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

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vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull ●easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
found prettie store of Pearles and the climate being colder maketh the colour of them to be dimme albeit I haue seene some very faire and pendants also The small Pearle is also very wholesome in medicinable Potions Of the Commodities of Great Brittaine England THe Commodities of Great Brittaine containing the Kingdomes of England and Scotland and the dominion of Wales are rich and Staple wares and very aboundant with a continuall increase namely Woollen Clothes of all sorts broad and narrow long and short called and knowne by the names of seuerall Shires being 250 thousand Clothes made yearely besides the new Draperies of Perpetuanaes and the like commodities Tinne wrought and vnwrought aboue twelue hundreth thousand pounds yearely Lead transported and vsed aboue eight thousand Fodders euerie yeare Allomes made in aboundance aboue seuen hundreth Tunnes yearely Copperas made according to the quantitie vsed some 250 Tunnes yearely Yron of all sorts setting 800 Furnaces on worke Yron Ordnance or cast Pieces according to occasion made Wools and Woolfels and Calfe skinnes in great quantitie and Conie skins Stockins of all sorts of Silke Wooll and Yarnsey Yearne and Woolls Buffins Mocadoes Grograines Sattins Calamancos Veluets Worsteds Sarges Fustians Durance Tukes and all other Norwich wares and Stuffes Saffron the best that can be found in any countrey Glasse and Glasses of all sorts Venice gold Sea-coale and Salt Scotland Scots-coale Wheat Barley and all kind of graines in both Kingdomes Linnen Cloth and all Ironmongers wares Hides Tallow Leather drest and vndrest Trayne Oyle Salmons Pilchards Herrings Hake Conger Red-Herring Hops Woad Butter Cheese Beere Salt-peter and Gun-powder Honny and Wax Alablaster and many other Stones The Commodities of the Kingdome of Ireland are Ireland VVOolles Felles Yarne Furres Flax Linnen Cloth Hides Tallow Hempe Honny Wax Herring Cods Hake-fish Salmonds Eeles Ruggs Mantles Irish Cloth Pipestaues Yron and Lead Wheat and all kind of graine Salt-beefe Butter and Cheese and many Manufactures The Commodities of the Kingdome of France are WInes Prunes Canuas Linnen cloth Salt Veluets Raw silke France and diuers stuffes of Silke Buckrames Boxes with Combes Paper playing Cards Glasse Graine to dye Rozen Wheat and all kind of Graine corne The Commodities of Spaine and Portugall are WOols Madera Sugar Almonds Wines Oyles Anny-seeds Spaine and Portugall Anchoues Bay-berries Bariglia Figs Raisons Traine-oyle Yron Oranges Leamons Sumacke Saffron Soape Coriander Cork Licoras Woad and the commodities of the West Indies Sugar of Brazill Fernandebucke Wood Tabacco and other commodities The Commodities of Italy and certaine Ilands VEnice Gold Veluets Sattines Cipres Silkes Italy Cloth of Gold and Siluer Cottones Fustians Wines Currans Cloues Rashes Rice Sarcenets Raw Silke Allomes and Vitrioll Glasses and other Manufactures The Commodities of Germany and places adioyning WOolles Argall Steele Latine Copper Yron̄ Germany and all kind of Manufacture made of them Copperas Allomes Lead Fustians Paper Linnen cloth Quick-siluer Bell-mettall Tinne Renish Wines and Mather The Commodities of East-land and thereabouts AShes Bowstaues Cables Canuas Buffe-hides Flaxe Hempe Eastland Honny Wax Stock-fish Spruce Yron Match Wheat Rye Meale Woolles Waynscott Pitch and Tarre and Linnen cloth Cordage and Ropes The Commodities of Denmarke and Norway and Sweaden WHeat Rye Woolles Deales Clap-boord Pipe-staues Denmarke Norway Sweaden Masts Waynscot Copper Timber Fish and Furres Allomes in some places The Commodities of Russia Russia TAllow Hides Caueare aboundance of rich Furres Blacke Fox Martins Sables and the like Honny Wax Cables Ropes and Cordage The Commodities of Barbary Barbary GOat skinnes Almonds Dates Aneale Gumme Feathers Salt-peter Gold plentifully and from Guynea Hides Oliphant teeth and Graine The Commodities of the Low Countries Low Countries TApestrie Battery worke Steele Cambrickes Lawnes Hoppes Mather Butter Cheese Grograines Bozatoes Chamblets Mocadoes Brushes Tape Linnen cloth Pots Bottles Wheat Rye Salt Chimney backes Blades Horses Soape Fish Herrings Cods Ling and many things as Diaper Smalt Hoopes of Yron The Commodities of the West Indies FRom the Low Countrie beginning the West India Trade let vs set downe the commodities of it seeing that the States of the vnited Prouinces haue made lately a Societie of Merchants bearing date the ninth of Iune 1621 wherein other Nations may be aduenrors as by their letters Pattents appeareth prohibiting all other their subiects or inhabitants that they shall not trade from the said countries nor out or from any other kingdome and countrie whatsoeuer Letters Pattents for the West India Trade by the States c. vnto the coasts and countries of Africa from Tropicus Cancri along to the cape of Bona Speranza neither in the countries of America from the South end of Magellanes le Mary and other straits to the straits of Anian on euery side Noua Guinea included vpon forfeiture of the ships and goods and all their possessions within their iurisdiction and command and arrests of their persons vnlesse they be of the said Company made and established for the West India Trade Gold and Siluer Cucheneale Sugars rich Indico Donnigo Ginger Pearles Emeraulds Hydes Campeche or Logwood Salsaparilla Tabacco Canafistula Cocos-wood Lignum vitae Cottonwooll Salt and some other druggs for Physicke or dying of Stuffes And this may suffice for a declaration of the principall commodities of most countries CHAP. VIII Of Commutation or Bartring of Commodities WE haue compared Commodities vnto the bodie of trafficke which did vphold the world by commutation and Bartring of Commodites before money was deuised to be coined whereof we are now to intreate For commutation barter or trucke of Commodities was first effected in specie by deliuering one Commoditie for another according to the commodious and behoofull vse of man so that one did deliuer so many measures of Corne for so many measures of Salt as was agreed vpon another so many pound of Wooll against so many pound of Pepper Sugar or other commodities an other so many peeces of such a commodity for such a commodity or so many Hides for one barre of Yron or so many peeces of Siluer vncoyned but weighed and exchanged as yet is vsed in some places of America Barbarie and Guynea and other countries This may be properly called an exchange of commodities or rather a permutation of commodities albeit the Ciuilians when there is scarcitie of Gold and Siluer in a countrie and when the commodities in value surmount the money paied for them they do call that a permutation and denie the same to be an emption by their distinctions how soeuer this manner of commutation or barter was made by number weight and measure of commodities in kind but moneys being inuented and valued by the publicke authoritie of princes according to their seuerall stampes or coyne and by common consent made Publicae Mensura or the publicke measure to set a price vpon euerie thing This commutation barter or exchange of commodities for commodities was and is since that time made
neuerthelesse to accommodate and for remarkeable reasons Wee haue condescended and tollerate that the following species of Gold onely and none other shall bee issued and receiued for the prices hereafter vntill the last of September now next ensuing 42 Prouided alwayes That all sentences pronounced before the date of these presents for the payment of any moneys according to the permission of that time shall remaine and be maintained and satisfied according to the tenor thereof without that by the said valuation or following tolleration any thing to the contrarie shall be innouated or abolished 43 Also during the said tolleration no coynes to bee payed for lands or heritages or rents vpon Bills or paiments vpon Obligations vntill Ianuarie last shall bee drawne against the will of the partie to the said prices of tolleration but are to be performed according to this present valuation 44 Likewise the said Bankes of Exchanges shall haue no power to take in payment the said coynes at higher prices nor to issue the same otherwise than the said finall valuation and not according to the following tolleration which as vnnecessarie are here omitted the time being expired Obseruations concerning the said Proclamation and Ordinance THat the manner of popular gouernments in their Proclamations Placcarts Edicts and Ordinances doth much differ from the Proclamations which are made in Monarchies where Magistrates and Iudges are of greater reputation and dignitie according to their royall Parlements That in the yeare 1594 all mints stood still for one whole yeare to preuent the inhauncing of coyne betweene man and man and the said States did declare that it was not in their power to reforme the same so long as the seuenteen Netherlands were diuided euery one claiming as absolute authority as the other as members of one bodie And that now they haue deuised a course to make their Proclamations effectuall within the vnited Prouinces to their great benefit if we will consider the nature of the former valuation of coynes made by Princes and Merchants with their seuerall branches which by policie are made inconstant And Germanie Fraunce and other countries haue not as yet taken any course in their moneys answerable thereunto That the Lyon Doller and the great golden Royal of the said vnited Prouinces are valued and made the standard peeces of all the gold and siluer coynes made currant by this Proclamation And that all other coynes of what Kingdomes or States soeuer are made bullion and not to be currant within the said Prouinces That siluer coynes shall be weighed as well as the gold whereby a more certaintie may be made in the calculation of the Par for exchanges the rather for that their species are far lesse in number and the proportion betweene gold and siluer can be better descerned yet without the rule of exchanges by bills stil great aduantages may be taken by one nation against another That the scope of this Proclamation is to set their Mints on worke by abolishing all the seuerall coynes of gold and siluer of all kingdomes not valued or made currant thereby The coyning of moneys is a marke of soueraign●tie so that the melting of money is a great matter of state which may be seene by the former declarations of their weight and finesse in so much that whereas in the yere 1586 when the Earle of Leycester went ouer to take the gouernments of those countries by the direction of the late Queene Elizabeth of blessed memorie the Lyon Doller made now to be the standard peece was valued at thirtie six stiuers and the English shilling which is now required to be deliuered by weight was valued at ten stiuers Decreed foure vpon the hundred And now the said Lyon Doller albeit decreed after the former inhancement is still valued at fortie stiuers which is one ninth part increased according to which the English shilling ought to be increased also 1 9 part which for 10 stiuers would be 11 stiuers and 1 9 part whereas the same is inhanced but to ten stiuers one halfe and no more The difference in exchange according to the valuation being in the one after the rate of 35 of their shillings for our 20 shillings and in the other aboue 37 shillings in the maine standard coyne and much more in the smaller coynes whereof more hereafter concerning Exchanges The like consideration is to be had for the valuation of moneys of other countries whereby authoritie will rule their owne and not according to the rule of other Nations but by equalitie and equitie which no N●tion can controll or contradict Wherein consider we likewise the standard peeces of the late Arch-Duke Albertus of Austria for the vnited Prouinces declared by their Proclamation in the yeare 1611 and we shall find the like ground and foundation to their aduantage albeit they seeme to find fault with the disorderly course of moneys which is one of the greatest policies in State affaires The said Arch-Duke made as now the States haue done his owne coynes of Gold and Siluer for standard peeces Moderne and ancient standards o● gold and siluer namely the double Ducat of 23 carrats 3 ½ graines of Gold at seuen Guilders and eighteene Stiuers and the peeces of three Royalls at fifteene Stiuers of tenne ounces and eighteene graines fine by their calculation in the pound weight Troy And by these meanes there is a new foundation laid downe for moneys in the said seuenteene Low Prouinces where heretofore they alwayes had the Phillip Doller of tenne ounces fine and the Emperors Royall of gold of 23 carrats 3 ½ graines fine for their standard peeces Qui vadit plane vadit sane taketh not alwaies place Lastly that the Mints of certaine Lords are called Hedge Mints which are not vnder their commaund Hedge Mints as Batenborg Heall Bargen Vianen Gronswelt Rechein Geuarden Stenwart and others may follow their own course in the coyning of moneys and by the means of commerce alter all these ordinances For in the said yere of 1586 all the said forfeitures and penalties were far greater and the melting downe of Queene Elizabeth her coyne was prohibited vpon paine of death and goods yet all was neglected and came into disorder by the commaund of Gaine which being taken away by a true course of exchange is the only remedie to make the effects to cease and all other meanes are fallacies and to be abused c. * dtridot CHAP. X. Of the Lawes and Prohibitions against Vsurie MAny are the authors which haue written against Vsurie in all ages euerie man according to his profession most especially the Diuines who haue the word of God for their warrant wherein also the auncient Fathers haue been verie strict to construe the same accordingly Definition of Vsurie making any thing taken aboue the principall to be Vsurie because the verie word of Vsurie in the Hebrew tongue is called a Biting of this word Neshech which is nothing else but a kind of biting as
North Starre Some Merchants are so farre wide from the knowledge of the value of coynes and the Exchanges made thereupon that they are of opinion That there can be no certaine Rate or Par of Exchange set to answere iustly the value of the coynes of forraine parts by reason of the diuersitie and disproportion of the coynes of Gold and Siluer and their intrinsicall and extrinsicall values But these Merchants are to vnderstand that the moneys of all Countreys haue a proportionable valuation relatiue within themselues according to their seuerall standards for weight and finenesse onely the smaller and baser coyne haue some little knowne aduantage which may bee considered of in Exchange Proportionable valuation of moneyes for Exchanges to be made accordingly if there bee cause that the quantitie of those moneys doe exceed the bigger and finer coyne This consideration hath beene had heretofore and especially in the Par agreed vpon between the Low-countreys and this Realme in the yeare 1575 when vpon the Philip Doller the Exchange was at twentie fiue shillings the Par and the small moneys would exceed twentie seuen shillings and vpwards but the quantitie did not surmount the better coyne The like was vpon the Par agreed vpon with the States of the vnited Prouinces Anno 1586 at thirtie three shillings foure pence and with Hamborough and Stoade to twentie foure shillings nine pence Lubish vpon the Rickes Doller of thirtie three shillings or nine markes foure shillings for our pound sterling of twentie shillings making foure Dollers and one halfe to answere the said Par which Doller is inhanced since to fiftie foure shillings and were receiue now but foure Dollers for the same and so for other places accordingly CHAP. III. Of the Denomination of the Imaginarie Moneys of all Places whereupon Exchanges are made by Bills THE Denomination of moneys which wee call Imaginarie is because there is not any peculiar or proper money to be found in Specie wherevpon the Exchanges are grounded as it was in times past in many places where some moneys were the cause to ground the price of Exchange vpon as our Angell Noble being coyned for sixe shillings and eight pence sterling whereupon Exchanges haue beene made as now is done vpon twentie shillings and so might the new peeces of our Soueraigne King Iames Laureat be taken But it is more proper to make Exchanges vpon the siluer coynes for the price of commodities is most ruled thereby in all places which by the quantitie is fiue hundreth to one Hence did proceed the cause that when our Gold in the yeare 1611 The price of Gold not so effectuall as the price of Siluer was aduanced ten in the hundreth aboue the Siluer the prices of commodities did not rise albeit forraine Nations did cause the price of Exchange to fall But if Siluer were inhanced presently the price of commodities would follow as the rule thereof and the price of Exchange would fall more for Exchange will ouerrule both In like manner do we call the moneys of other Countreys wherevpon Exchanges are made to be Imaginarie as the Dollers in Germanie the Crownes in France the Ducats in Italy and other places which by the great diuersitie you may vnderstand as followeth together with The Calculations of Merchants Accounts whereupon their Bookes of Account are kept according to their Imaginarie Moneys Pound Flemish IN Flanders Brabant and most places of the Low-countreys they keepe their Bookes of Account and Reckonings by twentie shillings Flemish euerie shilling twelue deniers or pence which shilling is six styuers In Artois Henalt Pound Tournois and other places by pounds tournois of twentie stiuers or fortie pence Flemish whereof six called guildren or florins make the pound Flemish in all the seuenteene prouinces of the Netherlands Some do reckon by pounds Parasis which are but twentie pence Pound Parasis whereof twelue make the pound Flemish but their accounts as also the reckonings of their Prince or Finances are kept by pounds Tournois which pound they diuide into twentie shillings euery shilling into twelue pence and the like is done by the pound Parasis and these haue also their subdiuisions of Obulus Maille Heller Hallinck Corte Mites Point engeuin Poot and such like copper moneys too tedious to rehearse In Germanie in the yeare 1520 Gold guilder was the gold guilder coyned for a generall coyne and valued in Holland for twentie eight stiuers which is now in specie at double the price neuerthelesse they do continue to buy and sel all that great quantitie of corne which is brought from the East countries Poland and other places by the said gold guilder of twentie eight stiuers Their doller was coyned at sixtie fiue Creutzers since risen to seuentie two Creutzers Creutzers yet their Exchange is made vpon the doller of sixtie fiue Creutzers which is imaginarie At Augusta the Exchange is made vpon the said doller of sixtie fiue Creutzers at three weeks or foureteene daies sight after the bill presented At Frankford they reckon by the guilder of sixtie Creutzers Florins of 60 Creutzers called in Latine Crucigeri being peeces with a Crosse they are Florins and their Exchange is made vpon the doller of sixtie fiue Creutzers payable in the two yearely Faires or Marts the one the weeke before Easter and the other in the beginning of September to continue for all the moneth At Norenborough their Exchang● 〈◊〉 made vpon the said doller of sixtie fiue Creutzers and many times vpon the Florin of sixtie Creutzers which they also diuide into twentie shillings and euerie shilling twelue pence to keepe their accounts by For Bohemia Bohemicos Exchanges are made vpon the doller of twentie and foure Bohemicos At Vienna they reckon by guilders or florins of eight shillings of thirtie pence to the shilling two Heller to the penie and Exchange is made thereupon At Bauiera by guilders of seuen shillings of thirtie pence Diuers guilders for Exchanges and Accounts In Hungarie by guilders of ten shillings of thirtie pence and by florins of twentie shillings and twelue pence to the shilling and Exchanges are made vpon their ducat At Breslo and Leypsich they reckon by markes of thirtie and two grosses of twelue heller to the grosse Markes of 32 grosses and they Exchange by thirtie florins Breslowes to haue at Vienna thirtie and foure florins or at Norenborough thirtie and two florins Pounds of 20 shillings 12 hellers c. At Vlme they reckon by pounds of twentie shillings and twelue heller to the shilling and their Exchange is is made vpon the doller of sixtie creutzers At Colloigne by dollers of seuentie two creutzers for Accounts and Exchanges Pound sterling At Embden they reckon by guilders and Exchange vpon the rickx doller but from London thither and hither vpon the pound sterling of twentie shillings Markes of 16 shillings At Hamborough they account by markes of sixteene shillings
rate according to which calculation the said Royall of eight is by vs receiued at fiue shillings and two pence which is but foure shillings 2 ½ pence or thereabouts The difference is fifteene vpon the hundreth in lesse than two moneths time adde hereunto the ten in the hundreth to be had by the said Royalls of eight that the same are better in weight and finenesse than our six pence sterling which is taken to answere the said Royall by a common calculation by reason whereof there will be giuen so much in his maiesties mint or thereabouts that is to say foure shillings and fiue pence or at the least foure shillings and foure pence ½ after the rate of fiue shillings sterling for an ounce of that standard so together is twentie fiue vpon the hundreth benefit A treatise of Free trade 1622. which caused a Merchant aduenturer to set downe in print an interrogation in this manner Who will procure licence in Spaine to bring Realls into England to sell them here at tenne in the hundreth gaine which is lesse than the Exchange from thence will yeeld when he may haue for the same 25 in the 100 in Holland A matter whereby Merchants are easily induced to diuert the said Royalls from the realme to those and other countries and by the common vnderstanding to remedie the same it is thought there is no meanes to meete with forreine nations in the inhancing of moneys but wee must doe the like albeit experience hath shewed long since that this is not effectuall nor any true remedie Now if we will consider things according to the rule aforesaid it will plainely appeare that the said fifteene vpon the hundred gaine more than in England are but imaginarie if the Exchange for moneys were reformed for let fiue of these Royalls of eight bee bought in England for twentie two shillings and be transported into Holland and there buy commodities with the same which is according as the price of them is inhanced for as the money riseth in price so doth the price of commodities it may fall out the said Merchants should become losers by the commodities so that the same cannot be termed Causa mouens But the Spanish Merchants which cause their Royalls to be sent into Holland or Zealand from Spaine or from the Downes relye wholly vpon the Low-Exchange whereby they are inabled to deliuer there their money by Exchange at an vndervalue at thirtie three shillings foure pence Flemish and vnder for our twentie shillings sterling whereby the Kingdome maketh good vnto them the said fifteen vpon the hundreth consisting betweene the price of fortie two stiuers and fiftie one stiuers which is almost eighteene pro hundreth If the Royall went but for fiftie stiuers according to the valuation so that if the Exchange were made accordingly which would be aboue thirtie seuen shillings six pence this gaine would not be at all and moneys would be imported vnto vs and not exported For the rule is infallable A Maxime in Exchanges That when the Exchange answereth the true value of moneys according to their intrinsicke weight and finenesse and their extrinsicke valuation they are neuer exported because the said gaine is answered by Exchange which is the cause of transportation To make this euident in the Rickx Doller which is the maine and most vsuall coyne in Germanie Eastland the Vnited and Reconciled Low-countreys before their late Proclamations and currant in many other Countreys obserue wee that the said Doller was valued at two markes Lubish A shilling Lubish and a stiuer Flemish was all one 1575. euery marke being sixteene shillings Lubish or sixteene stiuers For in the yeare 1575 the said Rickx Doller was still coyned in the Empire for thirtie two shillings or stiuers and so currant by valuation in the Low-countreys whereby they were all one in denomination and effect But the wars in the Low-countreys hath beene the cause of the inhancing of this Doller which was brought to thirtie fiue stiuers and in the yeare 1586 to fortie fiue stiuers or to fiftie two stiuers now by intermissiue valuations and times Howbeit at Hamborough Stoade and other places in Germanie the said Doller did remaine still at thirtie two shillings Lubish or two markes and as the said Doller did inhance in price so did they in the Low-countreys coyne new stiuers accordingly sometimes lighter in weight A great Fallacie and at other times imbased by Copper or Allay and yet in account the stiuer did and doth remaine the ground of all their moneys but the said Doller holdeth his standard agreeable to the first Doller called the Burgundian Doller with Saint Andrewes Crosse coyned in the yeare 1567 which is in finenesse ten ounces twelue pennie weight of fine Siluer and foure and one halfe of these Dollers were made equiuolent to our twentie shillings sterling as a publike measure betweene vs and the Low-countreys Germanie and other places where this Doller went currant as you may obserue in the precedent Chapters These Dollers haue since beene imitated and made by the States of the Vnited Prouinces in their seuerall Mints altering onely the Armes of the seuerall Prouinces as also by the Arch-Duke Albertus in the reconciled Low Prouinces and the price of them at Hamborough Stoad and other places was but aduanced to one stiuer or shilling Lubish more that is to say at thirtie three shillings Lubish went the same went in the Low-countreys for fortie fiue stiuers which made the diuersitie of the said Par of Exchanges of thirtie three shillings foure pence for the Low-countreys and twentie foure shillings nine pence for Hamborough In the Netherlands being all one in substance This Doller is since that time as I said inhaunced to fiftie two stiuers in the Low-countreys which maketh the price of Exchange aboue thirtie eight shillings or rather thirtie nine shillings and shall the Kingdome suffer this and not alter our price of Exchange accordingly but be contented to take thirtie foure or thirtie fiue shillings and after that rate vndersell all the commodities of the Realme In Germanie This Doller is likewise since that time more inhaunced in Germanie from time to time And leauing the excessiue valuation in remote places let vs note the valuation of Hamborough where it hath beene at fiftie foure stiuers the Doller which maketh the Exchange aboue fortie shillings of their money for our twentie shillings And although we haue raised our price of Exchange from twentie shillings nine pence to thirtie fiue shillings and thereabouts shall we rest here and goe no further Haue we reason to doe it in part and not in the whole according to Iustice Equitie and true Policie and shall we be like a man that by halting in jeast became lame in earnest Absic ignorantia The moneys in Christendome which haue their ebbing and flowing doe shew their operation vpon commodities The course of money and Exchange are contraties in operation maketh by
and equalitie of moneys domesticall and forraine A most easie remedie a● 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 b● 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 a●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
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 adiac●●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 comm●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
as for the erecting of Schooles and Vniuersities maintenance of the poore and of widowes and orphanes repairation of Churches and high-wayes and ditches for the plantation of Collonyes of people in other Countries and building of Townes and Castles for their maintenance as also to erect Pawne-houses to supply the necessitie of the mechanicall poore suppressing intollerable vsurie whereof we shall intreate in the second Part of this Booke concerning monyes The Etimologie of the word Lotarie is deriued from the word Lot And albeit all Lotaries are things casuall in respect of man to whom the Lot falleth yet in regard of the prouidence of God they are certaine in effect by the said Diuine disposing of the Lot Insomuch that howsoeuer the words Fortune Chaunce Fate Destinie and Casualtie are borrowed from the Heathens it cannot bee denied but that respecting the effects and operations of God towards man they are proper distinctions of Gods Diuine Prouidence And hence ariseth the Prouerbe Nemo sua sorte contentus viuit * ⁎ * CHAP. XLII Of Associations Monopolies Engrossings and Forestallings ASsociations are twofold the one is done by publike authoritie of Princes or States vpon Graunts made by Letters Patents which are properly called Societies as the Companie of Merchant Aduenturers Societie of the Merchants Aduenturers which are of 400 yeares standing or thereabouts reckoning from the yeare 1248 when the said Merchants obtained priuiledges of Iohn Duke of Brabant and were called the Brotherhood of Saint Thomas Becket of Canturburie which were confirmed by King Edward the third Henry the fourth Henrie the fifth Edward the fourth Henrie the sixth Richard the third and King Henrie the seuenth who gaue them the name of Merchants Aduenturers after him also confirmed by King Henrie the eight Edward the sixth Queene Marie Queene Elizabeth and lastly by our Soueraigne Lord King Iames not without many enemies and oppositions and most especially of late taxing them to be Monopolizers and vnprofitable to the common-wealth being that all our Clothes were not dressed and dyed in England Whereupon their Patent was for a time suspended but afterwardes confirmed again vnto them by his Maiesties ample Proclamation As this Societie is of ancient estimation so is their gouernement verie commendable and preserueth the amitie and entercourse betweene the Realme and other neighbour Princes and States venting the best commodities of the Kingdome yet so that euerie man selleth freely at his pleasure without any combination or limitation to the great honour and seruice of the State wherein they may daily see and obserue more and more as is heeretofore declared Societies of East-Indies Virginia c. The East-India Merchants are also a Societie but their aduenturers runne all into maine Stockes and is gouerned and carried all ioyntly vpon benefit or losse This Company beganne in the yeare 1599. So the Merchants of Turkie are a Societie Also the Virginia and Barmuda Merchants and diuers others are Societies incorporated by his Maiesties Letters Patents as aforesaid The other Association is done by and betweene Merchants of their owne authoritie Partnership by Contract ioyning themselues together for to deale and trade either for yeares or voyages and this is properly called Partnership where one man doth aduenture a thousand pounds another fiue hundreth pounds another three hundreth pounds and another foure hundreth pounds more or lesse as they agree amongst themselues to make a stocke euerie man to haue his profit or to beare losses and aduenture according to their seuerall stockes in one or many voyages for one or more yeares besides the moneyes taken vp at vse to trade withall proportionably according to the rates of their stocks by parts and portions to be diuided into so many parts as they agree wherein the conditions be diuers which must be obserued truely and the accounts accordingly otherwise all will run into a Laborinth and confusion And by the common Law one partner cannot proceed against another and in Chauncerie the suits may be prolonged for the life of a man vnlesse the Law-Merchant be better vnderstood and the Auditors Office be enabled to end these businesses with breuitie and expedition There is another branch of this maner of partnership Partnership by imployment which commeth to passe when Factors beyond the seas dealing for diuers Merchants will sometimes make imployment of seuerall mens money in one kind of commoditie to be diuided amongst them Here one may become a partner vnawares and vnknowne as of late I know the like did happen in a great bargaine of Tabacco whereupon all the partners being seuen in number are fallen out and diuers of them are in law This course althoug vsed is verie dangerous especially when they vse many Factors One Merchant sendeth commodities to his Factor to be sold in Spaine and giueth order that by that meanes he shall prouide money for his part of the imployment of Tabacco to be made another Merchant he sendeth a Letter of credit of a friend of his that so much money shall be taken vp by exchange for Antuerpe or London as shall be needfull for his part another Merchant he causeth so much money to be made ouer to his Factor by exchange ●●om Antuerpe as will furnish for his part Two other Merchants dwelling in Spaine doe furnish their parts there themselues And amongst them all they admit in Spaine one Factor dwelling there to buy the Tabacco and he hath a part with them but findeth the meanes to disburse no money for his part because he buyeth the said parcell of Tabacco amounting to some twelue thousand ducats and conditioned to pay a good part of it at six or more moneths And the seuenth Merchant he prouideth not any money and neuerles wil haue his part because he gaue order to his Factor to take it vp by exchange for London vpon him promising that he would pay the same here Hereupon the bargaine and imployment of Tabacco is made the goods receiued and sent ouer to London where it is diuidedly deliuered to some of the said partners to be sold with one and others priuitie for the generall account of them all to be made vp amongst them to cleere the said account and euerie man to haue his part of the benefit and profit and likewise to beare such losses as may decrease their profit according to equitie and conscience Interim it happened that the Factor who bought the said Tabacco dyed insoluent who did not only leaue his own part vnpaid but a far greater summe which the other two partners were faine to pay being bound for it in all amounting to 1300 ll sterling● Now the question is How this losse shall be borne amongst them The first Merchant he saieth I did send commodities and by the prouenue thereof my part was payed by him that dyed and that dependeth vpon accounts to be cleered betweene him and the partie deceased the second Merchant he sayeth My part was paied in readie mony in Spaine taken vp