the Sunne beames doe illuminate the same In hope of which superaboundant fauour I doe apostrophate this Epistle but doe multiplie my ardent praiers for your Maiesties most happie Raigne long to indure ouer vs to Gods glorie and our comforts Your Maiesties most loyall and obedient subiect GERARD MALINES TO THE COVRTEOVS RERDER THat famous Philosopher Xenophon extolling the Persian Lawes testified that their Citizens from their infancie were educated and taught not to attempt or almost to imagine any thing but honest and iust Which was the cause as Gellius reporteth that Draco a Citizen of Athens made their lawes so strict and seuere that it was said They were written with Blood and not with Inke whereas on the other side the Law made by Solon was compared to a spiders web which taketh the lesser flies and suffers the greater to escape and to breake the same So that euerie extreame being vicious Reason requireth a Law not too cruell in her Frownes nor too partiall in her Fauors Neither of these defects are incident to the Law-Merchant because the same doth properly consist of the Custome of Merchants in the course of Trafficke and is approued by all Nations according to the definition of Cicero Vera Lex est recta Ratio Natura congruens diffusa in Omnes Constans Sempiterna True Law is a right reason of nature agreeing therewith in all points diffused and spread in all Nations consisting perpetually whereby Meum and Tuum is distinguished and distributed by Number VVeight and Measure which shall bee made apparant For the maintenance of Trafficke and Commerce is so pleasant amiable and acceptable vnto all Princes and Potentates that Kings haue beene and at this day are of the Societie of Merchants And many times notwithstanding their particular differences and quarrells they doe neuerthelesse agree in this course of Trade because riches is the bright Starre whose hight Trafficke takes to direct it selfe by whereby Kingdomes and Common-weales doe flourish Merchants being the meanes and instruments to performe the same to the Glorie Illustration and Benefit of their Monarchies and States Questionlesse therefore the State of a Merchant is of great
called a moneth Others haue vsed and some yet do vse the yeares of the Moone diuided in 12 moneths euerie new Moone or course respected And this yeare consisteth of 354 daies 8 houres 48 minutes 43 seconds and 12 tierces to which there was added 11 daies called Aepacta The Epact of 11 daies added Quaere tamen quando incaperint as adioyned daies which made the yeare to be 365 daies and about six houres as aforesaid which was vsed before the flood by Iewes Greekes and is yet at this day vsed by the Mahometans Arabians and those of Feas and Marocco and other places The Babylonians Aegyptians and Assyrians haue also obserued 365 daies for the yeare One wholeday added euerie fourth yeare in â—ebruarie But they did not adde euerie fourth yeare one day which we call the Leape-yeare To make a better explanation hereof let vs note That there is a great Circle imagined to bee in the Heauens called the Ecliptike wherupon the Sunne hath his continuall motion or period neuer declining from the same and on each side is imagined to be another lesser Circle limiting the latitude of the Zodiake The Ecliptike of the Zodiake the middle whereof is called the Ecliptike for that whensoeuer there shall be a coniunction or opposition of the Sunne and Moone the Moone being vpon the same Ecliptike ouer which she passeth twice in one Period in so many daies as aforesaid which second sections are called the Head Taile of the Dragon then if at the coniunction is our sight eclipsed by the interposition of the bodie of the Moone being at the same instant betwixt vs and the Sunne Eclipse of our sight by the Sunne thereby hiding some part of his light from our sight yet hath the Sunne in himselfe no more losse of light than if a man should put a ball betwixt my eye and the Sunne whereby he might hide from my sight either the totall or part of the bodie of the Sunne But if it be at the opposition then the Moone doth indeed loose her totall light or part of her light according to her latitude for if her latitude be more than the Semidiameters of the bodie of the Moone and the shadow of the earth then there can be no Eclipse at all When no Eclipse of the Moone can bâ— But whensoeuer the bodie of the earth shal be interposed or put betwixt the light of the Sunne and the bodie of the Moone which cannot be but a ful Moone or opposition Cause of the Eclipse of the Moone which are both one then must she of necessitie lose so much of her borrowed light as the earth doth take away from her Within this imagined Circle or Zodiake are twelue constellations of Starres called the 12 Signes each of these Signes is diuided into 30 degrees or equall parts which make 360 in the totall Now since the nature and qualitle of these twelue Signes were found and that the Moone being the lowest of the Planets doth conuey and transport their operations and force through her Orbe vnto all Elementall Creatures causing alteration of change and humors times and seasons and distemperature of bodies Mans bodie is diuided according to the Zodiake the auncient Astronomers haue attributed vnto them certaine names of creatures figures and poeticall allusions for distinction sake and to declare their propertie in some weake and confused sort Also the number 19 called the Prime and Golden number because it was written in Golden letters for the vtilitie thereof which deserueth the more so to be adorned with Gold for a perpetuall remembrance of our noble King Iames and his royall issue borne vpon the 19 day of seuerall moneths which is not without some mysterie as I thinke The 19 of Iune AnÌ„ 1568 The Golden number of king Iames and his royall issue King Iames was borne in Scotland The 19 of Februarie AnÌ„ 1594 Prince Henrie deceased was born and dyed before 19 yeares The 19 of August AnÌ„ 1596 the Lady Elizabeth his daughter was borne The 19 of Nouember An. 1600 Prince Charles his sonne was borne Deo gratias It may seeme strange that Iulius Caesar did not obserue this number of the meeting of the Sunne and Moone vpon this Period when he made his Kalender 44 yeres before Christ for the vse hereof began in the yeare of Christ 532. Cicle of the Sunne is 28 yeare And this number of 532 containeth 19 times 28 in which time of 28 yeares being the Cicle of the Sunne the same is multiplied by 19 which is the Cicle of the Moone The Dominicall letters The Dominicall letter is according to the noting of the seuen daies of the weeke according to the Cicle of the Sunne beginning from A.B.C.D.E.F.G. and so returning and continuing for euer Dieurs beginnings of the day The day doth also begin diuersly The Astrologians or Astronomers begin the same from one mid-day or noon vntil the next being 24 houres by the clocke which is the cause that in their Alminacks they do set downe alwaies the place of the course of the Moone being so many degrees at noone howbeit we reckon 12 houres France Spaine and other places the Venetians and most towns of Italy the Bohemians Athenians Aegyptians some Iewes and Grecians Poland and Silesia from the setting of the Sunne vntill the next setting 24 houres Babylonians Persians Chaldeans some Hebrewes and Greekes old Romanes and they of Wirtenborough and Norenborough from one rising of the Sunne to the other 24 houres Calends Nones and Ides The daies of the moneth are also noted by Calends Nones and Ides The first day of the month was Calend so called of Vocato Populo declaring how many daies it was to the Nonas that all the people was to assemble in the citie to know what was commaunded vnto them by the Temporall and Spirituall lawes as being noue obseruationis initium or nono as the ninth day from Idus The Tuscanes heretofore did homage to their king that day and then it was commonly new Moone and Idus was the full Moone vpon the Moone moneths being March May Iuly and October being of 31 daies which had six Nonas whereas the other 8 moneths haue but 4 Nonas and euerie moneth 8 Idus Indictio Romana Indictio Romana whereby many histories account their yeares was instituted when the Romanes had dominion ouer the greatest part of the world because vpon euerie Lustrum which was euerie fifth yere euery one was to pay tribute vnto them The first yere they did bring Gold the second Siluer the third yeare Yron for munition and armour So that it was the space of 15 yeares beginning from the 25 of September And at the birth of Christ it was Indictio 3 and falleth out in the yeare of 1620 to be also Indictio 3 according to which obseruation the calculation of some historicall yeares is made That the Romane Kalender may easily be reformed without the
a third are all equall The knowledge of the premisses is so naturally and visibly engraffed in the mind of man as no doubt can be admitted neuerthelesse there are men so intoxicated in their iudgements that being once possessed of an imaginarie conceit they will neuer be remoued as he was who asked of his friend What he should do with a heape of stones and trash to be rid of it and was answered That he should digge a hole in the ground and burie them and when the other demanded of him what he should do with the earth he should dig out he told him he should make the hole so much bigger to put them in both and he could neuer be recalled from this conceit euen in naturall and substantiall things to be felt seene and handled insomuch that experience sheweth that digging an hole one shall hardly put in the same earth againe without cramming and labour much lesse the other The Pithagorians doctrine lately reuiued by Copernicus touching the scituation and mouing of the bodies Coelestiall denying the stabilitie of the earth may in some measure be admitted argumentandi gratia for they set forth some Astronomicall demonstration Copernicus his opinion of the motion of the earth albeit imaginarie and declare some reasons agreeable to experience namely that the Orbe of the fixed Starres is of all other the most highest and farthest distant and comprehendeth the other Spheres of wandring Starres And of the straying bodies called Planets the old Phylosophers thought it a good ground in Reason that the nighest to the Center should swiftliest moue because the Circle was least and thereby the sooner ouerpassed and the farther distant the more slowly and vpon this consideration because of the swift course of the Moone they did conclude that the whole Globe of Elements was inclosed within the Moones Sphere together with the earth as the Center of the same to be by this great Orbe together with the other Planets about the Sunne turned making by his reuolution one yeare and whatsoeuer seemeth to vs to proceed by the mouing of the Sunne the same to proceed indeed by the reuolution of the earth the Sunne still remaining fixed and immoueable in the middest Aristotle of the stabilitie of the earth But Aristotle his reasons are generally approued to proue the earths stabilitie in the middle or lower part of the world because of grauitie and leuitie the earth being of all other Elements most heauie and all ponderous things are caried vnto it striuing as it were to sway downe euen to the inmost part thereof with many other reasons made disputable by some because the Planets and Starres are farre aboue vs. But to denie the Principle of Exchange and Money as aforesaid may be refuted and proued to be so plaine an error as we see the hand or Index of a dyall to be the thing actiue which sheweth the houre and the letters are things passiue and immoueable in the action and so are Commodities in the course of trafficke where Exchange is vsed Right merchants are taken to be wise in their profession for their owne good and benefit of the common-wealth for of the six members of all the gouernments of monarchies and common-weales they are the principal instruments to increase or decrease the wealth therof as may appear by the description of the following royall banket of Great Britaine The royal banket of Great Britaine The king of Great Britaine considering that all common-weales are furnished with Diuine seruice Armes Laws Riches Arts and Sustenance that the managing of these six things requireth six maner of persons namely Clergie-men Noble-men Magistrates Merchants Artificers Husband-men which iointly are the members of all common-weales was graciously disposed to inuite them all vnto a royall banket where after many pleasing discourses concerning hunting and hauing proued by many examples that the most renowned princes delighting in that royall sport haue alwaies beene the best wariers his Maiestie was pleased that euerie member of his common-wealth as aforesaid should in one onely word expresse the propertie of his profession or calling whereupon the Clergie-men did say we instruct the Noblemen we fight the Magistrates we defend the Merchants we inrich the Artificers we furnish and the Husband-men we feed The king answering vsed these or the like speeches We do verie well approue your declarations in this briefe manner recommending euerie one of you to discharge your duetie accordingly Comparison and propertie of the bodie to the head so betweene the king and his subiects with a remembrance that we as your head must make the bodie of the common-wealth compleate for the office of a king towards his subiects doth very well agree with the office of the head and all the members thereof For from the head being the seate of judgement proceedeth the care and prouidence of guiding and preuenting all euill that may come to the bodie or any part thereof the head cares for the bodie so doth the king for his people and euen as all discourses and directions flow from the head and the execution of them belongeth to the members euerie one according to their office so is it betweene a wise prince and his people And as the head by true iudgement may imploy the members in their seuerall offices being thereunto sufficient or being defectiue may cut them off rather than to suffer infection to the rest euen so is it betwixt the king and his people for as there is alwaies hope of curing any diseased member by direction of the head so long as it is whole and by the contrarie if it be troubled all members are partakers of that trouble so is it betweene the king and his subiects who is therefore called Parens patriae Parens patriâ— who like a father of the great familie of the common-wealth doth studie for the welfare thereof The Lord Chancellor making a general answere did acknowledge his maiestie to be the right and supreame head without which the bodie was to be esteemed as a dead trunke for said he the royal Scepter of a Monarchie guided with good and wholesome lawes doth far exceed all other gouernments Aristocratia Democratia which properly are called Aristocracies Democracies Aristocracie is the gouernment of the lesse number of people of a common-wealth in soueraingtie and Democracie being contrarie vnto it is the greater number of people gouerning Monarchie the best gouernment Whereas a monarchie is a common-wealth where one sole prince hath the absolute gouernment heere the peace vnitie concord and tranquilitie of subiects consisteth by meanes of one head by whose power common-weales are fortified vertue thereby being vnited and more corroborated than if it were dispersed into many parts which giue occasion of strifes turmoiles and controuersies by the diuided powers and emulation of greatnesse when as one person imitating nature doth gouerne as the head all the parts and members of the bodie for the generall safegard
in gold in times past Turqueses found in Malabar Turqueses being of Turquers colour by the day time and by night by the light greene they grow vpon a blacke stone whereof those retaining some little blacke veines are the better Iacinths in the Island of Zeilan are tender yellow stones Iacinths and haue commonly pimples or burbles in them Emeralds or Smaragds being hard and greene stones Emeralds found in the countrie of Babylon and other places of India were of great estimation before the quantitie discouered in the West-Indies many of them are counterfeit But by looking on them curiously towards the light the counterfeitnesse appeareth by certaine burbles like as the glasse doth which is not in the true stones although certaine beames appeare which true stones being rubbed on the touchstone leaue the colour of gold and the counterfeit the colour of copper for they are made of an extraction of copper The auncient Phylosophers haue determined that Sulphur and Mercurie being the originalls of all mettals are engendered of vapours and exhalations Originall of precious stones and the like origen they ascribe vnto all Precious Stones which caused Artists to take the same into their consideration both for the said Stones as also for Gold and Siluer whereof I do intreat more in the Chapter of Mines Royall c. All these stones being out of request with vs are to be bought for Russia and other places as the buyer findeth cause Pearles of all sorts are most found in the West-Indies which are Occidentall East-India Pearles and yet beare the name of Orientall Pearles which come from the East-Indies and although they haue more lustre they are of a brownish colour and somewhat inclining to the yellow and therefore of lesse estimation and price which at the beginning of our East-India trade was as followeth   ll s. d. Of one Carrat 1 ½ Pardaos is 0 7 6 Sterling Of 1 ½ Carrat 3 Par. 0 15 0 Of 2 Carrats 6 Par. 1 10 0 Of 2 ½ Carrats 8 2 0 0 Of 3 Carrats 12 3 0 0 Of 3 ½ Carrats 16 4 0 0 Of 4 Carrats 20 5 0 0 Of 4 ½ Carrats 25 6 5 0 Of 5 Carrats 30 7 10 0 Of 5 ½ Carrats 35 8 15 0 Of 6 Carrats 40 10 0 0 Of 6 ½ Carrats 45 11 5 0 Of 7 Carrats 50 12 10 0 Of 7 ½ Carrats 60 15 0 0 Of 8 Carrats 70 80 20 0 0 Aliofar which is small Pearle sold by the Iuera or Sorts which commeth frō the fishing of Comorin worth The 1 Iuera 330 reis The second 180 The third 80 The fourth 18 The fifth 8 West-India Pearles Anno 1587. And aboue this weight there is no proportion obserued but it is meere estimation as is noted in Diamonds especially in the West-India Pearles being of a clearer white water inclining towards blew whereof I bought a great quantitie of sir Francis Drake knight which he brought from Carthagena a citie of the Island of Santo Domingo being all vnholed and brute of seuerall sorts called Rostillo of 40 ss the ounce halfe Rostillo of 30 ss Cadenilla of 4 ll the ounce halfe Cadenilla 3 ll Pedraria of 60 80 peeces in the ounce 7 ll and halfe Pedraria of 100 to 110 peeces in the ounce 5 ll Also great vnproportionated Pearles called Barocos according to estimation and goodnesse as these prices were made at Paris and when they are holed or boared and stringed vp in foure sorts called Entreneto and put into boxes then they are sold one with another according to their sorts for 4 or 5 ll the ounce diuers flat Pearles seruing for buttons Round Pearle put vpon papers are sold by the peece according to their bignesse and fairenesse Seed Pearle to stampe for Apothecaries at 8 and 10 ss the ounce Round Pearles of all sorts of this water valued at Paris as followeth Of ½ a Graine 2 Solz tornois 2 d ⅖ star Of ◠4 Graines 2 ½ 2 d ⅗ Of 1 Graine 4 4 d ⅘ Of 1 ◠4 Graine 6 7 d ⅕ Of 1 ½ Graine 10 12 d Of 1 ¾ Graine 13 is 15 d ½ Of 2 Graines 16 19 d ⅕ Of 2 ¼ Graines 18 21 d ⅗ Of 2 ¾ Graines 30 3 ss Of 3 Graines 40 4 ss Of 3 ¼ Graines 50 solz 5 Of 3 ½ Graines 60 6 Of 3 ◠4 Graines 70 7 Of 4 Gr. Carrat 80 8 Of 4 ¼ Graines 90 9 Of 4 ½ Graines 100 10 Of 5 Graines 120 12 Of 6 Graines 240 24 Of 7 Graines 460 46 Of 8 Gr. is 2 Carrats 60 Pearles of a Carratt are worth now ten shillings and the other sorts vnder the same or aboue it accordingly I had 1600 of a Carratt which were sold for 9 ss and 900 of two Carrats sold for 36 shillings and many faire pendants whereof no price can be made in certaintie they must haue the due proportion of a Peare and be of excellent water Yellow Pearle is not worth halfe the price of the East India browne Pearle albeit they be a little helped to make them whiter for the Prouerb is true Quod natura dedit nemo tollere potest but if they be yellow accidentally then they will become very faire by the remedie following Take two ounces of white Argall or Tartar and one ounce of Mercurie sublimate and 1 ½ ounce of Allome put them together into a cleane pipkin or leaded pot poure vpon it the best Aqua vitae you can get and bind your pearles into a cleane clout and hang them in the pot and so let them stand ouer the fire one houre not touching any part of the pot and they will be faire and white If they be great round Pearles they may be scaled for naturally the Pearle is like vnto an Onyon scaling one vpon another I remember that a friend of my acquaintance called Mounsieur Hellman told mee many yeares since that during the minoritie of Philip the third late King of Spaine he shewed vnto him two excellent great round Pearles which he valued at ten thousand ducatts or three thousand pounds which the young Prince tooke in his hands saying Bocado por vn Roy A morsell for a King and swallowed them downe one after another The Merchant made account to receiue money for his Pearles but hee could not and was glad within two dayes after to take his Pearles againe which by the heat of the stomacke were become yellow comming to Antuerp a certaine Iew vndertooke to take off the vpper scale and so they were exceeding faire againe but diminished they were afterwards sold to the great Turke for aboue two thousand pounds starling Thus much for Orientall and Occidentall Pearles where note that the weight for Pearles in Seuill is lesser than the weight of Lisborne by eight in the hundreth the climate in the East is hotter than in the West and the water more faltish which causeth the diuersitie of colours In Scotland are many times
his fraud If the Factor do sell another mans commoditie to a man discredited who cannot vsually as before buy commodities at the ordinarie price as other men and it falleth out that this man breaketh the Factor shall pay for the said goods as shall be thought they were worth vnlesse hee can prooue that hee was ignorant of the parties weake estate and credit or that hee sold him goods of his owne account also which argueth plaine dealing or that hee had Commission of the other man to deale for him as if it were for his owne proper goods as hath beene declared And yet in this case hee cannot barter any of the said commodities for other commodities Batter but hee must haue expresse commission and order for it from the Merchant neither can hee transferre or set ouer any Bills Obligatorie in nature before declared Bills of Debt For albeit this manner of Commissions giuen to Factors is very large yet it containeth certaine restrictions and limitations in euery Merchants vnderstanding If a Factor shall by a false Entrie in the Custome house either vnawares or of purpose Customes conceale part of the Custome without consent or priuitie of the Merchant whereby the goods become forfeited to the Prince the said Factor shall beare the losse of them and answere the value thereof vnto the Merchant as they did cost if it be for goods to be transported or as they might haue been sold if it be for goods to be imported If a Factor or Merchant doe colour the goods of Merchant Strangers in paying but English Customes although he did beare the aduenture of the Seas for the said goods he runneth into a Praemunire and forfeiteth all his goods vnto the King and his bodie to perpetuall imprisonment If a Factor by a Letter of aduice or by an Inuoyce of commodities which the Merchant sendeth doe make a short entrie into the Custome house the goods not entred shall be lost but the Factor cannot be charged with the same If a Factor make returne vnto a Merchant for the prouenue of his commodities sold Prohibited commodities in prohibited goods which may not be exported and haue no Commission from the Merchant to doe the same hee shall beare the losse of those goods if they be seized vpon for the King or taken as forfeited But if it be vpon commodities to bee imported the Factor is in no fault howbeit hee ought to giue aduice vnto the Merchant what commodities are forbidden to bee imported or exported according to the pleasure of Princes which are absolute gouernours in their Hauens Harbours Ports or Creekes Monyes If a Factor commit any vnlawfull Act by the direction of the Merchant be it for the transportation of Gold or Siluer into the parts beyond the Seas or otherwise and if it happen thereupon that the same bee taken the Merchant beareth the losse and yet the Factor is subiect to pay treble damages by the Law if it be followed within the yeare or may bee fined for the same in the Starchamber although it be many yeares after If a Factor doe pay money for a Merchant without Commission to another man it is at his apperill to answere for it And if hee deliuer other mens money at interest and take more than the tolleration of the Statute which is ten in the hundreth by the yeare whereby the said Statute against Vsurie taketh hold of him and the money is lost the said Factor is to be charged therewith and to make good the money vnto the Merchant If a Factor hauing receiued other mens goods or monyes into his custodie be robbed of the said goods and moneys he is to beare the losse Lost goods and to make good the same to the Merchant But not in case where the vnmercifull Elements of Fire and Water shall destroy the said goods or moneys or where a Towne is sacked or pilled which is alwaies to bee borne by the owner or proprietarie of the same If a Factor buy a commoditie Damnified Commodities which afterwards becommeth damnified by some accident or casualtie whereby the Merchant for whose account he bought the same becommeth a looser that Factor is not to be charged with any part of the losse But if the commodities were damnified before then he is to beare some part of the losse although it happened to be knowne afterwards A Factor bought for a Merchant of Amsterdam one hundreth tunnes of Allomes which came from Ciuita Vecchia laden with some Candia Oyle whereof some part was spilled vpon the said Allome afterwards the same being mingled together was sold and transported to Amsterdam and there sold to the dyers of Harlem Amsterdam and Roterdam who vsing the same found their cloth stained in diuers places for where the oyle touched there the colour could not take so that they became great loosers as appeared by diuers testimonials The Factor did thereupon demaund reparation of damages of him who sold him the allome and the Merchant did the like of the Factor for there was aboue 300 ll lost whereupon the matter was much debated amongst Merchants both here and beyond the seas and they did deliuer their Parecer or opinions in writing The Parecer of Merchants and being found that the Factor had knowledge that some oyle had bin spilled vpon the allome and neuertheles bought the same he was adiudged by the sentence of Merchants to pay the one halfe of the said losse and the other halfe was borne betweene the dyers and the Merchant of Amsterdam and he that sold the allomes was cleered and fully paied so that in these cases the circumstances and accidents are to be considered If a Factor do receiue money for other mens accounts Losse by money which afterwards are decried or some losse doth happen by exchanging the same be it vpon Copper moneys or light Gold taken for merchandises sold euerie man is to beare that losse proportionably according to his summe and the Factor is to sustaine no damage thereby vnlesse it were for false coine by him receiued which he is bound to know Letters of Credit If a Factor bee required by a Merchants Letter of Credit to giue credit vnto others hee must looke verie precisely to obserue the same accordingly which Letters of Credit are either ample or restrained to certaine conditions and limitation of time place persons summes and many other circumstances if they bee ample then is it dangerous for the giuer of the said Letters of Credit and may also procure a losse to fall vpon the Factor wherein consideration must bee had both wayes Suppose A. B. of London writeth his Letter vnto C. D. of Antuerp in these words If E. F. of Amsterdam or any other of my friends there draw by exchange vpon you any Summes of money it may please you to follow his and my friends order I will be your warrant for all and haue a care that all shall be accomplished orderly C.D.
doth concurre and agree with the Lawes of Oleron whereof we shall intreat more hereafter Fredericke the second King of Denmarke at a Parliament holden at Coppenhauen in the yeare 1561 hath abridged as also set downe certaine Acts or Statutes for the ruling of Sea matters but for the most para agreeing also with the said Lawes of Oleron which you shall find in this Treatise set downe vpon euery occasion offered vnto me to make application of them in the Chapters following CHAP. XVIII Of the manner of Proceedings in Sea-faring Causes ALl controuersies and differences of Sea-faring Actions or Maritime Causes ought to be decided according to the Sea Lawes which tooke their beginning from Customes and obseruations and from them is the interpretation of the said Law to be taken and if any Case shall fall out that was not knowne before neither written downe and authorised as a Law then the same is to bee determined by the Iudge with the opinion of men of experience and knowledge in the said Sea-faring causes And herein is all conuenient expedition required that the matter may be summarily and briefly determined especially in case of shipwracke wherein delayes or protractions in Law is a crueltie to vex such afflicted persons Therefore to preuent appellations present execution and restitution of goods is vsed in causes of spoyle vpon caution first found by the spoyled to satisfie the condemnation to the Iudge if there bee iust cause found of appellation Witnesses in causes Maritime and to this end also it is permitted that witnesses of the same Ship may be examined although the aduerse partie bee not called thereunto Merchants and Marriners sayling together in one Ship may beare witnesse each to other and Marriners against the Master when they are free and out of his command The plaintife is to find suerties to pay costs and damages if he doe faile in his proofe and the defendant is to be put in caution to satisfie the sentence Iudicio cisti iudicatum solui If the defendant doe stand out or commit a comtempt by not appearing for to defend himselfe or his Ship or things challenged the Iudge of the Admiraltie may after foure defaults entred deliuer the possession of the said Ship or any other thing or part thereof to the plaintife putting in sureties for one yeare and a day and if the partie appeare not within that time then the propertie is finally adiudged to the plaintife And if he doe appeare within the time offering to pay the expences and putting in caution to obey and performe the definitiue sentence he shall be admitted But this caution or suerties are lyable absolutely for all from the beginning and cannot be discharged as a Baile may be at the common Law Difference betweene caution in the Admiraltie and baile at the Common Law of England bringing in the partie at conuenient time Summons and Citations are not needfull where the ship or goods in question are forthcomming but may be done in the same place where it lyeth or the goods are found If any man be arrested or troubled for the like matters he is presently to be discharged vpon suerties and especially Marriners because they shall not be hindered of their voyage which he may doe with so much goods or the value thereof as he hath within shipboord at the Iudges discretion for it is intended that otherwise trafficke and commerce is interrupted CAHP. XIX Of Buying and Selling of Commodities by Contracts THE buying and selling of commodities by contracts may bee distinguished three manner of wayes namely Regall Notariall and Verball The Regall contracts are made betweene Kings and Princes and Merchants which caused the Kings of Portugall to be called Royall Merchants For whereas the Venetians had the trade for Spices and other commodities of the East Indies Regall contracts called by the Ciuilians Solemne the Portugalls vpon the discouerie of those parts by Nauigation did bereaue the Venetians of that trade as by the reuolutions of time other Nations haue almost compassed that trade of Spices and taken the same from the Portugalls The Kings of Portugall had alwayes the one moitie of the Pepper by way of contract and for that they would contract againe with the Germaines or other principall Merchants of other Nations and of their owne to deliuer the same vpon a price agreed vpon the arriuall of the Carrackes at Lixborne according vnto which it was sold againe with reputation to other Merchants and dispersed into diuers countries and so was it also done for Cloues and Mace and sometimes for Indico and the payments were made by assignation in the Bankes of Madrill Lyons and Bizanson and sometimes at Florence and other places hereupon was the Contraction-house at Lixborne erected and named accordingly where the said Spices and commodities are brought and sold againe Such are the contracts which the King of Spaine doth make with Merchants for the prouision of Corne for his townes in Africa vpon the coasts of Barbarie as Ceuta Mosegam Tangere and other places the paiment whereof hath beene made againe by Pepper vpon some especiall contract and the Merchants haue thereupon also made other contracts with Merchants of the Low-countries to deliuer them that Pepper at Amsterdam and to take Corne in paiment But the case is since altered by the incorporating of the East-India trade Such were the contracts made by the French king Henrie the third with the great Merchants of Italie called Le graund partie for Salt which they by authoritie did ingrosse for the king and brought also from other countries by sole permission causing euerie household in all France to take a proportion yearely or to pay for it whether they had occasion to vse it or not which was an Italian inuention and for this they paied by contract vnto the king six hundred thousand pounds sterling being two millions of French Crownes yearely Such were the contracts which Queene Elizabeth of blessed memorie made with Merchants of London for the prouision of victuals and apparrell for the souldiours in Ireland during the late warres with the Earle Tirone which did amount to verie great summes of money insomuch that the seuerall contracts for apparrell came to ninetie sixe thousand suits of apparrell as I haue seene by the Records and Accounts extant in his maiesties Court of Exchequer All these and such like contracts are made by commissions granted for that purpose to some great officers of the kingdome who haue thereby authoritie to contract for the same with Merchants or others Notariall contracts haue partly dependance vpon the same Notariall contracts called Publicke for when those Merchants which haue contracted with Kings or Princes are to prouide sodenly those things which they haue contracted for or to dispose of the commodities which they haue bought or ingrossed into their hands Then they deale with other Merchants either to prouide them of the said commodities or to sell them such as they haue bought
expresse them vpon the verie words contained in all or most policies of Assurances namely Of the Seas men of Warre Fire Enemies Pirats Rouers Theeues Iettezons Letters of Mart and Couenants Arrest Restraints and Detainements of Kings and Princes and of all other persons Barratrie of the Master and Mariners and of all other Perills Losses and Misfortunes whatsoeuer they be and howsoeuer they shall happen or come to the hurt and detriment of the Goods and Merchandises or any part or parcell thereof c. First the Policie of assurance saith That such a man of what nation or qualitie soeuer he be caused himselfe to be assured from such a place to such a place vpon goods or c. laden or to be laden in the good Ship called the Dragon or c. of the burthen of so many Tunnes whereof A.B. is Master for such a voyage and to beare the aduentures abouesaid If the person whose name is vsed in the assurance be in time of warre taken to be no friend to the State there is a danger to pay the said assurance if after the subscription of the assurour the goods should bee arrested and be made forfeited to answere the same to the Prince albeit this was by the late Queene Elizabeth contradicted in the point of honour as it pleased her of a royall and noble disposition to say in a case concerning the Portugalls subiects to her aduersarie Phillip the second King of Spaine For in the yeare 1589 a great Ship being taken by certaine men of warre of London and brought into Plimmouth laden with Pepper Sugar and other commodities at Lixborne to bee deliuered at Venice it pleased the Lords of her Highnesse most honourable priuie Councell to deliuer vnto me all the Letters Bills of lading and Inuoyces which were found in the said Ship being written in six or seuen seuerall languages to the end I should make true report of the contents of them to know to whom properly the said goods did appertaine in doing whereof I found that a great part of the said goods did belong to the Venetians as also to the Florentines with whom the said Queene had no quarrell but that the said goods were assured at Lixborne by the Portugall Merchants Hereupon there was a pretence to make them good prize and the matter was long debated and at last resolued that the parties should haue restitution of their goods the rather for that the Portugalls were great losers many wayes which was done accordingly The losses which ordinarily according to the seasons of the yeare happen vpon the Seas are knowne the like is more or lesse with men of warre enemies Pirats Rouers and theeues Lâ—sses to bâ— well considered of in the behalfe of the assurors especially with men of warre in times of hostilitie as it is in times of peace by Pirats Rouers or theeues which are assayling theeues for otherwise if there bee theeues on shipboord within themselues the Master of the Ship is to answere for that and to make it good so that the assurors are not to be charged with any such losse which sometimes is not obserued As fraudulent assurances and the losse of stolne goods within shipboord doth not concern the assurors so likewise the fault of the Pilot is to bee considered on their behalfe by the Lawes of Oleron after that the Pilot hath brought the Ship in sure harbour hee is no further bound or lyable for then the Master is to see to her bed and her lying and beare all the rest of her burthen charge and danger So that if before she come into the Port or some safetie either shee or goods perish or bee spoyled Lawes against vnskilfull Pilots the Pilot makes good the same yea if his fault or ignorance bee so grosse that the companie sees any manifest and present wracke to all thereby then may they lead him to the Hatches and strike off his head Moreouer if without apparant danger some of the skilfullest Mariners deeme that a Pilot is not so skilfull as hee maketh boast or profession of then shall he both lose his hire and double the same to the Admirall and Master or else by the Law of Denmarke passe thrice vnder the Ships Keele And also if a Pilot hired for a voyage bee not readie against the day hee shall not onely pay the Master and Merchants damage or stay but also the fraight that is lost thereby except sickenesse or some very lawfull excuse qualifie the same The like consideration must be had in the contribution made to satisfie Pirats for if ship or goods be redeemed from a Pirat the contribution must be made by all because the redemption is made for the safetie of all Contribution for Pirats But if the Pirat be once master of all and yet take but some speciall goods whether from Ship or Merchant and not as a contentation for sparing of the rest in this case because the remainder is not assured thereby but freely spared no contribution is to bee made for the taken goods to charge any assuror with any part thereof For oftentimes Pirats take but things at pleasure and not of mind to spoyle But now adayes commonly it is taken and supposed otherwise howbeit beyond the Seas the loser of the goods so taken beareth his owne losse vnlesse it bee assured It was so iudged by a packe of Stockings taken out of a ship of Amsterdam bound for Sanlucar by the Moores of Barbarie in the yeare 1589 and the assurors payed accordingly who had assured onely vpon that Packe whereas if it had bin cast into an Aueridge to make all the assurors of that Ship contributarie the â—aid assurors had beene much eased Contribution for spoyled goods And it is therefore to be obserued and the Law of Oleron is If by the losing of any cast goods or vpon any needfull occasion the remaining goods be spoyled either with wet or otherwise a contribution shall bee made proportionable for so much as they are made worse Againe if it be needfull to lighten a Ship for her easier entrie into the harbour or channell Contribution for lightening two parts of the losse fall vpon the goods and the third part vpon the Ship vnlesse the Ship is more worth than the lading and that the charge of goods bee not the cause of her inabilitie to enter but some bad qualitie proceeding of the Ship it selfe or that otherwayes it be prouided in the Charter-party that the goods shall bee fully deliuered at the Port couenanted and appointed for them Condition makes law which concerneth the assurors also to looke vnto In which case it is also to bee obserued That if by occasion of lightening the goods which are in the Boat or Lighter perish the Ship and the goods remaining on shipboord shall make good the said losse But on the contrarie if the Ship and goods remaining perish after the Lighter is once safe no contribution shall be set vpon the goods in
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
instruments The like is for goods cast which were brought within ship-boord without the master or his pursers knowledge In the rating of goods by way of Contribution this order is obserued If they chance to be cast before halfe the voyage performed then they are to be esteemed at the price they cost if after then at the price as the rest or the like shall be sold at the place of discharge The person whose goods haue beene cast is to be carefull to haue the same estimated before the ship doe discharge and to deale with the master for that purpose For the law doth intend that the goods deliuered vnto him are not only as a pawne or pledge for his fraight but also bound to answere all such Contributions and Aueridges that may happen and therefore the master may put his helping hand thereunto vntill satisfaction be made albeit that commonly the detaining of other mens goods are not allowed Three sorts or manner of goods token vpon the sea Herein let vs now consider of things taken vpon the sea which are of three sorts the first we haue alreadie noted to be goods taken by Letters of Mart by ius represaliarum the second are taken from Pirats or sea Rouers and the third from professed enemies Touching that which is taken from Pirats seeing they be goods which they haue wrongfully taken from others whether they be found in their owne or their successors possession these are esteemed to be a iust prise or prey to any taker of them so that account be made of them to the Admirall And in case where the taker doth find the goods of his friend or countrieman with the Pirat it is reasonable that restitution be made vpon good consideration of the charges and danger sustained concerning the same If a ship or goods be taken from a professed enemie it is to be proceeded in according to the authoritie whereby it was taken But if goods be taken by a professed enemie and afterwards the said goods are taken againe from him and the true owner doth claime them it ought to be restored to the owner for the law taketh these goods to be as receiued and not taken yet with good recompence for them But when such goods become a lawfull prise to the taker then the Admirall is to haue his tenth part according to the offer which Abraham made vnto God of the spoyle which he tooke of the fine kings and the remainder of the goods so taken is to be proportionably diuided betweene the takers or according to the composition formerly made In these cases there is alwaies a fauourable consideration to be had which is the cause that if two forreine nations be at warre and the one take a ship from the other and bring her into a port or road within the bounds of a neuterall nation alike friend to both then may the Admirall of that nation ordaine that ship to be restored to her owner and the persons captiue to their former libertie euen as if she had beene brought backe to her owne port or countrie againe * ⎠* CAHP. XXII Of the particulars to bee obserued in Assurances THE obseruations to bee considered of in matter of assurances are very materiall for euery Merchant and deserue a particular Chapter in this Treatise which I haue compiled according to the circumstances of the things themselues for the assurors benefit 1 The first I haue touched in the Partie who causeth the assurance to be made both for his honest dealing and whether hee bee a friend to the State or Kingdome for the reasons aforesaid 2 To know the Master of the Ship and Mariners to bee honest and of experience to auoid the danger of Barratrie and other accidents 3 To take notice of the goodnes of the Ship and of her sayling especially making her voyage alone or in companie of other Ships whether she be old or new built and the price of the assurance to bee accordingly 4 To know by the Map or Sea-cardes the distance of the place or countrey where the Ship is to sayle and the dangers of knowne rockes and sands 5 To haue a regard what winde must serue and the true season of the yeare which maketh a difference in the price of assurance as for example an East or North-east winde driueth from the land for Spaine which is lesse dangerous and receiuing six or seuen pro ciento when a Westerne or North-west or South-west driuing from thence vpon the land is to giue seuen or eight pro ciento in Winter two in the hundreth more than in Summer vnlesse it be by calmes in places dangerous as now in the Straights for the Turkish Pirats and without it the Moores of Barbarie or other theeues So Ships going for East-land against Winter will giue two in the hundreth more than in Summer The like for Ships bound for seuerall Ports more subject to casualties c. 6 To consider of the places of hostilitie where the Ship must vnlade or touch the danger of generall or particular Embargos of Ships the likelihood of detainements of Kings and Princes 7 Not to assure for vnlawfull places of trade or questionable betweene Princes as Guinea and there about the West-Indies vnlesse a good premio bee giuen as in a manner vpon aduentures lost or not lost 8 To know vpon what kind of goods you doe assure whether vpon Wines Oyles Salt Raisons and such like corruptible and perishable wares or vpon other Staple commodities as Clothes Tin Lead or Silkes c. not subiect so ordinarily to Aueridges and contributions as the other 9 To know what Ordnance and Munition the Ship is prouided withall and not to assure vpon the bottome of the Ship but with good aduice 10 If you assure vpon any particular goods marked to know whether they bee laden in the bottome of the Ship and there is danger of wetting and spoiling if aboue in the Ship there is danger of Pirats or of casting ouerboord about the middle is best 11 To bee aduised not to assure beyond the limitation of your knowledge by the meanes of others or from Lixborne to Brazell or from Venice to Tripoly or such like voyages whereof you cannot conueniently haue notice from time to time 12 Lastly to bee prouident in the contributions and aueridges to answere for no more than is your due to pay and to haue an inspection of the Bills of lading if doubt be made of the Commissioners sufficiencie or knowledge in cases of this nature The assurance vpon the liues of men whether aged or young of good qualities and diet of disposition gentle or quarrelsome a traueller or a dweller being somewhat extraordinary euerie man is best able to consider of it by the acquaintance of the persons * ⎠* CHAP. XXVIII Of the manner of Proceedings for Assurances in case of losses WHereas the policie of Assurance remaining with the assured is registred Verbatim in the Office of Assurances to the end that
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King Eâ—ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Hollâ—ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guiccâ—arâ—in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertâ—ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
haue beene contented since Our comming to the Crowne to tollerate an indifferent and promiscuous kind of libertie to all Our friends whatsoeuer to fish vpon Our Streames and vpon any of Our Coasts of Great Brittaine Ireland and other adiacâ—â—t Islands so farre forth as the permission or vse thereof might not redound to the impeachment of Our Prerogatiue Royall nor to the hurt and damage of Our louing Subiects whose preseruation and flourishing estate We hold Our selues principally bound to aduance before all worldly respects so finding that Our coniuence therein hath not onely giuen occasion of ouer great encroachments vpon Our Regalities or rather questioning of Our right but hath been a meanes of much daily wrongs to Our own people that exercise the trade of fishing as either by the multitude of strangers which doe preoccupie those places or by the iniuries which they receiue most commonly at their hands Our Subiects are constrained to abandon their fishing or at the least become so discouraged in the same as they hold it better for them to betake themselues to some other course of liuing Whereby not onely diuers of Our Coasts Townes are much decayed but the number of Marriners daily diminished which is a matter of great consequence to Our estate considering how much the strength thereof consisteth in the power of Shipping and the vse of Nauigation Wee haue thought it now both iust and necessarie in respect that Wee are now by Gods fauour lineally and lawfully possessed as well of the Island of Great Brittaine as of Ireland and the rest of the Isles adiacent to bethinke Our selues of good and lawfull meanes to preuent those inconueniences and many others depending vpon the same In the consideration whereof as Wee are desirous that the world may take notice that Wee haue no intention to deny Our neighbours and allies those fruits and benefits of peace and friendship which may be iustly expected at Our hands in honour and reason or are affoorded by other Princes mutually in the point of Commerce and Exchange of those things which may not prooue preiudiciall to them So because some such conuenient order may be taken in this matter as may sufficiently prouide for all these important considerations which doe depend thereupon Wee haue resolued first to giue notice to all the world That Our expresse pleasure is that from the beginning of the moneth of August next comming no person of what Nation or qualitie soeuer being not Our naturall borne Subiect be permitted to fish vpon any of Our Coasts and Seas of Great Brittaine Ireland and the rest of the Isles adiacent where most vsually heretofore any fishing hath beene vntill they haue orderly demanded and obtained licences from Vs or such Our Commissioners as Wee haue authorised in that behalfe viz. at London for Our Realmes of England and Ireland and at Edenborough for Our Realme of Scotland Which licences Our intention is shall be yearely demanded for so many Vessells and Ships and the Tunnage thereof as shall intend to fish for that whole yeare or any part thereof vpon any of Our Coasts and Seas as aforesaid vpon paine of such chastisement as shall be fit to be inflicted vpon such wilfull offenders Giuen at our Palace of Westminster the sixth of May in the seuenth yeare of Our Raigne of Great Brittaine France and Ireland Anno Dom. 1609. By this Proclamation is his Maiesties Right and Dominion of the Seas expressed in two words by Lineall and Lawfull possession of an hereditarie Kingdome or Kingdomes whereunto those Seas are ioyned and appertaining It is not a Dominion obtained by an electiue Kingdome as Poland Hungarie and others neither is it had by any first discouerie wherein the Pope must be a mediatour as Alexander the sixth was between the King of Castile and Portugal vpon the discouery of the East and West-Indies by drawing a line vpon the Globe from the Island of the Canaries to make the diuision betweene them Neither is it like to the Whale fishing in Greeneland where some vpon their discouerie tooke neither possession much lesse had any occupation which maketh the stronger right Neither is it by gift or purchase as some Italian Princes in the Mediterranean Seas which doe neuerthelesse inioy both freedome and benefit thereby but it is vndoubted and indisputable as aforesaid To conclude this Argument The best mark of distinct dominions vpon the Seas the distinct dominion of a bordering Prince vpon the Seas is best seene by the Tribute or Taxe which hee taketh vpon fishing ships whereof we haue many presidents In Russia many leagues from the Maine Fishermen doe pay great taxes to the Emperour of Russia and in most places none but his subiects are permitted to fish and the Hollanders doe giue him the tenth fish The King of Denmarke taketh great tribute both at Wardhouse and the Sound The Kings of Sweathen haue done the like which is now continued by the King of Denmarke for Norway The Duke of Medina Sidonia taketh for Tunyne King Edward the third of England tooke six pence for euery Tun in his time which by inhauncing of the money is now 18 pence All the bordering Princes of Italy doe take tribute of the fish taken within the Mediterranean Seas for their seuerall Territories In Lappia Fishermen doe pay monyes in the Sound for passage to fetch it ouer and aboue the tenth fish The Earle of Orkney taketh the tenth fish for the Isles of Orcades vnder his iurisdiction as the Fishermen doe to the Lords of the Manors in the West parts of England for Pilchards Hake and Conger The States of the vnited Low Countries doe take an Imposition vpon fish taken within the Seas and Streames of other Princes as also neere their Coast and their subiects trafficking with the Russians as Haunce Noblett Haunce Van stracle Robert Englegraue and others do continually pay the tenth fish vnto the Emperour of Russia All which is requisite for Merchants to know to preuent troubles or losses for the pretence of ignorance doth not excuse as our Merchants of Kingstone vpon Hull haue found to their exceeding losse heretofore CHAP. XXXVI Of Customes Subsidies and Impositions payed vpon Commodities WHereas Customes Subsidies Impositions Toles Customes vpon commâ—dities due by the Law of Nations Accizes Imposts and other duties by the exemplarie actions of Princes and Common-weales are due by the Law of Nations as a matter inherent to their Prerogatiues because they are absolute Commanders in their Harbours Hauens and Ports where commodities are exported and imported euery Merchant is bound to take notice thereof and to obserue the same according to the ordinances and proceedings vsed therein in all countries respectiuely to auoid the danger of the losse and forfeiture of his commodities and to make a true calculation how to buy and sell to profit obseruing how much vpon the hundreth pounds in value of his commodities rated by the orders of diuers countries the same amounteth vnto and to adde the
they were neither the discouerers or first inuenters thereof But if it be done by the Kings Prerogatiue then they take it to be a kind of Monopoly So that if it be by a dispensation vpon a Penall Law they make the same questionable wherein neuerthelesse the Princes wisedome is to rule for the good of the Common-wealth Others would haue all things at large in the course of trafficke and that there should be no Societies or Corporations of Merchants for any places of trade but that by way of partenership Merchants might associate themselues to make or enterprise some voyages or in sending of commodities in copartnership without regard had that innouations are dangerous where the trade hath beene carried alwayes by Companies or Societies whereof some are of great antiquitie This is more considerable in the gouernements of Monarchies and especially in Islands than in State or popular gouernements where the ouerballancing of forraine commodities is not respected neither the oueraboundant inhabitation of strangers which augmenteth their Customes and Impositions laid at pleasure vpon their commodities as a principall matter whereby they subsist Others make a difference betweene Companies or Associations dealing in a ioynt Stocke or apart affirming the negotiation of a ioynt Stocke to be within the compasse of a Monopoly Neuerthelesse they would be contented to tollerate the same for the imployment outwards But for the returnes homewards they would haue a diuision in kind or species of the commodities which they receiue which is contrarie to the manner of the Portugalls whose experience hath made apparant vnto vs that they haue for many yeares sold their Spices and other East-India commodities with good order and reputation for their benefit And in this course they vse many times other mens names Merchants vsing each others name according to the Custome of Merchants as they doe also manage other mens affaires in their owne names but this is done with the priuitie of the partie whose name is borrowed and thought worthy to bee trusted otherwise it may prooue verie dangerous especially in time of warre Touching forestalling of Corne or other commodities in Markets it is as I haue said prouided for by Lawes neuerthelesse the Ciuilians haue noted That by the Municipall Lawes of all Countries it is not prohibited for any man to make his prouision of Corne or other victualls for one whole yeare and vpon changing of mind to sell the same againe to profit * ⎠* CHAP. XLIII Of Merchants Oppignorations MErchants oppignorations are more vsed in regard of the commodiousnesse of it than vpon necessitie as other goods are pawned For when a Merchant hath a Ship come home laden with Wines Oyles Woad or such like commodities and is to pay a great summe of money for Fraight Custome and Impost hee will not willingly disburse more money but will indeauour to sell part of his commodities to pay the same withall because that thereby hee may auoid the payment of interest for money vnto others which sometimes hee cannot so reâ—dily find vpon his owne Bond alone and if he doe then must hee bee tied to take the same for foure or sixe moneths and pay that interest when within one moneth he may make moneys of his own goods Vpon consideration whereof some rich Citizens that haue great houses and many Sellers or Ware-houses and to let them at greater rents haue beene contented to lend money vpon the goods brought into their Sellers and Ware-houses paying after the rate of tenne in the hundreth for the yeare and when they sell their goods they must pay them the said money for they do trust Bayard in the Stable In which regard the houses of Commerce are very necessary and other such houses that are spacious to receiue great quantities of commodities where the Customes and Impositions are only paied by the sale of the commodities and you may borrow more money for little or no consideration at all and heereby doth a Merchant inlarge his trade and young Merchants hauing small Stockes find great ease and commoditie You haue at Lixborne the Alfandega in Seuill A Dicana at Venice Il fontego Houses of Commerce at Antuerp the house of the Easterlings is memorable whereof I did deliuer the figure in print to the late Earle of Salisburie when he caused the Brittaines Burse to be builded in the Strand and withall a proiect to build a house of Commerce vpon the Tower Hill which he did like exceedingly and protested that if hee had not begun that worke hee would vndertake this proiect which I doe here declare in hope that some honourable friend to Merchants may be pleased to build the same hereafter Domus Commutationis THe scituation of this House of Commutations or Commerce would be verie commodious vpon the Tower hill to be made of free stone the proportion almost square according to the said Easterlings house at Antuerpe leauing a faire street on euerie side the fore part thereof towards the riuer of Thames and the water to be brought before it by cutting in the docke below the Tower wharfe so as two ships of ordinarie burthen might at one time come in to discharge at the Cranes to be made there for the purpose The drinesse of the ground is very fit to make great Cellars in the middest a stately Court and all the lower part of this house double Ware-houses for commodities of great Bulke and ouer that Galleries answerable to the lower part set vpon stately Columes full of Ware-houses for small wares of value and so for a third Storie and double Garrets for corne and such like commodities reseruing some faire roomes for the entertainement of great personages comming from beyond the seas to feast them onely also with a magnificent Turret great Gates and places with ballances and beames to weigh all sorts of commodities The earth of the Cellars would serue to raise the hither part of the ditches of the Tower to make them deeper and part of the ground leuell fit for goodly walkes and for the scouring of the docke or entrance a Mill might be made to grind mineralls and other things One part of this House to serue the clothiers that cannot conueniently at all times sell their clothes at Blackwel Hall which they may remoue when they haue occasion to vse mony to buy necessarie commodities to maintaine their trade which commodities they may haue for that money or by way of commutation as Woolls Oyle Woad Indicoe Cutcheneale Allome Copperas or other such like extant in other Ware-houses of this House as by the Register kept thereof will appeare whereunto all Brokers shall resort and haue notice of if they will When the clothiers shall haue this commodiousnesse they will increase their trade and set more people on worke to make good clothes according to the statute which will be more vendible in other places beyond the seas to the generall aduancement of trafficke his maiesties Customes and Impositions and all other dependancies
1500 Markes of Gold of eight ounces 1500 Markes of Pearles 1 Chest Emeraulds From Mexico For the King 1900 thousand Pesos of Siluer 1100 Markes of Gold For particular persons 2 millions in Siluer 64 thousand Hides 25 thousand ll Indico From Santo Domingo Island 35 thousand Hides 900 Chest Sugar of 1000 ll weight 22 thousand Kintals of Ginger 13 thousand Kintals of Logwood 50 Kintals of Salsaparilla 48 Kintals of Caniafistula 64 Roues of Cottonwooll All the Gold and Siluer was valued at thirteene millions and all the commodities at three millions whereof the King had twelue millions and one halfe De claro wherewith we conclude this Chapter of the Mines Royall and are moued to write also of other Mines and Minerals contrarie to our first intention but briefely as followeth * ⎠* CHAP. III. Of Mines and Mineralls THe next in order to be treated of are Tin Mines which are but few in number in all countries Tin Mines and in Germanie onely found somewhat plentifull but the Tin is blackish and corrupt so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World which containeth foure ounces of Gold in a thousand whereof there is some twelue hundreth thousand made yearely It hath been sold for many yeares at an vnder value but his maiestie hath by way of Praeemption aduanced the price thereof which belongeth to the Dukes of Cornewall and consequently vnto the noble Prince of Wales Charles sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants and the gouernment of the Staneries with all the good orders obserued therein and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome and deserueth great commendation as is alreadie noted Lead Mines Leade Mines are found in all cold countries especially in Germanie in the dukedome of Brownâ—wike but it is blacke of colour and vntill it be refined it is vnseruiceable and consequently not vendible The old Duke had almost made a wall aboâ—t the citie of the sowes and pigges of Leade vntill our Leade became deere and scant and that an Antuerpian did teach them how to refine their Leade in taking away the cobble which is like vnto a knot in a peece of timber which made the Leade brittle and by his meanes all the Dukes Leade was sold in Italie Spaine and other places in France and elsewhere Scotland and Ireland haue many Leade Mines containing also Siluer The Leade Mines of England are scituated in diuers places of the kingdome but most in Darbishire in the hills of Peake Somersetshire and Wales There is great difference in the Ore as hath beene noted There are also many Lead Mines in Richmondshire vnder the countie of Yorke where I went to view them anno 1606 about Arkendale and the new Forest hauing prepared a long Yron boare of eighteene foot long for that purpose Description of many Leade Mines in Yorkshire and there I did obserue within the compasse of ten miles that the scituation of Arkendale iâ— betwixt two hills the one lying North called Windike and the other South-West called Moldersey adioyning vnto another hill called Pouncy lying West from Moldersey all belonging vnto the King and by lease vnto sir Iohn Maillorie knight There are also adioyning vnto it certaine other hills where lead Mines are as Swailedale where my lord Wharton hath his workes also Readhurst Cocka and Fellind being East from Wyndecke The Mines of Arkendale haue neuer been wrought to any purpose There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts which at their leasure seeke for Lead Ore vpon sufferance and bring the same to the melting places where they fell the same for 20 or 24 ss the load giuing to the owners three or foure parts in ten as they can agree and one tenth to the Parson or Vicar of the Parish or Chappell A loade of Ore with them is as much as foure or fiue horses can conueniently carrie which by computation is some ten hundreth weight and is also deliuered by a measure called Load foure of these Loads will make a Fother of Lead of twentie hundreth their weight being 120 ll to the hundreth London weight so one hundreth of Lead Ore maketh but 30 ll of Lead which commeth to passe for that their manner of melting is by foot-blast and small furnaces with wood and charcoale Foolish maner of melting casting the Ore of Lead betweene them in small peeces and so still augmenting their melting which can yeeld but little the heat of the fire being choaked with the fewel and drosse of the Lead whereas flame is the greatest meane of melting of all mettaline Ores which require furnaces to be made accordingly where thirtie six or fortie hundreth may be molten together they melting three or foure hundreth There is no wood to be had but within two miles but sea coale and good peate is neere hand which may serue better cheape for they reckon 7 or 8 ss for the charge of a fother for the melting The Lead being cast into small Piggs of somewhat more than one hundreth weight are brought on horse-backe through Richmond to Burroughbridge being about thirtie miles distant and are conueyed by water to Yorke for 2 ss the hundreth and from Yorke to Hull for other two shillings so that a Fother of Lead with all charges will not stand in three pounds and there is a neerer way by Stockton on the sea-side about twentie and fiue miles which will lessen the said charges Now we are come to Yron mines Yron Mines whereof almost all countries in Europe are prouided which do much differ in goodnesse yet may be vsed according to the seuerall workes whereunto it is imployed as the Spâ—nish Yron seruing for Blades not so good for other things England hath great store of Yron Mines for by computation there are aboue eight hundreth furnaces The melting of it by flaming sea coale or Scots coale saueth a great deale of charges There are lately found more Yron Mines in Fraunce which Yron being made into bars is transported into Guinea Binea and other parts vpon the coasts of Africa where it hath continually beene in great estimation and now becommeth so aboundant that their profit is but small of those voyages and so it falleth out at this present for the price of Leade The Yron stone in Wales is found to differ from the Steele stone by meanes whereof a Germane made good Steele in barres Steele stone and also Gad Steele But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein and Germane Steele is best vntill of late that a Frenchman shewing the imperfection of ordinarie Steele caused his maiestie to make void the said patent and to grant another for the making of perfect Steele surpassing in goodnes the Steele of all countries So we find
doe not spring the Teast must bee for double the quantitie of your course Siluer and accordingly you are to take more or lesse Lead to driue out three pound of Copper is twentie foure pound Lead requisite but is not to be put all at once then blow vntill the same doe driue off and the Siluer remaineth which take out suddenly c. * ⎠* CHAP. VIII Of the weight and finesse of Moneys and their seuerall Standards IT is now twentie yeares compleate since Thomas Lord Knyuet sir Richard Martin and diuers other Knights and Aldermen of the citie of London and master Iohn Williams his maiesties Goldsmith and my selfe were in Commission to consider of the Mint affaires of the Tower of London and of the causes of the transportation of the moneyes of the realme and of conuenient remedies to preuent the same The causes were obserued to besix whereof the Weight was the first next the Finesse of our standard then the Valuation of moneys and therein the proportion betweene Gold and Siluer fourthly the abuse of Exchange for moneys by bills wherein all the former were included for we all did set downe that the difference of Weight Finesse Valuation and Disproportion aforesaid According to our certificate were not of themselues true causes of Exportation if there were betwixt countries and countrie a due course holden in the exchange of money but that due course not being obserued then they might accidentally becauses And this course was the cause of the ouerballancing of forreine commodities increased by the immoderate vse of them and neglect to set the people on worke so that the remedie was wholly found to consist in reforming the abuse of Exchange whereof I haue handled at large in the third part of this booke for Exchanges Hereupon conferring the pound weight Troy of 12 ounces with the marke weight of eight ounces admitting one marke and a halfe for the said pound we found with France full three pennie weight ours to be heauier and the Low-countries and Germanie 2 ½ pennie weight or thereabouts with Scotland foure pennie weight and nine graines and alwaies heauier than any other This agreeth with an instruction declared in an old Booke concerning Mint matters in the time of King Edward 3 where it is demaunded What benefit it would be to the King and realme Ouer heauines of the weight Troy if the Troy weight of this realme and the Troy weight of Fraunce Flaunders Spaine and Almayne and of other realmes and countries were of equall weight and size For as much as other countries keep one size and weight whereas the Troy weight of England is heauier in euerie eight ounces by halfe a quarter of an ounce It is answered that the Merchant that brings in bullion doth loose so much and the calculation is made what it was for euerie hundreth weight both for gold and siluer and it followeth there Wherefore this is one great cause that so little bullion comes into the realme and therefore may it please the King to deuise some weight that should be correspondent to the weight of other realmes and call it by some other name than by the Troy weight And it is there thought meet that for information of Merchants and others a Kalender should be made and published A Mint Kalender to shew how much euerie pound weight ounce and pennie weight is worth that the true valuation of Gold and Siluer may be thereby perfectly knowne wherby Merchants and other persons shall giue honour and praise to the King and his Councell for Equitie and Iustice shewed in the Mint There hath been vsed from the beginning in the Mint both Troy and Tower weight Tower weight each of them containing twelue ounces in the pound weight sauing that the Troy weight is heauier by sixteen penie weight vpon the pound weight by which Troy weight the merchants bought their gold and siluer abroad and by the same did deliuer it to the Kings mint receiuing in counterpeaze but tower weight for Troy which was the Princes Prerogatiue gayning thereby full three quarters of an ounce in the exchanges of each pound weight conuerted into moneys besides the gaine of coynage which did rise to a great reuenue making of thirtie pound weight Troyes thirtie and two pound weight Towers which is now out of vse and the Troy weight is onely vsed Subdiuision of the pound weight Troy containing twelue ounces euerie ounce twentie penie weight euerie penie weight twentie and foure grains and euery grain twenty mites euery mite twenty and foure droicts euerie droict twentie periods euerie period twentie and foure blanks although superfluous but in the diuision of the subtile assay which in Scotland are all diuided by twentie and foure from the denier wherof they reckon twentie and foure to the pound Troy so twentie and foure graines Primes Seconds Thirds and Fourths all by twentie and foure And for the marke and pound weight of other countries I do refer the reader to the fourth chapter of weights and measures of the first part of this booke Concerning the pound weight for finesse and allay let vs note that these two make properly the pound weight as being distinguished therein for if it be one pound of fine siluer it weigheth 12 ounces and it is likewise 12 ounces fine Diuision of the pound Troy in finesse but if there be 2 ounces of copper in that pound then is there but 10 ounces of siluer and so called 10 ounces fine and so if there be 10 ounces 16 pennie weight of siluer and so called in finesse then is there one ounce foure pennie weight in copper and so for all other finesses accordingly The like is for the Gold whereof the said pound is diuided into twelue ounces or twentie and foure carrats being two carrats for one ounce and euerie carrat is diuided with vs into foure graines and finesse accordingly From this generall weight of the pound Generall weight Special weight is deriued the speciall weight of the peece according to the standard wherein after that the commixture is made for finesse the peeces must concur in value and thereby is the speciall weight knowne of the peece whereby the monyers cut their peeces The Sheire it being the direction for the sheire vnto them which peeces they cut by their weight deliuered them accordingly and herein they are to vse good and exact sizing to preuent the culling of moneys for the transporter or the gold-smiths for melting them for to conuert into plate Concerning the finesse of the moneys of other countries with their weight and number of peeces in the Marke of eight ounces which I haue reduced to the pound Troy of twelue ounces I haue here made a plain declaration as followeth to instruct all Merchants and Gold-smiths therein for the common good obseruing that some men not ouer wise in Mint affaires perceiuing the Marke to be diuided into 24 carrats for gold
accordingly The double Guilder of Albertus tenne ounces 15 pennie weight and 14 â…— peeces The single Guilder the halfe and quarters of the same finenes and peeces accordingly The peeces of foure two and one Stiuer since 1590. The peeces of eight Ryalls of Spaine of eleuen ounces foure pennie weight and 13 ½ peeces The said peeces made at Mexico in the Indies eleuen ounces fine and 13 â…” peeces The Lion Doller of the Prince of Orange of nine ounces fine and thirteene peeces The siluer Ryder of Guilders and Frize-land correspondent with the States Doller of nine ounces The Dollers of Guelders and Vtrecht tenne ounces tenne and twelue pennie fine and thirteene peeces The great siluer Royall of the States correspondent with the Phillip Doller The 1 20 part of the said great Royall with the Arrowes accordingly The Doller of Zealand with the Eagles of nine ounces fine and 13 ½ peeces The Edward Doller of England of eleuen ounces two pennie weight fine and 11 ¾ peeces The Doller of Scotland with the crosse Daggers eleuen ounces two pennie weight fine and 11 ¾ peeces The Marke of Scotland eleuen ounces two pennie weight fine and 54 peeces The Doller of Frize-land coyned 1601 of nine ounces fine and 13 ½ peeces Coynes made of meere Copper THe Ortgens whereof foure make one Stiuer and two the halfe Stiuer The Duyts also foure make one Stiuer The Negenmannekens the eight make a Stiuer and foure the halfe Stiuer The three Mites whereof eight peeces to the Stiuer is 24 Mites The sixteene pence Hollandts make one Stiuer and eight the halfe Stiuer For other Copper Moneys read the fifth precedent Chapter of Moneys Error of Triall peeces for the Standard So I doe conclude this Chapter with an errour committed in the making of the Standard Triall Peeces vsed in most Kingdomes and States to charge the Mint-masters to make the Moneys by wherein they doe not proceed according to the Rule of Arithmatike by obseruing true weight and finenesse For if it bee appointed to make a Standard peece of tenne ounces fine they will take certaine ounces of fine Siluer and Copper proportionable thereunto and melt them together and being made into a plate of Siluer diuide the same into three equall parts to be deliuered one to the King another to the Warden and the third to the Mint-master and hereof are Assayes made both of this peece and the moneys and so compared together As if a man should take eleuen ounces two pennie weight of fine Siluer and eighteene pennie weight of Copper both in weight and melt them together making twelue ounces by weight and neuer weight them after they bee commixed But say this is sterling Standard whereas the weight both of the one and of the other doth proportionate the Standard by weight for in regard of the waste of copper this is better than Standard and ought to bee made exactly so that the peeces also are to be correspondent to the pound weight for the foundation riseth from hence as in the following Chapter appeareth CHAP. IX Of the Valuation of Moneys and the Proportion betweene Gold and Siluer VAluation of Moneys is the Spirit which giueth life vnto coynes for without it weight and finenesse are in the nature of Bullion or Materialls This Valuation is twofold Two fold is the valuation of moneys the first is done by publicke authoritie of Princes and States whereby the peeces of coynes are esteemed at a price certaine both for Gold and Siluer to go currant for that value within their kingdomes and dominions the second is the Valuation of Merchants by way of Exchange betweene vs and other nations which is predominant and ouerruleth the former as heretofore hath beene touched and now will be proued The Kings or Princes Valuation is effected three manner of waies Kings valuation viz. by inhauncing the price of the coyne by Proclamation secondly by embeasiling the standard of money by allay and thirdly by altering the proportion betweene Gold and Siluer The Merchants Valuation is also effected three manner of waies Merchants valuation viz. by the price of Exchange for moneys rising and falling from time to time by the tolleration of the coynes at a higher rate betweene them and by the combination with Mint-masters inhanceing the price of the Marke of Gold and Siluer Of all these in order briefely The Kings Valuation is deriued or drawne from the verie peece or peeces made out of the pound weight of twelue ounces or the marke of eight ounces which the Romans did call Nummus à numerando to tell or reckon by The Saxons gaue it the name Pfemimg or Pennimick in Ducth from whence the word pennie is deriued for they cuttâ—ng twentie peeces out of the pound Troy of twelue ounces made twentie pence euerie way that is to say twentie pence in weight twentie pence in value Weight and finesse both alike with the number of peeces and consequently diuiding the finenesse also by twentie pennie weight and euerie pennie weight in twentie and foure graines which was the auncient sterling standard of Osbright the Saxon King seuen hundreth yeares past which Valuation so continued vntill King Edward the third and vntill Henrie the sixth and then was valued at thirtie pence the said ounce and continued vntill Edward the fourth The ounce of siluer aduanced because of the inhancing of money beyond the seas and then valued at fortie pence and so continued vntill King Henrie the eight and then was valued at fortie and fiue pence and so continued vntill Queene Elizabeth who after the decry of the base money made by King Edward the sixth which King Henrie his father had caused to be coyned did restore the sterling standard to her great benefit by valuing the said ounce at sixtie pence or 5 ss inhauncing the same one full third part so that one of those pence became three pence by valuation and Gold was raised according to the proportion of eleuen of fine Siluer to one of fine Gold or eleuen of standard Siluer to one of Crowne Gold which valuation of Siluer hath continued hitherto with little alteration But beyond the seas there hath been great inhancing both for the coynes of siluer and gold as wel in Fraunce as in the Low-countries and Germanie to Englands incredible losse as is at large declared in our * The Canker of Englands Common-wealth Treatise of Exchange This daily inhauncing beyond the seas began in the time of King Henrie the eight who went about to reforme the same but afterwards finding that if he should inhance his price of moneys likewise they would still aduance theirs more and more he began but moderately and whereas the Angell Noble so called was at six shillings eight pence Angell Noble inhanced he â—aused the same to be valued at seuen shillings and foure pence by a Proclamation in the eighteenth yeare of his raigne and within two moneths after at seuen shillings
no Vsurie I am suretie for one and pay the debt Ext. side iussâ—r c. 1. 2. paying Vsurie for the same money the principall debtor for whom I was bound is bound to pay vnto me the Vsurie and the payment vnto me is no Vsurie for I receiue but mine owne A man by Testament granteth a Legacie and willeth his sonne to pay the Legacie and so much Nomine poenae for non paying it the Law saith The Testator may charge his Executors or heire vnder a penaltie to pay his Legacie and the same is no Vsurie But if the Testator should say thus I will that my sonne or Executor shall pay for euerie moneth that they are behind hand so much and so from moneth to moneth till it be payed This is Vsurie say the Lawyers because the time is mentioned and peined wherein Baldus is absolute The conclusion of all the premisses is most in things Passiue and buying and selling is left onely betweene men with certaine cautions Sayling thus dangerously betweene the two rockes of Sylla and Charibdis with the great tempest about Vsurie looking that the bright and fortunate Starres of Castor and Pollux should appeare to bring a calme in detestation of all Vsurie Loe an vniuersall and perpetuall Princely contract of Commerce is brought forth grounded vpon Trafficke and Vsurie yet with a religious care to preuent the biting Vsurie vpon the poore and honest housholder and to bee a meanes to maintaine peace through all the whole world in matter of Trafficke and Commerce notwithstanding the seuerall and particular quarrells and differences betweene Princes which is verie considerable and admirable * ⎠* CHAP. XVII Of the Vniuersall and Perpetuall Princely Contract of Commerce THE particulars of this Princely contract of Commerce being compiled by certaine Politicians of diuers Nations was exhibited vnto the Kings most excellent Maiestie in the yeare 1608 by a priuate Gentleman in the Dutch tongue and commanded to bee deliuered vnto mee to translate the same into English but I found the originalls to be in Latine and Italian and partly in French as it had been propounded in diuers countreys vnto other Princes which had subscribed thereunto intending to haue kept a copie of it but on the sudden being depriued thereof I did instantly set downe the substance following of it to the admiration of the Gentleman and contentment of some of then my honourable friends And because it is not like that it should come to any vniuersall conclusion I haue thought conuenient to make the same publike manifesting thereby that Vsurie Politike is like to continue in all countreys to the end we may therefore preuent biting Vsurie vpon the poore by the charitable meanes of Pawne-houses or Mounts of Charitie as aforesaid Substance of the sole vniuersall and perpetuall Contract of Commerce or vnited societie of Knight-hood to be made betweene all Princes and one priuate person for the surer maintaining of Peace amongst Christians and increase of Trafficke and Trade thorough all the world grounded vpon jus gentium by the Articles following THE contract or couenant to bee made with seuen qualities of persons Emperours Kings Princes Arch-Dukes Earles Knights and Gentlemen amongst which some Merchants are comprised in all not exceeding the number of one hundreth persons with the poore to bee reckoned for one as being so many Stakes wherein Seigâ—ories Common-weales Societies and Orders shall be accounted for one also Euerie stake to be from fiue and twentie thousand crownes of fiue shillings sterling vntill one hundreth thousand crownes a stake wherein Emperors and Kings may not exceed three hundreth thousand crownes Dukes Earles and Common-weales two hundreth thousand crownes a person No man to be adâ—aunced to this societie but for his deserts or wealth or for both wherein but one of the kinred to succeed the father or the neerest of consanguinitie by default of sonnes The persons in euerie kingdome besides the Prince to be two or three of the noblest or greatest in gouernment euerie one a stake and the Master of counting houses for a stake seruing gratis or some other Merchant These houses of Exchanges to be in all places of peace or securitie and all other places as it were dangerous to be gouerned and serued by correspondencies which may be in number seuen or nine to one stake and so augment the stocke by their credit and meanes accordingly receiuing a proportionable gaine of the benefit procured by their imployment without any other vse or consideration for their moneys The moneys deliuered to this societie for the stocke to remaine for euer by way of donation only the reuenue yerely from time to time to be paied to the parties their heires or next of the bloud or to the lawfull assigne or by default after a time to the poore The persons aduanced by deserts and without money brought in shall for their stake or so much as is wanting within the time limited allow ten in the hundreth vntill the same is raised by the gaine which is offered by foure or fiue yeares reuenue to be done or by deduction of six and one fourth part per annum No man for any criminall offence shall by way of forfeiture lose his stake or for any misdemeanor hinder his posteritie to enioy the reuenue thereof but lose his voice wherein euerie man is equall And moreouer for so much as the societie may be hindered thereby defalcation by suspence of paiment shall be made vntill reparation made thereof vnto the said societie at their pleasure No Executor Administrator Surueyor Curator or other persons or assigns are to meddle with the premisses but for want of issue or ob intestato falling vpon children vnder yeares or women to take the accounts and reuenues according to the rate of others without any other account to be made All controuersies arising betweene them of the societie for matter of trafficke to be decided by the Master of Counting Houses with their Counsell of Assistance to bee appointed vnto them without any appellation or remoue to any other court or iurisdiction whatsoeuer The preseruation and assurance of the stocke and credit is by the authoritie and confirmation of Princes and Common-weales who notwithstanding particular differences are generally inclined to maintaine trafficke as the Soule of their wealth and estates so that the said authoritie because of the protection thereof by the law of nations shall be corroborated for the defence thereof by their association vnder their hands and seales in vnitie of couenant with one priuate person of the qualitie hereafter declared in seuen tongues whereof euerie prince in his owne language for subscription is once to haue precedencie and after that without any ceremoniall or politicke obseruation to be vsed indifferently To which end the said Princes and Potentates are to renounce all lawes priuiledges exceptions or immunities of what high nature or dignitie soeuer to the contrarie and to make approbation of this contract by their Parlements or highest Court
followers and subiects with better pay Worthie of perpetuall remembrance is that noble Prince King Henrie the seuenth Notable example of King Henrie the seuenth who in his singular wisdome and pollicie knowing how Princes are subiect to bee wronged by their officers in the disposing of their treasure by fraudulent and deceitfull accounts which either by ignorance or otherwise by conniuence do passe did himselfe with great facilitie take an inspection in all his Exchequer Accounts by an abstract of the said Accounts entred in a booke by some experienced and skilfull man in Accounts whereunto his highnesse did subscribe his royall signature before the Officers vpon good certificate made to the Lord Chauncellour could haue their Quietus est passe the great Seale of England And the faid King was pleased many times to enter into particular examination of some of the Accounts whereby he did strike a terror into the hearts of the officers so that they became more carefull and durst not commit any fraud or deceit by combination or tolleration but his treasure was duely administred and preserued This Signature of the Kings in the said booke is extant to be seene in his Maiesties Exchequer Prouidence of the French King Henrie the fourth Vrgent necessitie caused the late French King Henrie the fourth when he was King of Nauarre to be present in the disposing of his treasure in so much that afterwards in possessing the Diademe of all France and calling to remembrance his former obseruation by comparing things to their first principles he found that of euerie French crowne being sixtie soulz which his coffers should receiue there came not aboue the fourth part de claro vnto him Whereupon by rooting out of corruption deposing of needlesse officers profitable emptions of things necessarie and by wise disposing of them he brought è contrario three parts of euerie crowne vnto his coffers and did in progresse of time accumulate a verie great treasure and yet did he increase officers fees according to the alteration of time which by accidentall causes had made euerie thing deerer Factors Accounts Thus much obiter Now if a Merchant be also a Factor for others in the buying and selling of Commodities deliuering of Moneys at interest and by dealings in Exchanges and Râ—changes hauing factoridge allowed vnto him for the same according to the manner of Merchants some more and some lesse as they agree betweâ—ne them the difference in keeping other mens Accounts with whom they haue any correspondence is but small for if it be for goods or merchandises sold they will intitle the Account Goods of the Account of such a man do owe vnto Cash such a summe paied for Custome and Charges or if it be for goods bought he will do the like and discharge the Accounts by making the said Merchant Debitor or Creditor for it is as the said Accounts require which he doth also charge with factoridge or prouision for his sallarie and therfore all Factors keepe a particular Account to know what they haue gotten by factoridge or prouision at the yeares end and then they charge that Account with their charges and all such expences as they haue been at and the remainder is posted to Capitall as in the Account of Profit or Losse whereupon some others do bring their charges and expâ—nces and so carrie all the prouision to Capitall or Stocke Herein euerie man may vse his pleasure for this manner of Account affoordeth many distinctions all which seuerall branches or members of Account may be brought to make vp the the compleat Bodie for by the dismembring of an Account Dismembring of Accounts separating euerie thing in his proper nature you are inabled to find out many errours and intricatenes of Accounts by reducing the Bodie of it to his perfection In this place may be expected a declaration of the seuerall coynes or calculation of moneys wherein the Bookes of Merchants Accounts are kept beyond the Seas But because the same is founded vpon the seuerall exchanges betweene Countrey and Countreys I haue thought good to referre the same in the proper place of exchanges hereafter following and to conclude this Second Part of Lex Mercatoria with that notable question made by the Ciuilians A Question made by Ciuilians about Bookes of Account Whether a Merchant or a Banker keeping two Bookes of Account the one concerning the moneys of his Banke and the other touching trade of Merchandise for wares shall bee censured alike for such moneys as hee oweth vnto his Creditors So that the Creditors after his decease shall all stand in equall degree to be payed either in the whole or in part if the Bankers estate bee not sufficient for the payment thâ—rof Herein the Iudges of Merchants do make no difference but the Ciuilians haue made a great distinction therein and they say That the Booke of the Banke is more to bee credited than the other For saith Benuenuto Straccha the Booke of the Banke was kept publikely and the other as it were secret to himselfe so that the Creditors of the one are to bee distinguished from the other as being two negotiations and to bee dealt therein according to their seuerall natures and the meanes thereof extant with such considerations as may bee incident thereunto To declare my owne opinion I say That the Canon and Ciuile Law making no distinction in the payment of the Testators Debts betweene moneys owing for wares or for interest there ought not to be any difference in the nature of the debts in regard of the Bookes of Accounts * ⎠* The End of the Second Part. THE THIRD PART OF LEX MERCATORIA OR THE Ancient Law-Merchant concerning Exchanges for Moneys by Billes of Exchanges compared to the Spirit or Facultie of the Soule of TRAFFICKE and COMMERCE HAVING in the First and Second Part of this Booke intreated of the Bodie and Soule of Trafficke namely Commodities and Moneys Let vs now handle the predominant part of the course of Trafficke which is the Exchange for moneys by Bils of Exchanges for forrain parts compared to the Spirit or Facultie of the Soule For as moneys do infuse life to commodities by the meanes of Equalitie and Equitie preuenting aduantage betweene Buyers and Sellers so Exchange for moneys by Bills of Exchanges being seated euerie where corroborateth the Vitall Spirit of Trafficke directing and controlling by iust proportions the prices and values of commodities and money as shall be declared Many men cannot well discerne the distinction of the Spirit in sundrie matters because man consisting of Bodie and Soule that which belongeth to the Spirit is comprized vnder the name Soule but if they be willing to vnderstand the necessarie distinction heereof reason in the Theoricke Part will demonstrate the same in the Practike Part of this discourse of Exchanges Saint Paul in the later end of his second Epistle to the Thessalonians wished a sanctification to their spirits and soules 2. Thess. 5.23 and
an occasion to gather in his owne debts sooner In some places also they may not arrest vpon the Sabbath dayes and Holy-dayes to the end they should not bee depriued of Diuine Seruice towardes God and comfort of their soules The Officers or Serieants may not arrest any man vpon the Bursse or Royall Exchange although the partie to be arrested should yeeld thereunto and renounce the said priuiledge It is not many yeares since that a Merchant of Amsterdam being vpon the Exchange at Antuerp had notice giuen him that another Merchant had giuen order that vpon his going from the Exchange hee should bee arrested and that the Officer did attend him being neere at hand whereupon hee perceiuing the said Officer called him vnto him and said Hee would obey the arrest which for the first time is but an adiourning or citation the Officer did require a pledge of a peece of coyne in token thereof as the manner is which hee gaue him Afterwards this Merchant of Amsterdam being otherwise aduised by his friends did disclaime from that arrest because it was done vpon the Exchange and claimed the said priuiledge insomuch that the Magistrates and the learned Aduocates on both sides did thereupon assemble in the Towne-house as it were the Guild-hall and there the matter was debated and discussed at large according to the lawes And it was at last concluded and determined that the said Arrest was void in Law for the renunciation of a Priuiledge by any particular The renunciation of a priuiledge cannot abolish the priuiledge or many persons cannot derogate or abrogate any Custome or Priuiledge not only in the generall but also in the particular so that within twentie and foure houres after he might haue bin arrested againe but he was non inuentus and vpon this Arrest he was to find caution to answere the law The like is to be vnderstood for all priuiledged places as Churches Chappels Church-yards and other places of iurisdictions and diuers Cities and Towns do not permit any man to be arrested vpon forreine pleas for debts or contracts made in other townes places or countries which are as places of refuge for some Merchants as the towne of Middleborough in Zealand Townes of refuge and the towne of Dort in Holland and other cities and townes in other countries and most cities and towns where a Nation or a Societie of Merchants do agree to make their residence as the Companie of Merchants Aduenturers and others commonly the said cities and townes doe exempt them from all litigious suits which happen betweene themselues to be determined by their Gouernour or Court master so as only controuersies happening betweene them and strangers or inhabitants are subiect to the ordinarie course of the law for the determination of Merchants differences They will also free them from all debts owing by Kings Princes and States so that the subiects goods shall not be lyable thereunto to the end that trafficke be not interrupted The Officers or Serieants which make these arrests are knowne by their habite Officers knowne by their habits or by a rod to be seene in their hands and may not by stealth come vpon a man wherby many insolencies are preuented and Serieants are not subiect to be killed as many times they are with vs. And if they haue not their habits or colours no man is to assist them if they be abused and the rescuing of a man then is no offence and howsoeuer if a man Arrested or to be Arrested do run away euerie man giueth him way as desirous to helpe him to keepe him out of troubles accounting the Arresting of a man to be a part of the hangmans office and neuerthelesse their hangmen are seene to be alwaies in rich apparrell and are reputed as necessarie members in a common-wealth whereas in England it is verie contemptible and base Returning to speake againe of Attachments it is a matter of great consideration with vs not to admit any to be done either in London or any other citie or towne corporate Attachments to be granted vpon specialties according to the custome of London vnlesse it be vpon plaine specialties and also with putting in good sureties for the costs for it is a verie dangerous thing for Merchants dwelling beyond the seas as also Merchants which dwell in remote places of the kingdome hauing their Factors at London if they vpon any surmise or pretence of debt shall make secretly any Attachment in their owne hands of their masters goods either when they know their master to be dead or trauelling in some forreine countries vpon a long voiage as occasion may fall out and so by practise deceiue them of their estates by pleading afterwards the said Attachment or Iudgement had thereupon in bar as aforesaid CHAP. XII Of Sequestrations and Executions THe magistrates considering that abuses may be committed many waies by attachments do commonly vse Sequestration of goods by deliuering them into the hands of a third person or taking of them into their owne custodie or power for by these meanes also are many attachments preuented which men would do if the disposing of the goods or debts did come into their owne power wherein they haue a care not to feed the humour of contentious persons which is meerely contrarie to the course of trade which is the cause that in the execution of their sentences wherein the life of the law doth consist they do proceed gradatim Execution is the Life of the Law and if any such Sequestration is made vniustly or without cause the Ciuile Law as also the office of Priour and Consulls hereafter declared will giue good costs and dammages Considerable Executions In the proceeding of the said Magistrates there are many persuasiue meanes vsed by them in the behalfe of the debtour with the creditor to bring him to a composition if not then some Officers are sent to the parties house to keepe him as it were a prisoner to whom he must giue meat drinke lodging and a daily fee according to the Iudges appointment and as the matter may be of moment to the end that by this pecuniarie punishment he may cause him to pay or satisfie the creditor which is aggrauated by sending two Officers at the first then two more and so six or eight of them to eate him out of house and home for these men will gnaw him to the verie bones and are therefore called Clyuers or Deuourers But if the debtor will not endure this and do go wilfully to prison then the creditor must find the debtor maintenance at the discretion of the Iudge who may if he will presently put him to bread and water which is seldome or neuer done but when it is knowne that the partie hath meanes and will not satisfie his creditor who after the imprisonment of the person cannot come vpon the goods againe according to the common lawes of the realme then he is to be kept in Arcta custodia with
all remedie against his estate for euer The consideration hereof maketh the debtor to retaine in his hands what they can to maintaine themselues their wiues and children and to keepe them from perishing which maketh also against the crditors profit The bodie of euerie subiect belongeth to the king To the preiudice of the king and common-wealth and euerie subiect is a member or single part of the bodie of the common-wealth so that to take this bodie and to cast the same into prison for debt where he must lie rotting idlely and vnprofitably all the daies of his life and die miserably is no other than to strip and rob the king and common-wealth of their limbes and members and consequently of the seruices and endeauours of a great number of subiects yearely of all degrees and professions to do seruice to the king and common-wealth which number of prisoners exceedeth all the prisoners in all other countries It is therefore in christian Charity wished and in all Godly Policie desired That the bodies and endeauours of all debtors may be free from imprisonment and the creditors recouerie be made against the debtors lands and goods according to the ancient fundamentall Laws of this Kingdome being most consonant to the Law of God to christian Charitie to the rule of Iustice and to godly Policie as aforesaid And that Interim the releife of prisoners may be permitted which the late Queene Elizabeth granted for her and her Successors in the 28. yeare of her Raigne by a large Commission recorded in the high court of Chancerie the exemplification whereof was by all prisoners for debt humbly desired Many other reasons are alledged in the said remonstrance inuectiue against vsurie and vsurors which I haue omitted and hereunto let vs adde certaine obseruations in generall concerning executions The Law is said to be a mute Magistrate but the Magistrates are a liuing Law THe strength of the Law is in commanding and the strength of commanding is in the constraining or executing of the Law which belongeth vnto Iudges and Magistrates The consideration hereof did produce a diuersitie of opinions whether Iudges or Magistrates ought to be for a time or terme of life the often changing of them being according to the custome of the Romans who did instigate men to accuse those that had not discharged the place of their office duely Customs of the Romans about execuâ—ion of lawes whereby wickednesse was not onely punished but also euerie man through emulation did endeauor himselfe to follow vertue and to discharge the place of his calling Besides whereas vertue in all common-weales is the principall point whereat men aime and whereunto the Law doth bind them So the distribution of offices is a reward of vertue which cannot be done to many when they are giuen in perpetuity to some few which many times hath beene the cause of sedition by the inequall distributions of rewards and punishments in some Common-weales Inconueniences of yearely officers True it is that there are many inconueniences if the officers be but for one yeare or a short time to the hinderance of the publike good for they must leaue their place before they know the duty of it and commonly vnto one that is but a nouice in the place whereby the affaires of the Common-wealth fall into the Gouernement of such as are incapable thereof and without experience And if they be fit for the place their time is short that it doth vanish away in feasts and pleasures and matters either publike or priuate doe remaine vndecided and euerie thing protracted without due administration of justice besides how is it in common sence and reason possible that he should command with the effectuall power of a Magistrate that within a little while is as it were a cipher without power or authoritie what subiect will yeeld him due respect and reuerence whereas on the contrarie it his office be perpetuall and his estate assured he is resolued boldly to resist the wicked to defend the good Commodities had by Iudges permanent to reuenge the iniuries of the oppressed and euen to withstand tyrants who manie times haue beene astonished to see the constancie of the Iudges and Magistrates in the execution of justice according to the law and herein is the common law excellent because the Iudges and Magistrates are authorised accordingly for terme of life as the dignitie of the place requireth and are also chosen with great solemnitie in regard of their integritie knowledge and experience in the lawes whereof they are the ornaments whereas to call the yearely Iudges in question after their time expired is a derogation and dishonour to the lawes in other countries The Sherifes and many other Officers which put in euery countie the writs commandments Subalâ—erne Officers annuall and iudgements of the courts in execution are remoued euerie yeare and the same being expired they may be called to account to answere for any misdemeanors committed by them during their office by the ordinarie course of the law which maketh them vigilant and circumspect in the execution of their places which they supplie either personally or by deputies for whose offence they must answere This authoritie and seueritie of the Iudges therefore doth preuent manie mischiefes putting a feare in the hearts of the offendors of the law by the rigour thereof which in criminall cases is called by some crueltie But the mercifull Iudge is more to be blamed in these cases than the seuere because seueritie maketh men to be obedient vnto the lawes whereas too much lenitie causeth contempt both of Lawes and Magistrates Neuerthelesse as there is in all common-weales two principall points which the Magistrates are to consider namely Law and Equitie so the execution of law is to be considered by the Magistrate who sometimes being too seuere may do more hurt to the common-wealth than good seing the intention of those that made the law Lawes intention is the common good was to prouide for the good of the common-wealth Salus populi suprema lex esto This may be said especially in regard of the statute Lawes whereof we haue the example of Empson and Dudley fresh in memorie who being priuie Councellors to king Henrie 7 caused the penall lawes to be strictly executed against his subiects whereby the king gathered much treasure with the losse of the loue of his subiects which was much displeasing vnto him as the Chronicles of this realme haue recorded Because there is nothing so effectuall to cause the prince to be called a tyrant than this course of strict execution of lawes which hath an affinitie with the saying of Nicholas Machiauell sometimes Secretarie to the great Duke of Tuscanie touching the condition of men in generall It is miserable that we cannot do all things The saying of Machiauell More miserable to do that which we would do and most miserable to do that which we can do Informers neuerthelesse are necessarie members in
salt Francis the first made the same perpetuall as the domaines of the crowne and all men are compelled to buy it at the Magazins vpon paine of punishment This impost is letten to farme for two millions of crownes or six hundred thousand pound sterling yearely The right of the sea belongeth to the King and he may lay impositions thirtie leagues from the land into the sea if no other soueraign prince be not within that precinct There are eight courts of Parlement in France and eight chambers of account At Paris erected 1302 by Philip le Bell. At Paris Courts of parlements At Tholouze also and confirmed by Charles the 7. In Britaigne At Grenoble 1453 by Lewis the 11. At Dion Courts of accounts At Bourdeaux 1462 by Lewis the 11. At Monpellier At Aix 1501 by Lewis the 12. In Dolphine At Dion 1476 by Lewis the 11 for Burgondie In Prouence At Roan 1449 by Lewis the 12 for Normandie At Blois At Rheames 1553 by H. the 2 for Britainie At Roan Of the Salique Law of France IT is an vsuall receiued opinion that Pharamond was the author of this law others thinke it was so called of the Gaules that were called Salie amongst whom that law was established for the auncient Gaules termed all their lawes either Ripuarie or Salique and in the time of Charlemaine they were called Saliques Neuerthelesse it is thought to haue beene inuented of latter time as by Philip le Long to frustrate the daughters of Lewis Huttin or else to haue had the first strength from an vsuall custome of all Barbarians which was neuer to suffer the females to inherit the crowne and so being begun in the first and second line of the kings it hath continued in the third and by custome it is rather confirmed than to be proued to be a law at any time ordained hauing beene little account made thereof vntill the controuersies betweene Philip le Long and Endes duke of Burgondie who claimed it for his neece Iane daughter to Lewis Huttin and Philip de Valois with Edward king of England The booke of the Salique lawes is but a collection howbeit there is no example euer heard of that any woman gouerned Of the lawes of the higher and low Germanie concurring with the Ciuile Law and the Courts of Equitie in substance THe courts of Equitie beyond the seas after bill and answere replication and reioynder and sometimes duplication and at last conclusion with the examination of witnesses in serious manner The whole proceedings are deliuered to certaine Doctors or learned men which are as masters of the Chancerie or belonging to certaine Vniuersities to be abreuiated which is called ad rotulandum who doe cut off all superfluous things which vpon the matter are confessed on both sides To abreuiate long processe or are not materiall to the state of the cause to bring the differences betweene the parties to certaine points or heads wherupon the said parties with the aduice of the aduocates or learned counsell do dispute and debate the said differences to bring them as it were ripe and perfected before the Iudge For if the defendant will take couertly any exceptions against the Iudge of that iurisdiction he may haue the whole processe made vp in the name of A.B. and C.D. as it were complainant and defendant without naming either of the parties and the same to be sent vnder the towne seale vnto Doctors or other learned men of Vniuersities elected thereunto in other iurisdictions which do giue their sentence or iudgement thereupon and returne the same back againe vnder seale before the Iudge where the cause was depending who calling both parties before him demandeth of them whether he shal open the proces and whether they will stand to the iudgement therein contained and if the complainant descend thereunto then is the defendant thereby concluded seeing he had his choice and did in a maner appeale from the Iudge whereupon execution is presently had and matters are ended with expedition By the premisses we may obserue how other lawes are variable and subiect to alteration and that the Law-Merchant is constant and permanent in her customes which therefore are not to be infringed but seriously to be maintained by all the foure precedent meanes or some selected course of execution to be deuised concurring with the same For the better furtherance wherof and more exact explanation by contraries I haue for a Corrollarie of this worke added hereunto three Paradoxes alluding to the said three Essentiall parts of Trafficke which will illustrate the most materiall consideration to be had in the course of Trafficke and Trade CHAP. XVIII Three Paradoxes alluding to the three Essentiall parts of Trafficke HAuing heretofore published a Treatise intituled Englands view in the vnmasking of two Paradoxes which had beene presented vnto the French King Henrie the fourth as a matter of great consequence and considerable in the gouernement of common-weales and finding that the true vnderstanding of them with a third Paradox obserued by me did properly allude to the contents of this booke or the three Essentiall parts of Trafficke namely Commodities Money and Exchange for Money I did resolue to handle the substance of them for a Corrollarie of the same Paradox what it is the rather because Paradoxes are things contrarie to the vulgar opinion and will also make all the premisses more manifest and apparant by their conclusion The said two Paradoxes presented by Monsieur Malestroit one of the officers of the Finances or Treasurie in France were as followeth saying 1 That to complaine of the generall dearth of all things in France was without cause Commodities for there was nothing growne deere these three hundreth yeares 2 That there is much to be lost vpon a crowne Money and or any other money of gold and siluer albeit one do giue the same in payment at the price he did receiue the same The third Paradox which I haue added hereunto is 3 That the imaginarie moneys supposed in Exchanges for money Exchange made by Bills of Exchanges do ouerrule the course and propertie of Reall and Substantiall moneys in specie Monsieur Malestroit saith that since the ancient permutation hath beene changed in buying and selling and that the first riches of men which consisted of cattell was transferred to the gold and siluer whereby all things haue receiued their estimation Gold and Siluer are the Iudges of good cheape or dearth it followeth that those mettalls are the right judges of good cheape or dearth of all things Wee cannot say that any thing is deerer than it was three hundred yeares ago vnlesse that for the buying thereof wee must now giue more Gold and Siluer than wee did then But for the buying of all things wee doe not giue now more Gold or Siluer than wee did then therefore saieth he nothing is growne deerer in France since that time To proue this he doth alledge That during the raigne of
King Philip de Valois in the yere 1328 the French crown of the flowerdeluce as good in weight and finenesse as the French crowne of the Sunne now was then worth but twentie soulz tournois commonly accounted to be two shillings sterling In those daies saieth he the French elle or yard of Veluet was worth foure liuers which is foure crownes or eight shillings sterling the said elle of Veluet doth now cost ten liuers or twentie shillings and the French crowne which was then valued at two shillings is now valued at fiftie soulz or fiue shillings so that foure crownes do make the said twentie shillings yet the said French crownes doe not containe more gold in weight or finenesse than before and consequently the veluet is not now deerer than it was then The gentleman that hath now fiue hundreth liuers by the yere to spend hath no more than he that had one hundreth liuers to spend in those daies and in like manner he proceedeth for Corne Wine and other commodities and thereupon concluded That the dearth of all things is but imaginarie and a vaine opinion to conceiue that things should be deerer now than in those daies The second Paradox THere is much to be lost vpon a Crowne or any other money although the same be giuen in paiment at the price it was receiued This saieth Monsieur Malestroit is an old and common error rooted in the iudgement of most men that are far from the marke and without their reckoning as he will manifest in the former termes In the aforesaid time of King Philip de Valois the French crowne aforesaid was worth but twentie soulz which is now currant for fiftie soulz The gentleman that had fiftie soulz rent or income did receiue for it two crownes and ahalfe or so much in siluer accordingly for which two crownes and a halfe he had halfe a yard and halfe a quarter of veluet after the rate of foure liuers the yard which was the price of veluet then now for this fiftie soulz the gentleman doth receiue but one crowne or so much of siluer money and for that one crowne now he can buy but one quarter of a yard of veluet after the rate of ten liuers that veluet is now worth whereas before hee had halfe a yard and halfe a quarter although hee haue giuen the same in payment for fiftie Sols which is the price for which hee receiued the said Crowne and so proceedeth with other the like examples in the buying of commodities with siluer coyne or in the receiuing of rents or incomes adding further thereunto that if any man will obiect and say I care not what the crowne liuer or soulz is worth so as I hauing a hundreth liuers of rent paied mee and that I can pay out againe the said hundreth liuers This man saith hee must then make proofe that he can haue now as much ware for two soulz as he could haue had in times past for two soulz which were of fine siluer and now almost of copper and in doing so hee should make a third Paradox more strange than the former for hee should goe about to prooue euerie thing to bee become better cheape which cannot bee prooued The substance and intention of these two Paradoxes is saith hee to shew that the King and his subiects doe buy all things as deere as in times past for that they must giue as great a quantitie of gold and siluer as in times past but by the inhauncing of the price of the moneys of gold from whence of necessitie proceedeth the abating of the siluer moneys Inhauncing of gold abateth the siluer in regard of proportion betweene them the King doth not receiue in payment of his reuenues such a quantitie of gold and siluer as his predecessors In like manner Noblemen and Gentlemen that haue great reuenues and incombes doe not receiue such a quantitie of gold and siluer as in times past but are payed as the King is in copper in liew of gold and siluer For which copper according to the second Paradox they cannot haue so much wares as they might haue for the like quantitie of gold and siluer so that the losse which wee haue by the growing deere of all things commeth not by giuing more but by receiuing lesse quantitie of gold and siluer than before whereby wee see manifestly that the more wee doe inhaunce the price of money the more we lose Monsieur Bodine the famous and learned Politician The great French Politician tooke vpon him to make an answere vnto those two Paradoxes being of another opinion and setteth downe other causes of the dearth of things which are fiue in number namely 1 The principall and almost onely cause The aboundance of gold and siluer now extant in the Kingdome more than in times past 2 The Monopolies 3 The Want of things causeth by excessiue Trade and wast thereof 4 The Pleasure of Princes that aduance the price of things 5 The alteration of the Valuation of Moneys To proue the first case and principall he alleageth diuers examples Plutarch and Plinie doe witnesse Examples of great wealth that Paulus Aemilius after the conquest of Macedon against the Persians did bring such aboundance of gold and siluer to Rome that the people were freed of all Imposts and the price of lands aduanced vnto two third parts suddenly The Emperour Augustus brought such great treasure from Egypt that the price of vsurie did decrease and lands became much dearer and the like at Ierusalem by the comming of the Queene of Candace and in the West Indies by the Spaniards conquest there and heereunto hee maketh a comparison of the want of moneys in times past The French King Iohn in England c. for the paiment of the ransome of Princes taken prisoners in those dayes and the meanes of the increase of wealth by the discouerie of the West Indies the propagation of the people in France their trade for Turkie and Barbarie their Banke at Lyons and other accidents Concerning the second cause of Monopolies hee doth passe ouer the same as a matter not considerable and doth limit Monopolies onely to the combination of Merchants and Artificers in the setting of a price to commodities or their handie worke by augmenting their wages Touching the third cause of the dearth of things by the want or waste of them hee obserueth some especiall things that corne and wine are better cheape during the time of warre than peace because the Husbandman is driuen to sell and to make money of his wares and the Gentleman finding the same perishable when the Merchant dare not lade his ships doth abate the price of commodities and maketh the people to liue good cheape which according to the Prouerbe France can neuer be famished would alwaies continue The Fertilitie of France if by the meanes of the stranger their storehouses were not emptied Concerning the fourth cause of the pleasure of Princes imposing a price vpon commodities
which they doe affect Plato saith That it is a generall rule in State matters That Princes doe not only giue Lawes vnto their subiects but also by their example they do change the manners of men The example of Princes doth change the manners of men to which purpose hee doth vse the example of their King Francis the first who being hurt in the head caused his haire to bee cut off wherein the people did presently imitate him We haue seen saith he three great Princes striuing as it were who should haue the most learned men and best artificers namely the said great King Francis the first Henrie the 8 King of England and Pope Paul the third insomuch that the King of England could neuer haue the learned and reuerend Beda and the French King did pay seuentie two thousand Crownes for a Diamond rather than King Henrie should haue had it Hereupon presently the people did giue themselues to studie and to buy precious stones when the Nobilitie did imitate the King and when the King gaue ouer the same the price of them was much abated If any man should here obiect saith Monsieur Bodin that if things should still become deerer partly through the waste and partly for the aboundance of gold and siluer no man should be able to liue because of the dearth of things It is true but the warres and calamities happening to a Common-wealth doe stay the course of it as wee may note that the Romanes haue liued with scarsitie and to speake properly in want and miserie almost fiue hundreth yeares when they had but copper moneys of a pound weight Copper moneys of one pound weight and without stampe for their gold and siluer came vnto them in one hundreth and twentie yeares by the spoile of all the world which was brought to Rome by the Scipions Paul Emilyus Marius Sylla Lucullus Pompey and Caesar especially by the two last for Pompey did conquer so much land Great wealth of the Romanes as made the reuenue of the Empire to bee eight millions and a halfe of Crownes Caesar notwithstanding all his prodigalities brought to the treasurie fortie millions of Crownes hauing giuen at one time vnto Paul Consull 900 thousand Crownes to hold silence and vnto Curion Tribune 1500 thousand Crownes to take his part Marke Anthonie went further as Plutarch and Appian haue written for he gaue vnto his armie for their seruice done 200 thousand Talents being 120 millions of Crownes so did Adrian the Emperour to haue the good will of fortie Legions giue ten millions whereby appeareth great aboundance of gold and siluer to haue been at Rome but it did not last euer for in lesse than three hundreth years the Parths Goths Hercules Hongres and other cruell Nations did ouercome the Empire and all Italy and ouercame the Romanes burned their Citie and tooke the spoile of them The like doth happen vnto all Common-weales to waxe and increase by little and little and to flourish for a time in wealth and power The propertie of Common-weales and afterwards to grow old and decline vntill they bee vtterly ruinated and destroyed Touching the last cause of the dearth of things by the alteration of money hee sheweth how Monsieur Malestroit hath mistaken the matter in the monies themselues made within three hundreth yeares For whereas he saith That Saint Lewis caused the first sols to be coyned worth twelue deniers whereof sixtie foure peeces went to the marke weight of eight ounces and that in Philip de Valois his time the Crowne of the Flower de Luce without number and as good as the Crownes now was valued but at twentie sols and that afterwardes King Iohn caused the Frankes to be made of sine gold which were but valued twentie sols and that the sols of siluer was worth fiue of our sols he doth not say of what weight and finenesse the moneys were in those dayes and in conclusion hee saith That the price of things is not altered by the Valuation of moneys But if Monsieur Bodine according to his wisedome and deepe iudgement in other matters had duely considered of these two Paradoxes hee would haue made a direct answere thereunto before he would haue proceeded in his former discourse The first Paradox being considered with the second will shew a manifest contradiction or contrarietie The contratierie of the Paradoxes for the first doth consist in giuing of more gold and siluer for commodities now than in times past which hee denieth and the second in receiuing lesse commodities for the gold and siluer now than in times past which hee affirmeth which both wayes is to bee taken in nature of commutation Now if wee doe not giue more quantitie of gold and siluer for commodities than in times past how can we receiue lesse commodities for the gold and siluer and thereby receiue a losse as in the second Paradox is alleaged Againe if we doe receiue lesse quantitie of commodities for gold and siluer than in times past according to the second Paradox whereby we sustaine a losse how can the first Paradox bee true That nothing is growne deere for that wee giue no more quantitie of gold and siluer than in times past commodities and moneys lying by this comparison in an equall ballance But let vs admit that Monsieur Malestroit had an intention which hee might haue expressed in few words if hee had the true ground and vnderstood the matter hee went about by proouing onely that when moneys doe alter in weight or in finenesse or in valuation Causes of the denomination of moneys c. or in all three the price of things doth alter onely by denomination if the valuation bee made accordingly yet Monsieur Bodine had not made a good interpretation of the said Paradoxes and mistooke the true ground of the matter in question touching the prices of commodities which hee compared within themselues in the Realme of France whereas the comparison ought to bee of the inhauncing of the price of the commodities of one countrey with the price of the commodities of other countreys and thereby find out whether things are growne deere with vs or with them in effect So that they both mistaking their grounds we haue shewed in the said Treatise That they hauing lost Ariadne her line wherewith they entred into the laborinth of moneys and their properties before declared are like vnto a man who hauing lost his way amongst the woods the further hee goeth the more hee erreth from the right way To intreate therefore of commodities and money in the course of trafficke betweene Kingdomes and Common-weales is not sufficient but the exchange of moneys being the publike measure betweene them must bee regarded as the principall and ouerruling part thereof For if a man should frame a silogisme in manner following he shall find the same full of fallacies and misprision nay a verie Dilemma Nothing causeth Merchants to export more money out of the Realme than they bring
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