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.

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.

Table of contents

Title page

§

TO THE COVRTEOVS RERDER.

A TABLE OF THE CONtents of the first part of Lex Mercatoria, or the ancient Law-Merchant, concerning Commodities, compared to the Bodie of Trafficke.

The Contents of the second part of Lex Mercatoria, concerning Moneys compared to the Soule of Trafficke.

The contents of the third part of Lex Mercatoria, concerning Exchanges for Moneys by Bills of Exchanges, compared to the spirit or facultie of the Soule of Trafficke.

1

AN INDVCTION TO LEX MERCATORIA, OR THE LAW MERCHANT, AND THE ANTIQVITIE THEREOF. CHAP. I.

CHAP. II. An obseruation concerning TIME.

That the Romane Kalender may easily be reformed without the Alteration of ten dayes, made by Pope Gregorie the 13.

CHAP. III. Of NVMBER, and the Mysteries thereof.

CHAP. IIII. Of WEIGHTS and MEASVRES vsed in all places of the world, with other obseruations.

All WEIGHTS are diuided into three sorts.

The correspondencie of Weight of most places of Trafficke.

FRANCE.

SPAINE.

The said 100 ll of Antuerp makes in Spaine

PORTVGALL.

ITALIE.

GERMANIE.

EASTLAND.

Obseruations concerning the manner of Weighing.

Weights for Moneys, and their correspondence for most places of Trafficke.

Here followeth the description of the Measures.

ENGLAND.

THE LOVV COVNTRIES.

FRANCE.

ITALIE.

EASTLAND.

GERMANIE.

SPAINE.

PORTVGALL.

The Measure of wet Commodities.

Of the correspondence of Wine Measures..

FRANCE.

ENGLAND.

SPAINE.

PORTVGALL.

ITALIE.

Of the Correspondence of Beere Measures.

Old Measures of the Romanes.

Measures of the Grecians.

Measures vsed by Physitians.

Measures of Arabia.

Of the correspondence of the Measures of Corne.

The Last of corne of Amsterdam is at the following places.

Of the Measures of Salt', correspondence and goodnesse of the same.

The Sackes of Salt of Armuyden, being 122 small Barrels for the 100 Sacke, make as followeth in other places.

The Measures of Woad, Hops, and Sea-coale.

The Measure of Sea-Coale.

Rules to know the goodnesse of Sea-Coales

Of the Weights and Measures of England.

Concerning MEASVRES.

The bredth of silke Cypers, bending and Curld.

The Measures of Lands.

Of the nature and diuersitie of Colours.

A Table of the Standard, for the true making of Woollen Clothes, according to the Waight and Measure declared by the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine, &c.

Obseruations concerning the said Weight and Measure of Clothes in generall.

Benefits which will arise by the true making of Clothes in England, according to the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine.

CHAP. V. Of the three Essentiall Parts of Trafficke, namely, Commodities, Money, and Exchange of Money by Billes of Exchanges.

CHAP. VI. A Geometricall Description of the World, especially of EVROPE, Measured by Millions of Acres of ground, vpon the Mappe.

The Measure is one Million, or ten hundreth thousand Acres.

First for Europe or Christendome.

The 17 Prouinces of the Low-countries.

ITALIA.

GERMANIA.

DENMARKE.

SVVETHEN.

Summa totalis of the inhabited parts of the World, six Milliars, six hundreth and twentie three Millions, and seuen tenne thousand Acres of Land, Vt supra.

CHAP. VII. Of the Commodities of all Countries whereby commerce is mainetained.

Of the goodnesse and value of East India Commodities.

Commodities sold by a weight called Man of 24 ll weight.

Commodities sold by the Bar of 15 Rooues or Arrobas of 28 ll.

Commodities which are sold by the Ounce.

Commodities sold by the score of twentie pieces, as Calico Cloth, &c.

Of the weight, goodnesse, and values of Pearles and Precious Stones.

Crownes of 6 ss euerie Carrat.

Of the Commodities of Great Brittaine.

The Commodities of the Kingdome of Ireland, are

The Commodities of the Kingdome of France, are

The Commodities of Spaine and Portugall, are

The Commodities of Italy, and certaine Ilands.

The Commodities of Germany and places adioyning.

The Commodities of East-land, and thereabouts.

The Commodities of Denmarke, and Norway, and Sweaden.

The Commodities of Russia.

The Commodities of Barbary.

The Commodities of the Low Countries.

The Commodities of the West Indies.

CHAP. VIII. Of Commutation or Bartring of Commodities.

CHAP. IX. Of ordinarie buyings and sellings of Commodities.

CHAP. X. Of Suretiship and Merchants Promises.

CHAP. XI. Of the Reuolution of Buying and Selling of Commodities, by the course of Trafficke.

CHAP. XII. Of the Transferring or setting ouer of Billes Obligatorie, betweene Merchants and others.

CHAP. XIII. Of the nature of Bills Obligatorie beyond the Seas, and in England.

Forme of Billes Obligatorie.

CAHP. XIIII. Of Letters of Credit and Blankes signed.

CHAP. XV. Of Letters of Attorney, or Procurations and Transports, or Conueyances.

CHAP. XVI. Of Factors and Seruants, and Commissions giuen vnto them.

Obseruations concerning Factors.

CAHP. XVII. Of the beginning of Sea Lawes.

CHAP. XVIII. Of the manner of Proceedings in Sea-faring Causes.

CAHP. XIX. Of Buying and Selling of Commodities by Contracts.

CHAP. XX. Of Bankes and Bankers.

CAHP. XXI. Of the Fraighting of ships, Charterparties, and Bills of lading.

Questions about Fraightings, and their Solutions.

CHAP. XXII. Of the Master of the Ship his power, and duetie of the Master to the Merchant.

CHAP. XXIII. Of the Duties and Priuiledges of Mariners.

CHAP. XXIIII. Of the Office of Assurances, and the Ancient Custome of the same.

The nature of Assurances.

CHAP. XXV. Of pollicies of Assurances, and the substance of them, and of Contributions.

CHAP. XXVI. Of the manner of Contributions or Aueridges.

CAHP. XXII. Of the particulars to bee obserued in Assurances.

CHAP. XXVIII. Of the manner of Proceedings for Assurances, in case of losses.

An abridgement of Questions of Assurances.

CHAP. XXIX. Of Shipwrecke, and things found vpon the Seas.

CHAP. XXX. Of Partners of Ships and Voyages.

CAHP. XXXI. Of Moneys taken vpon Bottommarie, by the Master of a ship, called Foenus Nauticum.

CHAP. XXXII. Of Shipping and Nauigation.

CHAP. XXXIII. An abridgement of the Imperiall Sea-lawes of the Haunce Townes, made in the yeare 1614.

CHAP. XXXIIII. Of Nauigation and Communitie of the Seas.

CHAP. XXXV. Of the distinct Dominions of the Seas.

CHAP. XXXVI. Of Customes, Subsidies, and Impositions payed vpon Commodities.

CHAP. XXXVII. Of Merchants Wagers, Stipulations, or Conuentions.

CHAP. XXXVIII. Of Merchants Markes set vpon Commodities.

CHAP. XXXIX. Of the Buying and Selling of Commodities by Brokers, and by the Candle.

CHAP. XL. Of buying of commodities by Condition, termed Capiticus, and of selling things vpon Casualties.

CHAP. XLI. Of diuiding of Commodities by Lots.

CHAP. XLII. Of Associations, Monopolies, Engrossings, and Forestallings.

Description of Monopolies.

Definition of a Monopoly.

CHAP. XLIII. Of Merchants Oppignorations.

Domus Commutationis.

CHAP. XLIIII. The proceedings vsed against Bankrupts.

CHAP. XLV. Of Manufactures.

Preseruation of Bees for the Climate of Great Brittaine, &c.

Necessarie obseruations concerning the Premisses.

Helpes for weake Bees at all times.

CHAP. XLVI. Of Plantations of People, and new Discoueries.

CHAP. XLVII. Of the Fishing Trade.

Statute Lawes of England, Scotland, and Ireland, concerning fishing.

THE SECOND PART OF LEX MERCATORIA, or the Auncient Law-Merchant; concerning Moneys, compared to the Soule of TRAFFICKE and COMMERCE.

CHAP. I. Of the Essence or Existence of Mettalls.

Gradus ad Transmutationem sunt septem.

CHAP. II. Of Mines Royall.

CHAP. III. Of Mines and Mineralls.

CHAP. IIII. Of the profitable working of Mines.

CHAP. V. Of the Nature of Gold, Siluer▪ and Copper, and of the Moneys made thereof.

CHAP. VI. Of the Officers of Mints.

CHAP. VII. Of the Assayes of Bullion and Moneys.

To refine Gold with Cementation without Strong-water, which is costly.

CHAP. VIII. Of the weight and finesse of Moneys, and their seuerall Standards.

Coynes made of meere Copper.

CHAP. IX. Of the Valuation of Moneys, and the Proportion betweene Gold and Siluer.

The Proportions vsed within the memorie of man, are as followeth.

Siluer Coynes.

Small Moneys for ordinarie payments.

Obseruations concerning the said Proclamation and Ordinance.

CHAP. X. Of the Lawes and Prohibitions against Vsurie.

CHAP. XI. Of Vsurie Politike, and Moneys deliuered at Interest.

CHAP. XII. Of Intollerable Vsurie, and Lombards.

CHAP. XIII. Of Mons pietatis, or Banke of Charitie.

CHAP. XIIII. Of the true Calculation of Moneys deliuered at Interest.

CHAP. XVI. Of Vsurious Contracts.

CHAP. XVI. Of lawfull Bargaines and Contracts.

CHAP. XVII. Of the Vniuersall and Perpetuall Princely Contract of Commerce.

CHAP. XVIII. Of Moneys deliuered vpon Liues, Annuities, and Pensions.

CHAP. XIX. Of the Denomination and Diuision of Moneys of diuers Countreys.

Some of these moneys are imaginarie, and some are substantiall or reall in specie, and yet not concurring in price or value.

CHAP. XX. Of Merchants Accounts kept by Debitor and Creditor.

The manner how he doth enter them in the Iournall is as followeth.

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.

CHAP. I. Of the Beginning of the Exchange for Moneys, by Bills of Exchanges.

CHAP. II. Of the true calculation of Moneys in exchange by Bills of Exchanges, according to Par pro pari.

CHAP. III. Of the Denomination of the Imaginarie Moneys of all Places, whereupon Exchanges are made by Bills.

The Calculations of Merchants Accounts, whereupon their Bookes of Account are kept, according to their Imaginarie Moneys.

CHAP. IIII. Of the Times of Payment of Moneys by Exchange, and the Termes of Art vsed therein.

CHAP. V. Of the Nature of Bills of Exchanges.

CHAP. VI. Of the Non-acceptation of Bills of Exchanges, and Customes obserued concerning the same.

CHAP. VII. Of Notaries, Intimations, and Protests.

CHAP. VIII. Of Reciprocall and double Exchanges.

CHAP. IX.

Of the Feats of Bankers performed by Exchanges.

For the Bankers priuate gaine and benefit.

For the aduancing of one Common-wealth, aboue all other Common-weales.

For the destruction of a Common-wealth.

As for example.

CHAP. X. Of the true reformation of Exchanges.

CHAP. XI. Of Attachments and Arrest.

CHAP. XII. Of Sequestrations and Executions.

The Law is said to be a mute Magistrate: but the Magistrates are a liuing Law.

CHAP. XIII. Of Denization and Naturalization of Merchants.

CHAP. XIIII. Of the determination of Sea-faring causes.

CHAP. XV. Of Arbitrators and their Awards.

CHAP. XVI. Of the Merchants Courts, or office of Prior and Consuls.

An Edict made by the French King, concerning the Court and Authoritie of the Prior and Consulls of Roan.

CHAP. XVII. Of the Lawes of seuerall Countries, whereby the Differences and Controuersies of Merchants are determined.

Of the Common-Lawes of the realme of England.

Of the Lawes of the Kingdome of Arragon.

Of the Lawes of the Kingdome of France.

Of the Salique Law of France.

Of the lawes of the higher and low Germanie, concurring with the Ciuile Law and the Courts of Equitie in substance.

CHAP. XVIII. Three Paradoxes alluding to the three Essentiall parts of Trafficke.

The second Paradox.

CHAP. XIX. The due commendation of naturall Mother Wit.

CHAP. XX. Of the Ancient Gouernment of the Staple.

A Conclusion to the iudicious Reader.

§

§

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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.

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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 [Page] 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. [Page] 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[Page]negotiativ [...], 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.

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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 LawMerchant, 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, [Page]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 Commonweales 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 dignitie and to bee cherished; for by them Countreys are discouered, Familiaritie betweene Nations is procured, and politike Experience is attained. Whereupon I haue beene mooued (by long obseruation) to put the worthines of the Customarie Law of Merchants, in plaine and compendious writing, by vndoubted principles, familiar examples, and demonstratiue reasons, without affectation of curious words, more than the grauitie of the Theame (in some places) did require.

I haue intituled the Booke, according to the ancient [Page] name of Lex Mercatoria, and not Ius Mercatorum; because it is a Customary Law approued by the authoritie of all Kingdomes and Commonweales, and not a Law established by the Soueraigntie of any Prince, either in the first foundation or by continuance of time. And beginning with Time, Number, VVeight and Measure, I doe descend to the three Essentiall Parts of Trafficke, diuided into three parts accordingly, by comparing them to the Bodie, Soule, and Spirit of Commerce, namely, Commodities, Money, and Exchange for money by Billes of Exchanges. The first, as the Bodie, vpheld the World by Commutation and Bartring of Commodities, vntill money was deuised to bee coyned. The second, as the Soule in the Bodie, did infuse life to Trafficke, by the meanes of Equalitie and Equitie preuenting aduantage betweene Buyers and Sellers. The third, as the Spirit and Facultie of the Soule, (being seated euerie where) corroborateth the Vitall Spirit of Trafficke, directing and controlling (by iust proportions) the prices and values of Commodities and Moneys. For euen as, Merchants are the Instrumentall Cause of Trade; euen so is the Exchange for Moneys, the Efficient Cause with vs in the course of Trafficke, and become Predominant or ouerruling the price of Commodities and Moneys, as aforesaid. This is manifested by three Paradoxes alluding to the said three Essentiall Parts of Commerce, which (for a Corrollarie) I haue added in the latter end of [Page] this Booke, with such other worthy obseruations as in the first Chapter are declared. And euen as the roundnesse of the Globe of the World is composed of the Earth and Waters: So is the Bodie of Lex Mercatoria, made and framed of the Merchants Customes, and the Sea-Lawes, which are involued together as the Seas and Earth. In the description whereof, I have vsed to make repetition of the Materiall points, according as occasion did minister vnto me for to make application thereof, for the better vnderstanding of the Iudicious Reader, which is the maine Scope that all Writers are to regard and care for. The meanes whereby the differences and controuersies happening betweene Merchants in the course of Trade are ended, is also declared, which most of all require Breuitie and Expedition, and had need of a peremptorie proceeding, as was inuented for the Common Law of the Realme of England, the due commendation whereof is added heereunto; shewing also how of the same there might bee made an Art or Science, and what obseruation of other Lawes are concurring with ours, both in the strictnesse of Law, and the lenitie of Equitie, most consonant with the Law-Merchant, the knowledge whereof is of so great consequence, that without it all Temporall Lawes are not compleat, but imperfect. The Scope of all therefore is, That the Rule of Equalitie and Equitie may take place betweene Vs and other Nations, which Velut Ariadnae caecaregens filo vestigia, non modo nos errare [Page]non sinit, fed etiam efficit, vt aberrantes in rectam viam deducamur, as hath beene mentioned in our last Treatise of the maintenance of free trade, lately published. Concluding (gentle Reader) vpon all the premisses handled (as I hope) substantially, I commend and submit the same to the louing entertainement of the profound and discerning iudgement of the discreet, wise, and experienced; wishing that (like matter set downe by the Penne of Apollo) they may sound sweetly in your apprehention, and giue to your conceit most harmonious Musicke, Pleasure and Delight. London the 25 of Nouember 1622.

Thine to vse alwaies readie, GERARD MALYNES.

A TABLE OF THE CONtents of the first part of Lex Mercatoria, or the ancient Law-Merchant, concerning Commodities, compared to the Bodie of Trafficke.

[Page]

Chapter.

Pag.

1 AN induction to Lex Mercatoria, or the Law-Merchant, and the antiquitie thereof.

1

2 An obseruation concerning Time.

8

3 Of Number, and the mysteries thereof.

17

4 Of Weights and Measures vsed in all places of the world, with other obseruations.

19

5 Of the three essentiall parts of trafficke, namely Commodities, Money and Exchange of money by bills of Exchanges.

58

6 A geometricall description of the world, especially of Europe, measured by millions of acres of ground vpon the map.

66

7 Of the Commodities of all Countreyes, whereby commerce is maintained.

70

8 Of Commutation or bartring of commodities.

83

9 Of ordinarie buyings and sellings of Commodities.

91

10 Of Suretiship and Merchants Promises.

93

11 Of the reuolution of buying and selling of Commodities in the course of Trafficke.

95

12 Of the transferring and setting ouer of Billes obligatorie betweene Merchants and others.

98

13 Of the Nature of Billes obligatorie beyond the Seas, and in England.

101

14 Of Letters of Credit, and Blankes signed.

104

15 Of Letters of Atturney, or Procurations and Transports, and Conueyances.

106

16 Of Factors and seruants, and Commissions giuen vnto them.

111

17 Of the beginning of Sea Lawes.

119

18 Of the manner of proceeding in Sea-faring Causes.

121

19 Of buying and selling of Commodities by Contracts.

122

20 Of Bankes and Bankers.

131

21 Of the Fraighting of Ships, Charterparties, and Billes of Lading.

134

22 Of the Master of the Ship, his power, and dutie of the Master to the Merchant.

142

[Page] 23 Of the dueties and priuiledges of Marinors.

144

24 Of the office of Assurances, and the ancient custome of the same.

146

25 Of Pollicies of Assurances, and the substance of them, and of contributions.

150

26 Of the manner of Contribution, or Aueridges.

157

27 Of the particulars to be obserued in Assurances.

159

28 Of the manner of proceeding for Assurances in case of losses.

161

29 Of Shipwrecke, and things found vpon the seas.

167

30 Of partners, and ships voyages.

169

31 Of moneys taken vpon bottomarie, by the Master of a Ship, called Foenus Nauticum.

171

32 Of Shipping and Nauigation.

173

33 An Abridgement of the imperiall Sea Lawes of the Haunce Townes made in the yeare 1614.

175

34 Of Nauigation, and Communitie of the seas.

182

35 Of the distinct Dominions of the seas.

185

36 Of Customes, Subsidies, and Impositions paied vpon commodities.

193

37 Of Merchants Wagers, Stipulations, or Conuentions.

197

38 Of Merchants markes set vpon commodities.

199

39 Of the buying and selling of commodities by Brokers, and by the Candle.

201

40 Of buying of Commodities by Condition, termed Capiticus, and selling things vpon casualties.

203

41 Of diuiding of commodities by Lots.

205

42 Of Assotiations, Monopolies, Engrossings, and Forestallings.

210

43 Of Merchants Oppignorations.

218

44 Of the proceedings vsed against Bankrupts.

221

45 Of Manufactures.

229

46 Of plantation of people, and new discoueries.

234

47 Of the fishing trade.

241

The Contents of the second part of Lex Mercatoria, concerning Moneys compared to the Soule of Trafficke.

1 OF the essence or existence of Mettalls.

255

2 Of Mines Royall.

259

3 Of mines and mineralls.

268

4 Of the profitable working of mines.

272

5 Of the nature of gold, siluer, and copper, and of the moneys made thereof.

274

6 Of the officers of mints.

279

7 Of the assaies of b [...]llion and moneys.

284

8 Of the weight and finenesse of moneys, and their seuerall standards.

291

9 Of the valuation of moneys, and the proportion betweene gold and [...]iluer.

307

[Page] 10 Of the lawes and prohibitions against vsurie.

235

11 Of vsurie politicke, and moneys deliuered at interest.

329

12 Of intollerable Vsurie, and Lombards.

337

13 Of Mons pietatis, or Bankes of charitie.

341

14 Of the true calculation of moneys at interest.

345

15 Of vsurious Contracts.

349

16 Of lawfull Bargaines and Contracts.

352

17 Of the vniuersall and perpetuall princely contract of commerce.

354

18 Of moneys deliuered vpon liues, annuities, and pensions.

358

19 Of the denomination and diuision of moneys of diuers countries.

360

20 Of Merchants accounts kept by Debitor and Creditor.

362

The contents of the third part of Lex Mercatoria, concerning Exchanges for Moneys by Bills of Exchanges, compared to the spirit or facultie of the Soule of Trafficke.

1 OF the beginning of the Exchange for moneys by bills of Exchanges.

378

2 Of the true calculation of moneys in exchange by bills, according to par pro pari.

382

3 Of the denomination of the im [...]ginarie moneys of all places, whereupon Exchanges are made by bills of Exchanges.

386

4 Of the times of paiment of moneys by exchange, and the termes of art vsed therein.

391

5 Of the nature of bills of Exchanges.

393

6 Of the non-acceptation of bills of Exchanges, and the customes obserued concerning the same.

398

7 Of Notaries, Intimations, and Protests.

401

8 Of reciprocall or double Exchanges.

404

9 Of the feates of bankers performed by Exchanges.

408

10 Of the true reformation of Exchanges.

413

11 Of Attachments and Arrests.

424

12 Of Sequestrations and Executions.

428

13 Of denization and naturalization of Merchants.

439

14 Of the determination of sea-faring causes.

443

15 Of Arbitrators, and their awards.

447

16 Of the Merchants courts, or office of Prior and Consulls.

451

17 Of the Lawes of seuerall countries, whereby the differences and controuersies of Merchants are determined.

460

18 Three Paradoxes alluding to the three essentiall parts of trafficke.

477

19 The due commendation of naturall Mother Wit.

491

20 Of the ancient gouernment of the Staple.

495

A conclusion to the juditious Reader.

499

1

1

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AN INDVCTION TO LEX MERCATORIA, OR THE LAW MERCHANT, AND THE ANTIQVITIE THEREOF. CHAP. I.

WHen Almightie God had created man, good and a sociable creature, who could not so well liue alone, as other creatures sufficiently prouided (by nature) for their sustenance; and had reason assigned and giuen vnto him, aboue all the said creatures: yet all the meanes and faculties of his bodie and soule, were not sufficient to make him happie whilest he was alone. But necessitie did require a concourse of men helping one another to supplie (with a common strength) the said weakenesse; for the burden of the said necessitie was so weightie and great, that one man alone was not able to manage the same. Then it came to passe, that by mutuall contribution of offices, euerie man did afford means according to his abilitie for the common good, so that those which were of a strong bodie did emploie their labour to get liuing and maintenance for themselues and others: And those which were endued with the best part of the soule, as Vnderstanding and Reason, did vndertake the most important matters, teaching men how to liue well, and informing them of their felicitie (which they iudged chiefely to consist in vertuous actions) endeauouring to make impression in the soule of man, of certaine good lawes for the obseruation thereof, with a reference of them to the first law engraffed in the soule of man, as a part of that diuine light, which was infused in him to know (in some measure of perfection) the good and euill,Called by the Grecians Synderisis. and accordingly to receiue reward or punishment.

As for the other and better part of informing and guiding the thoughts and affections of men to a supernaturall end, that, as surpassing the compasse of that lower spheare wherein I now moue, must be left vntouched by me, who here take for my obiect not the spirituall [Page] but the ciuill life of man and the meanes thereto conducing.

Touching therefore the externall part. The mutuall contribution of offices amongst men hath from the beginning continued both in labouring and manuring the naturall riches of the lands in corne and pasturage, as in the immediate children of our first father Adam, and in planting Vines, and making an extract of the iuyce of the fruit of them, as Noah. Which riches in matter and foundation naturall, and partly also in alteration and managing artificially, euery possessor not long after the beginning of the world seuerally inioyed in propertie: and hence did proceed a commerce, first, in reall enterchange and communication of things of the same or other kinds, but all naturall commodities, as sheepe for sheepe, sheepe for corne, wine for oyle, &c. betweene man and man, or nations and nations, according to number, weight, and measure, and after, to auoid confusion, by a commune pignus currant mutuall, which we call money, both by way of merchandizing;Gen. the most ancient euidence hereof is Abrahams purchasing for money a field for buriall. The obseruation and customes whereof, was the beginning of the Law-Merchant, and that especially when mankind was propagated into an infinite number, and the domestiques or neere hand commodities were not sufficient for their sustenance in some countries, and in other countries were ouer aboundant: Then of necessitie followed the vse of trusting, exchanging, and trading; first, on the Land in the maine Continent, and then extensiuely vpon the Seas, both for fishing and negotiation. Then did merchants trauell from countrey to countrey: So in the dayes of the Patriarke Iacob, Gen 37.27. did the merchants Madianits in their iourney meete with the children of Iacob, and then Ioseph was carried by their meanes into Egypt, and sold to Potipher for the good of his father and all his family. And then it was and proued to be true, (which experience hath confirmed) that Vita ciculis in societate posita est, The Lawmerchant a most antient law. societas autem in imperio & commercio: So that it plainely appeareth, that the Law Merchant, may well be as ancient as any humane Law, and more ancient than any written Law. The very morall Law it selfe, as written by Moses, was long after the customary Law of Merchants, which hath so continued and beene daily augmented successiuely vpon new occasions, and was not altogether made in the first foundation, as the Lawes whereby the Common-weales of Israel (whose Lawes were vniformely made by Moses from God:) or those of Crete, Cybaris, Sparta, & Carthage, by Minos, Charondas, Lycurgus, and Phalcas. Neuerthelesse, many Emperours and Kings haue alwaies referred the ending of differences, which happen betweene Merchants, to be done & decided according to the Law-Merchant, That is to say, according to the Custome of Merchants; who by their trauels found the diuersitie of weights and measures, and the goodnesse and vse of commodities pleasing to all nations, whereby the superfluities of them were vented amongst them. Vt quod vspiam nascitur boni, id apud omnes affluat.

[Page]This Law of Merchants, or Lex Mercatoria, in the fundamentals of it,Definition of the Lawmerchant. De [...]epub. is nothing else but (as Cicero defineth true and iust Law) Recta Ratio, naturae congruens, diffusa in omnes, Constans sempiterna: True Law is right Reason, agreeable to Nature in all points, diffused and spread in all Nations, consisting perpetually without abrogation:Ius gentium. howbeit some doe attribute this definition vnto ius gentium, or the Law of Nations, which consisteth of Customes, Manners, and prescriptions of all Nations, being of like conditions to all people, and obserued by them as a law: But the matter being truely examined, we shall find it more naturally and properly belongeth to the Law-merchant.

Euery man knoweth, that for Manners and Prescriptions, there is great diuersitie amongst all Nations: but for the Customes obserued in the course of trafficke and commerce, there is that sympathy, concordance, and agreement, which may bee said to bee of like condition to all people, diffused and spread by right reason, and instinct of nature consisting perpetually. And these Customes are properly those obseruations which Merchants maintaine betweene themselues, and if these bee separated from the Law of Nations, The remainder of the said Law will consist but of few points.

Prerogatiues of Princes by the Law of Nations.Princes and Potentates by their prerogatiues (respecting the law of Nations) doe permit amongst themselues a free trauelling by land through their seuerall Kingdomes, Territories, and Dominions, vnlesse they bee open enemies: They hold likewise a communitie of the seas for Nauigation, as also a distinct dominion of the seas adioyning to the territories and iurisdiction of their countries, they take Custome, Subsidies, and all manner of impositions vpon the commodities imported and exported out of their Harbours, Hauens, and Ports, as also duties for the fishing in their Seas, Streames, and Dominions; of all which the Merchant is to take especiall notice, to auoid danger in the trafficke and trade with their subiects, for non-payment of the same, which they claime iure gentium.

Are not the Sea Lawes establisted to decide the controuersies and differences happening betweene Merchants and Marriners? And is it not conuenient for Merchants to know them? Considering that Merchants maintaine the Fisher-men, and (by way of Trade) cause the Sea and Land Commodities to bee dispersed euerie where? So that the said prerogaties doe also appertaine to the Lawmerchant as properly inherent vnto commerce, and the obseruation of Merchants being of like condition to all people and nations.

Concerning manners and prescriptions,Manners and prescriptions of the law of Nations. wherein the differences is to be noted from the Law-Merchant; the same consist in the erecting of Offices, creating of Officers, and making of Lawes, which of themselues make a separation betweene Customes: Also the giuing or bestowing of honours and dignities, the granting of priuiledges, and the doing of any thing which concerneth the Honor, Body, and [Page] goods of any man, whereunto all things touching man haue a reference, and doe meerely belong to the preheminence of Princes in their places of Soueraigntie.

And herein let vs obserue the difference betweene Lawes and Customes according to the description of the said worthy author Cicero.

Differe [...]ce betweene Lawes and CustomesA Custome (saith hee) taketh hir strength by little and little in progresse of Time by a generall Consent, or, of the most part; But the Law commeth forth in a moment, and taketh her strength from him that hath power to command: Customes doe take place gently; but the Law commandeth with a power suddenly. True it is, that the Law may abolish Customes, but Customes cannot derogate from the Law, because Magistrates will see them executed at all times. Customes haue their strength by sufferance; but the Law commandeth by absolute authoritie of a Prince. And yet Customes are of no lesse power than a Law, and the difference consisteth most in the manner. Lex est cui omnes homines decet obedire propter multa & varia, & maxime quia omnis lex est inuentio quaedam & donum Dei. All men ought to obey the Lawes, which are many and diuers, and chiefly because all Lawes are (as is it were) an inuention and a gift of God. So much, yea more may bee said of the Custome of Merchants, because of their continuance and Antiquitie, as aforesaid.

And for that the said customarie Law of Merchants, hath a peculiar prerogatiue aboue all other Customes,The Prerogatiue of Merchants Customes aboue all other Customes. for that the same is obserued in all places, whereas the Customes of one place, doe not extend in other places, and sometimes they are obserued, and sometimes they are neglected. But the Customes of Merchants concerning trafficke and commerce, are permanent and constant, and when they are not truely obserued in some places, by some errour or misprision: Non est consuetudo, sed vsurpatio; For such Customes loose their names, and are called Vsurpation, which is the cause that many times Customes are established for Lawes by him or them that haue power to make Lawes. And Customes are the best Interpreters of the Lawes,Customes are the best interpreters of Lawes. either for suppressing of vice, or establishiug of Vertue: So that whosoeuer alleadgeth a Custome in his defence, is to prooue and maintaine the same, if it bee honest. Now wee must not vnderstand this of any euill Custome, because they make no presidents, and are to bee supressed by Lawes. Likewise a Custome well obserued, is to bee preferred before a Law not obserued.A Gradation concerning Lawes and Customes. And this Gradation ought to be maintained and se [...]iously obserued concerning Lawes and Customes, That euen as the Wills, Contracts, or Testaments of particular men, cannot derogate or vndoe the Ordinances of the Magistrates, and as the order of the Magistrates cannot abolish ancient good Customes nor Customes cannot abridge the generall Lawes of an absolute Prince; no more can the Law of Princes alter or change the Law of God and Nature.

[Page] Bartolus, Baldus, Iustinian, Vlpian, Paule the Iurisconsulse, Papinian, Benvenuto Straccha, Petrus Santerne, Ioannes Inder, Balduinus de Vbald, Rodericus Suarez, Iason, Angell, Andrias Tiraquell, Alciatus Budeus, Alexander Perusius, Pomponius, Incolaus Boertius, Azo, Celsus, Rusinus, Mansilius, Sillimanus, Accursius, Franciscus Aretinus, Grisogonus, Lotharius, Iulianus, and diuers other doctors and learned of the ciuile Law, haue made many long discourses and volumes of bookes of the questionable matters fallne out amongst Merchants, for and concerning merchandise,Booke cases of the Law-Merchant. which are yearely obseruations or booke cases and precedents; by the reading whereof, Merchants are like rather to metamorphise their prosession and become lawyers, than truely to attaine to the particuler knowledge of the said Customes or Law-merchant: For they haue armed questions and disputations full of quillets and distinctions ouer-curious and precise, and many of them to small purpose, full of Apicis iuris, Apicis iuris what they are! which themselues haue noted to bee subtilties, saying, Apicis iuris s [...]nt quae subtilitatem quandam respiciunt magis quam facti veritaetem, They doe more regard certaine subtilties than the trueth of the fact or matter, As for example. To define

Quid s [...] Mercator, what a Merchant is? Quidue Mercatura, what Merchandising is?

Whether he is a Merchant that doth once buy and sell?

Wherher merchandising and negotiating be one and the same?

Whether an vsurer be a Merchant?

Whether selling by retaile shall be called merchandising?

Whether a Clergie man or a Gentleman dealing in buying and selling, shall be called a Merchant in any controuersie?

Wherein a Merchant may be like an vsurer?

Whether a man buying commodities in gro [...]e, and working the same out againe into other things to be vented by an ordinarie course of trafficke, be a Merchant, artificer, or trades-man?

Whether a seller of horses may be called a Merchant?

Whether a shop-keeper trading beyond the seas and at home, be a Merchant?

Whether a Merchant shall be called to be a Merchant of one kind of commodities, that dealeth for diuers sorts of merchandises or wares?

Whether he bee a Merchant that dealeth not for himselfe: but others negotiate for him? Or whether a young man dwelling with a Merchant, may be a Merchant? And other the like questions which I hold to be vnnecessarie to trouble Merchants braines withall.

The definition of a Merchant is to be noted.Definition of a merchant. For he that continually dealeth in buying and selling of commodities, or by way of permutation of wares both at home and abroad in forreine parts, is a Merchant.

Next in order,Conditis numeri p [...]tioris, [...] mai [...]ris. the conditions and properties which a merchant ought to haue, are to be considered; namely to be without fraud and [Page] deceit in his buying and selling of commodities, and to keepe faith with all men.

Hereupon questions are made, whether a merchant may trafficke with Turkes, Heathens, Barbarians, and Infidels, and performe promise with them? whether a merchant may sell his commodities as deere as he can, without respect of persons? whether he may vse lyes (as being officious) in the selling of commodities?Caueat emptor. whether he may be craftie without deceit? whether learning bee requisite in a merchant? whether he may deale in prohibited commodities at his apperill? whether a merchant buying commodities, and selling them better cheape than they cost him, shall be held in suspition to be neere decaying? and the like of him that taketh vp much mony at interest.

The continuance of a merchant.The said Ciuilians haue also determined how long a merchant is to be so called; which is either when he breaketh, or giueth ouer to deale in merchandise; or when he is prohibited to deale, for offences committed. And hereunto they adde a declaration of such as may trade; and by the contrarie thereof, is to bee vnderstood who may not trade,Persons exempted to bee merchants. viz. Clergie men, Noblemen, Gentlemen, Souldiors, Counsellors at the laws both Ecclesiasticall and Temporall, publicke officers and magistrates, franticke persons and mad men, youthes vnder yeares, orphanes, lunatickes and fooles, all these are exempted to be merchants: But sonnes and seruants may deale in merchandise with their fathers and masters.

What merchandise is fit for trade,Lastly, they haue obserued, That merchandise is properly to bee made of all moueable things, excepting holie things, and prohibited wares, or munition to bee carried vnto infidels or enemies. All which determinations can giue but little satisfaction to instruct merchants.

Merchandise two fold. Plato saieth, That merchandise is two fold, namely, ad victum & vestitum, of things for the backe and for the bellie, as belonging to the bodie of man; and of things concerning the mind of man, as learning of musicke, and other arts bought for money, and sold againe to others for money; and this distinction is in regard of man, but farre from that matter of trafficke and commerce which is comprehended vnder Commutatiue iustice, whereof Cicero speaketh.

Let vs therefore set downe, what a compleate merchant ought to know concerning the course of merchandising, and withall declare the methode obserued in this booke of the Law of Merchants.The methode of this booke.

1. A merchant ought first to know the science of Arithmeticke, and to obserue the daies and times in all his negotiations, and the beginnings of the yeare in all countries, and to calculate all things orderly.

2. The seuerall weights and measures of all countries concerning all commodities, and the correspondence of them, that there may be to him in effect but vnum pondus, & vna mensura, that is, one weight, and one measure.

[Page]3. The science of Geometry, and some inspection of Cosmography, and the Mathematickes, thereby to know the scituation of countries, with their distance and spaciousnesse: and the distinct dominions of Princes by land and by sea, with their iurisdiction and duties for fishing and otherwise.

4. To know the three Essential parts of traffick, being Commodities, Money, and Exchange for money by Billes of exchanges; vnder which all the traffique and trade is performed in all countries, or by some of them, because they are the causes of commerce, whereof the effects are buying and selling of commodities, receiuing and paying of monyes, and deliuering and taking of monyes by exchange, with their Adiuncts and Accidents in the said course of traffique.

5. To know also the goodnesse of the principall commodities of all countries, either superficially for colour and beautie; or substantially for qualitie and vse. As also the weight, finenesse, and valuation of the moneyes of all countries, with the proportion betweene the gold and siluer, and the manner of exchanges made by billes vpon the imaginary moneyes inuented to make exchanges betweene countrey and countrey.

6. The customes vsed in the buying and selling of commodities for money or billes obligatorie, or by way of Commutation or Barter.

7. The deliuering of moneyes at interest, or vpon Botomary, or vpon liues, annuities, or pensions in nature of rent, &c.

8. The fraighting and setting forth of Ships, making of Charterparties, Billes of lading, Invoice, and Couenants and contracts. As also the sea lawes, to decide all questions and controuersies which fall out betweene Merchants and Marriners, and owners of Ships.

9. The customes, subsidies, impositions, tribute, and tolles payed vpon all the commodities imported and exported, within the dominions of all Princes.

10. The manner of making of Assurances vpon goods, ships, the persons of men, or any other things aduentured by sea or by land; and the customes obserued therein betweene nation and nations.

11. The keeping of Merchants accounts, by Debitor and Creditor, and the calculation of the diuersities of money, whereby the said bookes of account are kept.

12. The authoritie and proceedings of Merchants Courts, or Priors and Consuls, to decide their differences according to equitie in places where they are kept, or any other lawes imperiall or common to some countries, whereby Merchants controuersies are determined; with the course of attachments and sequestrations, or executions and finall determinations by arbitrators, or iudiciall decrees in any Chauncery or Court of Equitie.

All these (making the customarie law of Merchants) haue neuer beene written by any Ciuilian or Phylosopher,The customary Law of Merchants. nor for ought I know, of any author, as is conuenient for Merchants; whereupon I haue [Page] (with Gods assistance) resolued to handle the same compendiously and substantially in this booke, vpon fiftie yeeres obseruation, knowledge, and experience. And albeit that the sea lawes are comprehended therein, whereby the proceedings might seem to be promiscuously handled, neuerthelesse the method is followed as neere as the matter could affoord, according to the said three Essentiall parts of trafficke, or the three Simples of commodities: Money, and the Exchange of money by Bills of exchanges, as hereafter may appeare.

And this Law of Merchants hitherto obserued in all countries, ought in regard of commerce, to be esteemed and held in reputation as the Law of twelue Tables was amongst the Romanes. For herein you shall find euery thing built vpon the foundations of Reason and Iustice: and knowing the foresaid twelue points, you shall be able to please your owne minde, and giue satisfaction of your sufficiencie to others. For the saying is true, Melius est Ciuitatem, ab optima lege, quam ab optimo viro gubernari, It is better to gouerne a Citie by a good Law, than by a good man. And it is better for a man to be ruled by Reason, than by his owne Reason to seeke to rule others.

Finally, to giue satisfaction to the learned and judicious, I haue abstracted the obseruations of the learned in the Ciuile Lawes, vpon all the precedent points, and added them vnto the following Chapters, distinctly from the Customes of Merchants; vsing the ordinary name of Ciuilians in generall, without naming any particular Author, to auoid ambiguitie and vncertaintie in the Contents of this Booke, diuided into three parts, according to the said three Essentiall parts of Trafficke.

CHAP. II. An obseruation concerning TIME.

ALL men of iudgement and vnderstanding doe know, that there is nothing more necessary for the knowledge of Histories, and diuers estates of the world, than the obseruation of Times, without which, great obscuritie and errors will be found in the Actions of men, aswell in matters of Religion, as in ciuile gouernment, where Merchants (in regard of their Trafficke and Commerce) haue the managing and disposing of the wealth of Kingdomes and Commonweales: So that it behoueth them, to obserue the yeeres, moneths, [Page] weekes,Merchants are to obserue Time. and dayes, and (sometimes) the houres of their negotiation, with the course of the Moone, and the ebbing and flowing of waters, the variation of windes, and alterations of weathers, for stormes at the seas, and vnseasonable Times on land, whereby the haruests doe faile, and commodities become to be plentifull or scarce, and the prices thereof deere or good cheape: with many other considerations incident in the course of buying and selling of commodities, and in receiuing and paying of moneys.

To make a definition of Time, will (in one respect) be verie difficult, if we consider, that Time is inseperably conioyned with Eternitie: But if we obserue the attribute of Time, and doe distinguish things orderly, we shall easily perceiue what Time is, and make vse thereof.The attributes of Time.

Time is the consumer of all things, Tempus edax rerum.

Time is the discouerer of all things, Veritas filia Temporis.

Time is vncertaine and wanteth bounds, Tempora mutantur &c.

Times minutes past, no treasure can restore, Irrevocabile Tempus.

Time doth pierce the hardest flint, Gutta cavat lapidem, non vi sed sepe cadendo.

Time hath a salue for all extremities, and yet begetteth vsurie.

Times office is to end the hate of foes.

Times glorie is to calme contending kings.

Time is a tutor both to good and bad, and doth discouer the affections of the mind.

Time offers still each houre to do amisse.

Time breedeth griefe, and heales when Art doth faile.

By Time and Wisdome passions are supprest.

In Time small wedges cleaue the hardest oakes.

Time is the Anchor both of Trueth and Right.

Time hath set downe the compasse of his course.

Times motions do equall the reeling Sunne.

Time measureth our actions.

Time is the best gouernour of all our councells.

Time on the weariest wretch bestoweth rest.

Both Life and Loue in Time must haue an end.

Many more attributes may be bestowed vpon Time. But we shall find vpon due consideration, that Time is but a distinction and measure of all things, and betweene all things.

Concerning the reuolution of Time, let vs obserue, That euen as God the Author and Conseruer of all things in a comely and decent order,The reuolution of Time. hath appointed a succession and progresse of Time, for accomplishment of the naturall course thereof: So hath he appointed certaine Periods and Reuolutions of Time, wherein things returne to the same, or like estate wherein they were before. As we see in the motions of the Heauens, and consequently in the seasons of the yere, all which are measured by Time. The Sunne, the Moone, and the Starres, to haue their particular and distinct reuolutions, wherein [Page] they accomplish their courses, and returne after a limitted and determinate space of Time to the places from which they did depart.

The Sunne compleating his course and Reuolution in 365 daies, and almost sixe houres, or a quarter of a day, as shalbe declared, which is that space of Time, which wee call the yeare, termed Annus, qui Annulus, Annus quasi Annulus. taking the similitude from a Ring; which caused the Egyptions to make the figure thereof in their Hierogliphicks like vnto a serpent byting his owne taile.

The Moone by her Reuolution in the Sphere in 28 daies, or thereabouts, determinates vnto vs the moneths, as the Sunne doth the daies and houres.

Saturnus the Planet maketh her Reuolution in 30 yeares. Iupiter in 12. yeares, Mars in two years, and Venus and Mercurie in 360 daies, or thereabo [...]ts. The fixed starres haue also their peculiar Motions and Reuolutions: The knowledge of all which, is both pleasing and necessarie vnto judicious Merchants.

And because Time is subiect to be numbered by Ages, Yeares, Moneths, Daies, Houres, Minutes, and their diuisions and subdiuisions, wee cannot in this place omit to particularise concerning the same; albeit it may be thought inconuenient to touch the obseruation of the period of Monarchies and Common-weales,Periods of Monarchies & Commonweales. made by some Authors, which (by many important reasons) may be amplified.

Some distribute the whole ages of the world into three parts, ascribing to euerie age 2000 yeares, which proc [...]edeth from that common opinion of Elias a certaine Rabbin or Iew, affirming that the world should stand 6000 yeares, and then be disolued; of the which they reckon 2000 yeares, before the Law, 2000 yeares, vnder the Law, and 2000 yeares, vnder Christ, which shalbe shortned for the elects sake; which opinion hath beene receuied, by diuers godly fathers, supposing that as the world and all things therein, was created in six daies; So the same should endure 6000 yeares, taking each thousand yeares for a day, according to the saying of Saint Peter. 1. Pet. 3. That one day before the Lord is as a thousand yeares, and a thousand yeares as one day. In this supputation is some reason; for from the beginning to Abraham with whom the first couenant was made, and to whom the law of circumcision was giuen; wee find to be neere 2000 yeares;Of the ages of the world. and likewise vnder the law, vntill Christ, about 2000 yeares; and now vnder Christ is aboue 1620 yeares, reckoning towards the last 2000 yeares.

Augustin writing of these ages, diuideth them into sixe, and reckoneth the first age to be from Adam to Noah; the second, from Noath to Abraham; the third, from Abraham to Dauid; the fourth from Dauid to the captiuitie of Babylon; the fifth, from the Captiuitie to Christ; the sixt and last, vnder the kingdome of Christ vntill the end of the world. Others there be that doe distribute the same into foure, according to the nature of foure kinds of mettals, the Golden, [Page] Siluer, Brasse, and Iron Ages: alluding to the Prophecie of Daniel, of the foure Monarchies. Others doe account, the same by thousands, or millinaries, according to certaine obseruations of 6000 yeares in the alterations of things. Others doe calculate according to the ages of men, supposing 100 yeares for an age; and so now being 56 ages and more, the number 60 or before the end of the world shall come. But, let vs obserue the true computation of the Church most generally approoued hitherto,Computation of ages by Scripture. and reckon from the Creation vntill Noah, 1656 yeares when hee entred into the Arke; and from the Floo [...] to Abraham, 367 yeares; and from the departing of the Israelites out of Egypt, 430 yeares; and from the departing to the building of the Temple by Salomon, 430 yeares; and from that time to the eleuenth yeare of King Zedekiah (deduced by Scripture) is 427 yeares. So the whole summe of these yeares commeth iustly to 3360 yeares. Hereunto 70 yeares being added of the captiuitie of Babylon, is, 3430 yeares, which are 790 Sabbaticall yeares, of seuen yeares euery Sabbaticall yeare, without any odde number; and from that time vntill Christ, there is no momentarie difference by Historicall account, whereof vnderstanding Merchants ought to bee informed, & all men take pleasure of this obseruation in their Almanacks.

From the Creation of the World,

A [...]no Dom [...] 1620.

vntill the last yeare—5582.

From the said Creation vntill the Flood—1656.

From the said creation, vntil the Birth of our Sauior Christ—3962.

Since Brute did enter the Iland of Great Brittaine—2727.

Since the building of the Temple by Salomon—2649.

Since the building of the Citie of Rome—2371.

Since the captiuity of Babylon—2258.

Since Iulius Caesar was slaine—1669.

Since the Birth of our Sauiour Christ, vntill the last yeare—1620.

Since the Conquest of England, by Duke William—553.

Since the beginning of the raigne of King Iames, the first of that name of England, vntill the 24 of March 1620, is 17 yeares compleate, but currant—18.

Concerning the yeare, there are many obseruations,Of the seueral beginnings of the yeare. and euen of the seuerall beginnings of it. And let vs note Obiter that the bodie (the soule of man consisting in the bloud) hath 365 veines, as residences agreeable to so many dayes of the yeare.

All our Almanackes or Kalenders beginne the yeare from the first day of Ianuary, albeit this beginning differeth in many other countries, which is conuenient for Merchants to obserue.

The Astrologians begin at the entrance of the Sun in Arijs, which is the 21 of March, at 12 of the clocke at noone.

The old Romanes did begin their yeare, ab Hieberno solstitio.

The Egyptians and old Iewes, from the 21 of March, with the Astrologians.

Those of Asia and India, ab aquinoctio Autumnali; being the 23 of September, at 12 of the clocke at noone. [Page] The Grecians of the longest day of the yeare. The Venetians of the first of March. The Spaniards from the Annuntiation of the Virgin Marie, the 25 of March, as England, Scotland, and Ireland. The Portugals and the East-Indies, Barbarie, Preste-Iohn, the 29. of August. Moses by Gods commandement, ab equinoctio verno, which is Easter; according to which,Easter day. Easter day was ordained vpon the full Moone, being the foureteenth day of the first Moone, after the Sunne entred into the signe of Aries, which is also vsed in Aegypt. Afterwards in the yeare of our Lord 328, the Councell of Nice did ordaine Easter day alwaies to be vpon the Sabbath day, or Sunday next after the full Moone. And the Bishop of Alexandria made thereupon a list, according to the Circle or Golden number of the Moone, beginning from the figure 1, vntill number 19; for that in 19 yeares the Moone maketh her compleate reuolution, & concurreth with the Sun: And if the number did fall out vpon a Sunday, then the Sunday after was Easter day,The List appointed for Easter day. according to this abstract; which is now altered by ten daies, vpon the alteration of the Kalender by Pope Gregorie the 13.

Golden number [...]

1. The 5 of Aprill.

2. The 25 of March.

3. The 13 of Aprill.

4. The 2 of Aprill.

5. The 22 of March.

6. The 10 of Aprill.

7. The 30 of March.

8. The 18 of Aprill.

9. The 7 of Aprill.

10. The 27 of March.

11. The 15 of Aprill.

12. The 4 of Aprill.

13. The 24 of March.

14. The 12 of Aprill.

15. The 1 of Aprill.

16. The 21 of March.

17. The 9 of Aprill.

18. The 29 of March.

19. The 17 of Aprill.

Reuolution of the Sunne and Moone.The yeare being exactly calculated according to the course of the Sunne, or Reuolution in the Zodiake through all the twelue Signes, consisteth of 365 daies, 5 houres, 49 minutes, and 16 seconds. And the reuolution of the Moone in her going course is 27 daies and about 8 houres, and in her returning course about 29 daies and one halfe, 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 [...]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, [Page] 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 b [...]. 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 An̄ 1568,The Golden number of king Iames and his royall issue. King Iames was borne in Scotland.

The 19 of Februarie An̄ 1594, Prince Henrie (deceased) was born, and dyed before 19 yeares.

The 19 of August An̄ 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 [Page] 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 Alteration of ten dayes, made by Pope Gregorie the 13.

IVlius Caesar the first Emperor of Rome, a man learned and of great magnanimitie, considering that the Romane yeares were reckoned confusedly according to the course of the Moone, & by the Hebrews [Page] with their intercalar moneth, to make the same agree with the Sun: By the counsell and instigation of Sosigenes, an expert Mathematician, about 44 yeares before the Birth of Christ, deuised a new fo [...]me of Kalendar, first framed after the course of the Sunne, diuiding the whole yeare into three hundred sixtie fiue dayes, and sixe houres, making it to containe twelue moneths, whereof the names are yet in vse; beginning from March for the first moneth; which caused September, October, Nouember, and December, to beare their names the seuenth, eightth, ninth, and tenth moneth; yet all yeares by the Almanackes putttng Ianuarie for the first moneth, beareth the name accordingly from the Heathen god Ianus, painted with two faces, as it were beholding the yeare past, and the yeare to come. Februarie was so called of certaine sacrifices then offered, called Februa; March, of Mars, an Heathen god; April,the denomination of the moneths. of the Spring Time, and the word Aperio, opening all vegetibles and other things; May, of Maya the mother of Mercury; Iune, a Iuniore, for that all the yong people had a meeting in that moneth for recreation; Iuly, of his owne name Iulius; and Augustus, for the inlarging of the Empire.

Now forasmuch as the odd six houres, could not conueniently bee brought to account euerie yeare: hee ordained that euerie fourth yeare one day should bee added to February, because foure times six houres maketh vp a whole day of foure and twentie houres, and the yeare wherein this odde day falleth,The Leape yeare. wee call commonly Leape yeare, hauing three hundred sixtie six dayes. And because it was added at the six Calends of March, it is named in Latine, Bissixtus, or Bissextilis Annus. Neuerthelesse Iulius Caesar did begin his Kalender in Ianuarie, when the Sunne entreth the eighth degree of Capricorne, eight dayes after the winter Solstitium, Solstitium. which then being the shortest day of the yeare fell vpon the twentie fiue of December. And the Spring Time Equinoctium, about the twentie fiue of March.Equinoctium. The which places of the Sunne are now changed and sliden backe in the Iulian Kalender, from the said obseruation of the Spring Equinoctium, as also from the Haruest Equinoctium (being about the twentie six of September) the longest day then falling out the twentie fiue of Iune, grounded vpon this reason of preuention of the Equinoctiall to the twelfth, eleuenth, and tenth dayes of the said moneths, and the thirteenth and fourteenth of September: But the chiefe cause proceedeth by reason that Iulius Caesar did reckon the yeare to continue three hundred sixtie fiue dayes, and six houres; which is more than the iust Astronomers calculation by tenne minutes of an houre, and fortie foure seconds, accounting sixty minutes to an houre, and sixtie seconds to a minute: so that the yeare truely containeth three hundred sixtie fiue dayes, fiue houres, fortie nine minutes,The difference as the account of yeares, for the errour. and sixteene seconds, as is before declared, which difference in the space of one hundred thirtie foure years or thereabouts, maketh one whole day; and in the space of one thousand six hundred sixtie foure yeares, [Page] being the time that the Iulian Kalender was set forth, vntill the last yeare, it commeth to twelue dayes, twentie two houres, fortie minutes, and twentie fiue seconds.

For this cause sundry learned men haue heretofore desired that the same may bee reformed, to auoid inconueniences, and to haue a true account of yeares and dayes. And the matter was propounded to diuers generall Councells, but tooke no effect, till now of late yeares, by meanes of Pope Gregory the thirteenth, in the yeare 1582, and then it was permitted to one Aloysius Lilius, (professor in Mathematicke Astrologie) to set downe this long desired Reformation; who being resolued to doe the same exactly by true account, was hindered by the Clergie, for they would not agree that the same should be drawne backe any further than to the time of the Nicene Councell, which was in the yeare 328: and hereupon hee brought the reckoning backe only ten daies, & caused the fifteenth day of December to bee called the twentie fiue day,Alteration of tenne dayes, and the inconueniences. which is but obserued in some places, and brought great controuersie in diuers countries: seeing the day of the Natiuitie of Christ, and other Festiuall dayes, and also dayes of keeping of Faires and Markets, are changed and holden tenne dayes before the accustomed time. And Merchants and others in making their Contracts and Obligations are often disappointed of their dayes of payment, with diuers other inconueniences.

Whereas men of true iudgement, might haue made this argument: Is it by the addition of Time, growing by certaine minutes and seconds euery yeare, arising to one whole day euery fourth yeare, in the moneth of February? Then, as it is increased thereby thirteene dayes in one thousand six hundred sixty foure yeares, it may by the same Rule decrease so much in few yeares,A true and good reformation of the Iulian Kalender. by leauing out, and suspending that one day, which is so added, vntil it come to his first institution and calculation of the Iulian Kalender; which may bee reformed in fiftie two yeares, beginning from the yeare 1620, being Leape yeare, and leauing out thirteene dayes, which is little more than one houre in the said, and is no perceptable difference; and after the said fiftie two yeares expired, to adde the said day againe, and there will not increase any one day more, but in one hundred thirtie foure yeares. And all the yearely obseruations may be accommodated accordingly.

I made an exact Table heereof, in the yeare 1604, whereby the day of the Natiuitie of our Sauiour fell out againe to bee the shortest day of the yeare. This Table was shewed vnto the Kings Maiestie of Great Brittaine (as I was informed) and howsoeuer pleasing, yet for some causes to mee vnknowne not held fit to bee established.

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CHAP. III. Of NVMBER, and the Mysteries thereof.

VNitie is the Spring and Fountaine of Numbers, which hath a reference vnto God, the only fountaine of Goodnesse, the onely Father, Creator, and preseruer of vs all. Heere let vs note, that the Philosophers haue not onely (with one consent) affirmed, That great mysteries and vertues are contained in numbers. But the ancient Fathers haue also obserued the same in the holy Scripture; as Ierome, Augustine, Origen, Ambrose, Basil, Athanasius, Hilarius, Rabanus, Beda, and others; amongst whom Doctor Rabanus hath made a booke of the vertues which are hidden vnder Number. And if there were no mysterie comprehended vnder Number, Saint Iohn in the Reuelation would not haue said, He that hath vnderstanding let him reckon the Number of the name of the Beast,Vie [...]ius generalis Dei, in Terris. D. C. L. V. V. IIIIII. which is the number of a man, speaking of Antichrist in the dayes of the Emperour Domitian, the tenth persecutor of the Christians, and the twelfth Romane Emperour, when the Latine tongue was most frequent, although he did write in Greeke, which number was 666 by significant letters. Now, as one is no Number, but vnitas; so there is but one God, one World, one Sunne, one King of Bees,Vnitas. and leader amongst Cattell. Number Two, is the first ofspring of vnitie, not composed, but in societie vnited, called the Number of Iustice, wherin many things are obseruable. The Two Tables of the Law;Duclitas. Two Cherubins vpon the Arke of Moses; Two Testaments; Two great Lights; Two Natures in Christ; Two Solstices; Two Equinoctialls; Two Poles, and many other things.

The Number Three is called Holy, and Tria sunt omnia, Trias. as the Philosopher faith, which diuers also doe acknowledge to be of great efficacie in all things; whereof Pithagoras, Virgil, Plini [...], Aristosle, Trimegistus and others, haue written copiously; the glory of all belonging to the three persons in the God-head, with the vertues of Faith, Hope, and Charitie. 4. & Quiuarias. In the figure of Foure many things are to bee noted, as the Foure Elements; the Foure originall Windes; the Foure Seasons of the yeare, &c. So of the Number Fiue, being the Medium of Tenne, which in Number figuratiue climeth no higher, without doubling in Letters or Figures, hauing this propertie,D [...]narius. that take nine [Page] from tenne, there remaineth one; take eight, there remaineth two; take seuen, there remaineth three, and sixe remaineth foure: All which remainders added together, make againe the Number Tenne, whereof the Number Fiue is equidistant. To speake of the fiue Senses, fiue fingers and toes, fiue sorts of creatures, and other dependences, would be tedious. The Number Six is not void of the like applications: but no number more vsed in holy Scripture (as perfect and compleate) than the Number Seuen,Numerus mag [...]a persectionis & virtutis. called Sacred, because God rested the Seuenth day, and did blesse and hallow the same. It was orda [...]ned in the Law, that amongst the people of God, euery Seuenth yeare should be held holy, wherein the land should rest from labour, and that libertie should be giuen vnto seruants, and bee called a yeare of Rest vnto the Lord. And by the like reasons it was instit [...]ted,Sabbathecall yeares. that the Israelites should number vnto them seuen Sabbaths of yeares, containing 49 yeares, and immediatly in the beginning of the 50 yeare following,Iubilee yeare. the trumpet of a Iubilee should be blowne the 10 day of the Seuenth Month. The sacrifices for the most part were offered by Seuens; the great feasts of Gods people lasted Seuen daies, and they did eat Seuen dayes vnleauenned bread at the Passeouer; Seuen weekes were reckoned betweene the Passeouer and Pentecost, and most of the feasts were in the seuenth Moneth. In a figure also did the Arke of Noah (which was a figure of Christ) rest vpon the Mountaines of Ararat in the seuenth Moneth: likewise it is said, Wisedome hath builded her house with seuen Pillars, vnderstanding the Church, with the gifts of the Spirit, which are figured by Seuen burning Lamps, and by Seuen grauen Candlestickes; The Stone mentioned by Zachary (which is Christ) hath Seuen watching eyes of God; and the Number Seuen so often vsed in the Reuelation of Iohn. To say nothing of the Seuen Planets running their courses; and amongst the fixed Starres, the Seuen called Pleiades, and other Seuen, Hyades; and the two Polar Images, called Vrsa Maior, & vrsa Minor, containe each seuen Starres; and many other obseruations of the said Number Seuen may be noted.

Some obseruations there are of the Numbers Eight and Nine. And for the Number Tenne, notice is taken of the Tenne Commandements; Tenne Curtaines in the Temple of Salomon; Tenne Strings vpon the Harpe, Tenne Musicall Instruments, and diuers other particulars.

The Number Twelue hath very great vse and concordance in the Scripture: the 12 Tribes of Israel, whereof 12 Stones were placed in the Riuer Iordan, and so many precious Stones vpon the brestplate of Aaron; so many Loaues offered; so many Altars builded, and so many Lions vnder the brazen Seas; so many fountaines in Helim, & so many men sent into the land of Promise; hereunto allude the Twelue Apostles, Twelue thousand Nations marked, Twelue Stars to crowne the Queene of Heauen, Twelue Baskets of bread gathered, Twelue Angels, and so many gates and stones of the heauenly Ierusalem; [Page] omitting to speak of the Twelue Signes of the Zodiake, and many other particularities touching the coherence of this number. Let vs note,Indians account of Time and Number. that some Indians and Heathen people at Guiana haue no diuision or account of Times and Number, they onely reckon by the moones, as one, two, three, foure, or fiue moneths; or by dayes in like manner: their numbers they reckon thus, one, two, three, and so to ten; then ten and one, ten and two, and so forth. And to shew their meaning more certainely, they will demonstrate the same by their fingers, 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 the signe. And when they appoint or promise any thing at a limited time, they will deliuer a little bundle of stickes, equall to the number of daies or moones that they appoint, and will themselues keepe another bundle of the like number; and to obserue their appointed time, they will euerie day, or moone, take away a sticke, and when they haue taken away all, then they know that the time of their appointment is come, and will accordingly performe their promise, which may be a president to many Christians.

Thus much may suffice to haue noted concerning Number, and the coherence thereof with Time. Now whereas God by his diuine prouidence hath made all things subiect to Number, Weight, and Measure, let vs in the next place intreat of weight and measures.

CHAP. IIII. Of WEIGHTS and MEASVRES vsed in all places of the world, with other obseruations.

HAuing intreated of Time and Number,The manner of Weights. wherein and wherewith God doth gouerne all things according to his determinate will and pleasure: Now in order let vs handle the description of Weights and Measures, whereby all wordly things are disposed of: which is most necessarie to be knowne, to giue euerie man his owne, and to buy and sell by; according to which all contracts and agreements betweene man and man (in the course of Trafficke and Trade for all commodities) are made, to distinguish Meum and Tuum, by the Law and otherwise, according to common consent of all Nations.

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All WEIGHTS are diuided into three sorts.

FIrst by the great number, that is to say, by Hundreths, Kintalls, Centeners, Talents, Thousands, Waighs, Skipponds, Charges, Lispounds, Rooues, Stones, and such like.

The second fort of Weights, is by Pounds, Mina, Manes, Rotulus, &c.

The third diuision of Weights doth consist in the smaller diuisions of 12, 14, 16, 18, 20 and 30 ounces to a pound, and the subdiuisions thereof.

The Talent of the Grecians 60 Minas,Talentum. euerie Mana 100 Dragmes, so a Talent is six thousand Dragmes, 8 of them to one ounce is 750 ounces. Another Talent of Greece is 16 Sestertios, being 40 Minas or Pounds of 18 ounces, as also of 20 ounces. In Aegypt it was 32 Sestertios or 80 Pound. The 50 Sestertios of Cleopatra are 125 ll. In Thratia 48 Sestertios being 120 Pounds. In Africa 24 Sestertios are 60 ll. differing also in the pound weight.

Cantar or Kyntall. Cantar or Kyntall, or Centener, called hundreths of 100, 112, 120, 125, 128, and 132 pounds. The Hebrews did call Cicar to bee 50 Minas or Maneg.

Weighs.Weighs are commonly 165 ll, or 180 ll, or 200 1/ [...] for acharge.

Skippound.Skippounds of 300, 320, 340, and 400 pounds the Skippound.

Lyspound.Lyspounds of 15 and 16 pounds to the Lyspound.

Rooues.Rooues or Arrobas of 10, 20, 25, 30, and 40 pound to the Rooue.

Stones.Stones of 6, 8, 10, 14, 16, 20, 21, 24, and 32 ll, and also 40 ll, as more particularly appeareth hereafter in their proper places.

Mixias.Mixias are also vsed, whereof we find mention made in some books, is ten thousand, and is commonly vnderstood for 10000 Dragmes of 8 to an ounce, and 12 ounces to the pound.

Markes. Besse.The pound is also diuided by Markes of 8 ounces, and Besse of 12 ounces; euerie ounce was amongst the Hebrews 2 Sicles, or Stater.

Sicles. St [...]ter. Gerag.Siclus is sometimes taken for an ounce, also halfe an ounce, and quarter of an ounce, which is Gerag, or Obolus.

Mina Ptolomaica is 1 ½ Rotulus which is diuided into small parts, viz.

18 ounces, of 12 to one Rotulus

144 Dragmes, of 8 to one ounce.

432 Scruples, of 3 to a Dragme.

846 Obulus.

1296 Lupes.

2592 Siliquas or Carrats.

Inna or Maa [...]g.Mina of the Grecians, otherwise called Inna or Maneg, is a pound.

12 ½ Ounces.

25 Staters or Ciclos.

100 Dragmes or Rosoli.

300 Scruples, 24 to an Ounce.

600 Obolus.

900 Lupines.

1800 Siliquas.

3600 Areola or Chalcos.

[Page]Rotulus in Arabia, Siria, Asia Minor, Aegypt, and Venice is 1 ll.

12 Ounces or Sachosi.

24 Septarios or Cicles.

84 Deniers of 7 to an Ounce.

96 Dragmes or Darchiny.

288 Scruples or Grana.

576 Obolus or Orlossat.

864 Danig.

1728 Carrats or Siliqua.

6912 Kestuff.

The 7 Deniers make an Ounce, and there were Dragmes also of 1 ½ Dragme, and of 1 ½ Dragme, and of one Dragme called Alby.

In the Low-countries the Pounds are diuided diuersly in 16 Ounces, euerie Ounce in 8 Dragmes, or fifths, and 8 parts; And in France they call them 8 Grosses, the 128 make one pound. In other places they diuide the pound in 12, 14, and 15 Ounces,Difference of Pound and Ounces. whereof the Pounds and Ounces both do differ, which is the cause that hereafter euerie countrie hath a declaration thereof.

At Bridges in Flaunders they vse Pounds of 14 Ounces,The Pound weight of Bridges. and of 16 Ounces, whereof the 100 ll of 16 Ounces make 108 ll of 14 Ounces; which Ounces of 14 to the Pound are heauier, for 100 Ounces of these are 105 ⅓ Ounces of the 16 to the Pound: which Ounces are diuided in halfe Ounces, or Loot, and euerie Loot in 2 Sizayns, and euerie Sizayne in 2 Dragmes or Quintes. The smaller proportions and subdiuisions of other places are as followeth.

Italian Pounds for physicke vsed in other places also.

12 Ounces.

24 Loot.

48 Sizaynes or Siliqua.

96 Dragmes.

288 Scruples.

576 Obolus.

1728 Siliqua.

5760 Graines.

The said Weight of physicke is at Lyons in France as the Merchants ll.

12 Ounces.

96 Dragmes.

288 Scruples.

5760 Graines.

The Pound weight of Venice.

12 Ounces.

72 Sextulas.

1728 Siliqua.

6912 Graines.

The Pound at Paris in France.

16 Ounces.

128 Grosses.

384 Scruples.

9216 Graines.

[Page]In Italie the Pound is also diuided

12 Ounces.

24 Staters.

96 Dragmes.

Vienna in Austria the Pound i [...]

32 Loott.

128 Quintes.

512 Pennings.

12800 Graines.

Forasmuch as it falleth out most commonly, that vpon triall of an vnknowne Weight, we doe beginne from the smallest Weight or Graine, and so ascend to the other proportions, and to the Pound, by comparing the same to our Graines and diuisions of the Pound,Differences of Graines. which in matter of mint for gold and siluer is of great moment, when the pennie weight is diuided into 24 Graines in England, and in the Low-countries into 32 Grains. Let vs note the great diuersitie abouesaid of 5760 Graines to 12800 vsed at Vienna and other places, proportionably to their pound; and consider how easily we may be ouertaken therein, whereof a more ample declaration is in the mint affaires.

There is also a great obseruation to be had in the correspondencie of Weights of one countrie to the Weights of another countrie, vpon the hundreth subtle, that is to say 100 pounds euen Weight. And because in England all wares of Volume or Bulck is sold, some by the hundreth weight of 112 ll, and some is sold by the pound, as spices, sugars, and such like, & yet are weighed by the said weight of 112 ll; and that moreouer there is an ouer-weight allowed called Trett which is 4 vpon the 112 ll, and also 2 ll vpon euery skale of 3 hundreth weight called Cloff, which is abated betweene the buyer and seller,Trett and Cloffe, and so there is a losse of weight by this Trett and Cloff: and especially because the commodities imported are bought by the weight of forreine nations; I haue thought conuenient to describe the said correspondence of Weight according to the 100 ll subtle of Antuerp, being generally knowne in all places: and for the Weight of London, to make some obseruations particularly.

The correspondencie of Weight of most places of Trafficke.

Antuerp.THe Custome of Antuerp is to weigh by the hundreth pounds euen weight called Subtle, for the which commonly there is allowed at the weigh-house 101 ll. A Stone weight is 8 ll, the Skippound 300 ll, the Weigh 165 ll, the Carga or Charge 400 ll, which are two Bales of 200 ll for an horse to carrie on either side, and the Pound is diuided into 16 Ounces.

The said 100 ll weight of Antuerp weigheth in the places following,

London.At London and all England—104 ll subtle weight, and of the [Page] Kyntall weight of 112 ll, it weigheth—91 ½ ll.

At Dublin and all Ireland also,Dublin. 104 ll and 91 ½ by the great hundreth.

At Edenburgh in Scotland—96 ll and all Scotland ouer;Edenborough. and 103 ⅓ for 112 ll.

The said 100 ll make 189 ½ Markes of 8 ounces, which are ounces Troy; wherewith Gold, Siluer, Pearles, Muske, Corrall, &c.

Diamonds are weighed by another weight, called Carrat:Diamond weight. which is also vsed in England, France, and other places. One Carrat is 4 graines in England; and with them about 5 graines, because as aforesaid they haue 32 graines to the English, being our penny weight.

The said 100 ll of Antuerp are correspondent with the 100 ll of Bruxells, Malines, Hartogenbosh, Louain, Arschor; but at Barrow op Zoom 98 ll.

At Briges also 100 ll. But wooll weight is 108 ll,Bridges. which are weighed by Stones of 6 ll, called Nayles, vsed also by the Skinners there, and maketh 114 ll English Wooll weight waying by foure nayles, whereof fortie fiue nayles make a weight, the two waighes make one pocket of wooll.

This 100 ll of Antuerp is but 93 ll at Bridges, in the waight of Butter and Cheese, waying by Stones of 6 ll, and 20 Stones is a waigh, and doe make also 189 ½ Markes of Siluer, Gold, &c. Troy weight.

The said 100 ll makes at Gaunde, Ypre, Dixmuyde, Hulst,Gaunde. Poperinge, Tornay, Ailst, Mirnow, for Hops and other wares 108 ll; and also in the Wallons countrey. And at Audinard, Cortryke, Lille, Doway, Santomur, and all Flaunders 110 ll.

The said 100 ll, of Antuerp make at Amsterdam but 94 ⅘ ll,Amsterdam. and for Silkes they vse the weight of Antuerp.

And all Holland, Gelderland, Walsland, and Sealand, it is 99 ll.Holland, Sealand, &c. And 110 ll onely at Zurickzea and Tergoes maketh 107 ll.

FRANCE.

The said 100 pound of Antuerpe Subtle, weigheth by the Kings weight,

At Paris—93 ll accounting 4 quarters of 25 pound to the hundreth.

Diepe, Abbeuile, Bourdeaux, Borgoingne, &c.—94 ¾ ll.

Roan—91 ll, by the Vicontee, accounting as at Paris.

Also by the ordinary weight—94 ¾, waighed by the same, and account 4 ꝑ cent ouer.

[Page]Lyons

111 ll Ordinary weight by Centeners of 112 ll.

102 ll Almeric, or weight of Genua, for Silkes, Saffron, and such like, weighing by small weights, and abating 8 ꝑ 100.

94 ¾ ll By the Kings weight, to pay Custome by.

A Charge, is 300 ll, a Quintall 100 ll, and a Somme is 400 ll.

Tholouze. 111 ll; euery Centener or Quintall, is 2 Frailes of 56 ll.

Auignon. 111 ll; euery Centener or Quintall, is 2 Frailes of 56 ll.

Montpellier 111 ll; euery Centener or Quintall, is 2 Frailes of 56 ll.

Rochel.—111 ll; and 119 ll by the small weight.

Calais in Picardy

111 ll Ordinary weight.

92 ll Merchants weight.

114 ll The English wooll weight.

Genua

102 ll Weight for Spices.

85 ll By the great weight. Carga, or Charge, is 270 ll small weight.

Marsellis.—111 ll.

Saint Antoine.—127 ll.

Aquismort. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.

Mirabel. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.

Calsada. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.

Offerte. 102 ll. And all France generally 111 ll. Lions weight are some 102 ll, or 94 ¾ as aforesaid.

SPAINE.

Seuill the said 100 ll are 107 ll by

Great Quintall of 144 ll of 4 roues of 36 ll.

Smaller Quintall of 112 ll, of 4 roues of 28 ll.

Lesser Quintall of 120 ll, of 4 roues of 30 ll.

Granada & Armaria bona

105 ll Is pound of 16 Ounces.

93 ll Silke and Copper weight of 18 Ounces.

54 ll Great weight for flesh, of 32 Ounces.

Castile.—102 ll.

Medina del Campo.—102 ll.

Burgos.—93 Rotolus.

Arragon.

106 ll.

96 ll, Great weight for wooll.

Barselona. 131 ll, Small weight for Saffron.

Valentia.

106 llBy Quintalls of 4 roues, of 30 ll for Spices.

134 ll By Quintalls of 4 roues, of 36 ll.

[Page]Carga is 3 Quintalls of 360 ll, and the greater of 432 pounds.

The said 100 ll of Antuerp makes in Spaine

At Leon.—109 ll.

Sarragossa.—112 ll, and smal Quintal 131 ll.

Lavalona, Sallanico & Magilica.—131 ll.

Vilaco.—80 ll.

The Ilands of the Canaries, and all the Ilands of Spaine vse the weight of Seuill, as aforesaid.

PORTVGALL.

The said 100 ll make 107 ½ Rotules or Araters by

The great Quintall of 128 ll.

The small Quintall of 112 ll, containing each foure rooues of 32 ll, and 28 ll.

There is allowance made, foure vpon the hundreth vpon Sugars; and 2 and 3 vpon Cotten wooll, and such like. The small Quintall is the weight of the contraction House of the Indies: Spice is weighed heereby, but all weighed by the great Quintall, and reduced vpon the lesse Quintall. One Quintall of Wax is 1½ Quintall of 112 ll, is 168 ll.

Madera 107 ½ Rotules, or pounds by the Quintall of 128 ll.

Cabo Verde 107 ½ Rotules, or pounds by the Quintall of 128 ll.

Santo Thomas 107 ½ Rotules, or pounds by the Quintall of 128 ll.

Guynea 107 ½ Rotules, or pounds by the Quintall of 128 ll.

Marocco in Barbary 107 ½ Rotules, or pounds by the Quintall of 128 ll.

Feas and Suus in Barbary 96 ll.

Calicut 80 Aracoles for the said 100 ll of Antuerp; here they sell by Baccar or Bahar, being at Lisbone 4 great Quintalls of 112 ll.

Baccar or Bahar is

4 Quintals for 120 Aracoles.

20 Faracoles of 32 ll ꝑ Rooue, at Lixborne is 5 Quintalls.

480 Aracoles.

ITALIE.

Venice, the said 100 ll, is—98 ⅔ ll great weight, wherwith Flesh, Butter, cheese, Leather, dates, Yearne, Copper thred, yron, Oyle, Brimstone, and Wooll are weighed, called, A la grossa:

And by the small weight, Allasotile—156 ll of 12 ounces, most vsed for all merchandises, euery ounce is six Saffi, euery Sassi of 24 Carrats, euerie Carrat is foure Graines.

[Page]They doe also weigh by thousands of 40 Mixi of 25 ll euerie one. And there is allowance made two vpon the hundreth, in the Custome house, they account also by Cargaos of 400 ll smal weight: Also by starre of 220 ll weight, howbeit star is Mensuralis, to measure according to the weight of the goods, as Ginger 180 ll, Raisons 260 ll, Corne 130 ll. Starre containeth 54 pottles of wine at Antuerp, Istria, Spalato, Sequia, Fiume, Piran, and Trieste, haue all the same weight, which the Venetians vse, as aforesaid.

The said 100 ll at

Rome. 132 ll.

Florence. 125 ll of 12 ounces.

Bolognia. 53 ll of 30 ounces, to weigh wax & wooll by roues of 10 ll.

Milan, Pauia & Cremona

143 ll, of 12 ounces most vsed.

132 ll of 12 ounces, being 13 of the other.

60 ll of 28 ounces for flesh.

Rechanate—137 ll, but to gold thred but 112 ll.

Treuiso, Padua, 137 ll, and 108 ll by the two Quintalls.

Ferrara, Ottrante, 137 ll, and 108 ll by the two Quintalls.

Vrbino, Lansan, 137 ll, and 108 ll by the two Quintalls.

Cesena, Bergamo, 137 ll, and 108 ll by the two Quintalls.

Verona 90 ll, and for gold Thred 143 ll.

Bressa 184 ll, and for Venice gold 136 ll.

Naples 120 ll, and for Venice gold 134 ll.

Romagna 120 ll, and for Venice gold 134 ll.

Carpi, Mirandola, The said 100 ll of Antuerp make 147 ll.

Parma, Plaisance, The said 100 ll of Antuerp make 147 ll.

Luca, Mantua, The said 100 ll of Antuerp make 147 ll.

Forli, Carmia, The said 100 ll of Antuerp make 147 ll.

Aquila, Crema, The said 100 ll of Antuerp make 147 ll.

Como, Piedmont. The said 100 ll of Antuerp make 147 ll.

Sauoy—137 ll, and small weight 195 ll.

Rauiano, Faenza, Modena, Rimano, Rauenna and Raguza, all 132 ll.

Genes by Roues, to a Quintall of 4 Roues and 4 ll ouer and aboue allowed, Pepper 110 ll, and Ginger 114 ll the Quintall.

Napoli de Reame 147 ll. 53 Rotulus the 100 to one quintal or Cantar.

Puglia, Calabria 147 ll. 53 Rotulus the 100 to one quintal or Cantar.

Macharon—147 ll. 53 Rotulus the 100 to one quintal or Cantar.

Sicilia all the Island ouer

152 ll of 12 ounces.

61 Rotuls of 30 ounces is a Cantar of 24 Sestertios.

54 Rotuls for flesh by Talents of 12 Sestertios, is 30 Rotulos.

[Page]Candia—

138 ll for gold threed.

89 Rotules, the 100 is a Cantar or Quintall.

Nigrepont 119 ll. 87 Rotules, the 100 a Cantar.

Griro 119 ll. 87 Rotules, the 100 a Cantar.

Laarta 119 ll. 87 Rotules, the 100 a Cantar.

Cataio 119 ll. 87 Rotules, the 100 a Cantar.

Lacaonia 138 ll, and 78 ½ Rotules.

Constantinople

87 ½ Rotules, the 100 a Cantar.

39 Ochaa.

Dragma they call Metallici of 2 ½ make 3 Dragmes of ours.

The said 100 ll make at Armenia 130 ll.

At Bursa in Natolia—88 Rotules.

Bucca—44 Ochas.

Damasco 26 Rotules, whereof the 100 make a Cantar, euery Cantar 5 Zurli or stones of 20 Rotules, a Riuola is at Antuerp 225 ll.

Tripoli 22 Rotules.

Bieritti 21 Rotules.

Suria 156 Minas, euerie one of 100 Dragmes.

Siria in Hebrew 80 Minas or Maneg, and 100 is a Talent of pounds 18 ounces.

Alexandria—

108 Rotules, the 100 a Cantar.

78 Minas of 20 ounces.

Kalla maketh at Antuerp 560 ll.

Molucco 88 Rotules, the 112 make a Cantar.

Arabia—

78 Rotules of 12 Sachosi, or ounces

148 ll.

104 Maires or Minas.

Almerica Malica—90 ll of 12 ounces, or 36 Minas Sestertios of 30 ounces, or is 60 Siclos.

Cyprus 20 ½ Rotules, the 100 a Cantar, and the 100 of Famiagosta are in all the Iland 104.

Rhodes 19 ½ Rotules, the 100 make a Cantar.

Scio: Fio 96 ¾ Rotules or Scrutari.

Corfu 97 ll great weight, and 115 ll small weight.

Leuante 26 Rotules and 156 ll.

Aegypt.

Alcario.

78 Minas of 16 ounces

164 ll.

27 Rotules of 6 ll euery one.

Sciba is at Antuerp, 320 ll, is Skippound.

Zeroi is 50 Rotules.

Forfori is 65 Rotules, is for Pearles.

Zaidin is 77 Rotules.

[Page]Muske and Amber is weighed by Metallici or Dragmes, and with Peso, whereof 1 ½ is Metallicum, the 50 are one marke, and our marke is 42 Metallici.

Suria

Tripoli 26 ½ Rotules.

Achri 17 ¼ Rotules, the 100, a Cantan Tambaran.

Aleppo and Aman 22 Rotules, the 100 a Cantar.

Euerie Rotule is 60 ounces, 8 Metecalo or Dragmes is the Rotulo, 480 Metecalos or Metalicos is euerie one 1 ½ Peso, and the 10 Pesos is an Ouga or Ongia, wherewith ciuet is weighed.

Archipelago 120 ll.

Nichosia 120 ll.

Barbarie

Arcadia

92 ll.

83 ll, for Mauigette.

Tripoli 63 Rotules.

Thunes 63 Rotules.

Oran

94 Rotules, the Cantar is 5 Roues of 20 Rotules

138 ll for spices, and the Cantar is 4 Roues.

50 Rotules for corne, euerie Cantar 6 Rotules.

61 Rotules for cotton wooll, 15 to a Cantar.

Vna

65 Rotules for cotton wooll.

75 Rotules for spices.

94 Rotules for corne.

Sus in Africa by the Quintall of 100 ll of Seuill.

Feas, the Quintall is 66 ll of Antuerpe of 18 ounces.

GERMANIE.

The said 100 ll of Antuerpe make as followeth, at

Norenborgh 92 ll of 16 ounces or 32 Loott, some by the Centener of 100 ll, and some of 120 ll.

Constance 92 ll of 16 ounces or 32 Loott, some by the Centener of 100 ll, and some of 120 ll.

Spiers 92 ll of 16 ounces or 32 Loott, some by the Centener of 100 ll, and some of 120 ll.

Bibrach 92 ll of 16 ounces or 32 Loott, some by the Centener of 100 ll, and some of 120 ll.

Collen—93 ⅓ ll.

Ausborgh all 95 ll.

Munchen all 95 ll.

Wisell all 95 ll.

Norlingen all 95 ll.

Salsborgh—111 ll by the small weight, and 83 ll by the great.

Meysen and all Saxonie

100 ll, Zigostatica is the Princes, weight, marke, pounds of 16 ounces.

96 ll Merchants weight.

148 ll of 12 ounces.

[Page]Frankford 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Hecdelborgh 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Lipsich 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Friburch 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Vlme, Isuff 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Offen of Offner 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Basle 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Costuts 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Dompstetter 96 ll, they do vse the Centener of 100 ll, 120 ll, and 132 ll.

Botsen 138 ll, ordinarie weight.

Adler 91 ll to weigh Steele, Tinne, and Copper.

Bresloo 120 ll by Centeners of 132 ll, and Stones of 24 ll, wherof 5 Stones make a Centener.

Silesia 120 ll by Centeners of 132 ll, and Stones of 24 ll, wherof 5 Stones make a Centener.

Poosen 120 ll by Centeners of 132 ll, and Stones of 24 ll, wherof 5 Stones make a Centener.

Prage, Canali 87 ll.

Passau, Gern 87 ll.

Regensborgh 87 ll.

Vienna 85 ll, a sum of quicksiluer is 275 ll of 32 Loott the ll.

Ersurd 85 ll, a sum of quicksiluer is 275 ll of 128 Quints the ll.

Idria 85 ll, a sum of quicksiluer is 275 ll of 512 Penning the ll.

Loosen—146 ll.

EASTLAND.

The said 100 ll of Antuerpe make at

Hamborogh—96 ll, The Centener is 120 ll of 10 ll to the stone, 300 ll to the Skippound, or 20 Lispound of 15 ll.

Lubecke—96 ll, The Centener 112 ll, the Stone 10 ll, & 32 stone to a Skippound, and the 20 Lispound of 16 marke pound is a Skippound also.

Coppenghen 96 ll as Lubecke

Berghen in Norway—96 ll, but very vncertain waighing with a sling.

Straelsont 92 ll, the stone 10 ll, and the Lispond 16.

Statin is 96 ll, small stone 10 ll, great stone 21 ll, the Centener 112 ll.

Stockholm in Sweden 120 ll, the Skippond is 320 ll, and also 340 ll as at Dansicke by stones of 34 ll.

Reuell 120 ll, and the Skippound is there 400 ll.

Dansicke 120 ll, 16 marke pound are one Lispound, and 20 Lispound one Skippound by the small stone of 24 ll for spices &c.

They haue also a great stone to weigh grosse wares, as wax, flax, and the like of 34 ll, whereof 10 to the Skippound of 340 ll.

Coninxborogh 125 ll, the stone is 40 ll, & 10 stones one Skippound of 400 ll, they doe weigh also 350 ll, for the Skippound of [Page] Dansicke which is very dangerous, besides that the citizens are much fauoured.

Meluin is 124 ll, the stone 40 ll.

Riga is 120 ll, and 20 a Lispound, & 20 Lispound to the Skippound.

Thoren 120 ll, the stone is 24 ll.

Nareca 120 ll, agreeing with the weight of Riga.

Wilde is likewise 120 ll, and 20 ll one Lispound.

Cracou is 124 ll, and the Centener is 136 ll.

The weight of the Last of corne.The Skippound is vsed in many places, and as in Italie and other countries a Carga or Charge is the loading of a horse of 300 or 400 ll: so the Skippound is taken for the lading of corne in a ship, Quasi Shippond, as a diuident of a Last of corne, and as a pound is diuided into 12 or 16 ounces, so is the ship-last diuided into 12 and 16 parts:Rie. As for example, at Dansicke 16 Skippound for the Last of 340 ll for euerie Skippound which is the Last of Rie, which is at Antuerpe 283 ll, so the said Last 424.5 ll: and of Wheate 4528 ll. At Riga and the Nerua 12 Skippound 4000 ll;Wheate. at Melvyn and Connixborough 5200 ll, in the Low-countries is 16 Shippound for Wheate at 300 ll maketh 4800 ll, and 14 Skippound for Rie is 4200 ll, so by the weight is the Last of Dansicke bigger and heauier than the Last of Amsterdam: and you see the difference of weight betweene Wheate and Rie. These pounds are called Marke Pounds, being of two marks to the pound, to be knowne thereby to be pounds of 16 ounces.

Obseruations concerning the manner of Weighing.

TO weigh with few peeces or weights, take weights of augmentation double, namely 1 ll, 2, 4, 8, 16, 32, and 64, making together 127 ll, and with these 7 peeces you may weigh all things vntill 127 ll: and with treble augmentations, as 1, 3, 9, 27, 81, 243, and 729 ll, vntill 1093 ll. But the double augmentation is more commodious for Germanie and England where the Centener of 112 ll is vsed.

There must be an especiall regard had concerning the Beames or Ballances for the iustifying of them: If it be an yron Beame trie the same emptie, and afterwards loaden with equall weights; and if it be a wooden Beame, it happeneth many times that the ends are not euen, or that the yrons about the ends are remoued more on the one side than the other; therefore trie the said Beame both emptie and loaden, and you may find a great difference in weight, which with knocking in the yron with a hammer may be remedied.

Whereas the weight of Antuerpe (whereupon all the aforesaid correspondencies are calculated) is bigger than the weight of London foure vpon the hundreth, which may be thought a benefit: the same is not so to be accounted, because of the Custome of 4 pro cento for Trett, allowed betweene the buyer and the seller, at London, which taketh away the benefit. This Trett is taken by diuiding your [Page] weight subtle by 26, otherwise you should allow as it were Trett vpon Trett.

The Romanes had a Custome,The maner of the Romanes to make their Wills and Testaments. to name or call euery mans Capitall, or Stocke, a pound, or As; diuiding the same into twelue ounces, euery ounce into 24 Scruples, 288 Scruples to the pound: Besse was ⅔ of the pound, or 8 ounces, Sextula of an ounce. Duellum of the pound is Bina sextula, or ⅓ part, Sicilicus is 6 Scruples, Dragma 3 Scruples. And so in the making of their Wills and Testaments, they put downe one to be heire of Besse, is 192 Scruples, two of an Ouncia is 1/12; part, or 24 Scruples, 3 of semissa is ½ a Scruple, 4 of Duello, is 8 Scruples; in all 368 Scruples, there being but 288 Scruples in the pound: so euery mans portion must bee ratably diminished according to the pound. Cicero made the Testament of Cesinna, ex devnce & senuncia, was 12/24 parts, and of Marcus Fuluius of 2 Sextula was 1/10. There is also Ebutio sextula, being 1/72, and so the Masse of their goods was described.

Of one pound of 12 ounces, Sextans is 2 ounces, Quadrans 3 ounces, Triens 4 ounces; and so accordingly the goods were distributed in equitie. By meanes whereof the Testators wealth was vnknowne, and when hee gaue more than the proportion Arithmeticall came vnto, the order was to reduce the same to the pound of 288 Scruples, by diminution of euery mans rate accordingly. The Custome vsed by many now to giue certainties, and the remainder in vncertaintie is to be preferred.

Weights for Moneys, and their correspondence for most places of Trafficke.

THere is an other weight, which is vsed in the Mints for Gold and Siluer, which is the marke weight of 8 ounces: This marke weight is heauier at Antuerp than their ordinary pound, by fiue vpon the hundreth.

This marke is diuided in 20 English, euery English 32 graines; so one marke is 5120 of their graines.

This manner of marke weight is vsed in most countries, howbeit in some places of Italy by pounds of 12 ounces otherwise diuided.

In England the pound Troy of 12 ounces is diuided into 20 penny weight, euery ounce, and euery penny weight into 24 graines, which in Antuerp vpon the marke is diuided into 32 graines. So the pound Troy of 12 ounces at London is but 5760 graines, whereas the marke of Antuerp being but 8 ounces is 5120 graines as abouesaid. Whereof we intend to treat more amply in our Second Part of the Law-merchant.

There is also vsed a penny weight, which is diuided; The marke in eight ounces, the ounce in 24 penny weight, and the penny weight in twentie foure graines, making the said marke of eight ounces to bee 4008 graines.

[Page]The Marke is diuided at Rome in eight Ounces.

The Marke weight of Rome.

The Ounce in 8 Dragmes.

Dragma 3 Scruples.

Scruple 2 Obolus.

Obolus 3 Siliquas.

Siliqua 4 Primi or graines; so euery marke is 4608 graines.

Meysen in Saxony.

Markes 8 ounces.

Ounce 24 penny or Deniers.

Penny 24 graines or Momenta, is also 4608 Momenta to the Marke.

Dansicke in Eastland.

Marke 8 ounces Is 512 in the mark.

Ounce 32 penny Is 512 in the mark.

Penny 2 Heller Is 512 in the mark.

Norenborough.

Marke 16 Loot.

Loot 4 Quintes.

Quints 4 Prime or Numulos.

Penny 4 Sestertios, is the marke 256 penny, or 1024 Sestertios.

France.

Marke 8 ounces Is 4608 grains the marke.

Ounce 8 grosses Is 4608 grains the marke.

Grosse 3 deniers Is 4608 grains the marke.

Denier 24 grains Is 4608 grains the marke.

Portugall.

Marke 8 ounces 288 graines to the marke.

Ounce 8 Oitauos. 288 graines to the marke.

Oitauo 4 ½ great Graines.

Venice.

Marke 8 ounces.

Ounce 4 quarts, or Silicos.

Quarta 36 Carats or Siliquas.

Carrat 4 graines, is 4608 graines to the marke, or 1152 Siliquas.

Florence.

Pound in 12 ounces 6912 graines the marke.

Ounce 24 deniere 6912 graines the marke.

Deniere 24 graines 6912 graines the marke.

| Gold. | Siluer.
Genua | Marke 8 ounces | Pound 12 ounces.
Oùnce 24 deniers. | Ounce 24 deniers.
Denier 24 graines. | Denier 24 graines.

Naples, a pound 12 ounces, and an ounce 8 Octany.

[Page]Besse, or old marke of the Romanes.

16 Loot or Tetradragmes.

21 ⅓ Tridragmes.

32 Didragmes.

64 Dragmes.

96 Obolus or Treobolus.

128 Triobulos.

384 Obolos.

768 Miobolos.

3840 Momenta.

The old pound of the Romanes, called Pondus.

64 Denarios.

128 Quinarios.

256 Sestertios.

640 Asses.

1280 Semilibellas.

2560 Teruncios.

Libra Romana.

12 Ounces or gilders.

84 Denarios.

168 Victoritatus.

336 Sestertios.

840 Asses.

3320 Quadrantes or Teruncios.

5040 Sextantes.

Wee haue declared heretofore the diuision of the pound weight for wares, and the correspondence of the hundreth pound, compared to the 100 ll Suttle of Antuerp. And now in the same manner wee shall note the correspondence likewise by the hundreth markes of Antuerp to all the said places or most of them, which is called the weight of the Duke of Burgundie, agreeable with the 100 markes of Bridges, and containing 14 ounces to the pound.

The said 100 markes of Antuerp make in all places following.

Saxony. Dansicke. 105 1/19 Markes.

Meysen. Milan. 105 1/19 Markes.

Collen. Vicenza. 105 1/19 Markes.

Treci. Lipsich. 105 1/19 Markes.

Mens. Vlme. 105 1/19 Markes.

Erfurd. Frankfoord. 105 1/19 Markes.

Grecia. Ausborough. 105 1/19 Markes.

Norenborgh. Bauiere. 103 ¼ Markes.

Franconia. Bambergh. 103 ¼ Markes.

Wessilbourgh. Fribourgh. 103 ¼ Markes.

Ancona. Triuiso. 103 ¼ Markes.

Roma. Crema. 103 ¼ Markes.

Venice. Verona. 103 ¼ Markes.

[Page]Piedmont and Turin—99 Markes.

Florence 72 pounds.

Aquila 71 ll.

Naples. 76 ½ Pounds.

Calabria. 76 ½ Pounds.

Puglia. 76 ½ Pounds.

Adler. 76 ½ Pounds.

V [...]enna. 87 Markes.

Hungary. 87 Markes.

Bothner. 87 Markes.

Bohemia. 87 Markes.

Bresla in Sileia 121 ¾ Markes.

Paris.

Lyons. 112 Markes, Merchants weight.

Genua. 102 ½ Markes, the Kings weight.

Genes.

116 Markes for gold.

77 Markes for [...]iluer or pounds.

Spaine 107 Markes.

Catalonia 100 Markes.

Burgas 116 ⅔ Markes.

Constantinople. 87 Markes.

Turkie. 87 Markes.

Africa. 87 Markes.

Narsinga. 87 Markes.

Perou. 87 ½ Markes.

Noua Spagnia. 87 ½ Markes.

Aegypt 94 Besses.

Persia 87 Minas.

The premises are applyed for our instruction in the handling of Mint affaires more at large.

Here followeth the description of the Measures.

WHereas all Commodities, Wares, or Stuffes made of wooll, linnen, silke, or haire, are measured by the Elle, or Yeard, which was taken vpon the measure or length of the arme, accounting the halfe Elle for Cubitus, diuided into foure quarters, and euery quarter into foure inches: wee shall also follow the elle at Antuerp, generally knowne and obserued in all places, in the correspondence and buying of forraine commodities by it, reducing the same afterwards to our elle or yeard.

[Page]The hundreth ells of Antuerpe make in the countries following.Correspondence of measurer.

ENGLAND.

London

60 Ells for linnen Cloth with the palme and thumbe measured.

75 Yards for woollen Cloth with the thumbe which is 1/36 of a yard.

59 Godes to measure Frizes or Frizadoes.

61 Elles Cords to measure Rowan Canuas whereof the Centener is 120 Elles, 10 Cords to a Centener of 12 Elles.

Scotland 72 Elles, and they reckon with fixe score to the hundreth, is 120.

THE LOVV COVNTRIES.

Antuerpe for silke wares is but 98 ⅔ Elles.

Bridges in the shops is also 98 ⅔, but for linnen is but 94 ½ Elles.

Gaunt all 98 ⅔ Elles, and all Flanders and Brabant accordingly, and not named hereunder.

Audenarde all 98 ⅔ Elles, and all Flanders and Brabant accordingly, and not named hereunder.

Ysenghem all 98 ⅔ Elles, and all Flanders and Brabant accordingly, and not named hereunder.

Damme all 98 ⅔ Elles, and all Flanders and Brabant accordingly, and not named hereunder.

Ipre all 98 ⅔ Elles, and all Flanders and Brabant accordingly, and not named hereunder.

Sluys all 98 ⅔ Elles, and all Flanders and Brabant accordingly, and not named hereunder.

Dunkercke 100 Elles.

Honscotten 100 Elles.

Cassell, Wynockxborough, Deyse, Lowe,

Bolducke, Bruselles, Diest, Louain make 102 Elles.

Lile, Cambray, Doway, Orsies, Meanen and Masiers 96 Elles.

Amsterdam 101 ¼. Harlem in the market 94 ½ Elles for linnen.

All Holland besides is 103 ½ Elles.

Henault 94 ½ in the markets, but in shops 98 ½ Elles.

Gelderland and Ouerry sell 104 ½ Elles.

Middelborough 100 Elles, and in the market for linnen 94 ½ Elles.

Flissingh 104 Elles, Vere 94 ½ Elles, Goes 97 Elles, Romerswall 99 Elles.

Artois all the whole prouince 98 ⅔ Elles.

Tourney 108 Elles.

Liege 114 Elles.

Maestricht, Asselt, 104 ½ Elles.

Namen, and Acon 104 ½ Elles.

Couyn but 70 Elles.

Hoye 102 Elles.

[Page]

FRANCE.

The said 100 Elles of Antuerpe make at Rouen 58 Elles, the Centener of Elles being 112 of 4 quarters of 28 Elles.

Paris, Rochell, and all France, the following places excepted, 59 Ells.

Nantes, Abbeuile, and all Picardie 84 Elles.

Lyons

60 Elles for linnen cloth▪

94½ Elles for silke wares.

Auignon

60 Elles.

36 Cannes.

Prouence—36 Cannes.

Marselles

36 Cannes for silke.

33½ Cannes for woollen cloth.

Geneua 60 Stabb.

ITALIE.

Venice 101⅔ Braces for woollen cloth.

Istrica 101⅔ Braces for woollen cloth.

Piran 101⅔ Braces for woollen cloth.

Venice 108 for silkes and cloth of gold.

Istrica 108 for silkes and cloth of gold.

Piran 108 for silkes and cloth of gold.

Florence

122½ Braces for silkes.

116 Elles for wollen cloth.

Rome

33 Cannes.

105½ for wollen cloth.

Luca and Raguza 120.

Ferrara, Modena, 107½ Braces.

Mantua, Perato, 107½ Braces.

Ancona, Cesena, 107½ Braces.

Bologna, Carpi, 107½ Braces.

Nigropont, Mirandola. 107½ Braces.

Verona

104½ Braces.

108 Braces of cloth of gold.

86 Braces.

Parma

109½ Braces.

91 Braces.

Rauenna, Scio, Corfu 116⅔.

Genes

122 Braces.

288 Palmes for silke wares, and 104 palmes is giuen for 34⅔ Elles.

32 Cannes for woollen cloth of 9 palmes the cane.

29 Canes of linnen cloth of 10 palmes to the cane.

[Page]Vicenza 98⅔ for woollen cloth, and 80½ Braces for silkes.

Naples 116 Canes and 33⅓ Canes.

Padua 101⅔ for cloth, and 83½ Braces for silke wares.

Milan

120 Braces Campido for linnen cloth.

141 Braces for silke, which must be conditioned.

Rauenna 113 Braces.

Bressa, Treuira, 101⅔ Braces.

Crema, Bergamo, 101⅔ Braces.

Rechanati, Vrbin, 101⅔ Braces.

Cremona, Lacaia. 101⅔ Braces.

Pesaro 103, and for cloth 107 Braces.

Sicilia, Palermo 34½ Canes of 4 pichy to the Cane.

Masilla—34½ Canes of 4 pichy to the Cane.

Gira 124 Pichy, Rama 115 Pichy, Salonici 109 Pichy.

Tripoli in Barbary 124 Pichy of 4 to a Cane.

Lavalona 111 Nigroponte and Lepanto 113 Pichy.

Alexandria, Larta 124 Pichy.

Siria, Damasco, Bruti 111⅓ Pichy.

Suria

Tripoli 112 Pichy.

Achri 115 Pichy.

Alepo 108 Pichy.

Aman 108 Pichy.

Bursa in Natolia 114 Pichy, Bucia 158 Pichy.

Constantinople

113 Pichy.

80 Pichy for canuas.

Archipelago 100.

Sapy—100.

Puglia

31 Canes for clothes.

33 Canes for silkes.

Calabria, Adler, Lansan, Malaca, Rhode, 33½ Canes.

Candia 108 Pichy, Sebenico, Zara 112 Braces.

EASTLAND.

Embden 122½ Elles.

Brema 122½ Elles.

Hamborough 122½ Elles.

Lubecke 120 Elles.

Munster 65 Elles.

Osenbrigh 63 Elles.

[Page]Wismar 118 Elles.

Rosticke 119 Elles.

Gripswoll 122½ Elles.

Domyn 122½ Elles.

Statin, Ockermond, 106 Elles.

Dansicke, & Melvyn, 122 Elles.

Connixborough 125 Elles.

Riga and Reuell 125 Elles. Narua 125 Arsins.

Sweden and Stockholm 125 Elles, but at Barrow vncertaine, for they measure the bignesse of your head with a rope for an Elle, and may be 120 Elles.

GERMANIE.

Collen 120 Elles.

Norenborough 105 Elles for silke and linnen wares.

Meysen

Lipsich 120 for cloth.

Ausborough 127 for cloth.

Franckford 125 for linnen.

Halle and Meydelborch, 105 Elles.

Prage 111 Elles, and for silke wares 120 Elles.

Breslo 111 Elles, and for silke wares 120 Elles.

Bautson 111 Elles, and for silke wares 120 Elles.

Vienna 77½ for linnen, 85½ for cloth and silke.

Ofner

119 Regenburch 78½ Elles.

130 Regenburch 78½ Elles.

Vlm 120, and for woollen cloth 96 Elles.

Ernfurd 165 Elles. Ienfer 60 Stabb.

Zurich 116½ Elles. Basell 125 Elles.

SPAINE.

Castill and Toledo, 85 Varas of 4 Quartos, euery Quarto 2 Palmes.

Cadez

81 Varas.

108 Elles for silke.

Andaluzia, Seuill, Granado 83½ Varas.

Barselona, Aragon, 43 Cannes.

Saragosia 33 Cannes.

Valentia 73 Cannes.

[Page]

PORTVGALL.

Lisborne

62 Varas.

83 Varas.

100 Couados for Silke Wares.

Maroco. Capo d'Algier 136½ Couados, of twelue to one Cane.

The Measure of wet Commodities.

THe Romanes in times past, called the wet Measure by Ounces,Difference between pounds or ounces, Ponderales and Mensurales. as wee doe the weight; accounting tenne Ounces Ponderales, for twelue Ounces Mensurales: so Sestarius Romanorum was eighteene Ounces weight Measure, and 21½ Ounces Mensurales, or wet Measure.

At Meyson in Saxony twentie Ounces Ponderales, make twentie foure Mensurales.

At Lypsich thirtie two Ounces wet Measure, to 26½ Ounces weight Measure; the difference of correspondence from fiue to six.

A Hogshead of Wine weigheth 500 ll, the Caske 50 ll: so in Wine 450 ll.

A Hogshead of Corne 400 ll, the Caske 50 ll, is Netto 350 ll in Corne.

So one Tunne of Wine weigheth Nett 1800 ll, and with the Caske 2000 ll.

And one Tunne lading of Corne 1600 ll, being in Caske also.

Two Tunnes are accounted for one Last: so two Tunnes of Wine 4000 ll and somewhat more;Obseruations for the lading of Ships by weight and measure. and in Hogsheads there should be but ⅔ parts of a Last.

At Dort in Holland, they call a great Vessell, a Rod of Wine, which weighed 4500 ll, as a Last of Corne; comparing these 4500 ll Mensurales, by reduction of six to fiue, are 3750 ll Ponderales, is 12½ Ames. Now if you account the gallon of Wine of Antuerp to weigh 6 ll, the capacitie of this Vessell is 15 Ames, being 750 gallons.

The Rod, is a Rod quadrant, of tenne foot long, and tenne foot broad, and one foot deepe, euery foot containing 7½ gallons Antuerps Measure, or 4⅔ foot Cubice.

The Romanes had a Measure called Amphora, of foure great feet, as are vsed at Paris, Cubice 64 foot of 11¾ of the Antuerp gallon: so you shall find the Rod of 750 gallons set downe for so many ounces; and tenne Mixiades for 1000 gallons Dorts, in the lieu of pounds.

[Page]Amphora, of the Romanes wet Measure, is 84 ll. or 72 ll. weight Measure, is 50 ll weight of Antuerp, and in—

Wine or raine water—50 ll.

Of diuers Riuer water—53 ll.

Oyle or Butter—45 ll.

Beanes and Pease—35 ll.

Linseed—39 ll.

Corne—40 ll.

Almonds—42 ll.

Raisins—49 ll.

Figgs and Chesnuts—67 ll.

Hony—75 ll.

Quickesiluer—850 ll.

Obseruations.Pease grinded weigh more than Corne, the roundnesse giueth cause to haue more roomth, and differeth from 7 to 9.

Warme water lighter then cold water.Warme water is lighter than cold water; and consequently the cold water, as the heauier, will sooner runne through a hole than the warme water, for the weight of the cold water presseth more.

Oyle and all greasie things are light, and therefore swimme aboue, and burne. Distilled waters are yet lighter, and will swimme aboue, the oyle, and also burne better, being more combustible.

The caske which is made for the keeping of wine doth differ much; in France, a tunne of two pipes, three puncheons, and foure hogheades, is euerie one of these six Ames of Antuerps measure.

In Germanie they call it a Fother, or the carriage of the drawing of two horses, is called a Voeder wyns, and they account 2½ Rodds for a fother of wine, or tenne French hogheads, euerie hoghead being an Ame of wine measure of Dort, whereby they measure and account their wines, namely the Renish-wines comming out of Germanie, whereof the Staple is kept at Dort aforesaid. An Ame is 100 gallons or stoopen, and euery Gallon is ten Schreaues, measuring thereby by the great.

Of the correspondence of Wine Measures..

THe correspondence of Wine Measure is taken vpon the vessell of 6 Ames Measure of Antuerp, containing 300 Stoops, euery Stoop weighing 6 pound called a Stone, which 6 Ames make in

FRANCE.

At Paris and Orleans—Foure Hog-heads, lacking ten Stoops, euery Hoghead 312 Stoops, and at Paris 36 Sextiers, euery Sextier foure quarts, euery quart two pints, is 288 pints or graines imitated as before, euery pinte is two Choppins or Obles.

[Page]Bourdeaux 4½ Hogsheads.

Lisborne 5½ Hoshgeads.

Auxere in Burgondy 3 Puncheons.

Poictou 2 Pipes¼.

Coniac 2 Pipes, or 4 Hogsheads.

Ay and Artois 4⅔ Hogsheads.

ENGLAND.

London 252 gallons, the gallon is halfe a bushell of Corne, and the Chus measure of the Grecians. So an Ame is 42 gallons of wine.

SPAINE.

Romani—Two Pipes of 150 Stoops, or 1 Butt and 9/20 euerie Butt, is at Antuerp 158 Stoops. They measure by the Rooue of 30 ll, is 5 Stoops of Antuerp, and euery Butt containeth thirtie Rooues, and the Pipes containe thirtie Rooues of 28 ll weight.

Seres or Sherry Two Pipes of 150 Stoops, or 1 Butt and 9/20 euerie Butt, is at Antuerp 158 Stoops. They measure by the Rooue of 30 ll, is 5 Stoops of Antuerp, and euery Butt containeth thirtie Rooues, and the Pipes containe thirtie Rooues of 28 ll weight.

Canarie—Two Pipes of 150 Stoops, or 1 Butt and 9/20 euerie Butt, is at Antuerp 158 Stoops. They measure by the Rooue of 30 ll, is 5 Stoops of Antuerp, and euery Butt containeth thirtie Rooues, and the Pipes containe thirtie Rooues of 28 ll weight.

Condado is 2 Butts.

Madera 2 Pipes lacking 16 Stoops.

Seuill 56¼ Rooues of Romani. A Rooue is eight Somer, euery Somer foure Quartils, euery Quartill is ⅙ of a Stoop of Antuerp.

They deliuer 27 and 28 Rooues in a Pipe.

But Oyle measure by 40 and 41 Rooues in the Pipe.

Ansoy or Bastard, 2 Pipes 16 Stoops for the said 6 Ames.

PORTVGALL.

Lisborne

37½ Almudas of 1½ Rooues of Seuill.

Euery Almudas is 12 Couados, or Somer, at Seuill.

Cauodo is 4 quarts.

Oyle Measure by Alqueri or Cantar, euery Alqueri 6 Couados, euery Cantar 4 Stoops of Antuerp.

Algarue 34 Starre.

ITALIE.

Florence 16⅔ Barrells of 20 Fiaschi, or 18 Stoop of Antuerp, the three Barrels is one Star, and Star is 54 Stoops Antuerp.

Rome 7 1/7 Brenten, euery Brent 96 Pockall or 13½ Rubes or stones of 10 ll of 30 ounces in one Brent, or 42 stoops of Antuerp for Hony, the pound is 44 ounces.

[Page]Candia 80 Mostaches, in Butt of 34 and 35 Mostaches of 3 ¾ Stope.

Bolognia 13 Corbes.

Padua 1 1/25 Cara. The Oyle is by Millier of 1185 ll, is at Antuerp 1100, maketh 152 Stopes in one Butt.

Venice 80 Mostati, the 38 make one Butt, and 76 an Amphora, 16⅘ Quarti Besontz measure the 4 one Bigontz Bigonts, is a French Hogs-head, one quart, eighteene Stopes of Antuerp. 15⅖ Quarti measure, Secchio, or small measure of foure Tischaufer.

Amphora

4 Bigonts, or Bigontines.

16 Quarti Bigots measure.

18½ Quarti Secchio.

Lagel, is a Puncheon, Amphora is two Ames, for Oyle they measure by Amphora also, and for Hony, but most by Milliar of 1210 ll.

Verona

1½ Cara.

14 Brentes, euery Brent 16 Basses.

Oyle by Milliar, of 1738 ll, is Brenten 8, & 11 Basses.

Ferrara, 12 Mastelli, of 8 Seccheio.

Vicenza, 1 1/26 Cara, the Oyle by the Milliar of Venice.

Treuiso, 11 Consi, the 10 one Cara.

Corfu 37 Zare, or Sare.

Zante 37 Zare, or Sare.

Istria, 15 Venas, Prian 12 Vrna, Tunes 60 Matali of 32 Rotules.

Tripoli in Barbary, 45 Metares of 42 Rotules.

Constantinopolis 180 Almes. 96½ Almes of Oyle, is at Venice a Milliar.

Calabria 8 Salmes.

Puglia 8 Salmes are French Barrels, Oyle also 8 Salmes, euery Salme, 10 Star, euery Star 32 Pignatoli.

Of the Correspondence of Beere Measures.

THe Barrell of Beere is made according to the Ame of Antuerp, and against spilling, accounted 54 Stoops in Flanders and Brabant.

The Barrell of Beere in Holland containeth 54 Stoops at Amsterdam 56½ Stoops, accounting 60 Stoops for 64 Flemish.

At London the Barrell of Beere 36 gallons beere measure, is 48 gallons wine measure. Euery gallon of Beere is iust two Stoops in Flanders, and at Amsterdam 1⅔ Stoops.

The Barrell of Lubicke, is iust 50 Stoopes of Antuerp.

The Fatt of Dansicke containeth 180 Stoops, of Dansicke is Antuerp 81.

[Page]

Old Measures of the Romanes.

THe Latins and ancient Romans had Doleum which was 1½, Culeus which was 2010 ll weight of Antuerpe.

Culeus did containe 20 Amphora, being Amphora 80 ll Mensurales, and Ponderales 69 ll, maketh the Culeus 1380 ll of Antuerpe.

Amphora (is yet almost in vse in all Italie and Germanie) was also called Cadus. Quadrantal being a Tubb portable betweene Tu of a great foot Cubice, also Ciraminium vini is as at London the bushell of corne of 8 gallons of wine, weighed 60 ll of Antuerpe. Vina is ½ Amphora Quod vrinet was a leaking bucket, also a tankard wherewith water is carried at London. Three Vrnas was 16 Stoops or a Sestier waighing 34½ ll.

Congius was a pottell of farewel, of 1½ stoope, or an English gallon, maketh at Meysen 3 pots, weigheth 8¾ ll. Campsaces is the same. Sextarius is ⅙ of Congeus, or about one pint of Antuerpe.

There was Sextarius Castrensis of double the measure, which was vsed in the warres to euerie souldier one daily, weighing 23½ ounces.

Hemina is at Antuerpe and Meyssen halfe a pint, called also Allabastrum. Triblium an oyle glasse weighed 11½ ounces.

Acetabulum was a goblet to bring vineger to the table of 3 ounces.

Ciatus, in Germanie Bacherline, is 4 spoone-full, or a small romerken weighing 2 ounces, is the bignes of the egge of a hen.

Culeus is

20 Amphores.

40 Vrnas of 4 Congios.

160 Congios of 6 Sextarios.

960 Sextarios.

1920 Heminas.

3840 Quartas.

7680 Acetabula.

11520 Clatos or Ciatos.

Measures of the Grecians.

MEtrices a metiendo, called Artaba by the Aegyptians, is 16½ stoop, or a Sestier, waighing 100 ll at Antuerpe.

Chus is Congius Romanorum, about 1⅓ stoope, a drinke of farewell which they did drinke one to another, weighed 8¾ ll.

Cotila is Romanorum Hemina (the Spartans in their feasts gaue no more to euerie one) is halfe a pint. The king had 2 waight 11⅔ ounces.

Quartanius is ¼ of a pint, weighing 5⅚ ounces.

Oxibaphum, is as Acetabulum of 3¼ ounces, or 1½ Ciatos.

Metreta Laconica was lesse, as Amphora of the Romans of 96 Cotilas.

Modios or Medimios is 8 stoops of Antuerpe.

Metretes is 12 Chus, or 144 Cotilas, or 576 Oxibapha of 1½ Ciatos.

[Page] Bats or Bathis is ½ Metretes, or 6 Hinas euerie Hina 8⅓ ll.

Logni is 5 Egges of ⅔ ll: there were three sorts of Egges vsed.

Measures vsed by Physitians.

Metretes is

72 Sextarios of 4 Quartas.

288 Quartarios or

12 Choas of 6 Sextar.

72 Sextarios of 2 Cotilas.

144 Cotilas.

288 Quartas.

576 Oxibapha.

864 Ciatos.

Ciatos is 1½ Ounces.

10 Dragma.

4 small Mistra.

3 great Mistra.

2 small Conchas.

⅔ great Conchas.

5 Chemas.

10 Cochlearia or Spoonfull.

Measures of Arabia.

Dorath is Albi, Romans Amphora, Iohem is Congeus Romanorum.

Dorath is

8 Iohem. Cophinus 3 stoop.

48 Kift. Mares or Pontes, 1 stoop.

96 Corbin. Dadix 4 stoops, measures of

192 Kesiath. Boetia.

384 Cassich.

376 Cuatum.

2304 Salgerin.

Artaba measure of Aegypt, is 72 Sextarios, of 72 Nations knowne (then in the world) to be, Collatum is 6 stoops, Chenix a stoop, Hidria is 9 stoops, Phiala or Briala is a guilt cup.

Of the correspondence of the Measures of Corne.

THe differences of the corne measures are verie necessarie to be knowne of all merchants and masters of ships, letting thereupon their ships to fraight; the Last (which is two Tunnes lading) being the ground-worke of it, vsed in all the harbors of the sea coasts diuersly. Foure and twentie small Barrels are accounted for a Last, as herring Barrels, being 18 beere Barrels, or 18 Ames of Antuerpe, which are three Tunnes of wine; and yet we reckon two Tunnes of wine for a Last, for two Tunnes of wine weigh the weight of a Last of corne, that is to say, one hoghead 500 ll, the 2 Tunnes 4000 ll [Page] accordingly, and 12 Hogheads of corne waighing 350 ll the Hoghead, besides the caske, is 4200 ll. But the corne is laden Ioose, and filleth the roome full. One pound of wheate containeth about 9 thousand graines of wheat; and the Last of 4300 ll, is so many nine thousand graines in a Last. The corne measure most knowne is in Latine Modius, a measure, in Germanie a Molder, in the Low-countries a Mudde, in France Muy: and the Last differing in so many places, it is not amisse to account the weight of a Last of wheat from 4200 to 4800 ll, the Last of Rie from 4000 to 4200 ll, the Last of Barley from 3000 to 3400 ll: Oats are yet lighter, which is the cause that the Oats measure is made bigger to counteruaile the weight. We shal take our correspondence vpon the Last of Amsterdam, best knowne euerie where, and where also all graines are measured alike. The Last of Amsterdam is 27 moyes, or mudden, euerie mudd 4 Schepel [...]s, is 108 Schepells to the Last: or a Last is 29 sackes, euerie sack 3 Achtelings, 24 small Tunnes to a Last as aforesaid, or 20½ meale Barrels, that is to say, one Last of meale is put into 20½ Barrels, because it becommeth more depressed than corne, or 15 ½ great Barrels which do containe more.

It is also to be obserued, that the difference of corne measure is of 6 vpon 7, also 3 to 4, and 2 to 3, and in some places one wil make two. And in many townes vpon the sea coasts they vse two sorts of measures, the one called the water measure, whereby the corne is measured on ship-boord (being alwaies the biggest,) the other is called land measure, because the corne is measured thereby in all markets, shops, or places where corne is sold.

The Last of corne of Amsterdam is at the following places.

DAnsick, e56 Schepells, whereof 60 there make a Last, the 4 Schepells make one Mudde, which is the Skippound of 340 ll. Embden 55 Werps, whereof 61 make the Last, or 15½ Barrells of 4 Werps.

Hamborough 83 Schepells, whereof 90 make a Last. Lubecke 85 Schepells, whereof 96 make the Last. Fameren 78 Schepells, whereof 96 to the Last. Heyleger hauen in Denmarke 80 Schepells, also 96 to the Last. Coppenhauen 23 small barrells, whereof 42 make a Last. Ebbeltorff Danic 23 barrells, whereof 36 to the Last. Nelleboghe 23 barrells, whereof 42 to the Last. Sweaden 23 barrells. Connixborough 6/7 of a Last, the 6 Last are 7 at Amsterdam. Melvyn 17/21 of a Last. Statyn in Pomerland 6/7 of a Last. Riga 42 Loops, Rosticke and Mecheborough measure of Lubecke Antuerpe 37 1/ [...] Vertules. Bruxells 10½ Mudden, and differing in all places of Brabant. [Page] Gaunt 4 Mudds, 7 Hal [...]ters of 12 to one Mudd is 55 Hal [...]ters. Bridges 17½ Hoot. Dunkircke 18 Rasiers water measure. Middleborough 40 sackes is 41½ to the Last in all Zeland. Dort 28 sackes. Roterdam and Delfe 87 Achtelinges. Schoonhauen 88 Achtelinges. Enckhuysen, Horne, Medenblick 42 sackes. Groeninghen 33 Mudds. Texell 58 Loops.

All other towes not scituated vpon the sea-coasts we doe omit, for this correspondence is made considering the lading of ships.

London and all England is 10¼ quarters make one Last; but in the ordinarie lading 5 quarters are accounted for one tunne lading. Calais 18 Rasiers doth agree with England. Roan 20 vntill 30 Mines, euerie Mine is 4 Bushels. Rochell 128 Bushels 4 to euerie Se [...]tier. Bourdeaux 38 Boissiaux, whereof 33 to the Last. Seuill 54 Hanegas, a Last is 4 Cahis of 12 Hanegas. Lyxborne 225 Alquiers, whereof 240 to the Last, or 4 Moyos of 60

Alquiers [...]o the Moyo, ano so in all the Islands of Portugall. Venice 32 Star. Genoa 23½ Mina. Sicilia 38 Medinnos of 6 Moyos. Puglia 32 Cara of 36 Timani. Cyprus 40 Medinnos of 2 Cipros.

Note that the corne doth so much differ in goodnesse, that the measure of Amsterdam will weigh of Eastland Wheat 156 ll, of French Wheat 180 ll, of Sicilia Wheat 224 ll, and of Africa 236 ll.

Of the Measures of Salt', correspondence and goodnesse of the same.

THe heauier the Salt is, so much the better; therefore old Salt which hath lyen long, and is setled, is the better, and will most increase to make Salt vpon Salt, in yeelding more naturally; in so much that in the boyling of it, you must obserue the wind, which is good at the North, but contrarie in the South. Salt will loose the first yeare betweene 8 and 10 in the hundreth, and afterwards but little. But for the Salt boyler, he looseth nothing, it is so much the heauier and better. Therefore in Eastland, at Riga and other places they sell their Salt by weight, 12 Skippound for one Last, and in some places 15 and 16 Skippound; wherefore if you haue new Salt deliuer it by the measure, and if old Salt then deliuer by weight.

Profitable obseruations about Salt.In the boyling or roasting of your salt, so called, it will augment or increase in measure according to the weight. New Spanish Salt from 100 to 135, 140 and more; and old Salt of 4 yeares lying made 100 to 200. This Salt is boiled by degrees, and is rough in the handling of it; for it is not driuen vp with a light fire, whereby it becommeth waterish and weake, uot strong enough to salt flesh withall.

[Page]The Salt of Portugall and Bruwage, increaseth 25 and 30 according to the goodnes: the white Salt being weake and of great grains, will lose much in the remoouing, and more in the carriage, by 8 and 10 p [...] cent.

To salt flesh withall, take of the slow boyled or roasted Salt, but make first his Brine, otherwise it will be too weake.

One great hundred of Salt is foure small hundreths.

We are to obserue the correspondence of Salt against one hundreth of Zealand, most knowne in all places: they measure their Salt with Barrels, 18 Barrels to a Last, and 7 Last to the hundreth, is 126 Barrells.

At Armuyden in Zealand, they reckon 8⅔ weighes for one hundreth, euery weigh is 11½ Sackes, euery Sacke foure Measures, and 15 weighs of Bruwage Salt make the great hundreth.

The Sackes of Salt of Armuyden, being 122 small Barrels for the 100 Sacke, make as followeth in other places.

Bruwage 4/7 parts of one hundreth of 28 Moyos, and 12 Sackes to the Moyo, also by Charges or Load; tenne load in the hundreth, and 48 Moyos or Muys to the Last, or 21 Barrell.

Lisborne 25 Moyos, Mary port 28 Moyos.

Saintubal 20 Cays. Calis 22 Cays.

Sanlucar 21 Cays.

Gaunt 108 Sackes or Barrels.

Antuerp 144 Vertels of 24 to the Last, and six Last to the hundreth, and the white Salt is measured with a lesser Measure of 12 vpon 100.

The said 100 Sackes of Salt of Armuyden in Zealand, make

At Dunkercke 92 Water-measures, or 104 Land-measures.

Ostend 98 Measures, Damme and Axels 102 Measures.

Bridges 104 measures, and Ypre 144.

Roterdam 100, whereof six make one Mudde of eighteene to the hundreth.

Amsterdam, Vtrecht, Deuenter, 102 Scheppels.

Calis in France 130 Barrels, 19 to the Last, but 20 by fraighting.

Roan, and almost all France 6½ Muys.

Hamborch 7 Last, whereof 80 Barrells maketh the hundreth.

Denmarke 6⅔ Last.

Sweaden 112 Tunnes or Barrels, 16 to the Last.

Embden 100 Barrels, 14 to our Last.

Lubeck 7 Lasts of 18 Barrels.

London 7½ Lasts of 18 Herring Barrels, but by Waighes 11½.

Venice and Prian 70 Mose.

The Measures of Woad, Hops, and Sea-coale.

VVOad of Thoulouze in France, made vp in Baskets of 56 ll weight, is at Antuerp 50 ll, London 52 ll. Foure Baskets [Page] are one Load and foure Bales, or 400 ll is reckoned for a Diars Triall, and at London they take foure Quintalls of 112 ll for a Triall, to know how many short Clothes of 24 yeards it will dye, which is commonly of Ilands Woad from Saint Michael 7 Clothes: And at Thouloze they account that Woad of 36 Frankes, or about 4 pound sterling, dieth 13 Clothes.

Cane in France they measure by a Tub, containing 8 Measures or Sackes, euery Measure 120 ll, is the Coope at Antuerp 1050 ll, accounted for a Triall, but is farre inferiour in goodnesse to Thouloze Woad.

Eldfoord in Germany, there one great Drifatt of 1200 ll is a Triall.

Hoppes were wont to be sold by the Measure, but now it is done by weight, namely the hundreth, or by a Skippound of Amsterdam of 300 ll, which comming much into England from the following places, is worthy the obseruation, albeit English Hopps are the best.

The Skippound of 300 ll of Amsterdam is—

Bridges 13 Hoett, but now measured.

Gaunt 23 Halsters.

Delft 40 Achtelings.

Schoonhouen 37 Achtelings.

Vtrecht 13 Muddes.

Bolduc or Hertogenbosh, 8 Hoet.

Harlem 2 Hoet.

Hamborough 1½ Wispell.

The Measure of Sea-Coale.

THis measure must of necessitie bee taken vpon the Chalder of New-castle, where the greatest quantitie of Coales is found: They measure there by the Chalder filled vp, whereof 7½ Chalders make one Last, and is measured with giuing twentie one for twentie, the correspondence is;

The Last of New-castle of 7½ Chalders, is—

London and Yarmouth 10 Chalders.

Roan 100 Barrels, giuing 104 for 100.

Bridges and Ostend 100 Measures for Oats.

Dort 12 Hoet, also by Waighes of 144 ll of 24 Stones of 6 ll.

Gaunt 144 Sackes, or 24 Muddes.

Alst 200 Muddes.

Antuerp 175 Vertels.

Condet 44 Muys, the 80 make a Cherke.

Zealand 68 Herring Barrels.

Middleborough by Waigh of 180 ll.

Amsterdam 13½ Hoet of 38 Measures.

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Rules to know the goodnesse of Sea-Coales

1 TAke your Coale and hold the same ouer a candle, or rather ouer a flaming fire, and if the Coale doe melt (as it were) drop or fry, then it is vndoubtedly good Coale; for this is an argument of his fattie and sulphurious nature, which ministreth store of food for the fire. But if the same grow hard and dry ouer the flame, it is a signe of a leane and hungry Coale, and such as will not cake or knit in the burning.

2 The brightnesse and glistering of the Coale, both within and without, is some argument of his goodnesse, albeit that some kind of bad Sea-coale, newly digged out of the Myne, and brought drie in Summer time, will both shew and breake faire, but most commonly if it breake in the colour or lustre of Pitch, it prooueth a good Coale to the buyer. But without all question, if the same bee of a darke, duskie, and dead earthly colour, it is vtterly vnprofitable for him that shall spend it.

3 The best and most assured proofe (except the making of a fire with them, wherein no man of any sense can easily be deceiued) is the lightnesse of the Coales in weight. This weight, as in many other bodies, so especially in water, doth either argue his purenesse or impuritie; for the lighter and cleerer waters are euer held the better and more wholesome, as least participating with earth: now by the weight of halfe a Pecke of the good ones kept by you, triall may bee made at all times, for bad Coale is much displeasing to all men.

Of the Weights and Measures of England.

COncerning weights, for difference in the ounces and the pounds, wee are to obserue the Troy weight,Troy weight. which hath but twelue ounces to the pound; and Auoirdupois weight, which hath sixteene ounces to the pound, which are lesser ounces; for these 16 ounces make but 14 ounces and one halfe, and two penny weight of the ounces Troy, vsed in the Mint, where 136 ll Auoirdupois Suttle weight, is but 100 ll Suttle Troy weight. So accounted in the last Copper monyes, of pence and halfe pence made for Ireland.Auoirdupois weight.

The Troy weight serueth onely for Bread, Gold, Siluer, and Electuaries, accounted eight pound to the gallon, and so by computation sixteene pound to the Pecke, 32 ll to the halfe Bushell, and 64 ll to the Bushell.

The Auoirdupois weight serueth to weigh Butter, Cheese, Flesh, Tallow, Wax, and euery other thing which beareth the name of Garbell, and whereof issueth a refuse or waste. So 7 ll of this weight to the gallon for Wheat, is 14 ll the Pecke, 28 ll the halfe Bushell, and 56 ll the Bushell.

[Page] Correspondence of the said weight.The 7 ll Auoirdupois weight, are one hundreth and two ounces Troy weight, according to which rate the quarter of Wheat must weigh 448 ll Auoirdupois; and 14 ll Auoirdupois, and 16 ll 11 ounces Troy, doe iustly accord, or 56 ll Auoirdupois, and 67 ll 8 ounces Troy: where note that one penny starling, is the twentieth part of an ounce Troy, the halfe penny and farthing accordingly. And that 7 ll 12 s. starling is 84 ounces and one halfe, and two penny weight of Troy. And 6 ll 18 s. starling, is 82 ounces 3 quarters of an ounce, and one penny Troy. From the which 2 Assizes, the white wheaten and houshold breads are calculated and drawne.

The measure drawne from the Troy weight.For the wet Measure is also drawne from the pound weight Troy, both by land and within shipboord, as also all manner of Corne and graine, that is to say, The weight of twelue ounces Troy in wheat, doe make a concaue or hollow measure named a Pinte, and eight of the same pintes make a gallon of Wine, Ale, Beere, and Corne, according to the Standard of his Maiesties Exchequer, and the Acts of Parliament 11 and 12 H. 7. But for the water Measure within Shipboord, there is allowed tenne gallons to the Bushell, which containe fiue Peckes.

The content of Caske.From this Troy weight and measure, is drawne also the Assize for the quantitie and true content of all manner of Caske, lawfull and vendible within the Realme of England, that is to say, Euery Hogshead to containe threescore and three Gallons; euery Tierce foure score and foure Gallons; euery Pipe 126 Gallons, and euery Tunne 252 Gallons.

Salmon, Herring, Eeles. Soap measure.There is also a measure called Salmon Butt of 84 gallons: so the Barrell of Salmon 42 Gallons, the halfe 21. The Herring Barrell is 32 Gallons, and the Eele Barrell 42 Gallons, and the halfe and Firken of both these must hold accordingly; the Soape Barrell 32 Gallons.

The weight of Cheese and Butter.There is also the true weight of Cheese and Butter, called the weigh, which is 112 ll Auoirdupois to the hundreth: so the two hundreth is 224 ll, containing 32 Cloues, and euery Cloue 7 ll: so the weigh of Suffolke Cheese is 256 ll Auoirdupois weight: but the weigh of Essex Cheese, is 336 ll.

The Sacke of Wooll.The Sacke of Wooll is 364 ll weight of Auoirdupois, two Weighes of Wooll make a Sacke, and 12 Sackes make a Last. But a Last of Herrings containeth tenne thousand,A Last of Herring. and euery thousand containe tenne hundreth.

Load of Lead.The Load of Lead is 175 ll; the Fother maketh nineteene hundreth and one halfe.

Concerning MEASVRES.

Yeard.THere is a yeard deriued from the Graines of Barley. Three Barley Cornes in length make an inch, and twelue inches one foot, and three foot to the yeard, and 16½ foot make a Pole [Page] or Pearch to measure land withall.Pearches. Albeit this Pearch doth varie in some places, being 18 and 21 foot. Of these Pearches 40 in length and 4 in bredth make the Acre of land or wood.Acre of land. Whereupon Plinie lib. 2. cap. 23. deriueth Stadium to be a Furlong,Furlong. which containeth 125 Paces, euerie Pace 5 Foot, the Foot is to containe 4 Palmes, and euerie Palme 4 Fingers bredth.

The bredth of silke Cypers, bending and Curld.

No. 6 is 3 Nailes broad, no. 8 is 3½ Nailes,Bredth of Cypers. and no. 10 is ¼ of a yard broad, no. 12 is 5/16 of a yard, no. 14 is ⅜ of a yard, no. 16 is 7/10 of a yard, no. 18 is ½ a yard broad. Note in all plaine Cypers they abate 10 vpon the hundreth, and so bring them from Braces into Flemish Elles, and in the curld they abate 25 ꝑ cent. and in bending 16 in the hundreth.

Genes silke by the Paune of 104 to the hundreth is ¼ 26 yards English.Of silke wares.

Bolonia silkes by Braces the 100 are 89 Flemish Elles.

Florence silke by Braces the hundreth 81⅔ Flemish, and 61¼ English.

Luca by Braces the ⅚ part of a Flemish Elle, or ⅝ of a yard English.

Venice by Braces the 100 are 95 Flemish, and 71¼ yards so Norenborgh.

Seuill by Varres the 100 is 123½ Flemish, and 92⅝ yards 74 Elles.

Roan by Elles the 100 is 125 yards, and 157½ Varres of Spaine. And the 110 Elles English is 135½ Varres of Spaine.

The 100 Elles Flemish is but 60 Elles English.

There are 8 Bushells in a Quarter,Corne measure as before. fiue Quarters to a Tunne lading, and ten Quarters a Last, but alwaies 10¼ or 10½ for a Last of Holland.

Salt fortie Bushels make a Waigh,Salt. water measure of tenne Gallons.

At Plymouth they measure by a Bushell, alien measure, whereof 24 make a Tunne, and eight make a Quarter, so three Quarters make one Tunne, and euerie Bushell is eighteene Gallons: so that a Tunne of Salt at Plymouth is bigger than a Waigh of London by 32 Gallons.

The Measures of Lands.

THe measuring of Lands in distance or length extending to miles, or the partition of Lands by Measures, Acres, Arpentiers, Bunderen &c. is done by a Measure or Road, which is diuided in 10, 12, 14, 16½, or 20 Foot: and the Foot is diuided in a certaine number of Ynches, 10, 12, or 16, which are also differing in bignesse.

[Page] Digitus or Finger, is in bredth 4 Barley corns laied close together.

A Thumbe or Inch is 6 Graines or Barley cornes, making two of them three.

Ouncia is 3 Fingers or 2 Thumbes.

Palma (in Greeke Doron) is 4 Fingers, is the 24 part of a mans stature.

Lichas or Dichas is a Span of a hand with the Thumbe and fore-finger, or ten Fingers; sometimes taken for two Palmes which is eight Fingers.

Orthodoron in Greeke is the length of a mans hand, or 11 Fingers.

Spithama or Span with the Thumbe and the little Finger is 16 Digiti or Fingers, also Greciaries 12 Fingers, is 3 Palma in Latin Dodrans.

Pes a Foot is 16 Fingers or 4 Palmes, or the ⅙ of a proportionated mans stature.

Pigme is 18 Fingers, so a Pigme is a tall fellow.

Pigori is 20 Fingers, called Cubitus, from the elbow to the fingers doubled.

Cubitus is 24 Fingers, or 6 Palmes, is ¼ of a mans stature or Sesquipes 1½ Foot, or 2 Dodrantes from the elbow to the point of the longest finger.

Gradus a step is two Foot, or 32 Fingers, as betweene both feet distant.

Passus simplex is 2½ Foot, halfe a remoue of the bodie.

Passus is a Pace, with 2 leggs making from the heele to the toe 5 Foot.

Orgia or a Fathome, is 6 foot, in Latin Vlna or 4 Cubicos.

Stadium is Aulus of 125 Paces of 2½ foot, is 312 foot. Greece 100 Paces was the running of one man with one breath, as Hercules did.

Diaulus is 2 Stadia Hippicon, 4 Stadia the running of a horse.

Dolicos is 12 Stadia, about the sixth part of a Dutch mile.

Signes, or Scena, or Funiculus in Aegypt is 60 Stadia, is an houres going, and euery man did draw the line going vp by boat.

Stadmos was a Posts iourney.

Miliare vel Leuca are diuers. But a Flemish mile is 1400 Roads.

Gradus Geometrorum, wherewith the world is measured round about, is 15 miles, so the world is 360 Gradus, in toto 5400 miles, or at 4 miles for one Geometricall mile, is 21600 miles.

The most commodious measure and more vsuall is the Road of 14 foot, rather than our pearch of 16½ foot, and one hundreth of these Roads are called a Line of land, and three line make a great Measure of land, so called by the name Measure, whereupon we now proceed.

A Line of land, lying one foot broad, the length of a mile, and a plough going one foot broad may be accounted to go a mile, the land square 100 foot for a Road, and the Line of land one Road broad is 10600 foot.

[Page]A Line square is 10 thousand Roads, or 33⅓ Measures as aforesaid.

For a Measure is 300 Roads, and square 17½ Roads, containing 58800 Foot.

This Road is called in Germanie Pertica making there 15 Foot, and in Flaunders accounting 1400 Roads for a mile is 10600 Foot in length.

A way one Road broad, is called a high-way for passengers Pedanticall.

A mile in length containeth 4⅔ Measures of land: the way of a wagon is accounted 9⅓ Measures.

Some in Flaunders do reckon 1000 Roads for a mile, but is of 20 Foot the Road.

Miliare was the distance or marching of a campe, without baiting, called Rastrum or Rastas, was 4000 paces.

The difference between miles is not to be reconciled, euery countrie hauing their owne computation, and that differing in most places within themselues.

In Saxonie a mile is 4000 Paces, in other places in Germanie 5000 Paces.

In France they call them Lieux or Leucas, and in a parleament there it was appointed to be 1000 turnings of the wheeles of a Wagon, wherof the formost made wheele was 12, and the hindmost 18 foot, which betweene was adiudged vpon 15 Foot, is of a Dutch mile but ¾.

In Spaine one Dutch mile maketh one mile and one halfe.

In England 4 of their miles to one Dutch mile, being there 1000 Paces.

In Italie 1000 Paces, wherof the 3 is a Duch mile.

Florence 3000 Braces for a mile of 6 Roads, is 1300 Roades.

Holland 2000 Roads is 5 Holland miles for 4 Flaunders miles.

In Aegypt their Cubitus Geometricus is 6 of our Cubits, they reckon by Scena which is a Spanish mile.

Persia Parasangia of 30 Stadia or Funiculi, they measure with 24 fingers the cubit, and Cubicus Regius is 27 Fingers.

The Romans did vse the Finger, Palme, and the Foot making foure Palmes.

In the measuring of lands and waies, diuers measures were by the said Romans diuided into 12 ounces, and the ounce in 24 scruples, and so they called a foot a pound, and 2 foot Dupondium.

The Emperors tables were foure foot square euery way, yet in vse in Germanie and the East-countries; but in England, France, and the Low-countries are longer than broad, is to sit 16 persons euerie where.

Iugerum is vsed as a measure in Castilia and about Rome, being an old measure. Iuger quasi Iunctus being one daies labour of two oxen at the plough, vno iugo Bovum, was the space of 240 Foot, broad 120, containing 28800, which is correspondent to one halfe great Measure [Page] of land, wherein they did also vse many diuisions and subdiuisions according to the pound weight.

Of the nature and diuersitie of Colours.

ALbeit that colours are not comprehended in themselues vnder weight and measure, yet because the quantitie of the stuffe wherby things are dyed, are done by weight, as you may note in the precedent obseruation of Woad; and for that merchants may giue the better iudgement of colours, knowing the nature thereof, I haue thought good (for varieties sake) to intreat thereof.

The nature of all colours is confined betweene White and Black, and the originall colours proceeding and relating to the middle of them, which is Greene, for so experience hath taught vs in progresse of time, by long obseruation, wherein by Art I haue found the truth by variation without the mysterie of dying, more certaine than Aristotle or other Phylosophers by reason haue conceiued, according to the Theoricke part by them described, which by the Practicke part I am assured of by experience as aforesaid.

The originall or primarie colours are seuen, as compleat in number, and all other colours are mixt and deriued from them according to the order following.

Albus, White easily conuerted by decay of nature.

Flanus, Yellow easily conuerted by decay of nature.

Puniceus, light Red, is neither Blew nor Purple.

Viridis, Greene, apt to be made into Blew.

Purpureus, Purple easily turned to Blacke.

Caruleus, Blew easily turned to Blacke.

Niger, Blacke, the true ground whereof is Blew.

All colours are light or obscure, Lucida vel Opaca, and they all (except Blacke) may be called light, as more or lesse partaking thereof.

In White is most light, and shadow or darknes least or none at all.

In Blew is the contrarie, most shadow and lesse light.

In Yellow is inward light and lesse obscuritie.

In Purple is the contrarie, inward obscuritie and lesse light.

In Greene, is equalitie of light and darkenesse.

In light Red, is more light than obscuritie.

So that for too much want of obscuritie commeth whitenesse, and for too much want of White or lightnesse, commeth blacknesse; and a cloth dyed Yellow being put into the Blew woaded vessell, maketh an excellent Greene.

There was light and darkenesse before the Planet of the Sunne was created, albeit the distinction betweene day and night is ascribed to the Sunne. Now the Moone hath no light, but what the Sunne doth impart vnto her, and the colours of the Raine-bow in the day [Page] time, being produced by the foure Elements, doe approoue these colours to be so in nature, whereof the Philosophers haue giuen a reason accordingly. But considering the curiositie of them, and especially of Aristotle, it is strange vnto me that they haue not made mention of the colours of the Raine-bow in the night time, when the Moone is at full, and opposite to the Sunne, which colours neuerthelesse take a reflection vpon the cloudes and obscuritie of the night, far differing from the colour of the Raine-bow in the day time vpon the declination of the Sun; insomuch that albeit all colours must be discerned by light, and so iudged accordingly, yet their operation doth differ very much, as may bee shewed. The propertie of all colours is to bee subiect to the ayre and Sunne, and all of them doe vanish; but in the blacke it is least seene, and is also the surest, hauing his ground vpon the blew; so it bee a blew substantiall of Woad or Indico, which is the extraction of the Herbe Glaustum, or Anill, in the East and West Indies like vnto our greene Woad; but the leaues of it are round and not long, howbeit the climate and ground make the maine difference.

There was of late yeares, two great controuersies at the Councell Table: the one concerning the dying of Black-silke,Dying of Blacke silke. called London Dye; the other concerning the vse of Log-wood, being a false glorious colour.

Concerning the London dye of Silke it was prooued, that one pound of 16 ounces was by sophistications of additements augmented to 32 ounces, and fortie ounces: which fraud commeth to passe, by reason of the gummy matter or substance whereof the silke was not purged for blacke dye, as it is in colours, whereby it made such an increase in weight. To preuent this abuse, a Corporation of Silke-men were made; and neuerthelesse, forasmuch that a reasonable increase of 8 ounces, doth looke fairer, and can bee better vsed, there remained a tolleration of this increase in London. The way to find out the fraud was by controlling the weight by measure, which by convulsion becommeth contracted: so that if the silke being purged decreaseth 16 ounces to 13 and 12, will moderately haue afterwards some increase; then this silke being measured by the yard in Skeanes, and marked with Leads, and so deliuered to the Dyar, must bee receiued accordingly without such contraction and decrease of length, by the increase of weight, these two controlling each other.

The indifferent course therefore, is the golden meane;Dying by the helpe of Logwood. so is it done concerning Log-wood, being good cheape and fit for dying of a faire colour, although vanishing, seruing for the poore people, wearing couse Stuffe, or vsing things of small value: that notwithstanding that the vse of it was prohibited, as well as the importation, yet now of late there is a competent quantity admitted to be vsed by Letters Pattent, and Proclamation.

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A Table of the Standard, for the true making of Woollen Clothes, according to the Waight and Measure declared by the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine, &c.

THe Sacke of Wooll appointed by King Edward the third, is distinguished according to the Lunare yeare of 13 monethes, of 28 dayes, making in all 364 ll, or 365 ll, for so many dayes in the yeare; the Todd of Wooll being 28 ll, for so many dayes in the moneth; and 13 Todds for so many moneths in the yeare; euery Todd containing foure Nayles, and euery Nayle being 7 ll, for the seuen dayes of the weeke.

This Sacke of Wooll is accounted to make 4 Standard Clothes of cleane Wooll, called Sorting-clothes, waighing 60 ll the Cloth, and being 24 yeards long, of 6 ½ quarters broad or thereabouts, within the remedy or allowance of 2 ll weight vpon a cloth.

In the weight is to be obserued, that the clothes be well scoured, thicked, milled, and fully dryed.

In the Measure likewise, that the same be measured by the yeard and inch, within the List, concerning the breadth, according to the said Statute made of all the seuerall sorts of Clothes made in diuers Shires, Viz.

Broad. | Weight, | and Measure.
Kent, Yor. & Read. clothes of 6 ½ quarters | 86 ll | 30 & 34 yeards.
Suffolke, Norffolke, and Essex of 7 quar. | 80 ll | 29 & 32 yeards.
Worcest. Couent. and Heref. of 6 ½ quar. | 78 ll | 30 & 33 yeards.
Wilts. Glocest. Oxon. Somers. of 7 quar. | 76 ll | 29 & 32 yeards.
Suffolke sorting Clothes broad 6 ½ quar. | 64 ll | 23 & 26 yeards.
All sorting Clothes of diuers shires 6 ½ q. | 60 ll | 24 & 26 yeards.
B. Cloth, Tauntons, Bridgewaters and Dunstars—of 7 quar. | 30 ll | 12 & 13 yeards.
Broad & narrow of Yorkshire of 4 quar. | 30 ll | 24 25 yeards.
Deuon. Kerseys and Dozens—of 4 quar. | 13 ll | 12 13 yeards.
Check. Kerseys, straict & plain grayes 4 q. | 24 ll | 17 18 yeards.
Ordinary Penistone or Forests 5 ½ quar. | 28 ll | 12 13 yeards.
Sorting Penistones of 6 ½ quar.— | 35 ll | 13 14 yeards.
Washers of Lankyshire and others— | 17 ll | 17 18 yeards.
Clogware, Kend. Karpnuales at pleasure, |  | 20 at the lest.

The manner of making of all Woollen Clothes, and workemens orders, with the viewing, searching, and the forfeitures or abatements, may at large be seene by the said Statute: being an Epitome of all former Acts concerning the indraping of Wools, appointing wherein Flockes, Thrums, or Lambs wooll may be put.

[Page]

Obseruations concerning the said Weight and Measure of Clothes in generall.

THat all Substantiall things, either dry or liquid, are by Diuine prouidence subiect and gouerned by Number, Weight, and Measure.

That Weight and Measure doe controle each other, and that Number giueth denomination to them both, to discerne truth from falshood, as aforesaid.

That the weight of a Cloth is more to be regarded, than the Measure, because the weight containeth substance; which is abused by stretching it in measure.

That according to the Standard of Clothes, there must be allowed or accounted two pounds and one halfe of Wooll, to make one yeard of the abouesaid Clothes.

That the Statute of Clothmaking, hath had a consideration to make an allowance or abatement for Draped, Dressed, Rowed, and Sheared Clothes, which is fiue ll in a Long-cloth, and foure ll in a Broad-cloth, besides the remedy of two ll.

According to this Rule, his Maiesties Custome for Cloth and Carseyes, &c. ought to bee payed, equalizing the said Custome of Cloth, with the Custome of Wooll, according to fortie shillings the Sacke, payed in the time of Queene Mary; which is to bee done according to the weight, and not according to the measure, as heretofore hath beene partly done. And the weight will cause Clothes to be better made, according to the Statute whereunto the Reformation must be reduced, which will be beneficiall.

Benefits which will arise by the true making of Clothes in England, according to the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine.

THe Cloth of the Realme shall recouer his former estimation, which euery Merchant (weighing his Clothes) will cause to bee obserued, according to the said rule and proportion betweene weight and measure, whereby the stretching and falsifying of Cloth will be controlled and preuented, especially if this demonstration (here set downe) shall direct the buyer of Clothes. And the like may be made for Carseyes and all other woollen commodities, according to the said Statute.

The Cloth being truely made, will be more vendible beyond the Seas, where many complaints are daily made of the false making thereof; which the Clothier cannot but know, vpon so many Certificates for Tare as are abated of them to their losse: euery Merchant looking more to buy good cheape, than to buy good Cloth, feeding false making by it, which commeth to passe more by ignorance than otherwise.

[Page]The Clothier finding the Merchant by these meanes able to controll him, will endeuour to make true Cloth, and the Officers to suruey it will be more carefull, and not send the Clothier their Leads and Stampe, and so they be payed, neuer looke to take paines to view the Cloth; hereby trafficke will increase for the generall good of the Realme, and his Maiesties Custome will be duely payed, according to the said Statute, and all will tend to the glory of God, and honour of the King, in all Equitie and Iustice to bee obserued in all well gouerned Common-weales.

Weights and Measures controll each other.Wee may perceiue by the contents of this Discourse, how weight and measure doth controll each other: compare your measure of Corn with the weight, as before is declared; your length of Clothes with the weight as aforesaid; nay your wet Measures, with your dry Measures of all things of that nature, and experience by obseruation will teach you to distinguish truth from falshood, and how to know the goodnesse of things; if Spices become light, then the weight will shew it, because the substance is dryed vp; which to preuent is wisedome and no deceit: For as the Element of ayre is the cause of putrifaction, so the excluding of the same in many things, is a preseruation, and so is likewise the preuenting of drinesse. But to end this Triall of measure and weight, let vs obserue the Italians by weighing and measuring of their Silke wares. A yard of Satine weigheth foure ounces, being truely made, and if it bee aboue, they take the same to be ouergummed, and not truely made, and so if i [...] weigh lesse.

CHAP. V. Of the three Essentiall Parts of Trafficke, namely, Commodities, Money, and Exchange of Money by Billes of Exchanges.

ALL the trafficke and commerce betweene Nation and Nation, or man and man, is performed vnder three Simples, which are properly the Essentiall parts of Trafficke: Namely, Commodities, Money, and Exchange for Money by Billes of Exchanges: which is effected by Number, Weight, and Measure, according to the former obseruation.

A Tripartite Exchange.And herein is to be considered a Tripartite Exchange, That is;

[Page]Commodities for Commodities.

Commodities for Money, and

Commodities for exchange of Money, by Bills of exchange.

For some Merchants do negotiate all for Commodities, others all for Money, or Exchanges, or for all three or any of them which yeeldeth them most benefit and gaine: and herein is their particular profit, or Priuatum Commodam, more respected than the generall good of the common-wealth, whereby corruptible and vnnecessarie commodities are giuen for Staple wares and durable commodities, to the impouerishing of kingdomes and common-weales. And not only is this commutation or exchange abused in kind, but also in the price, paying too deere for the one, and selling the other too good cheape: whereby commeth an ouer-ballancing of Commodities in price and qualitie, and not in quantitie; whereby in effect,Ouer-ballancing of Commodities. Moneys are giuen to boot, and as it were ouer and aboue the reasonable estimation of things; and herein is the course of Exchanges by Bills predominant, and ouer-ruling both the course of Commodities, and Money, as shall be at large demonstrated hereafter.

For the said three essentiall parts of Trafficke are properly the Bodie, Soule, and Spirit of Commerce, The Bodie, Soule, and Spirit of trafficke. and haue their opperation accordingly.

The first as the Bodie vpheld the world by commutation and bartring of Commodities, vntill Money was deuised to be coyned.

The second, as the Soule in the Bodie, did infuse life to trafficke, by the means of Equalitie and Equitie, preuenting aduantage between buyers and sellers.

The third, as the Spirit and facultie of the Soule (being seated euerie where) corroborateth the vitall Spirit of trafficke, directing and controlling (by iust proportions) the prices and values of Commodities and Moneys.

True it is, that this Spirit and facultie of the Soule, namely the Exchange for Money, taketh his originall from the Soule, which giueth life to the bodie of trafficke; that is to say, The exchange for Moneys by Bills of Exchanges, is grounded vpon Moneys, and Moneys were inuented and made by common consent to be the rule and square to set a price vnto all things, and the right and true judges of them; and is therefore called Publica Mensura, Money the publicke measure at home. or the publicke measure between man and man. But since the manner of Exchange was inuented betweene nations and nations, or countrie and countries, Moneys did onely remaine the publicke measure within the realmes or commonweales of euerie countrie, betweene man and man, according to the valuation of Princes and States imposed vpon Moneys: and the Exchange of Moneys by Bills became Publica Mensura betweene vs and forreine nations, and between all nations in the course of commerce,Exchange for Moneys the publicke measure betweene nations. according to which Exchangeal Commodities are bought and sold. And albeit that the aboundance or quantitie of Commodities, and the many or few buyers, or the scarcitie of Commodities, causeth [Page] the prices of Commodities to rise and fall; and likewise that plentie of Money maketh things deere, and scarcitie of Money maketh them good cheape, as a propertie inherent vnto Money as a true measure: yet we must obserue in true order, That both Commodities and Money are Passiue,Commodities and Mony are things passiue. since th'exchange was inuented, which is only Actiue, and that in countries where all the essentiall parts of trafficke are vsed. But howsoeuer, the Maxime is to be obserued in the auoyding of the said ouer-ballancing of Commodities in price and qualitie. Marcus Cato therefore saieth aduisedly: ‘Oportet patrem familias esse Vendacem, non emacem.’

A prince therefore (as the father of the common-wealth) ought to be a seller and not a buyer, which commeth to passe when the expences of his common-wealth do not exceed his incomes and reuenues: this to be effected by keeping a certaine equalitie in the trafficke betwixt his kingdome and forreine nations.Natural riches Artificiall riches. For riches being naturall, or artificiall, and both subiect to Number, Weight, and Measure, requireth a certain equalitie in the true cōmutation of things between vs and other nations.Iustice distributiue and commutatiue. And justice being distributiue & commutatiue, euerie man of iudgement knoweth, that this part is comprehended vnder justice commutatiue; and that all trafficke consisteth of the land Commodities▪ Land Commodities. Sea Commodities. and of the Commodities of the seas, and lastly of the Commodities of other countries and nations. For God caused Nature to distribute her benefits or his blessings to seuerall clymats, supplying the barrennesse of [...]some things in one countrie with the fruitfulnesse and store of other countries, to the end that interchangeably one common-weale should liue with another.

These Aphorismes or selected points are of great importance: for (as is noted before) gaine being the scope of all merchants, is procured without regard had to the common-wealth; the wealth wherof cannot properly decrease but three manner of waies,Proper causes of the decrease of wealth in a State. namely by selling our home Commodities too good cheape; by buying the foreine Commodities too deere; and by the transportation of Monys in specie, when the exchange of monys doth not answere the true value of it, by Bills of Exchanges; as shall be plainely demonstrated.

Exchange the Rudder of trafficke.For this Exchange is the Rudder of the ship of Trafficke, fastened vpon the Parallel of the keele of Equitie, which doth rule and direct the said ship vpon all the variations of the Commodities of all countries. Many men knowing that the Rudder doth gouerne the ship, can notwithstanding giue little reason of the cause of it, but admire to see so small a piece of timber haue so great an operation; yet no man is so foolish as to attribute that power vnto the sailes or any other appurtenances of the ship, or to the maine bodie of it called the hull of the ship. Great is the error therfore of those that will ascribe any effectual operation to the quantitie of Commodities, albeit there was a trafficke and commerce without either Money or Exchange for Money, when the course of it was like a ship sailing without Rudder or Compasse.

[Page]Money may well be compared to the Compasse,Money as the Compasse of a Ship, and Exchange the Rudder. hauing so manie variations vpon the seuerall standards of the coines of all countries, and changing continually from time to time in valuation; Princes and Common-weales taking aduantage one against another, either to draw treasure into their Kingdomes and Territories, or to aduance the price of their countrie Commodities. And Exchange may properly be compared to the Rudder of a Ship, which commandeth the directions of the Compasse accordingly, and so doth the Exchange command the course of Money: for let the standards of Moneys be altered either in weight, finenesse, or valuation, the Exchange by altering the price (with great facilitie) according to equity is able to meet and ouer-rule them all, as shall be declared in the progresse of this booke.

The learned haue determined,Principles or Axiomes what they are &c. that no argument or disputation is to be maintained with those that will denie Principles, which by reason and common consent are indisputable, and stand of their owne authoritie: for by an vndoubted Principle or Axiome we know, That the whole is bigger than his part, that two is more than one, and that two equall things being equally diuided into 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 [Page] 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 [Page] 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 patri [...] 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 and weal publicke.

Hereupon replication being made by the King; fault was found of the generall dearth of all things within his Realme, without any scarsitie of the said things seruing for the backe and belly, which wee doe attribute vnto you Husbandmen, said the King,Food deere and no dear [...]h for food is deare, and yet there is no dearth. The Husbandmen did excuse themselues, and laid the fault vpon the Noblemen and Gentlemen for raising of their rents, taking of Farmes into their hands, and making of Enclosures. Nobleme [...] and Gentlemen did impose the cause vpon Merchants and Artificers for selling things dearer than in times past, which caused euery man to make the most of his owne, according to his profession; wherein the Artificers were easily dispensed withall, considering their labours, and Workemens wages, buying also al things dearer. So that the fault did wholly remain vpon the Merchants, who haue the sole disposing of all Commodities exported and imported for the good or hurt of the Commonwealth; [Page] which caused the King to enter into consideration of the aforesaid three Essentiall Parts of Trafficke, namely, Commodities, Money, and Exchange for Money by Bills of Exchange.

And ingeniously perceiuing, that the vitall spirit of trafficke did consist in the matter of exchange for monyes, because the same is the publike measure betweene Nation and Nations, and that gaine was the radicall moisture of commerce, which had his effectuall power in Exchanges: his Maiestie thought good to call diuers Merchants to the consultation of this businesse (being within their element) to heare their opinion how to remedy the said inconuenience.

Three manner of Merchants.Whereupon his Highnesse obserued three manner of Merchants: The first (which were the greatest number) were ignorant of the fundamentall reasons of Exchanges, and being carried with the streame, neuer tooke notice of it, but were guided therein by ignorant Brokers of Exchanges, according to the rule of forraine Nations, The second sort of Merchants, were those that did altogether practise to make a benefit by Exchanges and Transportations of Monies, and neuer did deale in Commodities at home or beyond the Seas, and these would not confesse that there was any abuse committed by exchange. The third sort of Merchants (being the smallest number) were men of wisedome and experience, and yet they found the matter of Exchange to bee a mysterie, vntill examination of the properties thereof, and then (like good Patriots) they tooke a care for the welfare of the Common-wealth. The first sort, he did not regard because of their ignorance: The socond sort he did compare vnto Vinteners,Offenders vnfit to make Lawes. who are not fit to be called to be Assistants in making of Lawes against drunkennesse, and so reiected them: But the third sort hee did imbrace as worthie Counsellors to reforme abuses; and some of these were of opinion, that by reason of the Base Money coyned in the latter end of the reign of King Henry the 8, al the forrain commodities were sold deerer, which made afterwards the Commodities of the Realme to rise at the Farmers and Tenants hands, and that the same was made deerer through plenty of Money and Bullion,Inhaunsing of Siluer altereth the price of things. which came from the West Indies; and especially, because an ounce of Siluer was inhaunced by the said King, from fortie pence, to fortie fiue pence, and afterwards in processe of time was valued at threescore pence, and that the operation of the said alteration doth still continue. Others said, that the prizes of things being risen, was of no great moment, because it was by denomination, and not really; for that which was called fortie before, was now termed threescore, according to the coynes of Siluer valued by the ounce, as aforesaid. But the wiser sort did goe further, and comparing the prizes risen of forraine Commodities, farre more than the prizes of our home Commodities, they did acknowledge, that there was an ouer-ballancing of commodities, and found that the course of Exchange for Moneys was the efficient cause thereof: For they did obserue, that as the elements are ioined by Symbolization, the aire to [Page] the fire by warmenesse, the water to the aire by moysture, the earth to the water by coldnesse; So is Exchange ioyned to Monyes, and Monys to Commodities by their proper qualities and effects, whereby it did appeare vnto them;

First, that our Monie being vndervalued in Exchange, causeth the price of our home Commodities to be abated, and to bee sold better cheape in forraine parts, and is also the cause that our Monyes are exported.

Secondly, the Monyes being transported, taketh away the liuely course of trafficke of our said Commodities, and causeth young Merchants to runne by Exchanges vpon Billes to maintaine their Trade, paying great Interest for money, which they cannot take vp by their single Bond, as they can doe by Bill, taking vp the same by Exchange without Sureties.

Thirdly, this causeth young Merchants and others to make rash sales of their Commodities beyond the Seas, to pay their Billes of Exchanges, whereby they ouerthrow the Markets of others, an [...] make them sell better cheape. So on the contrarie, the coynes being ouervalued in exchange, and also inhaunced beyond the Seas, caused the price of forraine Commodities to increase, more than our natiue Commodities; and our Merchants are compelled (of course) to make returne thereby, because they cannot import those ouervalued monyes, but to their exceeding great losse. And by exchange they find few Takers, vnlesse it be our young Merchants, which doe consume their estates by Exchanges, and Rechanges. For of the said three Essentiall parts of Trafficke,Causes of the ouerballanceing of Commodities. we haue but the vse of one (as they obserued) which is the buying of forraine Commodities to make returnes, increasing therein the consumption of the said wares, and not our owne monyes remaining hereby plentifull beyond the Seas; the rather for that Bills of debt are (as readie money) passing betweene man and man causeth with them a liuely course of Trade, whereby their Commodities are aduanced in price and sale; neither are they compelled to sell them but at their price, because they find money at interest, at fiue and six in the hundreth.

This plentie of money is daily increased by our Merchants trading Spaine and all others, who doe diuert the Royalls of Spaine from vs, because of the inhaunsing of monyes beyond the Seas, where they haue 25 vpon the hundreth gaine, when with vs they make but 10 ꝑ cent.

This gaine is practised by exchange, and would otherwise bee but imaginarie, as shall be declared hereafter; whereby we shall find that the said Exchange is still predominant, and ouerruling the Monyes and Commodities.

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CHAP. VI. A Geometricall Description of the World, especially of EVROPE, Measured by Millions of Acres of ground, vpon the Mappe.

The Measure is one Million, or ten hundreth thousand Acres.

THE Circumference of the roundnesse of the whole Globe of the world, composed of Water and Earth, is accounted to bee 5400 Geometricall Miles, or 21600 ordinarie Miles. But whereas the Miles in all Kingdomes and Countries, and almost in euerie Prouince or Shire doe differ. I haue thought conuenient to admit one measure of one million of Acres of ground, to measure the whole Globe therby according to the Map, which is not only intelligible vnto al men; but al merchants also may haue vse hereof. For by the number of the millions of Acres, comparing one Kingdome vnto another, or one Countrie vnto another Countrie, they may know the bignesse and spaciousnesse thereof, which we haue particularly obserued in Europe, with a distinction also of the Dominion of Princes in these seuerall Countries knowne by the name, France, Italy, Germany and others, which many times falleth into consideration vpon singular occasions.

This Globe of the world, is diuided to be two third parts Water or Seas, and one third part Land: and of this Land there is one third part not inhabited, and the other two third parts are, as followeth.

The whole Circumference, by the aforesaid measure is, 19, 803, 575000, which is 29 milliars, 803 millions, 575 thousand Acres, and the milliar is tenne hundreth millions.A Milliar is ten hundreth Millions. So the ⅔ part water is 19 milliars, 869 millions, and 50 thousand acres of ground answerable: and the other part third is 9 milliars 934 millions, 525000 acres.

Hereof deduct ⅓ part not inhabited, which is 3 milliars, 311 millions, 508 thousand acres; So rest 6 milliars 623 millions 17 thousand acres of land inhabited, whereof followeth a particular distribution.

First for Europe or Christendome.

England containeth 29 millions, 568 thousand acres.

Scotland containeth 14 millions, 432 thousand acres.

Ireland containeth 18 millions. So these three Kingdoms, with all their dominions of lands and Ilands adiacent, vnder the Diademe of King Iames, containe 62 millions of acres of ground, &c.

[Page]England is by this computation accordingly with the dominion of Wales, and all Islands thereunto belonging, the thousand part of the whole Globe, or the 222 part of the earth inhabited, or the 333 part of the whole earth; and Scotland may be full the one halfe of this computation, that is, the 444 part of the earth inhabited, or the 666 part of the whole earth: and the Monarchie of great Brittaine, and the Kingdome of Ireland is the 480 part of the whole Globe, vnnecessarie fractions in cypher omitted.

The bodie of the Sunne is 166 times bigger than the whole Globe of the world, and so accordingly for the seas and earth, as aforesaid.

The 17 Prouinces of the Low-countries.

Containe 10 millions, 797 thousand acres, whereof

The reconciled prouinces with Spaine, containe 7 millions, 197 thousand acres.

The vnited prouinces vnder the States containe 3 millions, 599 thousand acres.

The Kingdome of France diuided into 32 prouinces containeth in all 82 millions, 879 thousand acres.

The kingdomes of Spaine (being eight in number) containe as followeth.

|  | m.
Castile | 25 Millions | 730.
Andalusia | 2 millions | 425
Granado | 2 millions | 128
Nauarre | 1 million | 458
Leon galisia | 9 millions | 124
Arragon | 13 millions | 104
Biscaye | 3 millions | 412
Portugal | 10 millions | 154

In all containing 67 millions, 535 thousand acres.

ITALIA.

Vnder Spaine.

|  | m.
Naples | 11 millions | 704
Lombardie | 1 million | 640

Vnder Venice.

|  | m.
Treuisana | 2 millions | 584
Verona | 0 millions | 480
Frioul | 1 million | 047
Mantua | 0 millions | 480

Vnder Rome.

|  | m.
Liguria | 1 million | 415
Romagnia | 1 million | 085
Latium | 0 millions | 480
Hetruria | 0 millions | 540
Sauoy | 1 million | 910
Piedmont | 1 million | 160
Toscana &c. | 4 millions | 785
Suria and Florence | 480
Marca | 1 million | 412
Ancona
Parma | 0 millions | 885
Sicilia | 3 millions | 113
Cypres | 1 million | 601
Candia | 2 millions | 060
Corsica | 1 million | 395
Sardegna | 4 millions | 089

Containing in all 44 millions, 257 thousand acres.

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GERMANIA.

|  | m.
Saxonia | 3 millions | 484
Misina | 3 millions | 249
Turnigia | 1 million | 093
Lusatia | 2 millions | 572
Bauaria | 3 millions | 249
Helsatia | 3 millions | 644
Heluetia | 12 millions | 328
Basle | 0 millions | 842
Swebourgh | 2 millions | 109
Salsbourgh | 1 million | 063
Trier, Ments, | 4 mill. | 237
Spiers, Strasbourgh,
and Wormes.
Iuliers | 0 millions | 348
Cleaue | 0 millions | 258
Westphalia | 2 millions | 300
Osnab | 0 millions | 358
Silesia | 5 millions | 706
Bohemia | 7 millions | 024
Austria | 6 millions | 121
Morauia | 4 millions | 114
Pomerania | 3 millions | 249
Brandenbourgh | 6 millions | 208
Machalbourgh | 2 millions | 107
Franconia | 6 millions | 361
Tiroll | 3 millions | 249
Carinthia | 1 million | 588
Stiria | 1 million | 779
Palantine Rhene | 4 millions | 361
Wirtenborgh | 1 million | 223
Embden | 0 millions | 230
Oldenbourgh | 0 millions | 449
Liege | 0 millions | 548
Coloigne | 0 millions | 215

Containing in all 95 millions, 646 thousand acres.

Prussia—10 millions 240 thousand acres.

|  | m.
Russia | 9 millions | 607
Volhimia | 5 millions | 762
Massouia | 1 million | 916
Liuonia | 34 millions | 115
Poland | 19 millions | 205

Heretofore named Polonia, containing in all 80 millions m. 845.

DENMARKE.

|  | m.
Denmarke | 10 millions | 426
Norway | 28 millions | 492
Holsten | 1 million | 065
Ditinars | 0 million | 337

Containing in all 40 millions, 326 thousand acres.

SVVETHEN.

Sweathen | 57 millions | 430 thousand acres.
Finland | 7 millions | 531 thousand.
Gothia | 20 millions | 936 thousand.

Containing in all 85 millions, 897 thousand acres.

[Page]Part of Russiia or Moscouia and Situam vnder Europe, 232 millions 558 thousand acres: so that whole Europe or Christendome doth but containe 802 millions 740 thousand acres,EVROPE. which is not the 12 part of the whole earth.

Hungarie, Dalmatia, Transyluania, and all Turkie 385 mill. m. 367.

Moscouiae Pars 128 millions, 817 thousand acres.

Tartaria 299 millions, 110 thousand.

ASIA.

Persia 385 millions, 367 thousand.

Calicut and East-India 587 millions, 200 thousand acres.

Africa containeth 1541 millions, 883 thousand acres.

AFRICA.

America containeth 1152 millions, 400 thousand acres.

AMERICA.

Noua Hispania 1349 millions, 133 thousand acres.

Summa totalis of the inhabited parts of the World, six Milliars, six hundreth and twentie three Millions, and seuen tenne thousand Acres of Land, Vt supra.

THE vse of this description, to know the bignesse of one Countrey compared vnto another Countrey, is, for example: England containeth twentie nine Measures and odde; Bohemia containing seuen Measures and odde, is the fourth part of England, or thereabouts.

The seuenteene Prouinces of the Low Countryes, being tenne Measures and odde, is the third part of England, or thereabouts.

The Monarchy of Great Brittaine, being fortie foure Measures and odd, is as big as all Italy, and the fiue Ilands of Sicilia, Cyprus, Candia, Corsica, and Sardignia, and is also more populous. And so for all other Countryes; insomuch that England onely containing twentie nine of those Measures, or Millions, 568 thousand Acres of ground; if wee deduct the fiue Millions, and 568 thousand Acres for wilde & waste grounds and High-wayes,One penny an Acre, is one hundred thousand pounds in England. there will remain foure and twentie Millions of Acres, which at one penny an Acre, amounteth to one hundreth thousand pounds, a matter little sensible.

Here may Microcosmos, the little world Man, behold how little the great world is, which is made for him as a Tabernacle, where hee hath no abiding place, but trauelleth as a Pilgrime towards the Coelestiall habitation, with a thankefull mind and remembrance of the mercie of God, who hath beene mindfull of the Sonne of Man, and made him lower than the Angels, to crowne him with glory and worship, Psal. 8. Thus much I thought to demonstrate vnto Christian Merchants touching the world, before wee intreate of the commodities, whereby trafficke and commerce is by them and other Nations maintained, according to the ancient Verse: Currit Mercator ad Indos,—as appeareth in the next Chapter.

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CHAP. VII. Of the Commodities of all Countries whereby commerce is mainetained.

Corporum tria sunt genera. ALbeit that the aforesaid Doctors of the Ciuile Law haue declared that there be but three kind of bodies of things, namely,

1 Quod continetur vno spiritu, vt homo, lapis &c. which is contained of one spirit, as man and a stone, or such like.

2 Quod ex pluribus inter se, coherentibus constat, vt edificium nauis &c. which consisteth of many things ioyned together, as a building, a ship &c.

3 Quod ex distantibus constat, vt corpora vno nomine subiecta, veluti populus, legio, grex, &c. which cōsisteth of distant things, as many bodies vnder one name, a People, a Legion, a Flock, and the like. Yet this difinition is not compleat, concerning the bodie of trafficke and commerce, consisting of Bodie, Soule, and Spirit, namely Commodities, Mony, and exchange of Mony by Bills of Exchanges, as aforesaid, which are to be described in order. And because Commodities, like vnto the Bodie, vpheld the world at the first by way of commutation and bartering of them according to necessitie and vsefulnesse: Therefore may it bee thought conuenient to set downe in this place, the particular commodities of all Countries, and (of some of them) their values and estimation, by meanes whereof Trafficke and Trade is established and maintained, that thereupon wee may proceed accordingly.

Verely in the estate of Innocency all things were common; but alas this communitie of things indured but a while, and now by reason of our naturall corruption, and pronenesse to wrong one another, there is an absolute necessitie of proprietie and seuerall possession, which is consonant to the Law of God, as well as founded vpon the Law of man, and consent of Nations; it being the voyce of secondarie Nature: This is my house, this is my towne, and this is my seruant, &c. whereby Meum & Tuum is distinguished.

The reuocation of this communion of things, is the nerues and bond of humane Societie, and the mother of labour and diligence. Who would Till the ground if he hoped not to taste of the crop of it? Surely all would be waste and desolate, if men were to plant and [Page] build for euery body, that is nobody. Wee see by experience, that the strongest would depriue others of the vse of things, vnlesse the law did interpose her authoritie, which is two fold, namely Paterna & Politica effected by the fathers of families, and magistrates. And herein is no other equalitie to be found concerning things, but a mutuall voluntarie estimation of them according to the vse and behoofe of the said things. And the prouerbe is true, That goods held in common, are (as it were) no bodies goods, and not manured as they ought to be, whereupon Plato in his second Common-wealth (vpon better consideration) did reuoke his former opinion of the communitie of goods, and vsed to say, That no man was a gayner but another became a looser, which had an ouer great regard to the propertie of goods, and if there were no propertie of goods, all trafficke would cease.

Neuerthelesse, the Equalitie and Equitie in the course of Commerce must be obserued, to auoid the ouerballancing of commodities, as in the precedent Chapter is mentioned, which requireth a third consideration of an other kind of equalitie. For as we haue noted with Aristotle, Riches is either Naturall, or Artificiall.

The Naturall riches, as Lands, Vines, Forrests, Meddowes, and the like.

The Artificiall, as Money, Gold, Siluer, Cloth, and all other Manufactures and houshold Stuffe.

Now as this Artificiall riches is proceeding of the Naturall riches, and that both these doe receiue their price and estimation by money: So reason requireth a certaine equalitie betweene them, which wee find to bee defectiue, which is concerning the price of lands.

To prooue our Assertion, wee can hardly make this inequalitie appeare, albeit wee doe find the want of the treasure transported from vs into the parts beyond the Seas. For it befalleth vnto vs concerning monyes and wealth, as it doth to a Generall of a Campe of ten thousand supposed armed men, whereof muster being taken at seuerall times, and vpon seuerall dayes, all of them are found to bee armed, because they lend their Armour to each other: whereas, if they were all mustred in a day, and at one instant, a great part of them would bee found to want Armour. So the like want of monyes and wealth would be found if rich men were examined, for their personall estates vpon any vrgent occasion. And now let vs examine the commodities of all countries, beginning from the East and ending in the West.

Of the goodnesse and value of East India Commodities.

THe Merchants Trade for the East Indies, tooke beginning in England, in the yeare 1600; At which time Spices and all other Commodities were bought for the prices hereafter declared, translated [Page] out of the Portugall tongue, with my additions and obseruations concerning the goodnesse of those Commodities.

Cloues.Cloues growing in the Ilands of Moluccos, being cleane of Stalkes, by the Portugal called Fusties,Fusses. were sold for fiftie Pardaos the Kintal or the 100 weight of 112 ll correspondent with our London quintal, or hundreth, accounting the Pardao or Ducatt at 5 ss, is about 27 pence the pound. There is another leaner and drier sort of Cloues, called Crauo di Bastao, which is sold for 25 ducatts, which the Portugalls doe mingle many times: the difference is halfe in halfe in price, and the pound at 13 ½ pence.

Mace.Mace, being of a faire colour and large, which groweth vpon the Nutmegs, and is had also in the Iland of Bantan, was sold for 74 Ducatts the hundreth, which is 40 pence starling the pound.

Nuttmegs.Nutmegs in the said places were sold for 15 Ducatts, is 75 ss the hundreth, and the pound weight eight pence starling.

Ginger.Ginger, being dry, from Calicout, called Belledin, or ashe colour Ginger, at 9 Ducats the hundreth, is 45 ss, and the pound at 5 pence or thereabouts.

There is an inferiour sort called Mechino, of six Ducatts the Quintall.

Ginger in conserue, at 13 ½ Ducatts, is about 7 ½ pence the pound.

Sinamon.Sinamon of Zeilan, growing in that Iland, was sold at thirtie fiue Ducatts, and the Sinamon of Malabar, called De mato, for ten Ducatts, whereby the pound of the best is about 19 pence, and the other about 6 d.

Pepper.Pepper of Calicut, Malabar, and the Iland of Sumatra, at 10 Ducatts the hundreth, bought by the baser of foure Quintalls, commeth to 6 d. the pound

Long Pepper.Long Pepper was sold at 25 Ducatts the hundreth, is the pound 15 pence.

Benjoin.Benjoin de Boninas at 55 Ducatts, and the other sort of Caregasan at 48 Ducatts, is the pound at 2 ss 5 pence, and 2 ss 2 d. or thereabouts.

Campheir.Campheir of China was sold at 40 Ducatts, is 10 ll, and the pound about 22 d.

Indico.Indico of the better sort, called Carquez, 40 Ducatts, and the common sort of Aldcas 30 Ducatts, and the richer sort of Aldcas, 70 Ducatts the hundreth, which is the pound 22 d. 18 d. and 3 ss or thereabouts. This rich Indico is as good as that of the West Indies of Guatimalo,West Indies Indico. and better than (Laurea alias Lahora) comming from the said West Indies, whereof there was wont to come another sort, called Indico Campeche, which was an extraction of Logwood,Vncertaine Trade for In [...]ico. being ouerlight and frothie without substance, which did swimme vpon the water, whereby this manner of triall is vncertaine, and onely the Cowpe must find the goodnesse of Indico by the working of it.

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Commodities sold by a weight called Man of 24 ll weight.

China Silke 76 Ducatts. Silke in pieces 86 Ducatts.Silkes. Silke of Lancan 40 Ducatts. Silke of the Eagle, the best 35, and the common 26 Ducatts.

Lacre or Hard-Wax, sixteene Ducatts the Man. Soft-Wax,Hard-W [...]x. foure Ducatts.

Commodities sold by the Bar of 15 Rooues or Arrobas of 28 ll.

White Sandalo, the 20 pieces, 160 Ducatts. Red Sandall wood,Wood of China. fiftie Ducatts.

China Wood 180 Ducatts, Ebony Wood 200 Ducatts.

Commodities which are sold by the Ounce.

Ambre greis 13 Ducatts, is 65 ss. Blacke Ambre 3 Ducatts,Ambre. or 15 ss the ounce.

Muske in Coads at 2 ½ Ducatts or 12 ss 6 pence the ounce.Muske.

Bezar Stones are sold according to their bignesse more or lesse.Bes [...]aar stones.

Commodities sold by the score of twentie pieces, as Calico Cloth, &c.

CAlico Cloth of the places following, called by seuerall names.Calico cloth o [...] diue [...]s places.

Canequins fine of Cambaya 60 Ducatts, is 3 Ducatts, or 15 ss the piece.

Canequins ordinary of the same place, 40 ducats is 10 ss the piece.

Teadas 20 Ducatts, is 5 ss the piece. Dotins, 25 Ducatts. Bancais tenne, &c.

Cotonias for Friars, twentie foure Ducatts: and ordinarie at twentie Ducatts.

Calico Cloth Dosinde, called Iourins fine 70, and ordinarie 45 Ducatts.

Calico Cloth of the coast of Canaor, called Beatillas, fine 26 Ducatts, and the ordinarie 20 Ducatts. Pacharins 25, and Berames 30 Ducatts.

Calico Cloth of Vengala, of two places, called Cassas fine, 100 Ducats, the ordinary Cassas 70 Ducatts, Soto pazes, 25 Ducatts, and Beatillas 100 Ducatts.

Chaictares fine, 40 ducatts; ordinaries 25, and cassas of 60 ducats.

Calico Lawne made of Nettles [...]/4 broad,Calico Lawne. and eighteene yeards long, is of diuers sorts from threescore Ducatts to one hundreth twentie and aboue.

All kind of Druggs differing much in goodnesse,Druggs. must bee bought accordingly, as Mirabolanes, called Emblici, Belirici, Citrici, and Indij.

Tamarinds, Calamus, Aromaticus, Spicanardi, Oppium, Cassia, Mirrhe inanse, Aloes Cicatrini, & Tutia, Rheubarbe, and the like; Lignnm Aloes, Saunde [...]s, Borax or Atincall, and many other commodities.

All which Spices and Druggs are to bee Garbled, for the better and wholsome vse of man, for as liquid things in Nature, [Page] become soure; so drie things become bitter in nature, wherevpon the Garbellers office was established and granted,The office of Garble [...]ship. A [...]no 1309. first in England by King Edward the second, vnto some sufficient persons, at the suit of the Pepperers, now called Grocers of London, which is, in effect to separate the good from the bad, or pure things from the impure, putting them vp euery one accordingly vnder certaine Seales.

Of the weight, goodnesse, and values of Pearles and Precious Stones.

PEarles and Diamonds, are bought and sold by the Carrat weight made for that purpose. For whereas Gold is sold by the Carrat of 24 to an ounce, accounting two Carrats for one ounce of Siluer, whereof 12 ounces make the pound weight Troy.Difference of Carrats weights. This Carrat weight for Pearles and Diamonds is farre lesser, for the 150 Carrats make but one ounce; so that one Carrat of Gold weight weigheth 6 ¼ part of a Carrat of Diamond weight, and the like for Pearles, whereof there is a Measure for Round Pearle made correspondent thereunto, which is also diuided into 4 graines, as the Troy weight is, which graines are of lesse proportion of 6 ¼ to one, and the diuisions of small weights are made in ½ ¼ ⅛ and ⅙ part, albeit the Troy graines are most commonly vsed, without this obseruation.

India weight.Diamonds are bought in the East Indies, by a weight called Mangear or Mangelin, weighing two Tare ⅔, which [...]/3 of a Carrat, for 4 Tares weigh a Fanan, which is aboue 2 Carrets.

Rubies are bought by the Fanan, and 11 ¼ Fanans make one Mitigall, and 6 ½ of them make an ounce. But of late yeares, Diamonds, Rubies and Saphires, are bought and sold by the Carrat weight.

Diamonds the most perfect, called Nayfe, are found in the Kingdome of Decan and Narsinga, and the Iland of Ziclan, which, as (I say) are sold by the Mangelin, at so many Pardaos, or Ducatts of 360 Reis, or 9 Royalls of Portugall; but accounting the Fanan at six pence, and tenne Fanans for the said Ducatt, then the Pardao is fiue shillings starling.

The Nayfe Diamonds are pointed on both sides, and they doe grow vpon the Flat Diamonds, which are in the superficies of the Bourt of Diamonds, and are impure, commonly beaten therefore into powder for the vse of the other Diamonds, that are cut and polished by the Millne. The Flat Diamonds are alwayes valued one third part lesse in price, than the Nayfe are, so long as they be vncut; but being cut, are of more or lesse estimation according to their fashion. Some are faire Triangles, others Flower de Luces, Roses, Harts, Columes, Demy Crosses, or other fashions of Poly Angles, and proportions seruing for the members or parts of the bodies of things to bee made into many workes and Iewels, as the Iewellers will apply the same, cut with many Fassets or Squares: But the thicke Stones are more certainely knowne by their weight, hauing their Bisallyes compleat either in Tables or Points wanting [Page] no corners or due proportion, without spots or sands, burbles,Properties of good Diamonds. flawes and vaines, which sometimes (although it be in little stones) maketh them run 3 and 4 daies vpon the milne, spending much time and labour to polish them. It is almost 40 yeares since I did maintaine diuers milnes and cutters of Diamonds, whereby experience made proofe vnto me of these things, which are verie considerable. For the water of Diamonds is also chiefly seene in the cutting and polishing of Diamonds, some being a yellow water, other greenish, other brownish: but the difference is almost all alike, if they be of one rocke, that is to say, they are like in the parcels as they sell them. The best waters are whitish, inclining to the blew, which maketh the best illustration and play, as some call it, which sometimes will be found to be admirable in a thinne stone, or feables, as the Portugalls call them: but the fassets must be industriously wrought, which in great stones of 10 or 12 Carrats maketh them to be Paragons,Paragon Diamonds. that is to say, in all perfection, and being Piedras de muestra, or stones of shew, will be sold by estimation, as the loue and fancie of a man will carrie the same.

In times past all Diamonds aboue 4 Carrats, rough or vnwrought, were the kings, in the places where they were found; which is the cause that concerning the values of Diamonds of aboue 4 Carrats cut, no proportion in price is made certaine betweene Iewellers, but is left to estimation according to the abouesaid properties.

Small Diamonds haue some proportionable price, rising and falling accordingly, which were set downe at Paris in France, during the raigne of the French king Henrie the fourth, by the Iewellers there, as followeth.

Crownes of 6 ss euerie Carrat.

Of 10 stones a Car.
5.

Of 9 to a Carrat
5 ½

Of 8 ½ to a Carrat
6

Of 7 ½ to a Carrat
7

Of 7 to a Carrat
7 ½

Of 6 ½ to a Car.
8

Of 6 to a Car.
8 ¼

Of 5 ½ to a Car.
8 ½

Of 5 to a Car.
8 ¾

Of 4 ½ to a Car.
9

Of 4 to a Car.
9 ¼

Of 3 ½ to a Car.
9 ¾

Of 3 to a Car.
10 ¼

Of 2 ½ to a Car.
11

Of 2 to a Car.
12

Of 2 ¼ gr. the peece
12 ½

Of 2 ½ gr. the peece
13

Of 2 ¾ gr. the peece
14 ½ crowns the Car.

Rough Diamonds called Bruits.

Of 3 Graines
16 ½ the Carrat.

Of 3 ¼ Graines
17

Of 3 ¾ Graines
18 ½

Of 1 Car. the peece
19

Of 4 ¼ Graines
19 ½

Of 4 ½ Graines
20

Of 4 ¾ Graines
21

Of 5 Graines
22

Of 6 Graines
24

Of 7 Graines
26

Of 8 Graines
30

Of 9 Graines
34

Of 10 Graines
40

Of 11 Graines
45

Of 12 Graines
50

Of 16 or 4 Carrats
60

[Page]By this estimat it appeareth that a Diamond of 4 Carrats brute or vncut, is set downe 60 French crownes, which is 18 ll sterling: for it is vncertaine what may be diminished of the weight by the workemanship of it.Diamonds cut and polished. So that in the Stones cut and polished there is more certaintie; whereof the price was likewise proportionably set down as followeth.

Of ½ a Graine | 20 shillings ster.
Of ¾ of a Graines | 25
Of one Graine | 40
Of 1 ¼ Graine | 50
Of 1 ½ Graine | 60
Of 1 ¾ Graine | 80
Of 2 Graines | 100
Of 2 ¼ Graines | 120
Of 2 ½ Graines | 150
Of 2 ¾ Graines | 9 ll 0 0
Of 3 Graines | 12 0 0
Of 3 ¼ Graines | 16 0 0
Of 3 ½ Graines | 20 0 0
Of 3 ¾ Graines | 24 0 0
Of 4 Gr. or one Carrat | 30 0 0
Of one Carrat ¼ | 33 0 0
Of 1 ½ Carrats | 36 0 0
Of 1 ¾ Carrat | 40 0 0
Of 2 Carrats | 60 0 0
Of 3 Carrats | 100 0 0
Of 4 Carrats | 200 0 0

All which prices may alter from time to time according to the vse of precious Stones, vpon accidentall causes of the mariages, of Princes and great personages, to be done proportionably. As if the Diamond of a Carrat should rise 20 in the hundreth, then all the other sorts accordingly; and so also in the falling of the price by greater quantities.

Diamonds of yellow water (which giue lustre extraordinarily by candle-light) are more in request in Germanie and some places in Italie, where the browne Diamonds are also desired. But in England & France they are worth ⅓ part lesse (which is according to the aboue said prices that Diamonds are now worth with vs also.) The Diamond of a full Carrat being a perfect Table, and yellow, is worth 20 ll sterling.

The pointed Diamonds, which (in regard of their natural proportion, hauing lesse wast in the cutting) heretofore sold better cheape than the Table Diamonds, are now deerer and more esteemed.

About this time of the abouesaid estimation, these Diamonds of the Sortes following,Brute Diamonds at Lixborne. were bought rough or brute at Lixborne.

|  | ll. | s. | d.
Of 10 peeces to a Carrat | 1000 reis | or 0 | 12 | 6 the Carrat.
Of 9 to a Carrat | 1200 reis | 0 | 15 | 0
Of 8 to a Carrat | 1400 reis | 0 | 17 | 6
Of 7 to a Carrat | 1600 reis | 1 | 0 | 0
Of 6 to a Carrat | 1800 reis | 1 | 2 | 6
Of 5 to a Carrat | 2000 reis | 1 | 5 | 0
Of 4 to a Carrat | 2400 reis | 1 | 10 | 0
Of 3 to a Carrat | 3200 reis | 2 | 0 | 0
Of 2 to a Carrat | 4000 reis | 2 | 10 | 0
Of one Carrat nayfe | 6000 reis | 3 | 15 | 0
Of one Carrat flat stones | 5000 reis | 3 | 2 | 6

The cutting of them was 10 and 12 ss for euerie Carrat in those daies.

There is a rule for cut Diamonds aboue 5 Carrat.A Diamond of 10 Carrats is 10 times 10: which is 100, so at 25 pound a Carrat, is worth 2500 pounds. To multiplie the weight of them within it selfe, and then by the price of one Carrat to value the same, as in the margent appeareth by the said rule, after 25 ll the Carrat.

Rubies are found for the most part in a riuer called Pegu, being of the best kind and finest, and are called Nuncuplo, of a high colour without any spots, and cleane,Rubies. also the hardest and coldest vpon the tongue as the Indians say.

They are sold by the Corcia or score, of 20 peeces, by a weight called Fanan. The Rubie of one Fanan for 10 Pardaos or Ducatts, is 50 ss ster. If they be not perfect, the price must be considered, as in the Island of Zeilan, where great quantities are found of a fleshie colour, esteemed but ⅓ in value, called by the Indians Manecas, which being mundified by the fire are made Carbuncles.Carbuncles.

There is also found in Pegu, another kind called Spinella with vs,Spinella. and by them Caropus, esteemed at half the value of Rubies. And in the like estimation were another kind found in Balassia and so called,Balassia. much like vnto the colour of a rose.

Saphires in the Island of Zeilan, the hardest are best,Saphiers. and of azure colour.

Topasies in the same Island, of colour like beaten gold,Topasies. the hardest are best, and were sold for their weight 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, [Page] 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.

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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 [Page] than in the West, and the water more faltish, which causeth the diuersitie of colours.

In Scotland are many times 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, [Page] 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.

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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, Saltpeter, 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.

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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 according to the rule of money, whereby euerie man setting a price vnto his commoditie, doth sell and barter the same as he can, with a respect of the necessarie vse or request had of the commoditie, and of the qualitie and goodnesse of the same, being either corruptible commodities, or staple wares more durable, whereby all mettals and minerals came into greater estimation, and the purest was most valued and esteemed, euen in the verie trafficke by commutation when moneys were not [Page] coyned, and commodities were dispersed by commerce betweene nations by an interchangeable course, supplying each others occasions and necessities, according to the vse of commodities.

Commutatio negotiatiua.This commutation is called Negotiatiua, because things are commuted for to sell againe by way of negotiation, which is either by selling or deliuering commodities for commodities in specie, as aforesaid; or by the rule of money in buying and selling the same at a price agreed or concluded vpon betwene the parties contracting for the same: In the estimation whereof we are to haue a due consideration, That riches being naturall and artificiall, and both valued by money, there is required a certaine equalitie in the said estimation, proceeding of the consideration betweene this naturall and artificiall riches.

And as there are three temporall things for the behoofe of man, namely Food, Houses, and Apparel: so must we account all the things seruing thereunto accordingly, and the scarcitie or plentie of those things also according to the vse of them; hauing alwaies a regard and care not to pay too much for the things seruing for the bellie, (especially such as in some sort may be spared or forborne) and not to sell too good cheape the things seruing for the backe, or in effect to barter them for superfluous things, alwaies admitting ciuilitie (which albeit that men account that ciuile, which is according to the manner of euerie countrie as the prouerbe is, countries fashion, countries honour:) yet reason must rule herein, with a due consideration of Gods good creatures and gifts, which cannot be done without an vnfatigable industrie, both in discerning the varietie of them, and in obseruing their infinit number and pure creation; in which regard pretious things haue their estimation, so that the same ciuilitie must be reduced to the good of the common-wealth, and for the vpholding of the same, liuing together in christian societie, giuing so farre place vnto reason, that euerie man may endeauour himselfe for the preseruation of the weale publike, and conceiue generally, that other nations (not indued with so much reason) are alwaies inferiour vnto vs in that regard, euen considering all men alike in an estate of politicke gouernment. Who seeth not then that without any cause of admiration, some men doe wonder at the simplicitie of Brasilians, West-India, and other nations, as they of Barbarie, or Africa, in giuing the good commodities of their countries, yea Gold, Siluer, and pretious things, for Beades, Bels, Kniues, Looking-Glasses, and such toyes and trifles? when wee our selues commit the same, in giuing our staple wares for Tobacco, Orenges, and other corruptible smoaking things, or superfluous commodities bought at deere rates, to the losse of the common-wealth: whereby commeth an ouer-ballancing of foreine commodities with our home commodities, which draweth away our treasure and readie moneys to the incredible losse and impouerishing of the realme.

This commutation negotiatiua ought to be the studie of Polititians [Page] or States-men, as a principall matter of State for the preseruation and augmentation of the wealth of their Common-weales or Monarchies, where they sit to direct the ship of trafficke; as skilfull Pilots obseruing all accidents which happen to the three essentiall parts of trade and commerce alreadie declared, and to be amplified in our description of this customarie Law of Merchants.

This Studie consisteth in two points, namely in the consideration of the value of the things commuted or bartered betweene countrie and countrie, according to their vse; and in the charges of manufacture of those things, and the manufacture of other things exchanged for the same by way of trafficke and commerce.

Worthie of commendation was the Maior of Carmarthen towne in Wales,The due commendation of the Maior of Carmarthen. who (perceiuing the Spaniards to import Oranges and Lemons, and to sell them continually for readie money, and to export the same without buying any of their countrie commodities being Staple wares, and theirs verie corruptible and many times halfe rotten) caused a proclamation to be made, That no man (for the space of three daies) should buy any of those Oranges and Lemons: and within that time they were all spoiled, and so the Spaniard went home by weeping crosse, and afterwards sold his Oranges better cheape, and bought commodities for his returne.

Touching the price of manufactures, the labour and charges of workemen is to be considered on either side, and what the commoditie may be in the wearing or vse thereof, and to what purpose or profit the remainder may be imployed. As for example, If silke Lace be imported, after the wearing it is nothing worth: If Venice Gold and Siluer be imported, there will remaine about the one halfe in Siluer, albeit the same be sold deere vnto vs; which is verie tollerable, if other of our manufactures, or Cloth, be exported for the same, whereby the people are set on worke to maintaine a common societie. But when Tabacco is imported,Hinderances by Tabacco &c. and leaueth nothing but smoake, which is not onely bought at deere rates, and doth hinder importation of Bullion or Ryals of Plate; but is also the cause that our home commodities, as Cloth, Bayes, Perpetuanoes, and Sayes, are sold to losse by the buyers of Tabacco; which causeth the price of our commodities to be abated, and the realme to loose aboue fortie thousand pounds yearely by this negotiation of barter: States-men therefore might in this particular, take some course that euerie man should not make employment in Tabacco in Spaine, or beyond the seas, but that the licensed buyers thereof should make ouer so much money by exchange as were needfull for a competent quantitie, to be proued by good and true certificate that the same hath beene performed accordingly.

On the other side if Venice Gold and Siluer thred, Spangles, and Oes, shall be thought conuenient to be made in England; then (to procure the Siluer in plates cut or vncut to be brought ouer of the [Page] sterling Standard, or so much in Bullion as may make the quantitie required) may be thought expedient, if (in regard of ciuile reputation of the kingdome) we will not prohibit the importation of it by course of trafficke.

But considering that after wearing the same with reputation, it leaueth almost the one halfe of his value. There is no pregnant cause to find so much fault with it, as some men do. The like consideration is to be had for such manufactures, whereof the verie peeces or rags may be vsed to some purpose, as of Linnen to make white paper, of fishers nets to make browne paper, of skins to make glew, of beere leeze to make Aqua vitae and the like.

And here we may not omit how Almightie God by his diuine prouidence ruleth many times this negotiating commutation, when the haruest of Corne faileth in one countrie, and is prosperous in another countrie, whereby this trade of barter by the rule of Mony, doth verie much augment, and the price of Corne becommeth to be much deerer: Albeit the price be reasonable, considering the Fermer may by the cheapnes thereof be made vnable to pay his rent. And God, who doth euerie thing for the best, sheweth vnto vs how one nation may haue need and occasion to vse the help and meanes of other nations, and which is more admirable to be noted, God in the permitting of it, may haue some other work in hand to manifest his glorie, or to relieue his children by vnexpected meanes; As the sending of the children of Iacob into Aegypt for the want of Corne to maintaine themselues, doth demonstrate vnto vs. The like may be applyed for Wines, Salt, and other commodities for the sustenance of man, which (although they be corruptible commodities) may, contrarie to our former assertion (by this accidentall or casuall extremitie) be preferred in estimation of the Staple commodities, which are durable, and become valued only by Gold & Siluer, which is the cause that Spaine and Portugall being subiect to haue dearth of Corne, do permit the exportation of Siluer and Gold in returne of the prouenue of it and other victuals,Gold and Siluer bartered for Corne and Victuals. whereby we find that those countries, by reason of the West-Indian treasure, being from time to time prouided with Siluer and Gold coine, are neuerthelesse most destitute of the same, bartring as it were in effect, their Siluer and Gold for Corne and other prouisions; and, hauing their countries stored with meere copper Moneys. This treasure passeth from them as if it were conueyed by a channel: and (because of the aboundance of their said Copper moneys) is not so sensible vnto them, as it is vnto other countries which haue not the vse of the like Copper moneys, which is diuers waies to be considered, especially in the time of wars, when moneys are called to be the sinewes thereof, or Nervi Bellorum, which by meere Copper moneys can neuer be vnderstood, howsoeuer necessarie (in some measure) for the commutation of pettie bargaines and contracts, whereof more hereafter in handling the matter of Moneys.

To make application of this negotiating cōmutation in the price of [Page] Commodities, it is to bee prooued by diuers ancient Merchants bookes, that within the age of a man, or seuentie yeares, the price of forraine Commodities with vs is farre more risen than the price of our home Commodities; which by way of Antithesis is worthy the obseruation.

Redding colour, and other mingled colour Clothes, did cost 9 ll the Cloth then, when Blacke Veluets were sold at 10 shillings the yeard; and now the said sort of Clothes are sold but for 11 ll and 12 ll the Cloth, and Veluets at 26 shillings the yeard.

Packe Clothes white, at fiftie pound the packe of tenne pieces, Cramosin Veluets at 12 shillings the yeard. And now Packe Clothes of the same marke, at ninetie pound, and a hundreth pound, and Cramosin Veluets at thirtie shillings the yeard.

Wooll the Todd of 28 ll weight, at 12 shillings, Blacke Satine at 5 shillings the yeard; Wooll now aboue 20 shillings, or thereabouts, and Satine 15 shillings.

Calfe skins the dozen 5 ss; Fustians the Bale of 40 ½ pieces, at 12 ll the Bale; Calfe skins now at 10 ss, and Fustians 36 pounds, and Millaine Fustians at 18 and 20 shillings the piece, now at 3 ll and aboue.

Sayes of Norwich, at 20 ss the piece and vpwards: Messina silke 8 ss the pound; Sayes are about 40 ss, Foraine ware [...] risen, 3 to, 1. and Messina and the like silke aboue twentie six shillings. Northerne Carseyes then 18 ss, Spanish Soape 20 ss, now 50 ss, and Carseyes 22 ss. Seuill Oyle, the Tunne 12 ll, now 35 ll, and many times aboue fortie pound.

French Wine at 5 ll the Tunne, now 20 ll, or thereabouts. Long Proines 5 ss, now 15 and 16 ss; Sugar 6 pence the pound, now 14 and 16 pence.

Malmeseyes 5 ll the Butt, now 18 ll and 20 ll; Cotton Wool 4 d. now 15 d. and diuers other commodities accordingly. So that an angel would haue bought one yeard of Veluets, now three Angels or pieces of gold can be exported for the same. Ten Angels would haue bought a Tun of Claret Wine in England, which is now sold for aboue twentie pound, and twentie foure pound.

Besides that, our Cloth is better made than in those dayes, albeit not so good as it might be made; victuall and wages are deerer, and Woad, Mather, Oyle, and colours are extreamely risen.

A Merchant might haue sent or carried with him one packe of Clothes, white, broad, or narrow lists, and brought in returne one Chest containing nine or tenne pieces of Veluets: whereas now he cannot bring aboue three or foure pieces in returne thereof. For a Redding Cloth sold beyond the Seas, hee might haue returned one Bale of Fustians; whereas now for the value of one Bale of Fustians sold in England, a Merchant must buy and export three Clothes.

A London mingled colour cloth, would haue bought at Lisborne two chests of Sugar; now one chest of Sugar will draw two Clothes out of the Realme: So a Kentish Cloth would haue [Page] bought at Seuill a Tunne of Oyle and more; now one Tunne of Oyle doth counteruaile three Clothes and more, and other commodities accordingly, giuing (as it were) three to one in specie for foraine commodities.

Commutation is compared vnto monyes in kind.Compare this commutation to the monyes inhaunced in the Low Countries, Germany, France, and some other Countries (which is the same money still in specie for weight and finenesse, and onely the valuation is altered) and you shall find that within the said time of seventie yeares, an Angel worth ten s. then, is now aboue twentie s [...]illings; a French Crowne six shillings, now twelue shillings six pence, and all other coynes accordingly, or thereabouts: whereas in England there is no momentarie alteration of the monyes, as heereafter shall be made more apparant. And the like consideration will also bee had concerning the Exchanges of monyes by Billes of Exchanges.

Some men are of opinion, that selling our home commodities good cheape, maketh a liuely trade, augmenteth commerce, and maintaineth all the dependances thereupon, by setting the people on worke, imploying Ships, and augmenting the Kings Customes and Impositions: But they neuer consider two principall points whereby the wealth of Kingdomes and Common-weales increaseth or decreaseth, namely:

Inconueniences to sell commodities good cheape.If commodities imported vnto vs, bee dearer than in times past, as we haue noted, and our home commodities are not sold proportionably in price, but wee will indeauour still to sell good cheape: who seeth not that this bringeth an euident ouer ballencing of commodities in price, which is to be ballanced by the treasure and monyes of the Realme.

Againe, if our home commodities be sold too good cheape, other nations can make a trade thereby for other countries, and ouerthrow the trades of seuerall Societies of the Realme. We haue seene in times past, that the Westerne colour Carseyes were sold at Norenborough in Germany, to the great losse and hindrance of the then Turkie trade; and at this present our Suffolke clothes are sold so good cheape beyond the Seas, at Amsterdam and other places, that they haue made a large trade for Russia and East-land with our home commodities, and thereby ouerthrowne our trade by preoccupying the Markets, and ingrossing the commodities of those countries aforehand. From Zealand there is a trade establis [...]ed for Barbarie, with the said clothes sold vnto them, thereby preuenting the trade of English Merchants, which yeeldeth them but little profit, and the commodities which they bring in returne (as Hydes, Almonds and other things) are better vented beyond the Seas, where our Merchants are forced to transport them, and the gold which they bring affordeth but little profit;The times and seasons of trade are variable. so that to make commerce to be a pastime, is neither beneficiall to the Common-wealth, no [...] to particular persons. The times or seasons of Trafficke and Trade are [Page] mutable and subiect to accidents, which is the cause that at some one time, commodities are well vented, and at another time not; the rash sale is not the profitablest. Haue not wee found of late yeares, that cloth was sold in greater quantitie, and at greater prices, when the Todd of Wooll was sold at 32 and 33 shillings, and clothes accordingly, than now when Wooll is sold for 18 and 20 shillings▪ The reuolution of things may alter againe and reuiue trade; if not, procure you to haue foraine commodities better cheape, whereof you haue not so much need, as they haue of ours. Striue not to vndersell others to the hurt of the Common-wealth, vnder colour to increase trade:Causes increasing trade and comme [...]ce. for trade doth not increase when commodities are good cheape, because the cheapenesse proceedeth of the small request and scarsitie of money, which maketh things cheape: So that the contrarie augmenteth trade, when there is plentie of money, and commodities become dearer being in request.

Concerning the particular barter or truck with Merchants, euery man doth know who dealeth therein,Particular barters. that this is done with such dexteritie, to take aduantage in the price of their cōmodities one against the other, that commonly either the one or the other findeth himself agreeued: For the ouerreaching therein, is accounted an vsuall and ordinarie practise, and the commodities thus bartered are plentifull, and not in request; whereby it commeth to passe, that to haue good commodities (which are vendible at all times) there is part giuen in readie money, or in Billes payable at short dayes of payment; whereby many Merchants are ouerreached, and can haue no remedie by law nor equitie. Hence the Prouerbe is deriued, Caueat Emptor; for it is a buying and selling, implying an aduantage intended by both parties, how soeuer they wil seeme to colour the matter. So that the Prouerbe is not to be vnderstood, vpon all bargaines of commodities whereby a man becommeth a loser; and he that dealeth in barter must be very circumspect, and the money giuen in barter cannot be ouerset: Whereupon a principall Merchant of London, made once a barter, in hope to ouerreach another Merchant, and they both being resolued to doe their best indeauour therein, agreed to esteeme and value their commodities at a high rate:A cunning commutation. but withall the great Merchant, would haue the one moitie (of the somme they should barter for) in readie money, and so the more hee did ouerualue his commoditie (which was cloth) the more money was the other to lay out. The bargaine came to one thousand pounds starling, whereupon the partie payed fiue hundreth pounds in readie mony instantly (for all was done in two houres:) and deliuered him also fortie halfe pieces of Lawnes, at a certaine price the first piece, and in euery two or three pieces raising the price, as the manner is in that kind of commoditie. The great Merchant had ouerset his commoditie or clothes fiftie vpon the hundreth, and the other Merchant (that could not ouerset his money) had valued his Lawnes at a very high rate of three for one at the least. For all the said fortie halfe pieces of Lawnes [Page] were sold for 120 ll payable at two yeares day of payment, and by the cloth there was not lost aboue one hundreth pounds. Hereupon long after the said parties fell at variance, the cause was by them compromitted vnto verie sufficient arbitrators, Merchants, and they did approoue and confirme the said Commutation and Barter to bee good, for that the commoditie was Merchantable, and they had endeauoured to trie their wits to ouerreach each other. And moreouer they awarded, the great Merchant to pay charges, and willed him to remember the old Prouerbe, Hee that buyeth Lawne before he can fold it, will repent before he hath sold it. But these particular commutations betweene man and man are not hurtfull to the Common-wealth, vnlesse they be betweene vs and forraine Nations in the pluralitie of the things commuted betweene vs and them.

A Rule for commutationsTo prescribe therefore some kind of Rule in Permutations, let vs obserue that there is (in effect) Three kindes of them, and may bee distinguished and said to bee, Discreet, Temperate, and Desperate.

Discreet commutation.The Discreet is, where (without any compulsion, or of course) one kind of commoditie is, either in specie, or according to the rule of money bartered or deliuered for another commoditie of another Kingdome; as the bargaine was to deliuer Sea-coales of New-castle, into France for Salt, paying the fraight on either side equally betweene them.

Temperate commutation.The Temperate Commutation is, where a Merchant doth expect a conuenient time for the selling of his commoditie, according to the accidents and occasions offered, and doth not ouerthrow the Market of others (that haue the like commoditie to sell) by his rash sale.

Desperate commutation.The Desperate Commutation is meere opposite vnto it, where a man either for want of discretion, or vpon vrgent necessitie to supply his credit and occasions, selleth or bartereth away his commodities, for other forraine commodities to returne homewards. In all which great discretion is to be vsed, and this ought to be a principall studie for Societies and Companies to looke vnto. Albeit the same is not of such importance, as the buying of forraine commodities at deere rates, when Merchants striue to engrosse them, vpon the arriuall of Ships, as (for Corrints) hath happened at Zante and Venice.

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CHAP. IX. Of ordinarie buyings and sellings of Commodities.

EVerie man knoweth that in the buying and selling of commodities, there is an estimation and price demanded and agreed vpon between both parties, according to a certaine equalitie in the value of things, permuted by a true reason grounded vpon the commodious vse of things: So that equalitie is nothing else but a mutuall voluntarie estimation of things made in good order and trueth,Definition of equalitie. wherein inequalitie is not admitted or knowne. And the seller is to sell his wares according to the common estimation and course, at such time as he shall thinke conuenient, vnlesse it be for victualls and munition, wherein necessitie compelleth him to sell for the generall good, by the interposition of the magistrates by whose authoritie he can obserue no time, but must sell, taking a reasonable gaine for the same: for the estimation is also the greater vpon such occasions and accidents, when the selling of a thing is not according to the goodnesse of the nature of the thing, but rather according to the vsefulnesse of it to mankind; and therein the condition of the thing is to be considered, which may decay and be subiect to corruption in quantitie, qualitie, and substance, or which is not subiect thereunto.

True it is that there can be no rule prescribed or taught how to buy and sell, which is lawfull and vnlawfull, or iust and vniust, by any wise man whatsoeuer, because the children of this age are wiser than the children of light in their generation and calling; which is the cause that some Diuines (hauing written hereof) do proceed with great moderation,Tho. Aquinas, Scotus, and others. obseruing that the transferring of things from one owner vnto another, is effected fiue maner of waies by priuate persons.

1 By Donation, which is altogether of free gift, according to the saying recorded, Luke the sixteenth chapter, Mutuum date,

Fiue means to transferthings

nihil inde sperantes.

2 By Permutation, Do vt Des, I giue because you should giue: as the prouerbe is,

Si mihi des, tibi do, si nil des, nil tibi reddo:

Hoc verbum do, das nutrit amicitias.

3 By Emption or buying of things.

[Page]4 By Vendition or selling of things.

5 By actiue mutuation, or mutuall giuing or lending of moneys.

Eleuen conditions in the buying and selling of things.And in buying and selling of things, there are required eleuen necessarie conditions; First, a consent in the selling; secondly, a power to sell, the like in the buyer; thirdly and fourthly, consent and power; fifthly and sixthly, some conditions on either side, agreeing in the transferring of the thing; seuenthly, that the same be honest; eighthly, also lawfull; ninthly, and tenthly to be without vnreasonable conditions, to buy and sell the same againe; eleuenthly, that it be an absolute irreuocable bargaine. And herein is the law of nature to be regarded and obserued, Quod tibi fieri non vis, alteri ne feceris, or do as you would be done vnto: Yet if I haue occasion to buy that which another is about to buy, it is lawfull and iust for me to buy the same.

Three things to be obserued in the selling of things.But to auoid suspition in selling iustly or vniustly, three things are required; First, the buyer to be expert in the commodities he buyeth; secondly, that he be not too needie, or constrained to buy; and thirdly, that persuasiue reasons be ommitted, which cause the partie to buy deerer.

The Ciuilians (affirming, that probabilitie to proue the estimation of a thing is sufficient, whether it be more or lesse worth) do admit that a man may sell deerer vnto an expert man, than vnto a simple man; and to sell deerer than the thing is worth by common estimation, is adiudged by them to be alwaies vniust: as also to vse reasons and inducements to sell wares the deerer, neither is the seller to demand or expect any thing aboue the price agreed vpon. And intreating hereof, they make large discourses, which I do admit to handle for the reasons aforesaid.

Buying and selling, say they, is done two manner of waies, First that the thing be so bought, that all power of pretence be auoided, which is giuing a thing at a certaine price for the thing: and secondly, that the thing sold be as a gift for that price, which in substance may be said to be a plaine, absolute, and lawfull bargaine, sold (as we say) in open market or shop,Selling in open market or shop. in so much that there be not a curtaine to hide the commoditie so bought and sold: howbeit in all faires and markets in the parts beyond the seas, a Trades-mans shop, and a Merchants ware-house is taken to be publicke and open at the appointed times.

They haue also determined, that a seller may not demand a greater price for the forbearance of his payment or satisfaction of the thing, but he may well diminish the price, if the buyer do satisfie him the sooner,Payments by anticipation. and before the time of paiment, by way of anticipation, which neuerthelesse resteth in his power to accept thereof, or to expect the time. But this is commonly done (not by abating of the price of the commo ditie, because money hath made a certainetie of the totall summe of the said commoditie) but by allowance or deduction of the interest of the said money for the time to come and [Page] vnexpired, according as they make their agreement of the price of interest.

To conclude the premisses touching buying and selling, we find, that no man in selling any wares is bound to declare, whether any quantitie of the like wares are to be had or expected when he selleth.

CHAP. X. Of Suretiship and Merchants Promises.

HAuing intreated of the ordinarie buying and selling of commodities, either for money to be paied at some daies of payment, or for wares to be deliuered by way of permutation, (wherein many times a third person is interposed, or it doth meerely depend vpon the parties promise) it may seeme conuenient to handle the point of Suretiship and Promises.

For albeit as the Ciuilians say,A bare or naked couenant. that Nudae pactio obligationem non parit, exceptionem parit, a bare or naked couenant bindeth not, but breedeth exceptions; this is to be vnderstood vpon contracts, and where no sureties haue made any promise: But otherwise if any merchant do passe his word for another; it maketh him liable, as fide inssor to performe the same, and the act done before is a sufficient good consideration, and they all agree that bona fides inter mercatores est seruanda, Faith or trust is to be kept betweene merchants, and that also must be done without quillets or titles of the law, to auoid interruption of trafficke, wherein his Suretiship is to be considered according to the promise; for if it be conditionall, if such a man do not pay, then the other to pay the same within a time, or to saue him harmelesse: it is first to be demaunded of the Principall, and if he do not pay, then the Suretie is to pay it without any course of law, vnlesse he be ordered by the Court of Merchants to performe the same, because that thereby he may also the sooner recouer the same of the Principall for whom he did giue his promise. It is also a custome amongst Merchants, that if a Merchant be indebted vnto another, and thereupon intreateth another merchant to desire the creditor to respit him some time for the paiment of it; if then the said merchant the debtor do not pay accordingly at the time, he shall be taken pro confesso, and sentence [Page] shall be giuen by the Merchants Court for the paiment thereof, onely vpon proofe made, that he did will another to craue the said respite of time for the paiment. The like is done by the Common law of England by triall of Iuries of 12 men, vpon proofe made by euidence produced before them, that the debtor did craue day of paiment, so that they will thereupon deliuer their verdict, and iudgement and execution may be of course had for the same. But if the promise be not conditionall, then is he an absolute Suretie, and is to pay the same accordingly, as merchants of credit alwaies haue done.

To become a suretie vnawares.A merchant may also be come in the nature of a Suretie vnawares, or vnknown vnto him, as befell vnto a friend of mine not may yeres since at Frankford in Germanie, who during the Mart or Faire, went into a merchants Ware-house to conferre of some businesse with him, where hee found another merchant of his acquaintance to cheapen some parcel of silke wares with the said other merchant, to whom this man (as it seemed) was vnknowne; whereupon the seller of the said silk wares tooke occasion to aske my friend whether he were a good man and of credit, and he answered he was, so the bargaine was made, and goods were deliuered vnto the said merchant the buyer, to the value of 460 ll, for the which he made a bill obligatorie, payable the next Faire following: at which Faire (the partie not appearing) demand was made of my friend to make payment of the said 460 ll, because the partie was absent, and withall some doubt was made of his sufficiencie; my friend had not so much as remembred that any such question was demanded of him, but the partie did put him in mind of it by circumstances, and would be paied of him, he in defence did alleage it to be nudum pactum ex quo non oritur actio, and so not bound to pay the same, as hauing had no consideration for it. The opinion of merchants was demaunded, wherein there was great diuersitie, so that the Ciuile Law was to determine the same; and by the said Law according to the title de mandato consilij, he was adiudge to pay the said 460 ll, and to haue the debtors bill obligatorie made ouer vnto him,A caueat for merchants &c. whereof he could neuer recouer one pennie, although he did pay the whole debt and dammages, for the partie became insoluent. This may be a good caueat for merchants and all men; for if he had said, He is taken or reputed to be a good man of credit, or, I take him to be so; he had beene cleered by the law, and the custome of merchants.

Considerable promises.Some promises are considerable, according to reason, as if a man vpon a penaltie do promise another not to molest or trouble him; if the other giue him cause of offence to breake the same, he incurreth not the penaltie; and a promise made to do a thing is alwaies vnderstood to be for the first time. So to make a promise that a pawne shall not be alienated, yet it is held by diuers that the same may be hipothecated vnto another, so the pawne be preserued. Againe on the contrarie, if a ship-wright do promise to build a ship for a merchant, and hee causeth the same to be done by another, here the promise is [Page] broken by the Law, albeit this question is not materiall, for it is not like that the building of Ships can be done without contracts in writing, and onely by bare promises. And the like may bee said to the greatest part of all the questions, wherewith the Bookes of Ciuilians are fraighted; so that for Merchants vnderstanding, the ancient ordinarie Customes obserued in the course of the said Essentiall Parts of Trafficke, is plainely to bee declared and distinguished from litigious questions.

CHAP. XI. Of the Reuolution of Buying and Selling of Commodities, by the course of Trafficke.

EVen, as the whole Commerce and Trafficke consisteth of our Land Commodities, and some fishing on the Seas, and of the Commodities of forraine Nations; So from hence followeth, An efficient Cause of a kind of Reuolution in buying and selling of Commodities: because the commodities of one countrie growing rancke and aboundant, are transported into other countries, in whose steed needfull commodities of those kingdomes and countries and returned thither, which is a neighbourly lending betweene kingdomes and countries. For, as is noted, God caused Nature to distribute her benefits, or his blessings to seuerall Climates, of diuers things found in some places, that are not in other places; to make an interchangeable course of the said commodities by way of merchandizing.

This Reuolution of Trade,Sundry means for buying and selling. may be illustrated by the consideration of the seuerall meanes, whereby the said buying and selling are effected.

1 The first is, buying with readie money,For readie money. which is commonly the best, and with most aduantage, for commodities are sold better cheape: wherein the knowledge of the goodnesse and necessarie vse is requisite.

2 There is also a buying and selling of Commodities,For readie mony and paiable at times. paiable at some limitted time or times of paiment, or partly readie mony, and partly at times: and the difference of price heerein, is commonly aboue tenne vpon the hundreth more or lesse, as the rate of monyes at interest are in the places of Commerce, where the said Commodities are sold or bought, and according to the plentie of mony extant, vnlesse the superaboundance of Commodities doe alter the same, especially if the Commodities be perishable, by Corruption, Time, and Accidents; so that the condition, qualitie, or goodnesse of the [Page] commoditie is much to be respected: which was the cause that when commodities did abound at the first, and the wealth of man was described by cattle and the like perishable things; all kind of metall (as being durable) was most esteemed, and the purest mettall taken to be fittest to make monyes of, as hereafter shall bee amply declared in our second Part.

By Billes of Exchange.3 There is another buying and selling of commodities, to bee payed by Billes of Exchanges, that is to say, The Buyer giueth a Bill of Exchange, or many Billes to bee payed by exchange in another place; as for example one buyeth fiue hundreth pounds worth (at London) in commodities, which are accounted in price, as if hee had bought them for readie mony, and doth giue vnto the Seller of the said commodities one or more Billes of Exchanges for Antuerp, Amsterdam, or any other place, to be payed according to the price of exchange which is made, or ought to be made, according to the value of the monyes of one Countrie, and the value of the monyes of other Countries, by weight and finenesse, as shall be heereafter declared, and that according to the distance and discrepance of the time and place, where and when the said monyes shall be payed by the Buyers friend, Factor, or Seruant; and so the said Bill or Billes of Exchanges are payed accordingly for the commodities so bought.

By mony payable in Banks.4 Another Merchant, hauing mony in Bankes, or in the Bankers hands at Amsterdam, or any other place where Bankes are kept, buyeth some commodities in the said places, and casting vp what the same doth amount vnto; hee goeth to the Banke and assigneth the Seller of the said commodities to receiue so much mony there, and the Banke (accepting thereof) giueth him satisfaction in the payment he maketh vnto others, according to the manner of Bankes hereafter declared.

By a Letter of Credit.5 Another buyeth some commodities there, or in any other place beyond the Seas, and for that purpose he hath a Letter of Atturny, called a Procuration, or a Letter of Credit, either from his Master or any other here at London, or elsewhere; who vpon his Credit, hath promised thereby to pay the value of the said goods in some place beyond the Seas, according to a price of Exchange agreed vpon betweene the parties here (and the like is done beyond the Seas to be payed here) which is still according to the value of monyes in both parts, answerable to weight and finenesse by way of Exchange. And the like is done betweene London and Exeter, Plimmouth, Yarmouth, and many other places, vpon the very same and vniforme Coyne, by Letters Missiue betweene Merchants here and there.

For Billes Obligatorie.6 The most vsuall buying and selling of commodities beyond the Seas, in the course of Trafficke, is for Bills of Debt, or Obligations, called Billes Obligatorie, which one Merchant giueth vnto another, for commodities bought or sold, which is altogether vsed by the Merchants Aduenturors at Amsterdam, Middleborough, Hamborough, and other places. For when they haue sold their Clothes [Page] vnto other Merchants, or others, payable at 4, 6, 8, or more months; they presently transferre and set ouer these Billes (so receiued for the payment of their Clothes) vnto other Merchants, and take for them other commodities at such prices as they can agree with the Seller of them, be it Veluets, Silkes, Satins, Fustians, or any other wares or commodities, to make returne of the prouenue of theirs; and so selling those forraine commodities here in England, they presently buy more Clothes, and continue a Reuolution of buying and selling in the course of Trafficke and Commerce, being so (in effect) as may be illustrated by example.

Suppose A.B. the Clothier selleth to C.D. the Merchant one pack of Clothes,Example of of the Reuolution in Trafficke. for the summe of one hundreth pounds paiable at six moneths, and doth condition with him to make him a Bill in the name of such a man as hee shall nominate vnto him: A.B. the Clothier buyeth of D.E. the Gentleman, so much Wooll as amounteth to one hundreth pounds, and doth intend to deliuer him the Bill of C. D. the Merchant, in full payment of his Woolls, and to cause the same to be made in his (this Gentlemans) name: But D.E. the said Gentleman, caused him to make the Bill payable to E.G. the Mercer, and the Mercer is contented with the like condition to accept thereof; but he caused the same to be made payable to C. D. the Merchant, of whom hee buyeth his Veluets and Silkes; and so in payment of them, hee deliuered him (by an Intermissiue time) his owne Bill, which hee first should haue made to the Clothier. And herein you are to note, that in the buying by Bills, it may bee made payable to the Clothier, or to the Bearer thereof, and so all the parties are bearers thereof, vnto whom the same is set ouer by Tradition of it onely, which by a Retrograde examination will appeare; and this is called a Rescounter in payment,Rescounter by Bills of Debt. vsed amongst Merchants beyond the Seas, and seemeth strange vnto all men that are ignorant of this Custome, and yet doe they perceiue a reason for it, and cannot deny the commodiousnesse thereof.

The Common Law of England, is directly against this course; for they say there can bee no alienation from one man to another of debts; because they are held, Choses en Action, and such whereof no propertie can passe by assignement or alienation; and many good Lawyers doe wish as well as Merchants, that there were an Act of Parliament made for the establishing of the like course in England. By reason whereof, let vs in the next Chapters handle this matter more distinctly, and declare the benefits which the Realme will receiue thereby, and all Merchants and others negotiating for great summes.

There are other manner of buying and selling of commodities, by Contracts, and vpon Conditions and Casualties, which are to bee declared in their proper places, whereunto relation may bee had hereafter.

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CHAP. XII. Of the Transferring or setting ouer of Billes Obligatorie, betweene Merchants and others.

WE haue in some measure, in the precedent Chapter, declared the Vse and Custome of Merchants beyond the Seas, in the Transferring and setting ouer of Bills Obligatorie, or Billes of Debt, which they giue each to others for the payment of Commodities, bought and sold by way of traffick and trade, it resteth now to speake thereof more amply. For the sinceritie of plaine dealing hath hitherto beene inuiolable,The manner of Billes beyond the Seas. in the making of the said Billes, which euerie man of credit and reputation giueth of his owne hand writing, or made by his seruant, and by him subscribed, without any seale or witnesse thereunto; and is made payable to such a Merchant or person, or to the Bearer of the Bill, at such time or times of payment as is agreed and concluded betweene the parties, either for money or commodities lent or bought, and so declared in the said Bill, according to the forme hereafter expressed.

This Custome is much practised by the Merchants Aduenturers beyond the Seas at Middleborough, Amsterdam, Antuerp, Hamborough, and other places where they do trade, in manner following, as we haue noted.

A Merchant, hauing many of these Billes, which he hath receiued for his Clothes sold vnto Drapers (or other Merchants dwelling in seuerall townes and places) will resort vnto a Shop-keeper, or another Merchant, commonly accompanied with a Mediator or Broker, to buy a good round quantitie of Silke wares,The setting ouer of Billes of Debt. or any other commoditie (which is ordinarily sold payable at some dayes of payment either 4, 6, or more monethes) and hauing agreed vpon the price of the said commoditie, or before; hee maketh the seller acquainted what payment or satisfaction hee will giue him, in Billes of such and such persons, amounting to such a summe, either little more or lesse than the commoditie doth amount vnto; or to take in commoditie so much as the said Billes doe containe, or doe amount vnto; and if there bee any remainder due for the commoditie, more than the Billes doe amount, the same to bee payed in readie money, or vpon his owne Bill, payable at such a time as they agree betweene them, which often commeth to be a [Page] great summe. Heereupon all such Bills as are of knowne persons are soone accepted of, and of the vnknowne persons, either himselfe that is the Seller, or the Broker, will inquire of their sufficiencie, and then likewise accept of their Bills in paiment; and hauing taken their Bills, (which are made payable to the Bearer, as we haue said) the receiuer of these Bills goeth vnto the parties, and demandeth of them, whether they are contented to pay him those Bills at the time specified therein, according to the manner of merchants for commodities (which if it be within one moneth after, it is accounted to be verie good payment:) The Debtor maketh answere, that he will pay his Bill to the bearer thereof accordingly; for if this man will not ride out (as they say) the time of the payment of the Bills, he may go to another man, and buy other commodities therewith, as if it were with readie money, the time onely considered: nay more, if he will haue readie money for these Bills,Selling of Bill, Obligatorie. he may sell them to other merchants that are moneyed men, and abating for the interest for the time, and (commonly one moneth ouer) according to the rate, as they can agree, and as money is plentifull, they shall haue money at all times to imploy in commodities, or to deliuer by exchange, or to pay debts withall, or to carrie home in specie, or for any other purpose at their pleasure; which is commodious for young merchants hauing small stockes, as also for all men vpon all occasions: for it is properly as money paied by assignation, whereby verie great matters are compassed in the trade of merchandize, the commodities are sooner vented in all places,General benefits by setting ouer of Bils of Debt. the Custome and Impositions of Princes do increase, the poore and mechanicall people are set on worke, men are better assured in their payments, the counterfeiting of Bills, and differences are preuented; the more commodities there are sold the lesse readie money is transported, and life is infused into trafficke and trade for the generall good. And herein we see and may obserue, That things which be indeed, and things which are not indeed, but taken to be indeed, may produce all one effect; and euerie man is enabled with his owne meanes and credit, to augment commerce.

This laudable custome (as I said) is not practised in England; yet sometimes a Merchant Stranger will accept of Bills of Debt in payment for commodities sold with aduantage: But then the Bill is made new againe, and in the Merchant Strangers name; and this is not without some daunger to him that buyeth the commoditie or merchandise for another mans Bill, as Factors may doe for their Masters: for I haue obserued by good experience,A Law Case about the setting ouer of Bills. that a Factor in London, hauing sold for his Master (a Merchant of Antuerpe) some commodities to an English Merchant to the value of seuen hundred pounds, and taken the Merchants Bills payable at six moneths and six moneths for it: his Master of Antuerpe did appoint him to buy Bayes [...]or these Bills of another Merchant, which he did performe, [Page] and had the value of 700 ll deliuered vnto him in Bayes accordingly, and the Bills were to be altered in the other Merchants name for his Bayes. Shortly after it fell out that the English Merchant became insoluent: But before it was publickely knowne, the Factor brought the Bills altered (according to the agreement) in the Baye Merchants name, who did refuse to accept of them, and said the Factor should pay him. The Bills were tendered with a Scriuener according to their agreement, but still were refused. The time of payment being expired, the Bay Merchant did arrest the said Factor: the matter was tried before the Lord chiefe Iustice of the Kings Bench by a Nisi prius in London, by a partie Iurie of English men and Strangers: The verdict was found for the Bay Merchant, and the Factor did paie the money, and had no remedie against his Master. The reason was deliuered by the Iudge, That the Common Law in this case requireth a Release or Acquittance for the payment of the Bayes to be made to the Factor, otherwise he was still bound by the Law to answere for the said Bayes.

To establish this Custome in England.This custome might (with great facilitie) neuerthelesse be established in England, and would be verie beneficiall to the King and the Common-wealth ingenerall: for albeit that the strict Rules of the Law demaundeth a sealing and deliuerie of Deedes, and that the Bill cannon conueniently be made payable to the bearer of it, or be altered in another mans name as abouesaid, neither can it be recouered by a Letter of Attorney, which in England is alwaies reuocable before the fact: Neuerthelesse, if there were a Register kept of the passing and transferring of these Bills from man to man, and by an indorsement thereof also vpon the Bill, it might be done with ease, and the bearer of it should be acknowledged thereby to be the lawfull Attorney in Law; and by these meanes the vndecent Plea of Non est factum would be cut off. And, to preuent fraudulent dealing, if any Bills should be lost, notice might be giuen instantly to the Register (which at Lixborne and Roan is called a Prothonotarie) by meanes whereof many questionable parcells or payments are made apparant,Office of Prothonotarie at Lixborne and Roan. and the Bills for the most part doe remaine in the office at the disposition of the last Assigne or Assignes; which is the cause also, that most vsually Bills are made for all things bought and sold betweene parties and parties, whereby many payments are made by Rescounter,Rescounter by Bi [...]ls for payment. as if it were in banke, hereafter to be declared; for Merchants do meet, and in a manner iumpe together in their said payments. And hereby also may the difficultie (for the taking of an Acquittance as aforesaid) be remoued, by entring an acknowledgement of satisfaction before the said Register, at the time of the transferring or registring thereof. I haue taken paines to haue this to be established here: but hetherto things are not rightly vnderstood, as is to be wished it were, whereby other nations haue still an aduantage.

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CHAP. XIII. Of the nature of Bills Obligatorie beyond the Seas, and in England.

SVch is the sinceritie and Candor Animi amongst Merchants of all nations beyond the seas, in the obseruation of plaine dealing concerning the said Bill [...] Obligatorie betweene man and man, that no man dare presume to question his owne hand; for if he be stayned therewith, he is not only vtterly discredited, but also detested of all Merchants: The forme of the Bills being as followeth, onely Mutatis mutandis.

Forme of Billes Obligatorie.

I A. B. Merchant of Amsterdam doe acknowledge by these presents to be truely indebted to the honest C. D. English Merchant dwelling at Middleborough, in the summe of fiue hundreth pounds currant money for merchandise, which is for commodities receiued of him to my contentment, which summe of fiue hundreth pound as aforesaid, I do promise to pay vnto the said C.D. (or the bringer hereof) within six months next after the date of these presents: In witnesse whereof I haue subscribed the same at Amsterdam the 10 of Iulie 1622, Stilo nouo.

A.B.

In the East Countries, and sometimes in the Low-countries they will put a seale to it, and then the word subscribed and sealed goeth together: but there is no mention made of any deliuerie or deed, for that is vnderstood of course, in so much, that if for want of payment the Bill be put in suit, and the partie adiourned or cited to make his appearance: The Iudge (making no doubt of any such matter) will instantly say to him, My friend, what is the reason that you haue not payed this your Bill to C.D? for to deliuer a Writing, [Page] or a Bill as an Called Apocha or Apodissa by the Ciuilians. Escroll (as we say at the Common Law) is vnknowne vnto all Merchants there, and the bringer of the Bill (called with vs the bearer of it) shall be admitted to recouer the same without any Letter of Atturney, or other Warrant.

Especial notes concering Bils Obligato [...]ie.The Ciuil [...] Law, and the Law Merchant do, require that the Bill shall declare for what the debt groweth, either for Merchandize, or for Money, or any other lawfull consideration. The words Currant Money for merchandize, is, because that Merchants for diuers respects tollerate commonly the moneys to go currant at a higher rate in the course of trafficke, than they are valued by publicke authoritie of Kings and Common-weales: And when the Bill mentioneth Money, it is taken to be Money at deposito or interest; wherein is to be obserued, That the interest must be ioyned with the principall summe, without any specification, whereby it may be separated or distinguished, because the debtor shall not pretend to pay the same at his best opportunitie and pleasure; as may (thereupon) be done for money letten for loane, retaining still the principall in his hands, and paying the interest from time to time, quarterly, or halfe yearely: for it is lawfull and accustomed, that although one hundreth pounds were taken vp for one whole yeare, after the rate of ten vpon the hundreth; the Debtor or Taker vp of it, may discharge the same at three moneths, if he will, paying one hundreth and two pounds ten shillings, vnlesse the Bill made for the same be made paiable at a time limited, with a penaltie of a summe of money, called by the Ciuilians Poena Canonica, which with vs in England is done vpon a Bond, with a forfeiture of halfe or double the summe of the principall, wherewith the interest is also ioyned without distinction, which may not exceed the rate of ten vpon the hundreth for the yeare, in the computation whereof, diuers things are to obserued, as we shal declare hereafter.

Now if a Bill made beyond the seas be done by two, three, or more persons, as hauing bought a commoditie as partners together, or taken vp moneys together at interest, wherein they bind themselues all as principall Parties or Debtors; yet euerie man is but bound to pay his part.Subscription of Bills Obligatorie. The like is, if one be bound, and two, or more do put their hand and seale, and vnder-write, and seale the said Bill as Principals, yet paying their proportionable parts, they shall be cleered by the Ciuile Law, and the custome of Merchants: but if they doe simply subscribe, and say we are Sureties, then they are all bound for the whole, as if the words we or either of vs in solidum were expressed: which is the cause that in all notariall writings (onely vsed vpon questionable matters decided, or to be decided) they do not only bind the parties with these words, but they do also make a declaration of all renuntiations of priuiledges,Renunciation of Priuiledges, and what they be. and especially of exceptio diuisionis, and then it is one for all. Exceptio ordinis & excus sionis, is to meddle with the Suerties before the Principall: Renouncing the Letters of Adrian the Emperour, for the cessions of goods, Prolongations of paiments, Vintages, or free Martes, all [Page] Constitutions, Canons, Priuiledges, or Statutes and Acts of Parliament made or to be made, published or enacted; and in these cases the debtor is alwaies to be bound with the Suerties in all Acts or Instruments made before Notaries. Renouncing also the benefit of Senatus-consultus, or Arrest Velle Ioan, for the prerogatiue of women, which vpon the decease of their husbands doe claime their portion brought in by them in marriage, or their dower, or any thing else that may be alleaged or imagined.

In England, Billes Obligatorie being made payable to the partie, his Heires, Executors, Administrators, or Assignes, may conueniently be set ouer, as aforesaid; because the lawfull assignee shall bee of Record, and registred also vpon the Bill, and if there bee two or more bound in a Bill, fraudulent dealing will be also better preuented; for by the Common Law,Acquitance to one dischargeth the rest. if one doe release one of his Debtors (by way of acquittance) that is bound with others vnto him, they are all released and acquited thereby, although there were neuer so little payed of the debt; insomuch that a receit for parcell of the mony receiued of one of the debtors, being made in full payment of his part onely, doth neuerthelesse discharge them all, as for example by woefull experience may be demonstrated.

Three Linnen Drapers of London, bought of a Merchant stranger 40 pieces of fine Hollands cloth, amounting to 160 ll, and gaue their ioynt Bill for the payment of it at six moneths: one of them became insoluent, and being imprisoned, made a composition with the Merchant for eight pounds, and thereupon had a generall acquitance made to him onely. Shortly after, the other two Linnen Drapers, being somewhat pressed for the payment, and ingaged for the other, they did plead the other mans generall acquitance, which was but a receit made of the said eight pound, expressing that is was in full of his part; and neuerthelesse vpon triall in Law, it was adiudged to be a sufficient discharge for them all, in nature of a generall acquitance. These obseruations at the Common Law, and such like Booke cases as I haue put downe, I hold to be necessarie for Merchants to know, albeit wee handle the Law-merchant in this Treatise, and not matters of the Common Law. If you take beyond the Seas any Bill Obligatorie for money deliuered vpon two or three liues, or for wagers or layes, which are conditionall,Bills Obligatory vpon two or three liues. let the partie be put to prooue: if vpon proofe of liues, make the Bill payable at a day certaine, vnlesse one of the parties were dead: whereby the partie is bound to pay, or else to prooue the decease of the one: on the contrarie, if you make the Bill to be payed, if they be all aliue or liuing, then must you prooue they be liuing. To conclude, Abundans Cautela non nocet. Finally, if a Bill be thirtie yeeres old, and neuer demanded or questioned, it is void by the Ciuile Law, and the Law or Custome of Merchants doth not take any knowledge thereof.

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CAHP. XIIII. Of Letters of Credit and Blankes signed.

THE Credit of Merchants is so delicate and tender, that it must bee cared for as the apple of a mans eye: Hence it doth proceed that Letters of Credit are had in such reputation, that the giuer of them will be well aduised before hee doe make them; and the partie to whom they are directed, will be carefull to accomplish them, for it doth concerne both their Credits: The giuers Credit of the Letters, will bee had in question of insufficiencie, known to the other that he doth not accomplish them, or he that doth not performe them may bee thought to be weake and to want meanes to doe the same.Definition of Letters of Credit. To make Letters of Credit, is properly a Participation of Credit to another, which is performed as followeth. A Merchant doth send his friend or his seruant (either within the Land or beyond the Seas) to buy some commodities, or to take vp money for some purpose, and doth deliuer vnto him an open Letter, directed to another Merchant, requiring him that if his friend such a one, the Bearer of that Letter (being either his friend or seruant) haue occasion to buy commodities, or to take vp monyes to the value of so many hundreths, or so many thousand pounds in that place or thereabouts; that hee will either procure him the same, or passe his promise, Bill, or Bond for it, and hee will prouide him the money, or pay him by exchange, or giue him such satisfaction as hee shall require: the partie to whom this Letter is directed will accordingly doe his endeuour and performe the request of the other, and keepe the Letter for his assurance or securitie, and what hee doth thereupon vndertake, is made apparant by such Writings or Euidences as hee taketh of the said Bearer of the Letter, that thereupon hee may bee well dealt withall accordingly. But if it should fall out, that for some knowen cause to this partie, he doth not accomplish his request contained in the said Letters of Credit: Then the Bearer of the same keepeth the said Letters, and returneth them vnto the giuer, without any other proceeding;Protests for the non-performance of Letters of Credit. vnlesse it be in case where this partie is a debtor to him that gaue the Letters of Credit, and then he must take witnesses of it, and with a Scriuenor or Notarie make a Protest against him, [Page] protesting to recouer of him (by all lawfull and conuenient meanes) all the damages, charges, and interest, which hee or any other shall sustaine thereby, by reason of the nonperformance of the said Letters of Credit, and that in time and place as occasion shall serue; which Protest is a sufficient meane amongst Merchants, and before any Iudges of the Ciuile Law, to recouer the same, vpon proofe at all times accordingly. But if the partie to whom these Letters of Credit were directed do make a reasonable answere for his excuse, and requireth the Scriuenor to put downe the same in the Act or Instrument of the said Protest; then is the cause considered withall, and the losses and damages may fall vpon another: for if the giuer of the said Letters of Credit, were a debtor to the other that did receiue them, to bee payed by them, either by commodities to bee bought, or monyes to bee taken vp, as aforesaid; then the said Protest may serue the receiuer of the said Letters of Credit to recouer his damages of him that gaue him the same: wherein the Magistrates will haue a great consideration, as a matter whereby the Commerce is interrupted, which is the cause also that men must bee aduised on the other side, not to bee too rash to affirme the goodnesse or sufficiencie of another mans Estate, Credit, or Reputation, whereby a third man becommeth a loser, losse being the greatest hinderer of Trafficke and Trade. The Ciuilians therefore haue a Title in their Lawes, which is strictly obserued, as you shall vnderstand hereafter.

The Signing of Blankes, is also a Custome amongst Merchants, whereby they strengthen the cred [...]t of their Factors or Seruants in the like occasions, which is a matter of great confidence,Great confidence among Merchants. considering the easie transferring of B [...]lles alreadie spoken of. For a Merchant setting his name to a Blanke paper, his Factor or Seruant hath an abilitie to wrong his Master many wayes. Therefore such as are prouident, doe restraine that power by certaine Couenants or Declarations, and yet the same (being knowne vnto the parties that doe make vse of the said Blankes) might become scrupelous thereupon to be well dealt withall, howsoeuer, we see what honest and plaine dealing is vsed amongst Merchants, and what aduentures they beare to compasse their businesses. A Merchant of Antuerp will send his Seruant at Amsterdam to buy him 500 Last of Corne, vpon aduice he hath that Corne is spoiled, or the Haruest faileth in Spaine, Portugall, and other places: and because he is vncertaine what his Seruant can effect, doubting that other men might haue the like aduice, and preuent him; hee deliuereth Blanke paper by him subscribed, with order to his said Seruant, that hee shall vpon such an occasion, write his Letter vpon the said paper to such a man, his Factor at Dansicke in the East Countries, to buy for him the quantitie of Corne which he cannot buy at Amsterdam, and shall date the Letter, as if himselfe had written the same. The Factor of Dansicke doth presently performe the Commission giuen him, and so the businesse is accomplished. [Page] complished. But in this the confidence may bee as great, as in the making of Billes Obligatory, and yet the aduenture farre inferiour thereunto; for vpon these Blankes, there is an Addition to the name, or a Precedence in words, namely, Your louing friend, A. B. &c. which is impertinent, and not to bee vsed in Billes of Debt. Herein we may consider a necessitie to giue Blankes, not only because of the Masters Credit requisite; but also because of the vncertaintie in the finding of the quantitie of Corne which was to be bought.

CHAP. XV. Of Letters of Attorney, or Procurations and Transports, or Conueyances.

A definition of a Letter of Atturney, &c. A Letter of Attorney, is an Act publikely done before a Notarie or Scriuenor, whereby one man giueth power and authoritie of himselfe vnto another man, by way of Deputation to doe, execute, and performe for him any lawfull thing, which he himselfe (being the Constituant) might or may (aswell present, as absent) doe, conclude, and determine in all causes Ciuile and Politike; with power also to Substitute one or more persons to doe the same vnder him, in the said first Constituants name; and to sweare in the soule of him, if cause so require: albeit the said Letters of Attorney doe differ in the manner and forme, as well as in the Substance, which must be obserued. They are called beyond the Seas Procurations, to procure or effect that which a man would haue commonly in an other place, and in matter of Authoritie for Law Causes, they goe one deg [...]ee further than Letters of Credit, because the Law doth require the same, to the end that the Authoritie or Power of the partie Constituted, may publikely appeare: wherein a Letter Missiue is not sufficient, as the same is in things concerning the ordinarie course of Negotiations and dealings betweene Merchants, which by the Law-merchant are of great validitie.

Procurations generally, or for the most part, containe the word Irreuocable;P [...]ocurations irreuocable. implying that Power giuen should endure for euer, and so it is taken beyond the Seas. But by the Common Law the words are vsed, Pro forma, and a Procuration or Letter of Atturney, is reuocable at all times, vnlesse it bee that the said Letter of Atturney [Page] do containe a Transport of some thing which is conueyed thereby: As if a man do constitute another for the recouvering of certaine moneyes for the parties owne proper vse, without account to be rendred for the same, and the said partie hath recouered the said moneys by vertue of it. This Letter of Attorney cannot be reuoked to any purpose, the effect being fully performed which was the cause thereof. So beyond the seas, if you make a Letter of Attorney to a Procurator in Law, to follow a cause for you in Law, although the same be made irreuocable, yet vpon good cause you may reuoke the same, and appoint another to follow the cause: but it is commonly done with leaue of the Court where the cause is consisting or depending, and because the intimations and citations are to be done at such times as the cause may require, the nomination of some place, as it were to chuse a Domicilium must be done,Procurations with a limited power. but the power may be limited. An Attorney may haue authoritie to conuict a man by law for the recouerie of money or goods, and to proceed to execution by imprisoning of the Debtor; yet he shall haue no power to release him out of prison, without further authoritie; so in the receiuing of goods or money, wherein euerie man is to vse his discretion, as the cause may require.

A Merchant may also make a Letter of Attorney to a Notarie beyond the seas, and thereby to giue him power to make any insinuation, or intimation, or protest, against any other Merchant there, to serue him in all occasions or occurrences concerning the matter in question. For a Procuration is beyond the seas of that validitie, that the partie who hath the same, and is the Procurator, is taken in law as absolute as the Constituant, and many sundrie proceedings may be vsed against him accordingly, by Citations, Intimations, Protests, Recoueries of goods deliuered formerly, and recalled backe againe, or the value thereof vpon any Attachments or Sequestrations, which cannot be done against a mans Factor or Seruant:A caueat for Procurators. therefore they that haue Procurations are to be carefull of the dispossessing of themselues of any goods, or moneys receiued, to be cleered by the Law, which happeneth commonly of goods taken vpon the seas, or sequestred in any Harbour, by vertue of a Letter of Attorney or Procuration.

The Ciuilians intreating of Procurations or Constitutions vnder Titulas Mandati, haue well obserued,The originall of Mandata. that commandements haue their originall from friendship, or out of authoritie of office and place, and that the same are diligently to be executed and kept: and hereupon they haue also noted diuers questions and propositions, Nos igitur pauca tractabimus adrem, de qua agitur, pertinentia.

A.B. willed C.D. his debtor to pay vnto E. [...]. one hundred pounds which he did owe him, C.D. did not pay the said money, but promised to pay the same. Queritur whether C.D. hath performed the commission or commandement giuen him, and whether he be discharged of the debt; as also whether this order or commission can be reuoked. [Page] A.B. owing the like summe to E.F. Herein C.D. hath not performed his commission, which was to pay, and not to promise the payment of the hundreth pounds, and therefore the said Commission might be reuoked, and C.D. was not discharged of the debt, for the matter was entire, and all entire Commissions are reuocable. Mandatum enim re integra, reuocari potest, & res est integra, & si stipulatio promissioue interuenerit cum id non mandauerim. For if C.D. should breake or become insoluent, E.F. would come to A.B. his debtor, to haue satisfaction for the said money, and C.D. was not discharged of the debt owing vnto A.B. But if E.F. had taken his promise for paiment, then vpon proofe made of it, the case is cleere.

It is a question also, whether a Procurator hauing commission to receiue moneys which were owing or lent, and to giue an Acquittance for the same; and receiuing the money without making an Acquittance, haue performed his commission: And the answere is, That he hath not performed the same, because he made no Acquittance, as he was willed to do, Aliud est enim confessio, aliud numeratio. Albeit the Acquittance did not concerne the Procurator, but the partie who repaied the money.

Another case they handle at large, Bartholomew did make and constitute Nicholas to be his Procurator or Agent, in the buying of commodities, to the value of fiue thousand crownes; and he the Constituant to be answerable for the price and totall summe of fiue thousand crownes: and withall giuing full power and authoritie vnto the said Nicholas, that his procuration shall be good and auaileable, during the liues of the honest persons Gerome, Iohn, and Angell, of whom the said Constituant had his Commission, and that they also together and apart insolidum should be bound for the performance, and himselfe also. Nicholas the Procurator by the commission of Ierome, Iohn, and Angell, as also of Bartholomew, caused by an Instrument (or Act past before a Notarie) the said parties to be named in the contract, and thereby bindeth them vnto Titus and Meuius, for the commodities bought of them to the value or summe of fiue thousand crownes. But Bartholomew is not named in the article wherby the other parties are bound in the couenant; whereupon some would conclude, that for want of forme Bartholomew was not bound to the payment, although by commission of the other three he had constituted and made Nicholas to be the Procurator.In Procurations the will of the Constituant is to be regarded. The rule in Law being, Quod vna determinatio respiciens plura determinabilia, aqualiter terminare debet. And herein is the intention and will of all the contractors more to be regarded than the conceit of words, which causeth Merchants to be accounted cauillors, and to lose much of their credit and reputation.

It is also a custome amongst Merchants, that if the Master (knowing that his Procurator hath exceeded his Commission) be silent, the same is taken for a consent; the rather because Procurations (commonly running in generall words, whereby Factors are directed) do comprehend all things which (of course) are to be done touching [Page] moneys or paiment of exchanges for moneys.

The question therefore to know whether a Procurator (hauing commission to sell commodities, or to let them to hire at a price) hath authoritie to receiue the money or hire, may be thought friuolus: for the buyer in matter of sale of commodities in market ouert, hath no regard to the Procurations or Commissions giuen to the seller of the said commodities.

The like may be vnderstood in this question following, Whether a Merchant (selling Cloth vnto an Abbot to cloath his Friers or Monkes) shall not be satisfied and payed for his cloth, although the Abbot did diuert and imploy the same afterwards to another vse? For the vse is no matter to be regarded by the Merchant, but the payment of his Cloth. If a man buying Paper for the printing of a booke, doth not print the booke, and selleth the Paper vnto another Merchant that is no cause but he must pay for the Paper, whereof no man ought to make doubt.

If a Merchant maketh a Procurator,Doubts in procurations by whom to be proued &c. or by letters giueth credit to negotiate some businesse with another Merchant; if this Merchant do take exception to the procuration and letters, and maketh doubt whether the partie that brought the same be the right man: the Procurator is not bound to make any further proofe; but the partie excepting against him is to make good his assertion, and to proue the same by the Law and Custome of Merchants.

Another question is moued, whether a Merchant that hath commission to receiue a summe of money, and to pay the same vnto another, and besides to pay the interest due vnto the partie to whom he paied that money, is bound to proue what interest he payed, and to whom he paied that interest or vse money: it seemeth Prima fronte, that the Merchant is bound to name the partie to whom he paied the said vse money; and yet there is doubt made whether he should pay it without he were compelled thereunto as a thing vnlawfull; and therefore the Commission or Order the Merchant had, is not to be contradicted, but must be allowed without any other proofe, for this question is so resolued by the Ciuilians, and where the proofe is not needfull, there the nomination of the persons to whom it was paied is to no purpose, according to the rule Qui non tenetur probare, non tenetur nominare.

It is also worthie the obseruation,Commissions subiect to Arbitrators. that generally all Ciuilians do concur in opinion, That when Merchants by their Letters or Commissions vse these or the like words, Let all things bee done as shall bee thought most expedient or conuenient, that the said Commissions or Directions are to be left to the interpretation of Arbitrators when any question ariseth; which is also in many more questions concerning Merchants noted in most of their Law bookes: hereof we intend (God willing) to intreat more amply in the next chapter concerning Factors and Seruants, and the Commissions giuen them, &c.

The ordinarie rule of Procurations in things compleat and not [Page] effected, is vnderstood to end with the death of the Master or Merchant that giueth such procurations, albeit there are many exceptions: for a Procuration may be made to endure after his death,Procurations to continue after death &c. which kind of Procurations the Florentines and other nations confirme by their last wills & testaments, which neuertheles are to be vnderstood that the state of an heire be not impaired thereby, wherein the Law interposeth her authoritie. And for a generall rule in all peremptorie and absolute Procurations or Commissions, it must be knowne that the like authoritie is vsed to preuent many inconueniencies, hauing a vigilant care that equitie be maintained.

And that all Merchants or Procurators for Merchants, are to accomplish the lawfull Commissions giuen them, and meanes thereunto being prouided, or else to answere the damages which the parties shall receiue by the default thereof. Those therfore that without any Commission do vndertake things which bring losses vnto the parties are much to be blamed, and by a fuller measure to answere fo [...] the same, or to make by gaine a recompence for the losses, as occasion serueth.

De Constituto.Some that haue written de Constituto haue moued questions, Whether it be lawfull to take penalties or forfeitures, if the Constituant do bind himselfe to performe or else to loose a certaine summe of money? Others, whether a Commission shall be executed by an ordinarie messenger? Others, whether it bee conuenient to vse the words, You shall giue him full credit and trust in what he hath vndertaken to doe? How long the Commissions shall endure, if there be no time limited? and the like questions: which vpon due consideration are easily resolued, and (in my opinion) impertinent to trouble Merchants with them. Such only as are materiall shall be handled in the following Chapter. (*⁎*)

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CHAP. XVI. Of Factors and Seruants, and Commissions giuen vnto them.

THE difference betweene a Factor and a Seruant consisteth chiefly in this, That a Factor is created by Merchants Letters, and taketh Salarie or prouision of Factoridge: But a Seruant or an Apprentise, is by his Master entertained, some receiuing wages yearely, and some others without wages. a Factor is bound to answere the losse which happeneth by ouerpassing or exceeding his Commission; whereas a Seruant is not, but may incurre his Masters displeasure. For albeit that the Spanish Prouerbe is Quien Passa comission, pierde Prouision, that hee that exceedeth his Commission shall lose his Factoridge.Alteration of the case with Factors. The case is altered long since by the Custome of Merchants, and now it is Sub [...]lca lo paga, his purse doth pay for it. Factors therefore must bee very carefull, to follow the Commissions giuen them very orderly and punctually; and because Merchants are not able to prescribe euerie thing, so exactly vnto their Factors as is conuenient, it behooueth them to make good choice of the persons which they doe imploy, for their welfare dependeth vpon Trafficke; otherwise, the Factor groweth rich and the Merchant poore, because his gaine of Factoridge is certaine, howsoeuer the successe of Merchants imployment doth prooue. But hauing a good Factor, which word (Good) implyeth all and more than an honest Factor, who may bee honest and neuerthelesse simple in his proceedings, and others also may be wise and not honest. This Good Factor therefore may bee trusted,Ample Commissions with an addition. and all Commissions giuen vnto him may be ample, with addition of these words, Dispose, doe, & deale therein as if it were your owne; & this being so found; the Factor is to be excused, although it should turne to losse, because it is intended hee did it for the best according to his discretion, which is and ought to be the truest director, making a conscience to see their Masters losse, if they can preuent it: but being limited to the contrarie, they can but grieue, when their counsell and aduice doth not take place, either in the selling of commodities in time, foreseeing a greater losse, or buying some commodities deere ouer hastily, as also in keeping a commoditie without purloyning the same;A Passionate Commission. sometimes vpon a passionate humour, as a Merchant of Amsterdam did of late yeares to [Page] his Factor in London, for being a loser by some Spanish Wines, by writing in these words, My will is that vpon the receit of this my Letter, you goe to the next Ironmonger and buy a Hammer, and run into the Sellor, and strike out the heads of all the Butts of Wine, and let it run into the Sellors: For seeing the deuill hath eaten the horse, let him haue the bridle too. The Factor did herein vse his discretion and kept the Wines, which he afterwards sold to benefit; for he remembred that losers haue leaue to speake.

Difference by Law betweene a Factor and a Seruant.Factors doe deale most commonly for diuers men, and euery man beareth the hazard of their actions; but if a Seruant doe deale for others by his Masters direction, and they breake, the Seruant can be no loser, for hee is taken to haue no other credit but his Masters, which is the cause that Intimations, Citations, Attachments, and other lawfull courses are executed against Seruants, and take no place against Factors vnlesse they haue Procurations. Now let vs set downe such obseruations as Factors ought to know.

Obseruations concerning Factors.

IF a Factor do sell at one time vnto one man seuerall parcells of commodities or goods belonging to diuers mens accounts, to be paied iointly in one or more paiments, without any distinction made by the buyer for what parcels he payeth any summe in part of payment of the said debt, weekely or monethly, as shop-keepers do▪ then is the said Factor to make a proportionable distribution of the moneys so receiued vpon euerie mans account,Commodities bought and sold. according to the summe that euerie mans parcell did amount vnto, vntill all be paied: and if any losse doth happen, or that all be not paied, the said losse is to be distributed vpon euerie mans account accordingly.

If a Factor do sell afterwards more goods to the said man, or any other who is alreadie indebted for other commodities formerly bought, as aforesaid, bee it for his owne account, or other mens accounts, and in the Interim receiue some more monyes in part of payment and account between them; then is the said Factor to distribute the said monyes as before, vntil the said old and precedent debt be first payed, vnlesse there were cause of controuersie for them, or that the payment were indorsed vpon the Bill made for the later goods sold vnto that man: for that Bill may bee transferred or set ouer vnto another man, and so is not hee the receiuer of that money, but the other man.

If a Factor doe sell goods to another man payable at time for his owne account, and rcieveth the money for the same at the time of payment, and in the meane time letteth other mens monyes remaine in that mans hands vnpayed, for goods by him formerly sold; this Factor is to be answerable for that money vnto those other men, although hee should neuer recover one penny of it. For hee cannot (without fraud) beare with the non-payment of other mens monies [Page] after they be due, and procure the payment of his owne money, to another mans losse and preiudice.

In like case, if a Factor doe sell vnto a man certaine goods of another mans account, either by it selfe or amongst other parcells, and this Factor giueth not aduice to the owner or proprietarie of the sale of the said goods, but afterwards (hauing had more dealings with that man in selling of goods and receiuing of monyes) this man becommeth insoluent; The Factor is to make good that debt for the said goods so sold, because hee gaue no aduice to the owner of the sale of the said goods at conuenient time, euen as if he had sold those goods vnto a man contrarie to the Commission giuen vnto him; for the Salarie of Factoridge bindeth him thereunto.

If a Factor by order or Commission of a Merchant, doe buy any Commodities aboue the price limited vnto him by the said Merchant, or that they bee not of that sort, goodnesse, or kind, as he is willed to doe: This Factor is to keepe the same for his owne account, and the Merchant may disclaime the buying of them. The like hee may doe, if the Factor (hauing bought a commoditie according to his Commission) doe ship the same for another place than he hath Commission to doe.

If a Factor doe sell a commoditie vnder the price limited vnto him; he is to make good the losse or difference of the price, vnlesse he can giue a sufficient reason of his doing so: wherein hee is to consider the disposition of the Merchant for whom hee dealeth, as is before noted.

If a Factor buy commodities according to his Commission, and afterwards the price of them riseth, and thereupon (fraudulently) hee ladeth them for another place, contrarie to his Commission, to take the benefit thereof: in this case the Merchant shall recouer damages against the Factor by the Custome of Merchants, vpon proofe made thereof.

If a Factor, by the aduice of a Merchant, doe buy a commoditie for that Merchants account, with the said Merchants mony, or by his credit; and the Factor giueth no aduice of the buying of it to the said Merchant, but doth sell the same againe for his owne benefit and gaine: the Merchant shall recouer this benefit of the said Factor, by the Office of Prior and Consulls, according to the Custome of Merchants, and shall be moreouer amerced for 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 [Page] 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 [Page] 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. [Page] 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. of Antuerp the Factor in this case,Exchange and Rechange. doth accept from time to time many Billes of Exchanges, and payed them accordingly, and taketh vp the mony (by the direction of E.F. of Amsterdam) for Spaine and other places; and so continueth the same for a long time, by way of rechange from one place to another, vpon the said credit of A.B. of London. At last this Factor. C.D. becommeth suspitious, because of this long continuance of mony by exchange and rechange, and writeth vnto the said A.B. of London, to know whether he is contented to continue his former credit by him giuen to E. F. of Amsterdam? A. B. continueth the same, but with a limitation to a certaine summe,Limitation of Letters of Credit. not knowing what summe of money the said C.D. was engaged for the said E.F. of Amsterdam; for C.D. gaue him no notice of it at that time: hereupon it falleth out, that E.F. of Amsterdam becōmeth insoluent, and being much indebted vnto C.D. the Factor of Antuerpe; this Factor requireth his satisfaction at the hands of A.B. of London, according to the former Letter of Credit. A.B. doth answere, That he had restrained and limited the said Credit to a certaine summe, which indeed did cut off all former matters, seeing C.D. gaue him no notice of the moneys owing before, and A.B. was onely to answere for the money which was taken vp by the second Letter of Credit, according to the summe limited, otherwise A. B. had beene cleered of all. But if C.D. did continue those monyes by exchange and rechange, vpon the credit of A. B, and the Factor (with whom hee had correspondence) doth become insoluent, and thereby C.D. the Factor is damnified and payeth the monyes running by exchange, or is bound to pay the same: This Factor is to be saued harmelesse by A. B. because hee tooke vp or caused to be taken vp,The Efficient Cause alwaies to be regarded the said monyes originally: So that his Credit was the Efficient Cause of it, and the Factor is to bee regarded herein, in all reason.

If a Factor doe accept Billes of Exchanges of a Merchant, with order to Rechange the same againe vpon him, or to take it vp by exchange for another place or places, where he the said Factor shall find it to be for the most benefit of the Merchant: if this Factor take vp the same according to his best skill and knowledge, although it be found contrarie to the Merchants intention, the Factor is not to be charged, and the Merchant is to saue him harmelesse for the principall, with exchange, rechange, and all charges of factoridge.

If a Factor do make ouer money for another mans account by exchange vnto another man or Merchant, before he haue notice that this Merchant is broken, and the Bills of Exchange are not due: this Factor hath authoritie to countermaund the payment of this money, [Page] although the partie (vpon whom the Bill of Exchange is directed) had accepted the same. And if the said partie should pay the same before it was due, he is to repaie the same againe to the said Factor, as hauing paied it in his owne wrong, contrarie to the custome of Merchants in exchanges.

If a Factor do fraight a ship for some voyage to be made,Fraighting of ships. going and comming, for a Merchants account, and by his Commission or order, wherof a charter partie of fraightment is made by Indenture between him and the Master of the ship; this Factor is liable for the performance thereof, and to pay the fraight and all things accordingly. But if the ship be only fraighted outwards, and the Factor ladeth the same with some goods, then these goods are lyable for the fraight, and the Master can demaund nothing of the Factor by the charterpartie, but must looke to be paied by the partie that receiueth the goods, according to the Bill of lading; whereby it is conditioned,Bills of lading. that the fraight shall be paied vpon the receit of the said goods. And so is it also if a ship be fraighted to go to diuers parts, as it were bound from one place to another, and to be free in the last place of his discharge: for the Master must still haue an eye to be secured by goods, vnlesse there were an expresse Condition made in the charterpartie, to the contrarie, or that the ship were fraighted by the Great for a certaine summe of money to be paied by an agreement.

If a Factor do fraight a ship for another man, or for his owne account, and when it commeth to the place appointed to vnlade, there are no goods to relade the same, or there wanteth money for the lading thereof; if the Master doe not stay out all his daies of demourer agreed vpon by the charterpartie of fraightment,Protest for not lading. and make a protest against the partie (that he was consigned vnto) to giue him his lading within that time, but commeth away before that time be expired, and although he maketh a protest, for that he is not laden: yet the Factor is to pay him no fraight at all, vnlesse (for the fraight outwards) it were conditioned by the charterpartie. But if the Master do stay out his time, then the Factor is to answere the fraight, although the Master had laden his ship with Salt for his owne account: for if the said ship had bin laden only with Salt by the Merchant, which (it may be) would not pay halfe the fraight, yet the Factor or Merchant may at their pleasure abandon the same to the Master for his fraight,Goods to be abandoned for the fraight. and the Master can demaund no more of the Factor by the charterpartie. But if the Master do take in Salt, and ladeth his ship by his owne meanes, before the daies of demourer are expired, and that by some condition made with the Factor, he may claime fraight; then the Factor is to haue the benefit of the Salt in defalcation of the said fraight.

If a Factor do fraight a ship for a Merchant, and afterwards the said ship is taken to serue the king for some few daies, within the time agreed vpon for the lading; and hereupon the Merchant disclaimeth the fraighting of the said ship, albeit the Factor did proceede to lade [Page] the same: In this case the Factor is not to beare any losse; but what damage shall be adiudged to the Master, the Merchant is to saue the Factor harmelesse of it.

If a Factor do hire a ship by the moneth for another Merchant, or for his owne account, and ladeth the same being readie to depart, afterwards the king maketh a generall Embargo or restraint vpon all ships for a time; the Master cannot demaund any fraight of the Factor for and during the said time of arrest. And if the ship be vnladen againe, and employed in the kings seruice, the Factor is free of all agreements or couenants with the Master.

Money giuen for fraighting.If a Factor do receiue a summe of money of the owners of a ship, in consideration that he fraighteth the said ship for a voyage, promising to repay the said money at the returne of the said voyage: if the said Factor haue fraighted this ship for another mans account, this Merchant is to haue the benefit of this money during the time; and if the Factor conceale the same, he is to repaire the damage thereof, which is to be considered both for the interest, and aduenture of the seas, for the said owners beare the same: and it is supposed that the Merchant would haue assured so much the lesse, or (by imploying that money towards the lading of the ship) he should disburse to much money lesse to make the said voyage, and it may be thought, that in regard of that money, the fraight is made the greater, whereof the said owners of the ship haue had a consideration by disbursing the same.

Assurance.If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage, and haue moneys in his hands to pay for the Premio or the price of assurance; and this Factor doth neglect the same, and giueth no notice of it to the Merchant, who might haue made assurance in another place; and the said ship or goods do perish at the seas: this Factor is to answere the damage, vnlesse he can giue some sufficient reason for the non-performance of the said order or Commission.

Composition made without order.If a Factor hauing made assurance vpon goods laden, which afterwards are taken by the enemie, maketh any composition with the assurers for the same, without order or Commission for it; he is to answere the whole assurance to the Merchant. A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London, himselfe dwelling at Antuerpe, and being a subiect to the king of Spaine in the late warres, caused 2000 ll to be assured at London vpon the said goods; the ship and goods was taken by the Gallies of Sicilia and brought to Palermo, where it was proued that the goods did appertaine to the King of Spaine his subiects; but that there was 2000 ll assured at London by English Merchants, (their enemies in those daies) pretending thereupon to take the said goods for forfeited, or so much of them as should amount to the summe so assured. Hereupon the Assurers (hauing intimation from the Factor of it) desired to make some composition to auoid [Page] that danger, whereby the goods also might bee sooner cleered, and the possession obtained for the owner and proprietarie thereof, which was the Merchant of Antuerp, wherein expedition was required: The Factor (in regard of the said expedition) did not stay to receiue an answere from the Merchant what hee should doe, but maketh a composition with the assurors, for 60 pound for the hundreth pound, to be payed instantly. The goods were afterwards all recouered, whereof so much as had beene assured, was formerly relinquished to the assurors, for the Merchant would not condescend to make any composition with the assurors: So that the Factor did beare the aduenture to lose 2000 ll, for some 1200 ll which hee had receiued, if the goods had not beene recouered; and therefore the said Factor tooke to himselfe the benefit of this composition, by the aduice of the experienced Merchants.

If a Factor by errour of account doe wrong vnto a Merchant,Accounts. hee is to amend and to make good the same, not onely for the principall, but also with the interest for the time. So on the contrarie, if a Factor for his owne wrong, haue forgotten to charge the Merchants account, with some parcells payed out for him, or made ouer by exchange; the Merchant is to answere for it with interest for the time. In these precedent obseruations, are comprised all other cases of differences which may happen betweene Factors and Merchants.

CAHP. XVII. Of the beginning of Sea Lawes.

HAuing in the former Chapters methodically intreated (as also in this hitherto) of the matters therein intended, neuerthelesse according to the Contents of them, the matter being of seuerall natures runneth promiscuously, but in the end will performe the worke. For as the roundnesse of the Globe of the world is compounded of the Waters and the Earth: So this worke of the Law-merchant cannot be compleat, without the Sea Lawes; so called (Lawes) because they are written and knowne; for without Nauigation, Commerce is of small moment, so that the Land affaires shall be intermixed with Sea-faring matters accordingly.

Some doe attribute the first making of Sea Lawes, to the Pheniciaus and Carthaginians, because Plinie doth ascribe the Art of Sayling [Page] vnto them. But by the most ancient Records, the Beginning must be from the inhabitants of the Island of Rhodes,Rhodian Law. scituated within the Mediterranean Sea, who were most famous for shipping and sayling, (as Strabo hath written) and surpassing all Nations in knowledge of equitie in Maritime causes: and the Mediterranean Sea was for aboue one thousand yeares onely ruled by their Law, called the Rhodian Law, although augmented with some additions of the Romanes. At last (as some haue recorded) when all sorts of Lawes, by the euersion and lacerating of the Romane Empire were in a manner buried, the Rulers of Rome in the yeare 1075 made new Sea Lawes and Statutes, and so did euery chiefe Seafaring Towne vpon the said Mediterranean Coast, adding thereunto other ordinances. So did they of Marseilles, in the yeare 1162; Genoa in the yeare 1186; they of Peloponessus called Morea, in the yeare 1200; the Venetians, in the yeare 1262; Constantine 1270; Iames King of Arragon the said yeare; Peter King of Arragon 1340; and they of Barselona 1434: Which Lawes are collected and extant vntill this day. But on the great Ocean Seas,The Law of Oleron. the first Lawes were made by the inhabitants of the Island of Oleron, scituate on the Sea-coast of France neere Saint Martin de Rea, against the Riuer of Charante, which was called Le Roll d' Oleron: by which the controuersies on that Coast were determined, and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries; whereupon diuers Statutes both in England and Scotland haue been enacted for Sea-faring businesse; and in like manner diuers ordinances in the Low Countries, especially since their fishing trade began.

Edward the third, King of England, caused (with the aduice of diuers men of knowledge and experience in Maritime causes) diuers Articles to be set downe,Admiraltie Court in France. and these were enrolled and obeyed for the gouernement of the Admirall Court: and the French King, Iohn, made his Contracts with King Edward accordingly, concerning the fishing trade, as by the Records extant in the Tower of London, (where I haue seene them) may appeare.

Francis the French King, and Henrie the third of France, haue made some Statute Lawes concerning the Courts of Admiraltie; but the substance of all 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.

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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 [Page] 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.

[Page]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: and these contracts are made by publicke Acts and Instruments before Notaries, to the end that all things agreed vpon on either side may be duely accomplished: and in these great contracts beyond the seas, the paiments are (the most part for great summes) made in Bankes also, because of the commodiousnesse of it, as you shall note hereafter. Besides this, many Merchants doe make contracts, and passe them likewise before Notaries, or Scriueners, because that things contracted for may require time to effect them. As for example, a Merchant aduenturer selleth vnto a Merchant of Middleborough two or three hundreth Clothes of knowne markes (whereby the goodnesse is also knowne) at a certaine price, the packe of ten Clothes, [Page] to be deliuered at Middleborough from time to time during the space of six moneths, and the Middleborough Merchant doth agree that (for the payment of these Clothes) he will send to the Merchant aduenturer Linnen cloth, and diuers other commodities to be sold in London to pay himselfe as aforesaid, which commodities are also sent from time to time within the compasse of the said time of six moneths, and the reckoning between them shall run accordingly: hereupon a contract is made in writing before a Notarie publick, and therein diuers conditions are to be specified and obserued.Conditions of a Merchants Contract. First it is agreed, that concerning the price of the Clothes sold, amounting to such a summe sterling money called lawfull money of England, there shall be giuen for euerie twentie shillings or pound sterling so many shillings and pence as they shall agree, according to the price of exchange amongst Merchants, and these are shillings and pence Flemish money, whereof there is 35 or 36 shillings, or 35 shillings and six pence, or 36 shillings and eight pence giuen or allowed in account betweene them for twentie shillings sterling, and so after the rate for so many hundreth pounds or thousand pounds as the Clothes may amount vnto. Secondly it is agreed, that the Merchant aduenturer shall beare the aduenture of his Clothes, and deliuer them vpon his aduenture, charge, and daunger of the seas, with all casualties, vnto the Middleborough Merchant within the towne or warehouse of the Merchant there; and likewise that the Middleborough Merchant shall beare the aduenture of his Linnen Cloth, and other commodities, answere the Kings Customes, and all charges incident vpon the said commodities, vntill they bee freely taken vp into the Merchant aduenturers ware-house here. Thirdly, it is agreed betweene them (these forreine commodities being sold paiable at times of paiment) that if any bad debts should be made thereby, either the Middleborough Merchant is to beare the losse thereof, or else the Merchant aduenturer doth take the hazard and aduenture of it vpon him, for the consideration or allowance of double factoridge, or two vpon the hundreth. Fourthly, it is agreed betweene them, that if the paiment of the commodities of the Middleborough Merchant be not made within the time of sixe moneths, according as the Clothes were sold; then the Merchant aduenturer is to haue allowance for the money by him not receiued within the time after the rate of tenne vpon the hundreth for the yeare. Lastly, (because the Merchant aduenturer taketh paines in the selling of the Merchandise and Commodities of the Middleborough Merchant to pay himselfe) it is also agreed vpon, that the Merchant aduenturer shall haue allowance of factoridge for it, after the rate of two pro Cent. which hee should haue giuen vnto another Factor to sell the same for him. This is the substance of a Merchants Contract, wherein it seemeth all things haue beene well considered and agreed vpon; yet the principall matter for good and sure dealing is omitted,Defectiue contracts. which is not onely to [Page] couenant that the Middleborough Merchant shall send him good and merchantable wares or commodities to make money of, or to sell to good Customers that will make him good payment, but especially, that the Merchant aduenturer shall not be compelled to send him more clothes than the value of the commodities receiued shall amount vnto from time to time. And further, if he do not send him within the time the quantitie of commodities requisite to pay himselfe for so many Clothes; The said Middleborough Merchant shall pay him the damages sustained by the imploiment of his money in Clothes, or a certaine summe of money agreed vpon betweene them for the non-performance thereof.

In like manner a London Merchant doth contract with a Merchant stranger here, and buyeth of him a certaine commoditie, whereof the goodnesse is commonly knowne by the marke, or otherwise by the Fabrica or making, as Veluets, Sattin, Silkes, Fustians, and other commodities to be here deliuered vnto him by such a day, or within so many moneths, at a price agreed vpon betweene them, with the manner of paiment, and other conditions agreed also; hereupon likewise passeth a Notariall Contract which is performed accordingly. But put the case, That the price of the said Veluets and Silkes by some accident or occasion doth fall, and the London Merchant doth repent himselfe of his bargaine and contract, and now some of the said forraine commodities are come from beyond the seas, and arriued within the riuer of Thames, whereupon the Merchant stranger giueth notice vnto him of it, and the London Merchant seemeth vnwilling to receiue the said commodities, and is constrained either by a Scriuener or with witnesses to offer vnto him the said commodities according to their contract:Tendering of commodities sold by Contracts. here note that this offer or tender so made is of no validitie or effect in Law; for vntill the Kings Custome is paied for the said goods, and that you haue receiued them into your power or custodie, you can make no lawfull offer of them. Moreouer, if you haue paied the Kings Custome for them, and haue them in your custodie and power, and do make tender of them before the time; yet the Law is not satisfied herein, but you must tender them also vpon the last day of deliuerie, because the damages to be giuen vnto you by Law must take a certaine ground vpon the limitation of time, and not vpon casualties; for it might fall out, that the price of the said commodities should rise within that time, and you might sell them for a greater gaine, and by that time of the last day of your deliuerie they might be fallen againe in price, and you might haue prouided another parcell for the same, so that both by the Common law and the Law Merchant you are to make your tender vpon the verie day by a Scriuener, or with competent witnesses, wherof I haue seene sufficient triall in Law. And according to these two examples, you may judge and consider of all other the like contracts wee call Notariall.

[Page] Verball contracts called Priuate.Verball contracts are made betweene partie and partie, or by meanes of Brokers or Mediators, and that onely by word without writing. Such are the daily buying and selling of commodities either for readie money, or payable at some daies of payment, wherein the mediation of a Broker is most necessarie: For as it would be troublesome to vse Scriueners in euerie bargaine; so is it commodious to vse the meanes of Brokers, the commodities are not onely bought and sold with more credit and reputation, but all controuersies which doe arise by misaduenture or otherwise are sooner determined, and a sworne Broker is taken as a double witnesse, if he doe produce his booke, with a Memorandum of the bargaine, as the same was agreed betweene both parties, whereby many variences are reconciled, and differences (like to fall out) are preuented.

The most beneficiall contract.I had almost forgotten the most memorable contracts that euer were, whereby the Philosophers Elixar or stone is found, turning Leade, Paper, and Inke into Gold and Siluer, which is the contract of Popes for their Crusadoes or Bulls, whereof there are certaine contractors, who for a certaine summe of money yearely to be paied, doe receiue authoritie to disperse the said Pardons or Bulls into the West-Indies, Perou, Noua Espagnia, and all those quarters of the world, and euerie resonable soule must haue one of them yearely, and that this is the most beneficiall contract I proue thus.

In the yeare 1591 Pope Sixtus Quintus caused two ships to be laden out of Spaine for the West-Indies as aforesaid, with some 100 Buts of Sackes, 1400 little Chests containing each of them three ordinarie small Barrells of Quicke-siluer weighing 50 ll the peece, to refine the Siluer withall in the said Indies: and moreouer with a great number of Packes of the Printed Bulls and Pardons graunted at that time, to make prouision against the Heretickes; Forasmuch that the great Armada of the yeare 1588, had so much exhausted the treasure of Spaine. These two ships were met withall at sea by Captaine White (who was laden and bound for Barbarie) and brought into England by him, where the commodities were sold: but the Popes merchandise (being out of request) remained a long time in Ware-houses at the disposing of Q [...]eene Elizabeth; vntill at last at the earnest request of her Physitian called Docter Lopes, she gaue all the said great quantitie of Bulls vnto him, amounting to many thousands in number. This courtly Merchant (falling in communication with an Italian knight, who had been a Merchant) did conclude with the said knight to make a partable voyage betweene them, and to send those Bulls into the West-Indies, and accordingly a ship was fraighted and laden with the said Bulls and some other commodities, and did perform the said voyage to the Indies: but no sooner arriued, the Popes Contractor for that commoditie did seise vpon all the said Bulls, and caused an information to be giuen against them, that they were infected, hauing [Page] beene taken by Heretickes; it was alleaged that they were miraculously saued, but lost they were and confiscated, and so couetousnesse was well rewarded. But returning to prooue this beneficiall Contract,The Pope his Merchandize. I was at the time of the taking of the said Bulls willed by authoritie, to make and estimate what the lading of these two ships might cost, and what they might haue beene worth in the West Indies, according to the rate of euery Bull, taxed at two Royalls of plate, and some foure and some eight Royalls according to their limitation, euery one being but one sheet of paper; and by computation the lading did not cost fiftie thousand pounds, and would haue yeelded aboue six hundreth thousand pounds: for these contracts are feruent and full of deuotion, containing also a commandement that their beds should bee sold, rather than any one should bee without a Bull, for the safetie of the soule was to bee preferred before the health and ease of the bodie.

Now before we intreat of extrauagant Contracts in the buying and selling of commodities in some places, it will not be impertinent to note the obseruations and opinions of Ciuilians concerning Merchants Contracts, which they haue distinguished to be Solemne, Publike or Priuate, as in the Marginall notes is before declared, to the end all controuersies may bee auoided in the said Merchants Contracts.

The Ciuilians writing, De Contractibus Mercatorum, Merchants Contracts are to be plaine. or of Merchants Contracts make many distinctions: but the conditions agreed vpon betweene them, are chiefly considerable, and to bee well declared to auoid ambiguitie and constructions, and reciprocall things to bee performed on both sides, which bindeth them better; so that if a Contract be broken, whereby the one partie is damnified for the want of his money or goods not deliuered, whereby he can make no benefit, and is hindered in his trade by Lucrum Cessans or not getting, the other partie may iustly demand recompence for the same, especially if hee bee a merchant, otherwise some Ciuilians make the same questionable, as Fisher-men, Fowlers, and Hunters, which say they cannot demand any losse for want of their owne, because (by their professions) they are vncertaine, whether they shall catch or take any thing by their Art. Neuerthelesse the Merchants Court hath an especiall care to performe well with Fisher-men,Fisher-men are to be respected vpon Contracts. and that with all expedition of iustice they may bee dispatched to follow their trade, without any intermission of time.

This damage sustained by Merchants or others,The first damage vpon Contr [...]cts to be regarded. for the non performance of Contracts, cannot bee demanded by a continuance of time, running Ad infinitum, during the matter in question: but must bee demanded according to the first damage receiued, as the partie can duely proue the same, either by witnesses or vpon his oath, as the cause may require.

Therefore when Merchants are contending in any Courts of Equitie or Law, where they are delayed for many yeares in continuall [Page] suit at their great charges: Then it tendeth to the interrupof trade and commerce in generall, and the ouerthrow of the parties in particular, whereof the Law of Merchants hath a singular care to prouide for, and therefore doth many times (though not without danger) admit the proofe to bee made vpon the parties oath, if witnesses be absent.

Penalti [...] vpon contracts.The penalties or forfeitures vpon any Contract limited and expressed, be it Nomine Poene or otherwise, are therefore much to bee considered of in equitie to make them stand, and to bee effectuall for the mainetenance of Faith and Credit betweene Merchants, and they are consequently much approoued by all Ciuilians, and by their Law allowed.

In all Contracts, made for a copartnership in prouiding of a ioynt Stocke, is to bee obserued, that the one or some of them doe not defraud the other. Also it is approued, that they may sell their aduenture to others, and the buyer is to take the account according to the Contract,Obseruations in partable contracts. for the account giuen to other partners in Societies, doth alwaies bind the buyer proportionably in these aduentures, and the parties dying, the widow or his heires are to accept thereof accordingly both by the Ciuile Law and the Custome of Merchants. As is well obserued by the Societie of the Merchants trading for the East Indïes, both in England and beyond the Seas; for it is not accounted any danger to trust a Societie, and to deliuer money for trading and where no damages or aduentures be borne, is vsurious, as shall be declared hereafter.

Verball contracts for mony &c.To enter into consideration of some Verball Contracts, some Customes are be obserued, which the Ciuilians make questionable. A Merchant doth deliuer some money vnto another Merchant, to be imployed by him in commodities, or to bee put forth to vse for both their benefit and profit, without any limitation of time agreed vpon betweene them; the question is, when this Merchant that did deliuer this money may call for it againe; wherein most Ciuilians are of opinion, that the same cannot bee demanded before the yeare expired, which seemeth the more reasonable, if the Law will not allow vnto the other partie, a losse sustained thereby by fire, water, or any other casualtie, vnlesse hee doe declare and manifest the same within the yeare. Neuerthelesse if this money were deliuered to one that maketh a continuall gaine by money, as some Gold-smiths doe, by taking the same for two, three, or more dayes, and allowing benefit for it: then it may seeme reasonable, that the money may be demanded at all times vpon warning giuen for the time, without which, no man may be supposed to be so carelesse in the deliuerie of his or other mens money by a Verball contract, as the said Ciuilians haue surmised.

Againe, suppose this money were deliuered to a father and his sonne ioyntly, whether the same shal be redemanded of the father and of the sonne by equall portion halfe and halfe, or of them both▪ [Page] Hereupon they are of opinion, if the father did receiue the money, and that the sonne be vnder the gouernement of the father, then the father is to answere for all: But if the sonne doe (as it were) gouerne the father, because hee is old; then the sonne is to answere for the money. Now the Law-merchant obligeth them both to answere for the said money, vnlesse the sonne were vnder yeares. But this question may be thought extrauagant, for contracts are commonly Notariall in this case, and betweene parteners,Notariall contracts surest. and where one partener bindeth another, it is onely to bee vnderstood to continue the time of their partenership; whereas to become bound each to other for so much as shall be found due, is dangerous and full of cauillation. So that (as before is remembred) euery thing is to bee plainely expressed, but especially to be carefully obserued between parteners. For the Stocke also betweene parteners by contract to continue in trade, is to be without diminution or any other imployment to bee made, during the said copartenership, which is limited therefore for a time and not by voyages or employments; the charges on both sides to be limited: but hereof more vpon the title of Parteners or Companies.

To make these Notariall contracts more authenticke and sure, when due regard is had of reciprocall actions, to auoid Nudum Pactum, the Bonds made by each partie to other in a summe of money for the performance thereof, are to be preferred before the limitation of a penaltie contained in the contract, albeit that these Bonds being put in suit, causeth the other partie to flie into the Chancerie; but the Merchants Courts proceed herein with more expedition.

There are also certaine Merchants contracts, which (in regard of the conditions) are called Extrauagants,Extrauagan contracts. because the manner either of buying or selling of commodities, and the payment made for the same, is rare and but vsed in some places, which neuerthelesse are made in writing by Notariall contract, or by the Brokers Booke recorded, whereof I thinke fit to make a Chapter apart, touching the commodities sold by Brokers, as hereafter may appeare.

A Merchant in Spaine dealing for the West Indies, Noua Espagnia, Terra firma, or Peru and other places in America, will buy a round quantitie of Germanie commodities or manufactures made there, and in the Low Countries, either Yronmongers wares, as Hatchets, Axes, Kniues, Bells, Beads, Needles, Basons, Candlestickes, Counters, Lockes, Nayles, and diuers sorts of commodities; and he is made acquainted by the Inuoice or Cargasson of those goods what they did cost in the places from whence they came, where the Merchant owner of the said wares, hath augmented his price in the said Invoice, and so the Spanish Merchant doth make him an offer of so many Maluidies for euerie pounds Flemish, or Hamborough money,Conditions to be obserued in them. or for euerie Dollor or other coyne whereby the same was bought, according as the partie by his obseruation is able to iudge of the value thereof, by his often buying of the like: but the payment is agreed [Page] vpon to bee made sometime after the returne of the West-Indies Fleet, that is to say, When most Ships going outwards shall returne againe into Spaine, but whether the buyer of those goods doe receiue any returne of the prouenue of the said goods or not, is a matter not materiall to the seller of the goods, for he beareth no aduenture of bad Factors, euill pay-masters, or other accidents; but must be payed at the time agreed vpon, according to the ordinarie Custome thereof, vnlesse it were agreed that he should beare the aduenture of the Seas for a summe in certaintie in nature of assurance, or vpon some vnexpected alteration, which might happen in the said assurance, which is another contract, as hereafter more amply will appeare in his proper place.

Another Merchant selling by contract, some commodities to be deliuered at the returne of the said West Indies Fleet, Posito a certaine quantitie of Cutcheneale, as the price shall be broken in Spaine vpon the arriuall of the maine Partida; this Merchant commonly taketh a summe of mony before hand, whereof he alloweth interest for the time, or else he abateth a certaine allowance in the price of the Cutcheneale lesse than the price, which by authoritie and consent amongst Merchants is made, that is to say, If the best sort called Misteca be set at 40 Ducatts the Ro [...]ue of 25 ll weight, he shall abate him after 20 or 25 ꝑ 100. Now if the price of Cutcheneale be high or low, the interest of his money formerly disbursed (by the said abatement) must needes bee accordingly: So that the best aduantage is to take the interest after a rate certaine, and the price of the Cutcheneale, as it shall and may f [...]ll out, the like may bee obserued for all other commodities. The Bankers haue found the same by experience, by dealing with the Kings of Spaine and Portugall, when they make Partidos with them to furnish them monyes in their occasions, by making them to pay exchanges and rechanges for it after a great rate. And neuerthelesse, they will bee sure to haue Pepper or any other commoditie, at a certain rate agreed vpon betweene them,Mony payable at the returne of the Fleet. or else in readie money payable also at the returne of the said West-Indies Fleet, albeit they doe not beare the aduenture of the Siluer Bullion or Royalls of eight, rather admitting a clause, that if the treasure doe miscarrie they shall haue their monyes repayed within a certaine time and interest of 7 ꝑ 100, vnlesse it be they agree for the Pepper belonging to the King, for many yeares to be taken at a reasonable price, they bearing the aduenture of the Seas. As the Lords Foulkers of Germany did contract in the yere 1592, with Philip the second King of Spaine, whereby they became losers, by the taking of the great Carracke the Mother of God at the Seas, the next yeare following. Now because in the precedent Chapters, we haue spoken of a Banke, and the payment of Bankers: it will not be impertinent to intreat thereof, before any further proceeding, to the end this matter may be vnderstood of euerie Merchant and others.

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CHAP. XX. Of Bankes and Bankers.

A Banke is properly a collection of all the readie money of some Kingdome,The description of a Banke. Common-wealth, or Prouince, as also of a particular Citie or Towne, into the hands of some persons licensed and established thereunto by publicke authoritie of some King, Prince, or Commonwealth, erected with great solemnitie in the view of all the people and inhabitants of that Citie, Common-wealth, or Kingdome, with an intimation thereof made diuers times, to be vpon such a day in the open market place, where a scaffold is purposely erected, with an ostentation of great store of money of Gold and Siluer, supposed to belong to these persons or Bankers so established; which is vnto them an attractiue power to persuade and allure the common people to bring their moneys into these Bankers hands, where at all times they may command it, and haue it againe at their owne pleasure, with allowing them onely a small matter of fiue vpon euerie thousand ducats or crownes, when any man will retire or draw his money into his owne hands againe: which although it be but in twentie yeares, yet during all that time, they are to haue no more; so that these persons or Bankers do become (as it were) the generall Seruants or Cashiers of that Prouince, Citie, or Commonwealth.

These Bankers, as they haue their Companies, Factors, or correspondence in the chiefe places of trade in Europe, so must they also keepe account with euerie man, of whom they haue receiued any money into their Banke, out of which number, no man of that iurisdiction is almost exempted; but generally all men are desirous to please them, and to bring their readie money into their Banke, as also such money as they haue in foreine parts. In regard whereof, these Bankers do giue them great credit; for if any man haue occasion to bestow in merchandise or to pay in money 3 or foure thousand ducats, and haue but one thousand ducats in the Banke, the Bankers will pay it for him more or lesse, as the partie is well knowne or credited, [Page] without taking any gaine for it, although it be for 3, 4, 6, or more monethes.

This seemeth to be a great commoditie (as no doubt it is to men in particular) but being well considered of, it will be found a small friendship, and no more in effect, than if a man did participate the light of his candle to another mans candle: for what is this credit? or what are the paiments of the Banks, but almost or rather altogether imaginarie? As for example,The maner of the Bankers paiments. Peter hath two thousand ducats in Banke, Iohn hath three thousand, and William foure thousand, and so consequently others more or lesse. Peter hath occasion to pay vnto Iohn one thousand ducats, he goeth to the Bankers at the appointed houres, (which are certaine both in the forenoone and afternoone) and requireth them to pay one thousand ducats vnto Iohn; whereupon they presently make Peter debtor for one thousand ducats, and Iohn creditor for the same summe: so that Peter hauing assigned vnto Iohn one thousand ducats, hath now no more but one thousand ducats in Banke, where he had two thousand before, and Iohn hath foure thousand ducats in the same Banke, where he had but three thousand before. And so in the same manner of assignation, Iohn doth pay vnto William, and William vnto others, without that any money is touched, but remaineth still in the Bankers hand, which within a short time after the erection of the Banke, amounteth vnto many millions: and by their industrie they doe incorporate the same, which may easily be vnderstood, if we do but consider, what the readie money and wealth of London would come vnto, if it were gathered into one mans hands, much more if a great deale of riches of other countries were added thereunto, as these Bankers can cunningly compasse by the course of the exchange for moneys, the ebbing and flowing whereof, is caused by their motion from time to time as in our Treatise of Exchanges is declared.

But some will say or demaund, Cannot a man haue any readie money out of the Bankers hands, if he haue occasion to vse it? Yes that he can: but before he haue it, they will be so bold, as to know for what purpose he demaundeth the same, or what he will doe with it. If it be to pay any man withall, they will alwaies doe that for him, as hauing account almost with all men; for hee is accounted to be of no credit, that hath not any money in Banke.

If he do demaund it for to make ouer by exchange in some other countrie, they will also serue his turne in giuing him Bills of Exchanges for any place wheresoeuer, because they haue their companies or correspondence in euerie place.

If he do demaund it for his charges and expences, it will be paied him forthwith, because it is but a small summe, and in the end the money commeth into their hands againe.

If they pay out money to any man, that hauing money in Banke will bestow the same in purchase of lands, they will still haue an [Page] eye to haue it againe in Banke one way or other, at the second and third hand; so that they once being possessed of moneys, they will hardly be dispossessed, and their paiments are in effect all by assignation, and imaginarie.

And if they haue any money in Banke belonging vnto Widowes and Orphanes, or any other person that hath no occasion to vse the same, they will allow them interest after foure or fiue vpon the hundreth in the yeare, at the most, and that vpon especiall favour; for euerie man seeketh to please them, as in matter where Commodum priuatum beareth the rule; for they can easily please men in particular, in giuing them some credit of that great credit which they haue obtained in generall.

The money then remaining in the Bankers hands, is imployed by them to other vses and purposes.

First, they doe deale with great Princes and Potentates,The Bankers trade. that haue need of money for the maintenance of their warres, as the Geneuoises and Germanes did with the Emperor Charles the fifth during the warres in Germanie, and as the Florentines and others haue done with Phillip the second king of Spaine, and also with his sonne Phillip the third late raigning, causing him to pay 20, 25, 30, and more in the hundreth, by way of exchange and rechange, supposed to happen accidentally.

Secondly, they ingrosse thereby diuers commodities into their hands: and lastly, they carrie thereby a predominance in ruling the course of exchanges for all places, where it pleaseth them: by reason whereof the citie of Amsterdam (to countermine them) haue in the yeare 1608, also erected a verie great Banke,The beginning of the Banke at Amsterdam. for the which the said citie hath vndertaken to answere, whereby they are alwaies stored with money, as appeareth, that the same is plentifully to be had at interest at six and seuen in the hundreth by the yeare, and some at fiue and vnder. This custome is now so setled there, that it is as effectuall as any law.

Of the breaking of some of these Bankes,Bankrupt. is the name Bankrupt deriued: for when Princes do not accomplish with them, then they cannot hold out, vnlesse they haue great estates of their owne. Philip the second king of Spaine, in the yeare 1596, was constrained to giue Facultad Reall, that is to say,A Facultie Royall, or Protection. A Power or Facultie Royall, or a Protection vnto the Bankes of Madrill, and all their associates for foure yeares; commaunding that all those that had dealt with them in matter of Exchange, Interest, Contracts, Letters of Credit, or any manner of wayes publickely or secret, and with all their knowne or vnknowne partners, should not be compelled to pay any money to their creditors vntill the yeare 1600: but in the Interim they should at euerie 6 moneths receiue interest for their mony after the rate of seuen pro centum, for the yeare; and if any man could not forbeare his mony, he was to deliuer the fourth part more in readie money, and so accounted together with the interest due at seuen [Page] vpon the hundreth, the two thirds of all was to be paied him, and the other third was to continue during his life, with allowance of the said interest; and this was to be obserued in the kingdomes of Castile, Arragon, Portugall, and the Low-countries, as also in the kingdomes of Naples, Sicilia, and the State of Milan, and finally in all kingdomes and dominions vnder him, (for so are the words) and in all his warlike forces by sea and by land. This did bring the Bankes in great discredit, and the West-India trade was much interrupted by it, and so continued during the said king his life time; and after his decease, moneys haue not beene plentifull in Spaine, insomuch, that in the yeare 1608, his sonne Philip the third did giue the like Facultie Royall to all men that were to pay money at the returne of the West-Indies fleet for one yeare, paying but 3 pro cent. to their creditors for the forbearance.

CAHP. XXI. Of the Fraighting of ships, Charterparties, and Bills of lading.

HItherto we haue beene buying and dealing in commodities, and now it will be time to aduance our commerce or trafficke, and to fraight Ships for the purpose to transport ouer commodities. No Ship should be fraighted without a Charterpartie, meaning a Charter or Couenant betweene two parties, the Master and the Merchant: and the Bills of lading do declare what goods are laden,Bills of lading. and bindeth the Master to deliuer them well conditioned to the place of discharge, according to the contents of the Charterpartie; binding himselfe, his ship, tackle, and furniture of it, for the performance thereof. Of these Bills of lading, there is commonly three Bills of one tenor made of the whole ships lading, or of many particular parcells of goods, if there be many laders; and the marks of the goods must therin be expressed, and of whom receiued, and to whom to be deliuered. These Bills of lading are commonly to be had in print in all places, and in seuerall languages. One of them is inclosed in the letters written by the same Ship, another Bill is sent ouer land to the Factor or partie to whom the goods are consigned, [Page] the third remaineth with the Merchant, for his testimony against the Master, if there were any occasion or loose dealing; but especially it is kept for to serue in case of losse, to recouer the value of the goods of the assurors that haue vndertaken to beare the aduenture with you, whereof wee shall intreat in the following Chapters.

The persons that are in a Ship may bee thus in order, which although they differ in names in many languages, yet they are all one in effect. The Master of the Ship, the Pilot, the Masters mate, the Ship-wright or Carpenter, the Boats-man, the Purser, the Chirurgeon, the Cooke, and the Ships boy. All the rest are vnder the name Marriners, all these are distinguished in hires and fees in all Countries.

The Master therefore doth couenant by the Charter-partie,Charter-party to find a sufficient Pilot, and all other the foresaid Officers and Martiners, and to prouide Shiptycht, Masts, Sayles, Roapes, Tewes, Anchors, Ship-boat; with fire, water, salt, and all things necessarie, at his owne expences. And this Charter-partie so made on the Masters part, doth commonly declare that it is and all things therein contained, according to the Law of Oleron; according to which Law,Law of Oleron. if there bee no writing made, and but an earnest giuen, then the Merchant if he repent, loseth his earnest; but the Master if hee repent, loseth the double of the earnest.

Againe, if the Ship bee not readie at the day appointed in the Charter-partie to goe to Sea, the Merchant may not onely free himselfe of her, except hee hold his peace and discharge her not (for then by his silence he seemeth to consent,Qui Tacet consentive videtur.) but also shall recouer charges, interests, and damages, except the Master shew some excuse of some pregnant occasion or mischance, which could not bee auoyded, and then he loseth onely his fraight, because he hath not deserued it. But if the fault be in the Merchant, he shall pay the Master his damages, or according to the Rhodian Law,Rhodian Law. shall entertain the Ship and Company ten dayes, and if then he stay longer shall pay the fraight of all accordingly; and further shall answere for all hurt and damages happening by fire, water, or otherwise after the time appointed. It is true, that the Rhodian Law chargeth the Merchant in this case but with halfe the fraight, and the Master with the whole fraight if he faile: Albeit that the Romanes inflict the paine of the whole fraight vpon the Merchant, especially if hee take out his owne goods againe, for then is the fraight thought to bee deserued.

But if the Ship in her Voyage become vnable, without the Masters fault, or that the Master or Ship bee arrested by some authoritie of Magistrates in her way; the Master may either mend his Ship, or fraight another. But in case the Merchant agree not thereunto, then the Master shall at least recouer his fraight, so farre as hee hath deserued it. For otherwise, except the Merchant consent, [Page] or necessitie constraine the Master to put the goods into another Ship worse than his owne; the Master is heerein bound to all losses and damages, except that both the Ships perish that voyage, and that no fault nor fraud bee found in the Master.

Admiraltie Cases.In the yeare 1587, the like matter was in question with fiue Ships comming backe without their lading, from Ligorne and Ciuita Vecchia into England, whereof my selfe was one of the Merchants that had fraighted them, and did intend to receiue lading there in Allome: But the Gallyes of Don Andrea Doria intending to surprise those Ships (the Grand Armada being preparing in Spaine) they came all of them away without their lading; some two of these Ships had lyen out all their time conditioned by their Charterpartie, to take in their lading, and the Masters had Notariall protests against the Factors that they should haue laden them. These were by the Law of Admiraltie adiudged to haue deserued their whole fraight. Two other ships hauing not staied there their abiding dayes, nor made any protest as aforesaid, could not be found to haue deserued any fraight at all, although they were laden outward bound. The fifth Ship had a condition or prouiso in her Charterpartie, That if it should happen that in her comming backe out of the Straits, shee should be taken or cast away; neuerthelesse the fraight outwards (which was accounted halfe) should bee payed,Condition maketh Law. and that halfe was adiudged vnto the Master, and no more, hauing not tarried there his appointed time. And if this prouiso had not beene, he could not haue recouered any thing; for when Ships are fraighted going and comming, there is nothing due for fraight vntill the whole Voyage bee performed. So that if shee perish, or bee taken in the comming home, all is lost and nothing due vnto her for any fraight outwards, whereof I haue also had experience by another Ship.

It is also accounted for a fault, if the Master put forth the Ship to Sea, either without a skilfull Pilot, or without sufficient furniture and necessaries, according to the ordinarie clauses of the Charter-parties, or (as in the precedent case) that the other Ship in which the goods were last put in, bee not sufficient, or that the Master doe in an vnlikely time put foorth to Sea.

The Emperors Gratian, Theodosius, and Valentinian, in times past did expresly forbid that no man should aduenture vpon the Seas, from Nouember till Aprill, Sed Tempora mutantur, & nos mutamur in illis. Alwayes it is a great fault by the Law, to put to sayle out of any Port in stormie and tempestuous weather.

Item, if a Master set forth his Ship for to take in a certaine charge or lading, and then takes in any more, especially of other men, hee is to lose all his whole fraight; for by other mens lading hee may endanger the Merchants goods diuers wayes. And in such a case, when goods by stormes are cast ouer-boord, it shal not be made good by contribution or aueridge,Aueridge. but by the Masters owne purse: For if [Page] hee ouerburthen the Ship aboue the true marke of lading, hee is to pay a fine.

Item, if a ship do enter into any other Port or Harbour, than she was fraighted for, against the Masters will, as by storme or some force, then the goods shall be transported to the Port conditioned, on the Masters charges; but this must be tried by the Masters oath, and of two of his Mariners, or else the Master may be in further danger.

If any man compell the Master to ouer-burthen Ship or Boat, he may therefore bee accused criminally, and pay the damages happening thereby.

Item, if a Merchant put in more goods into a Ship than was conditioned, then may the Master take what fraight hee please. By the Romane Law it is imputed for a fault to the Master, if hee direct his course by wayes either dangerous, thorough Pirats, enemies, or other euill aduentures. Also if hee doe carrie the Flag of other Nations and not his owne, and thereby incurre any losse or dammages: For as Packes, Pipes, and all goods, should bee marked with the proper markes of the Merchant to whom they appertaine: So should Ships bee discerned one from another by their owne Flag.

The ordinarie Charter-parties of fraightments of Ships, made and indented betweene the Master of a Ship and a Merchant, or many Merchants in fraighting a Ship together by the tunnage,Fraightings by tunnage. where euery Merchant taketh vpon him to lade so many Tunnes in certainety: are made as followeth, Mutatis, Mutandis, which is done before Notaries or Scriuenors.

A.B. Master of the Good Ship or Fly-boot, called the Red Lyon of Ratclife, of the burthen of 120 Tunnes or thereabouts, riding at Anchors in the Riuer of Thames, acknowledgeth to haue letten to fraight vnto C. D. the Merchant his said Ship, and doth promise to prepare to make readie the same within tenne dayes, to take in such goods, as the said Merchant shall lade or cause to be laden in her, to make (by Gods grace) with the first conuenient weather and wind (after the expiration of the said dayes) a Voyage from the Citie of London, to the Towne of Saint Lucar De Barameda in Spaine, and there to deliuer all the said goods, well conditioned, and in such sort as they were deliuered vnto him, to such a Merchant or Factor, as the Merchant the fraightor shall nominate and appoint, according to the Bills of lading made or to be made thereof; and there to remaine with his said Ship the space of twentie dayes, to take in and receiue all such goods, as the said Factor or any other by his appointment shall lade into her, and as the said Ship may conueniently carrie, and being so laden, to returne backe againe for the said Citie of London, and there to deliuer the said goods also well conditioned, to the said C. D. the Merchant, or his assignes. And the said Master doth further couenant with the said Merchant, that his Ship shall be furnished with twelue able men and a boy, tenne pieces of yron Ordnance, [Page] namely, two Sakers, six Minions, two Falcons, and eight Muskets, with Powder, Shot, and all things necessarie, as Cables, Sayles, Ropes, Anchors and Victualls requisite for such or the like Voyage, &c. And hereupon C.D the Merchant and Fraightor, doth likewise couenant with the said M [...]ster, or all the said Merchants doe couenant with him, euery one for his tunnage as aforesaid, that he or they and either of them, will lade or cause to be laden (within the dayes limited) the said Ship, with such and such commodities accordingly, pesterable wares or goods excepted,Pesterable wares or commodities. which are goods of great volume and cumbersome, whereof no true computation for tunnage can be made: so that the fraight of such kind of goods is made accordingly.

And the said Merchant doth further couenant to pay vnto the Master, three pounds or more for the fraight of euery Tunne lading vpon the full discharge of his said Ship, and deliuery of the said goods at London aforesaid, accounting two and twentie hundreth and a halfe, or so many Kintalls for a Tunne; and in like manner for two Pipes or Butts, foure Hogsheads and other commodities rated for the Tunne or Last, as foure Chests of Sugar, Six Barrells of [...]ny other commoditie for a Tunne (as in the fourth Chapter of Weights and Measures is declared) with Primage, Petilodeminage, and sometimes Pilotage, according to the accustomed manner in the like Voyages, &c. binding themselues each to other for the performance thereof in a summe of money, Nomine Poenae, with such other clauses, conditions, cautions, or other agreements as may bee concluded betweene them, which being well expressed, preuenteth all those and the like questions, which the Ciuilians doe discourse vpon, as the following may be for an instance.

Questions about Fraightings, and their Solutions.

If a Ship bee fraighted by the great, Posito two hundreth Tunnes for the summe of six hundreth pounds, to bee payed at the returne; the said summe of 600 ll is to bee payed, although the Ship were not of that burthen.

If the like Ship of 200 Tunnes be fraighted, and the summe is not (either by the Great, or Tunne) expressed; then such fraight as is accustomed to be payed in the like Voyages, is due, and ought to bee payed accordingly.

If the like Ship of 200 Tunnes bee fraighted by the Tunne, and full laden, according to their Charterpartie: then fraight is to bee payed for euery Tunne, otherwise but for so many Tunne as the lading in the same was.

If the like Ship of two hundreth be fraighted, and named to be of that burthen in their couenant, and being fraighted by the Tunne, shall be found to bee lesse in bignesse, there is no more due to bee payed, than by the Tunne, for so many as the same did carry and brought in goods.

[Page]If the like ship be fraighted for two hundred tunnes or therabouts, this addition (or thereabouts) is within fiue tunnes commonly taken and vnderstood, as the moitie of the number ten, whereof the whole number is compounded.

If the like ship be fraighted by the great, and the burden of it is not expressed in the contract, yet the summe certaine agreed vpon is to be paied without any cauillation.

If fraight be agreed vpon for the commodities laden or to be laden, for a certaine price for euerie Packe, Barrell, Butt, and Pipe, &c. without any regard had to the burden of the ship, but to giue her the full lading: no man maketh doubt but that the same is to be performed accordingly.

If the like ship, or any other (being fraighted by the great for a summe certaine) happen to be cast away, there is nothing due for fraight: but if the ship be fraighted by the tunne, or peeces of commodities laden and cast away and some saued, then is it made question [...]ble, whether any fraight be due for the goods saued pro rata, albeit there is none due at all: for the Assurors are not to bee abridged herein by any fraight.

Hence arise some other questions, Exempli gratia, Whether a Master of a ship (hauing vndertaken to carrie ouer a familie, or certaine slaues, or cattell, and some of them dying in the voyage) shall haue any fraught for those persons or cattell which are dead? whereupon three considerations are incident.

1 If the contract was made for the whole familie, slaues, or cattell, then the fraight or passage money is due, and to be paied for all.

2 If it be couenanted, that for euerie head or passenger, the master shall haue a certaintie: then for the dead neuer comming to the destined place, there is nothing due.

3 If it do not appeare how the agreement was made, but that there is a certain summe agreed vpon; then that agreement being an entire thing, is to be performed, although some died: the reason is, because there was no fault in the master, and therefore the rule of Re integra remaineth good: and if a woman be carried ouer and be deliuered of a child in the voyage, yet there is nothing to be paied for the passage of the child which she carieth in her armes.

There is an ancient question, Whether a Master of a ship who promised to place another in his ship, and to expose him in a certaine place, can demaund any recompence for the same, he neuer hauing placed the partie there; but the partie came into the ship, and so went ouer: wherein they consider the difference betweene liuing creatures and rational, or things dead and insensible: and diuers other reasons which I omit, for it may well bee compared to the disputation de Lana Caprina, whether the haire of the Bucke be wooll or haire, which putteth me in mind of a prettie tale, which for varietie of theame, I here bestow vpon merrie conceited mariners.

The Poets (hauing made Caron to be the ferrie-man of hell,A merrie tale of Carons wager. passing [Page] ouer the soules of an infinite number of persons of diuers professions) faine, That on a time a Sophister was to be transported, who tooke exception at Carons Beard, and by a Sillogisme would proue him to be a Goat, framing his argument in this manner, A Goat hath a Beard which is neuer kembed, and you haue a Beard which is neuer kembed, ergo you are a Goat: Caron answering, did wonder at his conclusion, and tooke vpon him to proue the Sophister to be an Asse, because that of a comparison he made an argument: for saieth he, if you had made a Sillogisme in this manner,A sophisticated Argument. That which is Haile is no Snow, Haile is white, ergo Snow is not white; then there had beene some shew of Reason. But tell me, what is an Asse? and the Sophister answered, It was a liuing creature without Reason, and being demaunded what Reason was, he said, It was to follow and vse the good, and to shun the euill: then Caron concluded vpon his owne words, and said, Your own words haue proued you an Asse, wanting Reason; for you had no Reason in the world, whereby you should be guided to follow the good, which is vertue, but you haue followed euil, which is vice, which made you to come hither to receiue the punishment of an Asse, which (being incident vnto most mariners comming on shoare) I wish them to remember thankesgiuing to God.

And to conclude concerning Fraightments and Charterpa [...]ties, let vs obserue, that equitie in all things is to be considered, and especially in sea-fairing causes, and cauillations are to be auoided, as for example,

A Merchant fraighted a ship with all his furniture by the moneth, and putteth into her the Master and Mariners, and victualled the same at his charges, and maketh a charterpartie with the owner, promising to pay for the vse of the shippe and furniture twentie pound euerie moneth at her returne into the riuer of Thames, and so ladeth in her for the Straits,Equitie in seafaring causes much to be regarded. and to go from Port to Port in seuerall places with merchandise,: and after two yeares, or thereabouts, hauing taken her lading in Barbarie, commeth for London, and by storme and tempest the ship was cast away neere Douer, and the goods were saued; hereupon the Merchant denied to pay the fraight monethly to be reckoned, because the ship did not arriue in the riuer of Thames, according to the words in the charterpartie. Herein the owner was much wronged: for the money is due monethly, and the place is named onely to signifie the time when the money was due to be paied; for the ship deserueth wages like vnto a labourer, or like a mariner which serueth by the moneth, who is to be payed for the time he hath serued, although he dies before the voyage be ended, as we find daily that the East-Indies companie payeth to their wiues or friends, The labourer is worthie of his hire. The ship is not fraighted by the great, to run that aduenture, which is noted before, neither was she wanting her furniture of Cables, Anchors, Sailes, Ropes, or any thing whereby she was disabled to performe the voyage, and might be the cause of the casting away: for if it were so, then there [Page] were great cause giuen to denie the payment of the fraight. Againe, where it was alleaged, that the said owner hath made assurance vpon the ship, for more than the same was worth, and did thereby recouer of the Assurors a benefit towards his losse, this did not concerne the Merchant, but the Assurors: and if the assurance were orderly made, the said Assurors haue paied the same duely, that is to say, If the pollicie or writing of assurance did declare, That the owner did value his ship in such a summe; whereof hereafter you may read in the proper place, intreating of the nature of Assurances. A Merchant valued one barrell of Saffroh at 1000 ll, hauing priuately put so much in Gold in the same, the Gold was taken, but the Saffron was deliuered, and the Assurors did pay for the Gold. And the like is for Pearles or other things so valued.

Item, when Coffers, Packes, or Pipes, and other marked commodities or goods are deliuered close packed or sealed, and afterwards shall be receiued open and loose, the master is to be charged for it, vntill a due triall, and that consideration thereof be had; he must also answere for the harme which Rats do in the ship to any merchandise for want of a Cat.

The Merchant on the other side, is to be bound by the said charterpartie to pay the fraight of the goods by him laden, either by the Last, Tunne, or by the Packe and Fardel, according to the agreement; accounting for a Last, Tunne, or other thing, after the rate of a Tunne lading, wherein pesterable wares which take a great deale of roome are excepted, and must be agreed for, and the goods laden are liable for the paiment of the fraight. The Merchant likewise doth couenant to pay Pilotage, if a Pilot be vsed to bring the ship into the harbor; also primage, and petilodmanidge to the master for the vse of his Cables to discharge the goods,Pilotage. Primage. Petilodmenidge. and to the mariners to charge and discharge them, which may be sixe pence or twelue pence for the Tunne lading, with some other clauses and agreements made betweene the said Merchants and Master: wherein it is not a misse to limit a good summe of money on either side to be paied for the performance of the charterpartie, and to couenant the same by the said charterpartie, whereof I do here prescribe but one forme, considering the diuersities of conditions therein vsed, as the Merchant and Master can agree, which euery Scriuenor doth vsually make accordingly, as in this Chapter is rehearsed. (*⁎*)

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CHAP. XXII. Of the Master of the Ship his power, and duetie of the Master to the Merchant.

Law of Oleron. THe whole power and charge of the ship being committed to the Master, requireth a staied man and of experience, whereunto the Owners are to take great heed, for his power is described partly by the Owner or setter forth of the Ship, and partly by the Common-law of the sea; by meanes and vertue whereof the Master may, if need be, borrow money in a strange countrie, with the aduice of his companie, vpon some of the tackle or furniture of the Ship, or else sell some of the Merchants goods, prouided that the Merchant be repaied againe at the highest price that the like goods are sold for at the market: which being done, the fraight of those goods so sold and repaied, shall be also repaied by the Master to the Owner of the Ship, aswell as the fraight of the rest of the Merchants goods, except the Ship perish in the voyage in this case, onely the price that the goods were bought for shall be rendred, and for no other cause may the Master take vp money, or sell any of the Merchants goods, although it were in the danger of ship-wrecke.

The dueties of a Master of a Ship, &c.Such is the duetie of a Master of a Ship that is prouident, that he ought not to make saile and put forth to sea, without the aduice and consent of the most part of his companie, especially when the weather is stormie, otherwise he shall answere the damages that commeth thereby; principally, if he haue not prouided an expert Pilot, or if the Ship happen to fall ouer in the harbour.

The Master shall be punished also by damages, if the ouerloope of the Ship be vntyth, or the Pumpe be faultie, or a sufficient couering be wanting, especially for Corne, Victuall, and such like commodities.

He is also before his departure to deliuer the names of all the persons which he is to transport, and of his mariners, which with vs is but lately established: and at his returne he is to deliuer a true Inuentorie of the goods of any persons which shall happen to depart [Page] this life in that voyage, not onely because his kindred and friends may haue intelligence of it, but also because their goods may bee safe and forthcomming for one whole yeare: of which goods in the meane time, the bedding and appurtenances may bee taken by the Master and his Mate to their vses, as also such clothing and other things then vpon his bodie, may bee deliuered to the Boats-man and the company, who doe for that dispose of the dead bodie, putting the same into the Sea.

When any goods or merchandises are deliuered vnto the Master, or his Clearke the Purser of the Shippe, and laid within boord, or to the Ships side, both wayes, is at the Masters perill. But the Master is not bound to answere for such things as are put in his Ship, without his and his companies knowledge;Ignorance is here a good excuse. because where men are found ignorant, they are also esteemed not to consent. But if the Merchant or Passenger keepe his goods by himselfe, as monies or such things, in his Coffers, and then find fault to haue lost them: then the Master and Company are to purge themselues by their oath; but if afterwards notwithstanding they be found guiltie, the denier shall pay the double, and also be punished for periurie.

The Master is lyable for all damages sustained by bad Hookes, Ropes, Blockes, or Lines, if the Mariners doe giue notice of it, and they shall beare their parts in the damage, and so is he also to answere any dammage happening by vnreasonable stowing or breaking of goods, and therein he and his companie may be put to their oath.

Further, whatsoeuer shall happen through fault, negligence, or chance, which might be auoided, or if it bee done by the passengers or other than himselfe and his companie, the Master is answerable.

If by the Masters default, confiscation of goods or other damages happens for non-payment of Custome,Law of Oleron or false Bills of entries in the Custome-house for goods, or for transporting of vnlawfull goods, the Master shall answere for the same with the interest.

But concerning the suing for the said goods, the Master may well doe it, as the Merchant may pursue for spoyled goods. And notwithstanding if it shall bee found, that the Merchant is in any fault concerning the goods, as aforesaid; then if the Master, and foure of his companie, Mariners, sweare no fault to haue beene in them, the Master shall be cleared thereby.

The Master is to keepe his companie in peace, and if any Mariner shall be hurt in doing seruice, or by his companion, the Master shall cause him to be healed, as hee who is onely answerable for the fact within shipboord, and then by his authoritie recouer from the other Mariner the charges, and any thing that the hurt man hath lost thereby; except that hee who is hurt or lamed, haue prouoked the other by euident assault or stroakes.

And if a Mariner fall sicke, the Master shall cause him to bee laid in a house, with all sustentation necessarie and vsuall in the Ship; but shall not stay the Ship vntill hee bee healed: and when hee recouers [Page] health shall giue him his hyre, or if hee dye shall giue it to the wife or neerest friends. But if a Mariner bee not hurt in the Ships seruice, the Master shall hyre another in his place who if hee haue a greater hyre, that Mariner then shall recouer the surplus. And alwayes the Master ought to lend his Mariners if they want. If through the Masters fault the Shipboat perish, with any Mariners in it, by spoyled Ropes or otherwise, then shall the Master pay one whole yeares hire to the heires of the drowned.

Item, he ought to giue his Mariners Flesh vpon Sunday, Tuesday, and Thursday, and vpon other dayes Fish or such like, with sufficient drinke; but no meat to them that sleepes not in the Ship. Neuerthelesse the qualitie and quantitie of Mariners food and hires goeth diuersly, according to the diuers Customes of Countries, and the conditions made with them at the entring of the voyage, whereof remembrance is to be kept to auoid discords, which are more dangerous on the Seas than on Land.

CHAP. XXIII. Of the Duties and Priuiledges of Mariners.

ACcording to the Law of Oleron, Mariners owe all due obedience to the Master, not onely in flying from him in his wrath, so farre as they can, but also in suffering; yet may they after one stroake defend themselues.

In case of rebellion of Mariners against their Master, which is thought then to be done, when the Master hath thrice lifted the Towell from before any Mariner, and yet he submits not himselfe: then may hee not onely bee commanded forth of the Ship at the first land, but also if hee make open strife and debate against the Master, hee shall lose his halfe hire, with all the goods he hath within shipboord.

But if in this strife a Mariner vseth any armour or weapons, then should the rest of the Mariners bind him, imprison him, and present him to the Iustice: so that if any refuse to assist, hee shall lose his hire and all things he hath within shipboord. Yea in case any number of the Mariners would conspire, and force the Master to passe to any other Port than to the which he was fraighted, they may bee accused criminally and punished, as for a capitall crime.

[Page]And yet if a rebellious Mariner repent in time, and offer amends for a simple rebellion, and the Master notwithstanding refuse, he may follow the Ship and obtaine his hire.

Mariners ought each one to helpe and assist others on the Seas, or else he that refuseth loseth his hire, and the oath of his fellowes shall be a proofe against him.

Mariners in a strange Port, should not leaue the Ship without the Masters licence, or fastning her with foure ropes, or else the losse fals vpon them. They are also to attend the Ship vntill shee be discharged and ballasted new, and the Tackle taken downe. And if a Mariner during the time of her discharge and lading, labour not with the rest of the companie, but goeth idle, and absents himselfe, hee shall pay a fine to the rest of the companie pro rata. In a strange Countrey, the one halfe of the company at the least, ought to remaine on shipboord, and the rest who goe on land should keepe sobrietie and abstaine from suspected places, or else should be punished in bodie and purse: like as he who absents himselfe when the Ship is readie to sayle, yea if he giue out himselfe worthier than he is in his calling, hee shall lose his hire, halfe to the Admirall, and the other halfe to the Master. But this especially ought to be executed against an vnworthy Pilot. The Mariner also forfeits his hire, if the Ship breake in any part, and hee helpe not with all his diligence to saue the goods.

If it chance otherwise than well with the Master, the Mariners are then holden to bring backe the Ship to the Port, from whence shee was fraighted, without delay, except it bee otherwise prouided.

A Mariner may carrie as much meat out of the Ship, as hee may eat at a meale, but no drinke.

A Mariner may keepe either his portage in his owne hands, or put forth the same for fraight, and yet the Ship shall not stay vpon the lading of his portage: so that in case the Ship be fully laden before the goods for his portage bee brought in, hee shall onely haue the fraight of so much goods.

If a Ship passe further than the Mariner was hired, his hire should be accordingly augmented, except hee be hired a Mareages, mais non a deniers, as the French man speakes, or by the moneth for all the yeare.

If a Mariner runne away with his hire vndeserued, hee deserues the Gallowes.

If a Mariner be hired for a simple Mariner, and afterwards in the voyage findes hiring, to be a Pilot or a Master, he may passe, restoring his former hire; and so it is if he marrie.

Mariners are not onely to discharge and deliuer goods out of the Ship, but also if no Porters or Carriers bee in those parts, to carrie the same themselues for such hire as other workemen should haue had therefore.

If it happen a Ship to be prised for debt, or otherwise to bee forfeited, [Page] yet the Mariners hire is to be payed, and if she prosper, to receiue their pay in the same money that the fraight is payed with.

Lastly, a Mariner should neither be arrested, nor taken forth of a Ship making readie to sayle, for any debt, but onely his hire and as much other goods as hee hath in the Ship may be arrested for it, according to the value of the debt, and the Master to bee answerable for all; because the Ship is compared to a mans dwelling house, which is his sure refuge by the Law, except it be for a sworne debt, or a penaltie to the King through some crime.

CHAP. XXIIII. Of the Office of Assurances, and the Ancient Custome of the same.

CLaudius Caesar, the fifth Romane Emperour, by succession of gouernement from Iulius Caesar, who was before the Birth of our Sauiour Christ, (borne vnder Augustus) and the first persecution of Christians was vnder Tiberius, S [...]etonius. and the second (more cruell) vnder Caligula, whom Claudius did immediately succeed.

This Claudius did bring in this most laudable Custome of Assurances, whereby the danger and aduenture of goods is diuided, reparted, and borne by many persons, consenting, and agreed vpon betweene them, what part euerie man will be contented to assure, make good and pay if any losse or casualtie should happen to the goods aduentured, or to bee aduentured at the Seas, as also by Land; to the end that Merchants might enlarge and augment their Trafficke and Commerce, and not aduenture all in one Bottome to their losse and ouerthrow, but that the same might be reparted and answered for by many.

This Custome comming to the knowledge of the inhabitants of Oleron was recorded, and by them set downe for a Law, and practised to be obserued through all the Sea-coast Townes of France, and yet was first vsed in England, and after vs imitated by the Antuerpians, and all other Nations there inhabiting when that Citie did flourish. And whereas here in London,Lombard-street, then the Exchange of Merchants. the meeting amongst Merchants was in Lombard-street in London, as aforesaid (so called, because certaine Italians out of Lombardie kept there a Pawne-house or [Page] Lombard, long before the Royal Exchange was builded by sir Thomas Gresham knight) all the policies or writings of Assurances which then were, and now yet are made, do make mention, That it shall be in all things concerning the said Assurances, as was accustomed to be done in Lombard Street in London; which is imitated also in other places of the Low-countries. These Assurances are made in the said Office in the West end of the said Royall Exchange in London, which are of seuerall natures, as followeth, and at diuers and seuerall rates. The Commissioners for the said Assurances are chosen yearely (or at the least some of them) in the beginning of euerie yeare; And at Roan, at the time when the Merchants of all nations chuse their Prior and Consulls. The chiefe authoritie with vs doth rest in the Lord Maior of London, confirmed by an Act of Parliament in the later time of Queene Elizabeth (as you may vnderstand by the manner of proceedings for Assurances) for the obtaining whereof, I haue sundrie times attended the committees of the said parliament, by whose meanes the same was enacted, not without some difficultie: because there was many suits in law by action of Assumpsit before that time, vpon matte [...]s determined by the commissioners for Assurances, who for want of power and authoritie could not compell contentious persons to performe their ordinances; and the partie dying, the Assumpsit was accounted to be void in law.

The nature of Assurances.

THe nature of Assurances are either vpon goods laden or to be laden outwards in such a ship, bound from such a place to such a place. As for example, from London to Saint Lucar vpon Perpetuanoes or Corne, vntill it be laied on shoare at Siuill, which aduenture is as well in the small ships, lighters, or boats, whereby it is carried vp to the citie of Siuill vntill landing of it, as it was in the ship whereby the said Perpetuanoes or Corne was transported from London to Sain Lucar; and any damage either totally or in part, is to be answered by the Assurors accordingly, and pro rata that euerie man hath subscribed in the policie or writing of Assurance, as by the said commissioners for Assurances shall be set downe.

Other Assurances are made vpon goods laden or to be laden homewards in such a ship vnder such a marke, the masters name, and any other circumstances wherby the said goods or commodities may be knowne to be the same that are assured; as laden, or to be laden, by such a man, in such a place, about such a time, &c. which if it be in any ship that was fraighted outwards, may be better specified, or if it be by letters of aduice, it may be described accordingly, which aduenture may also run from the time that the said goods (posito oyles of Vtrera) were laden into any Vessell, Lighter, or Boat, to come downe the riuer to Sain Lucar to be laden in such a ship, or any ship (neither naming the ship nor master) vnto the citie of London, [Page] and the said Oyles there laied on land. But to declare that the Pipes are marked with such a marke, to be laden by such a man, doth much strengthen the said Assurance, to auoid cauillations, doubts, or controuersies.

Other Assurances are made vpon goods laden in a ship for a certaine place, which ship is fraighted going and comming; as for Turkie, or any places in the Mediterranean seas, bound to go into seuerall ports to discharge part of the lading in one place, and the rest in another place; and then to lade againe homewards in such another place: and all this Assurance is one entire Assurance, vntill the ship be returned home, and the goods safely receiued on land.

Other Assurances are made vpon goods to be sent or laden from one place to another, and vpon the returne of the prouenue thereof; as from Lixborne to Brasile, and backe againe to Lixborne; or from Saint Lucar to the West-Indies, Santo domingo, Perou, or any other places, and so backe againe; or from Portugall to the East-Indies, and in like manner to Lixborne againe. All which Assurances are verie daungerous, because a man cannot haue aduice when the voyages are performed; and it hath fallen out, that the Assurors haue borne two aduentures for one, the ship making two voyages vnknowne to the Assurors, dwelling in remote places.

Other Assurances are made vpon the Ship or Shippes Tackle, Furniture, and Keele of the Shippes, so called because all is to be bound to the Assurors, and likewise the Assurors are liable and bound to answere for the whole Ship, as also for Cables, Anchors, and any Furniture, or part of the same, which is also dangerous and much subiect to Aueridges and other casualties, especially if it be vpon a Shippe that cannot drinke of all waters, whereunto diuers men may lay claime; or for some act perpetrated by her in times past, whereby the same may bee called in question, which is the cause that the price of assurance vpon Ships is almost double.

Other Assurances are made vpon goods and merchandises sent by land from one place to another, by the Conductors or Carriers to Venice, Frankford, or any other places, wherein the goods commonly are declared, and the marke also: and this manner of Assurance is especially performed by the Conductors, who take for the charges a certaine allowance for euerie pound weight that the goods do weigh, and moreouer 2, 3, or 4 vpon the hundreth pounds in value that the said goods are esteemed to be worth: and he doth appoint a sufficient gard of souldiors to conuey the same by land and riuers to the places intended, which neuerthelesse by a stronger power haue many times been taken by the Freebooters.

Other Assurances are made vpon the liues of men, for diuers respects, some because their estate is meerely for terme of life, and if [Page] they haue children or friends to leaue some part of their estate vnto, they value their life at so many hundreth pounds for one or more yeares, and cause that value to be assured at fiue, sixe, ten or more for euerie hundreth pounds, and if he do depart this life within that time, the Assurors pay the money; as it happened of late, that one being ingaged for sir Richard Martin Knight, Master of the Mint, caused 300 ll to bee assured vpon the life of the said sir Richard, being some 90 yeares of age, and therefore gaue twentie and fiue pro centum to the Assurors: The auncient knight dyed within the yeare, and the said Assurors did pay the money. Also one master Kiddermaster hauing bought an office of the sixe Clerkes of the Chauncerie, and taken vp money of others, caused for their assurance for many yeares together 2000 ll to be assured vpon his life after foure and fiue in the hundreth, vntill he had paied that money; which is verie commodious.

Likewise a traueller vndertaking a voiage to Ierusalem or Babylon, deliuering out money payable at his returne, will prouidently assure a summe of money vpon his life, either to secure some men that do furnish him with money to performe his voyage, and to put forth the greater summe, or to leaue some meanes vnto his friends, if he should die and neuer returne. So that this office is most necessarie in all humane actions, and men cannot inuent or imagine any thing, but the value of it may be assured, as you may iudge by the former examples. And herein must be noted, that Assurors are verie fitly compared vnto Orphanes, because they may endure much wrong, but cannot commit any; for they are to be ordered and commaunded by the Commissioners sentence, and must performe the same; to which end the Lord Maior of London (for the time being) hath authoritie to commit them to prison, if in case they do not satisfie the same within a time limited, vntill they do it.

Other Assurances are made, and these are the most dangerous of all, because they are made vpon ships and goods, lost or not lost; which is not onely in regard that a ship knowne to be departed, doth not arriue in many moneths after to the appointed place of discharge: but also if any newes doe come that the ship and goods is cast away, neuerthelesse if the Assurance be made with the wordes (lost or not lost) the Assurors beare the aduenture of it, vn [...]esse it can be proued that the partie who caused the Assurance to be made, did see the ship when it was cast away, in this case it is a fraud: as the fraudulent dealing of him that had a rotten ship,Fraudulent Assurances. and caused assurance to be made vpon her, and caused the same to perish or sinke at the seas, to make the Assurors to pay for his rotten ship which could not be sold by him.

In the case of Assurances of lost or not lost, I remember that in the yeare 1583, there was a rich Carracke called the Saint Peter, (comming from the East-Indies for Lixborne) missing a long time, and there was assurance made vpon her in Antuerpe, Roan, and other [Page] places, at 30 pro centum. Within three yeares after, there came or did arriue at Lixborne a smaller ship richly laden, which was made of the other ship which was cast on shoare in a certaine Island, and thereupon certaine controuersies did arise betweene the owners of the goods and the Assurors, as also the master and mariners. At last it was adiudged at Lixborne by the sea-law, that the master and mariners should haue one third part, and that the Assurors should come in for so much as they had pro rata assured, all charges deducted; the ship to be the owners of the former Carracke: with the like consideration as aforesaid.

Prices of Assurances.Concerning the price of Assurances or Premio (as the Spaniards call it) it is differing in all places, according to the scituation of the place, and the times either of warre or peace, or daunger of Pirats, men of warre, or rockes, and vnaccessible places, seasons of the yeare and such like: and the said Premio was neuer lesse than at this time, for Assurances are made for Middleborough and Amsterdam at 3 pro cent. the like from London to Roan and Diepe, Edenborough in Scotland, and Hamborough in East-land: and from London to Bourdeaux and Rochell, Lubecke, Denmarke, 4 vpon the hundreth: as also for Barbarie, for Lixborne, Biscay, Ireland, Dansicke, Riga, Reuell, and Sweaden, 5 in the hundreth: Siuill, Gibraltar, Maliga, and the Islands, 6 and 7: for Ligorne, Ciuita Vecchia, 8 and 9: Venice 10, Wardhouse 9, Russia 9, Santo domingo 11 and 12: and for the East-Indies 15; nay both for going and comming hath bin made at 20 pro centum.

CHAP. XXV. Of pollicies of Assurances, and the substance of them, and of Contributions.

WEe haue partly touched what a policie or writing of Assurance is, by the nature of Assurances aforesaid, and the dangers and aduentures whereunto the Assurors are subiect. But now we are to 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, [Page]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,L [...]sses to b [...] 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 [Page] 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 [...]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 [Page] 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 [Page] 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 wh [...]reupon they might become quarrelsome, but that all should [Page] 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 of the ship whereupon the assurance is made. And if he be a carefull man, the danger of fire aboue mentioned, will be the lesse; for the ship-boyes must be looked vnto euerie night and day. And in this case let vs also consider the Assurors; for it hath oftentimes happened, that by a candle vnaduisedly vsed by the boyes, or otherwise before the ships were vnladen, they haue bin set on fire and burned to the verie keele, with all the goods in them, and the Assurors haue pated the summes of money by them assured: neuerthelesse herein the Assurors might haue beene wronged, although they beare the aduenture vntill the goods be landed; for it commeth to passe many times, that whole ships ladings are sold on ship-boord and neuer discharged, because they should auoid the paiment of Customes and Imposts, and therefore they will breake no bulke, but depart for some other place. viz. Ships laden with Gascoyne Wines do come from Middleborough to London, which haue beene bought by the great, and either the seller of the Wines doth beare the aduenture of the seas, or the b [...]yer. So euerie yeare there are diuers ships which come from Norway laden with Deale-boords, Plankes, Masts, and the like commodities, which being entred into the riuer of Thames for two or more daies, will depart againe for Spaine, or some places in the Straits, according as they haue made their bargaine with the Merchant: in like manner diuers other ships laden with other commodities, vpon the like bargaines and contracts, will make further voyages, and not discharge in the place were it was first intended and named in the policie of Assurance. Now if after such a bargaine made, the ship and goods (either by fire, or any other misfortune) do perish, the Assurors are not to answere for that losse, notwithstanding the generall words (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) contained in the policie of Assurance as aforesaid. I hold it also conuenient to aduertise the Assurors of a case of mine owne experience: In the yeare 1589 I caused the ship of Monsieur Gourdan gouernour of Calais, to be fraighted for Lixborne, and to returne backe againe to Calais or London: A case to be considered in Assurances. the said ship (being arriued at Lixborne) was laden with Sugars, Pepper, and other commodities to returne for London; [Page] whereupon I caused six thousand French crownes to be assured at Roan. It happened that the said ship was cast away vpon the coast of France, in comming homewards, and all the goods were vtterly lost; whereupon intimation being made to the Assurors, I sent to the Commissioners of assurances at Roan, all my proofe concerning the lading of the said ship, hoping to recouer the money assured; but vpon examination of the Bills of lading, declaring truely the qualitie and quantitie of the goods, my factor of Lixborne (considering the dangerous time of warre, and my dwelling in London) left the place of her discharge in Blanke, and by letters ouerland gaue me notice of it, which was made apparant to the said Commissioners; yet neuerthelesse (after the examination of the sea-lawes and customes, and the Paracer had of all experienced Merchants) it was sentenced against me, and the Assurors were cleered, and made onely a restitution of the money receiued by them for their Premio, and yet of that they did abate one halfe or medio por ciento, as it were tenne shillings for euerie hundreth pound for their subscribing to the policie of Assurance, to my verie great losse.

To this purpose doth appertaine another propertie of Assurances, which happeneth, when Merchants cause a greater summe to be assured than the goods are worth or amount vnto when they are laden into any ship which is expected home wards, making account that their Factors will send them greater returnes than they do: in this case the Custome is,A rare custome in Assurances. that those Assurors that haue last subscribed to the policie of Assurance, beare not any aduenture at all, and must make restitution of the Premium by them receiued, abating one halfe in the hundreth for their subscription, as in the case aforesaid, and this is duely obserued; and so a Law not obserued is inferior to a Custome well obserued.

To conclude the point of policies of Assurances, let vs note, that of necessitie it is required as a consideration precedent, that the Assurors must acknowledge themselues to be satisfied of the Premium of Assurance, at the hands of the assured, or any other who doth vndertake to pay them: which beyond the seas is commonly payed within six moneths, because that Merchants assuring each to other, may rescounter their Premios, in the accounts kept thereof betweene them; for herein is vsed great trust and confidence betweene them: and this appeareth also by euerie mans vnderwriting in the said policie of Assurance, in these words, I A. B. am content with this Assurance (which God preserue) for the summe of one hundreth pounds. London this 10 of August 1620, &c. according to the summe and time.

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CHAP. XXVI. Of the manner of Contributions or Aueridges.

Hauing intreated of Contributions or Aueridges in regard of Assurors, now it behoueth vs somewhat to speake of the manner how this is executed and performed; by some called Scot and Lot.

In the case of casting of goods in tempestious weather, for preseruation of life and goods, the master is to consult with the mariners, and if they consent not, yet the master may cast some goods, if the storme continue: but if the Merchant be present, let him begin to cast, saith the law of Oleron, and next the mariners, who if they unbesill any part to their owne vse of that which should be cast, are to answere the double.

When the master shall come on land, he must (with the most part of his companie) sweare that he did cast the said goods, for no other cause, but for the safetie of ship, goods and lines, which are to be cast into an Aueridge or Contribution vpon ship & goods, whether they be burdensome or of small volume, as mony, Iewels or such like, not being weightie; things vpon a mans bodie, victualls, and such like excepted.

But here ariseth a question, Whether goods laden aboue the ouerlope, or forbidden goods to be transported, shall be answered by Contribution? Sure if such goods happen to be the cause of any danger or damage, the master shall beare the losse, and also criminally be prosecuted. But if goods vnaduisedly (without consent of the owner) be cast out on the suddaine, the owner may vpon his conscience esteeme them to the verie value, because the companie (by their rash proceeding) hath lost the priuiledge they had to esteeme and appraise the said goods.

Also any ships geare or apparrell lost by storme, is not within Aueridge, and accounted like vnto a workeman breaking or spoyling his tooles, or ordinarie 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.

[Page]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. (*⁎*)

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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.

[Page]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. (*⁎*)

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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 if the same should happen to bee lost, yet by the said Register, the partie may recouer of the assurors the seuerall summes by them assured; as also because if any newes doe come of the casting away of the Ship, the assured may come to the office, and cause intimation to be made to the assurors, and to euery one of them in particular of such a losse, which is also recorded there accordingly, expressing the time when this intimation is made, and in cases of assurance made vpon lost or not lost, the very houre of the day is to bee set downe, whereby (if there were any fraud) it may sooner bee detected. And if the assured doth thinke conuenient, either for that hee hath almost assured all the value of his goods, or that hee would haue the assistance of the assurors, when there is hope of recouerie of any part thereof, or any other cause which may mooue him: then I say,Renunciation of goods. the party assured may make renunciation of all the goods to the assurors, and hee shall come in as an assuror, for so much as shall appeare that he hath himselfe borne aduenture of; and the assurors are to bee contributaries to the charges of the pursuit, and they may ioyntly argee therein and appoint their seruants, or other persons to follow the same; and this renunciation is also recorded in the said Office accordingly. But if afterwardes it shall bee found, that the assured hath made assurance or caused himselfe to bee assured, for more than the goods laden for his account did cost; then the last assurors which haue subscribed to the Policie, shall enioy the benefit thereof, as hath beene declared. For by the Custome of Assurances it is intended, that to auoid cauilations, euery Assuror shall be bound ipso facto to the said Assurance, hauing a respect to the augmentation of trafficke and commerce, according to the Maxime, It is better to suffer a mischiefe than an inconuenience; the mischiefe being attributed to one or some particular persons, and the inconuenience to the whole Common-wealth in generall.

Hereupon the partie assured doth procure his testimonialls, witnesses, [Page] or any other euidences concerning the said losse, declaring the manner and place, the cause, with all circumstances, either by examinations in the said Office of Assurances, or in the Court of Admiraltie, with all such other proofe as by letters and all other meanes hee can attaine vnto:Proofe of the Assurors. all which hee hath readie, or bringeth into the Office, together with the Charterpartie of fraightment, if hee haue the same; the Policie of Assurance, the Bill of Lading, the Invoice of the goods, the Factors Letter of lading, wherein the Bill was inclosed, or any other Letters made for the declaration and manifestation of all the matter in question: which are all examined by the Commissioners for Assurances, at seuerall appointed dayes for hearing, procured by the assured; at which times all the assurors are warned to appeare, and record is made also of their meetings and ☞ proceedings. And heerein is to bee obserued, that it may many times happen, that the assured hath caused some assurance to bee made in some other place vpon the said goods also: Therefore the Commissioners (if it bee by the assurors required) may examine the assured thereupon by oath, and then deale therein as they find cause, according to the Custome of Assurances.

To abbreuiate the questions which the Ciuilians haue made, concerning this argument of Assurances, writing De assicurationibus, I haue thought good to let euery Merchant vnderstand, that obseruing the forme of the policie of Assurances, with the obseruation before declared, all the said questions will bee preuented, and to proue the same by Demonstratiue Reasons vpon euery question alleaged, as followeth.

An abridgement of Questions of Assurances.

1 WHether an assurance made vpon a Ship named, is to be vnderstood of the ship or of the goods laden therein, or vpon both?

Answere, When the name of the ship is expressed according to the said policie of Assurance made vpon the very Keele of the ship of such a burthen, there is no man endued with reason, that will attribute this Assurance to extend to the goods laden in the same, much lesse to both, when the Ship is onely named and no goods at all.

2 Whether an Assurance made vpon one thousand Hides, laden in such a ship, from such a place, to such a place be good, without naming the seuerall sorts of Hides laden therein?

A. In all policies of Assurances the words runne Generall vpon the principall wares, and all other commodities or goods laden, or to be laden by such a man, for the account of him or any other; and so this (Generall) includeth all particular things, which when assurance is made vpon them are named and specified, as heereafter is also declared.

3 Whether vpon vncertaine things to bee laden, the assurance bee good?

[Page] A. When assurances are made vpon goods laden, or to bee laden, as aforesaid; the said assurance must needes bee of validitie, for the word Goods and Merchandises comprehendeth all vncertaine things vendible: and if it were some particular thing, it is alwayes expressed.

4 Whether an assurance made vpon one Sacke of Wooll bee good, when there is many Sackes of Woolles in the same Ship?

A. The question is preuented by the Custome of Assurances, which is, that an assurance made vpon any particular goods, must bee declared by the particular marke of the goods belonging to such an owner, or any other; and if there be more of the said marke, the number therefore is added: and if the number were alike, the weight may distinguish the same; whereby the one Sack being throwne ouer boord for safegard of the ship and goods, may bee cast into a contribution; or being taken by Pirats, the assurors are to pay for it: so this question is friuolous, as many other are, and breedeth but contention to imbibe Merchants braines with them.

5 The like is when the assurance is made vpon commodities or goods without name, or not naming the number, weight, or measure, but expressing the marke of all goods laden or to bee laden, as aforesaid.

6 Whether the assuror is to haue his Premio or Salarie, vpon a conditionall assurance, or not?

A. There is no conditionall assurance made, but with exception of some aduentures not to bee borne by the assuror; which are not comprized in the policie of assurance, and therefore the Premio is due to the assuror.

7 Whether an assurance made is to bee vnderstood of the first voyage which the ship doth make after the assurance is made, and the ship appointed for lading?

A. This is to be vnderstood alwayes of the first voyage, vnlesse there were a declaration of a second voyage in the policie of assurance, and therefore I haue noted a caueat for assurors to bee carefull how they cause other men to assure for them in remote places, not to make them lyable to two voyages for one assurance, nor to be subiect to a second voyage when the first is performed, but to be vigilant in their actions.

8 Whether an assurance made for the tempest of the Seas, bee also to be vnderstood for Theeues or Robbers vpon the Seas?

A. The generall and ordinarie policie of assurance, containing all aduentures, sheweth, that the assuror is to beare the aduenture of both these; and if it were otherwise in particular, it must bee declared: So that this distinction is vaine.

9 The like may be said to the question, Whether an assurance made by stipulation, be a contract or not? or whether it be couentionall or conditionall? wherein this distinction is of no moment.

10 Whether an assuror (hauing payed the Merchant for goods [Page] lost by him assured, may afterwards, if the goods were found againe or recouered) restore the goods to the Merchant, and call for his money (which he paied) backe againe?

A. It appeareth plainely by all policies of Assurance, That the Assuror doth condescend that the Merchant shall haue full power and authoritie by himselfe or his Factors and Seruants, to sue for therecouerie of the goods, and that the Assurors shall contribute to the charges pro rata of their summes by them assured respectiuely: but the Merchant is not therefore hindered to recouer the money of the Assurors, neither can one particular Assuror haue all the goods; for the Merchant relinquishing the goods to the Assuror, reserueth alwaies his part therein which he hath not assured, which he detaineth in nature of an Assuror, so that the Assuror hath not conuenient meanes to performe the contents of the question; neuerthelesse, if the Merchant will, hee may buy the goods so recouered of the Assurors, as they can agree; but then is the question altered, and not the same.

11 Whether an Assuror is to answere any hurt or damage done to the goods by Mice, Rats, or any other vermine, especially moaths?

A. By the policie of Assurance that Assuror is to answere for all damages, detriment, or hurt which shall happen to the goods after his vnderwriting: but if he can proue the hurt or damage was before done in the ware-house or other place, he is not bound to answere the same.

12 Whether goods lost in the ship boat, being vnladen out of the ship, or being to be laden into the ship, shall be answered by the Assurors, or what may be laied to the charge of the Assurors by contribution?

A. This question consisteth of two points: the answere to the first is plaine, according to the policies of Assurances, where it is specified, that the aduenture shall begin vpon the goods laden in any Boat, Vessell, or Crayer to be laied aboard of such a Ship, or being discharged out of the Ship, the aduenture to continue till the goods be safely landed: but to the second, the answere is not so plaine, because it dependeth vpon the sea-law, and must be considered accordingly. For as we haue noted in the chapter of Contributions, if by occasion of lightening, the goods which are put into the Boat or Lighter perish, the ship and remaining goods in the ship shall answere for the same: but on the contrarie, if the ship and remaining goods perish after the Boat or Lighter is once safe, no contribution shall be on the goods in the Lighter; for the law is, That the goods shall onely be lyable to contributions, when ship and goods are safely arriued to their intended port of discharge: according to this rule is the Assuror to answer for contributions pro rata of the summe by him assured.

13 Whether assurance made for pirats, is to be vnderstood also for theeues which by night steale the goods from the ship?

A. The answere is so euident, that both the one and the other is [Page] comprised in the Assurance, as there needeth no other explanation.

14 Whether an Assurance made at one time vpon goods to be bought and intended to be laden, and afterwards found not to be bought at the same time, but at another time, doth bind the Assurors to pay the losse?

A. This question is worthie the consideration, and doth meerely consist in the obseruation of time, & not in the buying of the goods, although it be so propounded; for the time maketh great difference in the assurance, as I haue noted before. Goods laden in the Summer are not in aduenture comparable to the Winter when stormes and tempests do arise, and therefore are not the Assurors to be made answerable to this assurance; for the custome herein is cleere and concurring with the Law of Oleron, and therefore not comprised in the tenor of the policies of Assurances, which is the cause also that Assurors are to haue a speciall regard to the Masters of ships whether they be vicious or diligent: for the loue of women and wine maketh them to loose the oportunitie of time; so that by contrarie windes their voyage is retarded, and which was to be made in Summer falleth out to bee in Winter, subiect to eminent daungers and losses, whereunto the Assurors become liable, as is declared, whether it be by accident, misfortune, casualtie, rare successes and negligences of Masters and Mariners vnlooked for and happening in strange manner sodenly.

15 Whether an Assuror be liable to the aduenture of goods shipped from one ship into another?

A. Sometimes in policies of Assurances it happeneth that vpon some especiall consideration, this clause forbidding the transferring of goods is inserted, because in time of hostilitie or warres betweene princes, it might fall out to be vnladen in such ships of those contending princes, whereby the aduenture would be farre greater. But according to the vsuall Assurances which are made generally without any exception, the Assuror is liable thereunto: for it is vnderstood, that the Master of a ship without some good and accidentall cause, would not put the goods from one ship into another, but would deliuer them (according to the charterpartie) at the appointed place, which is the cause that (when assurance is made vpon some particular goods laden in such a ship, vnder such a marke) the Policie maketh mention of the goods laden to be transported and deliuered to such a place by the ship, or by any other ship or vessell vntill they bee safely landed, so that in all these and the like the condition maketh the law.

16 Now there is a question, Whether an Assuror is answereable to the assurance of goods to beare the aduenture if no goods were laden, or but part of the goods?

A. If a man do bind or oblige a thing to be found in such a place, and it is not found there; euerie man knoweth that the said thing tied to a locall place cannot be bound thereby, because it is a bodie [Page] named without substance, and not in Rerum natura, and there would be vnderstood a priuation without being, and where there is not materia & forma, first, there can be no priuation: but if part of the goods were laden, then the Assurors are liable for so much as that part of goods did cost or amount vnto: albeit that in this (as I haue touched before) custome is preferred aboue law;Custome to be aboue law in this particular for the ciuile law (if there be many Assurors in a ship vpon the goods laden therein) maketh all the Assurors liable pro rata, as they haue assured according to the said part of goods laden, if a losse do happen: or if there be cause to restore the Premio or sallarie of assurance in part. But the custome of Assurances doth impose the losse vpon those Assurors which did first vnderwrite, and the later vnderwriters of the Assurors do not beare any part of the losse, but must make restitution of the Premio, and reserue onely one halfe vpon the hundreth pounds, or 10 ss for their vnderwriting in the policie of Assurance, as is obserued. The Ciuillians therefore haue noted, That in Assurances the customes of the sealawes, and vse amongst Merchants is chiefely to be regarded and obserued.

In like manner, if a ship bound for a certaine port (being at sea) be driuen backe to the same from whence it departed, and by tempest be cast away, the Assurors are to aunswere the damage of the goods laden therein, for so much as they did assure, as they do in other casualties. Assurors therefore are rightly exempted by the Diuines and Canonists to be no manner of waies vsurors, taking a benefit by contract &c.

The matter of losse being well examined and made plaine, the Commissioners then with a mature deliberation do set downe their determination and sentence, That the Assurors shall pay euerie one the mony by him assured; and if thereupon any one do denie to make payment accordingly, then (vpon certificate to the Lord Maior of London, and some of the said Commissioners made of his refusall) they haue by act of Parliament (as aforesaid) authoritie to commit the said Assuror to prison, there to remaine vntill he doe pay or satisfie the said sentence or finall decree, which no man of any credit will incurre. And thus is this laudable custome established in England: and beyond the seas they are compelled by the Magistrates to performe the like ordinances or sentences pronounced in the like cases of Assurances. (*⁎*)

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CHAP. XXIX. Of Shipwrecke, and things found vpon the Seas.

THE Merchant or the assured, together with the assurors, have great cause of encouragement to looke after the goods of a Shipwrecke, for there is no forfeiture of the said goods; but with all humanitie euerie man is bound to aid them thereunto; and whosoeuer steales any such goods, hee shall pay fourefold to the owner thereof, if hee bee pursued within a yeare and a day, and as much to the Prince or Admirall: wherein the Sea-law is so strict, that the stealing of a nayle or the value thereof, maketh the party guiltie to the rest of the goods; so that by the ordinance of the Emperor Antonius, The theese or robber of such goods should bee beaten, and banished for three yeares; or if hee were of base condition, scourged to the Gallies. For he that will not helpe such distressed men, shall bee counted as a murtherer: and therefore may no man hinder Ships to tye their ropes, or lay their anchors on land. And therefore did Hadrian the Emperour ordaine, That all men hauing possessions on the coasts, should attend carefully vpon such chances, otherwise they to be answerable for all things missing by stealth or robberie.

If no man in due time claime such a wrecke, then it belongeth to the Prince or Admirall: and any action for Shipwrecke must therefore be commenced within a yeare and a day.

Wherein also is to be noted, That if the Ship onely perish and the goods bee saued, then the goods shall pay the tenth, or the fifth, as the difficultie of the sauing thereof shall require. For Gold, Siluer, Silke, and the like things of easie transportation, should pay lesse than goods of greater weight and burthensome for carriage, as being in greater danger, except the Master carry in his Ship to a place where hee should not, and then is the Merchant free of the Masters losse. Now of things found vpon the Seas, or within the flood-mark, these are of three sorts, either found on the streame floating, and then are called Floatson; or found on the Sea bottome,Floatson. Lagon. and drawne vp from it, and then called Lagon; or found on land, but within the Sea-flood, or cast forth there by storme and the water, and then are called Ietson.Ietson.

[Page]Concerning Floatson and Ietson, whether things be cast vp by Shipwrecke, or else left or lost through casting in stormes, the finders thereof (as some Lawyers are of opinion) should doe therewith as with other goods found vpon land, that is, to proclaime the same to be forthcomming to the true owner, because the loser remaineth still proprietarie of them: and if no man claime the same, the finder to keepe the same to himselfe. But by the Rhodian Law, the finder hath one fifth part for the sauing. And in France by the Admiraltie of Rochell, they allow Pour le Droict de sauuage one third part, which my selfe haue allowed of eightie pipes of Oyle, and twentie two Butts of Sackes, which became Floatson out of a Ship of Diepe, called the Desire, which did perish neere the Island of Saint Martin de Rea, not farre from Oleron, in the yeare 1589, the French King Henry the fourth late deceased being then but King of Nauarre. So hath a Diuer for drowned goods,Allow [...]ee to Diuers in the Seas. one third part vpon eight Cubits deepe, and vpon fifteene Cubits hee hath halfe, and vpon one Cubit but a tenth; which of late yeares was accordingly allowed in some part of Ireland, for drawing vp some Ordnance of the Ships, which of the Spanish Armada did perish vpon the coast, Anno 1588. But by the Custome now vsed, euerie man of some qualitie will claime all as his owne, if it commeth vpon his land, contrarie to the Law of Oleron, which giues it to the finder.

If Ships or Boats are found on the Sea, or vpon the coast, without any liuing creature therein, and no man claiming the same within a yeare and a day; then the halfe is allowed to the finder, and the other halfe to the Prince. But of late yeares all is left to the arbitrement of the Admiralls, to consider the finder or taker with some portion for his trauells, charges, and danger. And if the finder conceale such goods, whether Anchor, Timber, Iewels, dead men with money or Iewels about them, hee not onely loseth his part, but also shall bee fined at the will and pleasure of the Admirall.

If Whales, or Regall Fishes, Ships or Boats without liuing thing in them, be driuen by force of winde and waues onely to any coast or land, then all and wholly doth appertaine to the Admirall. But in the yeare 1617, a great Whale being found on the coast in Suffolke, where Sir Robert Lloyd Knight was Admirall for the late Queene Anne, his Maiesties Consort, for her lands there; he took not the benefit hereof, as hee might haue done, but the said Queene had the same.

In like manner, a Deo dando or Deodant appertaineth to the Admirall, that is to say, The thing (whether Ship or Boat) that caused the death of a man, or whereby a man did perish vnawares.

To conclude this point, let vs remember that in causes of spoile, it is sufficient by the Lawes of England, for the spoiled to prooue his goods by his marke, and the Shipwrecke may not only be proued by the persons liuing, but also by the persons who were present at the preparation of their voyage, euen their owne parents and children, if none of the Ship (broken) be aliue.

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CHAP. XXX. Of Partners of Ships and Voyages.

FOrasmuch as Parteners and Owners of Ships cannot be constrained by the Law to remaine in Partenership, although they had made a couenant neuer to sunder or separate themselues; therefore are there many considerations to bee had and required in the same.

And first it is generally obserued and accustomed, That if Owners of a ship newly builded or bought betweene them, shall fall out and be at variance, the said ship shall bee imployed and make one voyage first,Law of Oleron. vpon their common charges and aduenture, before any of the parteners bee heard to sunder and discharge their part. And after that, if they cannot agree, he who desires to be free, is to offer to the rest his part, and to set the same vpon a price, as he will either hold or sell; which if hee will not doe, and yet refuseth to set the ship forth with the rest of the Owners or Parteners, then may they rigge the said ship at their owne charges, and also vpon the aduenture of the refuser, so farre as his part doth extend, without any account to bee made vnto him of any part of the profit at her returne. But they are onely bound to him to bring her home safe, or the value of his part to bee answerable for, and that iustly; because ships were made and inuented in common for the vse of all men, euen of them that dwell in the Mountaines, as on the Sea coasts, and ordained for sayling and not to lie idle and vnoccupied. But if the persons, who haue most part of the ship, refuse to abide in Partenership with him who hath a small part, that neither hee can sell his part at a price, without great losse, nor is yet able for want of meanes to attaine or buy their parts; then are they all bound to put the ship to an appraisement, and so to dispose of her by sale, or setting of her forth on a voyage, accordingly; by meanes whereof their discord may be ended and the ship not spoyled. And if for want of buyers in that place, the poore partener can neither auoid the oppression of the richer, nor yet the rich satisfie the poore man, which may also be wilfull, then may the Iudge of the Admiraltie, or the ordinarie Iudge deale and decree the same, as hee may doe in omnibus alijs bonae fidei actionibus: And consider of all the circumstances [Page] of the persons, of the matter of their difference, and of their motiues; that thereupon he may administer Iustice in giuing euerie man his due right.

In cases where Owners doe agree, and voyages are vndertaken, there the Master of the ship is placed by the Owners,A Master placed by the Owners. and they ought to make good the Masters fact and deed; so that the Master may lay his action vpon any one of the Owners: but the rest of the Owners shall pro rata of their portions be contributarie thereunto, except the handling of the Ship be so seuerally diuided amongst them, or that the Master haue not his Power and Commission of them all; or that the Master hath bound himselfe aboue his Commission, as if he haue taken vp money to mend the ship, when as he needs it not, or that hee haue no Commission at all: in which case the lender committeth an ouersight, and hath no remedie but against the Master. But if there were cause of mending the ship, and the Master should spend the same another way; the Owner is to satisfie the Creditor notwithstanding. And aboue all things money lent for victualls to the ships company should be payed and preferred before all other debts.

If a Merchant contracting with a Mariner, that is not a Master, be therein ouerseene, he must content himselfe, for he can haue no action against the Owners, except for a fault done by a Mariner which hath beene hired and put in by the Owners.

Againe, albeit that by the Sea-lawes, the Owners may not pursue any persons obliged to the Master; yet are they permitted to pursue vpon the Masters contract, as if they had beene principall contractors. Because herein they doe represent and vndertake the person of the Master, and these priuiledges are granted to the Owners, for the good of the Common-wealth, and augmentation of trafficke.

Neuerthelesse the Master is not bound to render an account of all to the Owners, as for passengers which are found vnable to pay; and so are not Owners bound to answere for the Masters negligence. But it is very conuenient if the Owners bee in place, that the Master doe not let the ship to fraight, or vndertake any voyage, without the priuitie, knowledge, and aduice of the Owners, or of some of them, to the end many things may bee aduised by them, whereof the Master was ignorant.

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CAHP. XXXI. Of Moneys taken vpon Bottommarie, by the Master of a ship, called Foenus Nauticum.

THe name Bottommarie is deriued by the Hollanders from the Keele or Bottome of a ship, vpon the paralel whereof, the Rudder of a ship doth gouerne and direct the same: and the money so taken vp by the master of the ship, is commonly done vpon great necessitie, when moneys must be had in forreine countries to performe a voyage; for the vse payed for the same is verie great, at 30, 40, and 50 pro cent. without consideration of time, but within so many daies after the voyage ended.Difference between interest money and Bottommarie. This Money is called Pecunia traiectitia, because that vpon the lenders danger and aduenture it is carried beyond or ouer the seas: so that if the ship perish, or that all be spoyled, the lender doth lose the money. But on the contrarie, money letten at interest is deliuered on the perill of the borrower; so that the profit of this is meerely the price of the simple loane, called Vsura: Locatio, or hire but the profit of the other is a reward for the danger and aduenture of the sea, which the lender taketh vpon him during the loane, which is to be vnderstood vntill a certaine day after the voyage ended; therefore if the money miscarrie, either before the voyage begin, or after the terme appointed for the full loane, then the perill pertaineth to the borrower thereof, and not to the lender. I meane of perills proceeding by storme, violence, spoyle, or such like occasions which cannot be eschewed by any diligence of the borrower. Therefore if the borrower employ that mony vpon commodities, and that the said commodities become forfeited for nonpaiment of Custome, the lender shall be cleere of any damage thereby. It is also to be noted, That money lent at maritime interest without hazard, but vpon securitie, should pay no profit, otherwise than the money lent at interest, because the securitie is giuen ouer and aboue for the lenders assurance. Againe, suppose it were money not entred in the pursers booke, and yet lent for the need of the companie within the ship during the voyage, if before the day appointed for the payment, ship-wrecke, or spoile happen, then should the losse come in contribution betweene them; because if that money had beene lying by the lender still vnlent, it had beene in common daunger with the rest: but if the time appointed were past with the perils [Page] aforesaid, then shall the borrower pay that money so borrowed, free from all contribution.

Further in case the borrower detaines any such money lent as aforesaid, beyond the time appointed for the repaying, he shall at his returne not onely pay the profit agreed vpon before the voyage, but also augment the same according to the longer time, and shall pay the profit of that first condition accordingly.

Some Merchants there are, that will deliuer money in nature of Vsura Maritima, ioyning the vse money and danger of the seas, either vpon the ships or goods all in one consideration, and so take 25 or 30 vpon the hundreth, at the returne of such a ship from such a voyage; wherein they haue an eye to the person that taketh vp the money, making account to be better assured by a vigilant eye vpon a Merchants trafficke, whom they must trust (if they will make benefit of their moneys) rather than to deliuer their money vnto another of whose dealing they cannot giue so good a iudgement.Combination of interest money and assurance. As for example, They know that such a Merchant doth deale for Turkie, and that in knowne ships trafficking that way, the deliuerer of money goeth vnto him and maketh an offer to lend him 1000 ll for a voyage to be made (with Kersies and Tinne) to Tripoli, and that he wil beare the aduenture of that money during all the voyage, which he knoweth is commonly performed within the yeare: for (saieth he) you know that I am an Assuror, and you do vse to assure your goods, and to increase your trade you take vp moneys at vse of others in smaller summes; it may therefore be verie commodious for vs both to include the price of assurance, and the vse money together, and so with the returne you shall be prouided to pay me againe, if God do prosper the ship and make homewards speedily, if not, I can demand nothing of you, and must be contented to beare the losse with patience. Hereupon a contract is made, ten in the hundreth is accounted for the vse money,Contract of interest and assurance iointly and tenne in the hundreth for the aduenture of the goods outwards, and another ten in the hundreth for the aduenture of the returne homewards: in conclusion, there is 30 pro Ceinto; So that vpon the returne of the said ship he is to haue 1300 ll within such a time as they commonly agree, be it one or two moneths after. This is a good bargaine for the lender, howsoeuer the borrower of the money may speed; for the lender hath not to do with the sale of the goods, nor with the returne of them: but he will be sure that (at the returne of the ship) he may haue his money payed him, not onely by the prouenue of the Kersies and Tinne which was bought with the thousand pounds he lent, but also with the returne of all other goods which the borrower did lade more in the said ship for Tripoli, as aforesaid, and in like manner for other places.

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CHAP. XXXII. Of Shipping and Nauigation.

VNder the name Nauis is all kind of shipping vnderstood, and Nauigium is a generall word many times vsed for Nauigation. So that it is not of any moment to describe the diuersitie of ships, as Carracks, Galleons, Galeasses, Galleys, Centaureis, ships of Warre, Flyboats, Busses, and all other kind of ships and vessells: But that we may vnderstand the sea lawes and customes obserued therein, appertaining to the law Merchant, as also those things which properly may concerne ships, as followeth.

All ships being made for failing, are to be prepared accordingly, both for goodnesse and sit timber, and conuenient building; as for the placing of the Rudder of the ship vpon the right paralell of the keele of the ship,The Paralell of Equalities. for therein consisteth a maine point for swift sayling, which is found to be a great defect in many ships partly new built and repaired: for new timber and old, mixt together, doth neuer indure long, especially if the ship be not repaired in time before she be much decayed, which often commeth to passe, when the owners of it cannot agree therein. The law therefore is commendable, That if the most part of the owners, or those that haue the greatest interest and part therein, cause the same to be repaired, that he who prouideth not his money for his part within foure months after, shall lose his part to the other owners, if he refuse to be conformable with the rest, or with his partner in the said ship, who did disburse the same; and moreouer he is to pay the consideration of the money also, for the time that the same was laied out.

Some make a question, Whether a ship so amended & repaired shal be taken to be the same? But it is cleere, that so long as the keele of the ship remaineth, it is still the same ship, and not to be called another ship; so is it alwaies belonging vnto the owners of the ship, although they had fabricated & amended the same with another mans timber: for the selling of a ship is not a sufficient course to alienate the same; but the quiet possession thereof must be deliuered vpon the sale made. And although the sale be made, and the possession of a ship deliuered, if neuerthelesse it afterwards shall appeare that [Page] some haue committed piracie with the same, the party who lost his goods, may lay an action to the ship in place conuenient. Hence the prouerbe ariseth,A ship which cannot drinke of all waters. That such a ship cannot drinke of all waters. Albeit this law is not generall, no more than a ship driuen by tempest into a Harbour or Port, is subiect to pay custome there; albeit some demaund the same, although no bulke be broken, which seemeth to be vnreasonable. A contract therefore taketh his strength from the parties contracting, and the place where it is made, according to the customes thereof. It is therefore also dangerous to fraight vnknowne ships, which may be subiect to other mens actions, and that in many places, where wind and weather may command them to enter; for ships are properly reputed amongst moueables, Quia non sunt immobilia.

Of shipwrights.Here the ship-wrights or builders of ships are an especiall sort of persons to be considered and respected, called by the Grecians Naupegi, who are subiect to the iurisdiction of the Admiraltie, and to render an account of their skill and knowledge in the building of ships to make the frame thereof comely and strong, tith and durable, or else pay the penaltie to be imposed vpon them for all costs and damages: therefore they are to prouide good materialls, and refuse to take bad stuffe, as Aller, Beech trees, and such like spungie timber for salt water; whereunto Merchants must haue a speciall regard, and looke that no greene timber be put in the worke, but such good Oake as hath beene cut downe either at the wane of the Moone, and in the deepe of Winter, or at such times as experience proueth wood to be most sollid and durable: for being cut in other seasons and dried vp, it becommeth open to receiue the water, and consequently the aire, which is the cause of putrefaction in all things vegitable.

Concerning yron, they are also to haue a care it be not brittle, and that all be performed with great care. Shipping being the walls of the kingdome of England: and ship-wrights are forbidden vnder paine of treason to communicate or make their art knowne vnto enemies or barbarous people.

Nauigation dangerous.From shipping let vs come to Nauigation: of the necessarinesse whereof no man euer doubted, and whose perills are alwaies eminent; insomuch that Anacarsis said, That trauellers on the seas were no further from death, than so many ynches as the timber of the ship was thicke or broad, according to the saying of the Satyre, Digitis à morte remotis quatuor aut septem, si sit latissima t [...]da: Whom Bias the Phylosopher would neither reckon amongst the liuing, nor those that had life infused. And he was esteemed to commit a great error, that would bring any goods by sea, which he might transferre by land; whereof more hereafter.

No man can be prohibited to saile on the maine sea, albeit in some places (where the waters are as royalties vnto them) it be prohibited, as the Venetians do in the Adriaticke lake, and other Princes and Common-weales in their iurisdictions and commands, which [Page] hath beene obserued time out of mind, and is taken for a most ancient prescription.

If a ship bound for Venice, doe enter into the Riuer of Lixborne and there deliuer some goods or merchandises, and afterwardes entring into the Straights of the Mediterranian Sea, be driuen by contrarie windes to some other place or Island in the said Seas, and then make after that his discharge at Venice:Sayling from Port to Port. all this time of the voyage is but one Nauigation, and the Master of the ship hath committed no fault, and done his endeuour if hee did depart from his first Port at the appointed time, by the Charterpartie limited. But for as much that wee haue alreadie intreated of his duties to the Merchant: let vs in the next Chapters remember Nauigation, with the communitie of the Seas, and now make an abridgement of the Imperiall Sea-lawes of the Haunce Townes.

CHAP. XXXIII. An abridgement of the Imperiall Sea-lawes of the Haunce Townes, made in the yeare 1614.

HAuing alreadie in the precedent Chapters, declared the Sea-lawes generally obserued in all Countries, and that in compendious manner: I haue thought good neuerthelesse to abridge in this place the Imperiall Sea-lawes of the Haunce Townes, as they haue beene reuiewed and exactly set downe by the Magistrates of all these Haunce Townes, at an assembly in the famous Citie of Lubecke the 23 day of May 1614, vnder 15 Titles in seuerall Articles, as in the margine is declared.

No man shall set forth or cause any ships to bee builded in any of our said Townes, vnlesse hee bee a Citizen,Of the building of ships. or haue obtained leaue of the Magistrate.

No Master of a ship, shall vndertake to build a ship in their parteners absence, vnlesse he doe it at his owne charges, and be able to set her forth alone, vpon paine of halfe a Doller for euery Last, to bee payed, the one halfe to the Magistrate, and the other halfe to the poore.

The Master of a ship is to conferre with his parteners, and to conclude of what burthen the ship shall be built, and in what manner, to be done all in writing, and if it bee found bigger, to pay two Dollers for euery Last, &c.

[Page]The Master hath no power to enlarge the building of a ship after she bee at Sea, vnlesse it be vpon great necessitie to aduance the voyage, and for her safegard, otherwise all the charges of it shall bee his owne.

The Owners, Parteners, or the Masters of ships, shal haue no power (during the building of the ship) to giue away any of the materialls or victualls of the ship (but to bring the same to account) vnlesse all of them doe agree thereunto, otherwise they are not to be payed for.

That with their generall consent, some two or more persons bee appointed to buy all which shall bee requisite to the building of the ship and prouision, and they to deliuer an exact account of it by particulars, &c.

Of the owners or parteners of ships, and Masters.The Master of a ship, which hath beene formerly for others at the Seas, shall not bee imployed by others, vnlesse hee produce a testimoniall that he is discharged from the Owners in decent manner, vpon paine of fortie Dollers.

A Master being entertained, is forthwith to bee assured by the Owners of his wages, whereby hee may bee able to deale with his Mariners. And the said Owners are to doe their indeuour to make good, on their parts, what shall be necessarie for the voyage.

All Owners are to cause good accounts to be kept, and to deliuer vpon the finishing of them, publike writings and testimonialls of the Masters good behauiour, and discharge of his vndertaking, vpon paine, &c.

If the Owners of a ship cannot agree with the Master, as is fitting, they may by generall consent make choice of another, and pay the said Master his wages, and discharge him: and if hee haue any part in the said ship, they are to pay him for the same according to iust appraisement.

Of the Masters office.Euery Master of a ship is to haue knowledge of the Compasse, and to be able to gouerne and direct the same, and to hire his Mariners accordingly, or in default thereof to bee punished for his presumption and vndertaking.

To prouide Mariners of experience, and that the ship be not ouerladen, nor too light laden, but haue his due ballast, and to haue his Cabin and ouerlop cleare.

That hee bee on shipboord euery night, and vpon speciall occasions being absent, hee may leaue his Mate and other that may supply his place.

That they doe not too much meddle with merchandise or trade, whereby they shall bee hindered in the due care of the charge of the ship.

The Master is duely to pay the Mariners wages, without any abatement, vnlesse it be for monyes lent them before, or cause to pay any thing to the Owners.

The wages due vnto Mariners for places neere at hand, are to be payed but by two payments, but for remote and long voyages in [Page] three payments; one at the departure, another vpon the vnlading of the goods, and the third vpon the ending of the voyage, by equall portions in third.

If a Masters vpon some reasonable occasion wil discharge his Pilot either vpon the vnlading or relading, he is to pay him full wages.

If Mariners be vnruly and giue occasion to hinder the voyage any way, by their misbehauiour to be prooued by two other Mariners, the Master may set them on land, or cause them to be punished according to their demerite.

If Mariners will not testifie of their fellowes misbehauiours, the Master vpon his oath shall be beleeued, and the Mariner to be punished accordingly.

If a Master doe conceale the offences of Mariners, hee shall forfeit and pay fiftie Dollers, halfe to the Magistrate, and halfe to the poore.

If a Mariner should kill another, the Master is to keepe him in Yrons, vntill hee bring him vnto the first judicature to bee iudged, &c.

If a Pirat or Theefe shall come aboord, and the Mariners are willing to defend the same, and yet the Master will not fight: this Master shall neuer bee put in trust any more, nor haue credit as an honest man, nor bee suffered to dwell in any of the Haunce Townes.

If a Master be put in trust to bring ouer Pearles, Precious Stones, or Money, which are wares of no volume to pay fraight, but a consideration; the Master is to haue the fourth part of it, and the other three parts are to be the Owners.

If a Master, being part Owner, wil sell his part, or cause his Owners to pay deare for it: the said part is to bee valued by indifferent persons, and the Owners or some of them are to pay accordingly.

If a Master without cause will saile in another Hauen than hee is fraighted, and losse doe happen, hee shall answere the same of his owne meanes.

If a Master shall sell the ship, and the Merchants goods, and runne away, hee shall not remaine in any of the Haunce Townes, and shall bee pursued to answere for the same to the vttermost by all meanes.

If by contrary wind and weather being entred into another Harbour, the Merchant doe sell his goods, the Master is to haue his full fraight, or to goe the voyage.

If a Master find himselfe in places, where neither himselfe nor his Pilot is acquaited, and may haue Pilots, but will not vse them, hee is to pay one marke of Gold for his punishment.

If a Master haue his lading in Corne, which becommeth hot, hee is to coole the same in conuenient manner, if wind and weather doe not hinder him: and the Mariners are to haue two shillings lups for euery Last for doing of it.

[Page] Of the hiring of Mariners.No Master shall henceforth take any Mariners to hire, without they haue a pasport of their last seruice, vpon paine of two Dollers, which pasports euery Master is to giue, and shall bee printed with Blankes for the names.

None shall hire another Mariner by intisements of words, or by giuing greater wages, but take them of course, vpon paine of tenne Dollers, &c. And if the Mariner take his owne leaue, the Master may claime halfe the wages which another shall giue him.

The Mariners shall keepe their promise of fidelitie to the Master, and be of good behauiour, and quietly liue together vpon paine as followeth.

If any one doe put himselfe forth to bee a Pilot, Boteswaine, or any other officer, and shall be found insufficient by two credible honest men, or be prooued by his company, they shall not onely lose their wages, but also be punished according to the fact.

If a Mariner be entertained, and at the Masters charges, and before the voyage, the Master take dislike of him, hee may discharge him, giuing one third of his wages, but it shall bee of the Masters purse, and not for the Owners to beare any part thereof.

When the Master hath entertained the Mariners at the ship expences, the Mariners are to make their lodging on boord, and to content themselues with it.

When the ship is come to some Port, or arriued at the place, the said Mariners are not without the Masters leaue to goe on shoare, vpon paine to be imprisoned, and further to bee punished as cause shall require.

The Mariners shall haue no guests on boord without the Masters consent.

No Mariner shall haue his wife on boord in the night, vpon paine of a Doller if he doe offend.

No Mariner is to discharge any Ordnance, or shoot without the Masters commandement, vpon paine to pay double for the powder and shot.

All Mariners shall both at Sea and in the Harbour, keep true watch night and day, according to the Masters appointment, vpon paine of halfe a Doller to bee abated of his hire, and by default to bee punished, &c.

Whosoeuer be found to sleepe vpon the watch, shall forfeit eight shillings lups, and he that findeth him sleeping and conceales it, shall pay the like.

No Boteswaine shall loose a Cable, without the Masters or Pilots commandement.

When a ship is detained by wind and weather in any strange place, no Mariner shall depart or goe on shoare without the Masters leaue, vpon paine to lose halfe wages, the halfe of it to the Master, and halfe to the poore.

Neither shall the Mariners goe on shoare, when the ship is at [Page] Anchor, without the masters leaue, vpon paine of halfe a Doller.

If any mariner go on land without leaue, and become wounded, the master is not to looke to see him healed.

If a Boteswaine being absent, be the cause of some great harme or losse, he shall answere for it: and if he haue no means, he shall be then imprisoned one whole yeare with bread and water: and if by his default the ship perish, or some bodie be slaine, he shall answere for it with his life, or be punished according to his offence.

When the master with some of his mariners goeth on land, the mariners are to attend in the boat for him, or to follow his order; and if any remaine all night on shoare, he shall lose his portage, and be punished.

When a master hath hired his companie for a certaine place, and he hath afterwards aduice of his Owners or Partners, that more profit is to bee made in another place: the mariners are to be content therewith, and to take content for their wages; wherein if they cannot well agree, then the most antient are to conclude, or other indifferent persons: and if any mariner be not so contented, and thereupon quarrelleth, he shall be punished as a mutinous person. The like is to be done in any fraight which might happen, where the master is agreed with, which being performed, then to be determined in like maner for all controuersies, as aforesaid.

When a master hath maintained (at his expences) the mariners in the Winter season, they shall not seeke to haue their wages augmented.

If a ship be detained by some Prince or Potentate, or sent on a voyage, the mariners are to serue neuerthelesse; and if any run away, they are seuerely to be punished: and hauing serued, the difference also to be ended with indifferent proceeding, as aforesaid.

If mariners will go away vpon ending of halfe the voyage, the master may demand all their whole wages.

If any mariner officer (hauing receiued halfe wages) runne away, he is to be pursued, & burnt in the face with some letter for a marke.

If any mariner do commit any outrage to the master, he is to be seuerely punished according to the offence. And if they combine or conspire against the master, whereby he may be driuen into some other harbour, or receiue great detriment to the ship and goods, all is to be punished both by wages, life, and goods accordingly.

If the ship become assailed by Pirats or Frybuters, the mariners are to defend the same, and to assist the master: and if they be found partakers in the taking of the ship, they are to be beheaded for it.

If a ship be in danger at sea by tempest or stormes, the mariners are to do their vttermost endeauours to helpe the master to saue the ship and goods; and if cast away, to helpe to saue the furniture thereof, as also the goods and merchandises, and of them to haue some recompence for the sauing; and by default, to be punished by all meanes whatsoeuer.

[Page]When a ship is to be prepared or set forth, it must be done with a free and good will, and that all things may be bought at the best hand; wherein one or more persons may be imployed with the Master, taking care to bestow all things in some conuenient place, with the consent of the Owners: that the flesh be wel salted and preserued, and all other victuals prouided to be shipped at the appointed time, all with good order and direction.

But when a Master of a ship doth victuall in some other countrie where he hath no Owners, he must alwaies buy all things as good as he can, and thereof keepe a true and iust account, wherein (if he be found to haue dealt fraudulently) he is to be punished for a theefe.

Therefore to prepare all things whereby a voyage may be sooner accomplished, the Magistrates are to take care as well as the Owners to further the same; so that the Merchant or the fraighter of the ship making the goods readie to be laden, may find the ship readie at the appointed time agreed vpon, vpon forfeiture of the whole fraight.

No Master of a ship shall for himselfe alone, or his Owners, deale or lade any merchandise and goods in the ship, without the knowledge of the fraighter of the ship, but do all things orderly.

And whereas it may happen, that in the preparing of a ship, some of the Owners may not agree to the same; most voices shal ouer-rule the same, as the manner is in all sea-lawes, and then money may be taken vpon the ship for his part, by Bottommarie, called Faenus nauticum.

Of Bottommarie.The Master of a ship hath no power to take vp money by Bottommarie in places where his owner or owners dwell, vnlesse it were for so much only as his part commeth vnto in the said ship, otherwise his owne goods, and not the ship is to answere the same.

But when a Master is out of his countrie, and where he hath no Owners, nor any goods of theirs, nor of his owne, and cannot finde means to take vp by exchange, or otherwise, and that for want of money the voyage might be ouerthrown; then may he take mony vpon Bottommarie, and all the Owners are liable thereunto, otherwise he shall beare the losse.

Of Admiralty.When ships do enter into Admiraltie one with another, whosoeuer breaketh the Admiraltie is bound to answer the damage which shall happen thereby: If he haue it not in money, he shall make satisfaction by all other meanes.

If a ship at sea be in daunger, so as goods must be throwne ouerboord,Of goods cast, or Aueridge. these cast goods are to be answered by ship and goods, as an Aueridge, wherein the Owners and goods on boord pay all pro rata.

If a Master cut his Masts or Sailes by stormie weather, the Merchant is to beare part of the losse; but not if the Mast do breake, or the Sailes be blowne ouer-boord.

The rating of the goods lost, and to be cast into an Aueridge, is to be reckoned vpon the ship, as the same may be valued to be worth, and that for so much as he must take the same, if the Merchants will [Page] suffer it, and the like to be done in the appraisement of goods, and the ships fraight.

When Merchants goods are taken at the seas, some of one man, some of another mans; euerie one is to beare his owne losse, vnlesse it were otherwise agreed before the setting forth of the ship.

If a ship breake on the seas, or be cast away,Of shipwreck, and goods found at the seas. wherby it cannot make his voyage, then there is but halfe fraight due for the goods saued.

When a ship receiueth damage vpon the sea, by the Maisters negligence, and bringeth neuerthelesse the Merchants goods home, the Master is to haue his full fraight: but for the goods which he bringeth not, there is no fraight due; and if any be damnified, he is to make good the damage.

If any man find any ship-wrecke goods vpon the coast, or in the seas, driuing neere the ship, and fisheth vp the same, he is to answere the same to the next Magistrate, or iurisdiction thereunto adioyning, be it towne or countrie, and the finder shall haue for his labour and paines the twentieth part. But if it be stolne goods vpon the seas, then he is to haue ¼ part.

When there is shipwrecke apparant to be on the seas, the Master is to see the persons to be landed first, then to saue the goods, tackle, apparrel and all the furniture; and of that which is saued, consideration for it is to be made by the arbitrement of honest men.

If so much be saued of the ships furniture as the fraight commeth vnto, then are full wages to be paied to the Mariners.

When two ships at sea cannot shunne one another, and both sustaine damage, vpon proofe made by oath not to be wilfully done,Of other damages at the seas. it is ended.

If a ship vnder saile do run vpon another ship at anchor, and sinke the same, or commit other damage, the partie offending shall pay for all, and the ship shall also be liable thereunto, according to indifferent iudgement.

If by storme a ship breake loose and run vpon another, and indamage the same, the losse to be repaired as aforesaid.

If a ship receiue damage by the anchor of another ship hauing his boy, the same is to pay the damage; and if both ships be in fault, then the same to be borne proportionably.

When a ship is safely arriued to his place of discharge, the Mariners are to be diligent to looke to their discharge,Of discharging of ships, and deliuering of goods. vpon paine of halfe wages.

No Master shall sell any of the ships victuals, vnlesse it were to preuent some losse, and so bring the money to account, or vpon necessitie of others to helpe them in distresse; and the remaining victuals he is to deliuer to the Owners, and the Mariners shall take no part thereof after discharge, and the Purser of the ship is to looke to the safe keeping of it.

The Mariners are not to cast the ballast into the water, but to cause the same to be carried to the appointed place.

[Page] Of the Masters reckoning, and of the lading, &c.The Master is to deliuer instantly (vpon his discharge) a true account, &c.

The portage of Mariners shall not bee allowed for Spaine nor France, &c. but when they are laden with salt, then they may haue it homewards.

Of wagesextraordinarie.The mariners deseruing well, are to haue certaine extraordinarie wages, and in all accidents and sicknesse to be prouided for; all which is agreeable to the sea lawes before declared.

CHAP. XXXIIII. Of Nauigation and Communitie of the Seas.

TRafficke and Commerce (without Nauigation) would be of small moment: therefore euen as God the Author and Creator of all things, hath made of the waters and earth on perfect globe, for their more mutuall seruice to mans vse; so hath he also distributed his seueral and distinct Blessings to diuers Climats, to the end that (by supplying the barrennesse of some things in one countrie, with the superfluities and fruitfulnesse of other countries) there might be a communication and entercourse betweene all nations, by way of Traffick and Commutation of things interchangeably, whetby one Common-weale should liue with another; so that Trafficke betweene all people (hauing peace one with another) is free. And according to the common right of mankind,The law of Nations. [...]ure Gentium, the Nauigation through all the world, is no lesse free and open to euerie one, than the vse of the ayre. God hauing so disposed of the foure Eliments, two to swim aboue mans head; and two to lie vnder his feet, the Earth and the Water. Hence it proceedeth, that passage both vpon land and sea through all Christian regions, is and hath beene so indifferently permitted to all persons of all nations, euen to Turkes, Iewes, Barbarians, and Pagans (not being professed enemies) much lesse to be restrained therefore of Christians in all respects, both by land and vpon the seas, vnderstanding the great maine Ocean seas, which cannot be hindered but by the right of wars.

This excellent art of Nauigation is now so much practised and knowne, that the voyages heretofore performed by sir Francis Drake knight, and after him by master Candish, sayling round about the globe of the earth in lesse than three yeres time, is become no matter of admiration; and may be done in far shorter time, as dayly experience doth proue.

Maruellous is that naturall propertie of the Magnes, called the [Page] Loadstone, or Adamant stone,Of the variation of the Compasse. whereby the needle of the Compasse being touched, immediately turneth to some one certaine point of the heauens, and after sundry motions hither and thither, findeth rest onely in one place and point. And albeit this point in seuerall Horizons be different, yet in any one Horizon it remaineth permanent; and therefore it plainely appeareth, that the same proceedeth of some constant permanent cause naturall, and not of any vncertaine cause accidentall; but what this cause should bee, is hitherto vnknowne. The most probable and best allowed, is the point Attractiue, which should be of such vertue as to draw the needle touched, alwayes towards the same point; affirming that there is a great rocke of Magnes stone, distant from the Pole certaine grades. I haue of late yeares seene a Magnes stone (which the partie said to haue had from a rocke in Sweathland) which weighed not much more than one pound, and such was the Attractiue power of it, that thereby an Anchor of thirtie pound weight was drawne vp, as my selfe and diuers others haue made triall of; howsoeuer, this Mathematicall reason following, is worthy the consideration of a good iudgement.

As the Axis of the earth, notwithstanding all other motions, remaineth (as it were) immoueable; and yet in respect of the Sphericall forme of the earth in euery seuerall Horizon maketh a line Meridionall, by reason of the Section made in the superficies of the Horizons, by Meridians, hauing all that Axis as their common Diameter: So may it also come to passe of the line of the needle, and his variation, the needle being alwaies permanent in one plaine superficies, according to the seuerall Section of the plaine wherein it resteth, and the Horizon there may continually bee made, in euerie plaine new variations: For a fimile, as in a paire of ballance of equal weight, there is a certaine motion too and fro, before they find their true place of rest (the same being onely in the leuell of the Horizon) which commeth to passe by the Attractiue Center of the earth; who drawing vnto him either weight with like fo [...]ce, finding the substance like also, compelleth them to rest in the superficies, like distant from that Attractiue Center: so in the needle, being a bodie indued with two seuerall properties, the one of Grauitie, and the other of Leuitie, which being equally peized, forceth him to abide in the Horizon; the other being Magneticall and receiued by the touch, causeth him to rest alway in that one Meridian to the Magnes appropriate, it thereby commeth to passe, that after sundrie ballancing this way and that way, it onely settleth in the common Section of this peculiar Meridian and Horizon. So that euen as in Dialls, the line of the stile onely accordeth and concurreth with the Meridian line, in such as are void of declination (but in all such plaines as are declinatorie, the line of the Stile varieth from the Meridian line, and the same Angle of variation also altereth as well in respect of inclination as declination) so it may be supposed this variation of the Compasse to be nothing else but the Angle comprehended betweene [Page] the Meridian line, and the common Section of the Magneticall Meridian to the Horizon, in the Horizonceall plaine; and this Angle to bee alwayes exactly equall to the Angle contained of the Meridian line, and line of the Stile, the Longitude of the place proponed, accounted from the Magneticall Meridian, being equall to the declination of the Dialls plaine superficies, making computation from South to East circularly, and the Latitude of the place equall to the complement of the inclination of the same superficies Horologicall, wherein euery man at his pleasure may iudge with vnderstanding, if hee haue tasted but of the first principles of the Mathematikes or Cosmography. And hauing made mention of the Attractiue Center, I call to memorie a conference, which in the yeare 1606 (being in Yorkeshire about the Allome Mines, and certaine Lead Mines in Richmondshire) passed betweene the Archbishop of Yorke Doctor Matthew, and my selfe, in presence of Ralph Lord Eure, with whom I went to Yorke to congratulate the said Archbishop newly come to that See, which was concerning the Center of the earth, which hee said was vnknowne vnto him what to coniecture of it; whereupon we entred into a large discourse, insomuch that from the lowest Center, wee did clime and ascend to the highest Climate by imaginarie conceits (for so is all the studie of the Circle of the Zodiacke,Experience of former ages, doth confirme this imaginary Circle of the Zodiacke. and the appropriation of the twelue Signes therein:) and after many reasons of the earths stabilitie, against the Pithagorians and Copernicus doctrine of Mobilitie (that is to say, Whether the Heauens moue, and the earth resteth immoueable, or the earth moue, and the great Orbe of Stars be permanent mentioned before) we did find all this to be imaginarie, and in that consideration and imagination wee did discend to the lower Center againe; and thereupon conclude, That whereas the Center is taken to be as a point of a great Circle, and so all weightie things falling thereunto, it may as well be a great Circle whereupon all other Orbes runne in circumference circularly: Seeing that the earth and waters together make the perfect Globe as aforesaid, and all weightie things may bee inclining to that Circle. But this matter being not concerning Nauigation, let vs returne againe to our obseruations, That the maine Ocean Seas are common to all Nations as the passages are on the Land, to bee nauigated for trafficke and commerce, yet no one man can trafficke with any Nation without their consent.

Concerning the Art of Nauigation, Mariners haue one great imperfection, that is, the want of exact rules to know the Longitude, or Arkes Itinerall, East and West, without the which they can neither truely giue the place or scituation of any Coast, Harbour, Rode or towne; nor in sayling discerne how the place they sayle vnto beareth from them, or how farre it is distant: whereby they are inforced long before they come to any Coast, all night to strike sayle, not otherwayes than if they were vpon it, thereby losing the benefit of prosperous windes, in sch sort sometimes, that whereas keeping a true [Page] course, they might haue beene quietly at road, they are by contrarie and aduerse tempests carried farre off, and so not without great charge to the Owner, paine to the Companie, and perill to their Ship are enforced to waste their time; which of late yeares by some new Chartes and Instruments is in some part amended, albeit the said Chartes are still described with straight Meridian lines running equidistant or parallel, which is erronious: and they suppose that running vpon any of their points of the Compasse, they should passe in the circumference of a great Circle, and therefore in the plaine Cardes describe those windes with straight lines, which is another abuse. For the Ship steming the North and the South, onely maketh her course in a great Circle East or West shee describeth a parallel, and being stirred on any other meane point shee delineateth in her course a Curue or Helicall line, neither straight nor circular, but mixt of both: which supposition being well obserued, betweene two different Angles of variation,A very rare obseruation respecting the Latitude. and conferred with some such third Angle of a Curue line, euery degrees sayling or thereabouts, will shorten their course of sayling, that (with like wind and weather) they shall performe that in twentie foure houres, wherein they spend aboue three or foure dayes, and many times the voyage is thereby lost and ouerthrowne. As I made Sir Francis Drake Knight to take notice of, in the yeare 1587, and after that more sensibly to Sir Walter Rawleigh Knight.

CHAP. XXXV. Of the distinct Dominions of the Seas.

PLato the Philosopher, perceiuing that Equalitie would be the cause that euerie man should haue enough, was of opinion, and willed all things in a Common-wealth to bee common; whom Sir Thomas Moore in his Vtopian Commonweale seemeth to imitate, to the end that an infinite number of Lawes alreadie made, and the making of so many new Lawes as daily are made might be abolished: whereas all of them are not sufficient for euery man to inioy, defend and know from another mans, that which hee calleth his owne proper and priuate goods. But finding afterwards that this Equalitie could not bee established, and that many [Page] other inconueniences should arise thereby, he did wisely reuoke the same in his second Common-wealth.Renuntiation of goods in common. For the same was neuer vsed in any age, nor by the Word of God commanded, when from the beginning he willed man to subdue the earth and rule ouer the fish. Gen. 1.28. And againe after the Flood, willing man to replenish the earth, and for the better performance thereof scattering Mankind at the building of the Towre of Babel, ouer all the face of the earth, diuiding the Isles of the Nations into their seuerall Lands, God being the Author of Nature, as also of the diuision: Insomuch that when Mankind was propagated to an infinite number of creatures, and things vpon the earth not sufficient for their sustenance, then of necessitie followed the vse of Trading vpon the Seas, both for Fishing and Negotiation; which could not be done if all things had beene common, neither on Land, nor vpon the Seas, which thereupon became diuisible, in places of fishing, but not in the maine great Seas, which is common to all Nations (Iure gentium) as in the precedent Chapter is declared; not that the words intend any Law set downe by common consent of all Nations, but onely denoteth vnto vs the example or custome of other Nations in sayling and trafficking ouer the Seas, with commodities reared vpon the Land and by the Seas ioyning thereunto, and not in the maine Ocean Seas where no fishing can be vsed: whereby the properties of both Lands and Seas are distinguished by the said Law of Nations, agreeable in this particular with the Law of God: For the Moral Law prohibiting theft and the coueting of other mens goods,By Diuine Law. doth declare the said propertie. And the Ceremoniall Law, willing euery man to make sacrifices of his owne, doth confirme the same.

The meanes which God hath appointed, to make this distinction of the Dominions vpon the Seas, are as certaine as the mensuration of the Land whereunto 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' i [...]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 i [...] 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 [Page] 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 Commonweales, 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 subdu [...]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, [Page] 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. Malmesbu [...]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 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 E [...]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 [Page] the seuenth, as may appeare by their Proclamations, Treaties,Chro Holl [...]ngshed. and Contracts not onely with the French, but with the Archdukes of Burgondie, as by Guicchardins Chronicle,Chr. Froiszart. Guicc [...]ar [...]in and the said Treatise. or Historicall description of the Low-countries appeareth. And as Docter Dee 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 [Page] 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 appert [...]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 [Page] 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 [Page] 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.

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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 Commonweales, 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 same with the charges vpon commodities, to the price whereat the said commodities were bought, as well in his natiue countrie, as in other countries where hee doth trafficke and trade.

In Russia, Denmarke and Sweathen,Rigorous dealing for Customes. the Custome and Ordinances is; if a Merchant doe not declare all his commodities, which he importeth or exporteth, but concealeth some part of them; all the commodities of that kind, are forfeited to the Prince, and hee shall find but small fauour to redeeme them.

In Spaine, and other Dominions of the King of Spaine, the commodities concealed, are onely forfeited, vnlesse they bee prohibited and vnlawfull goods.

In England, Scotland, and Ireland is the like, and onely the goods concealed are forfeited, and may be had againe vpon reasonable composition; for the Statute Law giueth authoritie to the Officer who maketh the seizure, that vpon licence sued forth to compound, hee may doe it safely for his part, which is the one moitie; and for the other moity which is the Kings, Merchants are graciously dealt wichall, by the Iudges or Barons of the Kings Exchequer,Abuse of fauourable dealings. or others thereunto authorised: Insomuch that it hath happened that some Merchants [Page] relying vpon this fauourable dealing, haue aduentured to expose their commodities vnto the forfeiture thereof, being commodities which pay much Custome and Imposition: as Cambrickes, Lawnes, Tabacco, Cutcheneale, Venice gold Threed, and other things, because they were (in a manner) assured to make composition vnder the summe which they were to pay for Custome and Imposition.

In France and Germany is the like for concealed commodities, which are not declared in the Custome-house; and Iewels, and precious Stones, and Pearles are freed of Custome. And so was it in England, vntill of late yeares, since the Customes were taken to farme, and yet they pay but three pro cent. of the value of their appraisement,Strict orders for Customes at London, &c. to bee rated by the Officers of the Custome-house at London. But if any Merchant or Ieweller bring ouer any Iewells or precious Stones and Pearles, he is to declare them to the Officers or Waiters of the place where hee landeth, otherwise they will bee seized (by water or land) as forfeited to the King; wherein more strict dealing hath beene vsed of late, since the King hath letten to farme his moitie of the Seizures. So that first of all the Custome of concealed goods must be payed, before any composition bee made, next the composition being made, then may the Informer bee agreed withall. And no commodities can bee deliuered vpon securitie to the owner, as formerly by the Law was accustomed to be done; but they must remaine in some sufficient custodie vntill the matter bee tried by Law, or compounded by agreement. But prohibited commodities (as Allome and other things) by Letters Patents and Proclamation, the possession may be had, vpon securitie to bee giuen to answere the value thereof, according to the appraisement made of them. And these commodities (if the Master of the ship doe not declare them, vpon his entrie made in the Custome-house, vpon his oath) are also subiect to the forfeiture, although they come consigned vnto a Merchant or Factor vnawares, by another Merchant that knew not that such commodities were prohibited to bee imported. The like is it for a Merchant shipping out vnlawfull wares: but heerein hee may haue intelligence by the Customer, before hee doe lay them vpon the water to bee shipped. Againe, if a Merchant carrie money by water downe to Grauesend, with an intention to bestow the same in Bayes at Sandwich, or in other commodities at Canturburie: hee is first to declare the same in the Searchers Office, or else the money is lost, and three times the value, vpon information. For no money of Gold or Siluer, or any forrein Coyne or Plate brought into the Kingdome, can be transported; only for Passengers expences, some foure or fiue pounds may be carried out. But for commodities brought in, which haue payed Custome, the same may bee shipped out againe by Cocket, without paying any more Custome and Imposition; so it bee done vpon good Certificate, that it is the same commoditie, and that the propertie [Page] thereof is not altered; and this must be done within sixe moneths after their importation.

All Merchants ships being laden,Permitted to breake bulke at Tilburie-hope. haue alwaies (time out of mind) beene permitted to breake bulke below, or at Tilburie-Hope, and to pay no Custome, but for the goods they brought vp, or landed in England, and not for the goods which they did transport in the said ship, or in any other vessell or ship: which priuiledge and certainetie of Merchants Custome ought to be seriously obserued, better than it hath beene of late. And of this and other obseruations Merchants and Factors are to giue notice to their friends and Masters, to the end they do not incur any danger,To enter goods vpon sight. which (to auoid in some sort) is effected by entring the goods vpon sight of the Customers view, by opening of them.

In Barbarie and other places, where the Customes are paied in kind or Species, if any part bee concealed and not entered, that onely will be forfeited; and yet the losse is greater, because they will make choice of the best: as for example, Suppose a Merchant doth enter diuers sorts of Linnen-cloth, and concealeth some pieces, the Officers will take both the tenth piece for the Custome, and all the concealed pieces of the best and finest sorts, to your exceeding great losse.

In the Low-countries and Germanie, as also in most places of Italie and Turkie, you shall onely forfeit the goods concealed, and bee permitted to compound for them as you can agree, wherein the circumstances in some places will be considered, and the manner how the error grew, or whether it were done with a set purpose.

There are also in diuerse places allowances made (as in England) vpon Wines in regarde of lecage of tenne or fifteene vpon the hundreth, or else all the Buts and Pipes are to be filled vp,Allowances made vpon Customes and Impositions. and so to pay accordingly; wherein the time of the voyage, foule weather, and other accidents are to be considered, to make your composition thereafter.

Vpon Clothes to be shipped out,Allowance vpon Clothes. there is allowance made of the tenth Cloth for a wrapper, which payeth no Custome: and so of all other woollen Commodities, which pay after the rate; as three Northeren Kersies for a Cloth, foure Deuonshire Kersies, two single Dozens, one double Dozen, six Cardinals, Pinwhites, Statutes, Stockbridges, Straites, and Tauistockes, foure Cornish Dozens, Pennystones vnfriezed, Island Dozens, and Northeren Plaines for one Cloth; two Bridgewaters, Cornish and Deuonshire double Dozens, Florentines, Northren Dozens single, and pennystones for a Cloth, to be vnderstood for a short Cloth coloured or white of twentie and foure yards long, waighing 60 ll vntill 64 ll, whereof English Custome was a Noble, and the Merchant Straunger thirteene shillings and foure pence, whereunto is added the auncient Custome heretofore paied by the Merchants of the Steele-yard or Haunce-townes being 14 pence, so [Page] together 14 ss 6 d a Cloth, besides the ouerlength of 3 d ¼ the yard;The pretermitted Custome of Cloth. which is of late comprised in the new Imposition of the pretermitted Custome for waighing of Clothes, at two pence the pound, so that a short Cloth paied in times past a noble, and now tenne shillings, besides the ouer-length, according to the weight, after the said rate of two pence for the pound: all which the Merchant stranger payeth double.

Also whereas of late yeares, since the Customes were letten to farme, all Commodities, as Sugars, Spices, Raisons of the sunne, and others are weighed, and thereupon the Tarra for the Caske or Chest is to bee allowed,Allowance for Tarra or Cask. and so the Custome is payed. There ought good allowance to be made for the said Tarra, because many commodities being vnladed, and hauing taken the moisture of the seas, increaseth the weight of their Caske; so that Merchants pay many times Custome for that which they haue not, by the strict dealing of Officers contrarie to equitie and justice, if they doe not warily looke to their affaires, wherein the Officers may also be excused.

Now to conclude touching Customes, we must consider what they may amount vnto vpon the hundreth: according to which, Merchants are to cast vp their accounts for benefit and losse, as aforesaid.

Custome.The Custome in England (called Parva Custuma) was three pence vpon euerie pound, that the commodities are rated in the Custome Booke, which is paid by Merchants strangers, now altered paying 6 d.

Subsidie.The Subsidie or Poundage is payed by all Merchants of what nation so euer, which is 12 d vpon all commodities brought in. And for Cloth exported 6 ss 8 d for English Merchants, and Merchants strangers double.

Imposition.The new Imposition established in the yeare 1608 is also 12 d vpon all commodities imported, and vpon some commodities exported is limited; so that Custome and Subsidie in England is 12 ½ vpon the 100 for Merchants strangers: besides but leridge or scauage, almost one pro cent. more for goods inward; and for English Merchants is ten vpon the hundreth.

Impost.The Impost of Wines is limited vpon the Butt, Pipe, or Hogshed, as by the Booke of rates, with the Composition money, and other dueties.

In Spaine and Portugall they take after diuers rates for commodities, some [...]/10 or [...]/ [...] and twentie fiue vpon the hundreth, esteemed to be one with another vn quinto or [...]/ [...] part, or 20 pro cent. with the Alcaualla, taken for Brokeridge to sell them. In Barbarie seuen pro cent. Alcaualla. aboord.

The Turke taketh ⅕ part, as the Aegyptians. The Venetians take 3, 5, 7, and 10 vpon the hundreth with great aduisement, and vpon the Manufactures of other nations 14, 15, and more. And the like is done in France to aduance the handie crafts man.

[Page]The Great Imposts demanded in the yere 1604 by Philip the third King of Spaine (of 30 vpon the 100) of French, English,Great Imposts and Flanders commodities, was soone abolished, when the French king Henry the 4 did the like; for one extreame enforcing another is of small continuance.

CHAP. XXXVII. Of Merchants Wagers, Stipulations, or Conuentions.

FOr as much as diuers Ciuilians haue intreated of this arguments of Merchants Wagers, and made some Treatises de Sponsionibus, wherevnder matter of Assurances is comprised: it may not be thought impertinent to handle this subiect briefly and diuidedly from Merchants Assurances, alreadie declared in his proper place.

The said Ciuilians do distinguish these Wagers or Sponsiones to be threefold.

1 Where a Wager is laied with a pawne in the hands of a third person.

2 Where (by way of Stipulation) some thing is giuen vpon a Wager.

3 Where a thing deliuered or by a couenant made with another person, the same is promised to be restored, and double, treble, and ten times the value thereof vnto the partie with whom the Wager is made, if the matter in question or doubt do not take effect; whereof many examples may be giuen and declared, namely,

The Great Wager betweene Cleopatra Queene of Aegypt,Examples of Wagers. and Marc Anthonie, for the great expences of a supper, by dissoluing the Paragon Pearle, and drinking the same, as Plinie reporteth, when Lucius Plancus was made judge of that Wager, and pronounced that Anthonie had lost.

That of Cecinna, whereof Cicero maketh mention for the recouerie of his grounds taken from him in hostile maner by Eubusius, and restored againe.

That such a Cardinall shall be elected to be Pope, That such a King is dead, and such a town is taken: in all which, the Wager is made by Pawne, Stipulation, or Conuention, as aforesaid; and hereof are innumerable examples.

Hereupon they conclude, That all Wagers laid must be for honest [Page] causes, and as it were striuing for vertuous actions; and that these by the law are to bee maintained in the performance of the Wager, wherein custome is the best interpreter,Custome the best interpreter of Law. euen in the point of law, which is considerable in all cases by the long obseruation of them.

A Wager being laid, that the Pope of Rome, or the Emperor, or any other great personage shall die within the yeare,Lawfull Wagers and vnlawfull. is good in law: but to lay Wagers, as desirous or wishing some vnexpected euill or aduerse fortune vnto an honest man, or although it were to an enemie, is neither ciuile nor naturall in the vnderstanding of well disposed men.

A Wager laied vpon the death of a priuate person, is disallowed; but not for the contracting of any supposed or expected marriage, which is lawfull.

All Wagers laied in lawfull games are allowable; but in prohibited games cannot be recouered by the Ciuile law. So Wagers made by lookers on vpon other mens games are disallowed, which is the cause that Stipulations are made, putting the pawne or money downe, which is called, to stake downe: and if it be vpon an vnlawfull game, then the lookers on are subiect to punishment, as well as the gamesters.

A Wager laid who shall eate or drinke most, is vnlawfull.

If a Gamester or a Merchant playing, receiue twentie and promise to giue fiftie for it the next day playing, the Conuention is good.

A Merchant laying a Wager to giue tenne for one if such a ship arriue within a limited time, within such a Port or Hauen, is good in law.

A Wager is laied vpon the arriuall of a ship in the port of Lixborne, and a certaine summe of money promised thereupon: it falleth out, that the said ship is a Galeon; so deniall is made to pay the money. The Law did determine the money should be paied, because the word Ship is a generall name, although it be called by diuers names, As a Notarie is called a Tabellion, Scriuenor, or a publike seruant.

A Wager vpon a sonne or a daughter to be borne, is good in law; and if it be a Hermophrodite of both sexes, then iudgement is giuen according as the naturall inclination shal be found to be more masculine or feminine.

Ambiguitie, or Equiuocation in Wagers.And in all Wagers wherein ambiguitie or equiuocation doth happen, there must be a naturall moderation in the construction of them; for an euill custome loseth her name, and becommeth vsurpation, as is before declared.

If any man by the inducement or fraud of a third person lay a Wager that such a woman shall be deliuered of a sonne, when she was alreadie deliuered, the Wager is not to be allowed, and if the Midwiues are partakers herein, they are to be punished, and incur Crimen Stellionatus.

If one lay a Wager to run with another, and afterwards doth refuse [Page] to runne, hee may be compelled thereunto, or the stake is lost; for hee committeth no deceit, which preuenteth a fraud. The captation or aduantage taken vpon words ought therefore to be excluded, and wagers are to be made in plaine termes, and to be construed accordingly; Fallere fallentem, non est fraus.

Wagers between Merchants are many times more done for sport and recreation than for gaine: for ouer great wagers are against good manners, and may concerne a Merchant much in reputation and credit, more than the playing for great summes of money, which many times Merchants doe vse, with the obseruation of a conuenient time, and as the Prouerbe is, With good fortune, otherwise the end of it is dangerous; for as nature produced all things in due time, so is moderation required in all actions.

CHAP. XXXVIII. Of Merchants Markes set vpon Commodities.

THe marking of Merchants commodities, either packt vp in Bundels, Trusses, Cases, Coffers or Packes, is of great importance; for not onely by the Custome of Merchants, but also by the Ciuile Law, the propertie of the goods and merchandises is adiudged to him, by whose marke they are marked or sealed. It is dangerous therefore to vse another mans marke, as many times Merchants doe in time of warre, when they lend their names and markes for the preseruation of their goods, betweene two or more contending Princes, both by Sea and Land.

Euery Merchant is to set downe his marke vpon his Bookes of account, wherewith his commodities are marked.Merchants markes to be set vpon their bookes of accounts. And in like manner, If a Company or Societie of Merchants doe agree vpon a marke, the same is to bee set vpon the Bookes of that Societie: and if that Company doe dissolue, the said marke may remaine with the most ancient of that partnership, by the Custome of Merchants; whereof the Ciuile Law and the Law of Admiraltie taketh notice in their judicature, and especially the Merchants Courts of Consulate. And if the marke of one of the partenership bee vsed for all, the same vpon dissolution of that partenership is to returne to the said partie; and no man is to vse another Merchants marke, [Page] without especiall leaue had and obtained of the partie whose marke it is. For euen as Merchants doe saile betweene the two dangerous rockes of Scylla and Charibdis in their course of trafficke, when Princes are at variance: So is the danger to vse another Merchants marke without leaue; because the partie owner of the said marke is to defend the said goods, if they bee taken, or to countenance the persuers of the sute in Law for them,Danger to vse another mans marke, &c. as farre as they in reason may require, otherwise the said goods may bee lost as soone as taken. For as Ships are knowne by their Flags, and so taken to bee at the Seas; so are Merchants goods marked with another mans marke, to bee that mans goods, although it were not, and will bee so adiudged in the Courts of any Admirall of the Seas; experience hath prooued the same by two notable examples, worthy the obseruation.

In the yeare 1586 or thereabouts, Robert Lord Dudley Earle of Leicester was an Aduenturer for Barbary, where hee sent some commodities by way of commerce, vnto a certaine Factor (that did deale for diuers other Merchants) there to be sold for his account, and to make returne vnto him of the prouenue thereof in Sugar and other commodities. The Factor hauing sold some of the said goods (considering the number of men of warre, which were then at the Seas, and the greatnesse of the said Earle) thought good, that all the Chests of Sugar and other commodities which he sent home to all his Masters in a certaine ship,The Beare and Ragged staffe. should bee marked with the Earle of Leicesters marke, albeit the least part did appertaine vnto him; the rather for that the most part of his goods were yet vnsold in Barbarie. The ship arriuing within the Riuer of Thames, no sooner were the Letters deliuered, but the Earle laid claime to all the said goods, pretending the same to be his because of his marke: hereupon the Ciuilians were of his side for the point of Law, and the Merchants were compelled to make their best compositions with him, as they could agree; and the Earle lost nothing thereby howsoeuer they sped.

In the yeare 1597 one Iohn de Bassadonna, the sonne of one of the Magnificoes of Venice, then resident in London, had a certaine ship which was fraighted for Lixborne, and so to goe for Venice, according as the Master thereof was bound by a Charterpartie of fraightment, and in both places to take in all such commodities and merchandises as the Merchant should lade or cause the said ship to be laden withal, and to be discharged at Venice with the vsuall conditions of Sea-lawes.The Venetian Flag. This ship bearing the Venetian Flag of the Lyon of S.Marke, was well receiued and welcome at Lixborn, and euery man was willing to lade therein his goods for Venice: neuerthelesse some Portugalls considering the dangerous times of warre, did borrow the name of Italians and their markes also, and caused their goods to bee laden as appertaining to the said Italians, and made the Bills of lading and their Letters accordingly; other Portugals were not so prouident, [Page] but did lade their goods in their owne names: whereupon the Master of the ship (being sure of the one, and suspicious of the other) resolued to come (with all the said goods) first for England, to take aduice whether this were a lawfull prize or not, and being arriued at Plimmouth, sent vp to know the Lords of the Councell their pleasure. So the matter came in question with the said Bassadonna, and was referred to the Iudge of the Admiraltie, and diuers Ciuilians, where the matter of the Flag was much respected in regard of the Seignorie of Venice, as matter of State; and the principall goods laden and marked in the name of Italians, were adiudged cleere by the Law. But the other goods laden and marked with their owne markes, were taken for good prize. So that it behooueth all Merchants to be carefull what marke they vse, &c.

CHAP. XXXIX. Of the Buying and Selling of Commodities by Brokers, and by the Candle.

IT is an old Prouerbe, and very true, that betweene What will you buy? and what will you sell? there is twentie in the hundreth differing in the price: which is the cause that all Nations doe more affect to sell their commodities with reputation by meanes of Brokers, than we doe; for that which seemeth to be gotten thereby, is more than double lost another way. Besides, that by that course many differences are preuented, which might arise betweene man and man, in their Bargaines or Verball contracts: for the testimony of a sworne Broker and his booke together, is sufficient to end the same. And moreouer it is many times a cause that Factors and Seruants deale more faithfully for their Masters in buying or selling of all commodities, or in monyes by exchange, knowing their euidence is extant against them. Therefore no Broker should be admitted vnlesse hee were sworne, and vpon Affidauit or Certificate made by some principall Merchants, of his sufficiencie and behauiour, and to put sureties for his true and good demeanour amongst Merchants, according to the Custome of London. For albeit that the common saying is, That a craftie Merchant needeth no Broker: yet it may much concerne the Common-wealth, when too much [Page] hunting after forraine commodities may increase the price of them, and offering our home commodities to sale,Bills of Entries in the Custome-house. may bee an occasion of vnderselling them to the generall losse comparatiuely considered, wherein (I thinke) the Billes of Entries made so generally common, by the copies deliuered to shopkeepers and others, are to be regarded. For no sooner are the goods entred in the Custome-bookes, but the copie of it is deliuered abroad for euerie man to runne vpon them.

The Venetians therefore haue an Office, called Messacaria, consisting only of Brokers, which deale betweene man and man aduisedly; and in Spaine they are of such estimation, that they ride on horse-backe vpon their foot-clothes, and hauing the Inuoyces of Merchants goods, they will deale for great matters at a time, against the lading of the Fleet for Noua Espagna and the Islands of the West-Indies, to be payed partly readie money, and partly at the returne of the said Fleet; and then afterwardes let you vnderstand their Merchant: and many times they are of that meanes and credit, that for a small matter they will be bound to make the debts good, if the Merchant should faile, whereupon (as the Custome is to haue one vpon the hundreth) they will condition but double Brocadge, or lesse. Our Brokers of London take but two pence vpon the pound (which is lesse then one ꝑ cent.) for the sale of commodities, and to hinder one another they will take lesse; which amongst Merchants beyond the Seas, is taken to be a disorder, for they are inclined to make the Brokers good gainers. The like is done in the Faires of Frankford, where many Brokers doe resort twice in the yeare, and they keepe account of all the bargaines that they make betwene the forraine Merchants, that come thither to make their payments most by rescounter and assignation, after the manner of Bankers: For the commodities sold in one Mart, are commonly payable the next Mart, being betweene fiue and sixe moneths time one after another; wherein these Brokers are very necessarie members and instruments also to transferre Merchants Bills Obligatorie for other commodities, or to make payments thereby. The duties of the Alcaualla in Spaine, are taken vpon that consideration.

Selling by the Candle.The selling of commodities by the Candle, is an ancient Custome beyond the Seas, only for such goods, rents vpon houses or lands, or the houses also which require a suddaine sale, after they haue beene one yeare and one day denounced by publication that they are to bee sold; to the end that if any man will lay any claime thereunto, they may come in within that time. And these sales are made vpon Fridayes in accustomed places by publike authoritie, for the better warrant of the Buyer, the manner of it is thus: There is a waxen Candle or a piece of it, set vp lighted in some place easie to be seene, and the standers by are required to make an offer for such goods, or such a house; which being made, another will offer more, as they doe in outcryes, hauing still a regard to the burning Candle: declaration is made how the payment must bee, so that hee who maketh the last [Page] offer (vpon the going out of the Candle) hath the bargaine. If it doe fall o [...]t, that there is confusion of voyces of the offers made, whereby it cannot bee discerned who made the last offer, and the standers by do differ in their iudgement of it, then the Candle is set vp againe by those that are in authoritie, and in like manner it is determined accordingly.

The Merchants of the East-India companie do imitate the same, and after publike notice giuen in writing vpon the Royall Exchange in London, That such a day, such and such commodities will be sold at such a place, Merchants and others (knowing the great parcels of Pepper, Indico, and other commodities of Silkes, Calicoes, and such like) will ioyne together to buy the same in seuerall companies, and so buy the same by the Candle, as aforesaid, although it were a parcell of one hundreth thousand pounds. The time for the payments is foure times six moneths, which is fifteene moneths in one payment, according to which (if you will pay all or part of it in readie money by way of Anticipation) you shall haue vse allowed you accordingly, after the rate of ten vpon the hundreth. But their good orders require a more larger declaration.

CHAP. XL. Of buying of commodities by Condition, termed Capiticus, and of selling things vpon Casualties.

THe buying of commodities vpon Condition is termed by the Ciuilians Capiticus, a capiendo, either to refuse or take vpon a penaltie; or sometimes vpon a casuall Condition. Which bargains are much vsed in the Low-countries, as also in France, especially at Roan and Calice, where my selfe haue made money of Corne and Salt: and this bargaining is most proper for such and the like commodities, the price whereof doth quickly rise or fall, and are also commodious when a mans money is not so readie, to buy much, and to make a great imployment with little money, which happeneth vpon some soden aduice many times vnexpected, whereupon men are verie hot either to buy or sell: which is much vsed in Flanders in buying of Herrings before they be catched, by (stelle gelt) as they call it, that [Page] is by a summe of money agreed vpon to be paied, if the partie doe repent himselfe of the bargaine, wherein he taketh a time of one moneth or two to be aduised according to the occasions and probabilities of the successe.

To disburse or offer fiftie pounds vpon fiftie Last of Herrings with six weekes respit vpon the condition after twentie pound were equal nineteene and twentie one, and without respit of time presently to say to be deliuered at three moneths, the fiftie Last at twenty pound amounteth to 1000 ll, you aduance the interest, warehouse-hire, charges, lackage, besides the commoditie that you haue bought with the money a bargaine of fiftie Last, when it would pay but 2 ½ Last, vpon condition to take or leaue.

One hundreth pounds deliuered out to pay the first yeare one pound, the second yeare two pounds, increasing euerie yeare one pound, amounteth in fifteene yeares to 128 pounds, in twentie yeares 210 ll, to the 20 adde one, multiplie with ½ of 1 to 20 is 10, and so of all other augmenting, be it of 1, 2, 6, 8, &c.

The Conditions are diuers: The certainetie of the money which you do aduenture to losse, being well considered of, may turne you to gain, especially in places bordering vpon the seas or riuers, to serue the In-land people, as Calice, Dunkerke, for Flanders, Henault, Arthois, and other prouinces. The like might be practised in many coast townes of England. But strangers are more addicted to make casuall bargaines for buying of commodities.

For selling of commodities vpon casualties, therein are we more frequent, especially of things not vendible at all times, to sell them payable vpon the returne of such a voyage from Venice, Turkie, or other places, or vpon the decease of such a man or woman, or at a marriage day, or the first, second, or third child, either male or female. In all which sellings, money and wares may be ioyned together. But in deliuering money with wares at interest, the contract is vsurious by the law. (*⁎*)

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CHAP. XLI. Of diuiding of Commodities by Lots.

ALl extreames being vicious, hath giuen me cause to write this exorbitant chapter, concerning the diuision by Lots, because there are men in this age so precise (by some called Puritanes) that they can be well contented to buy a commoditie in companie with their neighbours, when their owne meanes and credit cannot compasse the same; but afterwards to diuide those goods (by the Lot) between them, they are verie scrupulous, and hold it a prophane action, and they are (as they say) bound vnto it of necessitie, or else to take that which their partners do giue vnto them, and so let them cast the Lot amongst them, and what remaineth vpon equall diuision, they will rather accept of, than that any Lot should be cast for them: yet they will more fauour the Lot than the casting of the dice, or the measuring by strawes. To these weake stomakes thus troubled with a Nausea, I would not minister any Cordials, Electuaries, or Potions to rid them of that distemperate humour; but a plaine vomit is fittest, the Moone being in Aries or Capricorne, which must be thus preparéd.

As in Gods Church there neuer wanted true religion reuealed from God himselfe, so amongst heathen, and all nations, there neuer wanted meanes to acknowledge a soueraigne power; which caused them to deuise a certaine shadow of religion, by worshipping their imaginarie gods with a kind of diuine seruice: the contemplation and vse whereof, they did esteeme to be the highest degree of felicitie, or summum bonum, in so much that (euen in their blindnesse) they did attribute the successe of all things to proceed from aboue, vsing (for to attaine to the knowledge of the diuine pleasure) diuers means of Diuinations, Imprecations, Oracles, and casting of Lots, because they wanted the illumination of the most glorious and transparent Sunne of the word of God, whereby we are taught to obey the knowne will of God, and to reuerence (with admiration) his secret will not declared vnto vs.

Diuinations and imprecations being not accompanied with visible [Page] and sensible apparitions, caused all Oracles to be in greater veneration: as that of Dodona, where Iupiter answered, striking the Caldrons with a siluer wand: That of Iupiter Hammon in the confines of Aegypt: That of Delphos, where an old woman answered in Greeke verse: That of Latona, and that of Motenzuma in America, and others. All which ceased, when and where the Sunne beames of the word of God did disperce the mistie clouds of darknesse, and then all was abrogated, and onely the casting and drawing of Lots did remaine as a custome of great antiquitie amongst all nations, recorded not onely by prophane Historiographers, but also by diuine Prophets and Euangelists. To which purpose we may obserue two especial examples in the holie Scripture.

Ionas 1.7.The first is of Ionas the Prophet, who flying from the presence of God in a Ship sailing for Tarsis, was exposed to a verie great tempest at the seas, endangering the ship and mariners to be cast away at euerie moment; when it pleased God to manifest by the Lot drawne, or cast by the Master and Mariners, That Ionas was the cause of the said tempest.

Luke 23.24. Iohn 19 24. Psal. 22.19.The second is of the Lot cast by the Souldiers, vpon the garment or coat of our Sauiour Christ, according to the Prophesie of Dauid: allotting the same to some particular person, according to his good will and pleasure.

But least these men should obiect, That the aforesaid examples are actions of the Heathens, and but mentioned in the holy Scripture; we pray them to remember, That the children of Israel had no other meanes propounded vnto them, to obtaine victorie against their enemies, by remouing the offence of the interdict or forbidden goods,Ioshua 7.14. but the vse of casting the Lot, which fell vpon Achan, who had hid some of the forbidden goods, which were to be burned according to the commandement of God, who was pleased that Iosua should find out the man by Lot, and not by Reuelation.

Acts 1.26.The Apostles hauing appointed Barsabas and Matthias, and prayed the Lord to shew them, Whether of the two should succeed in the Ministerie of the Apostleship, from which Iudas by transgression fell, gaue forth their Lots (as the Scripture saith) and the Lot fell vpon Matthias.

Ioshua 14.2.What shall wee say of the Diuision and Partition of Lands and Goods, when the land of Canaan by Lot was diuided amongst the Israelites? And the like vse remaineth vntill this day amongst diuers nations. The saying of the Wise-man being true, That the Lot is cast;Prouerb. 16.33. & 1.14. & 18.18. but the successe thereof is according to the prouidence of God: which caused him to speake so often of Lots in his Prouerbes.

Plutarch.The Grecians did make election of their officers by the drawing of Lots, which they called Ostracisme; according to which the Venetians in their rare gouernment of Aristocracie, do at this day vse the like by their Ballotting; and so do the Russians in their gouernment [Page] of Monarchie: So to conclude, all Nations doe continue the vse of Drawing or Casting of Lots in all occasions. Wherefore, I hope, these precise men will bee hereafter more resolute to accept of their part (of Indico in Barrels, Sugar in Chests, and Pepper in Bags, marked and numbered according to the goodnes) by the Lot drawne or cast, and expect Gods blessings, according to the saying of the Wise-man, as aforesaid.

Forasmuch as in Italy and Germany, diuers commodities and manufactures are dispersed, distributed, and in a maner vented, by the meanes of Lottaries which are continually extant, in publike markets and other places; I cannot omit to speake hereof, as a matter appertaining to Merchants.

There are two manner of Lotaries, namely, Standing Lotaries, and Running Lotaries; the first limitted for a continuance of time to bee drawne at the end thereof, without intermission by day and night; the latter to bee drawne daily and at all conuenient houres, when the parties will put in their money, and haue the Lot drawne instantly. To which end in many places of Germany, there are publike Shops and Stales, where diuers sorts of manufactures are exposed to be sold, and to euery Lot there is a Prize appointed to answere the said Lot; whereby a man hath alwayes some thing for his money, and many times a Prize of good value. Being therein like vnto the Tree of Fortune,The Tree of Fortune. which is painted with blind Fortune sitting in the middle part of the Tree, and all manner of men, women, and children, standing or lying ouer the said Tree, doe receiue somewhat falling from it; to the one a purse full of money, to the other a halter; to the one a golden chaine, and to the other a cutting knife: and to be briefe, to some good, and to some other euill things, as is seene in all wordly affaires.

Standing Lotaries, are stately and magnificent, consisting of Siluer, Plate, Chaines of Gold, Iewells, Cabinets, Hangings, Pictures, and other precious and curious things, fit for honourable persons, and others of qualitie. Albeit all men are admitted to aduenture therein, which is the cause the Lots are commonly made of twelue pence or two shillings, the number whereof maketh a compleat Lotarie, fit to be drawne when the same is full, which must bee done by gathering in the money in continuance of a certaine time limitted, as aforesaid.

The Running Lotaries are of Plate, Chaines of Gold, and other things, whereof the price is (in a manner) certaine, as also of moneys: and for that they are instantly drawne, and men willing to know their present fortune (as they terme it,) euerie one is inclined, that the money which they draw, they will venture againe in hope of a better, whereby their Lotaries are sooner filled. Both these sorts of Lotaries haue a Table wherein the Prizes are declared, which are valued by publike authoritie to preuent deceit and fraud, which in great Standing Lotaries is more likely to bee practised.

[Page]There is as many Bills made of the aduenturers, by their names or poesies, as there are Blankes and Prizes to be drawne, answerable to the Tickets deliuered for the money to euerie man that is an aduenturer in the said Lotaries: and all these Bills of names being examined by the Magistrates or Commissioners, with the Bookes of Collection for the monyes, are put into one great close Basket, with a hole in the middle thereof for a man or a boy to put in his arme to draw them at the appointed time. Likewise all the Blankes and Prizes, with the like suruay of Sworne-men, are put into the like close Basket, after examination of the Prizes registred in the said Table, which being all of one fashion and bignesse, are publikely vpon a Stage mixt, tossed, and tumbled in certaines sheets of Canuas, before they be put in the said Basket; and between the said two Baskets sitteth the Drawer, putting both his armes at one instant seuerally in euery Basket, deliuering the Bills of the names or poesies with the right hand, and the Blankes and Prizes with the left hand, to certaine Sworne-men, which doe read the contents thereof openly to all the standers by; which Drawers or persons do change for certain hours, (for they continue both night and day vntill all be drawne out, without stirring of the Baskets.) Othersome doe herein obserue certaine houres daily, and vpon euerie discontinuance, they seale the said Baskets vnder two or three Seales from time to time, proclaming all Prizes by the sound of the Trumpet, and stringing some blew papers in the Files made of the Blankes and names: and the Prizes euerie day drawne, are the next day to bee seene in print, with the assistance of Officers appointed to see good orders obserued in keeping the Peace, vpon all occasions of fallings out, which might happen amongst the vnruly multitude of mechanicall people. The Prizes are many to auoid discontent, which the reading of many names and answeres in Blanke prouoketh. And commonly they do not exceed in number aboue thirtie or fortie for one; and so the least prize being but tenne shillings, is proportionably three or foure to one in value or in readie money. All the Prizes haue a priuie marke or number knowne onely to some few persons, to preuent the counterfeiting of euill disposed persons or officers, which are hereby easily discouered. For all the cautions and preuentions of dishonest and craftie dealings are more than necessarie in Lotaries, the rather of the common opinion of all men, which hold it impossible for Lotaries to be without fraud.Caueat in Lotaries. And here I may not conceale a great fraud committed in Standing Lotaries, when not only the Prizes are ouervalued, or change; but also when the parties of the Lotaries will set vp the same to draw men to aduenture, and take that to their aduantage, filling vp the Lotaries themselues, and enioying the most Prizes by the multitude of the Lots put in by them: wherein they are like to the craftie common Out-cryer for goods sold publikely in out-cries, by appropriating to himselfe and his parteners (which are onely knowne to him) all such good bargaines and penny-worths [Page] as he hath with them contriued to bring about,Fraud of goods sold by outcryes. or as he hath vndertaken to put to sale for other men, vnder the colour of out-cryes, selling them (if he please) or keeping and retiring the goods into his owne hands, when hee cannot aduance them according to his will, wherein other men are ignorant. And this being a vendition, may not be omitted to bee noted in this Booke, concerning all manner of buyings and sellings; the rather, for that the aduenturer in Lotaries incurreth lesse danger, than Merchants doe in the course of Trade, especially in Assurances, when they doe aduenture one hundreth pounds for three or foure pounds from London to Barbarie, whereas for one Lot of twelue pence, he hath a possibilitie to haue allotted vnto him two or three hundreth pounds.

Lotaries are commendable,The right vse of Lotaries. if they be appropriated to their right vses and good intentions, finis Coronat opus: for this maketh them to be of continuance, pleasing and profitable, when the benefit thereof doth redound to pious workes; 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. (*⁎*)

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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.

[Page]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 [Page] 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 by a Letter of Credit, and I am to beare no part of the losse: and so saith the third Merchant, that made ouer his money by exchaunge from Antuerpe: the two partners dwelling in Spaine, they say, That they haue not onely paied their parts of the Tabacco, but also the 1300 ll which were owing to the Merchant that sold the Tabacco, and therefore they demaund much money due vnto them, and that resteth also vpon account betweene the partie deceased and them and others. The partie deceased (being decaied) hath few to vndertake the administration of the estate: and the seuenth Merchant is contented to beare his part of the losse, so he may come in for his part of the gaine, and saith, That if the money had beene taken vpon him by exchange, hee would haue paied the same. But howsoeuer, he is able to proue that he had prouision sufficient to pay his part, in the hands of some of the partners there; and for as much as he hath borne the aduenture of the seas of his part of the Tabacco, he claimeth his part of the gaine; for if all had beene cast away at the seas, it is certaine the rest of the partners would haue made him to beare the losse of his part. And thus they are all in a Dilemma, and hauing some of them bonds, others contracts, and some but accounts and papers, they know not how to make an end; and such as haue more than their owne, are remisse enough to procure an end. I haue thought good to set downe this Case, because men of vnderstanding may iudge [...]ow it is possible that the common Law (by the strict and peremptorie proceeding of it) can determine the same without the Law-Merchant, not knowing the Custome of Merchants, being also impossible to direct a Iurie of twelue men in the premisses, wherein I am now an Arbitrator my selfe.

Description of Monopolies.

MOnopolies are somewhat displeasing, because the propertie of them is commonly to ingrosse things to an ill end, increasing the price therof disorderly, drawing a general benefit to a particular, diuerting the course of traffick: but for as much as they are vsed now a [Page] daies, it will be conuenient to distinguish them by Reasonable, Vnreasonable, and Indifferent.

Reasonable, of such things and trifles as are for pleasure, as Starch, Cards, Lute-strings, Tabacco, and such like.

Vnreasonable, as of Flesh, Fish, Butter, Cheese, or needfull things for the sustenance of man, without which he can hardly liue ciuilly.

Indifferent, as of Veluets, Silkes, Sugar, Spices, and other delicacies and dainties or curiosities, indifferent to be vsed or not.

All these are done by publicke authoritie of Princes and States, by Letters Patents granted for terme of yeares:Engrossing. but Engrossing is done by priuate persons of their owne authoritie, which is commendable, to keepe commodities in reputation to maintaine a trade thereby: as when men of meanes do engrosse and buy vp a commoditie, and for reasonable gaine they sell the same againe to shop-keepers and retailers; this is much vsed amongst Merchants of all nations: otherwise when aboundance of a commoditie doth so much abate the price of it, that Merchants do become losers and discouraged, then the trafficke and trade is thereby ouerthrowne, to the generall hurt of the common-wealth. In which respect it is better to pay somewhat more for commodities, than to haue them altogether ouer cheape, especially for commodities seruing for the backe,Forestalling or Forestallers called by the Ciuilians Dardanary. and not for the bellie, which diuers times by Forestallers become deere. Against which kind of people (Regrators and others) there are verie good lawes made, which the magistrates are to see obserued: and in France and Scotland, the Admirals of the seas haue an absolute authoritie to looke vnto this inconuenience.

The gouernment of Norenborough in Germanie is much to bee commended, not only for the prouident care to preuent Forestallers,Commendable Engrossing. but also for the engrossing or incorporating of all manufactures into their own hands to set the poore people continually on worke, themselues causing the said manufactures to be sold at such reasonable rates, as none can make or prouide better cheape than they do, wherof aboundance is bought and sent for the West-Indies and other places, the mechanicall people are verie much cherished by them, and all Artists are welcome vnto them, which maketh their citie populus. The Hollanders do imitate them, and some money of the Banke at Amsterdam is imployed therein; for the Prouerbe is to be commended, Sceptra sauent Artes.

The Ciuilians haue made the Latin word Monopolium, borrowed from the Greek, to be lesse vnderstood, because of their many difinitions therof, which made me to treat of Associations, Monopolies, Engrossings, and Forestallings, as hauing affinitie one with another, and to describe them in diuided manner, as also to note their coherence, as followeth. For an Association, Companie,A Society may become a Monopolie. or Societie may become a Monopolie in effect; when some few Merchants haue the whole managing of a trade, to the hurt of a common-wealth, when other Merchants are excluded to negotiate with their stocks, to vent [Page] the commodities of the realm with reputation, according to the word [...] Solus and [...] Vendo, A Societie may become a Monopoly. to sell alone. And as this is done many times by one Merchant, for one kind of commoditie (bee it Corne, Salt, Oyle, Woolles, and the like:) So may it bee done by a Societie of Merchants continually, vnder the colour of authoritie. Albeit that there be no combination to limit any certaine prices, for the sale of commodities in the particular of one Merchant or more Merchants agreed together to buy vp a commoditie, it may bee called a forestalling. As one Dardanus did, whereof (as wee haue said) the name Dardanarij was vsed by the said Ciuilians, who define them to bee [...]. Qui omnia praemunt, vt carius vendant, That forestall or buy vp things, to the end they should sell them dearer. Which although it bee agreeable to the practise, meaning, and intentions of Merchants: yet the practise is contrarie to the Lawes; for it would runne into disorder, in the gouernement of a Common-wealth. In the generall, where a Societie buyeth commodities apart, and selleth apart, although vnder orderly gouernement, it is in the nature of ingrossing, as the manufactures of Norenborough aforesaid; and being done with discretion and good order, it can giue no cause of offence; but the abuse thereof made the same odious, and so generally to bee knowne of all men; as the word Vsurie is, implying a biting.

Definition of a Monopoly.

THe truest definition of a Monopoly therefore is, A kind of commerce in buying, selling, changing, or bartering, vsurped by a few, and sometimes, but by one person, and forestalled from all others to his or their priuate gaine, and to the hurt and detriment of other men; whereby of course or by authoritie, the libertie of Trade is restrained from others, whereby the Monopolist is inabled to set a price of commodities at his pleasure.

A Merchant of London, hauing sent a great Ship to Zante, to lade Corrints and Wines, being there arriued; another Merchant there inhabiting, vpon knowledge hereof, caused all the Corrints to bee bought vp, to preuent the said Merchant, and to compell him to buy the said Corrints of him at deare rates, to lade the said Ship, which made the Factor (appointed to lade the said Ship) at his wits end: But being ingenuous hee deuised a course to disappoint the said forestalling Merchant, and caused Bills to be set vp in all publike places, to giue notice that the said Ship was come, to take in Merchants goods for her lading, and to returne for London: which being vnderstood by him, brought him into a secondarie, and to set all the Brokers of Zante on worke, to helpe him to sell the said Corrints againe, whereby he became a loser. In this and the like cases the said Societies are to haue a care of preuention; otherwise it is the part of the Prince to looke vnto it with a politicke eye, vpon complaint to bee made, as of late yeares hath been done (when the French Merchants [Page] did striue to bring new Wines first to the Market, thereby inhauncing the price of Wines in France:) it was ordered and commanded by Proclamation, That no Wines growing in France, should be sold or put to sale, before the first of December, to bee obserued euerie yeare.

The like was done heretofore by our Merchants trading Spaine, in the buying of Rotta Raisons by an order amongst them, That none should bee sold by them before the last of October: which being knowne to Merchant Strangers, made them to preoccupie the Market (they not being bound to their orders;) so that this is to be done more properly by the Kings Proclamation.

Here I call to mind my former obseruation of that royall commoditie Tinne, which aboue one hundreth yeares since,Preemption of Tinne. was sold for fortie shillings the hundreth, when the best Veluet was sold for ten shillings the yeard: how Merchants trading Turkie found fault with his Maiesties preemption of the said Tin, and caused the same to be abolished, to keepe the price thereof at fiftie fiue shillings the hundreth, and (bringing in Corints, Leuant Wines, Spices, and Indico, at deere rates, as they sold them) vsed all meanes to suppresse the rising thereof: which being considered of by forraine Nations, caused them to vse meanes to incorporate or ingrosse the same, whereby that commoditie came to be of more estimation and request; where [...]pon the said Preemption was reestablished, which hath increased the stocke of the Kingdome since that time aboue six hundreth thousand pounds, being risen to double the price, and yet but proportionable to the price of Veluets and other commodities. On the contrarie, another commoditie Minerall, namely Copperas, which was sold heretofore (when there was Letters Patents for the sole making thereof) for 10 ll, and 12 ll the Tunne, whereof a great trade might haue beene made for other Countries: hath beene so ill gouerned by worke-men vnderselling one another, and for want of orderly carriage, that the same is sold vnder 3 ll the Tunne, and is become a meere drug out of request, by the abundance made and indiscreetly vented, bartered or exchanged. France yeelding aboundance of Salt, although one yeare more than another, suffereth not the commoditie to bee ouermuch vilified. For albeit that the subiects within the Realme doe not care how good cheap they buy the natiue commodities, because of their owne benefit; yet the Prince ought to haue a care to reduce them into trade, with a respect of the forraine commodities brought into his Kingdome. So that not onely those Letters Patents or priuiledges graunted by them, for the reward of new inuentions are necessarie: but also some directions to Companies or Societies, are (in policie) verie requisite.Letters Patents for new inuentions. Vertue in a Common-wealth ought as well, and rather (in some respects) to be more rewarded, than Vice to bee punished by cutting off the malefactors.

This is agreeable to the Common Law of the Realme, and the [Page] fundamentall Lawes of all Nations: granting the Proiectors or Inuentors, priuiledges for twentie one or more yeares, which some men without distinction of Monopolies, would haue abridged to 14, 11, or 7 yeares, wherein the thing it selfe ought to make the difference, vpon good considerations, and not to measure all things alike. For example, the Graunt made for the sole importation of Spanish Tabacco,The Farme of Tabacco. doth gaine and saue the Kingdome many thousand pounds yearely: for Bayes, Sayes, Perpetuanoes, and the like commodities, which these two yeares haue beene sold in Spaine, with fifteene vpon the hundreth losse, to procure money to buy the said Tabacco, are now sold to so much benefit, besides the aduancement of the Plantations of Virginia and the Bermudas. But this is not proper to bee done for other commodities that are not of that nature, neither of commodities to be exported, wherein such and the like considerations is to be had.

The generall intention of all Graunts by Letters Patents for Manufactures, hath a relation to set the people on worke, to recompence the inuenter of the Art or Science, and that things may (in some measure) be better cheape to the subiects. What shall we say then, of those Graunts which make the commoditie good cheap to forraine Nations, and dearer to the subiects? Surely this cannot be without some great abuse.

If a Keelne for the drying of Malt for all the Kingdome ouer, were inuented to bee done with Pit-coale, better cheape than with Wood fire, and more pleasing, without the sent of smoake; and that this Keelne or Keelns were placed in conuenient places, for all mens accesse, whereby they should saue much charges, and haue their Mault better cheape: if heereupon Letters Patents were granted to reward the Proiector, no man of iudgement will call this a Monopoly, nor any part thereof, although the publike libertie seemeth thereby to be restrained. For take it another way, and you shall find it rather to be a common distribution than a restraint whensoeuer it bringeth a generall good and commoditie to the Commonwealth.

The Statutes of the Kingdome restraining from the exercise of sundrie Crafts all such as haue not serued an Apprentishood vnto the Art which they would exercise, doe it to no other end but that those Arts might bee brought to better perfection, and the things made, might be good and seruiceable for those that buy and vse them.

Some men are well contented, if a prohibition or restraint of a commoditie be done by Act of Parliament, and they will no manner of wayes haue called the same to be a Monopoly, although it be so in effect, when a Societie of priuate Merchants haue a priuiledge to themselues onely to sell certaine commodities, or to import them, and all other subiects are excluded, although they were neither the discouerers or first inuenters thereof. But if it be done by the Kings [Page] 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. (*⁎*)

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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 re [...]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.

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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 thereupon.

No man is compelled to bring his commodities to this House, but allured thereunto by the commodiousnesse and benefits thereof, because of the ease of Ware-house roome and Cellaridge at easier rates, the commoditie of sale or barter, the forbearing to pay Customes and Imposts for a time, the taking vp of moneys to serue his turne, and the goods better assured than in other places.

[Page]According to the said house of the Easterlings at Antuerpe, there will be 108 cellars, and double that in warehouses, and after that so many garrets, in all aboue foure hundred roomes. The benefit whereof will be verie great, one with another at 10 ll is 4000 ll. The benefit of weighing all commodities, and the selling and registring of all will be much more. And all the charge of this house is by the computation of some workemen to be done for 15000 ll, and may yeeld 10000 ll yearely profit, to the honour of the King, reputation of the citie of London, and welfare of the realme, and credit of Merchants.

Staples of Woolls.Our Staple of Woolls (heretofore kept at Calice and Bridges in Flaunders) is now out of vse, and Staple Townes are all (as it were) incorporated into London; and therefore it is to be hoped, that some worthie Merchants will of good affection to the Citie and State, be readie to resolue to vndertake this building of the house of commerce, as a worthie monument for posteritie, and ease of all traders.

The old Romanes (when moneys were first made of Copper, and then Siluer, and before Golden coynes were made) had appointed a place,Mensa Argentaria. called Mensa Argentaria, where they lent moneys vpon commodities for a reasonable consideration, to aduance trafficke and trade, which (in comparison of ours) was but in his infancie, and therefore to be left now to the mercie of monyed men (without other prouision by authoritie to supplie mens occasions) seemeth to be impertinent, especially when moneys are not plentifull.

Hauing hetherto treated of buying and selling, and the dependancies thereupon, now wee are to speake of receiuing and paying by moneys, and of the manner of Merchants dealings therein. But this doth properly appertaine to the second part of the Law-Merchant, where moneys are compared to the Soule of trafficke and commerce.

A question touching Merces Vaenales for Oppignorations.Returning therefore to the said matter of Oppignorations, let vs note the questions of Ciuilians, Whether in the generall binding of a mans goods, wares to bee sold (called Merces Vaenales) are comprised, by saying, he bindeth his goods present and to come? The answere is, that they are bound, but yet the sale of the said goods is not hindered thereby, vnlesse they were pawned or obliged to be in a place certaine, and named in the writing there to be extant. Also in Tacita Hipotheca, or as it were close pawning, Merchants money may bee comprehended and made liable: but this is to be vnderstood of moneys had some other way; for it is reason that the money which a man taketh vp shall serue him to expedite his affaires.Titulus Mandati.

Also in binding of future goods, it is to be vnderstood onely of such goods as he may get during his life, and not by any of his heirs. These reasons haue a reference to trafficke, which is a generall [Page] bodie, and commodities by merchandising or commerce do supplie themselues in their places; so that when some commodities are disposed of, other commodities come into the roome thereof: and the lawes haue alwaies more regard to the generall than to the particular; insomuch that a woman (euen for her dower) cannot arrest her husbands goods, finding his estate to decay.

CHAP. XLIIII. The proceedings vsed against Bankrupts.

THe mutabilitie and inconstancie of all worldly affaires (and especially of Merchants estates) causeth me to remember the ancient Dutch Prouerbe,A dutch Prouerbe Englished. Goods lost, nothing lost; Credit lost, much lost; Soule lost, all lost: for to be rich and to become poore, or to be poore and to become rich, is a matter inherent to a Merchants estate, and (as it were) a continuall and successiue course of the volubilitie of variable blind fortune, which is admitted (according to the heathen word) for a distinction of Gods prouidence, as the words of Fate, Destinie, Chaunce, and the like are, for the better vnderstanding of it; so that by the frequencie of it, Merchants haue made a great difference and distinction betweene a Merchant which is at a stay and taketh daies for the payment of his debts, or one that is broken or Bankrupt, hauing an especiall regard herein for the preseruation of credit, which is as tender as the apple of an eye: for it happeneth many times, that Merchants (hauing taken vp money at interest to augment their trade, and thereby doing good to their prince and countrey) shall receiue some vnexpected losses by warres on land, or Embargoes, or restraints of Princes vpon the seas of their ships and goods, or by hauing sold their goods and merchandises at home at long daies of paiment, or otherwise by other occasions, hauing their best meanes in remote places, whereby the said Merchants cannot suddenly make paiments of such moneys as they haue taken vp at interest, which in that Interim may be due, and so they are driuen at a stay, although they haue verie good estates: for some rich men (who like an Ape tied to a clogge, which thinketh that he keepeth the clog, when the clog keepeth him) are so tied to the clogge of their wealth, that vpon the least rumours of [Page] troubles and accidents happening to their debtors, they become suspitious of these mens estates, and fearing to become loosers, are so inquisitiue of their debtors meanes (without reason and discretion) to the great hurt and impairing of Merchants credit and reputation, that thereby they are driuen into a strait vpon a sudden, and so ouerthrow them (vnawares many times) to their owne hinderance and losse;A caueat for Merchants. so that Merchants must be verie prouident and carefull with whome they deale, in taking credit for moneys, and not to haue too much of their estate abroad; for the Prouerbe is true, That he who is farthest from his goods, is neerest to his losse. And in this case, Princes haue great reason to interpose their prerogatiues for the defence of these Merchants persons and goods for preuention of their ouerthrow, vntill their goods come to their hands and disposing, that haue beene detained as aforesaid.

This difference and distinction betweene a Merchant taking daies of payment, & a Bankrupt, doth incourage men to deale honestly and conscionably especially with the vertuous and well disposed, for Virtus laudata crescit, whereby they pay euerie man his owne in time, and for the most part with interest for the forbearance of their due debts: And therefore is it, that to call this man a Bankrupt, beareth a great action by the Ciuile Law, as also by the Common law of the realme, which is verie careful for Merchants credits and reputation: for that Merchant which in the storms of aduersitie, sheweth to be a good pilot, deserueth great commendation of the care and endeuours which he vseth to preuent the ship-wrecke of his reputation and credit, especially with a good conscience, which will be vnto him a continuall feast, although the seas be turbulent, for he is armed with patience, and not destitute of comfort: and on the contrarie, those that like cowards become carelesse of their credit, or being of an euill disposition, seeke to defraud their creditors, and to inrich themselues by their breaking, paying little or nothing; they do not onely deserue a name of defamation, but ought to be met withall by some seuere punishment by the Law.Seuerepunishment of Bankrupts. It is not long since, namely in the yeare 1602, that there was a Merchant at Roan in Fraunce, who together with his sonne and a Broker had confederated to buy great store of merchandises vpon their credit, of purpose to breake and to inrich themselues; which being knowne, made them to be apprehended, and the court of Edicts did proceed criminally against them as theeues to the common-wealth, whereof they were also conuicted, and all three of them hanged in the market place: obseruing that the reprehensiue Prouerbe (Dat veniam Coruos vexat censura columbas) was to be remembred, To punish the small theft or litle theefe, and to suffer the great theefe to escape, which is vnreasonable.

The statute against Bankrupts.The Statute of Bankrupts made and prouided by our law, against Merchants and Citizens only, was done to a verie good intent, if it were executed accordingly, with due consideration of the qualitie of persons and their behauiour. But some can preuent the meanes of [Page] suing forth the same, and so breake the strength of it, as easily as a Spiders webbe, whiles plaine dealing men are laid hold of, that haue an honest intention to pay euerie man, according to their abilitie present or future, as God shall enable them; for Vltra posse non est esse.

But these well meaning men are oftentimes hindred to performe their honest intentions, by the hard and obstinate dealing of some of their creditors, to the vtter ouerthrow of them, their wiues and children, and the generall losse of all the rest of the creditors: these men therefore are to bee ouerruled by the Lord Chaunceller, who may compell them to bee conformable with the other creditors, according to the Customes of Merchants in other countries: and there hath beene in times past, during the Raigne of Queene Elizabeth, Commission for the relief [...] of prisoners. a Commission granted vnder the great Seale of England, for the reliefe of distressed prisoners in the prisons of the Fleet and the Kings Bench; which Commission, if it were renewed for the reliefe of the one and finding out of the other, would worke much charitie and contentment to the subiects. Howbeit to preuent these extreames is more commendable, for many Merchants and Shopkeepers doe flourish and become rich againe, if their creditors be fauourable vnto them, and doe pay euery man to the full. Therefore are the Letters of Licenses deuised amongst Merchants,Letters of License giuen to debtors. which are as a Pasport for the persons and goods of the debtors, giuen by the creditors, by way of couenant, that they shall not (for and during such a time or terme of yeares) trouble or molest the persons and goods of the said debtors, nor cause to bee molested, arrested or troubled, vpon paine and forfeiture of their said debts, to be pleaded in Barre against them for euer, as a full paiment of the same.

For the better encouragement, and to retaine men in their duties, The Custome of Merchants concurring with the course of the Ciuile Law herein,Restauration of credit. doth make a restauration of credit to those that pay their debts to the full, notwithstanding their losses which they haue sustained; and they may haue a publication made of it, by way of intimation to all men vpon the Exchange or other publike places, for a perpetuall remembrance to posteritie, of their honest religious and commendable endeuours and behauiours, to the honour and credit of their house, kindred, or good descent: which is more especially regarded in Spaine,A gentlemans priuiledge in Spaine. where a Merchant or Cittizen being decayed in his estate, and hauing payed according to his abilitie, yea, although hee doth not pay at all, shall be freed from all arrests and troubles touching his person, if he make proofe that hee is a Gentleman by birth: which extendeth so farre, that all Merchants Strangers may haue and inioy the like priuiledge, vpon Certificate made by any that is Ambassadour and agent for their countrey; who commonly will doe it vpon the verification of it, by the Heraulds or otherwise, which causeth men not to degenerate in vertuous actions, although aduerse fortune playeth her Tragedie; which they ouercome with constancie and magnanimitie.

[Page]The said Statute against Bankerupts is made vpon verie great consideration, which lieth not against a Gentleman; so that to call a decayed Gentleman, a Bankerupt, (although he haue had dealing in the world) beareth no action at the Common Law, vnlesse hee were a Merchant or Shopkeeper, &c.

Commissioners for the Statute of Bankerupts.The Commissioners appointed by the Lord Chanceller vnder the Great Seale to execute this Commission of the Statute of Bankerupt, must be Councellers at the Law, ioyned with some Citizens or Merchants, which are to seize of the partie (which by the said Commission is proued to be a Bankerupt) all goods, debts, chattels and moueables into their hands, and to appoint one or two of the creditors to be Treasurer of the same, which is afterwards to bee distributed by the said Commissioners, vnto all such as they shall find and admit to be right creditors to the partie (and with his priuitie and consent) vpon such specialties, bookes, or accounts as they shall produce and be made apparant vnto them; which must bee done within foure moneths after the date of the said Commission.The contents of the said Statute. For if it bee after the foure moneths expired, they may exclude any creditor if they see cause; so that the said distribution shall be done to those only which haue beene admitted within the said time, according to their seuerall principall summes due vnto them, without any interest for the forbearance since the specialtie was due, or any forfeiture; howbeit charges in Law expended for the debt, shall be by them allowed according to their discretion. So likewise is it in the discretion of the Commissioners to admit any creditor to come in, where the partie was suretie for another, if that partie be likewise decayed. For it is vsuall for interest money, that two or three are bound together, and the collaterall Bonds which they giue each to other to saue harmelesse are to be considered, both by the said commissioners and the creditors.

It is also prouided by the said Statute, That whosoeuer shall bee found to haue voluntarily yeelded to any arrest, or his bodie to prison, and so remaineth in prison, for, and during the time of sixe moneths, thinking by that imprisonment to free his goods, and to deceiue his creditors; against him may the said Commission bee sued forth and executed accordingly, for hee is to bee taken for a Bankerupt according to the said Statute; and if the partie bee at libertie, against whom the said Statute of Bankerupt is taken out, the said Commissioners may (if they see cause) commit him to prison, and giue him some allowance for his maintenance. And of all their proceedings there is a Register appointed, by his Maiesties Letters Patents vnder the Great Seale of England to record the same, vntill the Lord Chanceller doe dissolue the said Commission by a Supersedeas.

Definition of the word Decoctor.The Ciuilians are copious in the description of this Argument, and haue attributed vnto this kind of people, the name of Decoctor, which is deriued from the word Decoqu [...], as it were to consume the [Page] substance of things, by decrease and euaporation of boyling ouer the fire, otherwise called disturbers or consumers of other mens goods in the course of trafficke. Neuerthelesse they doe obserue great distinctions betweene these persons, as in the Treatise, De Decoctoribus, made by Benuenuto Straccha, appeareth. And the Definition of Bankerupts is three manner of waies distinguished:

First, When a man becommeth insoluent, by losing his goods and other mens, by fortune, mischance, and casualtie, which man is not taken to be infamous by the Law, indeauouring to make satisfaction as he can.

Secondly, When a man by wasting, spoyling, and viciously giuen, consumeth his owne and other mens goods, and hee by the Law is infamous.

Thirdly, When a man is decayed, partly by wasting and spoyling of his owne and other mens goods, and partly by misfortune, and accidents; and this man is taken to be infamous, if he be vicious.

Hereunto I may adde the fourth, and most vile person, who inriching himselfe with other mens goods, breaketh without iust cause, and onely of purpose to deceiue men, according to the aforesaid example of Roan. Albeit I am of opinion, that the said Ciuilians haue left them out of the number to bee criminally punished, as theeues to the Common-wealth, by the magistrats or princes authoritie, as the Banker of Florence was; who breaking for many millions of ducats, made a suddaine and deceitfull composition with his creditors for the one halfe, and did pay them in readie money: which being vnderstood by the great Duke, hee caused his processe to bee made instantly, and thereupon hee was executed also accordingly; which was good iustice, and is to be done by the Magistrates, and not by the creditors.Punishments of Bankrupts. As of late yeares one of Genoa in Italy did vnto a debtor of his, whom he knew went about to deceiue him for great summes of money; whereupon hee caused a Chayre to be made, and called the partie to his house and intreated him to sit therein, which being made with certaine engines, did suddenly so gripe and claspe in his said debtor, that hee was compelled to pay him, or it might haue cost him his life. True it is, that in Russia a man hath leaue to beat, or to haue his debtor beaten vpon the hinder parts of the legs, if he cannot pay, and therewith is he discharged; which is not so cruell as to keepe him alwayes in prison, and make him to indure a lingering death, wherein the vndoing of wiues and children are made partakers vniustly.

Concerning fraudulent dealers the Law is, That by making Cession they shall not bee relieued, and may bee apprehended in the Church: whereas a free-man cannot bee arrested or taken in the Church, but may be vnto him a place of refuge.

If hee bee found a fraudulent man by his bookes of account, then any bargaine or sale made two or three dayes before his breaking, by goods sold good cheape, may bee recalled and auoyded; and in like [Page] manner, if he pay one man after his breaking, the same may be taken to be done in fraud of all the other creditors, and may be recalled for the generalitie. So goods bought by him before breaking, if they be found in esse, may be claimed by the Seller to his particular vse and payment againe.

All coniectures of fraud may bee augmented and aggrauated against the fraudulent man, according to the saying, Semel inuentum decies factum.

If any man do breake in partnership, the partnership is ipso facto dissolued by law: but the credit of the other remaineth, paying the debts of the partnership.

Also any commission giuen by him (for the partnership) is void instantly: howbeit, if a Factor by ignorance of his breaking, haue caused his commission to be followed; that which is done doth bind the Master, and shall excuse the Factor.

Suspitious Debtors.A debtor suspected by others, may be touched before moneys be due, and the creditor may attach some of his goods or pawns: which is the cause that the writ of Latitat out of the Kings Bench court may be serued vpon them to find sureties for their apparance (at the returne of the writ) before the Iudges of the said court. But the lawes in diuers countries do verie much differ in the proceedings and execution of these fraudulent men.

A question for suretiship.Here ariseth a question, Whether a Suretie can pretend to be discharged, if the Creditors haue made or agreed with the Principal for a longer time of payment, and the Principall breaketh? The answer is, That if he knew of the new agreement of the said partie for a longer time, he is liable thereunto; otherwise being bound as a Suretie for a time limited, he ought to be cleered at that time, or to make suit or demand to haue his satisfaction of the Principall, as also of the Suretie, which being neglected, doth in equitie discharge the said Suretie: the reason is, because if the Suretie do break at or before the time of the payment, the Creditor may demaund another Suretie in that mans place which is broken, wherein the law is verie indifferent. And this is the cause that diuers Lord Chauncellours of England (for moneys taken vp at interest vpon bonds) were of opinion, That when the said moneys are continued or prolonged at interest, the bonds should be renewed, and the counter-bonds also, and not to leaue the old bonds for many yeares to be vncancelled; for it doth oftentimes happen vpon occasion of absence of some of the parties, that a new bond is sometimes sealed, and the old not taken in, which breedeth contention; for the new bond being made, the old is void, and yet may be vncancelled, and also put in suit by some executor or administrator ignorant of the other new bond taken for the same, and paied long before: Albeit herein it seemeth, there is more reason not to make new bonds; howsoeuer diligent care must be had herein both by the parties and Scriueners which make the bonds.

Concerning agreements to be made between Bankrupts and their [Page] Creditors, there is a question made, That if Creditors do agree with their Debtors for some part of their debts,Agreements to be made between a Bankrupt and his Credi [...]ors. because of the Debtors losses and misfortunes, Whether, when the parties being become rich againe may reuoke their agreement? And the law hath determined this question, That if vpon the agreement, there be an Acquitance made by the Creditor, then the same agrement is absolute and cannot be reuoked, vnlesse the Acquittance were conditionall.

The greatest number, or the greater summe of the Creditors being agreed with the Debtor, are bound to be conformable with the other, and to do the like with the helpe of authoritie, not onely by the Ciuile law, but also by the Merchants Court of Prior and Consuls, which authoritie is alreadie noted before to bee in the Lord Chauncellor. But the difference is great betweene the greater number of the Creditors, or the greater summe: for a man may haue an infinite number of small Creditors, or few Creditors for verie great summes by him owing; so that the greater number should ouerrule the greater summes. It is therefore thought conuenient to follow the greater summes, which neuer the lesse doth not hinder the smaller number to proceed vpon goods appertaining to the partie, if they can find them, if by the said authoritie the whole estate of the Decoctor be not managed:Bills of conformitie in Chancerie. wherupon the Bills of conformitie were of late yeares vsed in the Chauncerie, which by the Parlement Anno 1621 are made void, because of diuers great abuses committed in thedefence of Bankrupts, who to shelter themselues from the rigor of the Common-lawes, did preferre their Bills of complaint in Chauncerie, which was in the nature of a Protection, and the parties broken, became to be releeued for easie compositions with their Creditors, albeit at charges another way extraordinarie.

Now concerning fugitiue persons (being indebted) if they be Merchants, they are taken pro confesso to be Decoctors or Bankrupts,Fugitiue Merchants. for they in substance by their absence denie to giue a reason of their losses to their Creditors, which they ought to do, if by fortune they are to haue good and fauourable dealing, if it shall appeare (that by losses and not by wastfull or lewd behauiour) they came behind hand, whereby the Creditors are induced to diuide in some measure the parties goods amongst them, as they may by the law and custome of Merchants.

The statute (made in the 34 yeare of King Henrie 8) hath well prouided against these fugitiue persons,Proclamation against fugitiue Merchants. that a Proclamation shall be made against them, That if they doe not returne within three moneths after they shall haue notice of it (which by Affidauit must be certified) to present themselues in some conuenient place to be declared, that then they shall be proceeded against, as if they were contemners of the lawes of the realme. And in the meane time (by order from the Lords of the priuie Councell, who haue authoritie to grant a warrant for the Proclamation) all such reuenues of lands or goods to be sequestred, and afterwards to be sold as cause shall [Page] require for the paiment of the Creditors, which execution hath lately beene practised against diuers, but lyeth onely against the kings subiects, but not against strangers, nor other persons which are not Merchants or trades-men.

All meanes of strict proceeding are to be vsed against those fugitiue Merchants, as also other Decoctors, and against them that do giue them any aide or assistance, which is not tollerated by the law: for he that will helpe them because he may the sooner recouer of him his owne payment, may be conuicted of fraud by the law, when it is found out and discouered; besides that, the other Creditors may call that mony backe againe to be distributed amongst them. And the Dictio, Nullo modo, How to be tak [...]n. nullo modo is to be vnderstood at no time, and without any reason of excuse, in all other things prohibited by the law, especially in this which concerneth the disturbers of commerce, so much to be celebrated. And because many questions do arise by the meanes of the interruption of trafficke by Bankrupts, and that (as I haue noted alreadie) the lawes in most countries doe differ in the proceedings against them: I haue therefore in this Chapter made a more ample discourse, both of the Ciuile Law, the customes of the Merchants courts, and the examples and lawes of other countries, to preuent the multiplicities of cases which might be alledged by true obseruation of the premisses.

A question which concerneth the estate of Bankers.The question concerning Bankers which haue their seuerall places or Bankes in diuers iurisdictions, and become Bankrupt, How their Creditors shall be dealt withall in the diuiding of their estates betweene them, is worthie the obseruation: for whereas they keepe two, three, or more Bookes of account in seuerall places, and therein distinguish the Creditors of their seuerall Bankes: The Ciuilians are of opinion for the most part, That the Creditors of one iurisdiction should not participate with the Creditors of another iurisdiction, and haue put the same in practise; but the court of Merchants do vse to take an account of the state of the Bankrupt dispersed in all countries, and diuide accordingly. (*⁎*)

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CHAP. XLV. Of Manufactures.

HAuing so often inculcated that important argument, whereby true Merchants are to be carefull, That trafficke and commerce may be profitable as well to the common-wealth, as to themselues; we may not omit to intreate of Manufactures, as an important matter to the customarie Law of Merchants, considering the aboundance of materials and stuffe which the realms of England, Scotland, and Ireland doe affoord,Idlenesse the root of all euill. whereby the people may be set on worke to auoid idlenesse (which is the root of all euill) most dangerous in countries which are populous.

Experience demonstrateth vnto vs, how many other nations (hauing not stuffes of their owne, but from others) do neuerthelesse set their people on worke vpon the stuffe and materialls of other countries, making and dispersing the same into a large trade. Therefore it is conuenient to incourage all men to reward new inuentions with some priuiledges for a time, and not for euer,New inuentions to be rewarded. to auoid the course of Monopolie, and to make the benefit to the common-wealth more generall, which maketh men painefull by the radicall moisture of gaine, whereof Merahants are to haue a consideration so to reward the artificers and handy-crafts-mens labours, that they may liue by their worke, according to the Dutch Prouerbe, which themselues vse so frequently, Leuen ende laeten leuen, To liue and to let others liue. This is to be regarded also by states-men,Liue and let liue. forbearing to impose ouer great Customes to be paied vpon commodities, whereby the people is set on worke both vpon goods imported and exported. It is therefore prohibited in France, that tallow be brought in, but not candles; old shoes, but not cobled; paper, but not cards, and the like; much more for richer wares, as silkes, cotton-wools, and linnen &c.

The commodities which are not made at all, or but in small quantitie in England, and may be practised, are manie, as Buckrams, Tapistrie, Bustians, Cambrickes, Canuas, Cables, Babies, cloth of Gold and Siluer, Damaske, Diaper, Mather, Paper, and diuers other things; all which may bee made in time, Quia nemo nascitur artifex. And herein is to be considered, That all other nations being carefull [Page] to maintaine manufactures, cannot but take an offence, if any other nation will endeauour to doe all, and to exclude others, which extremitie enforceth another;One extremitie enforceth another. as we haue found by the enterprise of the late new companie, for dressing and dying of all the white clothes in England, which caused other nations to make clothes of their owne by the woolls of other nations. For (as hath beene noted) it is contrarie to that common entercourse and mutuall course of commodities, whereof some countries are destitute, and other countries do abound, thereby supplying the barrennesse of the one, with the superfluities of the other, maintaining a friendly correspondence and familiaritie.

The Impresa, Sceptra foeuent. Artes, may better be attributed to common-weales or popular gouernments, than vnto Monarchies or Kingdomes, because experience proueth the same vnto vs, by the great quantities made of manufactures, and dispersed by way of trade; as we haue noted by the laudable engrossing of them at Norenbourgh.

To vndersell commodities is verie dangerous.The striuing of making commodities, and to vndersel one another, are dangerous, and preiudiciall to both parties: for by their contention they hinder each other, and bring commodities to be lesse esteemed. This is a matter of great consequence for statesmen to be taken into their serious consideration; for as the Spaniard saieth, Quien todo lo quiere, todo lo pierde.

Setting the fishing trade apart (which causeth all sorts of poore to imploy their hands, though they want legs) let me recommend vnto you,Bogging of Peate and Turfe. the making and bogging of Peate and Turfe, the rather for the want of wood, which England is like to haue in progresse of time, the woods being much decayed and inhaunced in price, and Peate and Turfe may bee made seruiceable to supplie the vses of wood, and set an infinite number of people on worke. As the making of Yron, and all other mettalls made in fowndries and fineries: the boiling of mineralls, as Allome, Salt-peeter, Copperas, and the like, the burning of Brickes and Tyles, the making of Glasse, the refining of Sugar; besides the common vse for brewing, baking, dying, and other professions, and euerie man consuming wood more or lesse in his house, besides sea-coale.

Commodities by the bogging of Turfe.And here I cannot omit to say something of the commodities which wil redound hereby to the commonwealth, namely all boggie wast grounds and quagmires (vnprofitable and dangerous for feeding of cattle and deere) shall be conuerted to profitable vses, in the making of Peate and Turfe, and (in time) with the oft dreaning of the waters, turne to firme ground and fish-ponds. It will preuent the oft drowning of deere and cattell, venturing for some grasse growing in bogs and quagmires, whereby also many of them become rotten by drinking the vnwholesome red waters thereof. All the said grounds wil be safer and pleasing for hunting and planting of woods, and the fish-ponds may be planted round about with Osiers & hazelwood [Page] for hoopes, with diuers other profitable meanes, as in Holland: for the said turffe is to bee made according to their manner, auoiding the sulphurous smell, by two yeares drying of them before their vse, and then they will in time bee vsed by most men which now find the said turffe to bee offensiue, as they did in the beginning when sea-coales came to bee vsed in priuate mens houses: if this had beene followed, the bogging of turffe had beene alreadie pleasing and profitable.

Next let vs somewhat digresse from Manufacture, to Apifacture,Apifacture of Hony & Wax. (and with Salomon the wise, send the sluggard to imitate the painefull and laborious Bees) for the increase of Hony and Waxe in England, Scotland and Ireland, and others of his Maiesties dominions: and let mans helpe succour this Apifacture, if it may be so called, as followeth.

The meanes to increase Hony and Wax, doth properly consist in the preferuation of Bees, and the making of conuenient Skepes or Bee-hyues after a new inuention: Namely, you may make your Skepes either with Straw or Wicker of two sorts,The Beehyue of two pieces. and to bee of two pieces, to take off at the crowne or neere the midst of the Hyue; that when they haue gathered and filled vp their house, and that the roome is scant within then take away the vpper halfe and clap on a boord, or the bottome, or head of a pitch Barrell or tarre Barrell, or the like hauing pitch on it, casting Mault meale, or Beane meale vpon the same; and then daube it well with clay about the skirts, and setting on with your clay mixt with some salt; and when you haue thus done, then raise it vp below with so many wreythes, as you tooke aboue for the gelding of your Hyues before, which is verie needfull to make the greater plentie and increase. For making your Skepes in this manner, the Hony may bee taken at all times; but especially, when you doe perceiue by the lifting vp of your Skepes, that your Bees are well prouided for the Winters prouision, and that there bee plentie of food yet to gather, then cappe them. Take a strong wyer, make it flat, and cut your combes in two, and then haue a parchment in readinesse to follow the wyer, to keepe a sunder the wax from cleauing, laying on your boord with pitch and meale, as aforesaid. This to be done in Summer.

Preseruation of Bees for the Climate of Great Brittaine, &c.

1 IN Mareh your Bees doe beginne to breed, and then they beginne to sit, let them at that time bee serued twice euerie weeke, because:

2 In Aprill your Bees beginne to hatch, serue them in hard and rugged weather, whereby they are hindred to be abroad.

3 In May is your Bee comming forth, looke to serue them vntill Midmay.

[Page]4 In Iune are your Bees in their strength for casting, and then there is great plentie of Flowers and Dewes for them to feed vpon.

5 In Iuly they are full of Hony, therefore cap your first swarmes, and take vp the rest for Hony that you meane to take vp for that yere, and cap as followeth.

6 In August is the most breed of Bees past, and you may cappe likewise those you meane to keepe ouer the yeare; I meane your old Stockes, for then they may forbeare it.

7 In September the gathering of Bees is past; stop close, and if there bee any that is not cappable, leaue them and stop close with clay and salt, and daube below with Cow dung as the manner is.

8 In October beginne to looke whether robbers haue spoiled any or not; if it be so that they haue, take away your Bees as in Hony time, and set vp your Skepes with the combes whole, to be vsed as hereafter followeth.

9 In Nouember stoppe vp all holes, let none passe in or out; but if they prooue weake, then take away your Bees from the combes, and keepe them for the second and third swarmes after.

10 In December house your Bees, if they stand cold: and in the North, house all.

11 In Ianuarie turne vp your Bees, and throw in wort, and water and hony twice or thrice, but let your water be warme.

12 In Februarie set foorth and serue all them that stand in need, with wort and hony, or hony and water, so it bee warme: and then in March looke for their breeding, as is before declared.

No corrupt combes to be left, but the bad are to be taken forth in the Spring time (being in feeding) and when you haue throwne in one pinte of warme worte, and that they are struggling with the clammines of the wort; then may you verie well take from them any thing that doth annoy them; which manner of dressing you may obserue for many yeares during your Skepe, so long as they stand to worke new againe.

Necessarie obseruations concerning the Premisses.

FRom the middest of Aprill, vntill the midst of May looke diligently to thy Bees; for then are they neere beginning to hatch, and doe stand in need of most helpe, especially if the Spring be cold,The poyson of Bees. and the wind holding any part of the North or East; whereby the tender buds or blossomes doe perish, and the Bees are driuen to the blossome of Apple trees, which is their vtter ouerthrow and decay.

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Helpes for weake Bees at all times.

TAke water and hony mixt together made luke warme, and throw it amongst the combes, to the quantitie of a pinte at a time: or strong wort new runne, or vnboyled wort also luke warme, and the same two or three times at the most; and this for the first Swarme.

For the second and third Swarme must be giuen in their Hiues, to preserue that which they haue gathered: Take Mulce, which is eight times so much water as hony, boyled to a quart or three pintes; set the same with dishes in their shepes, laying a few strawes in the dish to keep them from drowning. Wort and figs boyled will serue also.

The smoake (as it were the Tabacco of Bees) wherein they delight, is Cowes or Oxen dung, sophisticated with sweet wort;Bees Tabacco. and the marrow of the Oxe or Cow, being well dryed: take the Shepe (which is diseased) & set it in a meale skiffe or riddle, and then kindle a little fire with your Cowes dung, and set them ouer the smoake of the fire, and so smoake them by fits, scarce so long at euery time as you can tell tenne, and beware not to vse this smoaking too oft, but as necessitie requireth and in gentle manner.

The necessarie vse of hony and wax, made me to obserue the premisses, wishing, That in all Parishes of Great Brittaine and Ireland, all the Parsons and Vicars in Countrey Townes and Villages, were inioyned to keepe Bees for their owne benefit, and the general good; which they may doe conueniently in the Churchyards, and other places of their Gardens, and some of their children or schollers may attend the same.

The multiplying of Bees is easie without destroying them,Equiuocall generation of Bees. and the creation of them is knowne to many, proceeding of the corruption of a Heyfar, the flesh whereof is fit to ingender Bees, as the flesh of Horses for Waspes, or that of man for Lice. And to abbreuiate, I do referre the desirous Reader hereof to Master Hill his booke of Husbandrie, where he speaketh of Bees, with the commoditie of Hony and Wax, and of their vses and seuerall profits, collected out of the best learned Writers, as Plinius, Albertus, Varro, Columella, Palladius, Aristotle, Theophrastus, Cardanus, Guilielmus de Conchis, Agrippa, and others.

Returning to manufacture, and to conclude this argument, many are the commodities to bee made of Silke, Wooll, Linnen, Cotton, and other Stuffes; but vaine is the conceit that would command and gouerne them all. But as we haue declared before, in the Commutation or Barter, and the vse of them, lyeth the greatest consideration; and in the setting of people on worke to auoid Idlenesse, the disturber of Common-weales, which causeth men to make Plantations and Discoueries of other Countries, whereof incidently wee are now to handle something, seeing that Merchants haue the managing thereof.

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CHAP. XLVI. Of Plantations of People, and new Discoueries.

WHen the Common-wealth of the Empire of the Romanes grew to bee very populous, and men (idle) would haue stirred more commotions:Plantation of Colonies of people. Then the Plantation of Colloneys of people in other Countries was most necessarie to bee practised, and meanes also to set the people on worke, or to imploy them in the warres, to gouerne the quiet [...]r at home. And at this day in Rome and many other places in Italy, if a man shall be found to liue idle and want meanes, offer is made vnto him to draw a lot for a summe of money, be it 30 40, 60, or a 100 ducats (as he may be reputed) to haue that money, or to become an Officer in their Gallies, where other malefactors are confined to serue.Three Impostumes or the world. For vnlesse the three Impostumes of the world, namely, Warres, Famine, and Pestilence, doe purge that great Bodie; all Kingdomes and Countries become very populous, and men can hardly liue in quiet, or without danger. Merchants therefore seeking to discouer new countries, are much to bee commended and cherished, and their Customes are to be obserued as a Law permanent, which hitherto haue beene herein kept vnuiolated.

The vnfatigable industrie to make a compleat Plantation in Virginia, and the Island of Bermudus,Plantation of Virginia and the Bermudus. (which hath beene verie chargeable) might haue beene farre better, if honest housholders and families of some abilitie hath beene induced thereunto by benefit and profit at the beginning, and meere poore people and vagabonds had not beene admitted but afterwards. This inducement should haue wrought in their Idea, an imaginarie common-wealth, and ought to haue beene done in this manner following.

Make choice of some honest Shoemakers likely to try aduentures and to inrich themselues, know of them how many paire of Shoes they make yearely, whereby they liue and their families, although victualls be deare. Then let them know, that foure or fiue times so many shall be taken from them, and Leather bee deliuered them, if they will goe and inhabite in Virginia, where they shall haue houses and lands for themselues and their heires for euer, and their worke [Page] shall be taken from them, and they shal be duely paied, and that a certaine number onely shall haue this priuiledge for certaine yeares, and none others to be admitted, albeit the number of people doe increase; wherby they may be sure of a certain beneficial liuing. And no doubt they wil aduenture that little they haue to inrich their means and estate, and persuade their wiues and seruants to go with them, who may succeed them vpon other good conditions. The like is to be done with Taylors, Bakers, Brewers, and other handicraftes-men, and (so conceauing a common-wealth within themselues) wil resolue and encourage many that are of some meanes to accompanie others of smaller means, whereby the base minded will be brought to be also painefull and industrious in time, and the charge of the vndertakers will be lesse, and more commodious to prouide the voyages with facilitie.

The like was to be put in practise by the Hollanders, in the Island of saint Thomas vnder the line: but the extreamitie of the heate of that Climate did bring a disorder, and the attempt was giuen ouer. It is more like to be established in other places: for albeit the warres in Europe will diminish the people, yet most countries are populous.

Politicians although they are much mistaken in the number of parishes of seuerall kingdomes, yet are they not in the number of the persons or inhabitants.

France containing by late estimation about 27400 parishes,What people in France in numbers &c. esteemed in 44 hundreth thousand families, of fiue persons to a familie (where in England six persons are accounted to be in a familie) is 22 millions of persons.

England containing 9725 parishes, 52 shires, and 26 cities, is esteemed in 28 hundreth thousand families of six persons, which maketh 16 millions, and 800 thousand persons.

Scotland containing aboue 4000 parishes, is esteemed to haue about 1500 thousand persons or families of six persons, is nine millions of persons.

Ireland containing 5500 parishes, was esteemed not to containe the two third parts of Scotland, which is now much increased.

The prouince of Flanders (one of the 17 Netherlands) esteemed to containe 140 thousand families, of fiue persons, is 700 thousand persons, which is more than the kingdome of Denmarke being ten times more spacious.

Now omitting to speake of other countries,Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments, be it an Aristocracie, or Democracie, the meanes to make countries populous is thought reasonable, which in Monarchies is held to be dangerous. The concourse of people causeth the greater consumpsion of all things, and the reuenues are great by Impositions, and it giueth life to trafficke and commerce.

The Plantation of Vlster (one of the foure Prouinces of Ireland) is now verie great, and the meanes to set the people on worke are to be taken in hand, which may be done by a Corporation of English [Page] and Irish Merchants there inhabiting, and English Merchants in England to vent the superfluities of the commodities of that kingdome, and to increase the manufacture of many needfull commodities to bee made there, the realme affording stuffe and materialls thereunto plentiously.

And here I remember a good obseruation heretofore made touching the kingdome of Ireland, Why the same was not brought vnto perfect obedience to their soueraigne these 400 year [...]s, but vnder our most gratious king Iames? which is attributed to the mistaking of the place of the plantation of the first aduenturers, that were deceiued in their choice;Fit places for plantation to be considered of. for they sate downe and erected their castles and habitations in the plaines and open countries, where they found most fruitfull and profitable lands, & turned the Irish into the woods and mountaines, which, as they were proper places for Outlawes and Theeues, so were they their naturall castles and fortifications: thither they draue their preys and stealths; the lurked there, & waited to do euill and mischiefe; for these places they kept vnknowne, by making the waies and entries thereunto impassible; there [...]hey kept their cattle, liuing by the milke of the cow, without husbandrie or tillage; there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues; there they made their assemblies and conspiracies without discouerie; but they discouered the weaknesse of the English dwelling in the open plaines, and thereupon made their fallies and retraits with great aduantage. Whereas on the other side, if the English had builded their castles and townes in those places of fastnes, & had driuen the Irish into the plaines and open countries, where they might haue had an eye and obseruation vpon them, the Irish had beene easily kept in order, and in short time reclaimed from their wildnesse, and would haue vsed tillage, and by dwelling together in towneships learned mechanicall Arts and Sciences. This discourse may seeme strange to the Law of Merchants: but when Merchants vndertake Plantations (as we see they do) no man will hold the same to be impertinent.

The discouerie of the Southerne countries called Terra Australis.And for as much as diuers Mathematicians heretofore haue according to those discoueries made their maps, and vpon good probabilitie affirmed and set downe Terra Australis incognita, whereof discouerie hath beene made in the yeare 1615 by Ferdinand de Quir, a Spanish Captaine; let vs consider, that many other countries may also be found out: albeit this containeth a fifth part of the world, for (as he saieth to Philip the third, late king of Spaine) the length thereof is as great as all Europe, and Asia the lesse, vnto the sea of Bachu, Persia, and all the Isles, as well of the Ocean, as of the Mediterranean sea, taking England and Island into this account; seated within Zona Torrida, and a great thereof reacheth vnto the Equinoctiall Circle, eleuated vnto them to 90 degrees aboue the Horizon, and in some places a little lesse.

There they liue without Kings or Lawes, and know no neighbourhood [Page] either of Turkes or Moores; and according to this maner of life (although they want Yron and Guns) they haue not need of any thing. But they abound with many excellent commodities, whereof the Spaniards will in time make vse, especially if they be more assured of Gold there to be found, as in part they are of Siluer and Pearles; for these are the three most pretious darlings that lie and are cherrished in the bosome of Nature. To say nothing of Spices and Drugs whereof they abound, with many other commodities, by the said Captaine declared.

And here we may not omit to remember, That it is not enough to discouer countries, and leaue them without plantation, or at the least neglect the vse of them▪ if Merchants do giue ouer their enterprises: But it is the part of Princes to see plantations made,True causes to make plantations. for two maine reasons, That is, to conuert the inhabitants or neighbours to Christianitie; and, to the end such temporal blessings may be enioyed as the land and seas do affoord: most requisit to be done in the Island of New found-land, bordering vpon the coast of America, from which it is diuided by the sea, so far distant as England is from the neerest part of Fraunce, and lyeth betweene 46 and 53 degrees North latitude, as Captaine Richard Whitbourne hath verie well declared in his discouerie, affirming the spaciousnesse thereof to be almost as Ireland: and therein he hath noted many disorderly courses committed by some Traders and fishing Merchants, in setting forth to the New-found-land, which are worthie the obseruation and knowledge of Merchants, because that the like errors may not be committed in other voyages, which by this good aduice may be preuented or reformed.

It is well knowne, saieth he,Worthie considerations for plantation for the fishing trade. That they which aduenture to New-found-land a fishing, beginne to dresse and prouide their ships readie commonly in the moneths of December, Ianuarie, and Februarie, and are readie to set forth at sea in those voyages neere the end of Februarie, being commonly the fowlest time in the yeare: and thus they do, striuing to be there first in a Harbour to obtaine the name of Admirall that yeare, and so to haue the chiefest place to make their fish on, where they may do it with greatest ease, and haue the choice of diuers necessaries in the Harbors. And thus by their hasting thither, oftentimes there comes not only dangers to themselues, but also great mischiefe and losses to many others which arriue there after the first, as it may by that which followes truely appeare.

For by the hasting forth (as now they vse) they greatly endanger themselues, being many times beaten with rough and stormie windes, and oftentimes they are thereby forced to returne backe with great losse both of mens liues and goods, as it is well knowne; so that to get the superioritie to arriue there first in an Harbour, they will beare such an ouerprest saile, and in so desperate a maner, as there are no true vnderstanding sea-men that vse the like to any place of the world. For albeit when the fogs are thicke, and the nights darke, [Page] that sometimes they cannot discerne the length of three ships in the way before them, and the yee often threatning much perill vnto them; yet on runnes the ship amaine so fast as po [...]sibly she may, when commonly most part of the companie are fast a sleepe, euen with extreame hazard of their liues. Thus many times both ships and men haue beene cast away suddenly, to the vtter vndoing of many aduenturers and families.

And also this vntimely setting forth consumeth a great quantitie of victualls that might be saued to better purpose, and it forceth them to carrie and recarrie many more men in euerie ship (euerie voyage) than they need, if they once take a fitter course.

Such Stages and Houses that the first arriuers find standing in any Harbors (wherein men set diuers necessaries, and also salt their fish) some men haue vsed to pull downe, or taken their pleasures of them: by which vnfit disorders of some first arriuers there yearely, those which arriue after them are sometimes twentie daies and more, to prouide boords and timber to fit their boats for fishing, and other necessarie roomes to salt and drie their fish on, whereby much time is lost, and victualls consumed to no purpose, and thereby also the voyages of the after-commers are often greatly hindered and prolonged, to the generall hurt of the common-wealth: and the mariners themselues which commit those great abuses are thereby also much wronged, as themselues may conceiue.

Wherefore if such as henceforth aduenture to that countrie, take some better course in that trade of fishing than heretofore they haue vsed, they shall find the greater safetie of their aduentures, and much good thereby.Penefits arising by reformation about fishing. For whereas heretofore they haue vsed to make readie their ships to saile in those voyages in such vnseasonable time of the yeare, whereby they often receiue such hinderances and losses, they need not then to go in the said voyage vntill the fiue and twentieth day of March, which is a fit time of the yeare to put forth to sea from our coast to that countrie, the Winter stormes beginning then to cease: and then any such ship which carries in her thirtie men in euerie voyage, may well leaue six men there behind them, or more all the Winter season, vntill the ships returne to them againe; and these six mens victuals will be saued and serue to better vse, and thereby also cut off that moneths setting forth in those voyages so soone in the yeare as now men vse to do; and then the victualls for that moneth (which is so vainely, and with such great danger consumed) may well maintaine those men which are left in the countrie all the Winter season, till the ships returne to them againe, with a verie small addition to it.

Couenient priuiledges to be granted.And it may be thought reasonable, That men which will vndertake to settle people in New-found-land, shall haue this priuiledge, that in case he leaue there a fifth person (of such as he carries thither in his fishing voyage) to inhabite, whereby those men so left might keepe a certaine place continually for their fishing and drying of it, [Page] whensoeuer their Ship arriueth thither: then would all such as leaue people there, build strong and necessarie roomes for all purposes, and then in some necessarie houses and roomes they may put their fish when it is dryed, which fish now standeth after such time it is dryed, vntill it is shipped (which is commonly aboue two moneths) in great heapes packt vp vncouered in all the heat and raine that falleth, whereby great aboundance of good fish is spoiled yearely, and cast away for want of such necessary rooms. And for the want of such fit houses some mens voyages haue beene ouerthrowne; and then a meane place to make fish on wil be made more commodious than the best place is now, that men so dangerously and desperately runne for euerie yeare.

And thus euerie mans fishing Pinnaces may bee preserued in such perfect readinesse, against his Ship shall yearely arriue there againe; which Pinnaces are now often lost, and sometimes torne in pieces by the first arriuers there, very disorderly: and if such Pinnaces, Stages, and Houses may bee maintained and kept in such readinesse yearely, it would bee the most pleasant, profitable and commodious trade of fishing that is at this time in any part of the world.

For then euerie Ships companie might fall to fishing the verie next or second day after their arriuall, whereas now it is twentie dayes before they are fitted; and then such Ships should not need so soone to hast away from England by one moneth, at the least mens liues might be thereby much the better saued, lesse victualls wasted, and many dangers preuented. And so euerie Ship in euerie such voyage, may gaine quickely one hundred pounds, that vsually carrie in her but twentie men more than now they doe, by leauing of foure men there of twentie. And as the proportion before named holds, for leauing sixe men in New-found-land of thirtie; so the allowing of men to be made proportionably fro euerie Ship,An easie way for plantation. will soone raise many people to be settled in euerie harbour where our Nation vseth to fish, and in other harbours in other Countries in like manner, some Ships by this course may then quickely gaine two hundred pound, and some 300 ll and more, according to their greatnesse, more than they doe yearely now; and those men so left will manure land for Corne, saw boords, and fit timber to bee transported from thence, and search out for diuers commodities in the countrie, which as yet lie vndiscouered: and by such meanes the land will bee in little time fitly peopled with diuers poore handycrafts men, that may bee so commodiously carried thither with their wiues: and that no man else should appropriate to himselfe any such certaine place, and commoditie for his fishing voyage, except hee will in such manner settle a fifth part of his companie there to liue. And then such aduenturers thither will carefully prouide yearely for such as they leaue there, not onely for bread and victualls, but likewise for all necessarie tooles fit for any kind of husbandrie. And the charge thereof will yearely repay it selfe with the benefit of their labours that [Page] shall bee so left there, with great aduantage.

By this meanes will shipping increase, men be imployed, and two voyages may be made yearely, and much victuall saued: for the allowance of victuall to maintaine sixe men to carrie them and recarrie them outwards and homewards, is sixe Hogsheads of Beere, and sixe hundred weight of Bread, besides Beefe and other prouision: which men as they sayle too and fro (as now they vse) doe little good or any seruice at all, but pester the Ship in which they are, with their Bread, Beere, Water, Wood, Victuall, Fish, Chests, and diuers other trumperies that euery such sixe men doe cumber the Ship withall yearely from thence, which men are to be accounted vnnecessary persons returning yearely from thence.

But being left in the countrey in manner aforesaid, the places of these Ships which by them should haue been preoccupied, may be filled vp yearely with good fish, and many beneficiall commodities; and the men so left in the countrey, will not only be free from the perils of the Seas by not returning yearely, but will liue there very pleasantly, and (if they be industrious people) gaine twice as much in the absence of the Ships, more than twelue men shall be able to benefit their masters that are kept vpon Farmes,The fertilitie of New-found-land. and that yearely, for the fertilitie of the soile is admirable, replenished with seuerall wholesome fruits, hearbs, flowers, and corne, yeelding great increase; the store of Deere, of Land-fowle and Water-fowle is rare and of great consequence; as also many sorts of timber there growing, with great hope of Mines, and making of Yron and Pitch.

Furres may be procured not onely by taking the beasts, but by setling (in processe of time) a traffick with the Sauages for their Furres of Beuer, Martins, Seale, Otters, & many other things. Finally, the rocks and mountaines are good for seeds, rootes, and vines; and the Climate is temperate, seeing the greatest part thereof lieth aboue three degrees neerer to the South than any part of England doth; which hath also mooued mee to write the said commendations of New-found-land, by the affirmation made vnto me by the said Captain, to the end all Merchants might further this intended Plantation, whereby the fishing trade may bee much aduanced, and the fish it selfe become more vendible, which shall bee prepared by the inhabitants of the persons to be left there. For it is well approoued by all those that yearely fish for Herrings,Salt boyled to pre [...]erue fish. Cod and Ling, that Salt orderly boyled, doth much better preserue fish, and keepeth more delightfuller in taste, and better for mans bodie, than that fish which is preserued with any other kind of Salt, as in now done for want of conuenient houses to boile & prepare the same, yet may be done by the said Plantation. But this being a matter depending thereupon, I am now to intreate of the fishing trade more in particular in the next Chapter, ending thus concerning Plantations, whereby Princes dominions are enlarged for their honor and benefit also.

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CHAP. XLVII. Of the Fishing Trade.

SOme men may wonder, and not without iust cause, That this most important argument of Fishing hath not beene handled hitherto. But in truth my meaning was not to haue touched the same, because of the neglect of it in the Kingdomes of Great Brittaine, and Ireland, where the same is abandoned vnto other Nations: howbeit vpon better consideration (calling many things to mind) I found that it would haue beene a great error to passe ouer the same with silence, and to omit the Customes of Merchants therein, as the fundamentall cause of the trafficke and trade of diuers Nations, whose great wealth hath proceeded from the same. For it hath pleased almightie God, to extend his blessings herein, more than in all other things created: For when God said to the earth, Let it bring forth Trees and Plants: Gen. 1.2 c. 22 [...] and for Fowles created out of the Sea, Let the Fowle flie in the open firmament: and of Cattle, Let the earth bring foorth the liuing thing according to his kind: He saith of Fishes in a peculiar phrase, Let the waters bring foorth in aboundance, euery thing that hath life; and willed them to increase and multiply and to fill the waters, which was the cause that the Prophet Dauid, being rauished with admiration, saith; O Lord, how manifold are thy workes, Psal. 104. in wisedome hast thou made them all, and the earth is full of thy riches: so is the great and wide sea also, wherein are things creeping innumerable, both small and great beasts. The earth is full, but in the sea are innumerable. Of the beasts of the earth the learned haue obserued,Scaliger, Bodin, Ca [...]dan, and others. That there be scarse 120 seuerall kinds, and not much more of the fowl [...]s of the ayre: but no man can reckon the seuerall kindes of the creatures of the seas, or can number any one kind. This ought to stirre vs vp to establish the fishing trade, especially for Herrings, Cod, and Ling, which tooke his originall from vs: for it is not much aboue one hundreth yeares since that one Violet Stephens, Originall of the fishing Trade. and other discontented Fishmongers departed the Realme of England, and went into Holland, to the Towne of Enchusen, where they procured the inhabitants to fish for them in the seas, streames, and dominions of Great [Page] Brittaine: which inhabitants (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, [Page] 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 [Page] 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 other, hauing meanes more than sufficient to maintaine the trades, considering the great summes of money deliuered at interest, although the money in specie be wanting, which by these meanes would be supplyed. And concerning the priuiledges graunted to seuerall societies, it will bee easie to reconcile them by good orders to be obserued in the fishing trade; wherein all men of seuerall companies may participate, and the generall good is alwaies to be preferred before the particular, and that societie which is against the common good ought not to bee admitted or continued for any priuate respect.

Answere.To the second obiection, That other nations are more painefull and industrious, and haue more skill in the cutting, salting, and packing of fish, and pay no fraight for the transportation of their fish: Suppose it be so as you say for the present, yet you cannot denie but that the same may be amended by vse and custome, seeing our people can endure all climates and hardinesse as well as others, and by good orders and gaine may be allured to vndertake labour and pains, when want breedeth industrie, and gaine is like a second life.

The managing to make fish more merchantable and vendible, may be learned of others in time, and for wages men will be procured that shall teach others; we know that the prouerbe is true, omne principium graue. The like may bee said touching the fraight of shipping, which in processe of time may be had in the same manner, if the coast Townes of England were made and appropriated to bee the Ware-houses or Megasins for the grosse commodities of those countries where the Herrings are sold: For the scituation of England is farre more commodious to send away the said commodities for all other countries, and in diuers places at all times and seasons of the yeare, when their countries are frozen for many moneths together, or want many times winde and weather to performe their voyages, which was the cause that the Hamburgers could not conueniently continue their fishing trade, as is alledged.

Hauing answered sufficiently (as I hope) the two maine obiections [Page] against the fishing trade, let vs now examine the benefit of it, by the calculation made by the said gentleman. Now to shew truely, saith he, what the charge of a Busse will be, with all her furniture, as Masts,The whole charge of a Busse. Sailes, Anchors, Cables, and with all her fishers implements and appurtenances at the first prouided all new, is a great charge, she being betweene 30 and 40 Last, will cost fiue hundreth pounds, and may continue 20 yeares with small cost and reparations: but the ye [...]rely slite and weare of her tackle and war-ropes, with her nets, wil cost 80 pounds.

And the whole charge for the keeping of her at sea, for the whole Summer, or three voyages, for the filling of a hundred Last of caske or barrels.

100 Last of barrels—72 ll

For salt 4 moneths—88 ll

Beere 4 moneths—42 ll

For bread 4 moneths—21 ll

Bacon and butter—18 ll

For pease and billets—6 ll

For mens wages 4 moneths—88 ll

335 ll

A hundred Last of barrels filled and sold at 10 pounds the Last, is 1000 ll 0 0

The charge deducted 335 0 0 Gotten 665 0 0

Here (saith he) plainely appeareth,The profit of one Busse. that there is gotten 665 pounds in one Summer; whereof, if that you do deduct one hundreth pounds for the wearing of the ship, and the reparations of her nets against the next Summer, yet still there is 565 ll remaining for cleere gaines by one b [...]sse in one yeare, rating the Herrings sold but at ten pound the Last, which is commonly sold by the Hollanders at Danske for fifteene and twentie pounds.

The charge of a Pinke of eighteene or twentie Last,Of [...] Pinke. making fifteene Last of barrel fish, he accounted accordingly to cost 260 ll, and the prouision and wages to be for two moneths 57 ll, and the Last sold at 14 ll 8 ss, or 24 ss the barrell, there is resting gaine for fifteene Last of barrell fish, 158 ll.

He hath noted moreouer, that besides the Hollanders, the French men of Picardie haue also a hundreth saile of fishermen onely for Herrings, on his maiesties seas euerie yeare in the Summer season, and they be almost like vnto Busses, but they haue not any gagers to come vnto them: but they do lade themselues, and returne home twice euerie yeare, and find great profit by their making of two voyages yearely.

And hereupon he concludeth with an exhortation to all noble,Exhortation for the fishing trade. worshipfull, and wealthie subiects, to put too their aduenturing and helping hands for the speedie launching and floating forward of this great good common-wealth businesse, for the strengthning of his maiesties dominions with two principall pillars, which is, with plentie of coine brought in for fish and Herrings from forraine nations, [Page] and also for the increasing of mariners against all forreine inuasions, and for the bettering of trades, and setting of thousands of poore and idle people on worke.

But now returning to the lawfulnesse of fishing, wherein we are to obserue, That albeit hunting, hawking, and fishing be of one kind, as subiect to a like law and libertie, because that any wild beast, fowle or fish being once taken by any man, commonly it becommeth his owne proper by the law of nations; yet there is a difference between these three: and although hunting and hawking be almost euerie where lawfull, yet fishing is forbidden in other mens ponds, stankes, and lakes, as comparable vnto theft.

Statute Lawes of England, Scotland, and Ireland, concerning fishing.

THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade, whereunto relation may be had, containing in substance, the ordinances to build ships and boats, and appointing of certaine times for fishing, and then onely to fish, vpon paines not onely of forfeitures and fines, but death also, according to the manner of offence made, and contempt of those decrees and ordinances.

Prohibiting (for the increase of fishes) the making, setting and vsing of crowes, yarres, dams, ditches, tramlets, parkings, dyking[?] in any waters where the sea ebbes and flowes: and albeit some are permitted to lay nets, and to make weares, yet must he keep the Saturdaies slop, that is, to lift the same from Saturday in the afternoone vntill Monday. And he is to make each space or mesh of his nets three ynches wide, except for taking of Smelts, and other fish which will neuer be bigger, and the same is to be set vpon the water, that the midstreame may haue the space of six foot wide, vpon paine of fiue pounds.

The priuiledges of fishers.And concerning the fishers safetie and priuiledges, it is prouided, That all ships sayling to catch Herrings, shall (during the taking of them) let downe saile after day-light is past, and let their anchor fall, and keepe watch with lanterne and light vntill the day light appeare, least otherwise the poore fishers should be ouerrunne, and their nets broken.

It is also prouided, That fishers shall not hurt one another, and the measure of their nets are limited in length and breadth: and also that no drag-net be set before March, nor vpon deeper water than foureteene fathome.

Also that they shall be honest and true, and not lie to their neighbours, being asked concerning the length and depth of their ropes or tewes when they are in driuing; neither shall they wittingly and willingly suffer their tewes to flit and run ouer one another, vnder paine of ten pounds for euerie offence.

That till Sunne set on Sunday, no man lay nor hale nets or great [Page] lines, or exercise any labour, vpon paine as aforesaid.

And for the incouraging of Fishers in the North and West Isles of Scotland, there is a Statute prohibiting all exactions to bee taken of them, but onely the Kings Custome, vpon paine to be found to be a manifest oppressor. And Concerning Fishers and dealers or traffickers with fishes, it is also ordained, That not onely all fish slaine and taken neere to the coast of Scotland be brought to the market places,Lawes of Scotland for fishes taken. where the taker dwelleth, or the neerest place thereunto, but also all the fishes taken in the North, or West Isles, or Forts, to be brought directly to the townes where the Fishers dwell, to the end the countrey bee first serued and the fish offered to the market places, from which none may carrie them to packe and pile, but onely betweene the houres of eleuen and two in the afternoone, vpon paine of forfeiture of the same. In which markets it is lawfull to the Prouost and Bailifes to set downe prices, and to compell the Packer and Piler to sell againe for the need of the subiects; which being done, they may transport the remainder where they will: and if they commit any contempt, then their fish is forfeited, two parts to the King, and the third to the Magistrate.

In like manner concerning the barrelling of fishes,Barrelling of fishes. it is ordained that the measures prescribed of old sh [...]ll bee kept, namely, each barrell of Herrings, or of white fish, to be of twelue gallons; and the barrell of Salmon of fourteene gallons, according to the measure of Hamborough, vpon paine of forfeiture, and fiue pounds to be leuied from the Cooper; and therefore hoop yrons to bee made in each towne for the triall and gaging thereof. All which concerneth the Law of Merchants, & the particular knowledge of euery one of them.

Let vs now remember in this place the fishing of New-found-land,The fishing of New-found-land. and the Whale fishing, with the profit and commodities of the same, as they are obserued by the aforesaid Captaine Whitebourne, who affirmed vpon his owne knowledge, That the French Biscaine▪ and Portugals, can make two voyages yearely to New-found-land, with 400 sayle of ships, and get thereby an incredible wealth; besides English ships, whereof he saith, That in the yeare 1615, there was 250 [...]ayle of ships great and small, the burthens and tunnage he esteemed to bee one with another 15000 tunnes, at 60 tunn [...]s, and 20 men and boyes to euerie one; therein were imployed aboue 5000 persons, by whose meanes there was taken by euerie ship, aboue sixe score thousand fish, and fiue tunnes of Trayne oyle, which being brought into England, France, or Spaine, and sold after the rate of foure pounds for euerie thousand of fish, and 120 fishes to the hundred, will amount to sixe score thousand pounds, which is not aboue one penny a fish. The Trayne oyle amounting to 1250 tunnes, at 12 ll, amounted to 15000 pounds; so the totall sale was 135 thousand pounds, omitting to reckon the ouerprices, which were made and gotten by the sale thereof in forraine countries. The consideration (that all this and the like wealth procured by fishing, is [Page] done by the labour and industrie of men, with exportation of money and exchange, or other commodities to be commuted or bartred for them) is worthy the obseruation,Necessarie points to be considered touching the fishing trade. and by the trade of it moneys are to be had plentiously, and all forraine commodities also, to the inriching of Common-weales, where many numbers of people are set on worke and relieued; as Bakers, Brewers, Coopers, Shipwreights, and Carpenters, Smiths, Netmakers, Ropemakers, Linemakers, Hookemakers, Pullymakers, and many other trades to make the necessary prouision of the fishing voyages, wherin the lame, impotent, & all poore people may haue imployment for their maintenance.

Greene-land fishingTouching the Whale fishing, especially in Greene-land, for the making of Traine oyle; the same is much augmented by seuerall Nations, since that the Biscayners and Bayoneses haue taught the manner of taking of them, casting harping yrons into their vnweldie great bodies, when they are on shoare for want of water, otherwise verie nimble in the Seas: For they haue a great feel [...]ng, and their flesh is viscosite or oylie,The manner of Whale ketching. apt for swimming, and as soone as the harping yrons haue strucken them, they runne towardes the bottome aboue a hundreth fathomes deepe, as the lines (which are fastened thereunto) will giue way. So that sometimes it will bee aboue two houres before they come vp (being ordinarily aboue twentie foot in length) and then being hoysed vp to the sterne of the ship, the flesh is pared off, and swimmeth vpon the seas, and the rumpe of the bodie is letten fall againe, and then the flesh boyled, and pressed, maketh Trayne oyle, which yeeldeth good benefit, if the voyage bee not ouercharged by expences. For preuention whereof, let vs note the proportion for the victualling of fiftie men for eight moneths,A proportion for victualling of ships. of a ship of 200 tunnes, and cast Merchants or Fishermens account accordingly, for the greater or lesser number of persons, or the longer or shorter time of victualling, more or lesse also in price, 50 men are 12 ½ Messes, being foure to a messe by distribution.

| ll. | ss. | d.
Bisket a pound ꝑ day to a man, is 120 quintals, at 9 ss | 47 | 16 | 0
Syder and Beere, one hogshead a day, with cask yron bound, 12 tuns at 50 ss, and 48 tuns caske, at 20 ss, more 25 tuns of Beere, at 50 ss, and 35 tuns Syder, at 50 ss is | 180 | 0 | 0
Water caske new, and yron bound 10 tuns, at 45 ss | 22 | 10 | 0
Beefe two pound ꝑ day, is 100 ll weight for three dayes a week, is in all 96 dayes, and 8500 and 3 quarters, at 26 ss the hundreth, is | 111 | 0 | 0
Caske yron bound, 500 weight in a Hogshead repacked, and Salt | 12 | 0 | 0
6000 Newfoundland fish, at 4 ll 10 ss with the caske, is | 27 | 0 | 0
24 Bushels of Pease, 20 bushels of Oat-meale, two barrells of Oyle | 14 | 12 | 0
Butter sixe firkins, Cheese ½ ll a day, Aquauite and vinegar | 60 | 0 | 0
Candels, Platters, Chirurgeons Chests, &c. | 65 | 0 | 0
| 539 | 18 | 0

[Page] which said summe of 539 ll 18 0, amounteth vnto 28 ss a man for euery moneth, besides the ships fraight and mens wages, which may be agreed vpon diuersly. And commonly the Company is permitted to haue one third, the Owners of the ship one third, and the Merchant or Merchandize one third: all other incident charges to bee borne accordingly betweene them, whereof Indentures of couenants are made.

Hauing reserued to intreat of this important businesse of Fishing, in the end of this first Part of Lex Mercatoria, concerning commodities, which are compared to the Body of Traffick, together with the Sea-lawes obserued therein, with all other Customes of Commerce: Let vs now proceed to the Second Part, touching Moneys, being the Soule of Trafficke, which in times past were noted to be raised by the fishing trade (now so much neglected) appertaining to the Kingdoms of Great Brittaine, and Ireland, as hath beene shewed euen by originall Antiquitie. The correspondence and long entercourse between the Societie of Gold-smiths and Fishmongers alludeth hereunto: For Saint Dunstane the Bishop,The allusion of Saint Dunstone. termed to be the Patron of the Company of Gold-smiths, had no other Elixer or Philosophers stone, than the Gold and Siluer, which by the benefit of fishing was obtained, whereby the Kingdomes Plate and Bullion was procured. For the aduancement of which fishing Trade, he did aduise, That three fishing dayes ought to be kept euery weeke, which caused also more abstinence: and hence the Prouerbe came, That Saint Dunstane tooke the Deuill by the nose with his pinchers. Which Custome, if it were better obserued with vs, would proue very beneficiall to the State and Commonwealth. *⁎*

THE SECOND PART OF LEX MERCATORIA, or the Auncient Law-Merchant; concerning Moneys, compared to the Soule of TRAFFICKE and COMMERCE.

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WEe haue alreadie compared the three Simples or Essentiall parts of Trafficke, namely Commodities, Money, and Exchange of Moneys, vnto the Bodie, Soule, and Spirit: And in our first p [...]rt of Lex Mercatoria, treated of Commodities, as the Bodie of Trafficke, with the dependances thereupon, as being properly the causes of Commerce, with their Effects, Adi [...]ncts, and Accidents: which methode we are now also to obserue in this second part of the Law-Merchant, concerning Moneys, compared to the Soule, which infuseth life vnto Trafficke by the meanes of Eq [...]alitie and Equitie, preuenting aduantage betweene Buyers and Sellers. And because Money is made of Mettals, wherof we haue not spoken in the Chapter of the Commodities whereby Commerce is maintained, here we are to begin with the verie originall of Mettals and Mines, as a matter worthie the knowledge of Merchants and others.

First we find, That when commodities began much to abound in the world, all manner of mettall, as Gold, Siluer, Copper, Tin, Lead and Yron grew into greater estimation, as being fit and more dureable for preseruation; and so the purest and finest Mettall most esteemed. At which time the riches of men was notwithstanding described to consist of cattel, commodities, and other moueables:Pecu [...]ia, non Pecu [...]a [...]ia. and there was a commutation of commodities, as hath beene declared, which was found to be verie cumbersome,The beginning of Moneys. and did require much carriage of wares vp and downe from one countrie vnto another; by reason whereof Money was deuised to be coyned, to be the rule and square whereby all other things should receiue estimation and price, and (as [Page] it were) become a measure whereby the price of all things might be set,Publica Mensura. to maintaine a certaine euenhood or equalitie in buying and selling; and the same to haue his standing valuation only by publicke authoritie, to the end that all things might equally passe by trade from one man to another.

Denomination of Money.Concerning the denomination of Money, it is deriued of Moneta, which proceedeth a monendo, to shew you the name of the Prince; vel nummi nota, and consequently the price of the peece of coyne by his authoritie made, stamped, and valued.

Pecus fuit Pecuniae fundamentum. Pecunia is deriued a Pecude, of Cattell, as of Sheepe and Oxen, the figure whereof was coyned thereupon, Nummus, a numerando, vel nomine, of the name of the Prince stamped vpon it; and also so called, Carolus Guildren or Floren; so a Ducat of Ducatus, the name of a Duke. And in times past being called Stipendium, was à stipe & pendo, before the same was coyned with a stampe, but made and weighed, being siluer, as the Cicle of the Hebrewes.

The Romans in times past vsed copper Moneys, calling their Exchequer Aerarium. So in Germanie it is called Argentarium of the Siluer, and being kept at Strasbourgh, that citie is called Argentina. The first Siluer moneys coyned was the 484 yeare of the foundation of Rome; And the coynes of Gold was sixtie and two yeres after that. Since the foundation of Rome vntill the yeare of 1622 are 2373 yeares.

Sterling Standerd altered in the valuation.The sterling Standard of the Moneys of England, was first coyned at a place, so called, by Osbright a Saxon King of England, aboue seu [...]n hundreth yeares since; at which time an ounce of Siluer was diuided into twentie peeces, and so esteemed twentie pence (as who should say) so many peeces, which so continued by denomination vntill King Henrie the sixth his time, who in regard of the inhancing of Moneys in forreine parts) valued the same at thirtie pence. But there was more peeces made out of the said ounce, and the former peeces went for three halfe pence vntill the time of King Edward the fourth, and then they were currant for two pence, and the said King did value the said ounce at fortie pence; vntill King Henrie the eight did value the ounce of sterling Siluer at fortie and fiue pence, and so continued vntill King Edward the sixth, and vntill Queene Elizabeth her time, and then the verie same peece, or the same penie was valued at three pence, and so did all three pences (coyned by the said Queene) weigh but a pennie weight, and the sixe pence two pennie weight, and accordingly the shilling and other peeces, which made the ounce to be valued at sixtie pence or fiue shillings; whereof twelue ounces make the pound Troy weight,The pound Troy diuided by weig [...]t. which remained diuided neuerthelesse in twentie pennie weight; for the said ounce being still the same in weight did retaine the same name, and foure and twentie graines also for euerie pennie weight; and according to the said pound weight is the finesse of Siluer also diuided. For if it be all pure Siluer without any Copper, called Allay, it is iustly called [Page] twelue ounces fine, because that pound weighed twelue ounces, and hath no mixture in it;The pound of Siluer diuided in finesse. and so euerie ounce is consequently twentie pennie weight in finesse, and euerie pennie weight is twentie and foure graines in finesse.

The finesse of Gold is twentie and foure Carrats,Finesse of Gold. and euerie Carrat is foure graines in finesse, and was heretofore accounted two Carrats for an ounce of Siluer. And all moneys of Gold and Siluer do participate of this finesse, according to their substance, which maketh their standards thereafter, whereby the sterling standard containeth eleuen ounces and two penie weight of fine Siluer, and eighteen pennie weight of Copper: and our Angell Gold holdeth twentie and three Carrats, three graines and one halfe, and halfe a graine of Allay, as shall be hereafter more amplie declared, together with the proportion betweene Gold and Siluer.

Let vs now speake of the properties of Moneys in the course of Trafficke, and make the effects thereof apparant.The propertie [...] of Moneys.

The first propertie is, That plentie of Money maketh generally all things deere, and scarcitie of Money maketh generally things good cheape: whereas particularly commodities are also deere or good cheape, according to plentie or scarcitie of the commodities themselues, and the vse of them. Money then (as the Bloud in the bodie) containeth the Soule which infuseth life; for if Money be wanting, Trafficke doth decrease, although commodities be aboundant and good cheape: and on the contrarie, if Moneys be plentifull, Commerce increaseth, although commodities be scarce, and the price thereof is thereby more aduanced. Nay by Money a trade is made for the imployment of it both at home and abroad: For those countries (where things are good cheape) are destitute of trade, and want Moneys; and although things for the bellie are good cheape, there is lesse benefit to be made by Merchants.

According to plentie or scarcitie of Money then, generally commodities become deere or good cheape, and so it came to passe of late yeares, that euerie thing is inhaunced in price by the aboundance of Bullion and Moneys (which came from the West-Indies into Europe) which like vnto an Ocean,The Ocean of Moneys. hath diuided her course into seuerell branches through all countries, and the Money it selfe being altered by valuation as aforesaid, caused the measure to be made lesser, whereby the number did increase to make vp the tale, being augmented by denomination from twentie to sixtie, or of those latter yeares from fortie to sixtie.

So that plentie of Money concurring herein made euerie thing deerer, and especially the forreine commodities, as we haue noted before, which caused some men to be of opinion, That our Moneys should be more inhaunced (as it were) striuing therein to exceed other nations, wherein they are farre from the marke,Alteration of M [...]ney altereth the price of things. for if that were done, not onely all the forreine commodities would be deerer, but also our home commodities, howbeit onely in name. The like [Page] would happen, if Moneys were (by allay of Copper) imbased, as experience hath proued in the time of King Henrie the eight, and of latter yeares in the realme of Ireland: so that we see the Prouerbe to be true, That the vnknowne disease putteth out the Physitians eye. The plentie of Money required, must be, not with a consideration that we haue (or may seeme to haue) more moneys than in times past, but according to the present great quantitie and aboundance of Moneyes now found in all countries, which (in effect) haue more proportionable part thereof than England hath. Neither was Money more plentifull when an ounce of Siluer was valued but twentie pence, (iudging of Money as we do of Commodities, either deere or good cheape according to the price) for Money must be still the measure, and ouerruleth the course of Commodities: Howbeit Exchange of Moneys, is predominant ouer Commodities and Moneys, as shall be declared hereafter.

The second propertie of Money (proceeding from the operation of Vsurie deuised thereupon,The operation of Money by the rate of Vsurie. whereby the measure is ingrossed and also falsified) is, That the rate of Vsurie is become the measure whereby all men trade, purchase, build, plant, or any other waies bargaine; and consequently all things depending vpon the premisses, are ruled and gouerned accordingly, as in the Chapter of Vsurie Politicke is declared, to the decrease of Trafficke and Trade.

Moneys will haue substanall value reallyThe last propertie of Money is, to haue an internall value in substance, whereupon the Exchanges of Money are grounded; in so much that in countries where the transportation of Money is prohibited, and Merchants Strangers and others are commaunded to make their returnes in Commodities, or by Exchange; if the Moneys be base, or of Copper, the value in Exchange will be made accordingly, to the vtter ouerthrow of all Commerce; for Moneys will haue substantiall value.

Thus much for an Introduction concerning Moneys. Now let vs beginne from the originall of Mettalls, and so descend to the Particulars and Accidents. *⁎*

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CHAP. I. Of the Essence or Existence of Mettalls.

ALl Philosophers (by the light of Nature and long obseruation) haue determined that the sperme, or seed of all things, created of the foure Elements, doth in a secret manner lowre within the two Elements of Water and Earth; and that Nature doth continually worke to produce perfect things, but is hindered therein by accidentall causes, w [...]ich are the begetters of corruption and imperfection of all things, whereby we haue varietie of things which are delectable to the spirit of man. Herein they obserue the operation of the Sunne and Moone,Vegitatiue, Sensitiue, and Rationall. and the other Planets and Starres in the generation of all things, which either haue a Being or Existence as the Elements haue; or a Being and Life, as vegitable Trees or Plants, or a Being, Life and Sense, as Beasts, Birds, and other liuing creatures; or a Being, Life, Sense and Reason, as Man hath, and all reasonable creatures: which knowledge and wisedome (no doubt) the holy Prophet Moses did learne amongst the Egyptians.Acts 7.22. But had these Philosophers read the Genesis. Booke of Moses of Creation and Generation, they would not haue ascribed the guiding and conducting of all naturall things to the two Leaders, namely the Starres, and Nature. Hence it procedeth, that amongst vegitable things (which haue a Being and Life) they reckon all mettalls, which haue their beginning from Sulphur and Mercury, Tanquam ex patre & matre; which meeting and concurring together in the veines of the earth, doe ingender through the heat and qualitie of the Climate by an assiduall concoction, according to the nature of the earth wherein they meet, which (being either good and pure, or stinking and corrupt) produceth the diuersitie of the mettalls of Gold, Siluer, Copper, Tin, Lead, and Yron, in their seuerall natures: and hereupon they haue assigned them vnder their distinct Planets, to bee beneuolent or maleuolent;The Planets of Metalls as Lead vnder Saturne, Tinne vnder Iupiter, Yron vnder Mars, Gold vnder Sol, Copper vnder Venus, Quickesiluer vnder Mercury, and Siluer vnder Luna. So Mercury or Quickesiluer is one of the seuen mettals, which being volatile and by his volubilitie running with euery one, is in nature as they are, either good or euill. And howsoeuer they haue placed [Page] Tin vnder the beneuolent Planet Iupiter; experience hath prooued vnto vs, that Tin is the poyson of all mettalls. Sulphur is excluded, which they say is of two colours, being white and corrupt in the Siluer, which therefore falleth away; but red and pure in the Gold, and therefore permanent.

These diuersities of mettalls being come to passe by accidentall causes, is the cause that Art (being Natures Ape by imitation) hath endeuoured to performe that wherein Nature was hindered. Whereupon Aristotle saith, Facilius est distruere Accidentale, quam Essentiale, So that the Accidentall being destroyed, the Essentiall remaineth, which should be pure. But this cannot bee done without proiection of the Elixar or Quintescense vpon mettalls. Hence proceedeth the studie of all the Philosophers to make their miraculous Stone, which (I confesse) is very pleasant, and full of expectation, when a man seeth the true and perfect transmutation of mettalls;Transmutation of mettalls. Lead and Yron into Copper; the Ore of Lead into Quickesiluer or Mercurie, with a small charge to a very great profit, as it hath beene made for me, vntill the make [...] of it dyed within three moneths after he had made almost foure thousand pound weight, as good as any naturall Mercurie could be, and that in sixe weekes time.

To returne to our Philosophers, concerning the Essence of Mettalls, they haue beene transcendend in the knowledge thereof, for they shew the generation of Sulphur and Mercurie in this manner.

The Essence of Sulphur and Mercurie.The exhalations of the earth being cold and drie, and the vapours of the seas being cold and moist, according to their natures, ascending and meeting in a due proportion and equalitie, and falling vpon some hilly or mountainous countrey, where the influence of Sunne and Moone haue a continuall operation; are the cause of generation, or properly from it is Sulphur and Mercurie ingendered, penetrating into the earth where there are veines of water, and there they congeale into Gold or Siluer, or into the Ores of Siluer, Copper, and all other mettalls, participating or holding alwaies some little mixture of the best; or being in nature better or worse according to the said accidentall causes. So that they doe attribute the generation to the operation of the influences of the Sunne and Moone: where the Booke of God sheweth vs the creation of all things in heauen and earth, and the furniture thereof; The earth (being the drie part of the Globe of the world) did appeare and was made the third day, containing in it the Ores of all mettalls and mineralls; whereas the Sunne and Moone were created afterwards on the fourth day, whose operation was incident to the things created, but not before. In like manner (say they) are Diamonds, Rubies, and other precious stones ingendred, according to the puritie of the matter, and the portionable participation of euery element therein:Exhalations, and vapours, &c. if the exhalations (being subtile) do superabound and preuaile ouer the vapours, then hereof is Sulphur ingendred; and if this subtile exhalation be mixed with the moist vapours, and wanteth decoction, as being in a very cold [Page] place, it becommeth Mercurie or Quickesiluer, which can indure no heat or fire at all.

The first mettall mentioned in the holy Scripture, is Gold, which was found in the riuer Pisson,Gen. 2.11. Gold groweth. running through the Garden of Eden into the countrey of Hauila, where Gold doth grow, and this was in the East: according to which obseruation, all the veynes of Mines runne from East towards West, with the course of the Sunne, as shall be more declared.

To this argument appertaineth the Philosophicall studie of Prima Materia, Prima Materia, vel Mercurius Philosophorum. to be found out by experience for the great worke of Lapis Philosophorum, by the operation of the Sunne, in seuen yeares; the practise whereof was made about fortie yeares since, by a Germane Doctor of Physicke, at Dansicke in the East countreys (as I haue been informed by a friend of mine, who was also a Physician) and was done in this manner, according to the bignesse of the bodie of the Sunne,The body of the Sunne, is 166 times bigger than the whole Globe. being 166 times bigger than the whole Globe of the earth and water, making the circumference of the world; whereupon hee tooke 166 vialls or glasses, wherein hee did put, of all the Ores of mettalls and mineralls, and other things which had any affinitie with mineralls, and some of them mixed, and calcined all of them, and closing or nipping vp all the glasses by fire, he did expose them to the Sun in an eminent place, for and during the said time of seuen yeares, and found thereby (as it was reported) Prima Materia, which was reduced to seuen glasses; howsoeuer, it was certaine that he grew verie rich, and bought aboue one hundreth houses in that Citie before hee died: which was an occasion, that my friend (imitating him) did likewise place not farre from London seuen glasses, with calcined mettalls made of the ores of mettalls and minerals, vpon a house top against the backe of a chimney, where the repercussion of the Sunne did worke vpon them, which was admirable to behold from six moneth to six moneths, not onely by the sublimation of colours verie variable and Celestiall, but also of the rare alteration of the Stuffe, being sometimes liquid, another time drie, or part of it moist; ascending and descending, very strange to behold, as my selfe haue seene diuers times from yeare to yeare: some had beene there two, three, foure, fiue, and one almost seuen yeares, the colour whereof had been yellow, then white in the superficies, then as blacke as pitch, afterwards darke red, with Starres of Gold in the vpper part of the glasse, and at last of the colour of Oranges or Lemons, and the substance almost drie. Many were the questions betweene him and me, but hee was confident that there was the Elixar, howbeit very doubtfull that hee should neuer inioy the same, and it came so to passe, for after a long sickenesse he died of a burning Ague, and a Gentleman gaue a summe of money to his wife for that glasse, whereof I haue not heard any thing these seuen yeares. In this glasse hee would shew mee the working of this quintescence, according to the description of Ripley, Lapis Philosophorum. who he was assured had the Lapis, and so had Friar Bacon, and Norton [Page] of Bristoll. Kelley had by his saying, some little part to make proiection, but it was not of his owne making. The charge to make it, was little or nothing to speake of, and might bee done in seuen moneths, if a man did begin it vpon the right day. The twelue operations of Ripley, he declared vnto me, were but six, and then it resteth; for (saith he) all Philosophers haue darkened the studie of this blessed worke, which God hath reuealed to a few humble and charitable men.Ripleys twelue gates. Calcination, Dissolution, and Separation, are but one; and so is Coniunction and Putrifaction; likewise Cibation and Fermentation; then followeth Congelation; and at last Multiplication and Proiection, which are also but one. For mine owne part, seeing that no man can be perfect in any one Science, I hold it not amisse for a man to haue knowledge in most or in all things. For by this studie of Alcumie, men may attaine to many good experiments of distillations Chimicall, Fire-workes, and oth [...]r excellent obseruations in Nature, which being farre from Merchants profession, I hope shall not giue offence to the Reader of this Booke, seeing it is but in one Chapter (accidentally) handled. Neither will I craue pardon of the Muses (as it were) insinuating to the world to haue a far greater knowledge in these trialls or conclusions; but to satisfie the curiositie of some, that it may be (with a gaping mouth) expect to vnderstand somewhat of the Stuffe put into these glasses, I may say (as I was informed) That in some was the calcined ore of Sil [...]er and Gold, in some other Mercurie calcined, and Sulphur in some other: Arsenike for the Ayre, Sulphur for the Fire, Mercury for Water, and Seacoale for the Earth; were put altogether, as the four Elements. In some other glasse was Vitrioll and Orpiment, and what more I doe not now remember, concluding, That where Nature giueth abilitie, Art giueth facilitie.

I haue read all the Bookes of Paracelsus, that I could find hitherto, and in his Booke De Transmutatione Rerum, I doe find to this purpose the obseruations following, concurring with my friends opinion concerning Ripleys 12 Diuisions, comprized into sixe, and the seuenth is the matter it selfe and the labour or working resteth, wherewith I doe end this Chapter, and proceed to the surer ground of the Mines of Mettalls.

Omne quod in Fri [...]ore soluitur, continet Aerum Spiritum salis, quem in sublimatione vel distillatione, acquirit & assumit.

Omne quod in Frigore vel Aere soluitur, iterum calore, Ignis coagulatur in Puluerem vel Lapidem. Solutio verò Caloris, soluit omnia pingua & omnia Sulphurea: Et quicquid calor ignis soluit: hoc coagulat, Frigus in mass [...]m, & quicquid calor coagulat, hoc soluit rursus Aeer & Frigor.

Gradus ad Transmutationem sunt septem.

Calcinatio, Sublimatio, Solutio, Putrifactio, Distillatio, Coagulatio & Tintura.

Subgradus Calcinationis, compraehenduntur, Reuerberatio & Cementatio.

Sub Sublimatione, Exaltio, Eleuatio, & Fixatio.

[Page] Sub Solutione, Dissolutio & Resolutio.

Sub Putrifactione, Digestio, & Circulatio, qui transmutat colores, separat purum ab impuro; purum superius, impurum inferius.

Sub Distillatione, Ascensio, Lauatio & Fixatio.

Coagulatio est duplex; vna Aeris, altera Ignis.

Tintura tingit totum corpus, & est fermentum massae, farinaceoe & panis.

Secundum est, Quod calidius liquescunt, eo celerius tintura transcurrit, sicut fermentum penetrat, & totam massam acetositate inficit &c.

Sequitur Mortificatio & Fixatio sulphuris, & in Libro de Resuscitatione Rerum: Reductio metallorum in mercurium vivum.

CHAP. II. Of Mines Royall.

THe Mines called Royall are only of Gold, Siluer, and Copper, of which three mettalls Princes made choice to make their moneys of, simple or mixed, as shall be hereafter declared. But for as much as Siluer is found in the lead Mines, and that the siluer Mines haue their Ores mixt with hard lead also, it happeneth many times, that there are great questions about these Mines, when Princes will claime their interest in some lead Mines, because they are rich in siluer: as of late yeares betweene Queene Elizabeth and the Earle of Northumberland, as you may read in Master Plowdens Commentarie of Booke Cases, where it was adiudged, That if a Mine be found richer in siluer of more value within the Ore, than of lead, all charges of the working of both mettalls being fully paied; the Prince may claime the same to be a Mine Royal: wherein must be had great aduisement, some Ore in one place being richer than other Ore in another place of the same Mine, whereof we may handle in his proper place of other Mines.

Beginning therefore with Gold, the most precious mettall,Gold Mines. let vs obserue, That the same is found in hills, riuers, and in the earth, but not mixt in Ore, as Siluer, Copper, and other mettals. That which is found in the riuers is the finest, as containing lesse corruption, and is all of one goodnes otherwise. There is Mayden-gold, so called because it was neuer in the fire. Naturally all Gold hath a little Siluer [Page] in it, as also some Copper, and comming out of the ground it is soft, and doth harden by the ayre. Such Gold as hath no need to be refined, but may be vsed according to his finesse in workes, or to make money, is called Aurum obrison: such was the Gold which sir Beuis Bulmer knight brought out of Scotland, found in the sands of the riuers neere vnto the Gold Mines of Crayford-moore,Crayford Moore in Scotland. which was aboue twentie and two Carrats fine, and better than the French crowne Gold. I saw some eighteene ounces of it which was in big graines, some like pease found out by the Sheepheards, by whose meanes that place hath beene discouered in the latter time of queen Elizabeth. Some other Gold hath beene found out also in Scotland within a white sparre, wherin it groweth, neere the superficies of the earth, & runneth into smal veyns like pins, fit to be refined by quicksiluer from the sparre, because it is as pure Gold as any found in Africa or Barbarie, which we call Angell Gold, holding but halfe a graine of Allay. I haue seene the like sparre of Gold which was found in England in countie of Lincolne at Brickell hill neere Spilsbie by Lincolne.Brickell Hill in England.

But neither this place or any other are lookt into for the reasons hereafter declared, being right worthie to be regarded with a curious eye, and an industrious vnderstanding; and consequently many other, whereof this Monarchie of Great Brittaine is rarely blessed, and especially in Scotland where much barren ground is: for God in his diuine wisdome doth counteruaile the said barrennesse of the soile, with the riches contained within the bowels of the earth, as in fertile ground with the Corne and fruits growing vpon the superficies thereof:An obseruation to find out any Mines. which may serue vs for an obseruation, especially where we find riuers of water running about the hillie places in dales, which the Spaniards did so much regard in the West-Indies, seeking after Mines, that in all places where they found not the same, they presently gaue ouer the search after them.

Gold doth come out of many countries, as out of the mountaines in Bohemia, riuers of Pannonia in Hungarie, out of the kingdome of Sweaden; but it is all exhausted. There was wont to come out of Spaine of the riuers and mountaines aboue twentie thousand pound weight yearely, which is worth aboue eight hundreth thousand pounds sterling; but there is none found now. In the Island of Santo Domingo all is exhausted also; and so will it be in Perou, and the West-Indies: it is more like to continue in Africa and Barbarie, because of the climate,Cold climates haue abounded with Gold. albeit that Hungarie in Pannonia lyeth vnder fiftie and three degrees, and is a colder climate than ours, and neuerthelesse hath yeelded aboundance of Gold since the yeare 1527, vntill the yere 1568, as by a certaine record appeareth, which was kept thereof. The King of Spaine was wont to haue from Castle de Mina (vpon the coast of Africa) aboue eightie thousand pounds worth euerie yeare, which is now almost decreased to the one halfe: and all along that coast, the Hollanders and the French Merchants complaine [Page] of the small quantitie now extant, or there to be found, to make returne of their commodities (Hides and Waxe not being so plentifull as in times past.) Turkie is hindered also to haue such quantitie of Gold as in times past came out of Persia vnto them.

Of the Gold of Ophir,Gold of Ophir we heare but a discourse of old obseruation; That Salomon had the Gold from that place to beautifie the temple of Ierusalem, and his pallace. This is held to be the Island of Sumatra or Taprobana, being the greatest of all the Orientall Islands,The scituation of Sumatra. and is diuided from the firme land of Malacca by a strait and daungerous sea, by reason of many Islands and Cliffes that are within it. It lyeth vnder nine degrees on the South-side of the Line, which no doubt is verie rich of Mines of Gold, Siluer, and Copper. The Hollanders did touch there in their first voyage they made for the East-Indies, where the Inhabitants make excellent Brasse Peeces, and are opulent in all things. But I neuer haue yet heard of any Gold brought from thence, neither from the Island of Iaua Maior, which lyeth right ouer the Island of Sumatra, on the South-side of the Aequinoctiall Line, which may be, hereafter shal appeare; for out of all doubt, mens treasures are hourded vp in Gold in many places. It is recorded that Dauid left in Gold (besides Siluer) 180 millions sterling, according to the calculation: But Salomon left behind him but one tenth part of that, namely eighteene millions.

Siluer is alwaies found more aboundantly,Siluer Mines. because of the number of Siluer Mines found in diuers countries, and for that all Leade Mines containe some Siluer, especially the poore Lead Mines, the Ore whereof yeeldeth but small quantitie of Lead, either 25 or 30 ll weight in one hundreth of Ore; and that Siluer containeth likewise some Gold, found sometimes to be three or foure ounces in one hundreth pound weight, besides the Copper in the Siluer Ore.

The Siluer Mines of Hungarie and Bohemia, as also Sweaden, are drawne out, but do continue in Germanie (in many places) which haue properly the Siluer Ore of the Celestiall colour with fine grains glistring like little staires. In Saxonie the Mines are richer: so are the Mines of the Seuerstall Mountaines,Seuerstall Siluer Mines. which haue continually yeelded six or eight thousand pound weight a yere, but are wrought vpon at leasure.

The Mines in the West-Indies are the principall in quantitie of poore Ore, where manie hands make light worke. For the King of Spaine doth diuide his grounds by proportion to his subiects to worke for him, allowing them money and Quicke-siluer to seperate the siluer from the drossie substance, and they must pay him againe in Siluer after a certaine rate; and were it not for the quantitie of Ore, the Siluer would be verie little. For I am assured by the information of one Don Rodrigo de Cordua of the house of Toledo, a knight who had liued in the West-Indies many yeares, and attended the great Mine of Potosie,Potosie Mine of Siluer in the West-Indies. That the Ore thereof containeth not aboue 1 ½ ounce of Siluer in a hundreth: the like was affirmed by a Portugall [Page] called Antonio Diaz, who had dwelt thirtie and two yeares in the said West-Indies. I was interpreter betweene our soueraigne Lord Iames, and the said Antonio, when he made the triall of the Siluer Ore of Scotland in the Tower of London with Quick-siluer before the King, and did informe his Maiestie hereof; as also that the best Siluer Mine that euer was wrought vpon in the West-Indies, did not containe aboue eight ounces in one hundreth weight. The Mines in Germanie are farre richer:Charles Mine in Misnia. some containe thirtie and fortie ounces, that is to say, by the mixt mettall Ore, taking of it disquisitiuely, or here and there: for the blossome of Siluer appearing in some braunches is fine or better than sterling, which therfore doth not proportionate the goodnesse of the Mine; whereof more hereafter. Now leauing the Mines of the Earle of Mansfield, and others that are in Tiroll and other places of Germanie, we must not forget to giue the due commendation vnto the noble Duke of Brownswicke, that to his losse did maintaine the Siluer Mine of the Wild-man,Mines in the Duke of Browneswikes countrie. or Sauage, in his countrie, onely to set the people on worke, being indeed but a Mine of course Lead, whereof he had great store, heretofore, six hundreth weight of Ore making but one hundreth of Lead, and that hundreth of Lead hath but 1 ½ ounce of Siluer, whereof his Dollers are made; expressing the same by the Inscription (which may verie well be assumed by many, for their Posie) Alijs inseruiendo consumor, As the candle doth, which by consumption of it selfe, doth giue light vnto others. The stampe of those Dollers is a sauage man, holding a burning candle in one hand, and the trunke of a tree in the other hand, and the Emperors Armes on the other side.

Siluer Mines of Great Brittaine.I cannot therefore without griefe discourse of the Siluer Mines of this Monarchie of Great Brittaine, and heartily lament to see them lie dead and buried in obliuion, because I haue heretofore sought to aduance the working of them: for it is now about foureteene yeares since I caused diuers workemen to come out of Saxonie, Brownswike and other places in Germanie at my great charges, to the number of seuenteene persons, some for the Siluer Mines in the Bishopricke of Duresme,Richmondshire others for the Lead Mines in Richmondshire in the county of Yorke, some for the Allome workes there also, and some for the making of Steele in Wales, wherein the noble Lord Eure deceased, and certaine London Merchants had vndertaken to proceed with me. The action being applauded by a great personage then in authoritie, and now deceased, who promised all the fauour that he could do: but he had some other priuat designs herein, as he had also in the Siluer Ore of Scotland, whereof we are now to intreate: in so much, that the actions of these two Lords were like vnto Phaetons horses, for all was set into a combustion, and the poore men went begging homewards, to our exceeding great losse of the benefits in expectation, our Mines being richer than those of the West-Indies, wherof I haue made (and caused to be made) many trialls, of aboue twentie seuerall sorts of Siluer Ores. The two Mines of Muggleswike and [Page] Wardall at Duresme containe sixe and eight ounces of siluer in the hundreth, which being fallen in,Siluer Mines at Duresme. may with a reasonable charge bee brought in working, according to the information which I tooke of the inhabitants there, at which time I did intend to goe further into Lancashire to Slaithborne Mine,Slaithborne Mine in Lancashire. holding aboue foure ounces of siluer in the hundreth: but being in the Winter time, and the weather very foule I was diuerted, not without discontent, because it is the countrey where my ancestors and parents were borne.

The Siluer Mine at Combmartin in Cornewall,Combmartin in Cornewall. holdeth tenne ounces in the hundreth, where Sir Beuis Bulmer did worke for a time, which is deepe and ouerflowne with water; but there are diuers branches of that Mine running many miles off spread into the earth, and within these two years some Ore was sent me from Barnestaple of a branch of that Mine,Mines of siluer by Barnestaple lying within one foot and a halfe of the superficies, which vpon diuers trialls of one pound weight at once, holdeth by computation aboue ten ounces of Siluer, but little Lead; for euery pound did produce aboue two penny weight in Siluer, and is not difficult in the melting. The partie in whose ground it is found will not haue it touched nor medled with, fearing his grounds shall be spoiled, and the Mine taken from him, which is knowen aboue halfe a mile of one foot broad. Howsoeuer I thought good to remember this for our posteritie, for there may come a time that industrious men shall be more regarded.

It were also iniurious,Siluer Mines of Scotland. if I should not remember the Siluer Mines of Scotland, especially that Mine which lyeth in the grounds of Sir Thomas Hamilton Knight, Lord Aduocate of Scotland, within eighteene miles of Edenborough towards the sea side, discouered in the yeare 1607, by meanes of a Collier, as I am informed. In the report of the goodnesse of this Mine hath beene very great diuersitie, according as they found the Ore of seuerall veynes, as wee haue noted before, for the blossome of Siluer Ore,A singular good obseruation. or the small veynes cannot giue true direction of the richnesse of the Mine, which is the cause that the Spaniards in the West-Indies, hauing found any veyne of a Mine, they will pursue the same towards the East and seeke to find out (as it were) the Trunke or Body of the Tree, which they call Beta, saying Es menester siempre buscar la Beta de la mina, Wee must alwayes seeke after the bodie of the Mine; which may bee sometimes three or foure foot broad, when the veynes are like an arme or finger: and according to the triall made thereof they giue their iudgement, not by the triall of the subtile assay, but by some good quantitie, and increasing their said trialls by some additements fit for the nature of the mettall Ore, as they iudge the same to be. For all diseases cannot be cured with one remedie in all persons, although the disease be alike; so may it bee said of those that make trialls of the Ores of mettalls, for some trialls did report 80 pound of Siluer in one hundreth weight, others 60 ll, 40 ll, 35 ll, and 20 ll, and then it fell into ounces, which was more reasonable and naturall, as I informed then some Priuie [Page] Councellor,Triall of one tun of Ore by Sir Beuis Bulmer. and the said Sir Beuis Bulmer, whereupon it pleased his Maiestie, and the Lords of the Right honourable Priuie Councell, to appoint tenne Tunnes of the said Siluer Ore to bee brought into the Tower of London, whereof one Tunne of twentie hundreth weight was indifferently taken and calcined or grinded together, and thereunto were two Tuns of Lead added and commixed, and afterwardes molten by a continuall fire and hand-blast of foure men, according as I haue noted in writing. And there was a cake of siluer remaining weighing 17 ½ ounces, and the extraction out of the Lead was some foure or fiue ounces more; so that it was reported to bee 22 ounces in the hundreth weight of Ore, but the charge was great.

There was also another triall made by William Beale, with a farre lesser quantitie of Lead, and roasting the Ore; and by Master Broad and others, as Master Russell, who refined the same with the flag of Lead; others by Lead Ore to saue charges, and they all found aboue 22 ounces of siluer in the hundreth weight of Ore. And so did Sir Richard Martin Knight, Master worker of his Maiesties Mint, lately deceased, who deliuered vnto mee at times 20 pound weight of the said Ore, grinded, shaddered and washed, which I did send beyond the seas vnto an expert Mint-master, and withall a particular of the manner of trialls which euery man had made here; as also of the triall made by the Portugall with Quickesiluer, who found 23 or 24 ounces; his answere was, That vpon his first triall hee found 42 ounces, & of the other lesse, and that the ore was easie to be wrought (but not by the meanes that all those men had vsed) and with lit [...]le charges; and that the manner to refine with Quickesiluer, was good for poore Mines of two or three ounces, where the Ore had little or no Lead;Colour of the Ore of Scotland. and that the commixture of the Mine was very brittle, and Belmettall, and so did all the other Refiners affirme. For the said Ore doth looke betweene white and blew for the most part, and is like the Bell mettall found in good quantitie about Bristoll, which is vsed to make some kind of Alkemie beyond the seas, and this must bee allaied to qualifie the brittlenesse with some minerall, of all which I haue made a record in my Booke of Collections.

Great quantitie of Siluer Ore.In the moneth of August 1608, there came two ships before the Tower of London from Scotland, laden with some 400 barrels of this siluer Ore, in weight some hundreth tuns lading, which were there landed & deliuered vnto the Lord Knyuet, Warden of the Kings Mint, whereof 20 tunnes was taken promiscuously and grinded, and afterwards also distributed vnto diuers Refiners and others, and the triall of master Broad was best, who found 28 ounces in the hundreth of Ore. Of this quantitie Sir Richard Martin had three tuns, whereof some was sent to my friend beyond the seas: Interim, these trialls and conclusions so differing brought the said Ore (together with other proceedings) into some disgrace, whereupon (according vnto commission giuen mee) I made an offer to buy the 80 tunnes remaining in the Tower, to a great personage, to giue it for 24 pound the [Page] tun, to be transported to my friend into Holland paying readie money: time was taken to giue me an answere, and then difficultie was made, for that treasure was not to be exported, vnlesse by returning the quantitie of siluer by weight; heereupon conclusion was made to bring in so much Bullion of siluer or royalls of plate. But when all came to all, with running vp and downe, and further offering to deale for greater quantities, and to take it in Scotland I was put off with this consideration, That it was a dishonour to England, not to haue men of as good experience as any were beyond the seas, whereby the Kings losse was 2000 ll; for his Highnesse gaue the same afterwards vnto Iames Achinson his Grauer of the Mint heeretofore, who brought the same to nothing, being vnskilfull of the refining of it. And thus are good matters marred in the handling,Good matters marr'd in the handling. and workes brought at a stay or hindered, as I haue before set downe. There are many rich Mines in Scotland, if wee compare them to the West-India Mines; and in Wales,Plus Pencer que dire. where the Lead Mines are poore, they containe the more siluer of 1 ½, two and three ounces in the hundreth of the Ore, which will not yeeld aboue 40 or 44 ll weight of Lead, and the Ore of the Mine which holdeth three ounces, containeth but 25 pound of Lead. The Mines most knowne are those in Cardiganshire in Wales, where master Hugh Middleton of London Gold-smith, hath bestowed very great charges, as he did in bringing the water-workes to the Citie of London; so he bringeth now siluer to the Tower to bee minted: the Ore being foure ounces in the hundreth, or 80 ounces in the tun, and the lesse in Lead; for the richer the Ore is in Lead, the poorer it is in siluer. So one hundreth of the best Ore of Lead will make neere 70 ll of Lead, and holdeth but 1/ [...] ounce of siluer, not worth the charges of refining, as we shall declare.

The Lead Mines in Ireland, doe containe more siluer than these Mines of Darbieshire, and Somersetshire, called Peake and Mendisse Lead.

The Saxons, which were procured to come into England, had no more, no not so much experience as our refiners of London, for by sauing of Lead, they found lesser quantitie of siluer, and so all was giuen ouer.

The third sort of Mines Royall, are the Copper Mines,Copper Mines which are found also in diuers Countreys, which are not so plentifull in Hungarie (where the best is) as in times past; but are very aboundant in Sweaden, howbeit that it is very meane and inferiour in goodnesse. There are also Copper Mines in Germany, and the Duke of Brunswickes countrey: as also certaine naturall Copperas waters, wherein they cast from time to time great quantitie of old Yron, which within sixe weekes or two moneths doth transmute into Copper.Naturall water of Copperas. England hath diuers Copper Mines: at Keaswike neere Scotland are made some fortie tunnes yearely by certaine Germanes there inhabiting, it containeth some Gold. Some Mines of Copper Ore [Page] are found in Yorkeshire: and albeit the charge of making one tunne of Copper be commonly 30 ll, yet if seuen tunne of Copper Ore make one tunne of Copper, it may yeeld good benefit; for whereas 22 fires haue beene vsed, it is brought to 12. I haue seene excellent Copper Ore of some Mines in Staffordshire in the hands of master Stonewell, Staffordshire Copper Mines which absolutely is the best Ore that euer was found in England, hee doth assure mee of great store of Ore. It is lamentable that such workes should lye dead for want of vndertakers, which indeed are discouraged by the great charges: In mine opinion the charge of a tunne of Copper of this goodnesse of Ore will be made for 15 ll. There are also good Copper Mines in the West parts of England, where I haue seene good Ore in diuers places, which must be roasted to destroy the Antimonie, Arsenicke, and other corruptions which are in it.

The working of copper Ore, by Allome and Copperas water.A certaine Nobleman now deceased, was imbarked in those Westerne Mines, which were promised to be wrought by imbibition of Allome and Copperas water, and the Ore after digestion with rainewater, would make of six tuns one of Copper: hereupon (for 300 ll by him disbursed) he was offered 1800 ll. It pleased his Lordship to take my aduice, and to conclude the bargain; for when I did calculate the charge of grinding and roasting of the ore, the making of the great quantitie of Allome water and Copperas, the consumption of yron plates decreasing in weight, with all the tubs and vtensills, the long time of imbibition, and consequently workemens wages, I found the charge to exceed, and that the course of ordinary melting was to be preferred: and so experience hath since proued the same, to the great losse of the vndertakers. For when workes are clogged with immensiue charges in the beginning, it choketh the benefit euer after, as we shall presently declare. Seeing that profit is the radicall moisture of such and the like actions, his Maiestie hath beene graciously pleased, to incorporate a Companie of worthy persons,The Compa [...]ie of Royall Mines. for all Royall Mines, by Letters Pattents, and hath reserued but one fifteenth part to himselfe. But there is none of that Companie that doth aduance any works, that I can learne. I would to God that the Mines Royal or others, would proue to be worth ten thousand pounds yearely, and aboue; whereby his Highnesse (according to the ancient Maxime of the Law) might claime his interest as they say; for it is well knowne how gracious and bountifull his Maiestie is alwayes.

The great wealth of the West-Indies would not bee so admirable vnto vs,A Spanish Million, is 300 thousand pound sterling. the Report whereof is greater than the Truth; and the Spanish Millions are not sterling Millions: Neuerthelesse let vs reckon them with the most, which is three hundreth thousand pound sterling. And when the Fleet of the West-Indies, and Noua Espagna bringeth eight or nine Millions, it is a great matter. And to make this apparant, I haue heere set downe the greatest Treasure that euer came at any one time, which was in the yeare 1587, as a prouision for the great Armada then preparing: whereunto [Page] unto great beneuolences had beene gathered, in regard of the meritorious action, which God from Inuincible made Inuisible. The Register of the treasure was (with the most) namely,

From Noua Espana and Terra firme.

For the King.

8100 Ingots of Siluer.

12 Chests with Gold.

300 thousand Royals of eight.

20 Cases with Pearles.

1 Chest with Emeraulds.

5600 Roues of Cutchenille.

For particular persons.

A remembrance of the great [...]st reuenue of the West-Indies.

5 millions Teasted siluer.

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. (*⁎*)

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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 Brown [...]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 abo [...]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 [Page] 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 i [...] 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 Sp [...]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 [Page] 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, that our Yron is best for the casting of Ordnance, and that the Sweaden cast Yron Peeces are brittle, and commonly one in seuen will not abide the triall; and of late the broken peeces of ours are made seruiceable for Yron in bars to be cast againe.

Quicksiluer Mines.Mercurie or Quicksiluer naturall, is not yet found in England, but onely in Germanie in verie cold places: and within these thirtie yeares there are two Mines of Q [...]icksiluer discouered in the West-Indies, which is a helpe to the quantitie which they yearely buy to refine their Siluer Mines.

Sulphure Mines, or Brimstone.Sulphure or Brimstone being found in diuers countries, cannot be better than we haue in some mountaines in Wales, from whence I haue had diuers sorts of Sulphure earth or mine verie rich. Some there is also in Blackemoore and Basedale in York [...]shire; as also many other Minerals which my workmen did shew me,Minerals of diuers sorts. as Terra sigillata, Oacre red and yellow, Bole Armoniacke, Tera d' Vmbra, Antimonie, Salniter, Blacke lead, Vitrioll to be made of Copporas: to say nothing of such things as are made of Mettals, nor of Salt-peeter, which is plentifull.

Allomes are made o [...] stone, slate, and earthAnd now I cannot omit to treat of the Allomes, whereof in many countries great store is made: but the best is at Ciu [...]ta Vecchia in Italie, called Romish Allome, made with small charges, out of a kind of stone which yeeldeth aboue the one halfe of Allome without vsing any vrine or saltish mixture, as they do in Germanie, where they haue both red and white Allome at reasonable rates: so they haue in many places of the Straits at Constantinople, Carthagena, and other places; Sweaden and Poland are not without it.

In Scotland and Ireland great quantities can be made, had not England vndertaken so much, whereof I haue set downe the originall, progresse, and continuance concerning those workes at large, the substance whereof followeth in briefe.

Queene Elizabeth of blessed memorie, did in the sixt yeare of her raigne grant by Letters Pattents, vnto one Cornelius de Vos, the sole [Page] making of Copperas and Allomes within the Realme of England, which was assigned by him to Iames Lord Mountioy, and being renewed for twentie one yeares, was confirmed vnto him by an Act of Parliament, by vertue whereof one master Lane, his workemaster, made great quantitie of Copperas in Dorsetshire, and the Isle of Purbeke, and some Allome and Copperas was then sold at 30 ll the tun, now vnder three pounds.

Afterwards about the yeare 1604, one master Atherton beganne to practise the making of Allomes in Yorkeshire, about Gisborough, with whom one master Bourchier, now Sir Iohn Bourchier Knight, did ioyne to bring it to some perfection (in hope whereof, and at the sute of the said Sir Iohn) the King in the fourth yeare of his raigne, granted certaine conditionall Letters Patents, to the Lord Sheffield President of the North, Sir Thomas Challoner, Sir Dauid Fowles Knights, and the said master Bourchier, for twentie one yeares, for the sole making of Allomes in Yorkeshire onely, where (in building of seuen houses and the vtensills for working and charges,Aboue Black [...] Moores. with other extraordinaries) they were out of purse in two yeares, some 33 thousand pounds, and could proceed no further without bringing in new men; for some of the other gaue ouer in time, and would proceed no further, although the Germanes were now come, which they had sent for.There are rich Allome Mines in the Isle of Wight. Hereupon other Letters Patents were obtained for thirtie one yeares for all England, Scotland, and Ireland, without conditions, and then they were out aboue 40 thousand pounds, and no Allomes made to benefit, although the price was raised at a certaintie, and all forraine Allomes prohibited to come in. And his Maiestie hath beene pleased to enter into the said workes, and layed out so many thousand pounds, as is not fitting to bee expressed. Thus by ouercharging the work [...]s in the beginning, are good businesses ouerthrowne; many are the particulars which I haue obserued in writing concerning these workes. But leauing this, I wish good successe therein, for there is Allome earth enough to continue for euer, and in places West-wards as good and better than any in Yorkeshire.

Now from the Mines of Gold, being fallen to Allome and Copperas, let vs end with the Coale pits or Coale Mines;Coale Mines. whereof they make more account in the North, than of Lead Mines, and yet they are aboundant, more than in any countrey of the world. In the lower parts of Germanie, about Acon and Collogne, they haue great store of Sea-coale, but it doth not cake as our Coales; they melt great quantitie of yron stone with it, being like vnto the Coale in Nottinghamshire, or thereabouts, which flameth more, like vnto the Scots Coales. To know the goodnesse of the diuersitie of our Coale, I haue noted in the fourth Chapter of the first Part of Weights and Measures, and now I am to shew how Mines may bee wrought to benefit and profit, for the good of Merchants and others.

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CHAP. IIII. Of the profitable working of Mines.

PHillip the second, late King of Spaine, perceiuing that many blind Bayards were ouerbold to vndertake the working of his Mines of Siluer in the West-Indies: and yet considering on the one side, that without authoritie and priuiledge they could not bee incouraged thereunto; and on the other side (hauing obtained the same for certaine allotted grounds vnto them) they did hinder other men, and themselues proceeded not; did very aduisedly make all his Letters Patents (as wee call them) conditionall with a Prouiso,A good prouiso in Lettets Patents for Mines. That if the Patentees did not proceed in the workes, or discontinue the worke for two yeares, the Patent was void of course, and vpon Certificate made of it, the King made new Grants vnto others. If our King were pleased to doe so, many Grants or Leases made by the Companie of the Mines Royall would be made void, and other men would be incouraged to trie their fortunes vpon them.

The next consideration concerning Mines, Mettaline and Minerall is, That the workes in the beginning be not choaked or suffocated with extreame charges and expences, which doth discourage the vndertaker and all others, whereby the works are giuen ouer, or meanes are deuised to charge Princes Coffers with them. For it is true, That things doe prosper best when they are vnderpropped by authoritie it selfe; which to doe in the beginning were more profitable, than when the charges and expences haue ouerburthened them. For preuention whereof, I made a contract for the Lead Mines in the North parts, which being imitated shall cut off all such charges as commonly the parties doe runne into in the working of Mines, vpon the conceited benefit which draweth more violently than the Adamant stone. For as the Portugall Antonio Diaz told the King, Todos los mineros son Ricos, porque quando no lo tienen en sustansia, tienen lo enel animo: All Miners are rich, for when they haue it not in Substance, they haue it in the Mind. The obseruation alreadie noted, concerning the running waters about Mines, must not be forgotten. [Page] The Contract before mentioned was in this manner:A profitable Contract. The Mine to bee wrought, and the Ore to be diuided into fiue parts: The owner of the ground or the lessee, to haue one part of the Ore shaddered and washed readie to be molten, and hee to redeliuer the same in the nature and qualitie aforesaid, and to be paied for it euery 3 moneths, paying for euery load twentie shillings. The workemen in like manner to haue another fifth part, and to bee paied accordingly euery weeke. The other / 35 parts to be for the vndertakers, and they to content the Parson for his tithes: by these meanes a man is sure to haue ware for his money, and then to make Furnaces to melt 36, or 40 hundreth at one time, as hath beene touched. For to enter into charges before you haue good store of Ore aboue ground, is needlesse; herein obserue also to work from East to West, or from West to East, vnlesse you find the scituation of the Mine to be such, that being troubled with water, you may make entrances in the lower parts therof to auoid the same. If your lead do containe siluer, although it were but an ounce in a hundreth, you may worke it to benefit if you preserue your Lead by making of an Yron Cap ouer your Furnace to be drawne vp and downe to receiue the vapour of Lead, which falleth downe againe, whereby the losse of aboue 200 ll weight in one tun will decrease to 80 ll, or thereabouts, and if you haue vent enough for the Litargium, which is your Lead,Litargium of Lead. as it is cast vp by the Footblast, or otherwise being red to paint withall, then may you make profitable worke euery way. For Copper, obserue your roasting, to purge your Antimonie and all other corruptions, let not the glistering colour of Marquisite deceiue you, it is but smoake and scurffe. And although Antimonie will bee the eldest sonne of Sol, and contend with Sulphur and Mercurie, hold him for a bastard; the thrift, is in ponderous ore for copper, and with a reasonable quantitie you may trie your workes, before you bee at charges in landing of your Ore, and to know how many fiers will bee requisite to make one tunne of Copper, and then land great quantitie of Ore, according to our former contract: If you are not sure of it, let others beare charges and labour with you, and so shall you not ouercharge the worke, but rather find meanes to lessen your charges. The Lead Mines in Wales containing two or three ounces of Siluer,How to refine [...]iluer by Mercurie. may (in my opinion) bee wrought to great profit by the meanes of Quickesiluer, being roasted by reflection of the fire, and grinded. To the furtherance whereof, I haue thought good to set downe the manner of Potosie Mine in the West-Indies, and as the Portugall did the Scottish Ore; hee did take to one hundreth of the mettall prepared, betweene 12 ll and 15 ll of Quickesiluer, with salt and vinegre; and so sprinkling the said Quickesiluer through a linnen cloth, still vsing a reasonable quantitie of salt (which diuideth the Lead from the Siluer) and vinegre or strong water (but that is costly) he did leaue these substances together 24 or 25 dayes, euerie second day stirring the same with a staffe, in which time or lesse (according to the Minerall) the Quickesiluer [Page] doth deuoure or eate vp the Siluer, and leaueth all the other commixture: then by straining the said masse, the Quickesiluer goeth thorough, and there remaineth a Paste in diuers Balles, called the Almond Paste,To be done by retorts of earth. which by a limbecke receiuing fire, causeth the Quickesiluer to subleme, and falling downe by the necke into the water, which is in the receiuer stopped close, taketh his bodie againe in the said water, and the Siluer remaineth pure, which commonly is not aboue one fourth part of the weight of the said Paste; your Quickesiluer serueth againe, and there is not lost aboue sixe pound in the hundreth of Siluer: he said also, That hauing once two or three moneths before hand, the Mineralls thus prepared or decocted, himselfe and foure men could refine ten tunnes of it in a day, which is admirable. But these men are like trauellers that sometimes may speake an vntruth, Cum gratia & Priuilegio. Neuerthelesse, considering that Potosie Siluer Mine holding but 1 1/ [...] ounce of Siluer is but 30 ounces the tunne, which at 5 ss is but 7 ll 10 ss 0, and the losse of the Quicksiluer and all charges deducted there will remaine but little, vnlesse the quantitie of tunnes to bee done in a day should counteruaile the same, to prouide yearly against the comming of the Fleet, although (as I haue said) many hands make light worke, and light gaines and often doth fill the purse: and if the workemen should returne one pound of Siluer for euerie pound of Quickesiluer, there would bee aboue tenne for one, and they to liue by the ouerplus of it.

CHAP. V. Of the Nature of Gold, Siluer▪ and Copper, and of the Moneys made thereof.

FRom the transcendent contemplatiue studie of Philosophers, of vapours and exhalations, to the Essence of Sulphur and Mercury generated into Ores of Mettalls, Wee haue produced, Gold, Siluer, and Copper to the Mint to be conuerted into Moneys. To which purpose let vs now examine the nature of them, and (by inuersion) coyne first Copper, then Siluer, and so come to Gold, according to the beginning of coynes made by the ancient Romanes: notwithstanding [Page] standing, that at our comming to the Mint we saw nothing but Gold coyned, whereupon we do remember the verses which were made at their first coyning of Gold.

Aera dabunt olim melius, nunc omen in Auro est:

Victa (que) concessit prisca Moneta nobis.

Such is the qualitie of fine Gold (by reason of the equall proportion of the foure Elements therein,The qualities of Gold. that none is predominant ouer the other) that the fire doth not consume it, being also hot and drie of nature, neither is it subiect to any other Element, for there is no rust or scurfe that doth diminish the goodnesse, or wasteth the substance; it doth abide the fretting and liquors of salt and vinegre without damage, which weareth any other thing; it needs no fire to be made Gold, as other mettals do, for it is gold as soone as it is found; it draweth without wooll, as it were wooll; it is easily spread in leaues of maruellous thinnesse; you may adorne or guild any other mettall with it; it is not inferiour for making of any vessells; in colour it resembleth the Celestiall bodies; it defileth not the thing it toucheth, as Siluer and other mettals; it is not stinking in smell; the spirit of it can by art be extracted, and the bodie (being as red earth) can neuer be moulten without the spirit be againe added thereunto,Difference between naturall and artificiall Gold. as it were infusing life: and lastly, it is medicinable and maketh glad the heart of man, which artificiall Gold doth not, neither is it corrosiue as this Gold is, so that a scratch of it will hardly be healed.

But for our purpose of moneys (being soft, and onely hardened by the ayre, deafe in sound, and ponderous in weight) it requireth to make Crowne Gold fit for moneys and workes to haue some allay of Siluer and Copper mixt, which is 1/12 part: howbeit, that moneys are also made of fine gold, wherein (for obseruation sake) we ascribe halfe a graine of allay in twentie and foure Carrats. It hath also by reason of his hot and drie qualitie a propertie, That filling a cup with wine to the brim, yet you may put ten or fifteene peeces of Gold coyned into it by little and little, without spilling, as it were apprehending and clasping the liquid qualitie of the wine.

It is held for certaine, that the Salamanders wooll,Soda bariglia, or Massacote. and Alumen Plumosum are not subiect to fire, yet are they subiect to corruption.

The stuffe called Soda Bariglia, or Massacote whereof Glasses are made (which stuffe is burnt of certain sea weeds, as we know & daily may see in the Glasse-houses) is not subiect to fire, but altogether to the ayre: But Gold is permanent. Here now ariseth a question, How it was possible that Archimedes Geometricall triall (so much celebrated by Antiquitie) can be sure, seeing Gold hath that attractiue power to retaine so manie peeces of it in a cup of wine? For the King of Aegypt being deceiued of his Goldsmith in the making of two Diademes or Crownes of Gold, whereof the one contained [Page] much Siluer) was desirous to know the falshood without breaking of them:Archymedes triall. Sixteen pound of Siluer did spil thirtie and six, and sixteen of Gold did Spill but twentie, and the Crowne twentie and foure, so it was 13 [...] Siluer, and 4 li. of Gold. whereupon Archymedes caused two vessels to be made of one equall bignesse, with receiuers vnder them, and caused them to be filled brim full with water, and therein he did put these two Crownes a sunder, and gathered vp the water verie circumspectly, whereof one of the vessels d [...]d spill more than the other; according vnto which, by Arithmeticall proportion grounded vpon the Geometricall obseruation, he found out the difference betwene the quantitie and we [...]ght of the two waters, and consequently how much Siluer there was put in, in one of the Crownes, in the hew of Gold, which if they had beene both falsified, he could neuer haue found it: for the difference came to be knowne by the bulk or bignesse which caused the more spilling, and the matter was visible in some measure. For I haue obserued by my Instrument made for proportions,Proportion of vo [...]ume [...] Gold, Siluer, and Copper. That the difference in bulke betweene Gold and Siluer is as fiue to nine, and betweene Siluer and Copper as eleuen to thirteene; that the bodie of Copper is bigger than Siluer, Lead to Siluer as from fifteene to foureteene. Tin is lighter than Siluer, and doth differ from it as nine to thirteene, and from the Gold as seuen to eighteen. Yron differeth from Siluer as foure to three, and from the Gold as six to nine, the bodie of gold is lesser. Quicksiluer commeth neerer, and doth differ as three to foure.

But to resolue the question, we must note the diuersitie of the intentions, which were meere contraries; for the one had an intention to spill, and the other to keepe it from spilling, whereas also between the operation of wine and water there may be a difference in this triall.

Thus much concerning the nature and qualitie of fine Gold, wherunto Lead commeth neerest for ponderositie of weight, bignesse of volume, and deafenesse of sound, as fittest for protection.

The nature and qualitie of Siluer is like vnto the Moone,The qualitie of Siluer. that is, cold and moist; the Sulphure of it white and corrupt, and falling away, as you may see by drawing lines vpon a paper. Betweene the Planets Sol and Luna you haue Venus the Planet of Copper, to allay the same, although Mercurie bee betweene them, which being fixed, ioyneth with any mettall. Copper doth harden the Siluer, and yet as the weaker of the two, is soonest corrupted and consumed for it is in mettals according to the Prouerbe, The weakest goeth to the wall, and the Allay of Copper is done for the preseruation of Siluer. The first moneys,Sicle is halfe an ounce of Siluer. or the Sicles of the Hebrewes was pure siluer weighing halfe an ounce, which was deliuered by weight, and cannot properly be called money, for there was no print vpon it: and being allayed with Copper it hath a smel,The qualitie of Copper. for the Sulphure and Antimonie of Copper (being red and corrupt) hath a strong smell, which may (by heating it) be sooner discerned by rubbing: and howsoeuer there are many blanchers for Copper, the best of them all in time will appeare in his colour, being not throughly fixed. The nature of Copper is [Page] also cold and moist, and being commixed and augmented with the Calamine stone and lead maketh the yellow brasse,Yellow Brasse. and increaseth the volume from eleuen to fifteene, whereas (as wee haue said before) betweene Siluer and Copper, it is but eleuen to thirteene, which causeth the counterfeiters to be encouraged, notwithstanding the smell and rednes of the colour:Allay of Gold. therefore in the allay of crowne Gold, the Mint-masters in Fraunce and England, do take halfe Siluer, and halfe Copper, which maketh the higher colour of Gold. But in the Low-countries and Germany they take three parts Siluer and one part Copper, which maketh the difference betweene the colour of their crowne and ours, and is the reason that our Gold will sooner weare away than theirs.

We haue alreadie declared the true deriuation of moneys, called by the Romanes Pecunia, of Pecus pecudis, not Pecus pecoris; for they coyning first Copper moneys (and as it should seeme, the wealth of man consisting most in cattell, as in the time of Iob) caused Oxen, Sheepe, and the like cattell to bee stamped vpon their coynes of meere Copper, whereof their Exchequer was called Aerarium, Proportion which was betweene Siluer and Copper. being then in greater estimation: for the proportion or value in the time of Numa Pompilius was ten of Copper to one of Siluer, and ten of Siluer to one of Gold, which now by the aboundance of Copper is much altered, notwithstanding the Copper moneys vsed in all countries in some reasonable measure. But in Spaine, being (as it were vnto vs) the fountaine of Siluer and Gold, there it is vsed immoderately:Copper moneys of Spaine and Portugall. for they haue so many millions of Copper moneys in foure and eight Maluedies and otherwise, and in Portugall of Vintenis, Patacois of so many Reas, that the halfe Ryall (which is our three pence) is onely of Siluer, and all moneys vnder it are meere Copper, without any mixture of Siluer. This quantitie is almost incredible, for it is not many yeres since during the Kings raign of Philip the third, that certaine Italians (finding fault that his Octauos and Quartillos were too big) gaue the King sixe millions of Ducats to coyne them at halfe the weight, within a time limited, and as many as they could vtter within that time; Necessitas non habet legem, is true in some respects.

The Venetians also coyne meere Copper moneys,Copper moneys of the Venetians. they haue Sessini which are valued at two Quatrini, and three Quatrini are one halfe pennie sterling; for six Quatrini are one pennie. Bagatini they haue also, whereof foure make one Quatrini, and twentie and foure Bagatini make one pennie sterling by calculation.

In France they haue Mailles, petit Deniers, Deniers, Doubles,Of Fraunce. and Liarts, & in times past, most of these had some Siluer in them: but vpon due consideration (that it was so much Siluer wasted, because the charges of refining did surmount the value, and that these moneys did serue for the commutation of pettie things and trifles) they haue saued that Siluer.Of Germanie. The like they haue done of all the small moneys in Germanie: but they cause them to be Alkimed like Siluer, which is [Page] done with Tin and Sal Armoniake after they be coyned, which holdeth fairer for a longer time than the moneys of siluer allayed with much copper, being in a maner incorporated with the copper, and taketh away the smel of it. Such are their Hellers, Albs, Hallincke, and the like small copper moneys.

Of the Low-countries. In the Low-countries they haue Duyts, Mites, Negemanckens, Ortkens whereof foure make a Styuer, and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling; eight Negemanckens and twentie and foure Mites for one pennie also. In some places (as in Flanders) the Mite is called Corte, and in the Wallone countrie Engcuni, and in other places Point, Pite, Poot, being all subdiuisions of Obolus, or the halfe pennie.

Of many other kingdomes and states gouernment.In Bohemia, Poland, Sweaden, Denmarke, East-land, and many other Kingdomes and States they haue meere copper moneys tedious to describe; likewise in Italie in their seuerall principalities and dukedomes.

Of Scotland.In Scotland they haue Turnoners, and pence, and halfe pence in their names, and much base money of Achisons, Plackx, Babyes, Nonsuits,Of Ireland. and the like. In Ireland they had in Queene Elizabeth her time halfe pence, and pence of copper, which are most of them lost and consumed.

The necessitie of these small moneys did appeare here with vs in England, where euerie Chandler, Tapster, Vintner, and others made tokens of lead and brasse for halfe-pences, and at Bristoll by the late Queenes authoritie,Farthing tokens in England. were made of copper, with a ship on the one side, and C.B. on the other side, signifying Ciuitas Bristoll: these went currant (for small things) at Bristoll, and ten miles about. Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall, which farthing tokens (being made (by Engines) of meere copper in the yeare 1613, with certain cautions and limitations) haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland, and on the other side the harpe for Ireland, and the inscription of Iacobus D.G. Magnae Britt. Fra. & Hiber. Rex. And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations, but also to be a great reliefe of the poore, and means to increase charitie, without which many of them had perished, euerie man hauing means to giue almes, euen the mechanicall poore to the indigent poore.

Siluer moneysTo come to the coynes of siluer, we haue also noted, that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome, which was in the yeare 3695, from the beginning of the world, being now about 1900 yeres since: and by some coyns & models extant, the goodnes of it was sterling siluer being aboue 11 ounces fine, since which time many are the standards of siluer moneys made in diuers countries according to occasions, both in time of [Page] peace and warres, as you may find in the following Chapters, where wee haue reduced them from the marke weight, vnto the pound weight Troy of twelue ounces: And concerning the Moneys of England of the sterling Standard, more followeth hereafter.

The Moneys of gold were but made when the Romanes had taken great wealth from all Nations,Gold Moneys. and was sixtie two yeares after their beginning of the making of siluer Moneys, and they were of fine gold; since which time also, there haue beene many Standards made of gold, and that from about twentie foure carrats fine, vntill seuen carrats, &c.

CHAP. VI. Of the Officers of Mints.

THere are diuers Officers in all Mintes: The principall Officer is the Warden of the Mint; next is the Mint-master: the one to looke to the making of Moneys compleat, according to the Standards, and the other with his workemen (called Monyers) to make them: Then there is the Comptroller to keepe the Contrebookes for the Prince & State, to see the bullion receiued, and the assayes made thereof, and the compleat moneys returned for the same, weight for weight, paying coynage money forthe same, which is done by the Warden, by the said moneys in specie, as they were coyned at the first. There are commonly two Assay-masters, one Grauer, and his deputie; one that keepeth the Yrons to deliuer them to the Monyers, or the Prouost or chiefe of them, to see them euery night returned againe: then the Sincker, Smith, Porter, and the like in their places; all these haue wages for themselues, or allowances yearely from the Prince or State. The Mint-master and the Monyers, are paied for euery pound weight they make, whereof 30 ll weight they call a Iourney. The Tellors Office is but vsed in England,The Sheyre booke of Moneys. which the Wardens deputies execute in other countreys, to keepe a Sheyre Booke of the peeces contained in the marke or pound weight, although the money be deliuered by weight and not by tale. For although there be, suppose eight or ten peeces ouer in 100 ll by tale, it doth incourage the bringer in of Bullion; for the [...]act sizing is not so much to be regarded vpon the totall in quantitie, as vpon the equalitie of weight in peeces: for it happeneth sometimes, that one shilling [Page] will weigh one farthing or halfe penny more in value by the weight, than an other;The cause of culling of money. whereby moneys are culled out and transported, and the light peeces remaine amongst his Maiesties subiects: Goldsmiths also wanting Bullion, must melt such monies downe to make plate of.

The Bullion which is brought in, or forraine coyne either, is alwayes lockt vp in great chests, or inclosed places vnder three keyes, namely, the Wardens, the Mint-masters, and the Comptrollers: at the dayes of Receits which are obserued in the Tower of London, Saturdayes and Mondayes, and then the Officers haue their dyet in the place, the one halfe at the Kings charges, and the other halfe at the Mint-masters charges, who is called by some, Master-worker of the King moneys, Vel Magister operarius: and betweene the Warden and him, there is commonly emulation and necessary discord; like vnto that which Cato vsed amongst the seruants of his family, which hee did compare to the stones of a vault, which by striuing doe vphold the building, and made him to bee more quiet and regarded.

Suppose now that we are come to the Mint to see moneys made of our Ingots of Gold and Siluer, and one of the Assay-masters commeth vnto me and saith, Sir, I haue read that all things are gouerned by Number, Weight, and Measure; What say you to finenesse of Gold a [...]d Siluer? I do aske him first, What he taketh finenesse to be? he doth answere me, That it is a Mysterie, and that the studie of it is as intricate, as the Transubstantiation of the Papists Sacrament, as you may perceiue (saith he) by the controuersie betweene the Warden of the Mint, and the Mint-master, concerning the Standards of the sterling moneys of Siluer, and the base moneys lately made for the Realme of Ireland, which is grounded vpon the finenesse of the bullion reported by triall of the subtle Assay, whereunto I doe reply, That plaine things may be made intricate,Finenesse of siluer what it is for finenesse of Gold and Siluer is properly fine Gold and fine Siluer, and this is knowne by weight, which I doe thus demonstrate in the Siluer for both: Posito, that this peece of Siluer is fine Siluer, without any mixture of allay, and weigheth one pound weight of twelue ounces Troy: I hope you will call this to be twelue ounces fine, because it weigheth twelue ounces, which is the pound weight and finenesse also: now take away one ounce of this fine Siluer, and put so much Copper vnto it to melt them downe, as maketh vp the said pound againe twelue ounces in weight, you (knowing that there was but eleuen ounces of fine Siluer remaining) will make no difficultie to affirme that this is eleuen ounces fine Siluer, and one ounce of copper in the pound weight, and put the same to the triall of your subtle Assay and you shall find it so; is there any Mysterie in this? and he saith no, as I did propound it; and so is it if there be more or lesse allay in the pound weight accordingly: for the pound weight doth proportionate the whole masse, ingot, or lumpe of bullion call it what you will, as in the next Chapter of assayes shall be made more apparant. But, saith he, This [Page] doth not cleere in my vnderstanding, the businesse which is in controuersie betweene the Warden and the Master worker: for the Copple or Teast doth drinke in some two penny weight of Siluer with the Lead, and so there is so much hid from report:Drinking in of the Teast or Copple. for the Bullion is that which maketh the moneys, and not the Siluer of the assay: So that the said Bullion is finer in euery pound weight two peny weight, in value six pence halfe penny, and the twelfth part of a halfe penny; which is the cause, that the Master worker (being subtile and cunning) doth put into the melting pot,Two penny weight of copper put in the commixture. Account charged with two penny weight of siluer, in euery pound weight. Melting Book. Indentures. Base moneys is eight penny weight in the pound of siluer Bullion. two penny weight of Copper in euerie pound, whereby he gaineth the weight of so much sterling Siluer; now this gaine is the Kings, for with his Highnesse moneys, this Bullion is bought of the subiects. And therefore the Warden doth charge the Mint-masters account with two penny weight of Siluer in euery pound weight, and alloweth the same vnto the King, for the Mint-master is to account by the melting booke, where this allay of Copper is entred, according to the Indentures betweene the King and him. And so in the base moneys made for Ireland, whereof one of Siluer maketh foure of that moneys, he is charged in account eight penny weight of siluer, for euerie pound of the siluer Bullion: for the commixture of two ounces eighteene penny weight of siluer, and nine ounces, two penny weight of copper is found to answere that Standard of three ounces fine: And so doth eleuen ounces of siluer,Standards sterling, and Irish. and one ounce of allay answere the sterling Standard; for there is great consideration to be had, in the calculation of the siluer Bullion to the fire and from the fire:From the fire, and to the fire. for eleuen ounces from the fire is set downe for Standard, to passe according to the indented triall peece, made by the sworne officers, or refiners, and assay-masters,Indented triall peeces of siluer sterling and Base. Commixture. thereunto heretofore appointed, whereof my selfe was one; which indented peece wee haue commixed accordingly of fine siluer, refined vpon a drie teast, and good copper or allay, and the same wee haue diuided into three parts; one part to remaine in the Kings Treasurie at Westminster, another part with the Warden of the Mint, and the third part with the Mint-master to make the moneys thereby, and all these things are done very orderly. There is no reason that the Mint-master should pocket vp this benefit, which commeth almost to tenne thousand pounds, and would haue been much more, if it had not been spied out in time for the Kings seruice. And then he concluded his speech with an affirmation, That hee could take the said two penny weight of siluer, out of the copple, which had drunke vp the same, or within a little lesse of it; whereunto I made him such an answere, as I had oftentimes vnderstood of the Mint-master, and partly of mine owne knowledge concerning assayes, which I had obserued and knowne aboue fortie yeares, my father also hauing beene a Mintmaster, and I told him that all his allegations as abouesaid, should and could be very well answered: For albeit that hee had alleaged many things concerning the State of the matter in question, I would (according to the course of the Common Law) ioyne issue vpon one [Page] peremptorie point, to be tried by all vnderstanding men: to which end I told him, That in Germanie and the Low Countreys there were certaine officers,Generalls of the Mints bey [...]nd [...]he Seas. called the Generalls of Mints, which did determine such and the like questions and controuersies, arising between the Wardens and the Mint-masters, which were men of great knowledge and experience in Mint affaires, and had from the Prince large stipends giuen them for to attend these M [...]nt businesses, when the trialls of pixes; or of the boxes are made, and the Mint-masters make their accounts with the Prince: Hereupon the said Assay-master, according to his courteous behauiour, was very well pleased to heare me (as he said) in fauour of Iustice and Truth. And so I began to answere gradatim and articularly, as followeth.

Drinking vp of the copple admitted.First, concerning the drinking vp of the copple; albeit that it appeareth vnto me (by certaine testimonialls made beyond the Seas, by Generalls, Wardens, Mint-masters, and Assay-masters) that if a copple or teast be well made it drinketh not vp any siluer at all: yet I will admit that it doth so, because you are so confident, that you can take it out of the copple, or the most part of it, and so I will proceed.

Two penny weight of copper acknowledged to be put in.Secondly, I do acknowledge that there is two pennie weight of Copper put into the melting pot, as you say, for it is commixed at twentie pennie weight, which is a f [...]ll ounce, where the standard requireth but eighteen pennie weight: but this is done to counteruaile the wast of Copper, which commeth by melting of Bullion, remelting of the Brocage and Scizell, and by working, hammering, often nealing and blaunching of the moneys, whereby the moneys grow better in finenes than they were at the first melting, because so much and more copper doth waste;Wast of copper counteruadeth the copper put in. and can it waste lesse than ten ounces in one hundreth weight? No surely, which is the cause that the red Booke in the Exchequer for Mint affaires admitted this two penny weight for waste, which is but ten ounces in the hundreth. And to say that this two penny weight of siluer is the cause that the Mintmaster putteth in two penny weight of copper,Vnequall proportion. it carrieth not any proportion to put one for one, when the mixture of the Standard is eleuen to one. But you reply vnto me, That the Mint-master is to beare all wasts, and therefore must answere the same, and be charged in account for it; I answere, That the accounts of all Mints are made only vpon the finenesse of moneys by their weights, and that it was neuer otherwise vsed in England vntill this day:All accounts are taken vpon the fine matter onely. and if the Warden will bring a new manner of account than euer hath beene taken according to the Leidger Booke of the Mint, and the Comptrollers Booke: then the M [...]nt-master is to be charged with euery thing in his proper nature, siluer for siluer, and copper for copper; otherwise it were better for him not to put in any copper, than to be made to answere siluer for it: But the Mint-master must hold as well his allay as his fine siluer,Allay to be kept. according to the statute 2. H. 6. ca. 2. and in doing otherwise, by not putting in of this two penny weight of copper, [Page] the moneys would be too fine, and the Master might incurre fine and ransome. Therefore all Mint-masters doe worke according to their remedies, and they do beare all wasts incident and casuall, as if some ingots were falsified with copper within, as hath beene found at the Mint, the Mint-master must beare the aduenture of it,Hazard of Mint masters. for Princes will be at a certaintie: which is the cause that the Mint-masters may commix at their pleasure thus farre, as the sixteenth Article of the Indenture declareth, That euery pound weight Troy shall bee in such sort commixed and melted downe, that at the casting out of the same into ingots,The Inden [...]u [...]e of Eliz Reg. xluj. it shall be and hold eleuen ounces two penny weight of fine siluer, and eighteene penny weight of allay, euery pound containing twelue ounces, euery ounce twentie penny weight, and euery penny weight twentie foure graines, according to the computation of the pound weight Troy of England, which eleuen ounces two peny weight of fine siluer, and eighteene penny weight of allay in the pound weight of Troy aforesaid,The old right [...]erling Standard. is the old right Standard of the moneys of siluer of England: and (that the commixture of the Mintmaster hath beene done accordingly, so that it was found so at the casting out) you best know what made the assayes thereof from time to time. As for your Melting booke where the allay is entred, if you will charge the Mint-master thereby, let it be done distinctly for siluer, and copper, or allay in his proper nature as is said before, and then the controuersie is ended. Now let vs come to the Standard of the Base moneys made for Ireland: I am sure there is not two penny weight of copper put in, as in the sterling Standard;Siluer taken out by diuision o [...] the standard of Base monies but there is two penny weight of siluer by computation taken out, in euery quarter of a pound of siluer, which as you say is eight penny weight of siluer in the pound weight; why should the Mint-masters account be charged with this, where siluer by the diuision of the proportion is taken out, and two ounces eighteene penny weight, are taken for three ounces from the fire, as the Indenture declareth? Shall a Mint-master commixe and melt by prescription, or suffer other men to melt it for him, and yet be made to answere for the finenesse of moneys according to an indented triall peece, made of refined fine siluer (as you say) and receiue neither siluer answerable in finenesse, nor the quantity which he ought to haue allowed him according to the Standard▪ I am sure that in the making of these moneys,C [...]ea [...] wast of copper. there hath beene aboue fortie ounces of copper wasted in one hundreth weight of the moneys made thereof, whereby the Bullion is growne finer, that is to say, These fortie ounces of copper being wasted, haue left the siluer behind, wherewith they were commixed at the first, and so is the said whole masse or bullion so much finer and richer in the proportion, which Arithmeticall distribution doth demonstrate vnto mee,Demonstration Arithmeticall. and in this ingot of course siluer may prooue it vnto you: let vs suppose it weigheth 16 ll, and containeth 4 ll of siluer, and 12 ll of copper, and so may we say it is the fourth part siluer; if this ingot now should be made to decrease or diminish 4 ll of copper, and so it [Page] should weigh but 12 ll, and therein still containe all the foure pound in Siluer; may not we iustly call this to be richer, and say it is one third part of Siluer? and yet there is no more Siluer than before, and this wee call growne in finesse by the decrease of the masse or proportion: and so two ounces eighteene pennie weight of Siluer, commixed with nine ounces two pennie weight of Copper made into moneys,How Siluer doth increase in finesse. becommeth to be three ounces fine by the melting of the bullion, remelting of brocage and scizell, and by the working, hammering, often nealing and blaunching, which alwaies in base moneys is verie great, as experience hath proued; call you this poketting vp of almost tenne thousand pounds? Well I am content to ioyne my issue hereupon, and to proue that the Mint-master hath not pocketted vp any benefit or gaine at all by this finesse of Siluer hid and vnreported in the bullion,Aboue nine thousand pound. but that he hath beene a looser of so much as hath beene taken from him, by making him to answere Siluer for Copper. The commixture of these two standerds are contraries, and contraries to worke all one effect, is strange vnto me: with that he desired me to go with him to the Assay-house to see the assays made of our Siluer and Gold, and there to end our discourse, whereof he seemed vnto me to be verie desirous.

CHAP. VII. Of the Assayes of Bullion and Moneys.

COmming to the Assay-house, there we found diuers gentlemen desirous to see the manner of making of Assayes of Gold and Siluer, as also diuers Gold-Smiths which brought some ingots of Gold, but no Siluer at all, and here we were all courteously welcome, and our discourse was interrupted, and the Assay-master desired me to haue patience vntil his businesse were ended with the Gold-smiths, and so he would make the Assayes of our Siluer first, and then come to the making of our Gold Assay, which he would first teast before he should put some proportion of it to the triall of strong-water. The little furnaces were fired, and the Assay-master tooke foure copples or teasts, which are made of Boneashes, & he did put them in the furnace quater corner wise, with the bottomes vpwards, and so let them remaine almost an houre vntill [Page] he had made an end with the Gold-smiths Assayes, to the end they should be throughly drie, to auoid the springing of the Siluer,How to make the Assayes of Siluer. and then he did turne them vpwards: and so cutting off some Siluer of our ingots on both sides, he did beate the same verie thin with a hammer, and weighing iustly the quantitie of fifteene graines, he diuided the same by euen portion of weight into halfe, and thereunto he tooke fiue times so much in thin purged Lead, and winding or inuoluing the Siluer therein, he did put the same vpon the seuerall copples two to two, and vpon the other two he did first put the Lead, and the Siluer afterwards when the Lead was molten, making no great difference in this: then with coales he did stop the furnace indifferently, neither too hot nor too cold, vntill it began to driue, and then he made it hotter, and finding it to appeare bright, hee brought the copples one after another to the mouth of the furnace, there he let them smoake a little, holding them out and in before he tooke them out: Then taking off this Siluer, he weighed them one against another, and found them alike, whereby he knew his Assay was well made; and then he weighed them both together, and what they weighed lesse (than before) was Copper wasted. And he reported our Siluer to be eleuen ounces and foure pennie weight fine by the true proportion of the pound weight, which is to be taken accordingly in the whole ingot, weighing some fortie pound weight; so that euerie pound of it did containe eleuen ounces foure pennie weight of fine Siluer, and sixteene pennie weight of Copper, making together twelue ounces for the pound, Troy weight: and so is finesse knowne by weight, and is properly fine Siluer as aforesaid. Hereupon I did aske him, whether the copple had drunke vp some little quantitie of Siluer which might amount to two pennie weight in the pound weight of sterling Siluer by the computation of Siluer of seuerall finesse? and he answered me, it had without all doubt. The other Siluer Assay he reported to be but eleuen ounces fine.

After this,To make the Assayes of Gold. he tooke in like manner fifteene graines of our ingot of Gold, and putting the same to the teast, as aforesaid, to purge the Copper, (which he did with a hotter fire) he did bea [...] the Gold with a hammer verie thin, that he could wind it vpon a little sticke round, to make it go through the necke of the glasse, and to worke the better: and hereunto he tooke twentie graines of verie fine Siluer in like manner, and put them all together into the viall or glasse, and hereupon he did poure some strong-water, and put the same vpon coales, and there it did smoake and stand vntill it did smoak no more, and then it had wrought and separated the Siluer from the Gold, which remained whole, and the Siluer was turned into water; then he did poure out that water into another glasse with raine-water,To diuide Siluer from strong-water. which diuided your Siluer from the strong-water againe, and weighed the Gold againe, reporting the same to be twentie and three Carrats fine, by the calculation vpon the ballance of his subtle Assay: and then we went vp to deliuer our Siluer and Gold to the Warden [Page] of the Mint, whereof entrie was made in diuers and seuerall bookes of the Warden, Comptroller, Mint-master, and Assay-master; and the Mint-master did deliuer bills of the weight and finesse thereof vnder his hand to the Warden of the Mint, where we stayed to see our siluer molten and cast into ingots, for to be deliuered to the moneyers to sheire the same by weight into small peeces for twelue pences & six pences: for it was allayed according to the sterling standard, and the Assay-master made another Assay of it (called the pot Assay) and found the same to be standard,The Pot Assay. whereupon we tooke our leaue and departed: and here also he affirmed vnto me, that the copple had drunke in the like small proportion of siluer. The next weeke following I went to receiue my satisfaction in coyned moneys, which were brought vp to the Warden, and he perused them, whether they were well coyned without crackes or flawes, and as the Monyers brought them vp in trayes, he tooke out some peeces not well made and cut them a sunder with a sheire, and some peeces he weighed, and then tooke some other peeces and put them through a hole into a box kept vnder seuerall keyes, and some peeces he deliuered to the Assay-master to make triall of.Assay of moneys. And after I had receiued my money by weight for weight of my bullion, I went to the Assay-master and saw him make an Assay of the said moneys in like manner as the other, with fiue parts of lead, and hereupon I tooke occasion to aske him,Triall of the Pixe. whether the last and supreme triall of the moneys (which was made commonly once a yeare before the Lords at the Star-chamber) was done in like manner? And he answered me, it was, and withall he desired me to resolue the question betweene the Warden and the Mint-master, concerning the two pennie weight of siluer hid from report (as it is supposed) according to our former conference? I told him, that according to the issue ioyned between him and me, that the Mint-master had not pocketted vp any such two pennie weight of siluer (as his account was charged withall) I would make that plaine by demonstration, which he said was his desire, whereupon I framed my answere as followeth.

Foure Assayes of bullion and money.I make no doubt (sir) but you haue marked my obseruations of the foure seuerall Assayes made concerning bullion and money, namely, the first of the Ingot before melting, the second of the pot Assay after melting, the third of the moneys compleate made thereof, and the fourth and supreme triall of moneys at the Star-chamber (as it were) before the King and his Councell, all which (being done in manner alike) you haue from time to time told me, that their operation or effect was also alike: for the triall of the Ingot, there the copple had drunke in two pennie weight of siluer: for the Pot Assay, there two pennie weight was drunke in also: the Assay made of the compleat moneys hath drunke in the like two pennie weight: and last of all the highest triall of all hath drunke in the like two pennie weight of siluer; how can it then be pocketted vp by the Mint-master, when it was in the bullion, remaining in the pot, found in the moneys, [Page] and confirmed to be so by the supremest trial? and why should the Mint-Masters account bee charged, either with an imaginarie or substantiall thing which he neuer had or inioyed?A Tacite Resolution. To this the Assaymaster answering (rather by signes than words) said, It was otherwise taken and vnderstood, and himselfe tooke now better notice of it, and wished that Truth might preuaile, according to the saying, Magna est veritas, praeualet, praeualuit & praeualebit; and so ended our supposed discourse.

Now let vs come to the mysteries of the Mints beyond the seas, to recompence them that might take offence for discussing the premisses; and let vs be like Nathaniel, in whom there was no guile, Qui vadit planè, vadit sanè; howbeit discretion is requisite. The assayes beyond the seas, are most made according to the proportion of the marke, which is eight ounces Troy; and they take twentie graines to make their assayes by, which is correspondent with our fifteene graines;Thirtie two grains beyond the seas, is more than 24 grains with vs. for they diuide their English or penny weight in thirtie two Ases or graines, which from twentie foure vnto thirtie two, differeth one third part; so is fifteene vnto twentie also a third part: For this marke weight of eight ounces is twofold; the one is called English weight, and the other French weight in the Low Countreys. But the English weight is most vsed, which is diuided into eight ounces, euery ounce twentie English or penny weight,English marke and euery English thirtie two graines as aforesaid is, 5120 graines to the marke. This marke and one halfe maketh (within a little) our twelue ounces Troy for the pound weight, being in graines 7680.

The French weight called penny weight, is also eight ounces,French marke. euery ounce foure and twentie penny weight, and euery penny weight twentie foure graines is, 6912 graines for the twelue ounces, or 4608 graines for the eight ounces. These graines are also diuided in twentie foure Garobes or Primes, and the Primes in twentie foure Seconds, and the Seconds in 24 Tercies or Malloquen, which is superfluous; notwithstanding all the said weights and diuisions (to make assayes) they vse another weight,Assay weight. which euery man maketh according to his fancie: but most commonly they will diuide the marke in twelue deniers or pence, and the penny into twentie foure graines, and then graines subdiuided of paper, making ⅛ 1/10 and 1/32 part of a graine, which concurreth neerest with our assay weight; for if one pound of siluer doe containe 1/12 part copper, they call this eleuen deniers fine, as we say eleuen ounces fine.

For the gold likewise they doe vse the same weight, accounting for euery denier or penny weight two carrats; so twentie foure carrats for twelue deniers or ounces, and consequently eleuen deniers is twentie two carrats, &c. So the gold marke is twentie foure carrats,Gold marke. Siluer marke. a carrat is twelue graines, so 288 in the marke: So the siluer marke of twelue deniers of twentie foure graines, are 288 graines also, which are bigger graines, diuided into foure Primes or Siliquas is, 1152.

[Page]They vse also a manner of speech to say, Twelue shillings to the marke pound,Marke pound. euerie shilling twelue pence, and euery penny twentie foure graines, is 3456 graines in the marke; all which is done to make the knowledge of these things intricate. In like manner for the sheiring of their moneys,Sheire monies they will for euery peece make a penny, as if there be made seuentie eight peeces out of a marke, they will say it ☞holdeth sixe shillings and sixe pence in the sheire, or for 62 peeces fiue shillings two pence, and so obscure things to take aduantage vpon others. For the Mint-masters of the Low Countreys and Germanie, are verie experienced in Mint matters, and the assayes being made vpon the graines, may deceiue much if (by triall) the calculation be not rightly made; and if the said Mint-masters were not subtile, yet the Generalls, which follow the Prince or State, doe nothing else but studie these things alwaies: therefore let vs obserue more particulars of their proceedings as followeth.

In the making of coynes of gold and siluer, they will vse many times to make peeces of fine gold and courser gold; as the Emperiall Royall and the halfe Royall, the one twentie three carrats 3 ½ grains, and the other but eighteene carrats, or the Flanders Crowne of 22 carrats. In Germanie the ducat and the gold guildren, which for workes being mixed are seruiceable, admitting by conniuence the melting of the moneys, rather than for want of it Bullion should not be brought to their Mints, therefore they also take little for the coynage, because it should sooner come vnto them than vnto other Minters, where the coynage or seignoriage is great: and albeit the same bee but small, yet will they find meanes to make other Princes to pay the same,Moneys made for transportation. and cause moneys to be made for transportation, especially for the East countreys to buy corne to bring the same vnto their Magazins, whereby trade is increased, and Spaine and Portugall supplieth the same, by suffering moneys to bee also transported in the returne of corne, whereby Customes doe also augment. The Box for moneys is kept vnder three seuerall keyes or lockes, by the Warden, Mint-master, and Comptroller; wherein the Warden taketh of euery Iourney of worke, one, two, or more peeces, according to his instruction, to make the last triall by before the Lords or Estates. The Mint-masters haue some remedies allowed them for the making of moneys, either for being too feeble and vnder the Standard,Remedies for Mint-masters. or for being better and aboue Standard. And heereupon they alwayes worke by commixing it accordingly, whereof they haue an absolute power, wherewith neither the Warden nor the Comptroller are to meddle: for Princes and States will not be vpon vncertaineties with the Mint-master, for he must beare all casualties vpon their remedies; with certaine cautions, That if it be aboue the said remedies, and feebler one halfe penny weight, he payeth double; and for the double of that, quadruple; and if it be aboue that, hee is subiect ouer and aboue to punishment.

When the triall of the Box is made, if there be quantitie of coyne [Page] to auoid the multiplicitie of assayes, motion is made to the Master, whether by one marke indifferently taken of euerie species of coyne, hee will be concluded for the whole quantitie of the worke, wherevnto condiscending, the markes are weighed out accordingly, and the peeces are told, and the assay is thereupon made,Priuie marke of moneys. and the totall worke is reported to be accordingly. The like is done in England, obseruing the works by the priuie marke of the Rose, Mallet, Crosse or any other, which is recorded in the Exchequer vpon the said trials of the pixes.

The Assay-masters receiuing Bullion of ten or eleuen ounces fine, make their assayes with fiue parts of Lead, if it be of sixe or seuen ounces they will take eight parts of Lead, if three or foure ounces,Lead for the triall of Siluer Assayes. then fifteene parts of Lead, and if vnder they will take twentie parts of Lead: But this Lead is first to be purged, because all Lead holdeth some little Siluer and Gold as hath been noted. So for Gold (if need be) more strong-water may be added, which may serue once againe for triall.

Their strong-water called Aqua fortis, Aqua Fort [...]. is made two parts calcined Vitrioll, one part Salniter, and halfe a part of Allome calcined and distilled as the manner is but for Gold they vse Aqua Regis, Aqua Regis. which hath the same proportion as abouesaid, but there is one fourth of a part of Sall Armoniake added thereunto; and vpon their trialls they vse to report halfe a graine for the Masters benefit, which must needs be a graine where fractions are not vsed in cipher, especially with vs, for there is for Siluer nothing reported aboue twelue graines, which is the halfe penny weight, which is done to haue the accounts cleerer; and withall, there is no Bullion receiued in the Mint vnder nine ounces fine,Base Bullion. whereas beyond the Seas (though it be neuer so base) it is receiued, and the rules for calculation are easie and briefe; which to auoid prolixitie I doe here omit.

In the melting of Gold,Obseruations for melting of Gold. obserue to melt the same first before you put your Siluer allay vnto it, and let the finest Gold lye vpwards in the crusible or pot, to haue lesse wast and better mixing, for the finest Gold is heauiest and seeketh the center; let no wind come to your melting pot or crusible for feare of breaking, and take fine Siluer for your allay, wherein there is neither Lead, nor Brasse, or Laten, which maketh your Gold brittle and bringeth a losse to make the same malliable, albeit to make it tough is no charge. For take but an old shoo, and cut the same into small peeces, and put the same into your crusible, and stop it vp with a couer, let it stand vpon the fire, & it taketh away the eagrenesse of Brasse: Euen as a hot browne loafe of bread cut asunder and clapt ouer the bom-hole of a hogshead of wine (tasting of the caske) will cure the same of his fowle taste.

Gold-smiths are appointed to worke Gold of twentie two carrats fine, but the triall is made by the touch-stone onely,Triall of the Touchstone. with an obseruation of the rubbing-strokes vpon it to bee alike and of the same strength, which is worthie the obseruation, for otherwise you can [Page] giue no true iudgement. There is also an easie scaling of Gold to be made to fall from the Siluer, as it was layed on by the meanes of Quickesiluer.

To take the figure of coyn.To take the figure or print of a peece of coyne, take Lampblacke and Vernice, such as the Painters doe vse, annoint the coyne with it, put your paper vpon Lead and print thereupon.

To refine Gold with Cementation without Strong-water, which is costly.

TAke eight pound of Flanders Tiles, three marke Copperas, 1 ½ marke, Allome, ¾ of a marke of Salt, and two ounces Saltpeter; all being mingled and calcined together, take a great crusible, put this Cement one finger thicke in the bottome, then lay some of your Gold beaten thin (or if it be golden coyne) vpon it, and then of your Cement againe vpon that, and thereupon Gold againe, which the Alcumists call Stratum super stratum, and couer your crusible with tiles leauing a little hole:The coyne remaineth with the print whole. then begin Lento igne, and afterwards with a great fire let it stand foure, fiue, or more houres, and all the Allay will be in the Cement; to take the Siluer out of the Cement, take foure markes Cement, and three marke Potters Lead; two marke of Tiles, foure ounces of Dodecum, foure ounces Saltpeter, and doe as before: or else you may take out the Siluer by quicksiluer, as I haue declared in the former Chapters.

Blanching of Siluer.To blaunch Siluer in a basin of red Copper, which must be done before it be coyned; take foure gallons of raine-water, two marke of red Tartar or Argall, and one marke salt, cast your Plates (being red hot therein) and stirre the same, as you did before in the dissolution vntill you find the same white enough; and after it is coyned then you must colour it,To colour Siluer. putting the same into great trayes, and with water sprinkling them vntill they be moist, but not wet; then put the colour vpon it tossing and tumbling them, and being put into a Melting pot, let them be red hot, and then cast them into water. To make this colour, take to twentie pound weight of money, three ounces of Sall Armoniake, two ounces Saltpeter, halfe an ounce Verdegreis, and halfe an ounce Copperas, calcine them together for that purpose, &c.

Refining by a great Teast.To conclude with the refining of Siluer with a great Teast, which must be red hot two or three houres, trying the same with Lead if it 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. (*⁎*)

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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 [Page] 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.

[Page]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,What 36 carrats fine is. and that one Marke and a halfe are taken to the pound of 12 ounces, they haue done the like for finesse, and (vnaduisedly) termed gold thirtie and six carrats fine, which is exorbitant of the generall obseruation.

Touching the seuerall standards of money in other countries (as you may see by the contents of the said declaration, whereby a man shall many times receiue coynes of aboue twentie standards in one hundreth pounds) it is the onely fallacie in exchange that can bee, whereby no merchant is able to know whether hee haue the true value of the summe to be paied him: but he is carried with the streame of valuation and tolleration of money to goe currant, as in the next Chapter shall be declared; and all men commonly haue a regard to the great moneys vsed in euerie countrie, making account that other smaller moneys haue their true valuation thereafter.

As the Philip Dollers of ten ounces fine,Standards of forreine coyne and 7 9/04 peeces to the Marke.

The Holland Dollers of nine ounces fine, and 8 8/9 peeces in the Marke.

The Spanish Royall of eleuen ounces foure pennie weight, and nine peeces the Marke.

The Gueldres and Frizeland Dollers of ten ounces foure pennie weight, and 9 [...]/2 peeces.

The Shillings of Zeland of sixe ounces fine, and thirtie and eight peeces the Marke.

The Golden Royall of twentie and three carrats 3 ½ graines fine, and fortie and six peeces the Marke.

The French Crowne of twentie and two carrats fine, and seuentie and two peeces in the Marke.

[Page]The golden Rider of the States of twentie and two carrats, and twentie and foure in the Marke.

The Albertins or Ducats of Albertus of twentie and three carrats, 3 ½ graines fine, and being seuentie peeces in the Marke, or thirtie and fiue double peeces.

And their daily new coynes which they make of seuerall standards which requireth a vigilant eye: but we haue shunned industrie and labour, which is the cause that (contrarie to my first intention) I abreuiate some things.

A Declaration of the coynes of gold, concerning their finesse, and number of peeces in the pound weight of twelue ounces Troy, euerie ounce containing twentie pennie weight, and euerie pennie weight twentie and foure graines in weight, and in finesse twentie and foure carrats, and euerie carrat foure graines; calculated for the forreine coyne vpon the marke weight of eight ounces, euerie ounce twentie English, and euerie English thirtie and two azes for the pound weight, and in finesse twentie and foure carrats, and euerie carrat twelue graines, vnnecessarie fractions omitted.

THe imperiall Royall of gold alwaies accounted equall with the English Angell in finesse, and in weight but a little differing of twentie and three carrats, three graines ½, and sixtie and nine peeces weighing twelue ounces Troy.

The halfe Royall is but eighteene carrats in finesse, and 105 ⅓ peeces to the pound weight.

The Carolus Guildren being ⅔ parts of it, but foureteene carrats fine, and 126 peeces.

The Rose Noble of England twentie and three carrats 3 ¾ graines fine, and 46 ¾ peeces to the pound.

The double Royall of Austria of twentie and three carrats 3 ½ graines fine, and 24 ¾ peeces to the pound.

The Nobles of Holland, Vtrech and Ouerrysel twentie and three carrats, three graines, and fortie and eight peeces.

The gold Guildren of eighteene carrats, three graines scarce in finesse, and 112 ½ peeces.

The halfe Noble or Hungarie Ducat, twentie and three carrats, 3 ⅙ graines fine, and 113 ½ peeces.

The Bishops ducat fine twentie and three carrats ½, and 105 peeces to the pound weight.

The Ducats of Italie, Venice, Turkie, and Rome twentie and three carrats, three graines, and 106 ½ peeces: other Italian ducats, and the ducats of Guelders twentie and three carrats, one graine, and 106 ½ peeces.

The Angell of England of Queene Elizabeth twentie and three carrats, 3 ½ graines, and seuentie two peeces.

[Page]The Soueraigne of the said Queene, twentie and two carrats fine, and sixtie peeces to the pound.

The old Soueraignes of more weight, twentie and two carrats fine, and 54 ¾ peeces.

The halfe Soueraigne fine but twentie carrats, and 120 peeces to the pound.

The Angell with the O. is but 23 carrats fine, and 72 scarce to the pound.

The Angell with three Lions 22 carrat fine, and 76 peeces to the pound weight.

The halfe Noble, with the Lions and the Noble of Bridges 23 carrats, and 88 ½ peeces.

The Andrew Guilder fine eighteene carrats, three graines, and one graine, some peeces 108.

The Gulielmus Gilder fine eighteene carrats, one graine, and 108 peeces to the pound.

The Gold Guilder of the States twentie carrats fine, and 120 ¾ peeces to the pound.

The Golden Fleece or Toyson d' or 23 carrats three graines ¼ and 81 ⅙ peeces.

The Phillips Guildren fine fifteene carrats three graines, and 111 peeces to the pound.

The Ioannes Guildren fine sixteene carrats, and 109 ½ peeces to the pound.

The Nobles of Gaunt and Zealand twentie three carrats fine, and fiftie foure peeces.

The halfe Imperiall Crowne twentie two carrats, 1 ½ graines, and 107 ½ peeces.

The Henricus Noble of England twentie three carrats 3 ½ graines, and 53 ¾ peeces.

The old English Crowne somewhat better than twentie two carrats fine, and 100 ½ peeces.

The Henry Noble of France twentie two carrats fine, and fiftie one peeces to the pound.

The halfe Henry Noble fine twentie two carrats, 2 ½ graines, and 108 peeces to the pound.

The Floret Crowne of France twentie three carrats, 3 graines, and 100 ½ peeces.

The Charles French Crowne twentie three carrats, three graines fine, and 100 ½ peeces.

The Floret of France standing twentie two carrats, and 100 ½ peeces to the pound.

The old Golden Lion of Flanders twentie three carrats, three graines, and 79 ¾ peeces.

The ducat of Castile twentie three carrats, three graines fine, and 79 ¾ peeces likewise.

The Spanish ducat 23 carrats, two graines fine, and 105 peeces to the pound.

[Page]The Holland ducat twentie three carrats, two grains fine, and 105 peeces likewise.

The double ducat of Zealand twentie three carrats ½ fine, and 52 ½ peeces to the pound.

The ducats of Nauarre, Majorca, and others twentie three carrats, one graine, and 52 ½ peeces.

The Spanish Pistolets twentie two carrats fine, and 108 peeces to the pound.

The Milreys ducat of Portugall twentie two carrats, one graine fine, and fortie eight peeces to the pound.

The Contrefait Milreys is but twentie one carrat fine, and likewise fortie eight peeces.

The Emanuel ducat of Portugall twentie three carrats, 3 graines, and 105 peeces to the pound.

The Emanuel great Crusate of Portugall twentie three carrats, three graines, and 10 ½ peeces.

The Ioannes great Crusate is but twentie two carrats, three graines fine, and 10 ½ peeces.

The ducat, with the short Crosse of Portugall twentie two carrats, three graines, and 105 peeces.

The ducat, with the long Crosse twentie two carrats, one graine fine, and likewise 105 peeces.

The ducat with the long Crosse of Batenborgh nineteene carrats fine, and 105 peeces.

The Pistolets of Italy twentie two carrats, and some twentie one carrat 2 ½ graines, and 108 peeces.

The Flemish Ryder twentie three carrats, three graines fine, and 105 peeces to the pound.

The Guilders and Vrisland Ryders, of the yeare 1583 fine, twentie one carrats, and 108 peeces.

The Ryder of Burgandie twentie three carrats ½ fine, and 105 peeces to the pound.

The English Salut and the halfe, twentie three carrats, three grains, and 108 peeces.

The Schuytken or Ship of Flanders twentie two carrats, one grain fine, and 109 ½ peeces.

The Ryder of Guilders Of fourteene carrats fine, and 114 peeces to the pound.

The Phillip Clincart Of fourteene carrats fine, and 114 peeces to the pound.

The Ryder of Deuenter, Campen, and Swoll twelue carrats, three graines, and 114 peeces.

Dauid guil.

Of Trier is 17 carrats, 2 graines and 114 peeces to the pound weight.

Of Vtrecht 16 carrats fine—and 114 peeces to the pound weight.

Of the Harpe 15 carrats fine—and 114 peeces to the pound weight.

The Peter of Louaine of 17 ½ carrats fine, and likewise 114 peeces to the pound.

The Clemmer guilder of 13 carrats fine and 114 peeces.

[Page]The Fredericke of Beyeren guilder fourteene carrats, and 117 peeces to the pound.

The Arnaldus guilder twelue carrats fine, and 138 peeces to the pound.

The Postulat of Bourbon 12 ½ carrats fine, and 136 ½ peeces to the pound.

The Postulats—

Of Horne—10 ½ Carrats—fine, & 156 peeces to the pound

Of Guliers—9 Carrats 3 graines fine, & 156 peeces to the pound

Of Cleue—9 Carrats ½ graines fine, & 156 peeces to the pound

Of Fran. Friar—9 Carrats—fine, & 156 peeces to the pound

Of the Dog and Cat 12 ½ carrat fine, and 136 ½ peeces.

The nine Stiuers peeces of Batenborgh and Frise, seuen carrats, one graine, and 176 peeces.

The Gulielmus ducat of Batenborgh twentie one carrats, three graines, and 52 ½ peeces.

The other ducat of Stephanus, but nineteene carrats ½ graine, and 52 ½ peeces.

The ducat of Nimeghen with Stephen, twentie one carrats, one graine, and 52 ½ peeces.

The new ducats of Saint Victor Pancratius, Vict. Batenborgh, W. B. Margarite Toren, Petrus Rechem, George Rechem, twentie one carrats, three graines, and 106 ½ peeces.

The ducats Victor H. B. 20 ½ Carrats fine and all 106 ½ peeces to the pound.

Water ducats and the ½ 20 ½ Carrats fine and all 106 ½ peeces to the pound.

Marie of Batenborgh 20 ½ Carrats fine and all 106 ½ peeces to the pound.

Ducat wirh the Checker 20 Carrats fine and all 106 ½ peeces to the pound.

Ducat of Denmarke 20 Carrats fine and all 106 ½ peeces to the pound.

Pancratius Alleb. H. 19 ½ Carrats fine and all 106 ½ peeces to the pound.

Oswald ducat Cusa—19 ½ Carrats fine and all 106 ½ peeces to the pound.

The Ducat of Nimmeghen 1569 fine, eighteene carrats, two graines, and 108 peeces.

New angells coyned heretofore—

Of Thoren- 22 Carrats 1 ½ graines And all 72 peeces to the pound.

Of Horne—22 Carrats 1 ½ graines And all 72 peeces to the pound.

Of Batenb. 21 Carrats 3 graines And all 72 peeces to the pound.

Of Viana—18 Carrats 3 graines And all 72 peeces to the pound.

Of H. M—17 Carrats—And all 72 peeces to the pound.

The Scots Pistolet ninteene carrats, two graines ½ fine, and 108 peeces to the pound.

The Ryder with the Loaues fine 10 ½ carrats, and 114 peeces to the pound.

The Pistolets, Dilege and Legion, fine, eighteene carrats, and 108 peeces to the pound.

[Page]The ducats Ferdinand of Batenborgh 19 ½ carrats, and 106 ½ peeces to the pound.

The ducats Ferdinand and Carolus of Horne eighteene carrats, and 106 ½ peeces to the pound.

The double ducat of Albertus of Austria twentie three carrats, 3 graines fine, 52 ½ peeces.

The single ducat of Albertus of Austria twentie three carrats, three graines, and 78 ¾ peeces.

The double third parts of the said double ducats twentie three carrats, three graines, and 70 ½ peeces.

The single third part of the said ducat twentie three carrats, three graines, and 126 peeces to the pound.

The Vnite peece, called Iacobus of England twentie two carrats, and thirtie six peeces to the pound.

The Ryder of the vnite Low Prouinces also twentie two carrats, and 36 peeces to the pound.

The halfe Iacobus and Ryders accordingly in finenesse and peeces.

The ducats of the Estates of the vnited Prouinces, with the Letters, 22 carrats, and 105 peeces.

The new twentie shilling peeces of England twentie two carrats fine, and 39 ⅗ peeces.

The halfe and fourth part of it accordingly.

The Scots peece of the Crosse Daggers twentie two carrats fine, and 72 peeces to the pound.

The Scots Rider of twentie two carrats, and some of the finenesse of the Scots Pistolet.

Note, that here are set down many Species or Peeces of gold, which are little or none at all to be found: And although some are found in great quantitie; yet are they not made currant in the vnited Prouinces, by their last valuation of the one & twentith day of Iuly 1622 hereafter declared. The like is in the Reconciled Prouinces vnder the Arch-Dutches Isabella Clara Eugenia of Austria, as also in Germanie: so that the generall knowledge of them all, may giue to euerie man better satisfaction. And the like must be vnderstood of the Siluer Coynes of all Countreys hereafter declared, with some addition of meere Copper Coynes. And whereas the Stiuer is the fundamentall Coyne, whereof twentie make the Guilder, it is to be obserued, That sixteene Copper pence are reckoned in Holland and those vnited Prouinces for one Stiuer, and so is the said Stiuer two Groats Flemmish, called halfe Stiuers, euerie halfe Stiuer eight pence Hollandts: also twentie foure Mites is a Stiuer in the other Countreys, &c.

[Page]

A Declaration of the coynes of Siluer, concerning their finesse, and number of peeces in the pound weight of twelue ounces Troy, euerie ounce weighing twentie pennie weight, and euerie pennie weight twentie and foure graines, and containing likewise in finesse twelue ounces, euerie ounce twentie pennie weight, and euerie pennie weight twentie and foure graines; calculated for the forreine coyne vpon the marke weight of eight ounces, euerie ounce twentie pennie weight, and euerie pennie weight twentie and foure graines in weight, and likewise in finesse twelue ounces twentie pennie weight, and 24 grains, vnnecessarie fractions omitted, as neere as conueniently could be computated &c.

THe Philip Doller tenne ounces fine, and 10 5/7 peeces to the pound weight. The halfe, the fourth, the fifth, and tenth part accordingly, that is to say, all of ten ounces fine, and peeces 21 3/7, 42 6/7, 53 4/7, and 107 1/7 to the pound▪

The twentieth part of the said Doller fiue ounces fine, and 107 ¼ peeces to the pound.

The fortieth part of the said Doller, fiue ounces fine, and 214 ½ peeces to the pound.

The Carolus Gueldren or ⅔ of the said Doller, ten ounces fine, and 16 1¼ peeces.

The old foure Styuers peece with the Eagle, Charles and Philip, seuen ounces, 7 ½ pennie fine, and sixtie peeces.

The old double Styuer seuen ounces, 7 ½ pennie weight in finesse, and 120 peeces.

The old three Styuers peece, eleuen ounces, three pennie weight, eighteene graines fine, and 120 peeces to the pound.

The siluer Fleece of three Styuers, ten ounces, ten pennie weight, and 108 peeces.

The three groot or Deniers fine, fiue ounces, ten penie weight, and 117 ¾ peeces.

The old Styuer of three ounces, foureteene pennie weight, foure graines, and 120 peeces.

The new Styuer following, three ounces, thirteene pennie weight, eight graines, and 120 peeces.

The 17 Duyts, ten ounces, ten penie weight fine, and 147 peeces.

The halfe Styuer, three ounces, ten pennie weight, and 201 peeces to the pound.

The quarter Styuer Oort, one ounce, 17 ½ pennie weight, and 158 peeces.

The eight part Stiuer Duyt fine, one ounce, foureteene pennie weight, and 474 peeces.

The Hollandts pennie fine, 19 pennie weight, and 518 peeces.

The Styuer of the States Vnited, 4 ounces fine, and 168 peeces.

The Styuer of Vtrecht, three ounces fine, and 167 peeces.

The nine Duyts pennie of Charles and Philip, foure ounces, foureteene pennie weight, 129 peeces.

[Page]The halfe Ruyters blanke, four ounces, foureteene pennie weight, and 256 peeces.

The Brasse pennie and the halfe, foure ounces, ten pennie weight, and 120 peeces.

The Spanish Ryalls fine, eleuen ounces, 3 ½ pennie weight, and 108 peeces.

The Saluator and Ryall of Venice, eleuen ounces, ten pennie weight, and 96 peeces.

The Italian Ryalls of nine ounces seuenteen pennie, and nine ounces 14 pennie, and nine ounces eleuen pennie, peeces 108.

The course Romish Ryalls of seuen ounces fine, and 108 peeces.

The eleuen Duyts of Charles Limb. foure ounces, fifteene pennie weight, and 120 peeces.

The 11 Duyts of Holland, six ounces scarce, and 144 peeces.

The halfe Ruyters blank of Holland, 3 ounces fine, & 144 peeces

The fiue Groot of Flanders, and double Sassenars, ten ounces, 6 ½ pennie, and 146 ½ peeces.

The 5 Groot of Gaunt, 5 ounces, 13 pennie weight, and 145 peeces

The 17 Duyts of Lodouick, Liege, Philip, Guelders, Charles, Limborgh, Philip of Flaunders, two standing Lyons, nine ounces ½ fine, and 145 peeces.

The 17 Duyts of Sluce, 9 ounces, 5 penie weight, and 148 peeces.

The double Vierysers fine, foure ounces, ten pennie weight, and 138 peeces to the pound.

The Snaphanen coyned for three Batts, seuen ounces, 7 ½ pennie weight, and 39 ¾ peeces.

The Creuciat of Iohn of Cleaue, eight ounces, seuen penie weight fine, and 39 ¾ peeces.

The fiue Styuer peece of Liege, seuen ounces, eleuen pennie weight fine, and 48 peeces.

The fiue Styuer peece of Gueldres, eight ounces, 1 ½ pennie weight, and 48 peeces.

The Snaphane of Nimegen, Deuenter, and Cleaue, seuen ounces, eleuen pennie weight, and 48 peeces.

The Shilling M.E. [...]nd fiue Groots Philip of Flanders, eleuen ounces, three pennie, and 135 peeces.

The other fiue Groot of Philip of Flanders, ten ounces, foureteen pennie weight, foure graines, and 135 peeces.

The fiue Styuer of Cambray, Liege, Horne, six ounces, 6 ½ pennie weight, 48 and 51 peeces.

The Shillings of Gueldres, Vtrecht, Freese, and Zealand, 1586 fine six ounces, and 57 peeces.

The Shilling of Bridges, 1582 fine, fiue ounces, and 57 peeces to the pound.

The Shilling of Gaunt 1583 fine, seuen ounces, seuen penie weight, and 54 peeces.

The Styuer of Gant 1583 fine, three ounces, and 175 ½ peeces.

[Page]The Styuers of Groeninghen, Cambray, and Liege, fine three ounces, fiue pennie weight, and 135 peeces.

The eleuen Duyts of Philip and Marie, eleuen ounces, 3 ½ pennie fine, and 270 peeces.

The Ferdinand of Tiroll ten ounces, 7 ½ pennie weight, and 270 peeces.

The peeces of 5 ½ Groot of 1520, and Ma. Flandres nine ounces, foureteene pennie weight, and 120 peeces.

Dollers

The Doller of the States nine ounces fine, and 12 1/64 peeces to the pound weight.

The Hollandts Doller nine ounces fine, and 13 ⅓ peeces to the ll.

The Dollers of Gueldres and Vtrecht nine ounces fine, and fifteen peeces to the pound.

The Dollers of Zutphen and Gueldres 1586 fine, ten ounces, foure pennie, and 13 ⅔ peeces.

The Hollandts Doller with the Crown 8 ounces, and 13 5/3 peeces.

The Rickx Doller Oncia eleuen ounces, fiue pennie weight, and 12 ½ peeces.

The other sorts of Rickx Dollers of eleuen ounces, and eleuen ounces three pennie, and 12 ½ peeces.

The Poland Doller fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.

The Bohemia Ne. Op. fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.

The Batenborgh Dol. fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.

The Bommell Doller. fine, seuen ounces, fifteen pennie weight, and 13 ½ peeces.

The Polish Guelder of sixtie Creutzer, eleuen ounces, 3 ½ pennie fine, and fifteene peeces.

The Dollers of Brisgau, Tremone ten ounces, fifteene pennie weight fine, and fifteene peeces.

The Dollers of Luneborgh ten ounces, sixteene pennie ½ fine, and fifteene peeces.

The Basell sixtie Creutzer, Reynsborch, and Ismensen ten ounces, 13 ½ pennie, and fifteene peeces.

The Doller of Riga ten ounces, 2 ½ pennie weight, & 13 ½ peeces

Teastons.

Of Mantua, Francis—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Ferrara, Hercules and Alphonsus fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Berne, Vincent—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Ottomanus Berne—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Lucerne, Episcopus—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Milan, Lodouicus—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Milan, Galeacius—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Friborgh, Nicolas—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Sedun, Nicol. dan Adrian—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Solod, Vrsus—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Sauoye, Carolus—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

Of Castile—fine eleuen ounces, 5 ⅙ pennie weight, and 45 peeces.

[Page]Teastons.

Of Portugall Io.V.L. ten ounces, seuen pennie weight fine, and fortie and two peeces to the pound.

Of France Franciscus ten ounces, seuen pennie weight fine, and fortie and two peeces to the pound.

Of Lorayne an. 1524. & 29. ten ounces, seuen pennie weight fine, and fortie and two peeces to the pound.

Of Spaine, Ferdinand ten ounces, 10 ½ pennie weight fine, and 39 peeces.

Of Nauarre, Anna ten ounces, 10 ½ pennie weight fine, and 39 peeces.

Of Baden, Chrisostome ten ounces, 10 ½ pennie weight fine, and 39 peeces.

Of Sauoy, Carolus ten ounces, 10 ½ pennie weight fine, and 39 peeces.

Of Nauarre, Henricus ten ounces, 10 ½ pennie weight fine, and 39 peeces.

Of Monserat, George and Guill. ten ounces, 4 ½ pennie weight fine, and 42 peeces.

Of Geneua,—ten ounces, 4 ½ pennie weight fine, and 42 peeces.

The Quarter Crownes.

Of Fraunce 4 Escu of ten ounces, 6 ⅔ pennie fine, and 39 peeces to the pound.

Of Lorayne fine nine ounces, 8 ½ pennie weight, and 39 peeces to the pound.

Of Sauoy Philip, ten ounces, 16 ½ pennie weight, and 39 peeces to the pound.

The Rickx Doller of late Anno 1567 fine ten ounces, 12 13 and 14 pennie fine, and 12 ½ peeces.

The peece of Cambray 1/10 of a Doller sixe ounces, ten pennie weight, and 123 peeces.

The 38 Gustaue of Liege ten ounces, foure pennie weight scarce, and peeces 12 ¾.

The Christopher Doller 45 10 ½ ounces fine, and 12 ¾ peeces.

The Doller Guliel. Sweaden 10 ½ ounces fine, and 12 ¾ peeces.

The Angell of Scrickelborgh ten ounces, 7 ½ pennie weight, and 78 ¾ peeces.

The ten Creutzer of Salsborgh, Rauenborgh, Frise, and Saxony eight ounces, seuen pennie, and 64 ½ peeces.

The three Carolus of Frankford, Campidona, Reynsborch, Patauia, Ernestus, Otingus, Carolus and Salsborgh nine ounces fine, and 78 ¾ peeces.

The sixe Creutzer of Insborgh 10 ½ ounces fine, and 124 ½ peeces.

The Grosse of Salsborgh foure ounces, 12 ½ pennie weight, and 39 peeces.

Batsen of foure Creutzers fine, fiue ounces, seuen pennie weight and 109 ½ peeces.

Of Fribourgh, Colmograue, fine, fiue ounces, seuen pennie weight and 109 ½ peeces.

Raynsbourgh, Taunte, fine, fiue ounces, seuen pennie weight and 109 ½ peeces.

Cost 1530, Roy, and fine, fiue ounces, seuen pennie weight and 109 ½ peeces.

Schafhuysen, Bauiere, fine, fiue ounces, seuen pennie weight and 109 ½ peeces.

Brandebourgh, Ottinge. fine, fiue ounces, seuen pennie weight and 109 ½ peeces.

The Ausb. Saxon Grosse, and Coniugsteyn fiue ounces, seuen pennie fine, and 108 peeces.

[Page]The Curiensis grosse, Kempton, Bassau, and Brisae, fiue ounces, seuen pence, and 106 ½ peeces.

Of Noiling, Ambass. Markegraue, George and Wormeser, foure ounces, 12 ½ pennie, and 94 ½ peeces.

The Grosse of Salsbourgh, sixe ounces 2 ½ pennie weight, and 118 ½ peeces.

The Grosse of Viena, sixe ounces, foure pennie weight, and 132 peeces.

Of Ausbourgh and Reynsbourgh, six ounces 4 ½ pennie fine, and 155 peeces.

Of Carinthia, Tauen, Basell, Shaf-huysen, Campido and Brisgraue, six ounces, and 118 [...]/2 peeces.

Nummi dragme, sixe ounces fine, and 140 peeces.

Nummi dragme, sixe ounces, 2 1/ [...] pennie fine, and 118 ½ peeces.

The Gulielmus of Turinghia, sixe ounces, fifteene pennie weight, and 129 peeces.

The Bohemia Senube and the halfe, 5 ounces, seuen pennie fine, and 129 peeces.

The 1 ½ siluer Grosse, three ounces 7 ½ pennie weight, and eightie seuen peeces.

The Kempter ½ Batts, foure ounces 12 ½ pennie weight, 192 ½ peeces.

The Munichen ½ Batts, foure ounces, [...]2 ½ pennie fine, and 186 peeces.

The Gulielmus Lion peece, two ounces, fiue pennie weight fine, and 150, and 179 peeces.

Peeces of twelue Creutzers, eight ounces, 7 ½ pennie weight, and 61 ½ peeces to the pound.

Of Viena, and Bauiere of twelue Creutzers, eight ounces, 7 ½ pennie fine, and 57 peeces.

Of twelue Creutzers tenne ounces, tenne pennie weight fine, and 61 ½ peeces.

Of six Creutzers, tenne ounces, tenne pennie weight fine, and 123 peeces.

Of three Creutzers, fiue ounces, ten pennie fine, and 136 1/ [...] peeces.

Of six Creutzers of Viena, eight ounces, 7 ½ pennie fine, and 114 peeces.

Of three Creutzers of Viena, foure ounces, 8 ⅓ pennie weight fine, and 129 peeces.

Of three Creutzers of Bauiere, foure ounces, eight penny weight, and 375 peeces.

Of Ausbourgh and V [...]me Creutzers 5 ounces, 5 pennie weight, and peeces 384.

Albi of Coloigne, Mentz, and Trier, 5 ½ ounces fine, and 345, 179, and 342 peeces.

Albi of Norenbourgh, Frankford, Bambourgh, and Palatin Rhene, foure ounces, eighteene pennie, and 273 peeces.

[Page]Bohemia white pennie, fiue ounces, seuen pennie weight fine, and 924 peeces.

Bohemia blacke pennie, two ounces, 13 ½ pennie fine, and 990 peeces.

Dupli Maui 1/9; of Gulielmus Turinghia, two ounces, fifteene pennie weight, and 440 peeces.

Simpli dupli of fiue ounces tenne pennie weight, and 882 peeces.

The 1/1 [...] of one siluer grosse, or duodena, three ounces 3 ⅔ penny weight, and 874 ½ peeces.

Duplus of two ounces fine, and 324 peeces to the pound.

The sixe grosse of Polonia, sixe ounces fine, and 13 7/8 peeces to the pound.

The Sigismond of Prussia 1534, 10 ounces, 11 pennie weight fine, and 69 peeces.

The other with the Armes of Dansicke, 10 ounces ½ pennie fine, and 69 peeces.

The Sigismond 1532, and 1535, but 10 ounces, foure pennie weight fine, and 69 peeces.

The foure grosse pennie, eight ounces fine, and 81 peeces.

The three grosse Prussia alb. 10 ounces, 10 ½ pennie fine, and 138 peeces.

The same of Melicin 1340, of 10 ounces foure pennie, and 10 pennie fine, and 138 peeces.

The grosse of Prague, nine ounces 12 ½ pennie fine, and 180 peeces.

The Ferdinand of Dansicke, 5 ounces fine, and 180 peeces.

The Wersbourgh soli of Dans and Prussia, 5 ounces 6 ¼ pennie, and 157 ½ peeces.

The two Crosses and Har, foure ounces fine, and 180 peeces.

The Bre 1499, the Key and Ioan, three styuers, ten ounces, foure pennie fine, and 156 peeces.

The eight Shilling of Dansicke 1541 fine, ten ounces, twelue pennie, and 156 peeces.

The Deghen of Russia, Moscouia, and de Narde, eleuen ounces, thirteene pennie weight, and 545 ⅓ peeces or Dengen.

The marke sticke of Lubecke, Ladie Marie tenne ounces 16 ⅔ pennie, and twentie seuen peeces.

The three Armes of Magenbourgh, fiue ounces 8 ⅓ pennie, and twentie seuen peeces.

The other peece of eleuen ounces, 3 ½ pennie weight, and fiftie one peeces.

The Franks of France, three to one Crowne, tenne ounces fine, and 26 ¼ peeces.

The Turones of France, tenne ounces, eighteene pennie weight, and 26 ¼ peeces.

The French two soulz, and foure soulz, six ounces 6 ⅔ pennie fine, and 117 peeces.

[Page]The double H and of one Soulz, three ounces, fifteene pennie fine, and 132 peeces.

The old soulz with ✚, foure ounces, fiue pennie weight fine, and 175 peeces.

The ordinarie French soulz, three ounces tenne pennie fine, and 147 peeces.

The late French soulz, three ounces 6 ½ pennie fine, and 147 peeces.

The Lyarts of France H. three ounces fine Scarce.

The Pettie denier, Pa. and Pettie denier Tor. one ounce ½, and 270, and 337 ½ peeces.

Pettie Maille were one ounce fine, and 450 peecs, and now all Copper.

The shilling of England of Queene Elizabeth, eleuen ounces, two pennie fine, and sixtie peeces.

The English groats, eleuen ounces, two pennie weight, and 129 peeces.

The English shilling of late, eleuen ounces fine, and sixtie two peeces to the pound.

The peece of nine pence, called siluer Harpe, eleuen ounces fine, and eightie two peeces.

The Base Irish Harpe, three ounces fine, and eightie two peeces.

The Old Harpe, nine ounces, sixe pennie weight fine, and 102 peeces.

The King Henrie base groat, foure ounces, two pennie weight fine, and peeces.

The English sixe pence or halfe shilling, eleuen ounces fine, and 124 peeces.

The pennie, two pence, and halfe pennie acordingly.

The three Ryall peeces of Albertus of Austria, ten ounces, fifteene pennie fine, and fortie peeces.

The single Ryalls, the halfe, and the fourth parts accordingly.

The double Guilder of Albertus, tenne ounces, 15 pennie weight, and 14 ⅗ 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 ⅔ 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.

[Page]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.

[Page]

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 cutt [...]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 [Page] 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 Commonwealth. 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 [...]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 six pence, and withall he did write vnto other Princes concerning the same, and Commissioners came ouer about it, but all was in vaine; whereupon he gaue an absolute authoritie to Cardinall Wolsey by letters patents as followeth.

HENRIE the eight, by the grace of God, King of England and of Fraunce, defendor of the Faith, Lord of Ireland, to the most reuerend Father in God, our most trustie and most entierly beloued Councellor, the Lord Thomas, Cardinall of Yorke, Archbishop, Legat de Leicester of the See Apostolicke, Primat of England, and our Chauncellor of the same, greeting. For as much as coynes of moneys, as well of gold as of siluer, be of late daies raised and inhaunced both in the realme of France,

Francis the French King, and Charles the fifth Emperor.

as also in the Emperors Lowcountries, and in other parts, vnto higher prices than the verie poiz weight and finesse and valuation of the same, and otherwise than they were accustomed to bee currant; by meanes whereof, the money of this our realme is daily, and of a long season hath beene, by sundrie persons (as well our subiects, as strangers, for their particular gaine and lucre) conueyed out of this realme into the parts beyond the seas, and so is likely to continue more and more, to the great hinderance of the generalitie of Our subiects and people, and to the no little impouerishing of our said realme, if the same be not speedily remedied and foreseene. We, after long debating of the matter with you and sundrie other of Our Councell, and after remission made vnto outward Princes for reformation thereof, finding finally no manner of remedie to be had at [Page] their hands, haue by mature deliberation determined, That Our coynes and moneys (as well of Gold as of Siluer) shall bee by our Officers of our Mint from henceforth made at such finesse, lay, standard and value as may be equiualent correspondent and agreeable to the rates of the valuation inhaunced and raised in outward parts, as is afore specified: whereupon Wee haue giuen commaundement by Our other Letters vnder our great Seale, to the Master Warden, Comptroller, and other Officers of Our said Mint, and to euerie of them, to see this Our determination put in execution of the said coynes by Proclamation or otherwise, as in the print, coyne, stroake of the same. Wherefore by these presents Wee will and authorise you to proceed not onely from time to time, when you shall seeme conueniently by aduice of such other Our Councell as you shall thinke good, to the limitation, description, and deuising, how and after what manner and forme Our said coynes and moneys may be brought vnto the rates and values, finesse, lay, standard, and print by you and them thought to be requisite, but also to appoint Our said Officers of Our Mint duely to follow, execute, obey, and fulfill the same in euerie point according. In which doing these Our Letters vnder our great Seate shall be your sufficient warrant and discharge; any Act, Statute, Ordinance or Law, or other thing whatsoeuer it be to the contrarie notwithstanding. In witnesse whereof We haue caused these presents to be sealed with Our great Seale, at Westminster the 23 day of Iulie, in the eighteenth yeare of Our raigne &c.

Graftons Chronicle doth record that all was to no purpose, for the inhauncing might on both sides haue run ad infinitum. Afterwards in the two and twentieth yeare of his raigne, finding that Merchants did transport still the moneys, or made them ouer by exchange, and made no imployment vpon the commodities of the realme; he caused a Proclamation to be made according to an old statute 14 Richard 2,Statute of imployment. That no person should make any exchange contrarie to the true meaning thereof, vpon paine to be taken the Kings mortall enemie, and to forfeit all that he might forfeit.

Hereupon it fell out, that lawlesse necessitie did run to the other extreame of imbasing the moneys by allay, whereby all things came to be out of order. For base money maketh euerie thing deere,Base moneys. and ouerthroweth the course of exchange betweene Merchants, and causeth much counterfeit money to be made to buy the commodities of the realme, and to destroy the good moneys, like vnto the seuen leane Kine of Pharaoth which deuoured the seuen fat Kine in a short time: as appeared of late within the realm of Ireland, which is more dangerous in those kingdomes where their moneys are of a rich standard, whereby many commotions happen,Commotions about base money. as in Fraunce during the raigne of Philip le Bell. And Peter the fourth King of Aragon, did for this cause confiscate the Islands of Maiorca and Minorca, now kingdomes in the Mediterranean sea, whereas the policie of those nations which do vse seuerall standards of moneys, doth preuent the same, because that promiscuously they make and coine moneys of seuerall standards according to the occasion, which is worthie the obseruation: [Page] ☞and as all extreames are vicious and defectiue, so doth it befall those countries which will haue no base money at all, and are made a prey vnto other nations by the exchange for moneys, which must be maintained withall, as I haue made and shall make more apparant.

Proportion betweene gold and siluer.The third effect or alteration of the Kings Valuation of money is the Proportion betweene gold and siluer, being in most countries twelue to one, that is to say, one pound of siluer for one ounce of gold wherein there is more operation than most men do imagine. For you cannot aduance or inhance the one, but you abate and diminish the other, for they ballance vpon this paralell. And whereas England by continuance of eleuen to one hath beene a great looser of gold; so now by aduancing the same not onely to twelue to one, but to 13 ⅕ for one, there hath followed a verie great losse of our siluer which is ouer much abated, as may appeare if we do but consider that the French Crowne of sixe shillings was answered with six shillings in siluer, and is now full seuen shillings and foure pence; and our six shillings in siluer are the verie same: for twelue ounces of Crown gold of twentie and two carrats at 3 ll 6 ss maketh 39 ll 12 ss, and 108 French Crownes the which are made out of the pound weight of twelue ounces at seuen shillings foure pence, maketh also 39 ll 12 ss. Hereupon to equalize the siluer vnto gold againe will breed a generall inhauncing of things within the realme, for the alteration of the measure of moneys causeth the denomination to follow in number to make vp the tale, which requireth great prouidence.Exchange fallen by the inhauncing of gold in the Low-countries For we find that other nations perceiuing our gold to be inhanced, haue abated the price of exchange, (according to which the prices of commodities are ruled) so that the same goeth at thirtie and foure shillings six pence, or thirtie and fiue shillings Flemish for our twentie shillings sterling, whereas before they did allow and reckon thirtie seuen shillings and six pence or thereabouts, which is aboue our inhauncing of ten pro cent. and ought to be almost thirtie eight shillings, whereof our Mint men c [...]n take no notice, much lesse our Goldsmiths and Merchants, which either are ignorant, or wise in their owne conceits; and it is a hard matter to find in one man that which belongeth to the professions of many, and when it is found to imbrace it; for wisdome draweth backe, where blind Byard is audatious.

For mine owne part, although it were to be wished (which is not to be hoped) that we were of the Scithians mind, who contemned siluer and gold as much as other men do admire the same: yet seeing money is by the iudgement of the wisest so necessarie to the common-wealth, that it seemeth to be the Sinowes of peace, and (as it were) the Life and Breath of warfare; I could not (if I were a Lawgiuer with Licurgus) banish gold and siluer as the causes of much euil, and bring in yron in place, vnlesse I might be persuaded as he was) of such good successe against vnrighteous dealings as issued thereby, but [Page] rather vse the pretious mettalls so conueniently as I might, and supplie the defect with baser coyne, whereunto these chiefe mettals of gold and siluer cannot serue without great losse and inconuenience: Or else I would by the course of exchange for moneys, preuent all and abound with moneys and bullion, hauing such Staple commodities to procure the same withall, whereof other nations are destitute. Let vs now therefore enter into consideration of the Merchants Valuation in exchange,Merchants valuation predominant. which we haue noted to be predominant and ouerruling the Kings Valuation. For if the King do value a peece of sterling siluer weighing about foure pennie weight at twelue pence, it wil be currant so within the realm. But Merchants in exchange wil value the same at 11 ½ pence, and commonly at eleuen pence, and so it will be transported in specie by a low exchange, and the commodities of the realme will be sold accordingly, as you may vnderstand by the declaration of exchanges in our third part of this booke hereafter.

This Valuation of Merchants hath two handmaides beyond the seas, which do aduance the forreine coyne in price, as we do by exchange abate the same. For Merchants when they haue occasion to vse any species of coynes for transportation (as Dollers for the Eastcountries to buy corne, or Royalls of plate for the East-Indies, or French Crownes for Fraunce) will giue one, two or three Styuers or Soulz vpon a peece to haue the same, whereby other Merchants buying commodities, will condition to make their paiment in such coynes accordingly;Currant money in merchandise. and so it goeth from man to man by tolleration which is called Currant money in merchandise, or Permission money, whereby the same are inhaunced two or three vpon the hundreth at the least. This inconuenience seemeth to be remedilesse, as the Placcart of the Estates of the vnited Prouinces declareth,Anno 1594. albeit the course of it is beneficiall vnto them, and in regard of them may well be called Permission money. For when they will not breake the coyne of other nations (as the manner is in all Mints) then it is either valued rather aboue the value, which contenteth the said nations, and so is permitted to passe betweene man and man, which draweth moneys vnto them which doth not endure long.Valuation altered by practise with Mint masters. For the last and third effect of Merchants Valuation between the Mint-masters (who loue to be doing) and the said Merchants commeth in place, either by abating the price of the said forreine coyne by Proclamation to auoid their hands of it, or to gather vp coynes before they be inhanced, diuiding the benefit between them & the Financiers, who are Officers of their Treasurie, which is done with great dexteritie euerie way; in so much, that when it seemeth they will not haue forreine coyne, and to that end they vnderualue the same; then haue they their Exchangers or Brokers to gather vp those moneys to be brought to their Mint, where they will giue secretly a benefit, and helpe themselues by the sheire, which cannot be done without priuate authoritie: So that all things duely considered, there is nothing but the rule [Page] of exchange to preuent and moderate all these inconueniences, which (to make men beleeue) is to vndertake Hercules Labours; for herein doth the motion consist, and Motus maior expellit minorem.

Touching the Proportion betweene gold and siluer in valuation; albeit some are of opinion, That the same is not much materiall in the course of trafficke, yet experience hath shewed vnto vs, that the contrarie must be beleeued before their conceits: And whereas they haue made obseruation vpon my former assertion to this purpose, That Spaine holdeth the Proportion of twelue to one, and Portugall holdeth but ten to one; they doe not marke the reason added therevnto, which is, That betweene those Kingdomes there are no commodities to establish any trafficke. So that exportation of siluer for gold,Permutation of Moneyes. or gold for siluer, is but a permutation betweene them without any profit: But England and other Countreys affoording meanes to import aboundance of forraine commodities, and gold being with vs in greater estimation than heretofore (being but of late yeares aduanced from eleuen to twelue for one,An. 1611. that is to say, From eleuen ounces of siluer to twelue ounces of siluer, for one ounce of gold) was continually transported in returne of the said forraine commodities, the exchange not answering the true value of the gold: so that now when our gold is yet more aduanced, the siluer is thereby more abated in price, giuing 13 ⅕ for one: and therefore no maruell that gold is imported vnto vs, and siluer is exported, there being a gaine of aboue tenne and twelue pro cent. And this losse of siluer farre exceedeth the gold in value, because in quantitie there is in the world 500 of siluer to one of gold:Siluer is 500 to one in quantitie, by weight extant. and if any siluer by accident be imported, it is exported againe for the East-Indies and other places, they giuing more for it than the price of our Mint; for gaine is the commander of all.

The Proportions vsed within the memorie of man, are as followeth.

IN the Low-countries they did reckon two Phillip Dollers, for the Emperours Royall of gold, whereby one marke of gold did counteruaile eleuen marke of siluer, being eleuen to one in the pound accordingly.

In Spaine one marke of gold was valued at 53 ½ Pesos, euerie Peso 450 Maluedeis, and euerie marke of Siluer 2250 Maluedeis, maketh the marke of gold to be but 10 ⅔ valued by siluer: but the Spanish Pistolets of twentie two Carrats fine, to eleuen Royalls, is eleuen of siluer to one of gold.

In France the marke of gold valued at seuentie foure Crownes, and the siluer at 6 ⅓ Crownes, maketh the proportion 11 11/19 parts, but valuing the French Crowne at three Frankes, is eleuen to one.

In England the Angel at ten shillings, and the siluer at sixtie shillings the pound Troy of 12 ounces, being that six Angels did weigh an ounce, made also eleuen to one.

[Page]In Germany one marke of Siluer, at 8 ½ Gold guilders, maketh 11 ⅔ for 1; but the valuation of moneys being altered hath also altered the same.

In Rome the pound of siluer at 108 Carlini, and the Ducat of gold 99 ¼ is 12 to 1. So at Millaine the Ducat 112, and the Teaston 28 is but 9 ⅓ for 1. The siluer being so in request there for the making of gold and siluer threed, that is to say, siluer threed guilt and white. Now for all places of momentarie trafficke it is 12 to 1, and in England 13 ½ to 1, as hath beene declared.

The valuation of forreine coyne of gold and siluer, published in the vnited Low Prouinces on the 21 day of Iulie 1622, with the orders established by the Estates of the said Countries, for the better obseruation of the said valuation, which neuer the lesse are continually infringed from time to time: And the like is done in other countries; so that to obserue our owne rule according to Equalitie and Equitie, will be found the best and safest course of Politicke gouernment.

| Guilders. | Stiuers. | Flemish.
The great golden Ryder of the vnited Prouinces. | 11 | 6 or | 37 s [...] | 8 d
The halfe of the said Ryder | 5 | 13 | 18 | 10
The double Ducat of the said Prouinces with the Letters | 8 | 10 | 28 | 4
The French Crowne | 3 | 18 | 13 | 0
The Pistolet of Spaine of foure Pistolets | 15 | 8 | 51 | 4
The double Pistolet of Spaine | 7 | 14 | 25 | 8
The single Pistolet after the rate | 3 | 17 | 12 | 10
The Albertins or ducats of Albertus of Austria | 5 | 13 | 18 | 10
The double Rose Noble of England | 18 | 12 | 62 | 0
The Rose Noble of Henricus, Edward, and Queene Elizabeth | 9 | 6 | 31 | 0
The Henricus Noble | 8 | 6 | 27 | 8
The Flemish Noble old and new of the vnited Countries | 8 | 0 | 26 | 8
The old Angell of England | 6 | 4 | 20 | 8
The new Ryder of Guelders and Freeseland | 3 | 13 | 12 | 2
The gold Guilder of those Mints | 3 | 2 | 10 | 4

All which coynes are to bee weighed with their accustomed weight, and the remedie of two graines and no more, with some little aduantage ouer, or at the least being within the rest of the ballance: Prouided alwaies, that the coynes of their due finenesse (although they be lighter) shall be currant, paying for euerie graine wanting, two stiuers.

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Siluer Coynes.

| Guilders. | Stiuers. | Flemish.
|  |  | ss. | d.
The Lyon Doller of the Low Prouinces | 2 | 0 | 6 | 8
The Rickx Dollers in generall | 2 | 10 | 8 | 4
The Crosse Doller of Albertus | 2 | 7 | 7 | 10
The Spanish Ryalls of 8 | 2 | 8 | 8 | 0
The Doller of Zealand and Frise with the Eagle | 1 | 10 | 5 | 0
The Floren or Guilder of Friseland | 1 | 8 | 4 | 8
The English Shilling, and of great Brittaine | 0 | 10 ½ | 1 | 9
The Marke peece, or Thistle of Scotland | 0 | 12 | 2 | 0
The Harpe of Scotland and Ireland | 0 | 8 | 1 | 4

And if any of the said peeces be found to want of their weight, and the appointed remedy, within the rest of the ballance, or some little aduantage ouer, they shall be currant, paying (for euerie graine wanting) two pence Hollandts, whereof 16 make one stiuer, and the English groats are made bullion, or shall not be currant.

Small Moneys for ordinarie payments.

THe Shillings of all the seuerall Prouinces respectiuely, and of the Mints of Nimogen, Deuenter, Campen and Swoll | 6 Stiuers
The halfe Shillings after the rate | 3 Stiuers
The peeces called Flabs of Groninghen 4 stiuers, the double | 8 Stiuers
The twintigst part of the great siluer Royall | 2 ½ Stiuers
The double and single stiuers of all these countries | 2 & 1 Stiuer

The tenth to be receiued in copper monies1 Of all which small moneys for the payments of rents, interest or abatement of the same, as also of all manner of Merchandise exceeding in one parcell the summe of one hundreth Guilders, no man shall be bound to receiue more than the tenth pennie.

2 The Duyts according to the order of the Prouinces made in the Prouinciall Mints, and none other, are as yet tollerated for a Duyt: and all other copper moneys of the Prouinciall Mints are also tollerated to be paied out for one pennie the peece, the 16 whereof make one Hollandts Stiuer and not aboue; whereas we do intend hereafter to prohibit the same to be currant for any price, because wee will prouide our selues forthwith with so much copper mony as the commodiousnesse shall require.

3 We do also prohibit from henceforth no copper moneys to be brought into these countries aboue two stiuers, vpon paine often stiuers for euerie peece to be forfeited: and whosoeuer shall issue any copper moneys aboue the said price, shall incur the like penaltie of ten stiuers for euerie peece.

4 And all the said coynes shall be currant in these Prouinces for [Page] the prices aforesaid, declaring all other peeces for bullion,All other coynes made bullion to be molten. which by this Our proclamation are not valued, prohibiting any of the said peeces to be offered or receiued; as also to presse any of those which are valued to be paied at a higher price than they are valued, and likewise offer to put forth other coynes of gold and siluer valued, which are clipped, washed, broken, mended, neiled or otherwise augmented in weight, vpon forfeiture of all the said coynes so to be offered at higher rates than this proclamation doth permit: and if the fact be not instantly discouered, to forfeit the value thereof, and moreouer the quadruple or the value thereof, or 24 guilders in liew thereof, if the said coynes did not amount to sixe guilders for the first time, the second time double, and for the third time quadruple; and moreouer arbitrable correction according to the qualitie of the fact.

5 Without that any distinction shall be made, whether the said coynes were instantly paied from forreine parts, or sent from some one Prouince or Towne into another, in which case, if the receiuer thereof will be freed of the said forfeiture, he is to giue notice of it within twentie and foure houres after the receipt thereof vnto the Magistrates or other Officers to be thereunto appointed, to the end they may proceed therein against the sender of the said coyne, as it shall or may appertaine.

6 Yet shal the said Receiuer keepe the said coyns wholly to himselfe, if the said moneys be sent vnto him in paiment of a former debt, and neuerthelesse haue his action against the partie for so much as they shall want of the said valuation: and if the said coynes be sent for any debt as yet not due, or to be made, the said Receiuer shall reserue to himselfe so much as the forfeiture commeth vnto, and the remainder shall be deliuered to the said Magistrate or Officer.

7 The Magistrats in places also where all such moneys are sent at a higher rate than the said Proclamation, shal be bound to make good the said inhancing vnto the Receiuer to whom the said moneys were sent; yet so that they may redemaund the same of the Magistrate of the place from whence the said coynes were sent, who shall also instantly reembourse the same and haue power to recouer it, with the forfeitures therunto belonging, and hereby ordained against the persons and goods of those who haue sent the same at a higher price.

8 All which shall bee obserued also from the one Prouince vnto another, or the Counting-houses of the generalitie, wherein they shall be ayding and assisting each other, to maintaine the said Proclamation accordingly.

9 And We do intend that the said forfeitures shall be imposed as well vpon the receiuer as vpon the payer, euerie one to the full, vnlesse one of the parties did forthwith denounce the same to the Magistrates, in which case (whether he be the receiuer or payer) he shall be quit and free of the said forfeiture, and moreouer enioy the one third part of the offendors forfeiture.

10 Prohibiting and expressely commanding, that no man henceforth [Page] shall presume to buy or sell any wares or merchandises, or deale for moneys by exchange or interest, nor buy new or old rents, or otherwise deale and negotiate than according to the said price and valuation of moneys of this Our permission and Ordinance, vpon forfeiture of the said summes, and moreouer quadruple the value thereof.

11 Our intention being, That no paiments of Imposts, Demesnes or Reuenues of Lands, Townes, Villages, contracts of Merchandises, Hires, Rents, interest or any Debts shall be paied than according to this our valuation; to weete, euerie Guelder with the one halfe of a Lyon Doller, and one pound Flemish with three Lyon Dollers, or with other coynes of gold and siluer, according to their intrinsicke value, as the said Lyon Doller, or the great Golden Royall now containeth. After which two (as being chiefe and standard peeces) all the precedent moneys of gold and siluer are valued;Standard peeces of the vnited Low Prouinces 1622. without that it shall be lawfull vnto any man to make any lighter paiment than according to the said valuation, vpon paine the same to be void, and no course of law to be ministred thereupon, and moreouer to incurre the penaltie in the next Article mentioned: according to which, all courts of justice, Magistrates of the bench or iudgement seates, and all other Iustices are to pronounce their sentences, and to make their decrees, notwithstanding any trespas which contrarie to Our intention and expectation might be practised, or at any time be put in vre, cancelling from henceforth all those which are contrary to the same, forbidding any execution, depositation of moneys, or other courses of justice to be done therupon: declaring moreouer, that all such Iudges as shall haue pronounced the sentences, and the said Officers that shall haue assisted therin shall forfeit and incur the penaltie of fiue Netherland golden Royals for euerie person at euerie time.

12 And to the end that the stabilitie and certainty of this valuation (which we haue taken to heart and in singular commendation, and intend further to care for) may take the better effect, We do ordaine, that instantly vpon the publication of this Proclamation (whereof mention is made in the latter end) all persons being in any office, Estates and Officers high and low, ciuill or militarie of countries, towns, members of colledges, or particular Lords within the said vnited prouinces, shal take their solemne oath for the performance of the said ordinance, to cause the same to be maintained and obserued for so much as any maner of waies may concerne their offices & command.

13 And if any of the said persons should perchaunce be found forgetfull, and to haue transgressed the aforesaid points in the paying out, or receiuing of coynes not permitted by this Our ordinance; likewise of clipped, washed, cracked, mended, nayled, or otherwise augmented coynes in weight, or giuing them in payment at a higher price than this Our ordinance; We do order and establish, that all the said forfeitures committed, and to be committed, shall (respectiuely) be paied double. And moreouer, if they issue any [Page] coynes made bullion, or other moneys aboue their values, they shall be depriued of their offices, vpon the verification of the fact, without any pardon to be obtained for the same.

14 And the better to bring this ordinance in course, We do prohibite all Treasurors, Receiuers, Rent-gatherers, their Deputies or Clarkes, and all other persons being in publicke seruice or administration to pay any of the said moneys by assignation or otherwise, but to returne the same where they haue beene receiued, vpon the forfeitures aforesaid, vnlesse it were that the assignement were made vpon publicke Counting-houses or Bankes, and not vpon particular persons, as Fermers, Collectors, and the like, being likewise bound by the same oath; but this is to be done but once by him vpon whom this ordinance falleth out, and no further.

15 And to discouer the offences which they might do in their payments, We do order, That instantly when any payments are made, they shal indorse vpon the acquittances and discharges of their payments (amounting to the summe of one hundred Guilders) the seuerall species of gold and siluer wherewith they haue made the said payments, and the price according to which they haue paied the same, with mention also of the graines which are wanting and payed for, to be subscribed by him that hath receiued the same, to the end, that vpon their accounts notice may be taken thereof, vpon forfeiture that the said acquittances or discharges shall not be allowed: and whosoeuer doth receiue the said species and not vnderwrite the same, shall forfeit the fourth part so by him receiued.

16 Commaunding the Auditors (respectiuely appointed) to take the accounts of the said Accountants to gouerne themselues accordingly, and not to allow of any acquittances or discharges than is aforesaid, but by the said acquittances to find out the offendors.

17 Moreouer the said persons are bound,Marking and weighing of forreine s [...]luer. that whensoeuer any coynes of gold shall be receiued by them, which are too light, they shall with a ponchion marke the same; and vpon the siluer coyne, they shall for euerie farthing or eight graines which the peece is too light, put vpon the said peece one graine or round O before they issue the same, vpon forfeiture of halfe a Ryder for euerie peece.

18 They shall also for those to whom they shall pay any moneys, haue in readinesse ballances and weights in their places where they keepe their Banks, vpon forfeiture of halfe a Ryder for euerie default to be made therein.

19 And all the said countable Officers, as well generall as particular, shall be bound to haue this our ordinance with the figures alwaies readie vpon their Bankes or Counting-houses, as also a proclamation fit to be affixed in print, declaring the Valuation of the said coynes, to the end euerie man may gouerne himselfe accordingly, vpon forfeiture of fiue Netherland Ryders, to be paied as often [Page] as they shall be found without them in their said Offices or Counting-houses.

20 Prohibiting all Receiuers, Bankers, and Exchangers, their Deputies and Officers, together with all Merchants or other persons of what qualitie and condition so euer, to cull out any coynes, to separate the light ones for to be issued, and with the weightie ones' to make a benefite, vpon forfeiture of twentie and fiue Neatherland Ryders.

21 Prohibiting also that none of the coynes of Gold and Siluer which are valued by this Our Proclamation (vnlesse it be the Spanish Ryall of 8, with his Proportions) shall be deliuered into any Mint to be molten; to which end, we commaund all the Mint-masters of these Prouinces, that they do not receiue any of the said coynes for to melt them:There will be no cause to do it. and if any be so brought vnto them, to detaine the same, and to giue notice thereof vnto the Generalls of the said Mints, to proceed therein as it shall appertaine. And whoseuer shall be found to go about to sell the said coynes, or hath sold or broken the same, We will haue the same to be forfeited, and the double thereof ouer and aboue.

22 Prohibiting also the importation of any coynes (not valued by these presents) either of Gold or Siluer to be brought in, for to be distributed.

23 And for the better discouerie of the said first authors or importers of prohibited coyns, We do command all Our Officers to do their vtmost endeauours to inquire of those with whom they shal find any of the said coynes of whom they had the same, and so from person to person, vntill the first importers, causing them to be punished as aforesaid, vnles some can name his first author, wherwith he shal be cleered of the said forfeitures: and if he do voluntarily accuse his author, he shall inioy the one third part of the same; and the said first importer shall be banished out of all the said Prouinces.

24 If any Officers shall make doubt, that any of the said persons haue not dealt well, or misbehaued themselues, then shall they (with the Magistrate) haue authoritie to put them to their oath, of whom they haue receiued the said coynes, and at what price they haue receiued and paied out the same: and if they denie to declare the same by oath, hee shall be taken as conuicted of the said trespas, according to this ordinance. But if without equiuocation he will roundly declare the trueth, wherby the fault shall appeare, he shall be pardoned of the forfeiture, and also enioy one third part of the offendors penaltie, if it be to be had.

25 And in like manner they may, and We do authorise them by these presents, to seize and open coffers, trusses, and the letters of Messengers, where they haue suspition to containe any coyne. Prouided alwayes that the said opening be done in the presence of him to whom the said coffers, trusses, or letters were directed, if they can instantly come at them, besides some one of the Magistrates where [Page] the said seizure is made; to the end that thereby the name may bee knowne of him who hath sent the said moneys at higher prices, and to no other effect.

26 All which penalties and forfeitures shall be distributed, the one third part to the poore of the towne where the penaltie falleth; the other third part to the accuser, and the other third to the officer who shall challenge the execution to be done; vnlesse it were that the said forfeitures did exceed the summe of fiue thousand Guilders: In this case the one halfe shall bee for the benefit of the common cause, and the other halfe to be diuided proportionably betweene the said three parties. And to the end the accuser herein may doe his vttermost diligence, his name and person shall be concealed so long as possible it may be.

27 And herein we vnderstand, that not onely the person which hath committed the said trespasses shall bee subiect to answere for himselfe, but also for them of his family: The Husband for his wife, the Parents for their children, the Masters and Mistresses for their seruants, men, or maides, vnlesse it were the said seruants had done the same without their priuitie or knowledge.

28 And to the end that this our present ordinance, may bee kept and fully accomplished in all her points: We doe order and command all the officers of our said Prouinces, and euerie one in his office, to haue an especiall care and regard of the infringers and transgressors of this our ordinance, and to bring them before the Magistrates of their iurisdiction: Without that the said forfeitures be any wayes diminished, vpon penalty to be deposed of their offices, and euer after to be disabled to serue in any office, without that they may excuse themselues by ignorance, or by a generall transgression of our ordinance; which excuse shall not be auaileable vnto them, but our intention is to punish them for their negligence and sloth.

29 We doe further command all Magistrates and Iustices, that setting aside all other businesses and affaires, they doe proceed herein summarily, onely the truth of the fact being knowne, to the condemnation of the transgressors, as soone as by two witnesses they shall bee conuicted: And [...]heerein shall the testimonie of the like offender be admitted, and their sentences shall be without appeale or any preiudice.

30 We will and command, That whensoeuer it shall manifestly appeare that the persons haue transgressed, and are found vpon the fact, or that by two witnesses the same can be prooued against them, the offendor shall be bound to deposite the said forfeitures, before he shall be admitted to defend himselfe by the Law, whereunto he is to be compelled instantly, by the apprehension of his person and otherwise: And if it be found that hee is not able to pay the said penalties, hee shall be punished by corporall punishment as the cause shall require.

31 The Iudges and Magistrates shall haue no authoritie to diminish [Page] or moderate their decrees and sentences concerning the said penalties, vpon forfeiture to pay themselues the double value thereof: and if any of the said offendors should obtaine of the higher powers any fauour or abatement, yet shall they bee bound to satisfie the accuser and the officer for their said part proportionably, according to the said forfeitures.

32 And to the end that Our ordinance may bee better obserued, We doe will and order, That the Councell of State of the said Prouinces vnited, shall call before them the Receiuer Generall of the said Netherlands, the Receiuer of the Contributions, Confiscations, and other ordinarie meanes which are letten to ferme, or to be collected, together also with the Commissaries, Clarkes and seruants of counting-houses, as also the Commissioners of musters, ammonition, victualls, and wagons, and to cause them solemnely to sweare to obserue and keepe all the points and Articles of Our said ordinance.

33 The Councell of State also shall appoint Commissioners for musters, to take by the course thereof, the oath of all Collonels, Masters of horse, Captaines, Lieutenants, Ancient-bearers, Serieants, Clarkes and Sollicitors of Companies in Our seruice millitarie: which oath being taken, shall forthwith (by forme of Act) be sent vnto the Councell of State.

34 Likewise that the Councel of Admiraltie, the Officer of Convoyes, Masters of Licents, their Commissaries, Clarkes and seruants, and others that are accountable, shall doe the like.

35 We doe further order, that the Committees of Our Councell, the Councel Prouincial, or of Finances of euery respectiue Prouince, for themselues, or their Committees shall call before them all accountable Officers, as well Stewards of the Demaynes and spirituall liuings, Receiuers of the ordina [...]ie meanes, Collectors of toles, and all others, with their Clarkes and seruants, which haue the managing of the coynes of particular Prouinces. Item, The Registers and Secretaries, Aduocates, Procters, Warders of Colledges, courts, and chamber of finances to take the aforesaid oath.

36 The Committees of States, and their Deputies or Councell Prouinciall, shall haue care also, that all Townes and Villages of the said respectiue Prouinces, shall take the said oath before them that are accustomed to take the same; and where the same cannot conueniently be done, the said Committees of States, their Deputies and Prouinciall Councell, shall appoint in all Townes and Villages some persons to take the said oath, before the Borough-masters, Magistrates, Treasurers and Secretaries of the said Townes and places: also the Gouernours of the East-India Companie, and all other Companies alreadie erected, or which hereafter shall be erected, as also all Treasurers, Receiuers, Rent-gatherers, and their Committees, or Clarkes of Lords, Princes, Earles, Barons and other of higher powers: Item, all Deacons of Churches, Masters of the Hospitalls or Orphants, Almoners, [Page] and all those that serue in Almes-houses, houses of correction or Colledges, and their seruants. Item, All Bankers of moneys, their Deputies and seruants, all Masters of Corporations or Societies, Masters of handie-crafts-men, or trades, such as liue by Rents, Merchants in Grosse or by Retaile, Shop-keepers, Brewers, Wood-mongers, Herring-mongers, Cheese-mongers, Dyers, Beere-mongers, Inne-keepers and Tapsters, and all those that vse any trade: Item, all Chamberlaines and Notaries resorting vnder them, Collectors of small duties, Fermers, Impost-master, and of consumptions, Tole-gatherers, gatherers of Poundage, Brokers, and their Committees, Clarkes and seruants within Townes and other places residing respectiuely vnder them. And further all those that the Magistrate of euerie towne, place, or village shall hold conuenient or iudge to be necessarie shall take the said oath, vpon penaltie (in case of refusall) to pay euerie day three guilders so long as they doe not performe the same according to the Proclamation: and moreouer to lose their freedome of a Citizen, & of their trade, office, or traffick; so as no man shall be admitted vnto his office, trade, or trafficke to exercise the same, vntill he haue first (in conformitie of Our said Proclamation) taken the said oath.

37 We haue also concluded and thought good, That the Councell of State, the Councell of the Admiraltie, the Committees or Deputies of the said respectiue Prouinces, and all Courts of Iustice, shall promise vnder their Signature, vpon the oath they tooke at the entrance of their office, to keepe all the said points and Articles, none excepted: And the said Courts of Iustice, shall (in forme of Act) send the said oath of all the said seuerall persons mentioned in the former Article to the said Lords, Estates of the said respectiue Prouinces, or in their absence to the Committees or Deputies of States, within fourteen dayes after the publication hereof: which Committees or Deputies of States shall within other 14 dayes after that send the same vnto the Estates Generall, to know thereby that this Our ordinance is receiued, and the obseruation thereof established: the like is to be done by the Councell of State, or of the Admiraltie and their Committees or Deputies, and others within the time aforesaid.

38 Ouer and aboue all the aforesaid oathes, to be done respectiuely by euery one, the said Prouinces haue mutually promised, and by these presents do promise each to other, to obserue and cause to be obserued the said Proclamation in all and euery point and Article, without any alteration to be done therein, making void and annihilating from hence forward all particular graunts, consents, ordinances, priuiledges, permission or commaund, which (contrarie to the said valuation) in part or in the whole, by any of the said Prouinces, Townes, Colledges, and Magistrates, or other members of the same, might be giuen and granted, being opposite to the common good and welfare of the countrey.

39 Also because that hereby the said valuation is much eased, for [Page] the multitude of coyne, whereby it is apparant, that many coynes of Gold and Siluer Bullion shall be incident in these Prouinces, to the end Our inhabitants be not ouermuch charged with the same, but with the least grieuance might be freed thereof; Wee will and command the Generalls of Mints, instantly and with all speed, to take care that in all townes of these vnited Prouinces, with the approbation of the Magistrates respectiuely, where there are no Bankes of Exchanges, nor Exchangers, there be appointed one or more persons of credit and reputation (as the conueniencie of the place shall require) to be Exchangers: and in places where such persons are to bee found as are fit thereunto, that the Magistrates shall procure them, and giue them honest recompence, and to furnish them with conuenient instructions and commissions, vnto whom or into the Mints, euerie man hauing Bullion shall deliuer the same, as is mentioned in the Manualls thereof: prohibiting vnto all men that are not authorised thereunto, not to meddle with any exchanging function directly nor indirectly, vpon forfeiture of fiftie Netherland Golden Ryders in specie for the first time, and double the second time, besides arbitrable correction: the one third part to the benefit of the officer, the other third to the accuser, and the other third to the Exchangers of the place where the said penalties or forfeiture shall happen.

40 And for the better obseruation of this present ordinance and command, We doe order and command, That the same shall be published in all accustomed places where Proclamations are made, euery three moneths precisely, and as often as occasion shall require to bee renued and published; requiring therefore the States of euerie respectiue Prouince, and their Committees or Deputies of States to cause the said publication to be done at the dayes nominated.

41 Finally, albeit Wee haue caused the said valuation to bee [...]stablished vpon a firme and sure ground, without limitation thereof to any time certaine: 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 [Page] 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 [Page] 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;)

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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 a dog vseth to bite or gnaw vpon a bone, so that he that biteth not doth not commit Vsurie; for Vsurie is none other thing than a biting, as I said of the verie Etimologie and proper nature of the word, otherwise it cannot be called Neshech, as the Hebricians say.

According to the definition then of biting Vsurie, we are to proceed in this discourse, after that we haue briefely declared the Laws and Prohibitions against Vsurie, wherein wee must begin with the holie Scripture, obseruing these places.

God saith in the 22 of Exodus, Holie Scripture. If thou lend Money to any of my people. that is poore by thee, thou shalt not be an Vsurer vnto him, neither shalt thou oppresse him with Vsurie. In another place,Leuit. 25. If thy brother be waxen poore and fall into decay with thee, receiue him as a stranger, or a soiourner, Deut. 23. and let him liue by thee, and thou shalt take no Vsurie of him, nor yet aduantage; but shalt feare thy God, that thy brother may liue with thee. Psal. 15 [...] Ezech. 18. Matt. 5. Luke 6. Thou shalt not lend him thy money vpon Vsurie, or lend him of thy food to haue an aduantage by it. Adde vnto this the places noted in the margine, and so let vs come to the holie ancient fathers. Saint Hierome saieth, There is no difference betwixt Vsurie, Fraud, and violent Robbing.Ancient Fathers. Saint Augustine saieth, An Vsurer is he said to be who doth demand more in money, or any other thing else, than he hath deliuered: according to which the said Saint Hierome also saieth, That some do thinke Vsurie to be onely in money; but let them well vnderstand, that Vsurie is an ouerplus in any thing aboue that which was lent.Amb. de beno mortis. Saint Ambrose likewise saieth, If any man take Vsurie he doth commit extortion, rapin and pillage, and shall not liue the life; as who should say, he shall die therefore. To omit many other of the said ancient fathers, Saint

[Page] Bernard saieth, That the Vsuror is a theefe in law, because the Ciuile Law telleth him before hand what it is that he must rob from others, as who should say, such Lawes as permit Vsurors are lawfull theeueries.Canon Law. Hereupon the Canonists haue made Vsurors to be defamed persons: and if any man make (by his last Will and Testament) any goods vnto them, the Testament may be broken, neither are they to communicate with Christians, or to enter into their congregation to offer any oblation; and when they are dead, they should not be buried in Christian buriall, and if they be, the doers thereof are excommunicated.

DecretalsDecretals and Clementines, made by diuers Popes, are directly against Vsurie. Alexander the Pope doth straightly forbid all Vsurie, not onely vnto the Clergie, but also vnto the Layitie. In the booke Sextus Decretalium, Gregorie the tenth Bishop of Rome of that name, saieth, We (being desirous to stop the gulfe or whirlepooles of Vsurie committed, which doth deuoure soules, and vtterly wasteth wealth) do command vpon the threatnings of Gods curse, that the constitution of the latter Concile set forth against Vsurors be without any violation at all, fully & wholly obserued: and therupon a prohibition is made, That no Corporation, Colledge, or Vniuersitie shall let any house or dwelling place to any stranger Vsuror.

Ciuile Law. Baldus the Ciuilian speaketh bitterly against Vsurors in his booke of Councells, saying, That Vsurie is a gainefull piracie, contrarie to nature, vpon the loane of any thing that consisteth vpon Number, Weight, and Measure. Bartolus saieth, That all Vsurie is vtterly forbidden, and offensiue to God and man: So doth Panormitane, and diuers others learned in the Ciuile Law.

Aristotle. Aristotle in his Politickes sayeth, That such money as bringeth forth money through Vsurie, is an ougly beast that bringeth forth monsters, from time to time, such as are not in nature.

The Romanes being in their most flourishing estate, made a law by their twelue Tables, that no man should put forth money vpon Vsurie, but after one in the hundreth, called Faenus vnciarium, whereas before that time, rich men might take at their pleasure. Afterwards it was ordained at the intreating of the Tribunes to take an ounce and a halfe, and that was thirtie shillings in one hundreth pounds: after that it came to foure in the hundreth, called Triens: and last of all to six in the hundreth, called Semissis. And yet all these alterations and diuersities of suffering in Vsurie notwithstanding,Genitius Law. one Genitius a Tribune published a law, That it should not be lawfull for any man to be an Vsurer at any hand, or by any maner of meanes; and so by all deuises that might be, it was vtterly forbidden by diuers Edicts and Proclamations, which being often repressed, did yet notwithstanding breake out by wonderfull strange meanes. Wherefore Tiberius Caesar to remedie this euill, and that no Vsurie should be vsed, he caused a maruellous masse of money to be laied in banke, to the summe of two millions and an halfe of Crownes, being fiue hundred [Page] thousand pounds English or sterling, and tooke order that euery man should haue credit for three yeares without paying any Vsurie at all,Cornelius Tacitus. putting in suretie for the double value of that he borrowed. And Cornelius Tacitus (a renowmed Writer) saith, The canker of Vsurie is an old venimous sore, and the chiefest head and cause of rebellion and variance in Countreys and Common-weales; and therefore it was altogether banished in the old time, when least corruption of life appeared amongst men. Lucullus so hated the excessiue dealings of the Vsurers, that wheras all Asia was ouerwhelmed with Vsurie, he cleered the same vtterly from all Vsurers. And so did Cato in Cicilia.

Anthoninus Pius, Alexander Seuerus, Claudius Vespasian, Leo, Emperours. and diuers other Emperors did restraine the couetousnesse of Vsurers from time to time: And the Emperor Charles the fifth (of late yeares) at an assembly at Augusta in Germanie, did conclude with the assent of the whole Empire, That no manner of contract that had any fellowship with Vsurie should be allowed; but rather that all Vsurie should be auoided for euer, and be neuer more vsed, and if any were found to haue made any such contract, the same man to forfeit to the Magistrate or ordinarie Iudge, the fourth part of his principall summe.

Plato the Philosopher warneth among other things,Philosophers, and Orators. in his fifth Booke of Lawes, That no bodie whatsoeuer hee bee, that will beare the face of an honest man, doe let out his money for Vsurie or gaine. The like saith Cicero, and many other learned Philosophers and Orators, as we haue noted of Aristotle.

So did diuers Law-makers banish Vsurie,Law-giuers. and vtterly suppresse the same; as Licurgus in Sparta amongst the Lacedemonians, Amasis in Egypt, Solon in Athens, Sergius Galba in Africa, being gouernour vnder the Emperour Claudius, and diuers others. So that Vsurie is condemned and forbidden by the holy Scripture, the Imperiall Lawes, Ciuile and Canon Lawes, ancient Fathers, Decretals, learned Philosophers, eloquent Orators, Historiographers, and Law-giuers. The consideration whereof caused me (some yeares since) to write a small Saint George for England. Treatise of the Operation of Vsurie in Kingdomes, States, and Common-weales; shewing (although allegorically) the effects of it, with the six members of euerie Common-wealth; which are Clergie-men, Magistrates, Noblemen, Merchants, Artificers, and Husband-men, by ouerthrowing the harmonicall gouernement of them, by too much inriching some, and by oppressing and impouerishing some others, bringing the instrument out of tune, when as euerie member of the same should liue contented in his vocation, and execute his charge according to his profession, whereby all things should be gouerned in the best and most assured manner that can be deuised, and (as it were) seeking a kind of certaintie in vncertainties, which is termed (Policie:) For all worldly and transitorie things being mutable, maketh the world properly to consist of discord and dissention, a verie vncertaine ground to build vpon, and yet a certaine equalitie and concord is required in euerie well gouerned Commonwealth, [Page] the Prince and gouernour hauing the disposing both of the one and the other: Equalitie, concerning trafficke and commerce betwixt his dominions and other countreys; and Concord amongst the members of a Common-wealth, when euerie member thereof doth liue contentedly and proportionably in his vocation. Both these are confounded by intollerable Vsurie, which is described vnder the inuented historie of Saint George, The Historie of S. George. whereby our Sauiour Christ was prefigured, deliuering the Virgin (which did signifie the sinfull soules of Christians) from the Dragon, or Deuils power. So by the person of Saint George is vnderstood the Kings authoritie, armed with the right armour of Christians, who with the sword of the Spirit of Gods most holy Word, explained and corroborated with seuerall other Lawes, signified by the Pybald horse whereon hee was mounted, did destroy the Dragon (Vsurie) hauing two wings to aduance himselfe, being Vsura palliata, and Vsura explicata, and his inconstant taile Cambium; the Virgin or Kings daughter (being treasure and moneys) to be deuoured by his meanes and forraine nations. The allegorie whereof requireth a due consideration, and would in plaine termes be distastfull to diuers. This Dragon bringeth inequalitie in a Commonwealth by the meanes of his tayle, wherein lieth his greatest strength, making the expences thereof to surmount the reuenues. In the curing of which disease, those would be thought to be verie foolish Physicians, that by their medicine should cast the Bodie Politike of a Common-wealth into a more dangerous sickenesse. Wherefore as the wounds of this Dragon (Vsurie) are inueterated, so must hee bee dealt withall by degrees and lenitie, admitting him for the time (as most States and Gouerments doe) as a necessarie euill, in regard of trafficke and trade;A necessarie euill. albeit that many Vsurers are like vnto Iewes, who thinke it lawfull for them to take any forfeiture, bee it neuer so vnequall and vniust, any morgage, any pawne, nothing is amisse for them; they are not afraid of that wenne which wee call Anatokismos, that is, Vsurie vpon Vsurie: no, they dread not to take tenne vpon the hundreth if it were for a weeke.

The pretence of the Iewes is because we are strangers, as if wee were all Canaanites, or some of the seuen Nations which were as well to bee opprest by Vsurie, as to bee rooted out by Iosuah: but these men cannot alleage any thing in their defence, but greedie lucre. (*dtridot;)

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CHAP. XI. Of Vsurie Politike, and Moneys deliuered at Interest.

IN the precedent Chapter you may perceiue what Lawes and prohibitions are made against Vsurie: and neuerthelesse the practise of it is most vsuall in many Kingdomes and Common-weales, and the Lawes are also made accordingly; for this sinne is rather in the conscience, than in the act, and therefore there is no penaltie imposed vpon it by Gods Law. True it is that the Statute Law of England doth tollerate tenne vpon the hundreth, and so doe some other Lawes twelue and more: But the intent and not the rigour thereof, is to bee weighed for the cleering of iustice; and the preamble of the said Statute Law in the narratiue part saith, That whereas Vsurie is against all Diuine and Humane Lawes, yet tenne vpon the hundreth is tollerated to be taken for the yeare, which by way of forfeiture in the nature of a punishment may be sued for by the Law: but if there bee neuer so little taken aboue the said rate of tenne vpon the hundreth for the yeare, the principle is lost and treble damages.

The word Vsurie was not so odious in times past, as it is now taken by the abuse of Vsurie Politike,Threefold Vsurie. no more than it is in Vsurie Naturall, and Vsurie Spirituall: and my meaning is not to maintaine Vsurie Politike in all respects, contrarie to the opinion of Diuines that haue the Word of God for their warrant; but the ouer-precisenes therin may breed a great inconuenience to the Common-wealth. The Law of God did not punish theft by death, but onely by restitution; and as Cato saith,Cato de Rustica. When a theefe was punished to pay the double of that he had taken, the Vsurer was alwayes condemned to pay foure times the value. The Lawes therefore are made according to the alterations of times, nature, condition, and disposition of the people, and simply to say that any thing taken aboue the principall is Vsurie, is wonderfull strict, vnlesse you take the word Vsurie to bee Biting, because the same is neuer hurtfull but where it biteth; and the matter of conscience consisteth in the not getting of your debtor, and not in the taking of much or little interest: The Vsurie is greater therefore to take but two or three vpon the hundreth of one that maketh no benefit of the money, than to take tenne or twelue vpon [Page] the hundreth of a Merchant, who maketh a greater gaine thereby, according to the holy Scripture, Pecunia non potest parere alienas negociari miserias; fratrem non mor debis, non munera super innocentem, which was the cause that by the Lawes of the Romanes, he that took Vsurie of the poore was more punished than he that tooke, nay than he that did steale from the rich: for no man is bound by law or otherwise admonished to lend money vnto those that haue no need of it; and there is on the other side a conscience to be vsed, if a man haue gotten well by another mans money, and doth pay the same againe without any interest or profit.

Also in case of interest taken it is considerable, That if I doe lend money to him that hath neede, and can afterwards prooue that for want of that money I haue sustained great losse, or if my debtor doe breake day with me when I looke to haue it at the time appointed, and so am endangered to my neighbour for my necessarie payments, it is great reason that my debtor beare my losse, rather than I should sustaine harme or danger for my good will. And this is defined to be a gaine to be taken,Vsurie, ex damno habito, improper. ex damno habito, and it being so, is improperly called Interest, in defence of Vsurie. In like manner, if a shop-keeper lend money freely to his neighbour till such a day, hauing then occasion to vse it at some Faire to lay it out in wares, if hee breake touch, the shop-keeper may in iustice take the benefit for his money, losing the profit which he should haue had by the wares which he was hindred to buy,Ex lucro cessante. and this is taken for lucro cessante: But in neither of these was an intention to deliuer money at Interest.

Some are of opinion, That it is better for them to deliuer their money by exchange, and that therein they are lesse to be euill thought on, than by dealing vpon Vsurie: But this difference consisteth onely in the name; for they haue both an intention of gaine vpon money, and doe beare an aduenture for the losse of their moneys: whereas the one is bound to receiue but tenne vpon the hundreth at the most,Difference of gaine by Vsurie and Exchange. and the other doth expect fifteene or twentie vpon the hundreth at the least, onely in regard hee doth beare an aduenture to lose by exchange (which is verie seldome:) but still the intention remaineth, which should be the surest guide of conscience to take away all counterfeit pretences.

The Venetians and others allow no Interest at all, but approue the benefit and course of exchange, although it be aboue Interest.

By the aforesaid rules, Vsurie is weighed straightly in regard of Charitie, albeit it may fall out otherwise that the borrower hath sinned; therefore in such cases circumstances are to be considered, and then iudgement to be giuen accordingly. If I deale with a Merchant that maketh gaine of my money with his trade and commerce, and is well able to pay mee againe, being chiefly inriched by my meanes; why should not I in reason haue part of his benefit and aduantage, when by my goods hee is growne rich? Suppose foure men are become parteners, two doe disburse large summes of money, and the [Page] other imploy their labour and industrie to make (by lawfull trade) a great benefit thereby, is it not reason that the other two (although they were idle at home) should haue part of the benefit? You will say, you hold this reasonable, for it is not Vsurie at all: but these two men take tenne in the hundreth for their money; nay, then you reply and say, It is Vsurie, although the other two had gotten thirtie in the hundreth by it: How can this be a biting Vsurie?Obiection. Answere. But they haue not borne the aduenture of the Seas, but conditioned a certaintie; the answere is, That they haue not onely borne the aduenture of the Seas, but many other casualties besides, and in trusting them that had no meanes of their owne: Well therefore say you, I will not deliuer my money but to rich men; herein you shew no charitie, and may be deceiued too, for you know not what money a man hath in his purse; so that your conscience is stil the surest guide to direct you with prudence, as the loadstone doth the variation of the Pole. So much for particular persons.

Now comming to examine what the Kings of England haue done concerning Vsurie, wee find that both before the Conquest and after, Vsurie hath beene banished by some Kings, and by some other Kings it hath beene tollerated, according to the times and occasions.

King Edgar before the Conquest, did vtterly forbid all Vsurie;Bankers sent out of the Realme. so did King Edward the first, who did send out of this Realme, as well the Italian Bankers that came from Pope Gregory the tenth, called Cursini, as all manner of Iewes, who did mightily oppresse the Realme. To omit what other Kings haue done, we know that Henrie the eight, in the 37 yeare of his raigne made a Statute, whereby none were suffered to take aboue tenne in the hundreth vpon loane, either for wares or money: and this was repealed by the Statute of Anno 5, Edw. 6, which afterwards being found against Policie was abrogated. So the Statutes of Queene Elizabeth did succeed, which doe tollerate the said ten in the hundreth, which are of such strength and continuance at this present, that King Iames himselfe is contented to allow the said rate to the Londoners for some moneys borrowed of them; wherein (as I said before) time and occasions do alter things; and as the case for the present standeth with England and forraine Nations, we haue Vsurie like a Woolfe by the eares, dangerous to be kept, and more dangerous to abandone the same. This Vsurie being indeed exercised to the poore or to the rich, without respect of damage ensuing, becommeth intollerable: But in case of Interest, when time of payment is neglected in the state of orphants in mutuall hazard, or in hazard publike,Where Vsurie is allowable. simply to disallow it is to cut off all trade and commerce, or reparation of damages, and to goe about to remedie a mischiefe with a greater inconuenience.

The Law of Iustinian the Emperour, doth therefore moderate the course of Vsurie, which is much to bee regarded, where the words are thus, as followeth.

[Page] ‘1. Co [...]. C. de Vsuris. Wee haue thought necessarie to make a generall Law or Statute touching the quantitie of Vsurie, bringing the old, hard, and most grecuous weight of the same, to a certaine moderate stay or meane rate. Therefore We command those Noble men that are Earles, or their betters, that they doe not make any stipulation or firme bargaine by any manner of contract whatsoeuer, great or lesse, for Vsurie or gaine to bee had aboue foure in the hundreth. Those that are guardians or gouernours ouer handie-crafts men, or places where Artificers doe worke, or else doe vse any lawfull trade of merchandise; Wee will that they shall moderate their stipulation, or firme promise taken in any bargaine to eight in the hundreth. And as for those that doe aduenture their goods beyond the Seas, and put out their substance vpon their owne hazard; such may lawfully demand by firme promise to receiue twelue in the hundreth, and in no wise to take aboue that rate; although by the old Romane Statutes it hath beene lawfull to exceed. And We will that all other men shall take onely six in the hundreth aboue the principall, and the same quantitie of excesse in no wise to bee enlarged in other contracts, where Vsurie is wont to bee demanded without stipulation or couenant made: neither shall it be lawfull to the Iudge to increase the foresaid taxation or rate made, by reason of the Custome vsed in any Countrey, &c.’

This Imperiall Ciuile Law, hauing a regard to the qualitie of persons was duely obserued, albeit the lender of the money could haue taken more, when the borrower would giue it to serue his occasions, without this precise obseruation of the qualitie of persons. A matter considerable now adayes since the West-Indies haue beene discouered, whereby the currant of moneys is diuided into many countreys, and runneth also according to occasions, and the Policie of States and Merchants.Difference of the rate of Vsurie. For the tolleration and permission to deliuer money at Interest, doth differ in the rate in most countreys, taking in one place more and in another lesse, according to the trafficke, and Merchants deuises.

A Policie by plentie of money.In Poland, Lituania, Prussia, and other countries adiacent, when they do abound in corne, money is commonly verie scarce, and the price of corne thereby much abated; at which time they will rather tollerate or proclaime the moneys to be inhanced in price, or to be deliuered at interest after fifteene, twentie, and sometimes twentie and fiue vpon the hundreth for a yeare, or a lesser time: hereupon presently, great store of money commeth from all places thither, which maketh the price of money to rise. Afterwards when many ships are laden, and the fleet departed from Amsterdam and other places, then the interest beginneth to fall accordingly.

In the Low-countries it is lawfull for a Merchant to take twelue vpon the hundreth for the yeare, and after the rate for the longer or shorter time within the yeare. But this rate may not be exceeded, vnlesse it be vpon some conditions of casualties or aduenture.

[Page]The Romanes and Grecians made a difference as hath beene noted, according to the law of Iustinian. But the taking of one in the moneth was most vsuall, because Merchants were the most lenders. And this twelue pro centum is to be vnderstood also to be Interest vpon Interest, wherein equitie is to be obserued:Interest vpon Interest. for this twelue pounds being deliuered out againe vnto another, is pro rata as beneficiall as the 100 ll principall. Albeit in case of damage, when matters between men are growne litigious, and depending in suits, then the courts of Equitie will account the whole time for the forbearance of the money, according to the yeres past, without any Interest vpon Interest.

Polititians or states-men are to haue a serious consideration of the operation of this Vsurie politicke,Vsurie a measure of mens actions. as a propertie inherent vnto money, because that according to the rate of Vsurie men do measure all their actions, by trade and trafficke, or purchase, build, plant and bargaine in all things accordingly. And vsurie is so inherent, and doth properly grow with the decay of trafficke,The decay of trade increaseth Vsurie. as pasturage doth increase with the decrease of tilling. Whereupon the following considerations are to be handled as matters of moment, especially in kingdomes and common-weales which haue no gold or siluer mines of great value, but aboundance of forreine commodities returned for the great plentie and quantitie of their home commodities, wherein the high continuall rate of Vsurie may proue more preiudiciall than the abouesaid policie of Poland, Lituania, or other countries can be beneficiall vnto them. For we see that generally all Merchants when they haue gotten any great wealth with vs, leaue trading, and fall to Vsurie; the gaine whereof is easie, certaine, and great: whereas in other countries Merchants continue from generation to generation, to inrich themselues and the state; as we find diuers renowned families in Germanie, Italie, Spaine, and other countries.

There was this last yeare a Tract against Vsurie presented to the high Court of Parliament of England,Anno 1621. shewing the inconuenience of the high rate of Vsurie after tenne in the hundreth, in comparison of the lesser rate of sixe in the hundreth, taken in the Low-countries, where money is so plentifull: and vpon this difference is a certaine operation of Vsurie noted to be predominant ouer vs, both in our trade, and other affaires.

First it is alledged, that by reason of the high rate of Vsurie,Reasons against the high rates of Vsurie. not onely rich trades-men giue ouer trade, but a number of beginners are vndone and discouraged thereby, their industrie seruing but to inrich others, and begger themselues.

Secondly, that many trades thēselues are decayed thereby, because they cannot affoord so great a gaine as ten in the hundreth; whereas if the rate of Vsurie were no higher than in other countries, they had subsisted and flourished still, and perhaps with as much aduantage to the publicke, as those that do bring more to the priuate aduentures, which ought to go together, or else the common good of the State is seldome greatly aduanced.

[Page]Thirdly, that by this disaduantage betweene six and ten in the hundreth, other nations, and especially our industrious neighbours do out trade and vndersell vs, for they almost double the vse allowed, which we cannot by paying ten in the hundreth; wherby also all contributions to the war, works of pietie, and glorie, of State are better cheape to them than to vs; as also the buildings of ships or hiring of them, and all other things.

Fourthly, that aboue all the rest, it maketh the land it selfe of smal value, causing the same to be sold so good cheape, that men doe not seeke by industrie any more to improue them, which is plaine both by example and demonstration. For we see in other countries, where the vse of money is at a low rate, lands are generally sold for thirtie, fortie, and some for fiftie yeares purchase, being the best assurance, and securest inheritance which men haue, and therefore bearing still a rate aboue money, which would increase if the rate of Vsurie did decrease: and consequently labourers wages and other dependances thereupon, which are therein more amplie declared, the scope of all tending to haue a moderation in the price of Vsurie.

Obiections to the moderation of the rate of Vsurie.Hereunto are certaine obiections also alledged, and their answeres to maintaine the rate of Vsurie at ten in the hundreth with vs in England; albeit other nations take but foure, fiue, and six in the hundreth, or 6 ¼ which is called rent after the pennie sixteene for sixe times sixteene, and one fourth maketh a hundreth, after the manner of the Low-countries.

The obiections are few in number. First, The long continuance of ten in the hundreth and things are well enough. Secondly, That sodaine changes are dangerous. Thirdly, That money will sodenly be called in, and the borrowers be much preiudiced. Fourthly, That money will be harder to come by, and commerce much hindered. And lastly, That Merchant Strangers money now going here at vse, will be carried away againe, if the rate of Vsurie should be called downe.

Answere to the obiections.The answere to the first and second obiection is, That the practise of Vsurie hath not beene so generally vsed as it is now, when mens consciences are hardened vnto it, without any scruple or indifferent consideration, whereby as in bodies natural, so in politicke, diseases grow by the too much or the too little of a due proportion in all humane actions. And the rule that innouations are dangerous holds true, where the bodie naturall or politicke is in perfect state of health; but where there is a declining, there to make no alteration, is a certain way to run to destruction.

To the third, That money will be sodainely called in. It may be made or enacted, that the borrower shall haue two yeares time for the payment of the money he oweth, paying the Interest, and obseruing such cautions, conditions, and limitations as may be thought conuenient.

To the fourth obiection, That money will be hard to be borrowed, [Page] it is well knowne that the high rate of vsurie doth not increase in the quantitie of money (whereof hauing plentie) causeth commerce to flourish, and if money at interest were called downe, what will Vsurers doe with their money? They will not keepe it by them as a dead stocke, for either they must imploy it in trade, purchase lands, or lend for vse at such a rate as the Law will tollerate; so that herein can be no hurt.

To the last and weakest obiection, concerning the money of other Nations deliuered at interest here, it is demanded, Whether it bee meete to haue them to feed vpon the Realme, and in processe of time to carrie out such gaines thereby by multiplication of interest. For to men of vnderstanding in casting of accounts, it is plainely manifest that a hundreth pounds managed at tenne in the hundreth,Interest which seemeth incredible. multiplies it selfe in seuentie yeares (being the age of a man) to a hundreth thousand pounds, and it is therefore compared to the Butlers boxe: For euen as men when they are at play, feele not what they giue to the boxe, but at the end of Christmasse it makes all, or neere all gamesters losers: so there are not few which continue in Vsurie, that are not ruined. And so the said Treatise concludeth tenne in the hundreth to be biting Vsurie.

But to apostrophate this discourse, and to remedie the matter; let vs but procure to haue plentie of money really in specie within the Realme, together with the meanes vsed in other countreys in the lieu of moneys; as the transferring or setting ouer of Billes betweene man and man, the paiments by assignement in Banke without handling of moneys, and Letters of Credit, or Billes of Exchanges, as you may find in this Booke declared. For plentie of money will not onely preuent, but also effect the benefits intended in the said Treatise, making Vsurie to decrease in price,Plentie of money decreaseth Vsurie in price or rate. as in other countreys where they are tollerated to take twelue in the hundreth; and yet moneys are plentifully to bee had, at fiue, sixe, and seuen in the hundreth: Then will the Kings Customes increase, and Commerce flourish, Noblemens and Gentlemens landes bee improoued, Merchants and Artificers be incouraged, young beginners bee inabled, labourers find quicke imployment, and Vsurers may haue land for their moneys.

Some will say vnto mee, considering the premisses, That to take tenne in the hundreth of a rich Merchant indeed, or of any other that buyeth landes, or maketh gaine by the money, is no biting Vsurie. Herein (to qualifie the contents of this and the precedent Chapter) I note two considerations for that purpose; albeit that it seemeth no Comma can bee made (as it were) from the highest Climate to the lowest Center in regard of the litterall wordes, denounced by way of curse against Vsurie: For if on the one side, you will take all Texts of Scripture so precisely as men doe, without construction; as for example,Phil. 4. Luke 18. Giue to euerie man that asketh of thee, Be alwayes glad, Pray alwayes, and the like; and on the other [Page] side, so little regard them by large interpretations in taking great Vsurie, what confusion and disorder would this bring to the Common-wealth? Therefore to answere the question, I say, That consideration being had in your particular, and the partie who made benefit of your money, there is no biting Vsurie committed and no hurt done, but rather mutuall loue increaseth: but if there be consideration had of the generall, there is biting Vsurie committed, and euen vpon the poore and mechanike people. For by your meanes (and others deliuering moneys at Interest) is the same incorporated into rich mens hands, whereby the meaner sort of people can haue none to serue their occasions, but at verie excessiue and abominable rates, and that vpon pawne also: For your deliuering of moneys at tenne in the hundreth and vnder, doth enable them to take intollerable Vsurie of the said meanest sort of people, as shall now bee declared, whereby they deuoure them; so that in all Kingdomes they are prouided for, but heere; and vntill that bee amended, your taking of tenne in the hundreth in nature before declared, is a biting Vsurie, although it doe not belong vnto you to amend the same, but that Princes and Magistrates are to prouide for it. For this is a biting, nay a verie gnawing to the bones of your Christian brother with whom you ought to deale mercifully. As there are three sorts of dealings amongst men, that is,Three sorts of men, and three sotts of dealings. Gift, Bargaining, and Lending; so are there three sorts of men, the starke Begger, the poore Housholder, and the rich Merchant or Gentleman. To the first you ought to giue freely, not onely to lend freely; to the second you ought to lend, either freely or mercifully, and not to feed vpon him with excessiue Vsurie; but with the third, you may deale straightly and aske your owne with gaine, especially when hee gaineth by your money, vsing in all these a conscience with discretion. (*⁎*)

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CHAP. XII. Of Intollerable Vsurie, and Lombards.

THE apprehension of the continuance of intollerable Vsurie in England, is able to stupifie a mans senses; considering the same is so abhorred of Heathens, Turkes, and Barbarians, it being an euident token that our hearts are more than sufficiently frozen ouer with the insensible y [...]e of vncharitablenesse; because the cruell deuouring thereof may bee so easily preuented, And then Vsurie Politike will not be biting. This intollerable Vsurie is effected by the Brokers selling old apparell and houshold stuffe, which doe take after diuers rates, but all of them excessiuely, they being the fittest instruments to receiue and buy stollen goods, whereby all theeues are incouraged, according to the Prouerbe, If there were no receiuers, there would be few theeues. Most of these Brokers haue their money masters, to whom they pay twentie in the hundreth, or 15 at the least; for some of these money masters pay themselues ten in the hundreth vnto others, so that one thing driueth or inforceth another. Like as in a clocke where there be many wheeles, the first wheele being stirred driueth the next, and that the third, and so forth till the last that moueth the instrument that strikes the clocke: or like as in a presse going in at a straight, where the formost is driuen by him that is next him, and the next by him that followes him, and the third by some violent and strong thing that driues him forward, which is the first and principall cause of putting forward all the rest afore him; if hee were kept backe and staied, all they that goe afore would stay withall. This is therefore called causa efficiens; and so is Vsurie Politike, vnlesse the biting of it bee hindered as shall bee declared.

The most fauourable extortion by Vsurie vpon pawnes of any mooueable thing, is after six pence for 20 shillings for one moneth of 28 dayes, which is aboue thirtie in the hundreth by the yeare, and two pence for the Bill money of halfe a crowne, or eight pence, or 12 pence for the Bill money of [...]0 shillings, which is more than the Interest, and this rate wil be taken if it be for one weeke that the pawne [Page] be redeemed againe; for the intent is alwaies taken to be for one moneth. And vnder colour of the Bill money, there is for registring of the pawnes likewise exaction made since there was a register appointed, who doth not take knowledge of the twentith part of the pawnes, but what they will declare.

Others doe take eight pence for the moneth or weeke, with the like allowance for Bill money and registring, which commeth to aboue fiftie in the hundreth.

The vsuall rate vpon small things, is twelue pence for the weeke or moneth as aforesaid, and this is sixtie in the hundreth, and with Bill money aboue eightie; nay, there is taken the shilling pennie by the weeke of the Fish-wiues and other women selling small wares vp and downe streets, which is aboue 400 vpon the hundreth by the yeare, besides the Bil money, what this commeth vnto in diuided smal sums is incredible. This Bill is made to deceiue the Law, and the forme of it is; Bought of Iohn a Stile one paire of stockings, one shirt, one band, and a hat for fiue shillings, witnesse my hand the tenth of May 1622. Io. a Stile. And since the Register was made, much is pawned without making of any Bills: and not conte [...]ted with this horrible extortion, they will let out for gaine many of these pawnes and so weare them out, or at last take the forfeieure of them, being sure to lend about the third and fourth p [...]rt of the value: By these meanes deuouring and consuming the poore housholder and mechanicall man, it being onely the remarkeable sinne of oppression by exaction noted in the holy Scripture, for which the first world was drowned.

The vse of Lombards.This caused P [...]lititians or States-men to admit the vse of Lombards in their Common-weale, to moderate this intollerable exaction of Vsurie, so called Lombards of certaine Italians which came out of Lombardie, whereof Lombard-street yet beareth the name since Henrie the third his time. Th [...]se Lombards did take also extreame rates of twentie and twentie fiue vpon the hundreth, as the Iewes did, and of late yeares they haue beene (by publike authoritie) admitted in Lombards of the Low-countries to take after three halfe pence a weeke for the pound of twentie shillings, and one pennie for the Bill, but not to be bound to pay for the moneth, which was also a great rate: wherein they were compared vnto retailers of small wares, as Chandlers, and such like, which may get 25 and 30 in the hundreth vpon wares sold by retaile: and these men were the retailers of money, and had allowance accordingly, which in the Low-countries were almost in euerie Citie, and payed for it an yearely sum of money to the States. But now of late all this kind of people is put out,Houses of Commerce. and there are Pawne-houses, called Houses of Commerce erected; where the borrower paieth but after ten in the hundreth, and some allowance towards charges, vnder the moderation of the Iustinian Law, and this is declared to be done for the reasons following.

That the intollerable Vsurie committed by the Lombards might be preuented.

[Page]That the pawnes should not be worne or vsed, but safely kept, to be by them restored at all times, hauing men and women to looke vnto them.

That the vse of twentie shillings for one weeke is but one farthing ⅗ parts towards the payment of ware-house and house roome, keeping of the pawnes, and entertainement of seruants wages, and others to manage the same.

That almost the value of the pawne may be had thereupon, if the borrower will desire it, one yeares time and sixe weekes considered, with the charges; during all which time he may redeeme the same, and pay but after the rate. But after the expiration of that time, then the pawnes to be sold in a publicke outcrie by a sworne Officer to be oppointed by the Magistrate: and what soeuer is made more thereof than the principall money borrowed and the charges, to be restored vnto the partie, or him that bringeth the ticket, or to their heires, or within two yeares to the Magistrates, if no man claime the same, to be distributed to the poore.

That stolne goods may by these meanes be detected, and theeuerie decrease, and mens liues preserued for the good of the Prince and Sta [...]e.

I hope no man will denie, but this is a commendable course taken for the comfort of the common people, that by intollerable Vsurie they be not destroyed, but as necessarie membe [...]s of the common wealth, they may liue in their vocation and profession. Surely the famous citie of London is worthie of perpetuall commendation for the education of Orphanes.

But if an Orphane come to be an housholder, and liueth honestly by his handie worke and labour, and hath therby gotten a little estate of thirtie or fortie pound in some yeares, and then being visited with sickenesse (whereunto all men are subiect) he is constrained to pawne his goods or substance vnto these vncharitable people; what a miserable and pittifull thing it is to see his poore Familie vndone by these meanes (as it were) in a moment, loosing that which with great care, labour, and sweat of his browes he hath been gathering for many yeares together? God is my witnesse, that the consideration hereof hath moued my soule with compassion and true commiseration which implyeth a helping hand. For it is now aboue twentie yeares that I haue moued continually those that are in authoritie, and others that haue beene, to be pleased to take some course to preuent this enormitie.

Some that God hath called, either void of charitie, or seeking Priuatum commodum, haue beene remisse to further the same, and for as much as I am (in a manner) hopelesse of any successe, and that it behooueth me being stricken in yeres to number my daies, I thought conuenient to publish the last Proiect and offer, which hath beene made to the same effe [...]t two manner of waies, wherein I haue spent time, labour, and no small charges in hope that hereafter it may do [Page] good to the publicke,Pawne houses. if some Diuine be moued to further it. The first is according to the manner of Amsterdam, to which end the substance of the petition of honest and religious men his maiesties subiects, is as followeth.

First, that authoritie be giuen to A. B. to erect Pawne-houses in all conuenient places of the realmes of England, Ireland, and the dominions of Wales, for and during the terme of one and twentie yeres, vpon these conditions.

That all person and persons shall and may haue at all conuenient times moneys vpon pawnes, of or vpon all moueable goods, chattels, and leases, or any thing which shall be agreed vpon, after the rate of ten vpon the hundreth by the yeare.

That the vndertakers may be authorised or licenced to take for the attendance, labour and paines, recompence of Officers, and Seruants wages, house-rent, and all other charges incident thereunto, as followeth.

For registring and keeping of all pawnes that do amount to fiftie pounds or more, one farthing for euerie pound by the moneth.

For all pawnes that do amount to ten pounds or more vntill fiftie pounds, for euerie pound one halfe pennie by the moneth.

For all pawnes that do not amount to ten pound, for euerie pound one pennie by the moneth.

For euerie bill giuen for pawnes vnder ten pounds, one pennie, and being of ten pounds or aboue, whatsoeuer it commeth vnto, but two pence, with such clauses, conditions, and cautions as shall be requisite for the securitie of the said vndertakers, and agreeable with the laws of the realm of England, paying vnto the Kings maiestie a reasonable summe of money yearely &c.

The said allowances are inferiour to the moderation of the Emperor Iustinian his Lawes, and will be found verie reasonable, considering, that by the tolleration of Vsurie politicke, men can deliuer their moneys in verie great summes at ten in the hundreth freely, and without such trouble.

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CHAP. XIII. Of Mons pietatis, or Banke of Charitie.

THe second meane to suppresse the biting vsurie of extortion vpon the common people, is by prouiding a course, that they may haue moneys vpon pawne without paying any interest or vsurie for the loane of it, according to the manner of Bridges in Flanders; which is more pleasing, but it is not so vniuersall as the Pawne houses are, where great summes are to be had to accommodate Merchants and all men, to preuent the generall abuse: albeit it cannot be denyed, but that the extortion vpon the meaner sort of people is more haynous and detestable; which was the cause that by the Lawes of the Romans, he that tooke vsurie of the poore was more punished than he that did steale from the rich, as is before declared.

In Italie there are Montes pietatis, that is to say, Mounts or Bankes of Charitie, places where great summes of money are by legacies giuen for reliefe of the poore, to borrow vpon pawnes, and to pay onely after three or foure in the hundreth at the most to maintaine the officers, and to beare the charges of such an erected Mount for euer. But the manner of Bridges, as aforesaid, may be thought more reasonable, paying the officers out of the contributions, which by their means may be much increased, according to the orders which are hereafter declared;Moneys to be giuen to suppresse vsurie. for euerie man is willing to giue for the suppression of intollerable and abhominable vsurie. The rich (that are charitably disposed) will giue, because vsurie politicke should not be biting; the meaner sort of people will be contributarie, because of the commodiousnes of it; for who will not giue six pence or twelue pence euerie quarter of the yeare, when he may borrow a reasonable summe of money without paying any vse for it, for one yere, or a longer time, according to occasions? I am sure of most mens inclinations, by an attempt made of the practise hereof some yeares since: for (after the names taken of aboue 1500 persons that were willing to contribute yearely, and some Diuines and others that would lend freely 50 ll, 100 ll, or more for some yeares, and some 500 ll) I made an alphabetical register of them, which was deliuered into the hands of a great personage, who (as it seemeth) was not worthie of the honour [Page] thereof; but to my remembrance it amounted to some 2000 ll for moneys giuen and to be lent, and aboue six hundreth pounds yearely during the liues of the benefactors; so that no man hath cause to doubt of the collection of a great stocke for so godly a worke, if authoritie were had when this was done, vpon the onely hope and surmise thereof: to the effecting whereof, I will be willing still to doe my best endeauour. Now the orders are as followeth.

Orders to be obserued for the gouernment of the Mount of Charitie, consisting of two houses within the citie of London and the suburbes thereof, and one house at Westminster; where all men may borrow moneys in small summes, without paying any vse or loane for the same, vpon pawne to be deliuered for caution or securitie of the said moneys, according to the manner of Bridges in Flanders, and other countries.

1 IMprimis, That all men of what qualitie or condition soeuer they be (being destitute of money) shall haue money at all conuenient times without paying any vse or loane for the same, but deliuering onely a pawne of any moueable thing, so it be not aboue fortie shillings at any one time, vntill a competent stock be raised for the maintenance of the said Mount of Charitie for euer.

2 Item, Whereas the said stocke is raised, and to be increased by meanes of charitable and conscionable persons (which either do freely lend moneys without taking interest for the same, or do freely giue in money and yearely contributions, according to their vertuous d [...]sposition, which moneys may (in progresse of time) amount to a notable summe) the Treasurer generall therefore shall be a man sufficient, and of honest behauiour, carefull to appoint sworne honest men (vpon sureties) to collect the said moneys, and for keeping of the pawnes, with their Clarkes and other attendants: and the Surueior of accounts shall be a man diligent and skilfull in accounts, all for the better incouragement of the said charitable giuers and free lenders, for the aduancement of this charitable worke.

3 Item, Whereas the like House called Saint George, was heretofore erected at Genoua in Italie by noble Knights bound in honour to see the people relieued from oppression, biting vsurie and extortion, which by all vertuous Knights is at all times approued and commended; There shall be kept one paire of tables in euerie house, containing the names of such honourable persons, and vertuous Knights' as shall be yearely contributaries (by quarterly paiments) during their naturall liues, or lend any summe of money (gratis) for a time, together with the names of such well disposed persons as by their Wills and Testaments doe bequeath any summe of money for the maintenance of this pious worke, in perpetuall remembrance of the said benefactors.

4 Item, That the said officers shall vse their best indeauours, by all good meanes to moue all well disposed and charitable persons, to be [Page] giuers, lenders, and contributaries for the increase of the said stocke, especially when men are visited with sickenesse; to the end that by their last Wills and Testaments, they may be mooued to further this godly action for the continuance thereof for euer.

5 Item, That the Lord Maior of London (for the time being) may haue yearely inspection of the collections and accounts of the officers of the said Mount of Charitie, at a day by him to bee appointed, to see the due execution and administration of the stocke aforesaid.

6 Item, That the Clarkes and other officers in place, shall attend the said houses from sixe a clocke in the morning, vntill eleuen, and from two of the clocke in the afternoone, vntill seuen, beginning (yearely) from the fiue and twentith day of March, vntill the last of September; and afterwards to begin but at seuen of the clocke in the forenoone, vpon paine to be displaced.

7 Item, That no man shall offer to pawne any moueable thing, hauing life, or being subiect to manifest corruption, or pesterable wares of great bulke; but onely things of Wooll, Linnen, Silke, or Flaxe, Hempe, or Towe, and such like, or Pewter, Yron, Brasse, or any other matter mettaline or minerall; or of Gold, Siluer, Copper, or Precious stones.

8 Item, That all pawnes which shall be pawned, shall bee taken as sold in open market or shop vpon the conditions following, with the consent of the owner or lawfull bringer thereof; and so shall not bee subiect to bee recouered of the said officers by any fraudulent dealings.

9 Item, That e [...]erie person (if he will) shall receiue the three parts of the value of his pawne; that is to say, If the pawne bee worth twentie shillings, he shall haue fifteene shillings, and so after the rate. Prouided it doe not exceed the summe of fortie shillings at any time, as abouesaid.

10 Item, That the said pawnes shall bee safely kept, for the time that the same shall be pawned, without wilfull detriment or hurt, be it for one moneth, two, three, or more moneths, not exceeding the time of one yeare without new licence had for the same.

11 Item, That the persons which doe pawne any goods as aforesaid, either being owner, or put in trust to pawne the same, shall declare their names to be entred in the Iournals, and other Registers, and bring an auoucher (if there be cause of suspition, that the parties are felons, or accessaries of felonie) in which regard the said goods shal be staied for 24 houres, to see whether any person do claime the same.

12 Item, That euerie person which doth pawne any thing, shall take a Ticket containing the date of the time and yeare, and the sum of money lent, with the priuate marke of euerie house, thereby to redeeme his pawne at all times at his pleasure.

13 Item, That for the defraying of the rent of conuenient houses, recompence of officers and mens wages, and other charges incident [Page] for the due execution of the premisses, euerie person borrowing a crowne or fiue shillings shall giue for his Bill or Ticket one farthing, and for tenne shillings one halfe pennie, and for twentie shillings one pennie monethly, and for a greater or smaller summe accordingly, vntill such time that the stocke be increased to such a competent sum as may counteruaile the said charges, and supply the necessarie occasions or wants of the borrowers, to be declared hereafter.

14 Item, That all pawnes which doe lye aboue one yeare, being not licensed to remaine for longer time, shal be sold by a publike officer in open outcrie euerie quarter of a yeare, the said officers to be appointed and sworn by the Lord Maior of London, for the time being, or by two Iustices of the Peace at Westminster, and the surplusage of the moneys which shall be made more of the said pawnes than the money lent thereupon, (after charges deducted) shall be restored to the owners or knowne bringers of the said pawnes, or to their heires, administrators or assignes, within one month after sale made of them, (vpon demand to be made) and by default of the said heires, administrators or assignes, to be deliuered within one yeare after, to the said Lord Maior, and Iustices of the Peace, and to be distributed (by their wisedomes) to the poore.

15 Item, It shall be lawfull vnto the said officers, to restore to the right owner any pawne which hath beene feloniously taken, vpon sufficient proofe made, if notice was giuen before the registring thereof; and if notice was giuen after the said registring or pawning, then to restore the same vpon paiment of the money borrowed thereupon, and charges.

16 Item, It shall be lawfull for the Treasurer, Generall, and Surueyer, with the consent of the Lord Maior of London, or two Iustices of the Peace at Westminster vnder their hand writing (when the said stocke is increased to a greater summe than shall be needfull for the maintenance of the said Mount of Charitie) to giue some reliefe vnto such prisoners as are committed for debt in the seuerall prisons of their jurisdiction; be it either for their maintenance there, or (after they haue beene one yeare in prison) towardes the composition which they shall make with their creditors, so as the said gift doe not exceed the summe of tenne pounds, towardes euerie hundreth pound which the said prisoners are indebted, if their good behauiour and likelyhood to doe well shall deserue the same. (*⁎*)

‘Quod gratis accepimus, gratis damus.’

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CHAP. XIIII. Of the true Calculation of Moneys deliuered at Interest.

THE Act of Parlement concerning Vsurie, made in the thirteenth yeare of Queene Elizabeth, declaring that Vsurie is forbidden, and contrarie to all Diuine and Humane Lawes; doth by way of tolleration admit, that whosoeuer shall deliuer his money at Interest after the rate of tenne in the hundreth for the yeare, shall onely be in danger to lose that ten in the hundreth, if any man by information, plaint, or bill will sue for the same. But if it be aboue that rate; the deliuerer of the money shall lose the principall money, and incurre other penalties; and this Statute may be pleaded in Barre, and is to bee construed against him directly and indirectly. Wherefore all men deliuering money at Interest, must be verie carefull how they make their contracts, because many mistakings may happen, for that all Councell learned in the Lawes are not good Arithmeticians in the calculation of this ten in the hundreth, which is the ground of those contracts; insomuch that by the strict rules of the said Statute, the contracts being found vsurious and to exceed the rate, are not onely void ipso facto, but the principall and interest is also lost. This Statute hath relation to the Act made by King Henrie the eight, and the words be in effect as followeth.

None may haue, receiue, accept, or take, for the lending or forbearing of his or their money, for one whole yeare, or for a longer or shorter time, or for a more or lesse summe, aboue the rate of tenne pound pro cent. yearely. 37. Hen. 8.

Forasmuch as some men,An obiection to the Statu [...]e of Vsurie. accuse the makers of this Statute to haue committed some absurditie, it will not bee impertinent to cleere the same: The Statute (say they) giueth abilitie vnto a man, to take one way ten pound ten shillings or more, for the vse of one hundreth pounds for one yeare, being deliuered out for two yeares; and another way hee cannot take tenne pound fiue shillings and lesse for one yeare, but hee shall bee within the compasse of the Statute. But if they had a due consideration, that Time is properly the iudge hereof, and that they could not make the said Statute, without the limitation [Page] of a time certaine, they would not find any absurditie therein, for it was impossible to make it otherwise more certaine.

Time begetteth Vsurie.To make this euidently appeare and of necessitie, Time is herein Efficient and Actiue, and the rate of 10 pro 100, Positiue and Passiue; let vs suppose that you doe deliuer at Interest one hundreth pounds for three moneths after tenne vpon the hundreth, you may lawfully receiue at the three moneths end, two pound tenne shillings for your Interest, and continue the hundreth pound againe for other three moneths by a new contract or agreement, and then receiue againe 2 ll 10 ss, continuing in this manner for the whole yeare by foure seuerall agreements, whereby you doe receiue three parts of your Interest at seuerall times; which Interest you may put out also at Vsurie, and so take aboue 10 pro 100, without incurring the danger of the Statute,Agreement altereth [...]he propertie of Vse money by Time. because your agreements haue from time to time, altered the propertie of the Interest money which you did receiue, and was begotten in time according to the Statute, and that which was before another mans, is thereby become yours, and thereof you may dispose againe. But if you doe deliuer out 100 ll from the beginning for one whole yeare; then you cannot haue but tenne pounds Interest for the same at the yeares end with your principall, for the propertie of the tenne pounds is not till then altered by your agreement. Thus is it with moneys deliuered for a shorter Time.

In like manner is it for moneys deliuered out for a longer Time; as for example, one deliuered out 100 ll for foure yeares, for the which at the foure yeares end hee can receiue but 140 ll; but if hee had deliuered out 100 ll for one yeare, he may at the yeares end receiue 10 ll for Interest, and continue the 100 pounds againe for the second yeare by a new agreement, and then receiue another tenne pound, and so for the third and fourth yeare. Now whereas by reason of his seuerall agreements according to the time, he hath altered the propertie of Interest money, and receiued 10 ll the fi [...]st yeare, he may put out againe this 10 ll as his owne for another yeare, and so haue Interest thereof twentie shillings, whereby hee receiueth 11 ll the second yeare, which being put out the third and fourth yeare, will yeeld him accordingly in like manner for the 10 ll rec [...]iued the second and third yeare, which will yeeld him after the same manner accordingly: so that hee shall haue aboue 146 ll being thus deliuered out, the bodie of his summe still remaining whole, and being only distinguished by Time which maketh the difference. Againe let vs suppose that the 100 ll were deliuered out from the beginning of foure yeares, to be repaied by 25 ll a yeare and the Interest, it followeth proportionably, that the first yeare hee is to receiue 27 ll 10 ss, the second yeare 30 ll, the third yeare 32 ll, 10 ss, and the fourth yeare 35 ll, which maketh all but 125 ll; adde to this the Interest of 25 ll receiued in deduction of his principall three yeares before the Time, which is 7 ll 10 ss, and of 25 ll more in [Page] like manner for two yeares, which is 5 ll, and of 25 ll more for the third yeare, which is receiued one yeare before the time, which is 2 ll, 10 ss, all is 15 ll, which together with the 125 ll maketh the said summe of 140 ll. But when moneys are repaied in this manner, as it were by way of anticipation, then the bodie of your summe of 100 ll is diuided, and still time and interest must concur, for the interest is begotten by time. For you may not deliuer out 300 ll for three yeares to be repayed 100 ll yearely, and receiue the first yeare 130 ll, the second yeare 120 ll, and the third yeare 110 ll: but you must receiue the first yeare 110 ll, the second yere 120 ll, and the third yeare 130 ll, because you haue not forborne your money for any longer time proportionably, according to your contract and agreement. And the propertie of the interest money is not altered effectually, according to the law, for 10 pro ce [...]. for a yeare is the Cubike Root which doth increase and decrease both waies accordingly. Yet some will say,The propertie of the Cubike roote. suppose that I haue 3000 ll in money to deliuer at interest, are not my 3000 ll worth 300 ll at the yeres end, & may not I lawfully receiue that 300 ll, and any part of my principall, and continue the rest for another yeare, and so do the like for more yeares? Who doubteth thereof? So that you do make new contracts or agreements from yeare to yeare, whereby the propertie of the interest money becommeth effectually altered, according to the law (as aforesaid) your money from the beginning being deliuered out but for one yeare: but if you doe deliuer your 3000 ll ▪ from the beginning by one sole contract and agreement for six yeares, to be repaied yearely by 500 ll, and receiue 550 ll the first, that is to say, 300 ll for your interest, and 250 ll for part of your principall, as it may be construed against you, then do you incur the danger of the statute. For in this (which is for a more summe and a longer time) there is the like reason as there is with a lesse summe and a shorter time, as by the former example is declared.

And as there is more gaine when money is deliuered out for three moneths, or lesse time, and so continued from time to time within the yeare than when money is deliuered out for one yeare; so is there more gaine when money is deliuered out for one yeare, and continued by new agrements from yeare to yeare, than when it is originally deliuered out for six or more yeres, agreeing with the rule of Geometricall deliniation, and Arithmeticall proportion.

And the rule Quadrant,The rule Quadrant. or the golden rule of Arithmeticke proueth vnto any man of vnderstanding, that in calculation these foure things must concur: First,Principall. you may find out by your interest money and the time (after ten in the hundreth for the yere) what the summe was which was deliuered at interest: Secondly,Rate. at what rate according to the time such a summe was deliuered: Thirdly,Time. the time for which it was deliuered at such a rate: And lastly,Interest. what the interest money was for the summe deliuered, according to the time; and all these (Posito in any one summe for all) will manifest the deliuerie of [Page] one hundreth pound for one whole yeare of twelue ordinarie moneths, after the rate of ten in the hundreth, if it be so deliuered out▪ for by inuerting, postpounding, and supposing all must produce these iust and positiue summes, whereby you may be assured whether you terme your money deliuered out, according to the art and rule of Arithmeticke, the principles whereof are infallible, or whether (being deceiued therein) you haue (vnawares) made an vsurious contract, as many do ignorantly.

Auditors or Calculators.The Ciuilians, especially Benvenut [...] Straccha termed those which we call Auditors or Accountants Calculatores, which in deed are to bee very iudicious in matter of account, as skilful in the accounting, able by positions to find out hidden summes: for it falleth out many times in Princes accounts, that summes are named which haue relation to other summes, and must by suppositions be found out▪ and can be done as they say Calculando. For example, A summe of money is deliuered out for three yeares, euerie yeare to be paied, whereof the first summe (Posito) is 500 ll, and the fourth or last summe is 665 ll, [...]0 ss. Betweene these two you are to find two summes proportionable: multiplie 500 ll within it selfe is 500000; with this multiplie the 665 ll 10 ss of the product, take your Cubike Root is 550 for the second summe; now to find your third summe, multiplie 665 10 with 550 is [...]3200. Your Quadrant Root is Medium betweene 2 and 4 being 605, and so you haue your summe, and the interest you find to be 10 pro cent. The like for 5, 6, or more summes which by Geomet [...]i [...] is yet more easie.

Reduction of Maluadies into ducats, shillings and pence.So we find that for matter of diuision, to reduce millions of Maluadies in Spaine into Ducats without much diuision by 375 Maluadies for the Ducat, and then the shillings and pence of ducats made in bills of Exchanges. Take ⅓ part of the summe, and the ouerplus if any be, put it downe for shillings and pence, then (in like manner) take ⅕ of that summe, and againe ⅕ of that summe, and lastly ⅕ of that summe, being ⅗ deriued from ⅓; and you haue your ducats, shillings, and pence of ducats in Vntratto, as the Italian saith; in like manner diuide by all the numbers contained in the table of multiplication, for 42 take ⅙ and 1/7, for 63 take 1/7 and 1/9 part, and so of all the other summes, for six times seuen is fortie and two.

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CHAP. XVI. Of Vsurious Contracts.

I Need not to make double inculcation against Vsury, for the Ciuillians haue beene so precise in the description of Vsurious Contracts,Doctor Wilso [...] de Vsuris. which Doctor W [...]lson hath noted, that it is hard for any Merchant to escape the consure of being an Vsurer, albeit not in danger of the statute; which is verie necessarie for all Merchants to take notice of. But he concludeth,No Vsurie without lending. That where there is no lending, there can be no Vsurie: wherein he maketh a distinction betweene Mutuum, Locatio, and Commodatum, declaring Mutuum to be where my goods are made thine; Locatio, where a thing is [...]ut forth or letten to hire, the propertie still remaining in the owner, who beareth the aduenture thereof; and Commodatum, to be a letting or lending without alteration of the propertie also, but free without any gaine at all, where for hiring a gaine is taken: and so he maketh a description of Vsurors, if they deale in manner following.

If any commoditie be sold vnto any man, who buyeth the same by meanes of a broker, or otherwise, to make a shift, and to sel the same instantly to make money of, to supplie his occasions, losing thereby, (as he must of necessitie) the seller of this commoditie is an Vsurer. In this case, if it be proued that the said seller doth buy, or causeth the said commodities to be bought againe directly or indirectly, the statute against Vsurie will take hold of him, and that verie iustly.

I do borrow of a man one hundreth pounds for three moneths, promising to giue his wife a satin gowne, or an ambling gelding, hereupon he forbeareth his money for many moneths more without interest, it is Vsurie.

I do bind my land (worth twentie pounds by the yeare) to a man for one hundreth pounds in money for a yeare, and do not passe it by bargaine and sale, if the creditor do take the reuenues and his principall, it is Vsurie.

Be it that a man lendeth an hundreth pounds freely, and hopeth assuredly to haue some thankefull recompence at the yeares end, this is Mentalis Vsura.

What if one lend money in hope to get an office, this is also Vsurie.

[Page]If one lend a man money for a certaine time, because the same man should speake a good word for him, or do him a certaine pleasure, it is a ruled case that for so much as a couenant is past, it is vsurie.

I do lend you one hundreth pounds that you shall do as much for me when I shall demand it of you, this is vsurie, because a contract is simplie made without any addition of time appointed, whereas if he had asked so much at the yeares end, then it had beene no vsurie but permutation, when one good turne is done for another, and the time knowne certaine.

A lord doth lend his tenants money, with this condition, That they shall plough his land, if he do not pay them for their labour but with the vse, it is vsurie.

I would borrow, and one selleth me wares for more than they be worth by the halfe, the seller is an vsurer.

I doe sell commodities vnto a man for six moneths at a reasonable price, and afterwards he payeth me in readie money, deducting the interest for the time after the rate of ten in the hundreth, this is Vsurie.

The father-in-law do lend his sonne a sum of Money, and taketh in pawne the possessions of the dower, and conuerteth the fruits thereof to himselfe for the lone of Money, this father-in-law is an vsurer.

He that buyeth before hand Corne, Wine, or Oyle so good cheape as he is sure not to be a loser but a gainer at the time of the Haruest, the same man is an vsurer.

I do lend one hundreth pounds to my friend for ten yeres freely, not to pay any pennie gaine all that time, if either of vs do die: but if we both liue together till that time, then he to pay me after twelue pound in the hundreth for ten yeares past; the law saieth, that the perill which may happen doth not excuse me from sinne, but I am an vsurer, for the time is not proper.

A Merchant lendeth to a Corporation or Companie an hundreth pounds, which corporation had a grant by statute, that whosoeuer lendeth such a summe of money, and hath a child of one yeare, shall haue for his child (if it do liue fifteene yeares of age) 500 ll of money: but if the child die before that time, the father to lose his principall for euer. The law saieth, If I lend purposely for gaine, notwithstanding the perill, I am an vsurer.

I knowe an honest artificer oweth to a draper fortie pounds to be payed at six moneths. I come to the draper and shew him, if he will take thirtie pound in hand, I will pay so much for the artificer, if he will turne the debt ouer vnto me; herein I am an vsurer in seeking to anticipate the payment.

One buyeth a pay of three or foure hundreth pounds, deliuering fifteen shillings for euery twentie shillings, here is a cloaked lending vnder the colour of buying, and therefore vsurie called Palliata, for he did hope for gaine.Vsura Palliata, Vsura Explicata

[Page]I doe buy a mans Bill of one hundreth pounds due three moneths hence, and giue vnto him in present money 95 ll; here, although a bargaine and sale seeme in shew, yet it is a lending, and therefore Vsurie.

I doe bargaine with some to haue so many Oxen and Kine within foure moneths, to haue them better cheape paying the money before hand; this is Vsurie if the parties had not Oxen or Kine at the Time.

I doe buy certaine Geldings, to haue them deliuered at a certaine Faire, for lesse than they were worth; I am therein a Vsurer, if I bee sure that they will be more worth at the time of the deliuerie.

I doe deliuer old Wheat to receiue new; if I doe deliuer the same for gaine, and assure my selfe of benefit, I am an Vsurer.

I doe feare the fall of money, and therefore doe deliuer my money to another man, to haue as much at sixe moneths after, according as the money was then currant when I paied it; this is Vsurie.

I seeke an office, which I cannot haue except I doe pay a certaine summe of money; to auoid this paiment, I doe lend for two, three, or foure yeares, a grosse summe, because I will not pay the said money, in so doing is Vsurie.

I doe pawne an house with an orchard for certaine money, the creditor hath the benefit of my ground and house, hee is an Vsurer.

A Gentleman hath a Mannor stocked with thirtie milch kine, and 700 sheepe, valued at 300 markes or thereabouts, as they are then to be bought and sold; this Mannor he would let out with the stocke for tenne yeares, to receiue the old rent of his Mannor, and thirtie pounds yearely besides for his stocke, and at the tenne yeares end, either to haue at his owne choice his cattell of like goodnesse and value as hee did let them out, or else 200 ll in money. Here there is first a lending, because the Farmour hath propertie in the cattell, and may alter them as hee list for his best auaile, paying his yearely rent for them, and restoring so good cattell at the tenne yeares end as he before receiued. Againe, he must answere the cattell at the ten yeares end, and pay rent yearely for tenne yeares, although the cattell die all the verie first yeare. So that this Gentleman (seeking his certaine gaine and principall to be safely returned vnto him) is an Vsurer colourably.

Lastly, to deliuer money by exchange vpon Bills of Exchanges, intending any gaine thereby any manner of wayes, is Vsurie, and all the premisses are vsurious acts, although many not in danger of the Statute.

Now diuers Merchants and others will say, That then there is no dealings betweene man and man, and all Trafficke and Commerce is ouerthrowne: For (say they) here is nothing excepted, wherein any [Page] man can deale, and all other Nations doe continually maintaine their Negotiation and Trafficke, by deliuering moneys at Interest and by Exchange, and will not bee ruled by our particular direction in the course of Trafficke: hereupon let vs also note what lawfull contracts are, before we conclude.

CHAP. XVI. Of lawfull Bargaines and Contracts.

WEE haue alreadie noted where a man may take a benefit for his money two manner of wayes, which is ex damno habito, where he hath sustained a losse, or ex lucro cessante, where his benefit or profit hath been taken away or preuented for the want of his money, which hee might haue bestowed in some wares to furnish his shop at conuenient time, and in both these the partie is not Actiue but Passiue.

I doe buy land of my friend for a certaine summe of money, and of like value to the land, with this condition, if he bring me the money againe at any time, he shall haue his land againe; I being lawfull owner of this land by bargaine and sale, may safely inioy the fruits and rents of the same lands without any suspition of Vsurie.

Another commeth to me and would borrow a thousand pound in Gold, and as much Plate for a shew to declare and set forth his wealth the more to the world when it is seene in his shop; in this case I may take Vsurie.

An Apothecarie lendeth to the Physician an hundreth pound by the yeare freely, because he shall send his Bills of Receits to him and to none other, this is no Vsurie.

I doe buy Timber, Bricke, or Stone of a man to deliuer the same at such a place, at such a time, and to pay him for the same, I doe borrow so much vpon Vsurie, if the said man doe not performe with me, in deliuering the said Timber, Bricke or Stone, yet is hee bound to pay me that Vsurie truely.

A Corporation taketh a hundreth pound of a man, to pay him eight in the hundreth during his life, this is no Vsurie, and so for all annuities during life, for the principall is neuer to bee restored againe.

A mightier man than my selfe, withholdeth through force a portion [Page] of land from me, I am loth to trie the law with him, because hee hath the law in his hand; and I offer to lend him fiue hundred pounds for a yeare or two freely, so that I may haue mine owne without further trouble or vexation: this is no Vsurie because I receiue but mine owne quietly.

I doe borrow an hundreth pounds for a yeare, promising at the yeares end to lend another hundreth pound for it, for the same time; this is Permutation.

I take the perill vpon mee of the carriage of a great masse of money; I may lawfully take portage money for my paines, and this is no Vsurie.

I am suretie for one, and pay the debt,Ext. side iuss [...]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. (*⁎*)

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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 Seig [...]ories, Common-weales, Societies and Orders shall be accounted for one also.

[Page]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 ad [...]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 [Page] 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 of iurisdiction, in the best manner that can be deuised.

Euerie person of this societie to be free and exempted of all Impositions, Taxes, Customes, Subsidies, lending of moneys any maner of waies, or any charges; as also masters of the counting houses, which shall not be permitted to exercise any trafficke or trade particular, but must wholy employ themselues to this businesse, with such allowance and order as is prescribed vnto them.

All worldly things being subiect to mutabilitie, euen the greatnesse and superioritie of Princes, which may happen to be deposed for a time, and afterwards to be restored againe; It is prouided, that of the gaines of the three parts allotted vnto them for three stakes in this couenant, the two shall remaine to the Crowne, and the third to the Prince, vntill he be restored againe or dead, which is onely to take place in all hereditarie kingdomes.

The said societie therefore not to purchase any land for the generalitie, to endanger Princes estates, but onely for their particular, as occasion serueth.

Modells or Medalia to be worne by the said hundreth persons of the societie, and the Masters of counting houses, onely with emendation and augmentation of their armes, and by their successors, vpon true register and acknowledgement to be made and kept thereof. The said Modells to containe on the one side, the world concatenated together vnder a Crowne Imperiall, assisted with the personages of Prosperitie, Honour, and Mercie, enuironed round about with two inclosed hands and armes of Faith and Credit; and on the other side the like with a Crosse and Inscription, He doth crowne his owne workes in vs. All which persons shall be made noble Knights of this order accordingly, with certaine other additions, as shall be thought conuenient, As by Faith and Credit it shall subsist, or the like.

The aforesaid stocke and credit to be emploied by the said Masters of counting houses, and assistants in fiue seuerall matters, by Exchange, Banke, Mount of Charitie, Mensa argentaria, and Houses of Vendition without any aduenture or losse, according to an instruction, shewing the benefit and commodiousnesse which will arise thereby vnto all estates, for the preseruation and augmentation of Honour [Page] and Wealth of the rich, reliefe of the poore, and welfare of the commons in generall, hauing some gratuities bestowed vpon them.

The priuate person (with whom all the aforesaid parties are to couenant) is to be generall Master of all the counting houses, and onely to keepe a generall booke of account, without any administration of the stocke, or to meddle in any trade of merchandise, but to haue the honour of knighthood, with a large allowance of charges, expences had and to be had for to entertaine all the parties and correspondencies which might resort to the places of his habitation: to which purpose he must be prouided of a stately house, with all conuenient things necessarie, and many seruants, messengers, and posts, with the gaines of one hundreth thousand crownes, that he doth furnish by many allowances and other meanes, to the satisfaction of all the parties, according to a particular agreement, wherein the vnited Low Prouinces are named the chiefe place or Rendevous of this negotiation or intended contract, whereunto diuers countries haue condescended.

The authors of this proiect (vnder the said priuate name) do desire for the aduancement hereof permission to execute the same, safgarde, to be protected from all iniuries, and to repaire all dammages which might be done vnto them in hostile or peaceable manner, freedome of all taxes, and assurance for their persons and goods according to an instruction.

To which end the Master generall of the said counting houses (if breach be made by any one of the parties in any article of this couenant) is to receiue the complaint, and to consult with his counsell of assistance, and so to giue notice thereof vnto the next neighbour, Prince, or State of this societie, to see the same redressed or amended. If that Prince do denie to be ayding, or be forgetfull therein, he shall be accessarie, and iudged as guiltie as the first offendor; whereas on the contrarie, the forfeiture of the reuenues of this first offendor for the time shall be his. And the society may remoue their counting houses, or change them into correspondencies, if other Princes and States should also proue to be negligent, and (without respect had to their priuate gaine) abandon so good an action, losing their title or reuenue, violating the law of nations, wherewith (no doubt) most Princes shall find themselues agreeued, and these Princes or persons transgressors will find the worse, and endanger their estates, to their great dishonour through all the world, and disturbance of other neighbour Princes.

For the better aduancement hereof, there is a place reserued for reward of two vnknowne persons, which by their industrie, labour, and science shall be thought worthie thereof, one bearing the name of it.

This princely contract requireth a serious consideration. The Stocke or Capitall is 2 ½ Millions, or 2500 thousand pounds sterling, or ten millions Flemish, which (increased by nine hundreth correspondencies) [Page] will make the stocke to be twenty and fiue millions, o [...] one hundreth millions Flemish. It being verie probable that through all the world there lyeth so much money dead without any vse or employment. The calculation of tenne vpon the hundreth by the yeare, doubleth yearely; so that he who by gift employeth one hundreth pounds, is to haue for it one hundreth pounds yearely for euer: and this is supposed to be gotten by fiue seuerall means, viz. by Cambium, Banke, Mons Pietatis, M [...]nsa Argentaria, and Domus Commutationis, whereof you may find the particulars in this Booke. The proceeding of this matter of great consequence hath beene interrupted by Monsieur Olden Barneuelt lately executed at the Hague in Holland, the sequell hereof time will discouer, and we may say with the Poet,

‘Quid non mortalia Pectora cogunt &c.’

CHAP. XVIII. Of Moneys deliuered vpon Liues, Annuities, and Pensions.

HAuing intreated of Moneys deliuered at interest without casualtie, and so termed Vsurie by reason of the contract of benefit without aduenture: it is conuenient to handle of Moneys deliuered vpon Liues, when Merchants do giue twelue vpon the hundreth without pawne, called beyond the seas after the pennie 8: the moitie whereof with pawne is six vpon the hundreth, or double eight, according to the pennie 16, as aforesaid. The pennie 8 is 12 ½, for eight times 12 ½ maketh one hundreth: so the pennie 16 which is vsed for rents vpon houses or lands is 6 ¼, according to which pennie 8 vpon one life or double for one yeare (so they all liue) is equal vpon eight liues. This is much vsed in diuers cities beyond the seas, to draw moneys into their hands. As for example.

One hundreth pounds is deliuered to haue two hundreth pounds for it at the yeares end vpon eight liues, if they all liue, you haue [Page] two hundreth pounds to buy a perpetuall rent; or sometimes as it hath beene, to giue twentie per 100 for the yeare, and so from yeare to yeare, and dying the principall is theirs.

One hundreth pounds for eight liues (by equalitie decreasing the pennie 8) is 12 ll 10 ss, for two liues, 11 ll 2 ss, for three liues 10 ll, for foure liues 9 ll 1 ss 9 pence, is 6 ll 5 ss for eight liues.

The Citie of Amsterdam was wont to giue good consideration, and did obserue this order vpon a hundreth Guelders for eight liues gaue
16
13
4

Obseruations of money deliuered vpon liues.

Of nine liues
19
1
0

Vpon tenne liues they gaue
22
4
5

Vpon eleuen liues
26
13
4

Vpon twelue liues
33
6
8

Vpon seuen liues
14
6
4

Vpon six liues
13
6
8

Here you are to remember the obseruations of Assurors, whether the persons be young or old, sober in their diet and behauiour, much trauelling abroad or staying at home, subiect to sickenesse, and the like considerations.Rents vpon houses.

Moneys deliuered vpon annuities for rents, seeme more reasonable than pensions vpon liues, because you beare onely the aduenture of the decay of houses or destruction of them in time of warre; and much more should bee giuen without pawne, than with pawne or morgage.

It is commodious for a man, hauing wast grounds and intending to build vpon them, to take much money vpon rent after 6 ¼ pro cent. which many Cities giue continually to increase their wealth and inhabitants. And because the valuation of their money doth often alter and is inhaunced, whereby all things become dearer,Rents payed in specie. the parties are aduised to haue their rents paied in specie, in Crownes, Dollers, Ducats to bee paied as formerly they were currant; the dangers in times of warres causeth rents to decrease, for the ancient rent is alwayes first to bee paied, although all others bee losers. (*⁎*)

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CHAP. XIX. Of the Denomination and Diuision of Moneys of diuers Countreys.

THE Denomination, Diuision, and Subdiuision of the moneys of all Countreys, is most necessarie for Merchants and all others to be knowne; because without it, they sayle in the course of Trafficke without Compasse, abandoned at all vncertainties and dangers to haue true equalitie and equitie obserued in their buyings and sellings, and that more especially if the course of exchanges be neglected, as shall be declared hereafter.

Some of these moneys are imaginarie, and some are substantiall or reall in specie, and yet not concurring in price or value.

England.IN England concerning Siluer coynes, there is the Crowne of fiue shillings, and the halfe Crowne of two shillings sixe pence, the shilling, the sixe pence, the foure pence or groat, the three pence, two pence, three halfe pence, the pennie and halfe pennie of sterling Siluer, and the farthing of Copper.

The ordinarie Golden coynes are the vnite peeces of 22 shillings, the halfe of eleuen shillings, and the crownes or quarters of fiue shillings sixe pence, and the ⅛ part two shillings nine pence, and the fiue peeces coyned at foure shillings, making twentie two shillings, with the Rose and the Thistle.

The Laureat King Iames, of twentie two carrats fine of twentie shillings, and the halfe peece.

Scotland.In Scotland is the Crosse Dagger peece of eleuen shillings, and the halfe of it, and their Rider of ten shillings six pence, and for their Siluer coyne the Marke peece valued at 13 pence ½ in England, and the halfe of the same, as also six small peeces of aboue two pence for the said Marke.

Ireland.In Ireland where no Mint hath beene since King Edward the fourth of England, the fifteene shilling sterling, make twentie shillings Irish, and the Siluer Harpe of nine pence sterling is there currant for twelue pence, and the moitie thereof accordingly, and the abouesaid Gold [Page] coynes are currant as in England, or in sterling reduced into their Irish moneys one third part more: so that the twentie shillings peece of Laureat King Iames, is there foure Nobles, and all other diuisions of it accordingly. So the English shilling is sixteene pence Irish, and the parts of it accordingly. All other old Irish coyne is out of vse, and little quantitie to be found of it.

In Germanie they make all their moneys by the account of Batsen, euerie Batts foure Creutzers, coyning peeces of three, sixe,Germanie. and twelue Creutzers. So the Ducat of Hungarie maketh 27 Batses; the Gold guelder eighteene Batses; the Polish guelder or doller fifteene Batses, Teastons fiue Batses. The said Gold guelder was value Anno 1520 to bee currant in Holland for twentie eight stiuers, whereby their corne is bought and sold, which is erronious and imaginarie, because there is no such peece in specie. So was the doller and the Siluer guelder, called Gros or Vnciales, weighing an ounce.

The ancient Romans called an ounce a guelder, and the eight ounces made one mark, and 12 ounces or guelders were reckoned for one pound; and there were coyned peeces called Nummi Dragmi, alias, Grosleyn, is the eight part of a doller; Angelicies was the ⅙ of a doller, making three Batses or twelue Creutzers, called Schriekenborgers. The said Angelici were Tribute penies, which being allayd and made worse, did obtaine the name of Bats, as it were seeking of a benefit, which since haue bin more imbased, and therefore deserue that name of Batses: they are called in Thuringia, Gulielmi, and in Bohemia Bohemici, in regard of the said tribute, whereof they haue also 12 peeces diuidedly for 12 pence, which pennie is all Germanie ouer two Hellers by way of account. The doller was first made vpon sixtie and fiue Creutzers, which (in those coynes so imbased) are answered by 72 Creutzers: And in oth [...] cities of Germanie they reckon as followeth vpon diuers coynes, [...] made, and some imaginarie.

At Augusta they haue small moneys, Grosses of three Batses,Augusta. Lion peeces, whereof two make a Creutzer; the Blackepennie foure to one Creutzer, Snubourgh, Blaphart or Bohomicos of three and 3 ½ Creutzers; the Ryckes doller is thirtie Albes of eight pence euerie Albe, or seuentie and two Creutzers for the said doller.

At Frankford they diuide their Florens of sixtie Creutzers,Frankford. by twentie shillings, and euerie shilling in twelue Hellers, according to the pound.

At Norenbourgh in like manner, and the Creutzer is foure pence,Norenborough. euerie pennie two Hellers, and fiue pence called a Fynfer or fiue Pennick.

At Strasborough they vse Blapharts, Grosses,Strasborough. Bohemicos of three Creutzers, euerie Blaphart six pence of two Hellers or foure Ortlyn.

At Bohemia, as in Germanie; and the Bohemici,Bohemia. are whitgrosse of three Creutzers; the Doller is twentie foure Bohemicos, of twelue Angster, euerie Bohemico ten pence, and one Marke is fortie Bohemicos, and Scoc, is sixtie Bohemicos.

[Page] Vienna.At Vienna the Ryckes Doller is eight shillings, and the Ducat twelue shillings.

Trioll.At Trioll the Doller at seuentie two Creutzers, of fiue Fynfers or Hellers the Creutzer.

Hungarie.In Hungarie the said Ryckes Doller is seuen shillings seuen pence, now inhanced to eight shillings.

Colloigne.At Colloigne and Cleues, a guelder is 24 whitpennie, of twelue Morkens, and euerie whitpennie is two shillings or stiuers, and foure marke for the guelder.

Hamborough.At Hamborough the Doller coyned at thirtie and one shillings Lups, and for many yeares currant for thirtie and three, is inhanced now to fiftie and foure shillings of three whitpennie, and euerie shilling is twelue pence, of two Hellers euerie pennie.

Pomerania.In Pomerania the said Doller is thirtie and two shillings, of two Snudens, one marke Snudens is eight shillings Lups, and the two markes Snuds are one marke Lups.

Dansicke.At Dansicke the Doller thirtie and fiue Grosse of three shillings, and in other places as you may find vpon the moneys denominated hereafter, in the Chapter of the Imaginarie Moneys of Exchanges, for Merchants further directions.

CHAP. XX. Of Merchants Accounts kept by Debitor and Creditor.

THE manner of keeping accounts by Debitor and Creditor, was first deuised in Italy vpon verie good considerations. There is great affinitie betweene Faith, Trust, and Confidence; in Diuinitie Trust and Confidence are two handmaides vnto Faith, euen as Faith is the hand whereby wee apprehend Gods mercies, to repose our trust in him, and to bee confident thereof. But in Humane actions the word Trust is more proper, which implieth a credit or beliefe which wee giue or repose vpon others, or others do attribute and giue vnto vs. Hence proceedeth the Italian speech, Star dal Credere, grounded vpon that maxime of [Page] the Ciuile Law, Omnis homo bonus, donec contrarium probetur; wherevpon a man negotiating in this world must trust and bee trusted: he that is trusted with any goods, moneys, or other mooueable things, is therefore called a Debitor or Debtor vnto the partie that doth trust him therewith, and he calleth that partie his Creditor, because hee gaue him credit for the same; whereby Debitor and Creditor concurreth betweene partie and partie. Suppose now, that a young man being of age to manage his owne, is desirous to deale in the world in trafficke and trade by buying and selling of commodities, or to let out his money at vse, or by exchange, for other countreys (vnto which three actions wee still obserue our method, as being the Essentiall parts of Trafficke, as often hath beene declared:) and thereupon he endeuoureth to keepe a true account of all his proceedings and negotiation, by way of this manner of account by Debitor and Creditor, that is to say, to haue still a Creditor vnto a Debitor, and a Debitor vnto a Creditor, which must reciprocally answere each other. Now considering of his meanes for the effecting hereof, he findeth that he hath one hundreth Clothes, two hundreth Kersies, or any other commodities left him by his father or friends, and moreouer some thousand pounds in readie money, and fiue hundreth pounds in debts owing by seuerall persons, payable at some time to come, besides some hundreth pounds yearely in Lands or Leases: out of all these he maketh a Stocke or Capitall, which he doth enter into a Book [...] called a Iournall,A Iournall Booke. because it containeth his daily actions from time to time; and from this Booke they are transferred or set ouer into another bigger Booke, called a Liedger,A Leidger Booke. because the same remaineth (as lying) accordingly in a place for that purpose.

The Spaniard doth call this Booke El Libro grande, and the Iournall he calleth Manuall, being of a farre lesser volume, commonly but one third part of the other, being manuable, and vnto this they keepe a Borrador or Memorial, wherein all things are first entred,A Memoriall Booke. and may vpon occasion be blotted, altered, or (by error) be miscast, or not well entred.

But in the Iournall and Leidger Booke, there may not be any alteration of cyphers, blotting (nor places left in blanke in the Iournall) but one parcell without intermission must follow another, otherwise the bookes are of no credit in law, or before any Magistrat; whereas otherwise much credit is giuen to bookes well and orderly kept, for the deciding and determination of many controue [...]sies which happen between Merchants and Merchants, and their Factors, which is the cause that I could not omit to write thereof, as a branch of the Law-Merchant, to the end that such Iudges, and others that are vnacquainted with the manner of it, may be enlightned in their proceedings, which (in matters of this nature) may come before them to be determined.

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The manner how he doth enter them in the Iournall is as followeth.

WHerein obserue, that euerie Debitor must haue a Creditor, and so on the contrarie euerie Creditor his Debitor, and alwaies the left side of your Leidger Booke being open is the Debitors side, and the right side of the said booke towards your right hand is the Creditors side,How parcells are found in the [...]eidger and Iournall. wherein you enter euerie Account by it selfe from the parcells of your Iournall, which parcells (in the said Leidger Booke) are found in the Iournall by the date of it when it was made. But in the Iournall, the Leaues or Folio of the Leidger are noted ouer a line in the Margine for the Debitor, and vnder the said line for the Creditor: and so in the Leidger booke euerie parcell hath in the latter end a direction to the Folio or Carta, as the Italians call it, whereby the Debitor sheweth his Creditor, and the Creditor maketh relation to his Debitor; which words are not vsed, but vnderstood by, Such a one oweth, and, Such a one is due to haue: not only of persons, but of things themselues. As the great Merchants which buy and sell many commodities for themselues, or for others, they will arme an Account, which is the Spanish phrase, Armar vna Cuenta; but in plaine English, they will keepe or frame an Account for themselues,Magazi [...]. and make their Ware-houses or Magazin Debitor, because the Ware-house is trusted with the wares or commodities: others will make the commodities Debitor, and their owne Capitall or Stocke Creditor.Capitall or Stocke. In like manner (because their moneys are layed vp or locked in a chest, which they call Cash) they will therefore imagine this Cash to be a person whom they haue trusted,Ca [...] or Chest. and make the said Cash a Debitor for the money they put into it, and when they pay out that money, or any part thereof, they will make Cash Creditor, and that partie to whom it was payed shall be made the Debitor, and if he do pay the same by your order to another partie, he shall be made the Debitor, and so the other is discharged and becommeth a Creditor; and so from one to another, vntill you come to receiue the money againe, and then Cash is Debitor againe: for you must stil haue a care to find a Debitor to haue his Creditor,A [...]rrie iest of Will. Sommers. and that euerie Creditor may haue his Debitor. It seemeth that William Sommers (being a Iester to King Henrie the eight) had some insight in this manner of Account: for when the King told him, that he had deliuered a good summe of money vnto a gentleman a follower of his, Sommers answered, That for doing so, he had noted in his Booke, that the King was a foole, giuing his reason for it, Because the gentleman would neuer returne backe againe, and that the King was cosined: but the King asked of Sommers. What he would do, in case the gentleman did returne with the money? whereupon Sommers answered, Then I wil put him in my booke for a foole, and put you out, Sic nugae seria ducunt.

To returne to our young Merchant, by this time he hath taken an [Page] Inuentorie of his estate, and caused his Clothes and Kersies to be valued, and findeth that the hundreth clothes are worth some 1200 ll one with another, and his two hundreth Kersies of Deuonshire 400 ll: hereupon entring the yere, moneth, and day in the Iournall, he maketh Debitor and Creditor as aforesaid.

Magazin or Warehouse oweth vnto Capitall or Stocke 1600 ll for one hundreth white Clothes of the markes following,The manner of making Debitor and Creditor. amounting to 1200 ll, and for two hundreth Deuonshire Kersies at 40 ll the packe of twentie peeces, which of mine owne estate I find in this my warehouse parcell of my patrimonie, amounting together in wares 1600 ll, and this summe is drawne out in the margine towards your right hand in the said Iournall.

Cash oweth vnto Capitall or Stocke (you need not to say of me A.B.) the summe of 1000 ll, for so much readie money which I find this day in Cash, proceeding of &c. and this summe is likewise drawne out &c.

B. M. Mercer oweth vnto Capitall 300 ll, which he owed by bill vnto my father deceased, payable in two payments, namely &c. summe 300 ll.

N.W. Merchant oweth vnto Capitall 200 ll for so much owing by him vnto my father deceased, which is payable the 25 of March next, by bond &c.

The Manor of Latham in Lancashire oweth vnto Capitall 1500 ll,Land [...]. which was left my father by descent from &c. containing &c. of the yearely value of 66 ll, now in the tenure, occupation, or possession of &c. 1500 ll.

The lease of the house called the Golden Lyon scituate in Cheapside in London, oweth vnto Capitall 200 ll,Leas [...]. for so much I haue paid vnto the companie of Mercers for a lease of the said house for 21 yeares, with a reseruation of a rent of 20 ll yearely, to be payed euerie six moneths, now in the occupation of A.B. Gold-smith, paying me sixtie pounds yearely rent for the same, I say cost me two hundreth pounds.

Plate and houshold stuffe oweth vnto Capitall 200 ll,Houshold stuffe. for so much I haue bought, and find to be in moueables of plate, apparrell, and houshold stuffe since my fathers decease, wherewith I find all my estate to be worth 5000 ll, the particulars of which plate and moueables are by Inuentorie to be seene in my Booke of Remembrances or Memoriall; so for this parcell I draw out 200 ll.

Here you see that this young Merchant hath an estate of 5000 ll to begin the world withall, consisting of the aforesaid seuen parcels.Transferring of parcels to the Leidger. These seuen parcels now are put ouer into the Liedger, which some call posted ouer, in so many seuerall Accounts of seuen Debitors, and there is but one to be made Creditor for all these, which is Capitall or Stocke, which doth answere by correspondence all the seuen Debitors in their proper accounts, amounting all to the summe of 5000 ll on the Debitors side, and so is here 5000 ll on the Creditors [Page] side which doth ballance the other,Ballancing of accounts. being so termed of a paire of ballances, wherein equall weight being laid on euerie side, the ballance will be iust and euen; and in like manner must all accounts (kept by Debitor & Creditor be euen ballanced, whatsoeuer the remainder of the accounts are, which falleth out by calculation vpon the account. But the maine ballance of the whole booke may not differ one pennie, and fractions of halfe pence and farthings are not vsed in Iournall parcells, but accounted in the summaries at the first.

This Merchant now employeth his money and buyeth some other commodities to be sent beyond the seas: namely, one hundreth peeces of Perpetuanoes, which cost him readie money fiftie shillings the peece; more, twentie fother of Lead, at ten pound the fother; fiftie peeces of Bayes of diuers sorts, cost him two hundreth and twentie pounds; and twentie Redding mingled colour clothes, amounting in all to 870 ll,Entring of parcels in the Iournall. which he paied in readie money. And all these commodities he doth enter into his Iournall in one parcell, making the said Magazin Debitor for all, and his cash Creditor, because the said cash was made Debitor for the mony of one thousand pounds,For commodities bought and money paied for [...]hem as you see before, and now being made eight hundreth and seuentie pounds Creditor, there is but one hundreth and thirtie pounds more remaining in cash, the rest is in commodities.

For money receiued, and a debtor partly discharged.By this time B.M. the Mercer (who oweth three hundreth pounds) payeth a hundreth pounds of it, now Cash is made Debitor for that one hundreth pounds, and B.M. is made Creditor for the same; so he oweth now but two hundreth pounds, and there is now in Cash two hundreth and thirtie pounds.

Substantiall wealth.The three existant parcells by themselues for the Lands, Lease, and the Plate and Houshold stuffe, remaine still in the bookes vntouched.

The Merchant beginneth to ship his commodities, and sendeth his hundreth white clothes for Hamborough to a Factor, or his seruant, and payeth the kings Custome, and all charges concerning the same: and now he frameth an account of those clothes, intituling the same voyage to Hamborough,Accounts for voy [...]ges for Hamborough. or clothes sent to Hamborough, do owe vnto the Magazin one thousand and two hundreth pounds, for one hundreth white clothes sent for my account to such a man in such ships &c.

Money paied for Custome and charges.Then he doth charge this account of clothes with the Custome and charges he paied;—Clothes sent to Hamborough do owe vnto Cash sixtie pounds for Custome and charges paied for the same, as in the Memoriall Booke appeareth.

For Seuill in Spaine he sendeth the hundreth peeces of Perpetuanoes which he bought,Voyage for Spaine. and fiftie peeces of Bayes, and twentie fother of Lead, which did cost him 670 ll; and the Charges, Custome, and Impositions are fiftie pounds in toto.

For Lixborne in Portugall he sendeth two hundreth peeces of Deuonshire Kersies,Voyage for Portugall. and twentie Redding clothes, which cost him six [Page] hundreth pounds, and the Custome and charges fortie pounds.

And hereupon hee armeth two accounts vnder the name of voyage into Spaine, or voyage to Lixborne, or some other such name of the said commodities, as euerie man thinketh good: so these voyages are Debitor for the commodities, customes and charges therof, and the Magazin is discharged, and made Creditor as abouesaid;Magazin discharged. and likewise Cash is made Creditor, hauing payed the Customes, Impositions and charges aforesaid.

This Merchant, not willing to beare so great an aduenture of sixe hundreth pounds, or seuen hundreth pounds in one Ship, doth cause himselfe to be assured of three hundreth pounds in euerie Ship,Money for assurance. at foure and fiue vpon the hundreth, and payeth the same vnto the assurors. Hereupon he maketh the said voyages Debitor, and Cash Creditor for so much, namely, thirteene pounds for Lixborne, and sixteene pounds for Seuill, and so committeth the same to Gods will and pleasure, and all these parcells are entred into the Bookes.Money receiued. And B. M. the Mercer doth pay more two hundreth pounds, whereof Cash is made Debitor, and B. M. is made Creditor, and discharged of the 3 hundreth pounds he did owe,Money deliuered a [...] interest. whereby the Merchant finding some money to spare, he deliuered out two hundreth pounds at interest vnto another Merchant for sixe moneths, and thereupon he maketh this Merchant C.D. Debitor, & Cash Creditor, declaring to haue his bond of three hundreth pounds, for the payment of two hundreth and ten pounds at such a day in such a place.Interest mony. And for the interest money of tenne pounds, hee maketh him likewise Debitor, and the account of profit and losse Creditor. But some men do make a particular account of interest, which is at a mans pleasure.

Now the two hundreth pounds which N. W. oweth, are due,Moneys owing continued at vse. and hee desireth to keepe the money for sixe moneths at interest, and to giue his bond for it, which is so agreed betweene them; the interest is ten pounds, for which hee maketh likewise N.W. debtor, and profit and losse Creditor.

The Merchants estate standeth now thus,View of a Merchants estate by the Bookes. at Hamborough one thousand two hundreth and sixtie pounds, at Seuill seuen hundreth thirtie and sixe pounds, at Lixborne sixe hundreth fiftie and three pounds, at interest foure hundreth and twentie pounds with the interest, and but little money in Cash, because of his daily expences.

Suppose now that the Ships of the Companie of Merchant aduenturers are come from Hamborough,Returne of voyages. and our Merchants clothes are sold to diuers Merchants and others there, to bee payed at sixe and sixe moneths,Money paied by way of anticipation. for which they haue giuen their Bills obligatorie to pay the same accordingly. But some of these Merchants are desirous to pay their money by way of anticipation, hauing interest allowed them for it, after the rate of eight in the hundreth for the yeare, and so pay readie money to our Merchants Factor, and therevpon the said Factor maketh ouer by exchange foure hundreth [Page] pounds sterling by two Bills of exchanges to be paied here at vsance (which is two moneths after the date of the Bills) by Merchants strangers.Money made ouer by exchange. These Merchant strangers doe accept the said Bills of exchanges, and you make them seuerally Debitors for the same, and your Factor of Hamborough Creditor for the said foure hundreth pounds.

Moreouer, your Factor hath set ouer some of those Merchants Billes of debt for forraine commodities, and hath taken in paiment two Cases of Veluets,Veluets bought beyond the Seas. which did cost eight hundreth pounds, and hee sendeth them in these Ships, with an account of the charges, customes, and factoridge of the said Veluets, amounting to fortie pound; so the Veluets cost in all eight hundreth and fortie pounds: for this you make a new account for Veluets, or the returne of the Hamborough voyage Debitor and your Factor Creditor for the said eight hundreth and fortie pounds,Money taken vp by exchange. as aforesaid. And because you are to pay great Custome and Imposition of these veluets, and your Cash is not well prouided; you take vp by exchange here sixtie pounds to be payed by your Factor at Hamborough, and deliuer your Bill of exchange for it, and receiue the money; now Cash is made Debitor for the same, and your Factor that is to pay the money is made Creditor for it accordingly.

Cloth sold beyond the Seas, and account sent of them.This Factor doth now by land send vnto you the account of your hundreth clothes sold vnto diuers Merchants as aforesaid, and this account is made in Hamborough or Lups money, and it is supposed amongst Merchants, that six and twentie shillings and eight pence of their money, is correspondent to our twentie shillings sterling; according to this you reduce your Hamborough money into sterling money after the rate,Hamborough money reduced into sterling. and your Factor in the said account hath alreadie deducted his factorige, customs, and all charges incident vpon the clothes sold by him: so that casting your account vpon the nett Prouenu of your clothes, hee hath receiued cleere money one thousand foure hundreth and eightie pound sterling; heereof now you doe make your Factor Debitor, and the voyage for Hamborough Creditor, and comming to your Leidger Booke, you find the said voyage Debitor one thousand two hundreth and sixtie pounds, and now to be made Creditor one thousand foure hundreth and eightie pounds: so you find here is two hundreth and twentie pounds cleare gaines by the account, vnlesse you should become a loser in the veluets; for the money deducted for interest to him that paied before his time, is alreadie deducted in the account of clothes: so that to cleere this account of the voyage, you make the same Debitor for the said two hundreth and twentie pounds, and the account of profit and losse Creditor for the same.

You haue now sold your two cases of Veluets, the one for readie money, and the other at sixe and sixe moneths dayes of paiment, to W.W. Mercer, amounting to fiue hundreth and twentie pounds, whom you haue made Debitor for the same, and your veluets Creditor, and [Page] for the other you haue made Cash Debitor for foure hundreth ninetie pounds, which you haue receiued, and likewise your Veluets Creditor for the same summe; so in both, one thousand and ten pounds: and casting vp your charges, Customes, and Impositions of your Veluets, you find them to amount vnto 80 ll, and for this summe you make Veluets Debitor, and Cash Creditor: so your Veluets did cost with all the said charges 920 ll, and they were sold for 1010 ll; so there is 90 ll aduanced by the said Veluets, whereof to cleare this account, you make Veluet Debitor, and Profit and Losse Creditor, as aforesaid. Hauing now money in Cash, you make ouer 300 ll for Amsterdam by exchange, with condition and order to your Factor, That from time to time as the mony groweth due, hee shall make it ouer againe by exchange vnto you at double Vsance, which is two moneths, as you made it ouer vnto him: some now in this case wil arme an account of exchanges; but it is better to make the factor of Amsterdam debitor for it, and cash creditor.

Ships are now arriued from Saint Lucar in Spaine, and your Factor of Seuill hath sold your Perpetuanoes, Bayes, and Lead,Retu [...]ne from Spaine in Tabacco. and in returne thereof hath sent you a parcell of Tabacco, because Cutcheneall was too deare, and rich Indico is heere too good cheape: withall hee hath sent you the account of your commodities kept in Royalls of Siluer,Accounts of goods sold in Spaine. accounting sixe pence for a Royall of the cleere Prouenu, being 27240 Royalls, making sterling 681 ll, whereof you make him Debitor, and the Voyage for Spaine Creditor; and when you come to your Leiger Booke, there it appeareth that the said goods did cost you 736 ll, and so there is lost 55 ll. For this now to cleare the account of the said goods, you make Profit and Losse Debitor,Losse vpon wares in Spain and the said Voyage Creditor to ballance this losse, contrarie to the gaine, the Tabacco did cost with all charges 24800 Royalls, which is 620 ll; for this you make an account of Tabacco Debitor, and your Factor of Seuill Creditor,Reduction of Spanish mony into sterling. in the same manner as you did your Veluets, putting thereunto the great Impost which you paied for the same, and all charges; and hauing sold your Tabacco for tenne shillings a pound one with another, you find to haue made cleere aboue one thousand pounds, be it 1010 ll, which cost you in Spaine but 620 ll, so heere is 390 ll gotten;Gaine by Tabacco. but you lost 55 ll by your wares sent into Spaine: well, this account is cleared, Tabacco is made Debitor 390 ll, and Profit and Losse Creditor for the same, and now you are well stored for money, for all is readie money, sauing 300 ll at sixe moneths. Hereupon you make more money ouer by exchange for Amsterdam,Money made o [...]er by exchange. by seuerall Bills to your Factor, to the sum of 500 ll, and thereupon he is made Debitor, and Cash Creditor for the said sum, Interim your said Factor of Amsterdam hath made ouer vnto you by exchange the former 300 ll backe againe, for which you make him Creditor, and the partie Debitor that is to pay you the money at double Vsance.

The Ships of Lixborne are also arriued, and bring in returne of [Page] your Kerseys and Reading clothes, fortie chests of Sugar of the three sorts, Pancla, Mascauado, and Blanco, or white, with aduice that the commodities are sold at a reasonable rate, for by the account it appeareth that the nett Prouenu of it commeth to 1204 thousand 800 Reys,Reduction of Portugall money into sterling. which make 3012 ducats of ten Royalls, or 400 Reys, is sterling 753 ll; so that there is aduanced by the account iust one hundreth pounds, which are carried to the account of Profit and Losse, as in the former Accounts. The fortie chests of Sugars did cost 550 ll, whereof the Factor of Lixborne is made Creditor, and the Account of Sugars Debitor, in like manner as aforesaid, Mutatis, Mutandis, and the said Sugars were sold paiable at sixe and sixe moneths, for 820 ll; so that the charges and customes deducted, there was 190 ll gotten, which are likewise posted to the Account of Profit and Losse.

Money which was made ouer, returned by exchange againe.The 300 ll made ouer from Amsterdam, are now due to be paied heere, and the Merchant doth offer you to pay them by a new Bill of exchange; whereunto you agree, and heereupon you make him Creditor, and your Factor of Amsterdam againe Debitor: and withall you make ouer by exchange other 200 ll payable at double Vsance; and for this you make him Debitor also, and Cash Creditor.

The yeare is now almost expired, and euerie prouident Merchant doth commonly make vp his Account, and draweth a ballance of his booke, and this Merchant findeth to haue receiued of his Mannor of Latham,Money receiued o [...] lands and lease. Expences of house keeping reckoned. and lease of a house 106 ll, and for this he charged his Cash, and carrieth the same to Gaine and Losse, as he did all the former parcells. Then hee doth cast vp his expences of house keeping, which come to 150 ll; and for this hee maketh Profit and Losse Debitor, and Cash Creditor.

The 400 ll made ouer from Hamborough are receiued, and Cash is Debitor for it, and the parties that payed the same, are made Creditor, and discharged. Now by the Account of Profit and Losse, there appeareth to be gotten 911 ll cleare,Gaines of the Acc [...]unt of Profit & Losse, and Losse carried to Capital or stocke. all charges and expences deducted: this is now carried to Stocke, which is now 5911 ll. Heereupon take all the remainders of the Accounts by Debitor and Creditor, which is the ballance of the Booke, and you shall find nothing on the Creditors side, but the Capitall of 5911 ll, which is ballanced by the nine accounts following, and the three accounts for the lands, leases, and houshold stuffe, amounting to 1900 ll vnaltered; So

1900 ll
for the said lands,

Ballance of the Leiger Booke.

lease, plate, and houshold stuffe.

420
Owing by two parcels at interest, by C.D. & N.W. Merchants.

520
Owing for Veluets sold to, &c.

300
Owing for Tabacco sold to, &c.

820
Owing for Sugars sold to, &c.

1000
Owing by the Factor of Amsterdam, &c.

180
Owing by the Factor of Hamborough, &c.

61
Owing by the Factor of Seuill, &c.

203
Owing by the Factor of Lixborne, &c.

507
Readie money in Cash.

5911 ll.

[Page]Thus it appeareth, that this Merchant hath augmented his Capitall or Stocke nine hundreth and eleuen pounds,Losse by the Account of profit and losse being now worth 5911 ll. And if he had beene a loser by the Account of profit and losse, then must he make his Capitall Debtor, and the said Account Creditor, to ballance the matter, whereby his Stock would haue decreased. Now by these proceedings in buying and selling, receiuing and paying, you may vnderstand all other voyages for what places soeuer, taking notice of the diuersities of moneys, and calculations of Exchanges alreadie declared in our former Chapters; hauing an especiall care to keepe an orderly Cash Booke of all the moneys receiued and payed out; which,The importance o [...] a Cash Booke. as money is Publica Mensura, or a right Iudge to set a price vnto euerie thing, so may you by the measure thereof (truely entred in the Cash Booke) find out many doubts, questions, and vncertaineties in Accounts. For the moneys being proceeding from the originalls of commodities or exchanges, and the persons with whom you deale therein, giueth you light and direction to discusse these differencies; and therefore it may well be compared to the measure of Hercules foot, whereby the whole Symetricall proportion of all his bodie was found out.Symetricall proportion in Accounts. And manie Merchants Accounts are so intricate, and ouergrowne with errors, as Archymedes Tombe with thornes, when Cicero came to visit it.

But now me thinkes I heare one say, You haue briefely shewed vs the manner of Accounts by Debitor and Creditor, with the application of it to a Merchants negotiation for Commodities and Money, and also by deliuering money by Exchange, and how Money is gotten by Commodities, and by letting the same at Interest; But I cannot vnderstand how a Merchant getteth money by Exchange of money by bills of Exchanges.

Hereunto I answere, That it was omitted of purpose, because it should not obscure the former demonstration, otherwise the matter is of such importance, that whosoeuer dealeth without consideration of it, is like to a blind man groping in the dark, and yet may hit the egge. For (according to the price of Exchange) all the commodities of the realme which are exported, and all the forreine commodities imported, are sold.

Know ye therefore,Profit of exchange known by the rechange. that the benefit or profit of exchange is neuer known directly, but by the rechange thereof: to which end you may remember, that our Merchant did first make ouer three hundreth pounds by exchange for Amsterdam, which were rechanged againe; and then he made ouer fiue hundreth pound, three hundreth pounds, and two hundreth pounds, in all one thousand pounds; and now lately he hath made ouer one thousand pounds more for the said place of Amsterdam, all at double Vsance, to make the better benefit and lesse charges. These moneys are made ouer at seuerall places as followeth.

[Page]

ll
ss
d

The manner how exchange giueth profit.

300 ll are made ouer at thirtie fiue shillings Flemish for the pound, is
525
0
0

500 ll are made ouer at thirtie foure shillings ten pence, is Flemish
870
16
8

300 ll at thirtie foure shillings six pence, is
517
10
0

200 ll made ouer at thirtie foure shillings eight pence, is Flemish
346
13
4

1000 ll at seuerall prices one with another, at thirtie fiue shillings
1750
0
0

So the 2300 ll sterling paid at Amsterdam, is Flem.
4010
0
0

These moneys haue beene made ouer, or returned againe by Exchange at seuerall prices, and the account cleered, as followeth.

| ll | ss | d
300 ll were made ouer from Amsterdam, at thirtie foure shillings two pence, is | 512 | 10 | 0
500 ll were made ouer at thirtie three shillings six pence for the pound sterling | 837 | 10 | 0
500 ll at thirtie three shillings nine pence, paied at Amsterdam for the pound | 843 | 15 | 0
500 ll at thirtie three shillings eight pence in like manner, is | 841 | 13 | 4
The Factor taketh for his sallarie, and paied to Brokers | 21 | 4 | 8
And maketh ouer 500 ll more, and gaue thirtie three shillings ten pence for the pound | 845 | 16 | 8
More at the same price of thirtie three shillings ten pence, he made ouer the iust remainder in his hands, being 107 ll 10 ss 4 d, and sendeth a particular bill of Exchange of 63 ll 11 ss for it | 107 | 10 | 4
| 4010 | 0 | 0

Gaine by exchange to profit and losse.Here you may find distinguished, that wheras you made ouer from London the sum of 2300 ll sterling you now receiue backe 2363 ll 11 ss, whereby your p [...]ofit is 63 ll 11 ss, of this you make your Factor Debitor, and the account of Profit and Losse Creditor, and the like of other summes for other places. The Spaniard therefore fr [...]meth an Account of generall exchanges for all places, called Cambios generales, to keepe an euen and iust Account with his Factor, admitting a certaine rate betweene him and the said Factors, according to which he rateth all the parcells of Account, be it for commodities bought or sold, or moneys paied and taken vp againe by exchange, which is the more labour, but more exactly done; otherwise it bringeth some alteration in Account, as for example.

Difference in the rate of exchange.This Merchants Factor at Hamborough doth remaine D [...]bitor vpon the Account one hundreth and eight pounds, which is according [Page] to twentie six shillings eight pence for the pound sterling. This money he maketh ouer by exchange, but he is faine to giue twentie seuen shillings for the pound, which doth differ foure pence lups in the pound sterling: so that for this difference you must make another parcell, charging the account of Profit and Losse with this losse, and making your Factor Creditor for it: whereas in the generall account of exchanges, all is brought ouer in one parcell; but herein euerie man may follow his pleasure.

Another obiection is made, How shall a man do that hath no stock,Obiection. or little or nothing to begin the world, as diuers men that from nothing come to an exceeding great wealth? what booke of account can they keepe by Debitor and Creditor?

The answere is manifest, all is grounded vpon trust.Answer [...]. If any man will sell you commodities payable at long daies of payment, and you sell them, and pay him with his owne, you can make him Creditor for the same, and the commoditie Debitor: and in like manner if any man lend money vnto you to trade withall. So that you may perceiue that this is an excellent inuention, and a most commodious course to know things readily.

The Bankers therefore that deale for millions of pounds,The keeping of accounts by the Bankers. and make great payments continually by assignation, doe summe vp euerie tenne parcells, and post them ouer to a new Account, because they know at all houres whether a man be Debitor or Creditor vnto them.

If the treasure of Princes were disposed by this manner of Account, they should receiue many benefits and aduantages.

First, they should not be in wants as they commonly are,Princes accounts to be kept by Debitor and Creditor. but make their treasure goe further in payments, because they may know at all times where to find their owne, and what is owing vnto them.

Secondly, they should not be deceiued as they are by their Auditors accounts, by way of charge and discharge, made sometimes many yeares after, when commonly officers are much indebted vnto them, and yet call for money continually, which afterwards (before the account made) is consumed by extraordinarie allowances, which are easily procured, when their moneys are out of their coffers; so that vpon the matter, they might pay that with one pennie which now doth cost them three pence, whereof the late warres in Ireland giue vs a sufficient instance.

Lastly, the charges and expences of officers would be much diminished, and Princes would content their 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 [Page] 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 R [...]changes, hauing factoridge allowed vnto him for the same, according to the manner of Merchants, some more and some lesse, as they agree betwe [...]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 exp [...]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 [Page] 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 th [...]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.

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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 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 [Page] 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.

[Page]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 [Page] 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 merchandising by Bills of Exchanges; and especially two other Exchanges, which they named Cambio sicco, and Cambio fictitio.

3 Cambio siccoThis Cambio sicco, alias called drie Exchange, is in this manner: A Merchant hath occasion to vse, Verbi gratia, one hundreth pounds, which they will deliuer him in London, to be paied vnto their Factor at Stoad: but hauing there no Factor of his owne, the said Merchant is contented to make his Bill of Exchange vpon the Bankers Factor, payable to him the said Factor, with order and aduice, that when the said Bill shall be due, he shall charge him by Exchange againe, and take vp the Money there, and hee will pay the same with the rechange and charges of Factoridge and Brokeridge: wherein they will be sure to make him pay verie great vse or interest, of fifteene or twentie in the hundreth for the taking vp of this Money, and to make it more drier Exchange, they will be contented to take no Bill at all, but the Merchants promise to pay it as other men doe at the same time, dealing in Exchange for the said place of Stoad, and in like maner for other places.

4 Cambio fictitio. Cambio fictitio is yet more pernitious, and performed in this manner: A Merchant (to keepe his credit) being driuen to buy goods for a shift, when Money is not to be had, and he will not be beholden vnto others, comming vnto them (as hauing store of commodities at all times) they faine that they haue need of Money, and must sell their commodities for readie Money; Prouided alwaies (say they with louing protestations) we will pleasure you thus far, looke what the goods come vnto, we will take it vp for you by Exchange for Venice, Lyons, or some other place, so as you will pay vs for Exchange, Rechange, or any other incident charges: wherunto the merchant agreeing, then shall he be sure to pay soundly for the vse of the Money, and loose exceedingly vpon the wares.

[Page]These two biting manner of Exchanges being discouered, were by an Act of Parliament prohibited in the third and fourth yeare of King Henrie the seuenth: afterwards (as is noted) the Exchange being discontinued in the time of King Henrie the eight, it happened that the former abuses came to bee rife againe in the raigne of King Edward the sixth,Exchange was forbidden. which caused the vse of Exchange to bee vtterly forbidden for a short time. But as Ships cannot saile without water, no more can trafficke subsist without Exchange in the accustomed places; so that the inconueniences appearing it was restored againe in hope of good dealing and reformation promised by other Princes, concerning the Royall Exchange. But in the time of Queene Marie it was againe neglected; who being married with King Philip the second of Spaine, did conniue in those things, because the dominion of the Low-countreys were esteemed to be vnder one degree.

In the beginning of the raigne of Queene Elizabeth, Complaints of Exchanges. new complaint were made of the new Exchanges, by Master Hussey Courtmaster of the Companie of Merchants Aduenturers; but no man could apply or find a remedie to moderate the inequalitie of Exchanges, and to haue value for value, as appeareth by Letters Pattents graunted to the old Lord Treasurer Burghley, who did not execute the same in three and twentie yeares after for want of true direction, to the great losse of the Realme, as may bee seene by a Commission in Blanke returned by diuers Merchants: albeit the Italian Merchants in those daies could not denie the abuses thereof being expostulated withall, as by their politicke Letters appeareth, vnder the hand of Acerbo Velutelli, Suigo Caualcanti, and others, who wanted not some vpholders to maintaine their priuate benefit. (*⁎*)

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CHAP. II. Of the true calculation of Moneys in exchange by Bills of Exchanges, according to Par pro pari.

The true ground of Exchanges. THe true royall Exchange for Moneys (by Bills of Exchanges) is grounded vpon the weight, finenesse, and valuation of the Money of each countrie, according to the Par, which is, value for value: and so is our Exchange of England grounded vpon the weight and finenesse of our Monies aforesaid, and the weight and finenesse of the Moneys of each other countrie, according to their seuerall standards proportionable in their valuation, which (being truely and iustly made) maketh the price of Exchange for euerie place, according to the denomination of the Money, wherupon all Exchanges are made.

These Exchanges do much differ in the name and proportion between the gold and siluer obserued in most countries; so that we are to examine and compare our weight aforesaid, with the weight of other countries, and the finesse of the sterling standard with the finesse of the seuerall standards of the coynes of other countries: and if we differ not with them in the proportion betweene the gold and siluer,The maner to calculate Exchange. then may our Exchanges run at one price both for gold and siluer, taking the denomination according to the valuation of Monies of each countries: and hereby shall we find how much fine siluer or gold our pound sterling containeth, & what quantitie of other Monies of Germanie, Italie, France, the Low-countries, Eastland, and elsewhere we are to haue in Exchange to counteruaile the same in the like weight and finenesse answerable vnto ours, be it by the Pound, Doller, Ducat, Crowne,Imaginarie and reall coyne. or any other imaginarie or reall coyne, giuing alwaies value for value, and receiuing the like, which is called Par. But this course of Exchange being of late yeares abused, and (as it were) made a merchandise,Par of Exchange. doth ouerrule the course of Commodities and Moneys by rising and falling in price, according to plentie and scarcitie of Money, and in regard of discrepaunce and distance of time and place: which made some Merchants (by mistaking) to compare the course of Commodities and Exchange to be a like; as if the measure of a thing, and the thing measured thereby [Page] were alone. For euen as money is Publica Mensura, or the publike measures within the Realme betweene man and man:Exchange the the publike measure of nations, &c. so is Exchange for moneys, the publike measure betweene vs and forraine countries for all commodities bought and sold, which therefore requireth a certaintie in the calculation of the Par aforesaid, admitting neuerthelesse an aduantage aboue the same, vpon occasions on either side.

This Exchange is properly made by Bills,The manner of the Royall Exchange. when money is deliuered simply here in England, and Bills receiued for the same, to haue the payment thereof in some other countrey beyond the Seas, or when the like is done beyond the Seas, and the money is receiued here in England, and that vpon a certaine price agreed vpon between partie and partie, which is termed the price of Exchange, whereof Merchants haue the onely and whole disposing, and buy and sell their commodities beyond the Seas accordingly: without that few or none of them doe looke into the nature of Exchange, as aforesaid, but only to the present obiect, which is, to know how the price of Exchange goeth at the time when they haue occasion to deale therewith: howbeit such Merchants as neuer or seldome deale for commodities, but altogether for money by Exchange haue another obseruation therein; and Merchants that will be Exchangers indeed, must know perfectly the weight and finenesse of our English coyne, and of the forraine coyne also, and compare the same together to make the said calculation of Exchanges; wherein they are not to be directed by the valuation which is vncertaine and inconstant,Valuation of money beyond the Seas inconstant. much lesse by the tolleration of moneys beyond the Seas to goe currant aboue the said valuation; so that by authoritie they ought to bee gouerned and directed herein, declaring the true value for value, or Par pro Pari, as the verie foundation of all Exchanges: because this is not a fit studie for euerie Merchants capacitie, and may be done neuerthelesse with great facilitie, and without interruption of trafficke, as shall be declared.

But to come first to the particulars concerning weight, wee are to know, that in all places beyond the Seas,Weight of money in Exchanges. they vse for their moneys (both of Gold and Siluer) the marke weight of eight ounces, heretofore spoken of, with the diuision of twentie pennie weight, or twentie English, so called beyond the Seas, and the subdiuision of twentie and foure graines here, or thirtie two azes or graines there. These eight ounces compared vnto our pound weight Troy of twelue ounces, are within a little all one, ounce for ounce in weight. But vpon the pound of twelue ounces, as aforesaid, which is one marke and a halfe marke weight of theirs, it is found that in the said proportion of a pound, our weight is heauier than the weight of Germanie and the Lowcountries by three pennie weight; and than the weight of France, Italy, Spaine, and Scotland, by foure pennie weight; all which may be considered in the price of Exchanges, in allowing more or lesse for the Par according as the foundation of the Exchange lyeth, either vpon our twentie Shillings sterling, or vpon their Crowne, Ducat, Doller, Florin, or other coyne, which is properly the head or Radix [Page]Cambij, The head of Exchanges, or Radix Cambij. whereupon Exchanges were made. This weight is to bee considered in the weight of the peece of coyne, and from the peeces to the number of them in the marke or pound weight aforesaid.

Concerning the finenesse of moneys to be calculated in Exchange, the same is knowne by weight,Finenesse of money in Exchanges. for it must bee distinguished thereby; that is to say, We ought to know how much fine Siluer or fine Gold there is in the marke or pound weight, of the sundrie coynes of the seuerall standards of moneys of all Countreys, where Exchanges are vsed betweene vs and them: and to calculate the same vpon the pound sterling for some places, or vpon the Crowne, Ducat, Doller, Florin, and other imaginarie coynes for other places, to the end wee may haue finenesse answered by weight.

To vnderstand the premisses, let vs suppose that a Merchant stranger commeth into the Realm, and bringeth with him many vnknowne and strange coynes, to haue the coyne of the Realme for it, according to value for value by weight and finenes, and that the said Merchant (hauing weighed the said coynes) hath a sufficient knowledge of the quantitie of fine Siluer and Gold which is contained in the said weight,The manner to examine the weight and finenesse of money. and his desire is to haue the same answered vnto him by the like weight, and by the like finenesse in weight in moneys of this Kingdome. Herein (no doubt) he will be assured, what finenesse or fine Siluer and Gold there is in our moneys, and that he may haue the same by weight in the said quantitie of coynes, whereupon (after the weight of our moneys) hee will calculate distinctly what quantitie of Siluer and Gold there is in the said moneys, and what quantitie of Copper, and so will require the full quantitie both of the Siluer and Gold, and of the Copper accordingly. So is it with the matter of Exchange, grounded vpon the verie value of coynes, if there were no valuation whereby the price of coynes is baptized and receiueth a name, which giueth a denomination of price vnto the said coynes, or vnto the Exchanges of the said coynes, which in the manner aforesaid maketh the said price of Exchange.

But so long as the calculation remaineth vpon weight and finenes, without respect had to the valuation;Definition of Bullion and Allay. so long may wee esteeme the said coynes to bee in the nature of Materialls or Bullion; that is to say, Prohibited moneys to bee currant, which forraine Nations call Bullion, as it were vnlawfull and sit to be molten down, from whence the word Bullion is deriued, or which other nations call to be Materialls, or Masse of Gold and Siluer, euen as Copper is called Allay or mixture thereunto.

Valuation of moneys in Exchange.Concerning the Valuation of moneys, wee haue alreadie in the Second Part intreated thereof, compendiously and substantially: so that in this place we are to obserue the denomination, which giueth a rate or price vnto Exchanges,Proportion between Gold and Siluer in Exchanges made in England. euen as it doth vnto the seuerall Species of money in their kind.

Concerning the proportion betweene the Gold and Siluer in the said Exchanges wee are to obserue. That when the proportion betweene [Page] the Gold and Siluer was 12 to one, or one pound of Siluer to an ounce of Gold (which is now 13 ½ to one;) then the ensuing calculation in Exchange was true, namely, to account eight Carrats of fine Gold, or foure ounces of fine Siluer for twentie shillings sterling, reseruing in the said rate a reasonable gaine for the Merchants towards their gaines and charges. But now that the said proportion is altered, and that thirteene ounces and ⅓ part, or foure pennie weight is appointed to be giuen for one ounce; of necessitie it followeth that the Siluer is vnderualued, and the Gold aduanced: so that in matter of Exchange there ariseth a twofold consideration, the one to bee established in Par, according to the Gold coynes, and the other after the Siluer coynes. And this measure of Exchange betweene vs and forraine Nations is verie tender and delicate; yet Merchants occasions in the course of trafficke, doe exceed the said limitation vpon plentie or scarsitie of money, and the many deliuerers or takers vp of the said moneys according thereunto, which is proper to confirme the mutabilitie of Exchanging aboue the said Par, but neuer vnder the same: for it is like vnto the Needle of the Compasse, which hath beene touched vpon the fixed 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.

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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.

[Page]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, [Page] 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 sterlingAt 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 lubish, of twelue pence to the shilling; Exchanges for London vpon twentie shillings sterling, and for other places vpon the rickx doller before mentioned of thirtie and three shillings, now by them inhaunced to fiftie and foure shillings lubish, or so many stiuers Flemish.

In Pomerania they reckon by markes of sixteen shillings snudens, and the Exchange is vpon the rickx doller of thirtie and two shillings of two snudens.

Eight markes a doller.In Sweden they reckon by markes, whereof eight make a doller, whereupon they Exchange, and two markes make a Clipping of 9 ½ stiuers.

In Denmarke vpon markes of sixteene shillings; Exchange vpon the doller.

Polish guilders of 30 grosses.In Dansieke they keepe their account in Polish guilders of thirtie grosses, euerie guilder of eighteene pence to a grosse. They buy with the great marke of sixtie grosses, or the little marke of fifteene grosse, also by Scoc of three great markes; and they Exchange vpon the florin Polish, or vpon the pound Flemish, payable at foureteene daies, and also one moneth.

Florins Polish of 18 farthingsAt Riga they buy by dollers or florins Polish of eighteene farthings, whereof the eleuen make ten dollers: but their Exchanges is made vpon the rickx doller.

The accounts in Barbarie are kept, and commodities are sold by a ducat of ten ounces to the ducat, and 8 eights to the ounce, valued at twelue pence sterling.

In Poland their accounts are made by markes, and the Exchanges vpon the doller,Florins of 48 shillings. and also vpon the florin of fortie and eight shillings, the marke being; part of it.

In Russia they haue small coynes of eleuen ounces fifteene pennie weight fine, called Dengen, whereof three hundreth and twentie peeces weigh but a marke of eight ounces. They Exchange vpon the doller of Germanie: but for London vpon their roble, which is double ducat,Roble or mark double ducat, accounted to be a marke sterling, or thirteen shillings foure pence.

Ducat Di Camera.At Rome they keepe their accounts by ducats Di Camera of thirteene Iulie euerie ducat, which they diuide in twentie shillings, and euery shilling 12 pence. Their Exchange is also made vpon the said [Page] ducat de Camera, which for Lyons are made payable in markes D'or, or of gold, so called, but are imaginarie.

At Millaine, they keepe their Accounts by ducat imperial,Ducat imperiall. diuided by twentie shillings and twelue pence, and their Exchanges are made also vpon the said ducat, accounting eightie shillings to the ducat imperiall. But all their buyings are made by a ducat currant of one hundreth and twentie shillings.

At Venice they account by pounds Flemish,Ducat di Banes of tenne ducats of twentie and foure grosse, which they diuide in twentie shillings and twelue pence, also by the ducat of one hundreth twentie and foure shillings, called Ducato di Banco, or currant, and thereupon Exchanges are made.

At Florence they account by crownes of twentie shillings,Ducat Largo, or Scripto in banco. and twelue pence to the shilling, or by a ducat called Largo, or scripto in banco for Exchanges. Florin is twentie and foure Quatrinij.

At Genoa,Crownes of 60 shillings. all Accounts and Exchanges are made by crowns of sixtie shillings, diuided by twentie shillings and twelue pence; and here are aboue fifteene Bankes or Exchangers.

At Verona the Exchange is made vpon the Ducat of ninetie three shillings, and they make their accounts by twentie shillings,Ducat of 93 shillings. and twelue pence to the shilling.

At Luca Exchanges are made for diuers places in Italie; and for Lyons vpon the ducat.

At Naples, they account by ducats, taries, and graines,Ducat of ten Carlini. the ducat ten carlini, tarie is two carlini or two royalls; and Exchanges are made hereupon for the most places of Italie. But for Lyons, they Exchange by number, as one hundreth twentie and fiue ducats for one hundreth crownes.

In Calabria, Puglia, Exchanges are made vpon the said ducat of ten carlini.

At Ancona exchange is made vpon the ducat of twentie and one grosse, which is in specie twentie and three grosse,Ducat of 21 grosse. and is also foureteen carlini, of six Bollidini for a carline.

At Bolognia they account by Piastra or pound of twentie Bolognesi: the Exchange is vpon the ducat of foure Piastri.Piastra or pound.

At Palermo in Sisilia the ducat is thirteene tarie, of two carlini the tarie.

The fiue royals of Spaine are sixe tarie,Ducat of thirteene tarie. they account by ounces of thirtie tarie to twentie graines, euerie tarie and euerie graine of sixe piccolie, and their Exchanges are made vpon florines of six tarij.

At Lyons in Fraunce, all their accounts by an edict made in the yeare 1577 are to be kept in French crownes of sixtie soulz, or three pounds tournoys, and their Exchanges are made thereupon,Crownes of Exchange. vnlesse it be for some places in Italie, where they exchange for number, to haue so many ducats for so many crowns of the summe, but not in specie, which is altogether imaginarie, yet respecting value or Par.

[Page]At Paris, Roan, &c. their Accounts and Exchanges vpon the said crowne.

Ducat of 375 Maluedies.In Spaine, at Seuill, Madrill, and other places, their accounts are all kept by Maluedies, wherof three hundred seuentie and fiue are esteemed to make a ducat of exchange of eleuen ryalls, euerie ryall is thirtie and foure Maluedies, and so maketh but three hundreth seuentie and foure. Others keepe their accounts by ryalls of thirtie and foure Maluedyes in ryalls, as our English Merchants do, and their Exchanges are made vpon this imaginarie ducat of three hundreth seuentie and fiue Maluedies, to be payed in Banke, with fiue vpon the thousand, which is the sallarie of the Banker; or without the banke to be payed without the same.

Ducat de Peso or D'oro.In Castile, their Exchanges are also made vpon the ducat of three hundreth seuentie and fiue Maluedies, which they call in the Bill of Exchange Ducados d'oro, or de peso, to be paied out of the banke, is better by six or eight pro milliar.

Ducat of 12 Royalls.In the kingdome of Arragon, Barselona, Valensia, Saragossa, and Catalonia, the royall of plate is twentie and three dineros, and the ducat is twelue ryalls, whereupon they make their Exchanges: and their accounts are by twentie shillings and twelue pence for euery ducat of twelue royalls, as aforesaid.

Ducat or Crusat of 400 reas.At Lixborne they keepe their accounts by Mill Reas, whereof foure hundreth Reas make a ducat, alias Crusado. Mill Reas is twentie and two royalls of ten testons, euerie teston is one hundreth reas. There is also testons of foure vintains, the royall is two vintains, and the Exchange is made vpon the ducat of foure hundreth &c.

Sultanees of 120 aspers.In Turkie at Aleppo, Tripoli, and Constantinople, by Sultanees of one hundreth and twentie aspers, or dollers of eightie aspers, euerie asper is ten Macharines.

At Alexandria in Aegypt, they account by ducats. There is ducat de Pargo making three ducats of Venice,Ducat de Pargo. also Italian ducats of thirtie and fiue maids, and the Venice ducat is better, and maketh fortie maids.

Marke Scots.At Edenborough in Scotland, Exchanges are made vpon the marke peece of siluer, which is valued in England at 13 ½ pennie, being otherwise 13⅓ pennie, or thirteene shillings foure pence Scots: So one marke and a halfe Scots is twentie shillings Scots, and twentie pence sterling is one pound Scottish,Pound Scots. which is twelue to one. The 18 peeces of twentie shillings, is by the said Valuation twentie shillings three pence: and the Taker vp of the money at London, payeth for twelue pence the said marke of 13 ⅓ pence, at two or three moneths Time in Scotland, as they can agree.

Pound Irish.At Dublin in Ireland the fifteene shillings sterling, is one pound Irish of twentie shillings; whereupon Exchanges are made, with allowance of sixe pence or eight pence vpon euerie pound payable at London: and for want of a Mint no Bullion is imported thither, and Exchanges are diuerted into other parts.

[Page]At London all Exchanges are made vpon the pound sterling of twentie shillings, and twelue pence to the shilling, for Germanie,Pound sterling the Low-countreys, and other places of trafficke: and for France vpon the French Crowne: for Italy, and Spaine, and other places vpon the Ducat, or for the Doller and Florin in some places, according to the Custome of the place. Whereof more particularly is to be obserued in the course of Exchanges.

CHAP. IIII. Of the Times of Payment of Moneys by Exchange, and the Termes of Art vsed therein.

THE discrepance of Time for the payment of moneys by Exchange, hath a regard to the distance of the place or places where the money is to bee payed: wherein we may consider three kindes of diuersities, called by the Termes of Art in matter of Exchange; at Sight, Vsance, and double Vsance, or treble.

The taking and deliuering money at Sight,At Sight. bindeth the Taker vp of the moneys to giue his Bill of Exchange, directed vpon his friend Factor or Seruant in any place beyond the Seas, to pay vpon Sight of it, or within three, foure, or more dayes, so much money as hath been taken vp by him after such a rate the Pound, Doller, Ducat or Crown, as is agreed vpon betweene them in forraine coyne, either according to the Valuation of monies, or currant money for merchandise, which is more ordinarie, because Merchants will admit sometimes to receiue some coynes at a higher rate than they are valued, vpon occasion that some Species are required for transportation, or some other vse to make paiments;Policie of Estates. which tolleration is by authoritie many times suffered to draw moneys vnto their places of jurisdiction. Heerein is to be noted, That if the Bill be made payable at so many dayes Sight, that the number of dayes must bee expressed in the Bill or Bills; for commonly there are made three Bills of one Tenor for euerie summe of money taken vp, because if one Bill bee lost, the other may serue in place.

The second Time of payment called Vsance,At Vsance. which is either the Time of one moneth, two or three moneths after the date of the Bill [Page] of Exchange, as heereafter is declared, according to the Custome of the places where these Exchanges doe runne: according to which Time the partie (vpon whom the Bill of Exchange is directed) is to pay the same, vnlesse there be good cause to the contrarie, as shall appeare hereafter.

Double Vsance, and treble Vsance.The third Time of paiment, called double Vsance, is either two or more moneths, or alwayes double the Time of the Vsance, respecting by Custome the course thereof: and many times Exchanges are made vpon the halfe Vsance, which is fifteene dayes. But considering the wind and other hinderances, it is better to limit the dayes after Sight in the Bill of Exchange, and to send the same by Sea and Land with a Letter of Aduice, which the Taker of money commonly doth deliuer with the Bill of Exchange, whereunto the Bill maketh also relation, and treble Vsance is accordingly.

Payments in Faires or Marts.There is another Time for the paiment of Exchanges, where great payments are made, as in Faires or Marts, as at Madrill and Medina del Campo, by three Ferias in the yeare; at Lyons by foure payments yearely, and at Frankford twice euerie yeare, &c.

The difference of the times of payment, doe alter the price of Exchanges according to the Time, commonly after twelue, fifteene, or twentie in the hundreth by the yeare: So betweene the pound sterling Exchanged for the Low-countries at Sight and Vsance, is betweene foure and fiue pence, and double Vsance and Vsance, sixe or seuen pence, which ordinarily was accounted to bee but foure pence after 10 pro 100. But for the Faires and Marts it is verie vncertaine, because the payments are all at one Time, and the neerer the Faires are at hand,Consideration in Exchanges. the more shall the Taker vp of the money saue by paying lesse interest, because he hath not had the vse of the money from the beginning that Exchanges were made for the Faires, which in questionable matters is verie considerable.

Vsance from London to and from Middleborough, Amsterdam, Antuerpe, Bridges, and other places in the Low-countreys, is one moneths Time from the date of the Bill of Exchange; and double Vsance is two moneths.

Vsance for Hamborough is two moneths, and for Venice three moneths.

Vsance from Antuerp to Rome, is two moneths; and from Lyons to Rome one moneth.

Vsance from Antuerp to Venice is two moneths, to bee payed in Banke.

Vsance at Florence is two moneths; and from Florence to London three moneths.

Vsance from Genoa to Rome and Naples, is ten dayes Sight; and for Palermo and Antuerp is two moneths by ordinarie obseruation, and so is Luca:

From Naples to Antuerp is two monethes; and the like for Palermo.

[Page]Vsance for Roan and Paris is one moneth, but commonly at three weekes Sight.

From Antuerp and London to Seuill is two moneths.

Castile payments are in three Bankes, and Ferias de Villalon, Medina del Campo and Medina del Rio Sicco; but many times prolonged by the King of Spaine.

Vsance from Lixborne to London and Antuerp is two moneths, which Merchants are to know, because the Bills of Exchanges doe not declare the same.

CHAP. V. Of the Nature of Bills of Exchanges.

THE Nature of a Bill of Exchange, is so noble and excelling all other dealings betweene Merchants, that the proceedings therein are extraordinarie and singular, and not subiect to any prescription by Law or otherwise; but meerely subsisting of a reuerend Custome vsed and solemnized concerning the same. For the better declaration whereof, let vs set downe the forme of a Bill of Exchange from London to Amsterdam, and from Amsterdam to London againe, viz.

Laus Deo; Adi 20 August 1622, in London—500 ll, 34 ss 6 d.

AT Vsance pay by this my first Bill of Exchange vnto A. B. the summe of fiue hundreth pounds sterling, at thirtie foure shillings and sixe pence Flemish, for euerie pound sterling Currant money in merchandise, for the value hereof receiued by me of C.D. and put it to account, as per aduice, A Dio, &c.

G.M.

On the Backeside is endorse: To my louing friend, Master W.C. Merchant at Amsterdam, Pa.

This is the forme of a Bill of Exchange for moneys deliuered and taken vp at London for Amsterdam: the second Bill doth differ in the addition of these words onely, At Venice not hauing payed by [Page] my first Bill, pay by this my second Bill, and so in the third Bill: For there are commonly three Bils made, as aforesaid.

Laus Deo; Adj 20 of September 1622 in Amsterdam—100 ll at 33 ss 6 d.

AT Vsance pay this my first Bill of Exchange vnto W. M. the summe of one hundreth pounds lawfull money of England; for the value here by me receiued of D. H. make him good payment and put it to your account: God keepe you.

Subscribed. W.C.

On the Backeside is endorsed: To my louing friend, Master G.M. Merchant at London, Pa.

1 This is the forme of a Bill of Exchange for moneys, taken vp at Amsterdam to be payed in London, wherein the Time of payment may bee made at Sight, or so many dayes after Sight, or at double Vsance, according to the agreement: or the Bill may bee directed to my seruant, or to himselfe or any other: or it may say, Put it to the account of such a man. But the best is to referre it to the Letter of Aduice, and where the first Bill is noted Pa. the second must be 2a. and the third 3a.

You may not say in the Bill, It may please you to pay, or I pray you to pay (although it were to your Master;) for the Bill (of his high Nature) doth carrie with it a Command without respect of persons, and most men will not vse the words (Make him good Payment) but the fewer words the more formall; neither is there any witnesse vnto it, nor any seale, but a small peece of paper of some two fingers broad: and the Letter of Aduice doth declare for whose account, or to what intent or purpose the said money is taken vp; which Letter of Aduice, doth accompanie the Bill of Exchange with the like inscription, with the words De aduiso.

Also for moneys here deliuered (where the ground of Exchange is of the twentie shillings whereupon the Exchange is made) you may not expresse what the sterling money maketh in Flemish money; not so much for that by miscasting you might make your selfe lyable, as for that it is not mannerly to cast vp another mans account: neither may you make a Bill of Exchange payable to the bearer or bringer thereof (as you make your Bills Obligatorie beyond the Seas) to auoid the inconuenience which might happen in derogation of the noblenesse of the said Bill of Exchange,Although now vsed, or abused. which euerie Merchant is to maintaine. All other Billes of Exchanges for Germanie, Spaine, Italy, France, the Low-countreys, Portugall, or any other places betweene them, to and from place to place, doe not differ in the forme, but in the manner of the moneys to be payed in Banke, or out of the Banke, or in such a Faire or Mart, at such times and in such moneys according to the Countreys.

[Page]2 The Bankers and diuers Italians haue a custome,Rare customes in Bills of Exchanges. that for the moneys taken by them, or for their companie, or any other, one of their seruants doth make the Bills of Exchange, and he subscribeth the name of him, or of the Companie for whom it was taken vp: and the master he doth write vnder the said Bill Pagate come si dice, that is to say, Pay as it is said; and this goeth as currant amongst Merchants as any other Bill made by the parties owne hand, and all proceedings thereupon are done accordingly.

3 They haue also an ordinarie custome to transferre and put ouer their Bills of Exchanges before they are made, vnto any other person, as for example.

One in Antuerpe doth deliuer by Exchange fiue hundreth pounds sterling, to be paied here in London vnto another Merchant there, who is to make him a Bill of Exchange for the same: afterwards within two or three daies this deliuerer of money hath occasion to take vp fiue hundreth pounds for London, and hauing taken the same of another Merchant, he is to make him also a Bill of Exchange for this money, as the other Merchant was to make him for the fiue hundreth pounds which he did deliuer him by Exchange for London, as aforesaid. Hereupon he knowing the name of the partie in London to whom the other mans money was to be made payable, caused the Bill of Exchange to be made payable to the said partie, as he should haue done with his owne proper Bill of Exchange; and whereas the value should be mentioned to be receiued of the second man, that did deliuer him the money, he causeth both of them to be named in the Bill, and sometimes three or foure are named in the said Bill (if it be so often rechanged) by saying, For the value receiued of such a man for such a man and such a man, vpon the account of such a man. This is good at all assaies, for the reuerence which is borne to Bills of Exchanges, and by these meanes there is charges and factoridge saued between the parties: besides the commodiousnesse, that one man doth writ and send this Bill of Exchange for all those that did change and rechange there the said money, which is not done all in one summe, and with one Bill of Exchange; but the summe may be made vp by many Bills of Exchange payable all to that man, although it be by diuers persons: such and the like courses are dayly vsed and practised beyond the seas without interruption in matter of Exchange, which may seeme to be intricate.

This course of dealing is altogether strange to the common laws of England, and cannot be determined thereby. For whereas (with the aduice of Merchants) some matters vpon Bills of Exchanges haue beene tried vpon an Action of Assumpsit, here is neither consideration nor Assumpsit to be proued, vnlesse the Bill had beene accepted, wherein are many obseruations.

To make this more apparant therefore, let vs illustrate this by example. Peter deliuereth fiue hundreth pounds to Iohn, who is to giue the Bill of Exchange for it; Peter taketh vp fiue hundreth pounds of [Page] William, and may giue him the said Bill of Iohn for it; William taketh vp fiue hundreth pounds of Nicholas, and may deliuer Iohn and Peters Bill for it; Nicholas taketh vp fiue hundreth pounds of Francis, & doth giue him the Bill of Iohn, making mention of Peter and William. Here are foure takers vp of money, and but effectually one deliuerer of money, which is Francis: for albeit that Peter was the first deliuerer of the fiue hundreth pounds, he became a taker againe of the said money, receiuing the same of William; so that gradatim, Iohn is the first taker vp of the said fiue hundreth pounds, Peter is the second taker vp, William is the third taker vp, and Nicholas is the fourth taker vp of the said fiue hundreth pounds of Francis. To this Francis is the Bill of Exchange giuen, payable to his friend, factor, or seruant in the place for which the money was taken vp. But the said Bill is made by Iohn the first taker vp of the said money, declaring that the value of it was receiued of Peter for William and for Nicholas vpon the account of Francis, which is the last deliuerer of the money: which Bill being payed, all the parties in this Exchange are satisfied and paied; and this is done with great facilitie.

4 There is also a custome, that moneys are taken by Exchange for a certaine place, by men who are not generally knowne, and therefore must vse the credit of another man, as a third person in the Exchange. If this man do subscribe his name to the third or second Bill of Exchange, it is sufficient, and will be duely performed accordingly.

5 It is also ordinarie, that a master to draw money from his seruant into his owne hands, or a merchant in the like case from his factor, will make a Bill of Exchange payable to some other person, and say in the Bill of Exchange, For the value receiued of such a one, naming a friend of his, as he taketh the said person to be; if the seruant or factor do accept this Bill, he will be made to pay it; and if this person whose name hath beene vsed will deale vniustly, the master or merchant shall be remedilesse, vnlesse he haue some collaterall writing for the same, because the Bill of Exchange must be maintained.

6 Againe if a knowne seruant do take vp moneys beyond the seas, vpon his master, and giue his Bill of Exchange for it vpon the said master, the master is liable to pay the same, although he did not accept the Bill of Exchange; for it is vnderstood, that by his credit (and not by the seruants credit) the money hath beene taken vp; so that vntill he make a publicke declaration, denouncing his seruant to the Brokers of Exchanges and otherwise, the master is to pay all by the Custome of Merchants to be kept inuiolable.

7 There is also a custome, that a master vnto his seruant, or one friend vnto another, will send Bills of Exchanges, with the names in blanke, from one countrie into another, as from Hamborough to Embden, or from Antuerpe to Amsterdam, and from thence to Dansicke: and at Amsterdam the names are put in to whom to be [Page] payed, and of whom receiued; and this dependeth vpon the credit of him that made the Bill of Exchange, and this is also accomplished verie orderly.

8 Againe a Merchant may take by Exchange (in another mans name, or in his owne name and another mans name together) money to be paied in any place where Exchange is vsed, and subscribe his name, and that mans name, or that mans name alone: and this man (whose name is vsed) is liable and answerable to the said Exchange, if it be proued that it was done, or the like vsed to be done by that other partie with his consent or priuitie, for to auoid inconueniences in the course of Exchanges.

9 Nay this goeth yet further to be considered of in equitie and so adiudged, that if a man do take vp money for any place by Exchange posito, from London to Middleborough, and there the money is payed, and taken vp againe by Exchange for Antuerpe, and there it is also paied by money taken vp for Amsterdam, and at Amsterdam it is paied, for the said money was taken vp there againe for Middleborough, and at Middleborough it was againe returned and taken vp for London in one or more summes running in account betweene all these parties dealing therein; but here at London it is not paied, but goeth backe againe to Middleborough by Protest, and there the taker vp of it becommeth insoluent. Now if it be proued that those moneys were originally taken vp in London by the credit of that first taker, which hath beene a principall cause of the continuance of it by Exchange, this man of London is to be charged with it as well as the taker vp of the moneys beyond the seas. Thus may we see how tender and noble a Bill of Exchange is of nature, which by the proceeding thereupon will be made more apparant. (*⁎*)

[Page]

CHAP. VI. Of the Non-acceptation of Bills of Exchanges, and Customes obserued concerning the same.

THis high nature of a Bill of Exchange, requireth such precisenesse of proceedings to see the performance thereof, that euerie man ought to be verie vigilant to obserue the same: and therefore as soone as a Merchant receiueth a Bill of Exchange, whether it be payable at Sight, Vsance, or double Vsance, he is to present the said Bill of Exchange to the partie vpon whom it is directed, to know whether he will accept the same, which if he do, or promise (by writing vnder it the word Accepted,First obseruation. or with the addition of his name, Accepted by me A. B.) then the partie is to pay it at the time contained in the Bill: but if the said partie be not resolued to accept the same, then after twentie and foure houres past, it is conuenient to present him the said Bill with a Notarie to make intimation of it vnto him, and to know whether he will accept the same, as you did before: if he denie to accept it, then the Notarie doth Protest against him in words, that the Merchant doth intend to recouer all dammages which he, or the deliuerer of the money beyond the seas, or himselfe for others might or shall sustaine thereby, whereunto the partie needeth not to make any replie: but if he doe, and withall desire the Notarie to declare the same in the Notariall Act or Protest which he maketh for the Non-acceptation; then the Notarie is to put it down in writing accordingly, and to deliuer the same to the Merchant to be sent beyond the seas with all expedition, because the deliuerer of the money there may take notice of it, and secure himselfe of the partie, if there be cause, and in the sending of this Protest of Intimation. The opportunitie of the first Post is to be obserued to send the same by.

Second obseruation.If the Merchant to whom the Bill is payable were absent, or sicke, or departed this life; neuerthelesse any friend or seruant of his may cause this Protest to be made by the Notarie, who doth declare the name of him at whose request he doth present the said Bill of Exchange.

[Page]If the partie vnto whom the Bill of Exchange is directed bee absent or will not be found, the Notarie may proceed neuerthelesse,Third obseruation. and goe to his lodging or dwelling house, and leaue afterwardes the copie of the Protest with some of the house, or throw the same within doores, and keepe a note of it against the next time. But these Protests must be made at conuenient houres, neither too early in the morning or too late in the euening, neither vpon Sabbath dayes or Holy dayes, but (as it were) Sedente Curia, when any Courts of Iustice bee open.

Before the time of the payment of the said Bill,Fourth obseruation. the partie may notwithstanding accept the said Bill and pay it at the time; or another man may accept the Bill for the Honor of it, if you take that other man to be sufficient; wherein the danger is nothing, for all others remaine still answerable, and you haue one man more bound by the said his acceptation: which hee doth in these words, Accepted by mee A. B. for the Honor of the Bill.

If this man at the time, doth pay the said Bill of Exchange,Fifth obseruation. because the partie vpon whom it was directed doth not; yet hee is to make first before hee doe pay the same a Protest, with a declaration that hee hath payed the same for the Honor of the Bill of Exchange, whereby to receiue the money againe of him that had made the Bill of Exchange.

If a Bill of Exchange be accepted, and neuerthelesse not payed,Sixth obseruation. or that it be not accepted, as aforesaid, and remaineth vnpayed: then must you cause the Notarie to make a second Protest for the non payment of it, and therein declare that you pretend to recouer all damages, charges, and interests against the maker of the Bill, or any other interest in the said Exchange and Rechange, which must be declared in the said Protest by a sworne Broker of Exchanges, who giueth notice of the price of Exchange to the Notarie; and if there because or hope of payment, you may keepe this Protest two or three dayes in your hands without danger, or else send it away to bee recouered beyond the Seas of him that made the Bill of Exchange and tooke vp the money there.

But if this Bill were accepted here,Seuenth obseruation. then is it lawfull to demaund payment of it by Law or otherwise, both here and beyond the Seas at your pleasure vntill the Bill be satisfied; neither may the partie that made the Bill leaue it vnpaid (without discredit) vntill hee that hath accepted the same doe pay it or bee compelled thereunto by Law; for there must bee plaine and honest dealing in it both wayes: and if the partie that did accept the Bill, doe afterwardes breake before the time of payment, the giuer of the Bill, or any other whose credit hath beene vsed therein are still answerable for all.

There must be great regard had of the Letter of Aduice,Eighth obseruation. and the Bill of Exchange, and for what account the same is to bee payed before you accept the same: For if a Bill shall say, Put it to the account [Page] of such a man, and the Letter of Aduice vpon some occasion shall alter the same; you cannot safely pay this Bill of Exchange, but must declare the same by way of Protests, otherwise the Bill of Exchange may bee construed against you, if there bee differences in account, whereupon the matter may come in question.

Ninth obseruation.Againe, if a man doe accept a Bill of Exchange within himselfe, as being made payable to himselfe, and hee doth it vpon another (than either the Bill of Exchange or the Letter of Aduice doth signifie) hee must also make a Protest declaring the same, or hee shall pay it in his owne wrong by the Custome of Merchants.

Tenth obseruation.If a man doe pay a Bill of Exchange before it bee due, vnto one that doth breake afterwardes, hee shall bee compelled to pay the same againe vnto the deliuerer of the money, in whose power it is to diuert the payment, or to cause the Bill to bee altered and made payable to another during all the time of the payment.

Eleuenth obseruation.If a Bill of Exchange be intercepted by any meanes, and taken from the Post that should haue brought the same, and the partie to whom the Bill is payable hauing aduice of it by other Letters, doth come to him vpon whom the said Bill was directed, and desireth his promise of acceptation, without that the Bill is shewed him, and afterwards doth pay him the same accordingly, without taking any Bill of Exchange for it; this payment is not good nor lawfull by the Custome of Merchants, and the deliuerer of the money beyond the Seas will recouer it of you againe.

Twelfth obseruation.If Protest of non payment be made of a Bill of Exchange, which hath beene set ouer or transferred to many persons, as in the case before declared, where Francis was the last deliuerer: then all the parties interressed in that Exchange are answerable for it, insomuch that Peter who was the first deliuerer of the money, and afterwardes became a taker, doth beare aduenture of all vntill the Bill bee payed, and so doe all the other takers named in the Bill. As for example, Francis the partie who tooke this Bill, as being deliuerer of it at last must goe a retrograde course heerein, if Iohn who made the Bill and was the first taker vp doe not pay the same: Francis then seeketh Nicholas, Nicholas seeketh William, William seeketh Peter, and Peter seeketh Iohn, the first taker of the money of him. Suppose Iohn is broken, then hee goeth to Peter; If Peter broken, then to William; if William broken, then to Nicholas; if Nicholas broken, then all is lost. So that all of them are answerable to this Bill, as abouesaid.

These twelue obseruations, are to be kept and maintained by the Custome of Merchants, concerning Bills of Exchanges, as carefully and seriously as the Romanes did their Law of twelue Tables so much celebrated by them.

[Page]There happened of late a case worthy the consideration for matter of Exchange:A case about Bills of Exchanges which were accepted. A Merchant of Antuerp being indebted vnto another Merchant there, did deliuer seuerall Bills of Exchanges for the summe of 800 ll vpon a Merchant in London, who did accept all the said Bils of Exchanges, which were payable at Vsance and double Vsance; after this the Merchant that gaue the said Bills in Antuerp to the other Merchant, did breake: heereupon the Merchant at London (repenting himselfe to haue accepted the said Bills) maketh Intimation by a Notarie to the parties to whom the Bills were paiable, that hee did not intend to pay the said Bills, because the partie broken in Antuerp had not receiued the value of the money of the other Merchant there; although the Bills of Exchanges did acknowledge the receit, for the Bills were giuen vpon accounts betweene them, which were to be made vp, and hee was not to cleere their accounts, and the partie broken did owe vnto him farre greater summes. The parties at London answered the Notarie, that they looked to bee payed according to the acceptation of the Bills of Exchanges, and for other matters they had nothing to doe therewith. Interim, the partie at London who had accepted the Bills dyed, and so all the Bills returned Protested, and the matter rested vndetermined: but the opinion of other Merchants and my owne is, That the acceptor of the Bills was to pay them, and his heires and executors are lyable thereunto, vnlesse there were found an apparant combination and practise in it betweene the two Merchants of Antuerp, as was by many suspected. Thus much concerning the obseruations of Exchanges.

CHAP. VII. Of Notaries, Intimations, and Protests.

THE Intimations of Notaries well and orderly made, may be called to be true Probation of the Originalls in the Courts of Law and Equitie, whereby the better foundation may bee laid in all litigious causes, which take their feeling beginning of a wrong done,The time of Intimations and Protests. whereof Intimations are a manifestation, and Protests (as being more sensible) are meanes of the redresse thereof: both these haue a tripartite reference in the course of trafficke to Commodities, Money, and Exchange of Money by Bills of Exchanges, [Page] according to which wee are to make our declaration, obseruing first and formost that the time to make the said Intimations and Protests must bee obserued, both for dayes and houres, as hath beene noted; for the houres conuenient, are when the actions of men are publikely done in the day time, neither too early nor too late, but (as it were) at such time as matters are ordinarily heard in judiciall Courts, wherein the Sabbath dayes and Holy-dayes are excepted, which they are likewise to obserue.

Commodities to be deliuered by a day.For commodities bought or sold, to be deliuered at or before such a day, it is not sufficient to make Intimation and to tender the commodities before the day; but it must also bee done vpon the last day, and to take witnesse of it: and if the commodities be not of the goodnesse that they ought to be by the contract or bargaine made, and neuerthelesse for some causes you doe not hold conuenient to refuse them; let there be made a Notariall Instrument or Act concerning the defectiuenesse of the commodities, with a protestation of your intention to recouer all your damages and losses sustained or like to be sustained thereby, which will be verie auailable vnto you vpon all occasions. This is much obserued beyond the Seas, especially vpon the ladings of Ships which are to take in the same, or else may incurre a further danger vnto the Charter-partie of fraightment. And whereas the master of the ship will make a Protest against you, if his lading be not readie at the day appointed or agreed vpon, so is it reasonable, that you make the like. Protest against the partie that sold you the commoditie to be deliuered at such a day: and if it doe fall out that you haue committed the like fault, and thereupon a Protest is made against you, and the Notarie will craue your answere, to be recorded, that thereupon at conuenient time some aduantage may be taken against you, (the not answering being taken to be discourteous or bruitish) the ordinarie answere is, Video & taceo, or, I do heare and see; which words the Notarie doth insert in his Act, Intimation, or Protest.

Moneys payable by Bonds or Specialties.If Intimations, Protests, or Witnesses bee made concerning the receit and payments of moneys vpon Bonds, or other euidences limited to a day, you are then to obserue the last houre of the day and to tender, or to attend for moneys to bee payed or to be receiued vntill Sunne set, at the place where the same is to be paied, and commonly stay there one houre after Sunne set with witnesses: and if the house, lodging, or place be shut vp, make your tender or demaund vpon the threshold of the doore, but the money must be told euen, and then put vp again into the bags, and to take notice and witnesses of it, vnder their hand writing of the day and houre when the money was tendred; or on the other side when it was demanded. But this last is in case when moneys are made paiable vpon reasonable demand.Money paiable vpon reasonable demand. For albeit that moneys simply acknowledged to bee owing by Bill or Bond, without limitation of time for the payment, are taken to bee due ipso facto, that is as soone [Page] as you did vnderwrite the said Bill or Bond: yet ciuilitie requireth a kind of Intimation and demaund, which is the reason that by the Ciuile Law, although a Bill haue a time limited for the payment, yet if the same be thirtie yeares old, and hath beene neuer demaunded, it is void of course, and cannot be recouered by that law. And Bills made vpon reasonable demaund, if they be not demanded in seuen yeares, which is accounted for the life of man, it is void also; for there must be a determinate course in all things, or a continuance by way of reuiuer: therefore lands holden in quiet possession for the space of sixtie yeares, is a perpetuall inheritance by the said Law.

If moneys payable vpon the forfeiture of a bond,Moneys taken which were payable vpon a forfeiture. haue beene taken, or robbed vpon the high way, or otherwise, whereby the bond could not be paied vpon the day, yet is it necessarie to make Intimation of it, at the place where the same was to be paied, to auoid all such aduantages as may be taken thereupon, vpon the redemption of Lands or Leases, Iewels, or any other commodities, wherein the Courts of Equitie will relieue a man hereupon the sooner; for it is a demonstration of a good will and intention preuented by such a mischieuous accident; ‘Et si desint vires, tamen est laudanda voluntas.’

Concerning Intimations and Protests to be made vpon Bills of Exchanges, for the non-acceptation of payment; it is to be noted,For non-acceptation of Bill of Exchange. that the first Protest which is in the nature of Intimation, requireth more celeritie than the other: and albeit, that by custome the partie who is to accept the same hath twentie and foure houres respite to deliberate before he giueth his answere, neuerthelesse it is not good to lose any time in the making of the Protest of acceptation. For if there be no pregnant cause, the Protest may be left in the hands of the Notarie for a while; but your diligence cannot be discommended.

This Protest being made,For non-payment of a Bill of Exchange. and afterwards the Bill of Exchange becommeth due, the Notarie is the fittest man to demaund the payment, or to Protest, vnlesse the partie vpon whom the same is directed, do giue notice that he will pay the same, which done there is an end.

If a Bill of Exchange (by contrarie wind, or other occasions) be so long vpon the way, that the Vsance, or the time limited by the Bill be expired, and being presented to the partie for the payment, he will not pay the same, then the Notarie doth make the Protest, both for the non-acceptation, and for the non-payment, reciting the Bill of Exchange verbatim. And moreouer he calleth vnto him some sworne Broker of Exchange,The maner of payment of a Protested Bills. to know how the price of Exchange runneth at Vsance for the place where the money was taken vp, and he maketh of it a declaration in the Protest, according vnto which, it must [Page] be answered beyond the seas, with Change, Rechange, Brokeridge, and all Charges, which must be paied according vnto Vsance from London to the place aforesaid. As for example, Suppose the summe were one hundreth pounds sterling, taken vp at Amsterdam for London, payable at Vsance, which is one moneths time, at thirtie three shillings and eight Flemish money for one pound sterling; for which was receiued at Amsterdam, in that money, one hundreth sixtie and eight pounds, six shillings, and eight pence. The Bill not being paied heere, and the price of Exchange being certified by the Broker and the Notaries Protest, to be at thirtie foure shillings six pence from London to Amsterdam: Hereupon the account is cast vp at Amsterdam accordingly, which commeth to one hundreth seuentie and two pounds and ten shillings. Adde hereunto Brokeridge, and port of Letters here and at Amsterdam, and sometimes Factoridge, which is together one in the hundreth, which amounteth to thirtie and foure shillings; so he receiueth at Amsterdam one hundreth seuentie foure pounds and foure shillings for the payment of this Protested Bill, which is fiue pound seuenteene shillings foure pence more than hee had disbursed, which he payeth for the vse of the money for two moneths, and so for other Bills &c.

CHAP. VIII. Of Reciprocall and double Exchanges.

Reciprocall Exchange. THe like customs are obserued in all Reciprocal and Double Exchanges, made betweene Merchants for seueral places, without disbursing of any money on either side where the said Exchanges are made, but being meerely depending vpon the paiments to be made in forreine parts.

These Exchanges are either Positiue between the parties, or Accidentall. The Positiue Exchanges haue a certaine price agreed vpon betweene both parties,Positiue price of Exchange. Reciprocally Exchanging one with another: As for example, A. B. of London hath a continuall trade of Hamshire Kersies for Venice by the way of Germanie, and maketh his returne altogether by Exchange: C.D. of London also hath on the other side a continuall trade for Redding and Kentish colour Clothes for Antuerpe, where hauing made money [Page] of his clothes, he causeth the same to be made ouer by Exchange for Venice, to be imployed there in Organsine silke, or other commodities to be sent for London. These two Merchants (considering each others trade, and the aduenture of deliuering their moneys by Exchange to others beyond the seas, wherein they must trust their Factors or Seruants, or they must take vp the moneys by Exchange themselues with some disaduantage) do make an agreement and contract of Exchange betwene them, That A. B. shall cause from time to time for and during the terme of one yeare (all the moneys which he shall haue at Venice) to be deliuered to the Factor of C.D. at Venice: and the said C.D. shall cause in like manner all the moneys which he hath at Antuerpe to be deliuered to the Factor of A.B. at Antuerpe, who maketh ouer this money vnto him by Exchange, either directly for London, or for some other place, as Amsterdam or Hamborough, and so from thence for London,Obseruation of the course of Exchange for the most profit. according as he obserueth the course of Exchange to be most beneficiall for himselfe; or as the Factor (if he be judicious) shall obserue the same for him. By this agreement or contract, the said two Merchants do agree and conclude betweene them a set or Positiue price of Exchange, as well for Venice, as for Antuerpe, whereby the ducat of Venice shall be rated at so many pence Flemish for the money which is receiued at Antuerp, or the pound Flemish may be valued in sterling money after a rate, and the ducat of Venice likewise. And hereupon they do cleere their accounts betweene them once a yeare accordingly, which sometimes is done with allowance of interest for the di [...]crepance of time, if it be without Bills of Exchanges, and done only by Letters of Aduice, or Acquittances of receipts to reckon by, which is more vsuall in these Positiue Exchanges, where the price is agreed vpon in certaintie for such a time.

The Accidentall Reciprocall Exchanges on the contrarie are vncertaine in their price,Accidentall Exchanges in price. and alter from time to time as the course of Exchange runneth: As for example, A. B. calleth vnto him a Broker of Exchanges, and telleth him, that he hath occasion to take vp one thousand ducats for Venice, and that he is to make ouer the said money for Antuerpe, and will know the price for both places: the Broker answereth, that he will effect the same, and that the price of Venice is fiftie and six pence for the ducat, and for Antuerpe thirtie and three shillings Flemish for the pound sterling: and presently after he commeth to A.B. the Merchant againe, and telleth him, that C.D. the Merchant is contented to deliuer him the thousand ducats for Venice, and to take vp the same for him againe for Antuerpe either at the same prices, or thereabouts. These thousand ducats at fiftie six pence do amount to two hundreth thirtie and three pounds six shillings and eight pence sterling, for which C. D. giueth Bills of Exchanges for Antuerpe to be paied there at Vsance, which is one moneths time from the date of the Bills after the rate of thirtie three shillings Flemish for twenty shillings, or one pound sterling: and A.B. [Page] giueth his Bills of Exchanges Reciprocally to C. D. for the thousand ducats to be paied at Venice at Vsance, which is three moneths after the date of the said Bills: and here is no money paied on either side at London, and yet the Bills of Exchanges say the vsuall words (for the value receiued of each other) according to their agreement, and both parties send their Bills of Exchanges for the aforesaid places. Not long after, it falleth out, that the Bill of Exchange that C. D. gaue for Antuerpe commeth backe againe by Protest for the non-acceptation, and not long after that, another Protest for the non-payment of the said Bill. Hereupon A.B. commeth or sendeth to C. D. for to haue satisfaction for this Bill of Exchange deliuered him for Antuerpe, and C. D. giueth him full satisfaction of it, with the rechange and charges according to the said customes, if he be a substantiall man of credit and reputation: for although the said C. D. was the first deliuerer of the money vnto A. B. by the thousand ducats for Venice, and might alleage that hee receiued no money of him, but a Bill of Exchange for Venice, whereof hee had no aduice whether it were accepted or not; yet such is the precise and commendable Custome vsed in Exchanges, that hee may not stand vpon any euasions or allegations, which might interrupt the said course without manifest discredit vnto him, vnlesse there were cause of doubt that the Bills of Exchanges of A. B. should not bee accomplished at Venice; neither may A. B. (without discredit) countermand the payment of the thousand Ducats at Venice, vnlesse there were iust cause to call the credit of C. D. in question. For the manner of these Exchanges are vsuall in all the places of great Exchanges, as Lyons, Bizanson, Madrill and Venice, where the most standing Bankes are, and where they doe get money ingeniously by the calculation vpon their payments at the Faires or Markets, by intermissiue times either twice or thrice within the yeare; in regard whereof, and to auoid this obseruation in that strictnesse, they haue vsed to say in their Bills of Exchanges, Per la Valuta Cambiata, for the value exchanged with such a one,The value of money exchanged. and not for the value receiued as aforesaid, because they make their paiments (as it were) all at one time, which is otherwise in those places where no Bankes are kept, or may be also in some of these places if the money be payable without the Banke, as we haue noted before.

Many Merchants trafficking onely in Exchanges become good obseruers, and as ingenious as the Bankers themselues, according to the Adage Fabricando fabri fimus, whereby they know the variation of their Compasse, and the points to direct their course by, obseruing the Accidentall causes of great payments of moneys to be made in some places, and of imployment to be made vpon commodities in some other places, or the scarcitie of money for some places, and the plentie for other places, or the generalitie of both, calling it as the Spaniards say La placa e [...]a larga lo estrecha, The exchange or place is streight or plentious; so that those Merchants (running with the [Page] streame) can make their Exchanges beneficiall vnto themselues, and that without Stocke or Capitall of their owne; but meerely by taking vp money for one place, and deliuering the same for another place, at an vndervalue in the price of Exchange: sending many times the moneys in specie, which haue beene taken vp by Exchange, when the same doth yeeld more than the price at which they tooke vp the same; as in our precedent Treatise hath beene declared more amplie.

This orderly course of payment or satisfaction to be made for Bills of Exchanges, doth admit no rescounter or stoppage, but voluntarie,Rescounter in Exchange is voluntarie. that is to say, If I owe you one hundreth pounds by a Bill of Exchange by mee accepted, and within three or foure dayes you shall owe mee the like hundreth pounds for another Bill of Exchange by you accepted; I cannot rescounter these payments to answere each other, vnlesse you condescend thereunto, although the money were due to be payed; but euerie Bill of Exchange is to bee answered and payed in his proper nature. For let vs suppose that some countermand be made by him that caused this money to be made ouer vnto you, before you were to pay the said Bill, which (for some causes) you are to conceale for a time, you are for all that to be payed of your hundreth pounds, or the diligences which are requisite to bee done herein, are both wayes to be obserued accordingly. But when it is done by voluntarie consent and agreement, then is it questionlesse; for Voluntas est mensura actionum, Will doth regulate actions, &c. The Will doth regulate the Action: and if any Factor doe the same for another mans account without commission, he shall be answerable for it, as before is declared in the Title of Factors and Seruants, and the Commissions giuen vnto them.

For the better explanation of Exchanges for moneys, taken vp for one place, and deliuered againe for another place, let vs obserue this example.

Tenne thousand Ducats were taken vp at Antuerp for Venice, at Vsance of two moneths at seuerall prices of 113 ½ pence, 114 pence, and 115 ½ pence for the Ducat, being the Medium or one with another at 115 pence, made Flemish money
R. 4791
13
4

These R. 4791—13—4,

Example of Exchanges and Rechanges of moneys.

were made ouer for London at Vsance being one moneth, at diuers prices, whereof the Medium was 32 shillings foure pence, and made
2875 ll
0 ss
0 d

These R. 2875 sterling being receiued, and Factoridge, Brokeridge, and port of letters deducted, remained 2860 ll, which were made ouer for Antuerp againe at seuerall prices, and the Medium was 34 ss 2 ½ d.
4894 ll
15
10

The tenne thousand Ducats at Venice were taken vp for Frankford, at 130 Florins of 65 Creutzers, for 100 Ducats, wherunto Factoridge [Page] and Brokeridge added, it amounted to 13130 Dollers or Florins of sixtie fiue Creutzers, and with Brokeridge and Factoridge at Frankford was Florins
13260 Flo.
0 ss
0 d

The 4894—15—10 Flemish, receiued in Antuerp, were made ouer for Madrill in Spaine at diuers prices, whereof the Medium was 106 pence for a Ducat of 375 Maluedeis to bee payed in Banke at foure moneths time, with fiue vpon the thousand, and made Ducats
11132 Duc.
12 ss
6 d

These 11132 Ducats, twelue shillings six pence of a Ducat, were made ouer from Madrill to Lixborne in Portugall, and deducting Factoridge and Brokeridge there remained 11010 Ducats of 440 Reas for euerie Ducat of 375 Maluedeis, or 11 Ryalls, is 4844 U 620 Vlas and Ducats
12111 Duc.
11 ss
0 d

These 12111 Ducats or Crusats of Lixborne made ouer to Antuerp, Factoridge and Brokeridge deducted, remained 11990 Ducats, at 98 pence Flemish euerie Ducat or Crusat, was Flemish
R. 4895
18
4

The 13260 Florins of Frankford, taken vp for Antuerp at 81 pence
R. 4530
10
0

R. 365
8
4

These moneys payed Brokeridge and Factoridge for Venice, and deliuered for London, and for Madrill 38—2—4, which must be deducted
R. 38
2
4

So there was aduanced by industrie with other mens moneys
R. 327
6
0

CHAP. IX.

Of the Feats of Bankers performed by Exchanges.

WEE haue in the First Part of this Booke made a description of Bankes and Bankers, in regard of the payments and Exchanges made in Bankes, for commodities bought and sold; and hauing in the precedent Chapters declared the foure manner of Exchanges, and the merchandizing Exchange by denomination of it, to be the canker of Englands Common-wealth; let vs now intreat of the Feats of Bankers. Some [Page] men of iudgement haue found my writing to be inuectiue and patheticall against Bankers, wherein they are not mistaken.Bankes are incompatible in Commonweales. For the vse of Banke (vnlesse they bee countermined by other Bankes) are not to bee suffered in any well ordered Common-wealth, as time will manifest more and more. The French King Lewis the ninth, and Philip the Faire, did with great cause confiscate the Bankers goods, and for the discouerie of their debts, ordered their subiects to pay onely the principall money into their Treasuries. Philip de valois did the like, and indited them as Couseners of the Common-wealth; for it was found that in a short time,Bodin de Rep. with twentie foure thousand pounds sterling, they had accumulated and gotten aboue two millions foure hundreth thousand pounds.

Others (which through enuie, malice, or other passions, haue the eyes of their iudgement blinded) haue censured my writing to be Apologeticall; for the erection of a Banke, vnder the colour of the restauration of the auncient Office of the Kings Exchanger; which how absurd it is, let the wise iudge by the difference betweene a Banker and a Generall Exchanger.Difference between Banker and Exchange The Banker doth draw vnto him all the moneys of other men, making his small stocke to be infinite; and the Exchanger must with his owne stocke supply mens occasions. The Banker doth make the price of Exchanges, with the correspondence of other Bankes elsewhere at his pleasure and most aduantage: The Exchanger hath no correspondence with other Bankers, but with his Factors and Seruants is limited to deale honestly with all men.

But because it is difficult to please mens humours in the reformation of abuses, which either for gaine some would haue to continue, or others through ignorance doth not vnderstand: Therfore is there another meanes propounded, as you see by this discourse.

Now comming to the Feats of Bankers, it is not since yeasterday that the same haue beene obserued, much lesse by mee inuented: but in the yeare 1576, the wise and famous Councell of Queene Elizabeth caused the same to be examined by discreet persons, who did make report thereof, albeit they missed of the remedie, and they did distinguish the manner of Exchange to be threefold. viz.

For the Bankers priuate gaine and benefit.

TO lay their money with gaine in any place of the world where any Exchange lyeth.

To gaine and waxe rich, and neuer meddle with any Princes commodities.

To buy any Princes commoditie, and neuer bring pennie or pennieworth into the Realme, but doe it with the subiects money.

To grow rich and liue without aduenture at the Seas or trauaile.

[Page]To doe great feats, hauing credit, and yet to be nought worth.

To vnderstand whether in coniecture their money imployed on Exchange, or buying of wares, will be more profit.

To know certainely whether, and what the Merchants gaine vpon their wares they sell and buy.

To liue and increase vpon euerie Princes subiects that continually take vp money by Exchange, and whether they gaine or no.

☞To wind out euerie Princes treasure out of his Realme, whose subiects bring in more wares than they carrie out of the Realme.

To make the Staple of money run thither, where the rich Prince will haue it to be brought, and pay for it.

To vnfurnish the poore Prince of his prouision of money, that keepes his wares vpon interest money, if the enimie will seeke it.

To furnish their need of money that tarrie the selling of their wares in any contract, vntill they make them come to their price.

To take vp money to engrosse any commoditie, either new come or whereof they haue some store, to bring the whole trade of that commoditie into their owne hands to sell both at their pleasure.

For the aduancing of one Common-wealth, aboue all other Common-weales.

TO hide their carrying away of any Princes money.

To fetch away any Princes fine money, with his owne or any other Princes base money.

To take vp Princes base money, and to turne into his fine money; and to pay the deliuerer with his owne and gaine too.

To get vpon credit into their hands for a time all the Merchants money that will be deliuered; and pay them with their owne, and gaine too.

☞To make the Realme gaine of all other Realmes, whose subiects liue most by their owne commodities, and sell yearely the ouerplus into the world, and both occupie that increase yearely, and also their old store of treasure vpon Exchange.

To vndoe Realmes and Princes that looke not to their Commonwealth, [...] when the Merchants wealth in such, and the great houses of one Countrey conspire together so to rule the [...]xchange, that when they will be deliuerers, they will receiue in another place aboue the standard of the Mint of the Princes money deliuered: And when they will bee takers, they will pay the same in another place, vnder the standard of the Mint of the Princes money taken vp.

To get readie money to buy any thing that is offered cheape.

To compasse readie money to get any offered bargaine out of anothers hands, and so by outbidding the other, oftentimes to raise the wares.

[Page]

For the destruction of a Common-wealth.

TO get a part and sometimes all his gaines, that imployeth money taken vp by Exchanges in wares, and so make others trauell for their gaine.

To keepe Princes for hauing any Customes, Subsidies, or Taxes vpon their money, as they imploy it not.

To value iustly any wares they carrie into any countrie, by setting them at that value, as the money that bought them was then at by Exchange in the countrie whither they be carried.

For the better explanation of the premisses, let vs remember the description of a Banke heretofore declared,Payments in Banke limited. and therein obserue that great power and commaund which is giuen them by the commonwealth, to incorporate moneys by the meanes of Exchanges, making it to become a merchandise, and to ouerrule the course of commodities.

Some men are of opinion, that the price of Exchanges are made by an indifferent course, because the Bankers at the time of the payments of Exchanges in the principall places (as Lyons in France, Madrill and other places in Spaine, Florence and Genoa in Italie, Bizanson, and other places elsewhere) haue a meeting, and by certaine tickets in writing euerie man doth deliuer his opinion, what the price of Exchange ought to be for all places then exchanging for the next Faire, or time of payment. And according to the same the calculation is cast vp by the Medium, that is to say,Exchanges cast vp by the Medium. if there be seuen or more voices or tickets, the said seuen are added together, and the seuenth part is the Medium; if there be ten, then the same being cast vp, the tenth part is the Medium, and so for greater or lesser numbers accordingly. But these men are ignorant of the Bankers obseruations, for they all know how the plentie of money lyeth by Exchanges, and they concur in making the price for their aduantage, and so iumpe all to one end vpon the imaginarie moneys before declared, which maketh the maine ocean of Exchanges, wherein the Exchanges of England are swallowed vp as a little riuer or braunch of the same, taking still aduantage vpon our fine moneys and staple wares to glut vs with their forreine commodities at deere rates. And hence proceedeth the Primum mobile of Exchanges,Primum mobile of Exchanges. which is the cause of inequalitie so much abused from the true Exchange of par pro pari, and neuerthelesse admitted to be high and low vpon iust occasion aboue the same, as money is plentifull or scarce, or the takers of it many or few.

To this purpose, let vs remember, that about seuentie yeares past, betwene this realme and the Low-countries, many of their coynes (although much differing in standards) did in the pound or marke weight, and in the verie peece and price answere the coynes of the kingdome, and did containe as much fine gold and siluer as ours,Equall Exchange, or a true Par. and were also named and valued accordingly, whereby twentie shillings [Page] here made also twentie shillings with them, being a true Par.

As for example.

|  | ss |  | ss |
23 car. 3 ½ The angell at | 10 | The Emperors royall at | 10 | 22 car. fine.
22 car. The French crowne | 6 | The Flemish crowne | 6
|  | ss |  | ss |
11 oun. 2 pennie weight. | Ed. crown of siluer | 5 | The Philip doller | 5 | 10 ounces fine.
English shilling | 1 | Flemish six stiuers | 1
Ten groats siluer with the Emperors florin foure pence. | 3

All these coynes are not answered in standard for weight and finenesse, but are altered and inhanced by valuation to double and more, as you may find by the valuations heretofore declared: by meanes whereof inequalitie crept in by the rising and falling of the price of Exchange, wherin our Merchants haue followed the aduice of others, and lost the rule of Exchange,England lost the rule of Exchange. and do obserue to raise the price here, when it is risen beyond the seas, and we fall in price, as they do fall; and so the publicke measure of Exchange betweene them and vs is falsified and vntrue, whereby our commodities are sold, and also forreine commodities are bought.

This may be illustrated by a similitude; for concerning the sale of our commodities, we do as much in effect, as if some Draper did sell his cloth at a certaine price the yard, and suffered the buyer to measure out the same by the buyers owne false yard: or like a Grocer that selleth out his pepper by the pound at a price agreed vpon, and is contented that the buyer shall weigh it out by a weight which (vnknowne vnto him) is false, and so loseth vnawares, or getteth lesse than he made account of, because the fraud vsed in the weight and measure is vnknowne vnto him. Euen so is the cunning course of Exchange vnknowne vnto vs, and so are our moneys exported, and hindered to be imported againe. (*⁎*)

[Page]

CHAP. X. Of the true reformation of Exchanges.

AS of all things and in all humane actions, the beginning, progresse, continuance, and termination or end is to be obserued, for the better iudgement: so by comparing them often to their principle & originall, not onely the disgression of it is made apparant, but also the longer continuance in the same estate, is thereby procured to reduce them againe to their first integritie and goodnesse. For there was neuer any thing by the wit of man so well deuised, or so sure established, which in continuance of time hath not beene corrupted: so that the matter of Exchange being made a merchandise, requireth this consideration for the reducing thereof to his first principle and foundation, which is the intrinsique value of coynes of countrie and countries according to weight and finenesse, albeit the price thereof in Exchange doth rise and fall according to scarcitie or plentie of money, proceeding of the few or many deliuerers and takers thereof in the course of trafficke, not by commodities only, but also by Exchanges deuised vpon moneys, in nature of merchandise.

Herein are the three essentiall parts of trafficke (so often named) to be considered iointly and diuidedly for the good and welfare of common-weales,The generall benefit to be preferred &c. and not for the benefit of particular or few persons. For albeit that the generall is composed of the particular, yet it may fall out, that the particular will breed a great inconuenience to the generall, whereby priuate persons may reape a benefit to the hurt of a multitude, or the whole common-wealth, in nature of some Monopolies heretofore declared, which may as well happen by ignorance as by premeditated practise.

For to speake ingeniously, Merchants cannot enter into consideration of the quantitie of forreine commodities imported at deere rates, and the natiue commodities at lesser rates exported, respectiuely of former times; by the disportation whereof, commeth an euident ouerballancing of commodities. Merchants do not regard whether the moneys of a kingdome are vnderualued in Exchange [Page] by the inhauncing of forreine coyne in other countries, whereby our moneys are exported, and forreine coyne or bullion cannot be imported but at an exceeding losse. Lastly Merchants do not know the weight and finenesse of the moneys of each countrie, and the proportions obserued betweene gold and siluer, nor the seuerall differences of standards of moneys of gold and siluer, a matter so necessarie for them to know, to driue a profitable trade, as by this booke they may now vnderstand for the common good. Princes and Gouernours therefore are to direct them according to the lawes, wherin the Law-Merchant must be the true guide and directer.

This direction must as well be established vpon the coyne of other nations, as vpon the moneys of the kingdome, because the payments of Bills of Exchanges beyond the seas are made by seuerall coynes vpon the valuation made thereof, at the pleasure of Princes, wherby sometimes the moneys of the realme are not proportionably valued according to the moneys of other countries, which are therby diuerted also to be imported vnto vs: For example, let vs take the valuation aforesaid made in the vnited Prouinces during the gouernment of the Earle of Leicester, at which time the Royall of eight was valued at fortie and two stiuers, and the Rickx Doller of the Empire and also their owne Doller at fortie and fiue stiuers, and the English shilling (at twelue pence here) being there valued at ten stiuers made twentie shillings sterling, to be by Exchange thirtie three shillings and foure pence, as a Par pro pari, or value for value. The like for Hamborough at twentie foure shillings and nine pence, as hath beene noted. Now fiue Royalls of eight which is at fortie two stiuers thirtie fiue shillings, are valued at fortie two shillings and six pence, that is to say, at fiftie one stiuers, and yet the Exchange is taken still at the said 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 [Page] 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 [Page] 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 plentie the price thereof deare, or by scarsitie better cheape, as hath beene noted: but Exchange hath a contrarie meane of working, for plentie of money maketh a low Exchange, and scarsitie of money maketh a high Exchange and the price to rise, which is of great consideration; because it ouerruleth money and commodities, which neuer entred in the politicke studies of Aristotle, Seneca, or Cicero, who were but in the infancie of Trade. And Ciuilians can tell vs that Commercium, is quasi Commutatio Mercium, but went no further in this iust and princely studie of State affaires, to augment, by all lawfull meanes of Ius gentium, the wealth of their Kingdomes and Territories; as also to preuent the diminution thereof, by the carrying away of their moneys [Page] and treasure. True it is that the Statute Lawes of England haue had a care heereof, but the remedies haue beene hitherto defectiue, by mistaking the Efficient cause thereof: which remedies may be distinguished three manner of wayes.

1 First the Statute of imployment for Merchant strangers,Commodities made for three especiall causes: 1 For the aduancing of the price and sale of our natiue commodities: 2 To preuent the ouerballancing of forraine commodities: 3 To preserue the moneyes within the Realme. 14. R. 2.

2 The lodging of Merchants strangers with free hoasts, who had an inspection in their negotiations for commodities and moneys.

3 The keeping of Staples for Woolls, Woolfels, and other commodities beyond the Seas, with their Correctors and Brokers to register Merchant strangers dealings.

4 To cause Denizens to pay strangers Customes inwards and outwards.

5 The sundry treaties and conferences with the Commissioners of other Princes, about Merchandise, Moneys, and Exchanges.

6 The seuere Proclamations for the obseruation of the Statutes made for and concerning the same, and the Articles of Entercourse.

7 The prohibition to export commodities, but at great Ports.

8 The prohibition for strangers to sell wares by retaile.

9 The prohibition for English Merchants to ship goods in strange Bottomes.

10 The transportation of money made Felonie by Act of Parlement.Moneys▪

11 The attendance of Searchers, Waiters, and other Officers.

12 The strict information in the Exchequer and other Courts.

13 The swearing of the Masters of Ships, for exportation of moneyes.

14 The reformation of the ouerheauinesse of our pound weight Troy in the Tower.

15 The ouerrichnesse of our sterling standard of moneys.

16 The alteration of the proportion betweene Gold and Siluer.

17 The making of more prices out of the pound Troy by the Sheyre.

18 The inhauncing of Siluer and Gold Coynes in price.

19 The imbasing of moneys by Allay or Copper.

20 The vse of many standards of money, and reduced to two againe.

21 The increasing of coynage money to hinder the exportation.

22 The prohibition to cull out heauy peeces to melt or transport.

23 The banishing of light Spanish money, and Gold to bee molten.

24 The giuing more for Bullion in the Mint.

25 The prohibition for Goldsmiths to buy Gold or Bullion.

[Page]26 The making of the principall forraine Coyne currant in England.

27 The binding of Merchants to bring in Bullion.

28 The prohibition to pay Gold vnto Merchant strangers.

29 The prohibition to take gaines vpon Coynes.

30 The Bullion in the Mint to be deliuered by weight, to restore by tale.

31 The inhauncing of Gold and vndervaluing of Siluer.

32 The punishment of transporters in the Starre-chamber by Fines.

33 Exchange.The prohibition by Act of Parlement, to make Exchanges for moneys for forraine parts without the Kings especiall license.

34 Money deliuered to Sir Thomas Gresham Knight, out of the Exchequer, to rule the course of Exchanges by Bills.

35 The Office of the Kings Royall Exchanger, neuer put in practise since the merchandising Exchange beganne, erected by King Edward the first in the eleuenth yeare of his raigne, by an Act made at Acton Burnell, as aforesaid.

Heere wee are to obserue the Statute of employment to bee defectiue, when Merchants (both English and strangers) haue an abilitie giuen them by Exchange to take vp money here, and to deliuer a Bill of Exchange for it payable beyond the Seas, and can send ouer the money in specie and bee a great gainer thereby: insomuch that if I receiue here one hundreth peeces of twentie shillings, I can send nintie peeces to pay my Bill of Exchange, and put ten peeces in my pocket for an ouerplus and gaine.

The like may bee done by making ouer money from beyond the seas to be payed here by Exchange, which being receiued, I can transport with 15 vpon the hundreth gaines in two moneths and lesse, and aduance a hundreth vpon the hundreth in one yeare, which exceedeth all the benefit to be made by commodities, wherewith I need not to intermeddle, neither can the said statute be any helpe herein to remedie the same.

This gaine ariseth by the vnderualuation of our moneys, in regard of the inhancing and ouerualuation of forreine coynes, so that the cause is extrinsique, and comprised vnder the said Exchange of money, and not intrinsique in the weight and finenes of moneys, which are considered in the course of true Exchange betweene vs and forreine nations: and thereupon it followeth, that neither difference of weight, finenesse of standard, proportion betweene gold and siluer, or their proper valuation of moneys can be any true cause of the exportation of our moneys, so long as a due course is held in the Exchange which is grounded thereupon.

Hence ariseth the facilitie of the remedie by the refo [...]mation of the Exchange, in causing our moneys to be truely answered by Exchange, according to the verie value, or aboue the same, which cutteth off the said gaine had by the exportation of moneys, and causeth [Page] also (in effect) that the forreine coynes beyond the seas are not taken in payment aboue their values, although they be receiued at a higher rate, because the commodities of the realme are sold according to the price of Exchange, which counteruaileth the same according to their inhauncing of coynes, or imbasing of the same by allay or copper.

All men of common vnderstanding, when they do heare of the raising of moneys beyond the seas, are readie to say, We must do the like. For they conceaue the saying of Cato, Tu quoque fac simile, sic Ars deluditur Arte, to be a proper application hereunto. But they do not enter into consideration what alterations it would bring to the State, and that the matter might run ad infinitum, as shall be declared.

But let vs suppose, that this will be a sufficient remedie to inhance or moneys, as they do theirs, to imbase our coynes as they do theirs, and to imitate ouerualuation of gold and siluer as they do, which requireth a continuall labour, charges, and innouation. Is it not an excellent thing, that all this can be done by the course of Exchange with great facilitie? and that without inhauncing of our moneys at home, or medling with the weight and finenesse of the sterling standerd; this is to be done onely by his maiesties proclamation, according to the statut of Exchanges, Prohibiting that after three moneths next insuing the same, no man shall make any Exchanges by Bills or otherwise, for moneys to be paied in forreine parts, or to be rechanged towards this realme, vnder the true Par, or value for value of our moneys, and the moneys of other countries in weight and finenesse, but at the said rate, or aboue the same, as Merchants can agree by the meanes of Brokers, or amongst themselues,The way to restore Englands wealth. but neuer vnder the said rate, which shall be declared in a paire of tables publickely to be seene vpon the royall Exchange in London, according to the said proclamation: and the said tables shall be altered in price, as occasions shall be ministred beyond the seas, in the seuerall respectiue places of Exchanges, either by their inhauncing of moneys by valuation, or by imbasing of the same by allay, as hath beene noted; which by a vigilant eye may be obserued, and will be a cause to make other nations more constant in the course of their moneys: and this will be executed more of course than by authoritie, because gaine doth beare the sway and commaund with most men.

For the Merchant Stranger being here the deliuerer of money generally, will easily be induced to make the most of his owne, receiuing by Exchange more for our moneys beyond the seas: and the English Merchant (being the taker of the said moneys) will not be so in [...]urious to the State, as to giue lesse beyond the seas than the value of our money in Exchange, contrarie to the said proclamation: and if he would, the deliuerer will not let him haue it. Besides that the takers occasions are inforced by necessitie, and he can be no looser; for by direction, he will sell his commodities beyond the seas accordingly, because the price of Exchange doth still gouerne the [Page] sale and buying of commodities, as aforesaid.

English Merchants being the deliuerers of the moneys beyond the seas, and the price of Exchange altering there accordingly, will haue the like consideration, and the Merchant Stranger will prouoke him thereunto: and if there be no takers, the English Merchant may bring ouer the money in specie, wherein he shall become againer.

The course is agreeable to justice and the law of nations, or ius gentium, and will not hinder the Exchange to rise and fall, as formerly, but keepe all in due order, with these considerations, cautions, and preuentions as shall be set downe to preuent all inconueniencies proceeding by the inhauncing of moneys, which fall generally vpon all men in the endearing of things,Inconueniencies of the inhauncing of coynes. & particularly vpon land-lords and creditors in their rents and contracts, and especially vpon the king maiesties lands.

The statute of Imployment must also be obserued, to make the remedie more compleate, with a Register to record the moneys which forreine mariners do receiue for fraight, comming from Norway and other places, making aboue one hundreth voyages yearely; as also many other ships bringing corn into the Northerne and Westerne parts of the real me, and exporting moneys for it.

The pollicie of the Turke and Russian.The Turke, Persian, and Russian haue herein surpassed vs in true policie, by keeping the price of their Exchanges high, much aboue the valuation of their moneys; so that they haue no trade by Exchange nor moneys, but onely for commodities, whereby they preuent the ouerballancing of forreine commodities with theirs, as also the exportation of their moneys; albeit the vse of our commodities is in those countries verie great.

Obiections to the remedie.The obiections made by some against this sole remedie are easily to be answered, for they are grounded vpon suppositions against assured experience.

1 Some make doubt that the price of Exchange being risen, there will be no takers of money, and then the deliuerer is more thrust vpon the exportation of moneys.

2 Others say, that those Merchants which haue sold their cloth beyond the seas shall receiue a losse in the making ouer of their moneys from thence, by deliuering more there in Exchange than now they do.

3 Others say, that they shall not be able to vent their clothes according to the high Exchange, especially now that cloth is out of request; and would haue the matter of reformation deferred vntill another time, in their opinions more commodious.

Answeres.The first obiection is answered before, That the taker is ruled by the deliuerer, who will not giue his money in Exchange vnder the true value, according to the proclamation to be made, and the deliuerer being the Merchant Stranger here, will sooner be thrust vpon the statute of Employment, for by the exportation of money, he shall haue no gaine; whereas some of the discreeter sort would not haue [Page] the said statute too strictly pressed vpon the stranger, because the trade should not be driuen into their hands, Mediocria firma.

To the second, the Proclamation (limiting a time for execution) giueth Merchants abilitie to recouer their moneys, or to sell their Bills of debts for money, or to buy commodities for them, as the manner is.

To the third, experience maketh a full answere to both, that there did not want takers, when the late inhauncing at Hamborough caused the Exchange to rise from vnder twentie and eight shillings to aboue thirtie and fiue shillings, which is more than the present alteration will be: and Wooll was at thirtie and three shillings the Tod, which is now fallen vnder twentie shillings; so that the vent of our Cloth was not hindered, when it was sold deerer by one full third part; but there was aboue eightie thousand Clothes sold yearely, where there is now sold but fortie thousand Clothes. The time is also to be thought more conuenient to aduance a commoditie, being vnderualued, than to do it when the price is high: for this plurisie of the common-wealth is dangerous, and admitteth no time of curing, like the fire in a citie, which permitteth not any inquiries to examine how the same began, but requireth euerie mans help to quench the same.

And wheras it is alledged in the defence of the inhancing of coine,Treatise of Free trad, E.M. That which is equall to all (when he that buyes deere shall sell deere) cannot be said to be iniurious vnto any.

This opinion is without consideration of the alteration of Weights and Measures betweene vs and other nations, that is Exchange for moneys, and what the same may produce to the losse of the common-wealth, albeit that betweene man and man it may proue alike in some respects.

To make this euident, Suppose two Merchants, the one dwelling in London, and the other dwelling at Amsterdam, doe contract together, that the Londoner sending Clothes to bee sold at Amsterdam, the Merchant of Amsterdam sendeth him Veluets and Silkes to bee sold at London: and (in the account to be kept betweene them) they agree to reckon the moneys in Exchange but at thirtie shillings Flemish, for twentie shillings sterling, and so make returne each to other from time to time, as moneys shall bee receiued both heere and beyond the seas. Whereupon put the case, that there is receiued at Amsterdam one thousand and fiue hundreth pounds Flemish for Cloth, and at London there is receiued one thousand pounds sterling for Veluets and Silkes, which according to the said computation is all one in effect betweene them, and might by way of rescounter answere each other in account. But the Merchant of Amsterdam knowing that (by reason of the inhauncing of the moneys there) he can make a great gaine to haue the said one thousand pounds to be sent vnto him in specie, he desireth the Londoner to send vnto him this one thousand pounds sterling in siluer [Page] or gold coynes, Royalls of eight, or Rickx dollers, whereby he shall profit fifteene vpon the hundred by the meanes aforesaid, which amounteth to one hundreth and fiftie pound gaines. Now the Londoner hauing his one thousand and fiue hundreth pounds Flemish, or one thousand pounds sterling at Amsterdam, cannot do the like, because the money by the said inhauncing is receiued there aboue the value, so that his money must be deliuered there by Exchange at thirtie three shillings foure pence, or vnder, wherby he receiueth here the said 1500 ll Flemish with no gaine at all. Thus the account is made euen betweene them: but by these meanes the kingdome is depriued of the 1000 ll of the Merchants money sent to Amsterdam, which doth not onely procure want of our moneys, but causeth also the natiue commodities to be vndersold, and the forreine commodities to be aduanced in price beyond the seas by plentie of money there, and hindreth the importation of bullion.

To preuent this, the question is now, Whether it be better and more expedient to raise the price of Exchange, or the valuation of our moneys? Surely all men of iudgement will say, That the raising of Exchange breedeth not that alteration which the inhauncing of moneys doth, to make euerie thing deere, and to cause landlords and creditors to loose in their rents and contracts. And Merchants of experience do know, that wee cannot do as they do: for the inhauncing of our moneys here will be countermined by other nations, who still will vnderualue them in Exchange betweene vs, vnlesse it be preuented by our owne true valuation to be made known as aforesaid.

The Author of this Treatise of Free trade doth say, That it is not the rate of Exchanges, Page 104. but the value of Moneys, heere low, elsewhere high which cause their exportation, nor do the Exchanges, but the plentie and scarcitie of moneys cause their values, which is meerely Histeron proteron, whereunto I haue answered heretofore, viz.

Three waies to dissolue an argument.There are three waies to dissolue an argument, Deniall, Retorting, and Distinction. Deniall, is too hostile, sauouring more of obstinacie than of Art: Retortion, is more wittie than profitable: but Distinction is like mature remedies, compared to Purges which clense and feed; but the said Authour did take the course of Deniall, and proueth nothing touching the matter in question.

Exchange compared to to the Affaies o [...] money.If moneys be here low and elsewhere high, how is this knowne but by the valuation of Exchange? considering the diuersities of moneys of seueral standards, wherein the Exchange is like the Assay, whereby the finesse of gold and siluer is knowne, grounded vpon the quantitie which the Exchange requireth, according to the weight of fine siluer & gold contained in the moneys of each countrie, which is the intrinsick value, & not according to extrinsicke valuation, which is altered by denomination, for the name of a thing doth not alter the value really, but the substance doth it, if it be altred; much lesse doth plenty or scarcity of monie cause their values, it being contrary to the [Page] nature and propertie of money; the yeard doth measure the cloth, but the cloth doth not measure the yeard. To illustrate the premisses by example I haue heretofore shewed the consideration incident.

Suppose that some Merchants strangers doe come ouer into the Realme to buy a packe of tenne clothes, valued at 80 ll sterling, which they are to pay in gold and siluer, and they doe not know the weight and finenes of their forraine coyne which they haue brought ouer; heereupon to content both parties, the moneys on either side must be tried by the subtle assay, according to their finenes computated vpon the pound weight of twelue ounces Troy, and then (by weight) they answere each other accordingly. And so this negotiation is (in effect) but a permutation of moneys for commodities before Exchange was inuented.

Hetherto we haue handled of the reformation of Exchanges, for places where the Basis of Exchange or foundation is made vpon our twentie shillings sterling, that is to say, When Merchants beyond the Seas (deliuering moneys there for England) will cause the Brokers of Exchanges to know how much Flemish or Hamborough money Merchants will giue there, to haue twentie shillings sterling payed in England, euen as wee doe here to know how much in Flemish money or other coynes a Merchant will giue for the said twentie shillings here,Exchanges which are made vpon forrain coyne. by an agreement to bee paied beyond the Seas by Bill of Exchange. But now we are to intreate of the reformation of the Exchanges which are made vpon forraine coynes, or rather imaginarie moneys of other countreys: as for France vpon the French Crowne of sixtie soulz; for the East countreys vpon the Florin Polish; for Germanie vpon the Rickx Doller of seuentie two Creutzers; for Venice vpon their Ducat, and so for other places, as in the former Chapters we haue noted.

Herein let vs obserue that the course of it is directly opposite; for whereas in the one we doe procure to haue much money, or at the value answered by Exchange: so in the other wee may doe the like, and rather procure lesse to bee giuen in Exchange, because that the foundation of those Exchanges is made vpon forraine coyne.

Neuerthelesse consider wee, that when foure Testons or three Franks in specie were calculated for the said Crowne of sixtie soulz in Exchange; then euerie such Teston was fifteene soulz by valuation, and euerie such Frank was twentie soulz. But since that time the said peeces of Testons are made currant for 16 ½ soulz, and the Franks at twentie two soulz, being the same in weight and finenesse, without any alteration in the standard called, Le Pied de la Monoye, but onely inhaunced in valuation, according to which, payments are made in siluer coynes. Also for the gold coynes, as French Crownes and Pistolets, which are inhanced at times vntill 72 soulz' from 60 soulz, wherupon the said Crown was valued at six shillings sterling; Is there any man of iudgement that will giue (if hee can choose) sixe shillings, or seuentie two pence, and 72 ½ pence, for the said French [Page] Crowne in Exchange, when the Crowne in specie is paied him in France for seuentie fiue soulz? The like consideration are we to haue of the Dollers of Germanie, of the Polish Guilders or Florins, and all other coynes inhaunced aboue the Par of Exchanges heretofore calculated amongst Merchants, and especially with the admittance of Princes.

The operation heereof in the course of trafficke, is of verie great moment, more than in times past, when the difference was not so sensible, which made me to compare the same vnto the serpent Aspis, which stingeth men in such sort that they fall into a pleasant sleepe vntill they die; which is meant by particular persons, whose estate is consumed by running vpon Exchanges. Or like vnto the crueltie of the Planet Saturne, which maketh his spherecall course in thirtie yeares, with great operation, although wee doe not so sensibly perceiue his motion, which is meant in the reuolution of State affaires in progresse and continuance of time.

CHAP. XI. Of Attachments and Arrest.

THE Common Law of England doth not vse the course of Attachments, as is vsed by the Custome of the Citie of London, which was borrowed from Merchants actions obserued in forraine Countreys, and was thereupon by Custome here established; it being a readie way whereby men may secure themselues of present meanes, if they doubt of their debtor. For if the creditor do know any debts or goods belonging vnto his debtor, he may instantly vpon a specialtie to be exhibited vnto the Magistrate, haue authoritie to attach the said debts and goods in the hands of any person where he findeth the same, onely Priuiledged places excepted, or Ecclesiasticall persons in most places.

To this Attachment, if the partie doe appeare and put in baile, either by himselfe or his Atturney; then the Attachment is ipso facto, void, and declaration being put in, dependeth in Court vpon the said baile, and if no declaration bee put in the next Court day, or within [Page] three dayes, then the said baile is likewise discharged by the said Custome; albeit this is not so duely obserued, as the Customarie Law of Merchants requireth. But if the partie doe not appeare, and the Attachment doe proceed three Court dayes, or three defaults to be entred, then for the fourth default judgement or sentence is giuen, that hee who did make the Attachment shall recouer the said debt and goods, and take the same into his owne possession, vpon good sureties to be put into the Court, to answere the value thereof within one yeare and a day, in which time the proprietarie may disreason the said recouerie, by disprouing the other parties surmises or allegations, prouing that the specialtie was paied whereupon the Attachment was grounded. For the Attachments beyond the Seas cannot be made vpon any pretended Action, but must bee done vpon a Bill of debt, and many times the Magistrates will sequester the goods or debts into their owne hands, to auoid incertainties of honest dealings. Besides, Merchants will be aduised before they make Attachments, because both the Ciuile Law, and Customes of Merchants doe impose great damages vpon the partie, if hee haue made his Attachment without iust cause, to the ouerthrow of the other parties credit. And moreouer, if it be vpon debts appearing by specialties or Bills Obligatorie, it may fall out that the said debts are transferred or set ouer vnto other Merchants, according to the Custome heretofore mentioned, whereby the propertie is altered.

I remember a case of mine owne, that happened aboue twentie yeares since, which concurreth with the matter in hand: A Merchant being indebted vnto me, by a Bill Obligatorie the summe of 800 ll, payable at six moneths, was perswaded by a friend of his (with whom I had some differences and controuersies of accounts) to suffer an Attachment to be made in his hands of the said moneys, by the Custome of London, vpon promise made vnto him, That he would giue him long dayes of payment for the said moneys: whereupon my Debtor appeareth to the said Attachment, and did acknowledge the said debt of 800 ll, relying vpon the long dayes of paiment, and he that made the Attachment did proceed in the Law, and had judgement thereupon, making no doubt to obtaine execution accordingly. Being aduised by learned councell in London,Attachments to be remoued after judgements. wee suffered him so farre to proceed, and then we did speake in Arrest of execution, and brought a Writ of Certiorare out of the Kings Bench, vnder the hand of the Lord Chiefe Iustice, putting in speciall baile in London to satisfie the judgement. The record was remoued to the said Court of Kings Bench, and there wee did put in other baile, and vpon that brought a Supersedias into London, and discharged our especiall baile, and by the Law the said Attachment and all proceedings were made void; and this Merchant was taken, Pro confesso, and ordered to bring the money instantly into the Court, whereas he had yet six moneths for the payment; the interest whereof was 40 ll, whereby the Prouerbe tooke place, Fallere fallentem non est fraus.

[Page]Here the Law did preuaile against Custome: but in another like matter of attachment, Custome hath preuailed against the Law.

One being indebted vnto another the summe of one hundreth pounds payable at a certaine time, it came to passe that the Creditor went ouer beyond the Seas before the money was due: the cautelous Debtor, vpon vntrue surmise to defraud the Creditor, made attachment of this money in his owne hands by the Custome of London, and put in sureties to bee answerable for it for one yeare and a day, according to the manner and order of the Court, in which time the said Creditor was to disreason the said pretended debt; but the Creditor (being beyond the Seas and ignorant of these proceedings) came ouer after the expiration of the yeare and a day, and the Debtor had judgement vpon the said attachment, and execution awarded vnto him in his owne hands. The Creditor being now come ouer, demanded his money, the other denied to owe him any; in briefe the Bill was put in suit at the Common Law, the Debtor did plead the said judgement and recouerie in London, and by that practise and fraudulent meanes defeated his Creditor: and being done by Law, it is taken to be no cousenage to be punished by the Starre-chamber or other Courts, onely the partie is A.K.

Touching Citizens or Merchants arrests beyond the Seas, there is a Custome that no Officer may arrest after Sun set;No arrest to be alter Sun set. such therefore as goe abroad but at those times, are said to Fly with the Owle, by a common Prouerbe: and it is hoped by the said Custome that the Debtor may (by hauing accesse at some time vnto his Creditor) compound with him, and preserue the good opinion and credit wherein hee liueth, and thereby not onely haue meanes to recouer himselfe, but also be 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 [Page] 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 [Page] 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 [Page] 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 bread and water for a time, at the discretion of the Iudge. But if the debtor be so poore, and notwithstanding hath such a cruell aduersarie that will make dice of his bones, that is say, to haue his debtor die in prison, and to hang vp a bale of dice for him in the Crowne Office, as is done by the Officer in place, or the Goaler; then hath the Law beyond the seas prouided some reliefe for this poore man: for the custome is (in Germanie, France, Italie, Spain, and the Low Countries) that no man is imprisoned for debt aboue a yere and a day, in which time the creditors haue power to take, seise, and sell all the estate of the debtor; which being done, or before, the woman in most places may claime her dower for her reliefe & children, and the rest is diuided amongst the creditors as far as it will go, and so the debtor is freed from those debts for euer: for by the Ciuile Law, Qui vult cedere bonis, liberatus est a debito, if the debtor do relinquish his estate to the creditor, he is free from the debts, and all goods falling to him afterwards are his owne. But this man is euer after disabled to come to any preferment, and such a creditor as is the cause of it, will be hated and accounted worse than a Iew or Pagan. For the manner of Cedere bonis, or to make cession of goods, is verie hainous,The manner of Cedere bonis. and of wonderfull disgrace; so that most men will rather die in miserie, than to come vnto it, because it happeneth not once in twentie yeares: yet is it farre inferiour to the punishment of the pillorie, or the striking ouer the legge vsed in Russia at the creditors instance, whereby the debtor is set at libertie, and the debt paid. The partie commeth before the towne-house, and standeth vpon a stone in the view of all the people, and vnloosing his girdle, he desireth them, and all the world to take notice, that he hath nothing left him to pay his creditors, and so renounceth all, what may be found to be his, or what any manner of waies he might pretend: and in token thereof, he may not weare his girdle any more, nor be imployed in any businesse as a liuing man; yet afterwards by some composition to be made with the creditors, he may be restored by a declaration to be made by some Officer vpon the said stone, and then he is permitted to weare his girdle againe.

In the said countries, no gentleman or man of qualitie, may be imprisoned at all for debts, his estate onely is liable thereunto, and yet with reseruation of such necessarie things, as Honestie, Honour, Humanitie, and Christianitie doth challenge: namely, the souldiours Person, his Armes, his Apparrell, Bed, and Chamber conueniently and necessarily furnished, which may not be taken for debt: and the like reseruation is made to euerie other man of qualitie, so that imprisonment of men bodies for debt (according to the common practise of England) is a greater burden and bondage, than is to [Page] be found in any other christian or heathen countrie.

And for asmuch as the mischiefe and incoueniences, arising to the King and Common-wealth, by the imprisoning of mens bodies for debt, haue beene propounded heretofore in Parlement, by a printed remonstrance which (like vnto a Pamphlet) may be lost, whereby good matters are many times put in obliuion, I haue thought conuenient to make an abstract thereof, in the maner, as the said reasons are laid downe, to be inserted in this booke, in hope of some releefe vnto decayed Merchants, whose estates may remaine liable to answere their creditors, without imprisoning of their bodies, against the Law of God, the Law of man, the Rule of justice, the Law of conscience and christian charitie and against the Practise of other countries, as aforesaid, and finally against the creditors owne profit.

The Law of God, willeth and commaundeth euerie man to follow a vocation to doe the honour,Against the law of God. duties, and seruices, owing to his Prince and countrie, and Parents, and to maintaine his wife, children and family, and to instruct them, in the feare of God; so that whatsoeuer, directly or indirectly forbiddeth the said christian duties, in the performing thereof (by an imprisonment) is against the law of God, whereupon all humane lawes ought to be grounded. No law of God, willeth or commaundeth imprisonments of mens bodies for debt, nor is it warranted by any example in the word of God, and the efficient meanes bringing men into prison as vsurie is, appeareth plainely to be forbidden by the word of God, as hath beene noted out of the old law, neither hath the law of the Gospell a word of commaund or warrant for imprisoning a christian brother for debt,Exod. 22.26 Deut. 23.19. Leuit. 25 35. Ezech. 18 8. Ieremy 34.14. but rather containeth a commaund to relieue him if he be fallen into decay, to take care how and wherein he shall sleepe, to set him free at sixe yeares end and then to reward him.

By the Law of man it was not so, Ab initio: for by the Common Laws of England,Against the law of man. which are the most ancient, most eminent, & most binding lawes, no man may be taken or imprisoned for debt, but the creditor was to take satisfaction, vpon the debtors estate of goods & lands, according to Magna Char. 3. H. 3. and 14. Ed. 3. although after accountants onely were to be imprisoned vntill they paied, which was made generall against all debtors by the statute of the 25. Ed. 3. cap. 17. yet prisoners in Execution, might and did follow their vocation and affaires, by baile, mainprise or baston, as by the statute of 1. Rich. 2. cap. 12. and from that time forwards, were prisoners tied vp shorter to the writ of Habeas corpus or the Kings speciall mandate, vpon surmises,Habeas corpus. that the said debtors made secret estates in trust to defraud their creditors or were wilfull and obstinate to pay them, being able. To answere these obiections, it is vniust to punish all promiscuously, aswell frauders, as non frauders, without and before any proofe made; yet if the fraud were proued or his abilitie and sufficiencie either, there is no cause to imprison his bodie, because the law doth giue the estate fourthwith to the creditor, whether the debtor [Page] will or no: so it is still needlesse to imprison the bodie, for twentie yeares imprisonment discounteth neuer a pennie of the debt, and yet the debtor hath suffered more miserie and punishment, than a guiltie Traytor or Rebell suffereth for the highest offence.

It is against the rule of Iustice and law of Nature,Against the rule of Iustice. that men equally free borne should be depriued of the common and equall libertie, and bee giuen into the power of another without criminall cause or guilt.

The debtor is either punished for guilt or cohersion: if for guilt, it is against the rule of Iustice; for to bee found a debtor in the Law, is no criminall guilt, and therefore vniust to punish him criminally: If for cohersion, to make the debtor bring forth his estate to the payment of the debt; it is also against the rule of Iustice to enforce a man by punishment to doe that, which appeareth not to be in his power, or whereof the Law is alreadie certified that there is not wherewithall to doe, according to the purport of the Capias granted against the bodie by the Common Law.

It is also against the rule of Iustice to thrust all kind of debtors into a prison together in a heape, without respect to the different qualities of men, to more or lesse guilt of fraud or obstinacie, or whether it bee an honest or an vsurious debt,Plutarch in Solons life. to more or lesse meanes of the debtor, whereby hee must liue or starue in prison, or to the holding him one or twentie yeares in prison; for some are great debts for thousands, some are small debts for trifles, some are supposed debts not yet proued, and in truth some are no debts. But for certaine all (or nine in tenne) are vsurious debts and forfeitures, scarse one honest debt of a hundred, but all by vnlawfull gaine vpon corrupt and desperate aduentures.

But it wil be said that imprisonment is no punishment, for prisoners liue at ease and pleasure, &c. according to the recei [...]ed opinion: but the miseries and afflictions of imprisonment are inexplicable and cannot bee conceiued by any that haue not felt or had proofe thereof.

The auncient Romanes construed and reputed imprisonment to bee a guard, or sa [...]e keeping of slaues and bondmen; but a heauie punishment to free borne men: and it is recorded that the Prophet Micha was sent to prison to bee fed with the bread of affliction.

For imprisonment is a corporall punishment,A discription of imprisonment. a griefe and torture of the mind, a long and lingring dying, and sometimes a short killing by plague, &c. it ouerthroweth a mans reputation, and destroyeth all that is good and deare vnto him; his kindred grow strange, his friends forsake him, his wife and children suffer with him, or leaue him, or rebell, or degenerate against him, and lye open to all disgrace and villanie of the world, in whose miseries the prisoner suffereth more than in his owne sufferings: before him the sight of all these miseries and euills, and (which is not the least) he lies open to euerie arrow of scandall or calumnie, that a malicious aduersarie will shoot [Page] at him, which he can neither resist nor auoid, because hee is absent to confront them: behind him griefe for losse of libertie, credit, friends, estate, and all good fortunes; his baile and sureties (who commonly are his neerest kin, or dearest friends) lye in the power of his aduersarie, or are alreadie imprisoned. To say nothing of ill ayre, straight place, hard lodging, vnwholsome diet, with the noise, noisomnes, pestring and fettering the body of the prisoner, as the least of many euils.

Against Conscience and Charitie.Let this be weighed in the ballance of Conscience and Christian Charitie, and you shall find that these proceedings cannot subsist, for they are against the Law of God, and not warranted by Scripture. But to induce diuers necessarie consequences for proofe hereof, we are to consider how many wayes any man may guiltlesly and innocently fall by the Law,Guiltlesly or innocently. be conuict of debt or damages, and cast into prison thereupon, viz.

By misprision or ignorance of himselfe or his Atturney; in pleading of the cause by carelesse or vnskilfull Councellors, especially when false things are cunningly laid, or true things vncertainly laid.

By the necessitie of the defendant, wanting meanes to pay his Atturney or Councell, and by combination of the aduersarie with the defendants Atturney, Sollicitor, or Councellor, or with the witnesses or Iurors, for loue, malice, or ends of their owne.

By periurie of witnesses, in concealing, peruerting, and misapplying truth, or deposing vntruth, and by subornation of Witnesses, Iurors, or Officers in the impannelling of Iurors, and corruption of the Iudge.

By casualties.A man may likewise be disabled and become insoluent, by as many casualties and acts of honest and good intentions, and consequently become a debtor, and be cast into prison thereupon; as by suretiship, baile, or securitie for kinsmen, friends, or others; likewise by loane vnto them, who pay not againe; also by falshood of friends, seruants, and others put in trust with monies, euidences, office, trade, and lands: Againe by mouing a iust suit in Law, where might, practise, or falshood ouerbeareth him, or many yeares suit consumeth him.

Also by fire, water, shipwracke, and such like sudden and vnresistable accidents at sea; or at land, by robberie of Theeues and Pirats.

By vnprofitable buyings and sellings of Lands, Leases, Merchandises, &c.

By arrest, seizures, or pretences and detriment of forraine Princes.

By sudden losse of friends or masters, on whose fauour any mans estate dependeth: also by errours in making or keeping reckonings and accounts, or by losing or not calling for Acquitances, Bils, Bonds, Releases, or Ingagements and Assurances, for Warranties, Annuities, Dowers, Ioynctures, Legacies, and such like.

By Vsurors and Vsurie, eating vp a mans estate by interest and forfeitures, and by a multitude of other meanes, whereby no man is secured but may become a debtor and insoluent.

And this Law taketh no consideration, or admits no information [Page] hereof, but in Summo Iure, Summu [...] Iu [...]. giueth the whole forfeiture without any conscionable respect, and the after proceedings are sutable: for after judgement, though the debtor by his goods discharge ninetie and nine pounds, of one hundreth pounds principall; yet the bodie is subiect to be imprisoned, till he pay the whole forfeiture of two hundreth pounds: and the words of the Statute are, That if hee haue no goods nor chattels, or not enough to satisfie the whole, his bodie shall be imprisoned for the rest, till he make payment or agreement, Marlebridge Cap. 23, Anno 52 H. 3, &c.

So euerie way it is in the absolute will and power of the creditor, to cast the debtors bodie into prison; when in all conscience and equitie, if he haue no meanes to pay, he ought to be let out of prison, or not to be imprisoned at all, because the debtors bodie can giue no satisfaction to the creditor, being in it selfe considered.

Some prisoners haue meanes and are willing,Meanes to pay & yet canno [...] but cannot pay, either because the present power of their estates is not in them, or in regard of the time, that they cannot sell or receiue payment, or in regard of the worth, for scarce any will buy a prisoners lands, lease, or goods at halfe the worth: or in regard of others interressed, without whose consent hee cannot dispose thereof, or the estate is intangled with dowers, joynctures, warranties, assurances, statutes, &c. Some haue not meanes sufficient to pay all, and some haue no meanes at all, and are kept in prison because they haue rich friends, who for their sake liue and die miserably in prison.

Some haue meanes and will not pay, of fraud and obstinacie; but of these there is hardly found one in a hundred: for if that were so, the creditor (who searcheth the verie reines of the debtor, and his estate) will rather seise and recouer the prisoners estate, than cast him into prison, where if he die he loseth all.

Now if an honest man may innocently fall in the Law, by such a multitude of accidents, practises, and errours of others, and by doing iust and friendly offices to others, and may faile also in his estate, and become insoluent by so many wayes, casually and causelesly in himselfe, and by the fault and errors of others, and cannot be a criminall debtor but one way, which is by fraud and obstinacie onely (of which scarce one example is to bee found in a hundred,) how can it stand with any charitie or conscience to neglect and passe by so many circumstances, and to fall vpon the debtor with such crueltie, by laying such a heape of miseries vpon him, his wife, children, and reputation at once, as imprisonment bringeth?

It is true that the ancient Common Lawes of England, are verie strict in this point of maintaining Pacts and Contracts; but the contracts of those times were simple,Recouery only against the estate. honest, and legall, and the recouerie was against the estate only, for there were no penall bonds knowne, nor vsurie practised by Christians when those Lawes were made; but all our contracts and bonds, or the greatest part, are corrupted with vsurie and forfeitures, which are extortion in a high degree: and to [Page] force men to performe such with the losse of their estates, credit, libertie, and many times of life too, is most inequitable.

The penaltie of Bonds vniust.Especially being the Law prouides euerie creditor his full damage, without the help of a penall Bond, which sheweth that all forfeitures are needlesse: and they are vniust also, for they make the vsurer iudge of his owne damage, which of right belongeth to the iudgement of the Law.

But it will be said, that the Chancerie doth mitigate the hardnesse and rigour of the Law in vsuries for forfeitures, and that wrong judgements may be reuersed by Attaint, Errors, Audita Quaerela, &c.

The answere is, That the remedie is worse than the disease, for all courses of reliefe by Law in Chancerie, are hard, tedious, vncertaine, long, and extreame chargeable; and it is a lamentable case, that when the debtor is vniustly or vnconscionably cast in the Law, stript of his estate, his bodie imprisoned, his libertie tied vp, his credit destroyed, and his friends banished; then to send him so disabled to seeke remedie by new suits in Chancerie, which are chargeable aboue measure: and with the same extremitie doth the Statute of Bankrupts deale with the poore debtor, as heretofore hath beene declared.

That prisoners are compassed with a multitude of ineffable miseries, and heauie afflictions, and therefore some cannot choose to become weake in faith, staggard or desperate, when there is no man to speake a word of comfort in due season, appeareth by the miserable ends of many desperate persons, whereby one with shame and distemperature loseth his sense and dyes, another for pouertie and want perished, one with feare and griefe breakes his heart outright; anothers heart that cannot breake, the deuill is readie to teach him desperately how to make way: one vncharitably flies from his keeper, another desperately aduentures his life to breake prison; and finally many are carelesse and giuen to all vices. For faith is rightly compared to a Lampe,Faith compared to a lampe. which must haue oyle continually to maintaine their light, which otherwise is soone exstinguished. So doth the Word of God maintaine Faith by continuall preaching, whereof prisoners are destitute for the most part.

Obiection.Some men will excuse the vnconscionablesse of the Law, alleaging that in seazing the debtors bodie and goods, and giuing way to vsuries, forfeitures, and corrupt bargaines, the Law doth no more than the debtor himselfe hath contracted vnder his hand and seale: And Volenti non fit iniuria, whereunto it is answered.

Answere.1 First that the guilt of the Law cannot bee so washed off, for in debts where there is no contract vnder the debtors hand and seale, the Law giues the debtors goods, and his bodie into prison at the creditors will.

2 That the debtor is not Volens, for it is against euerie debtors will to pay vsurie or forfeiture; but hee is pressed thereunto by his owne necessitie on the one side, and by the creditors vncharitable will on the other, who will not lend but for vsurie and forfeiture.

[Page]3 The common saying (volenti non fit iniuria) is a false position, else it is lawfull to knocke a man in the head that is willing to die, which is absurd; for the will or consent of the partie vnto an act that is in it selfe vniust, cannot make the act iust, nor iustifie the actour.

It is also obiected, that if mens bodies may not be imprisoned, how shall they recouer their debts?

Answere, vpon the debtors estate only, as this kingdome did heretofore, and other kingdomes now do, and therefore let the creditor ground his trust thereupon, and trust no further than the creditors estate, for thence onely can he haue true satisfaction. It is replyed, That there will be no more credit giuen if mens bodies may not be imprisoned, and consequently, trade and comerce wil decay. Answer; honest trade, honest contracts, and honest trust will notwithstanding be as plentifull, for while there is the same vse, necessitie, and profit by commerce, there must needs be the same effect: True it is, that vsurious contracts will bee more relatiuely made to euerie mans estate, credit and honestie, as they did in the times of the old law and of the Gospel, and yet do in politicke gouernments.

It is against the creditors owne profit,Against the creditors owne profit. for all meanes of satisfaction must arise either out of the debtors credit, out of his labour and industrie, out of the will of his friends, or out of his owne estate; and all things that depriue or disable the debtor in any of these, do weaken and lessen his meanes, and consequently tend to the creditors preiudice and disaduantage. Herein it is not needfull to rehearse all the former miseries decreasing the debtors estate: for dayly experience proueth, that many debtors haue offered at the first to pay the principall debt, or halfe, before they were cast in prison, which afterwards by more troubles and charges comming vpon them, were disabled to pay any thing: how preposterous and absurd is it then to cast the debtors bodie into prison, where his estate is wasted, his credit spoiled, his fortunes and vertues lost, his bodie afflicted, his life consumed and murdered, and whereby the creditor bars himselfe from 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 commonwealth; which number of prisoners exceedeth all the prisoners in all other countries.

[Page]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 execu [...]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? [Page] 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,Subal [...]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 a commonwealth, [Page] for the maintenance of lawes, which otherwise would be fruitlesse, or made as it is said by some, propter terrorem; for preuention whereof, it is verie commendable to preserue this life of the law, consisting in execution: which was the cause that commissioners haue beene heretofore appointed, to retaine men in their dueties, as the Nomophilats in Greece, the Censurors amongst the Romans, the Ephores at Lacedemon, the Areopagits at Athens, the Visitors in Spaine,Commissioners to retaine Officers in their dueties. and the Commissioners of Troyle, the Bastort in Edward the first his time; for all humane actions are so flexible to euill, that they haue need of a continuall remembrancer to vertue for the conseruation of the publicke good.

If we will make a comparison betweene the execution of Criminall causes, and ciuile, we shall in a manner find the same to be all one effectually: for the generall manner of death imposed by the law, is hanging, where in other countries they haue diuers manners of executions, according as the fact is haynous. Murder (being a great offence) hath in all ages been punished with death, but stealing of goods was alwaies taken to be much inferior, because the law of God did not punish the same by death, as is now vsed; and yet a death by sudden execution, is better than a lingering death by famine, imprisonment, and other aduersities, before remembred.

The effect of the kings Prerogatiue Royall (to be mercifull euen when law hath had her full course) is to be seen rather in causes ciuile than criminall, and that in the reliefe of poore distressed prisoners and others:Iustice and Mercie in God are not contraries. seeing the Mercy of God (whose Lieutenants they are on earth) is aboue all his Workes; which maketh me to remember an error of the common people, which thinke the Iustice and Mercie of God to be contraries, for if they were, they could not be in God, because the god-head being but one, and alwaies like it selfe, cannot admit contraries, and contraries they cannot be, being both vertues, whereas no vertue is contrarie to vertue, but onely opposite to vice: so that (respecting the Kings Prerogatiue in criminal causes when the law hath determined death or punishment by perpetuall imprisonment or banishment) the King (imitating Gods mercie) doth restore life, freedome, and libertie, much more may the King do the same in ciuile causes (when the law commaundeth imprisonment vntill satisfaction be made of the iudgement) giue libertie and prolongation of time, as hauing an interest in the persons of his subiects, as we haue obserued. I haue herein been the more ample, because it concerneth the life of many honest men &c.

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CHAP. XIII. Of Denization and Naturalization of Merchants.

THE manner to make Merchant strangers, Artificers [...] or Handie-crafts men to be Denizons or Naturalized, was in times past without any difference: and they did enioy the like libertie and priuiledges, and were most commonly made by his Maiesties Letters Patents vnder the Great Seale of England, by his Highnesse Prerogatiue Royall; whereby they did enioy all the freedome and immunities that naturall subiects doe enioy, and were so reputed and taken by the Lawes of the Realme, vpon their oath (made in Chancerie) of alleageance to the King and the Common-wealth. But the same was afterwardes called in question, vpon the misdemeanors of some forgetfull persons, and then Denizons were made to pay Customes to the King, as strangers, howbeit they might buy leases, lands and houses as English borne subiects, and their children heere borne should bee free, and pay but English Custome for goods imported and exported, and may become freemen of London, and buy cloth in Blackewell Hall and all other Markets, and transport the same where it pleased them, albeit the Merchants Aduenturers haue infringed the same.Naturalized distinguished, Neuerthelesse (some priuiledge to pay English Custome, being granted to some particular Merchants, by the Princes prerogatiues by Letters Pattents vnder the Great Seale) it came to passe that these were named Naturalized, which might be placed in offices, as Iustices of the Peace and Quorum, high Sherifes of the Counties, and other places of dignitie, and came to bee made Knights and Barronets, and some of them buying lands and leases, made great purchases, married their daughters vnto diuers Gentlemen and others, did also sell lands againe, and bought other lands; which buying and selling of lands did require assurances to be made, and therein some Lawyers were of opinion, that by the Law the said assurances were not of sufficient validitie without an Act of Parlement, and then the Acts of Naturalization were made; but the making of Denizons was alwayes continued by his Maiesties Letters Pattents onely, and they are not subiect to the Statute of Employment, [Page] albeit they pay strangers Customes,Denizons not subiect to the Statute of Employment. and diuers other charges, which the natiue subiects doe not pay, whereof Merchants are to take notice.

No stranger which is a Mechanicall person, is much inclined to be a naturall subiect by Act of Parlement, because of the charge of it, which may bee about 30 ll: albeit foure or fiue persons may ioyne together by petition to the Parlement, and haue one Act for them all, the forme whereof is commonly as heereafter followeth. And here note that a Merchant is in no danger, if hee be neither Denizon nor Naturalized; but may deale, trafficke, and negotiate at his pleasure, but he may take no leases nor buy lands.

IN most humble manner, beseech your most excellent Maiestie, your humble and obedient Orators I. L. of Florence, your Maiesties seruant T. M. &c. R. B. and M. Q. That whereas the said I. L. the son of A. L. and L. his wife strangers, were borne at Florence in Italy, in the parts beyond the Seas: and whereas, &c. And whereas M. Q. being the sonne of M. Q. and C. his wife borne at Bridges in Flanders, in the parts beyond the Seas in lawfull matrimonie, and hath (for the most part) these twentie yeares remained and made his abode in London, within your Maiesties Realme of England, during which time, hee hath demeaned himselfe faithfully and dutifully towardes your Highnesse, and your Lawes; yet for that both he and the rest of your Maiesties Orators were borne in the parts beyond the Seas, they cannot take benefit of your Maiesties Lawes, Statutes and Customes of your Highnesse Realme of England, as other your Maiesties subiects borne within this Realme, to their great preiudice, losse and hinderance: It may therefore please your Highnesse, of your most noble and aboundant grace, that it may be ordained, enacted and established by your Highnes, the Lords Spirituall and Temporall, and the Commons of this present Parlement assembled, and by the authoritie of the same, That your Maiesties most humble Petitioners I. L. T. M. R. B. and M. Q. and euerie of them shall from henceforth bee adiudged, reputed and taken to be your Highnesse naturall subiects, and as persons naturally and lawfully borne within this your Maiesties Realme of England; and also that they and euerie of them, shall and may from henceforth by the same authoritie be enabled and adiudged able to all intents and constructions, to demaund, challenge, aske, haue, hold and enioy landes, tenements, hereditaments and rents, as heire or heires to any of their auncestors, by reason of any descent, remaine, reuert, or come to them, or any of them by any other lawfull conueiances or means whatsoeuer, or which hereafter shall come, &c. as if they and euerie of them had beene your Highnesse naturall subiects borne; and to hold and inioy to them, and euerie of them ioyntly and seuerally lands, tenements and hereditaments, or rents, by way of purchase, gift, graunt, or otherwise, of any person or persons to all constructions and purposes, as [Page] though they and euerie of them had beene your Highnesse naturall borne subiects: and also that they and euerie of them from henceforth may and shall bee enabled to prosecute, maintaine and avow, iustifie and defend all manner of actions, suits, plaints, and other demands whatsoeuer, as liberally, frankely, fully, lawfully, surely and freely, as if they and any of them had beene naturally borne within your Maiesties Realme of England, and as any other person or persons naturally borne within the same, may in any wise lawfully doe: any Act, Law, Statute, Prouiso, Custome, Ordinance, or other thing whatsoeuer, had, made, ordained, or done to the contrarie in any wise notwithstanding: And your Petitioners shall daily pray for your Royall Maiestie long in honour and most safetie to remaine ouer vs.

This Petition in nature of an Act of Parlement,The manner of proceeding in Parlement. is deliuered to the Speaker of the Parlement, who vpon the second reading in the Commons House, procureth the same to bee referred to certaine Committees before whom the Petitioners doe appeare, and (after examination) if there be no apparant cause that might crosse them, the Bill is returned into the Parlement, and read for the third time, as the manner is of all Acts, and then it is carried vp to the higher house, and there it is commonly of course also read three times and so allowed, and there it doth remaine vntill the last day of the Session of Parlement, and then the Kings Royall Assent is had therevnto, and there is written on the backside or within, these wordes Le Roy le Veult: And if it be an [...] Act which the King will not passe, the Clerke of the Parlement writeth, Le Roy S'aduiser'a, which is a cleane and absolute refusall, and all which was done is void, and cannot bee reuiued in another Parlement without to begin all from the beginning againe. So much for England.

In France all strangers that are not borne within the Kingdome, and reside or dwell in the same,Aubeine in France. are subiect to the right of Aubeine so called Tanquam, Alibi nati: for after their death (if they be not naturalized) the King doth seise vpon all their goods they haue in France, and appropriateth the same to his Exchequer or Finances; without that the said strangers can dispose thereof by Testament or Will, or that their lawfull heires can claime the same, howbeit they may giue them, and dispose thereof whiles they liue, by contracts made betweene them. A stranger also not dwelling within the Realme, yet hauing gotten wealth or meanes within the same, may dispose of it vnto his heyres and others, although they were strangers. Also if a stranger trauelling through the Kingdome of France should chance to die, his heires shall enioy his goods which hee hath left at the time of his decease in France.

But when a stranger taketh letters of naturalization, then may hee get wealth and possessions within the Realme lawfully and freely: which letters of naturalization must be recorded in the Chamber of Accounts, vpon paine of a penaltie payed to the King, and his lawfull [Page] heires shall enioy the said possessions and goods; so as hee be nature of the Realme, or any other to whom the same be giuen by Will or Testament, so as he also be naturalized, as aforesaid.

But Monsieur Papon the Ciuilian saith, That it is not sufficient for one to enioy the same, to bee borne within the Realme, but it must be also of a woman taken in marriage within the Realme: and heerevpon alleageth an arrest or sentence of the Parlement of Paris, whereby a cosin of a stranger deceased, was preferred before the sister, because the cosin was born within the realme, and dwelling in the same, and the sister did not dwell within the Realme, and was borne in another countrey, albeit she caused her selfe to be Naturalized after the decease of her brother, whereof the Court had no regard, because the goods by succession were gotten before, which could not be made void by the Kings Letters Pattents. Monsieur Banquet is of opinion, That a Frenchman being departed the Kingdome, for to dwell in another countrey, that his goods present and to come doe appertaine vnto the King, and cannot dispose thereof by Will or Testament, as it hath beene proued by diuers Decrees of Parlement. The King is Lord of all vacant goods, and therefore wiues and children are to take Letters of Naturalization to purchase their quietnesse. And if any stranger borne and naturalized, should bee out of the Kingdome some eight or ten yeares vpon especiall occasion or otherwise, hee is at his returne to take new Letters of Naturalization, or a confirmation of the former by some approbation.

An obseruable consideration.And herein is a speciall point to bee noted, as a matter of record, that those of Flanders, Millaine, and the French Countie of Sauoy, are not bound to take Letters of Naturalization to dwell in this Kingdome, because the French Kings pretend that the said countreys are theirs, and were neuer alienated by any conse [...]t of theirs, but are countries which at all times haue belongeth to the Crowne of France, who doth acknowledge the subiects to bee true and loyall Frenchmen. But it is requisite if they come to dwell and inhabite within the Realme, that they take Letters of Naturalization, to the end the Officers do not molest or trouble them.

By the premisses wee see, that the Naturalizing in France is farre more compulsorie for Merchants than in England; howbeit that in both Kingdomes, if a stranger Naturalized (after many yeares that hee hath inhabited the same) bee desirous to returne to his father-land or natiue countrey, he may surrender his Letters Pattents, and bee discharged of his oath. (*⁎*)

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CHAP. XIIII. Of the determination of Sea-faring causes.

HAuing now hitherto intreated of the Customes of Merchants, with their Adiuncts and Accidents, and therein obserued Time, Number, Weight and Measure, as also the three Simples and Essentiall parts of Trafficke, with their Effects and Properties: let vs now consider of the Manner and Methode of the proceedings therein, to see by what meanes they are determined and executed; for in the execution consisteth the life of all lawes, and the perfecting of mens actions which aime at some certaine end. For it hath beene well obserued by some, that the actions of a wise man and a foole differ in this,Differences betweene the actions of a wise man and a foole. That the wise haue a regard to the end in what they vndertake, and the foole without consideration permitteth the end to manifest in selfe: whereof ignorant men iudge according to the euent, although the enterprise were neuer so aduisedly taken in hand, and as if the successe did not depend vpon the diuine power, to be guided by his prouidence.

The determination of all causes and controuersies, especially of Merchants affaires is done and executed, as followeth.

1 Concerning Sea-faring causes which are determined according to the sea-lawes alreadie written, and in the premisses abridged,Foure meane [...] to end controuersies. wee shall in this chapter briefely declare the manner of it.

2 The second meane to end controuersies, is by Arbitrators chosen and elected by both parties to end their differences with breuitie and expedition to auoid suits in law, which vnto Merchants are inconuenient.

3 The third meane, is the authoritie of Prior and Consulls of Merchants for the Merchants Courts, according to the priuiledges which princes haue granted vnto them for the aduancement of their trafficke, and maintenance of their Customes, whereof most Iudges are either ignorant, or contented to determine matters accordingly.

4 The fourth and last meane, to determine questions and differences is by the ciuile or imperiall law, or the common law of the kingdome or jurisdiction of the seuerall dominions of princes, according to the fundamentall lawes of them; wherein we are especially to obserue, That the Law-Merchant is predominant and ouerruling for [Page] all nation do frame and direct their iudgement thereafter, giuing place to the antiquitie of Merchants Customes, which maketh properly their law, now by me methodically described in this booke, which alloweth to euerie man and nation his proper right and due, and hureth no man,Three precepts of all Lawes. according to the three generall precepts of all lawes set downe by Caius, and after him by Tribonianus, namely: Honeste viuere, Alterum non laedere, & Ius suum cuique tribuere, whereof the second trieth and ruleth the two other, whereof more hereafter.

Touching the first meane to determine Sea-faring causes, it shall not be needfull to speake much of the definition of an Admirall at the seas,An Admirall. called by the Romanes Magnus Dux Classis, and Drungarius magnus, or Admiratus, from Amiras, a word vsed by the Spaniard to See, or Adelantado, as going before the rest of ships; also by the Italians L'amiraglio, or Admiral in French, because his calling is known to all.

But let vs obserue that for the readier obedience to the great Admiralls of the seas, it is agreed by common consent of all nations, that they should haue (in regard of their power ouer the liues of men) a soueraigne iurisdiction onely proper to themselues,The Admiralls Court. in all Sea-faring causes and debates ciuile and criminall, so that no other Iudge should meddle therewith; and the Iudge of the court, being his deputie, iudicially to decide them by the Aduocats and other Assistants, for the better and iust proceeding of the said court. Also the Admirals clerk is veric necessarie; and herein it hath been thought conuenient, that all Proctors or Attorn'eys of that court should take their oath before they be heard,Adu [...]ates and Proctors, &c. that they shall do nothing maliciously, but as soone as they find their action to be vnrighteous in any part of the proces, they are to tell it to their Clyent, and if the Clyent will insist, then to shew it to the Iudge:The Proctors oath. also that they shall not reueale their Clyents secrets to the aduersarie: and lastly, that they shall not propound, delay, nor be peremptorie against their consciences; and the like oath is to be taken of other officers at their admission.

The causes to be determined in the Admiraltie Court do extend verie far, and many are otherwise decreed or determined, especially by the Merchants Courts,Causes to be determined by the Admiralty and office of Assurances, whereas heretofore the Iudges of the Admiraltie did minister justice vpon all complaints, contracts, offences, pleas, exchanges, assurances, debts, accounts, charterparties, couenants, and all other writings concerning lading and vnlading of ships, fraights, hires, moneys lent vpon hazard of the Sea, and all other seafaring businesses done on the Sea or beyond the Sea, with the acknowledging of writs and appeales from other Iudges, letters of reprizall or mart, to arrest and put in execution, to inquire within and without liberties, by the oathes of twelue men vpon all offences and trespasses, and namely:

First, touching the reuealers of the King and Countrey their secrets ouer Sea, especially in time of warre.

Against Pirats, their assisters or abettors, Outreaders or Receiuers.

Against fortefiers of the Kings enemies, and harmers of friends.

[Page]Against the breakers of the Admirals arrests and attachments.

Against goods forbidden, and merchandise not Customed and yet transported.

Against the resisters of the Admiralls Officers in executing his precepts.

Against Forestallers, Regraters, and dearthers of corne and victualls, &c.

Finally against transporters of Traitors, Rebells, manifest transgressors, and fugitiues from justice, or casters of ballast, sand, or any other thing in harbours or channells, extortioners by ships and boatwrights, for taking away the boigh from the anchor, cutters of cables or towes, false weights and measures by sea, shedders of other mens blood on sea, or in any port, or lamed by misdemeanour, Customers and Water-bailifes taking more custome or anchorage than they ought, for absenting from musterings in time of warre, for all transgressions committed by sea-men, ferry-men, water-men, fishers, pilots, ship-wrights, prest men containing the Admiralls authoritie, and to amerce them for his owne benefit; the goods of pirats, felons, capitall offendors, their receiuers, assisters, attainted, conuicted, condemned, and outlawed, waife and stray goods, wrecke on the seas, and cast goods, Deodando, that is to say, the thing, whether boat or ship &c. that caused the death of a man, or whereby a man did perish;Beacons to giue light on the seas. shares, lawfull prises, or goods of the enemie, or Lagon, Floatson, and Ietson before declared, with the anchorages, beaconages, swine, sturgeon, and whales cast on shoare, & all fish of extraordinarie greatnes, called Regall; of all these the Admirall hath authoritie to deale, correct, and punish according to their deserts, and the lawes prouided for the same by statutes enacted, and all other lawes and meanes before declared.

The Clerke of the Admirall ought to be very skilfull and honest, and is to haue diuers Registers for congees, safe-conducts, pasports, sea-briefes, without which no ship in time of war is to passe,The Registers of the Clerke. nor yet in far voyages in time of peace; another Register for the true knowledge of captaines and masters of ships, and their returne; a third Register for the names of Merchants, passengers, and owners, which the master ought to deliuer vp to haue them inrolled, and all pilots names (although recorded in the office called the Trinitie house) ought to be set downe, and knowne to the Admirals clerke; also all moneys deliuered vpon hazzard, or bottomarie, as is heretofore declared, called foenus nauticum, or pecunia traiectitia.

Now the manner of proceeding in seafaring causes,The manner of proceeding. is according to the lawes aforesaid, or the customes written: and if the debate or cause cannot be determined thereby, the last refuge is, according to the opinion of skilfull and vpright men in their owne trading; but all this must be done, as the law saieth, Velo leuato, so briefely and summarily without the solemnitie of other ordinarie courts and iudgements, onely looking to God and the trueth, and all complaints to be [Page] ended instantly, especially of ship-wrecke; for it were a crueltie to vexe so miserable persons with tedious proceedings: whereupon in this case the Iudges may proceede to execution vpon euerie interlocutorie, and make restitution presently, vpon good caution to be giuen to satisfie the appellation, if any be made. And herein there is a further priuiledge to them: for whereas by the common rules of the law, where no litiscontestation is past, or as we say, bill and answere depending, no witnesse should be receiued, nisi ad eternam rei memoriam, Extraordinary priuiledge. ac aduersario ad id citato, yet in shipwrecke (as a case to bee commiserated) any of the ship-broken-men may come to the Iudge of that part where the wrecke happens, and by witnesse brought with him may make proofe.

And as this is an extraordinarie priuiledge, euen so may merchants ordinarily, and masters sailing together, beare witnesse each one to other of their societie within the ship, if they haue neither to lose or gaine therby; and especially mariners for or against the master when the voiage is ended,Ordinarie priuiledge. and they free of his commandement. For by the consent of the doctors, when trueth cannot be otherwise tried, then vnable persons may be heard. And to the end that trade be not interrupted by vexation of quarrelsome persons, it is prouided, that not onely the common caution Iudicio sisti, & iudicatum solui be kept on the part of the defendant, but also that the plaintife or pursuer shall find caution de expensis soluendis, if he faile in proofe.

Likewise if the partie do not appeare to defend himselfe or his ship after three citations, or foure at the most, called quatuor defaltae, hee is taken for contemptuous: the Iudge may ordaine the Marshall or Officer to put the plaintife in possession by his sentence or Primum Decretum: Prouided that if the partie appeare within the yeare, and pay the costs and expences, he shall be admitted and heard vpon the proprietie: and in like manner, if any attachment be made vpon the ship or goods, it shall vpon caution giuen summarily be heard and determined, for this law of Admiraltie intendeth nothing but expedition for the better aduancement of Trafficke and Commerce. (*⁎*)

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CHAP. XV. Of Arbitrators and their Awards.

THE second meane, or rather ordinarie course to end the questions and controuersies arising betweene Merchants, is by way of Arbitrement, when both parties do [...] make choise of honest men to end their causes, which is voluntarie and in their owne power, and therefore called Arbitrium, or free will, whence the name Arbitrator is deriued: and these men (by some called Good men) giue their judgements by awards, according to Equitie and Conscience, obseruing the Custome of Merchants, and ought to be void of all partialitie or affection more nor lesse to the one, than to the other: hauing onely care that right may take place according to the truth, and that the difference may bee ended with breuitie and expedition; insomuch that he may not be called an Arbitrator, who (to please his friend) maketh delayes and propagateth their differences, but he is rather a disturber and an enemie to Iustice and Truth: and therefore the manner to elect Arbitrators,The manner to choose Arbitrators. is worthy the obseruation. Some are contented to name foure or sixe persons on either side in writing, and referre the naming or electing of foure out of them by reciprocall proceeding, when one named the first person, another the second, and then againe the third, and the other the fourth person. Others putting seuerall names in a paper, are contented that a meere stranger shall vpon the backside of the paper pricke their names with a pinne, or that (as they are numbred) the dyce shall bee cast vpon them accordingly by the number.

Others put their names in seuerall papers, and cause them to bee mingled and drawne by way of lot, by an indifferent person, which course may be thought allowable, as we haue noted in the Chapter of the diuiding of commodities by lots.

Others will doe the same by nomination of them, and drawing of the longest or shortest straw, or by any other extraordinarie meanes of pointing, numbring, or describing, all tending to one end, to haue indifferencie, and that partialitie may be auoided by all meanes.

[Page]Consideration must be had also, whether two, three, or all foure shall haue authoritie to determine the cause,Awards are to be giuen vnder hands and seales. if they can, to bee done within a limitted time, wherein their award is to be deliuered vp, and whether they may name an vmpire, or not; all which must be declared in the Bond of Compromise, vnlesse the question be onely vpon one point to be determined, wherein no Bond is needfull but by way of assumpsit, by deliuering a peece of coyne each to other, and thereby binding themselues reciprocally vpon the penaltie of a summe of money to stand to the iudgement, it is ended.

And the said penaltie or forfeiture by assumpsit may be recouered by Law and the Merchants Courts, as well as the forfeitures vpon Bonds, if the partie doe not performe the sentence or award, if the award be lawfully made:Fiue points to be obserued in awards. to which end Arbitrators are to take notice of the fiue points following, which by the Law doe make void all awards.

1 That the award be giuen vp in writing within the time limited, by the bonds of Compromise made betweene the parties.

2 That there bee limited or appointed by the award, some reciprocall act to be done by each partie to other; which the Law requireth to be Quid pro qu [...], albeit neuer so small.

3 That they make a finall end, and doe determine vpon all the points or differences produced before them by specification or otherwise, if they be required so to doe, and authorised thereunto.

4 That they doe not award any of the parties to doe or performe any vnlawfull act or thing prohibited and against the Law.

5 That they doe not award any thing, whereby any matter alreadie determined by decree in Chancerie, or judgement at the Common Law, or any sentence judicially giuen in the cause, be infringed or medled withall.

These points ought to be obserued for the reasons following: For touching the first, if the award be not deliuered vp in writing vnder the Arbitrators hands and seales, if the condition of the Bond doe so limit the same: then haue they no authoritie to doe the same after the time which is limited vnto them, by the consent of the parties.

For the second point, reason requireth in all humane actions, a reciprocall act from one man to another, by deed of performance, called Quid pro quo, The reason of Quid pro quo. although it were a mans sallarie for his paines; which in some cases causeth men to award, that each partie shall pay so much to the Scriuener or Notarie for writing the said award: but this is no collaterall act betweene the parties, neither is it any matter compromitted to the Arbitrators. It is therefore better to expresse and award, that each partie shall seale and deliuer either, generall acquittances each to other, or with some exceptions therein as the award will lead them.

The third point is considerable, where the differences are by both parties, or either of them deliuered in Articles in writing to the arbitrators; [Page] for herein it is not sufficient to say, That the said arbitrators shall haue power and authoritie to determine all questions, differences, doubts, controuersies, matters of accounts, reckonings, or any other vsuall or generall words, from the beginning of the world vntill the date of the bond: but they must giue their award vpon euerie particular Article, and vpon all of them.

The fourth point, That the Arbitrators doe not award any thing which is vnlawfull, is to be vnderstood of all things which are euill in themselues, called Malum in se, and of things called euill because they are (vpon some respects and considerations) prohibited, and therefore termed Malum prohibitum, as the wearing of hats at all times, transportation of corne, eating of flesh in Lent, and the like; wherein there is a further consideration which requireth a distinction. As for example, an Arbitrator or many Arbitrators doe award,A notable good distinction in Law. that a summe of money shall be payed vnto such a man, during all the time he is vnmarried, is good in Law; but to bind the partie by award that he shall not marrie, because he should enioy the money still, is vnlawfull and void by the Law.

The fifth point is of verie great consequence, to bind the actions of men to the obedience of the Law; whereunto such reuerence is due, that decrees, judgements, and sentences of judiciall Courts of Record, are alwayes of a higher nature than Arbitrators awards. Neuerthelesse in many doubtful questions, the Ciuilians themselues (after long and curious debates) doe assigne them to be determined by Arbitrators hauing skill and knowledge of the Customes of Merchants, which alwaies doe intend expedition: and that is the cause wherefore an vmpire chosen vpon arbitrable matters,An Vmpire hath absolute authoritie. hath an absolute authoritie to himselfe giuen, to end the matter alone without hearing the Arbitrators, if hee will: for albeit this is not without some danger, and that the ending of Arbitrators is to bee preferred; yet breuitie and expedition of justice in Merchants affaires is so much regarded, that by all meanes the same ought to be furthered. Hence it proceeded that the Merchants Courts, gouerned by Prior and Consulls (whereof we intreat in the next Chapter) haue authoritie to reforme or confirme the sentence of Arbitrators,Arbitrators award subiect to the Prior and Consulls. when Merchants will appeale their arbitrement before them, rather than to goe to Law: and with this prouiso, That the appellation of the sentence of the said Arbitrators shall not be receiued by the said Prior and Consulls, before the arbitrement bee performed by the partie that doth appeale, conditionally that restitution shal be made, if there be cause, vpon the end of the processe. And the said Prior and Consulls are to note, that no Merchant nor other, being of their jurisdiction, can transport or make ouer their interest to any person priuiledged, and not subiect to the said jurisdiction, be it by gift, sale, or exchange, or by any other meanes, to the end thereby to auoid their authoritie; vpon paine that the same transports or possessings shall bee of no effect, and the losse of their right and cause. And all notaries who shall [Page] receiue any such transports, shall be punished by the said Prior and Consulls in a penaltie arbitrable: and further shall be condemned to pay vnto the aduerse partie, all his costs and charges which hee hath sustained by meanes thereof.

Reference of causes to Merchants.And to the end this expedition may by all meanes be furthered, the said Prior and Consulls may distribute and referre causes vnto the most ancient and expert Merchants in the matters in question, to make a true report of the state of the cause, according to the allegations and proofe of the parties, without any sallarie to bee giuen to the said Merchants; howbeit in Italy some reward is giuen vpon the Ricorse of Merchants.

These Merchants are to take the aduice of the Aduocate, Councell and Atturney of the said Prior and Consulls in matters difficult, the better to discerne the right of the cause to make their report more compleat, for the sooner ending of it according to reason and right, by the true affirmations of the Merchants, and not by fained, subtile, and craftie writings, which oftentimes do darken the truth, vnder the colour of faire phrases declared in them, causing protraction and delayes.

Difference betweene ludges of the Law and Arbitrators. Marcus Tullius Cicero hath truely set downe the difference, which is betweene Iudges of the Law and Arbi [...]rators, inclining to the most easie and lesse chargeable course, saying, The one is seruile, the other is noble; the one is bound to the Law, and the other is not; the one doth consist in fact, the other in justice; the one is proper to the Magistrates, the other is reserued to the Law; the one is written in the Law, the other is without the Law; the one is in the power, and the other is without the power of Magistrates: howbeit it is not forbidden, but all Iustices of Peace may compound differences, and their authoritie doth inable them better thereunto. And in this regard it is said, That an vmpire doth represent the Lord Chancellors authoritie, because that the Commissioners, report of the Masters and others of the Chancerie, or of Merchants, is the ground worke whereupon the Lord Chancellor doth deliuer his sentence, and maketh vp his decrees. And the said Commissioners haue a further authoritie and power than Arbitrators:Difference betweene Commissioners and Arbitrators. for they may examine witnesses vpon oth, vpon any thing in question where there wanteth proofe, or they may minister the said oath to either partie, vpon pregnant occasions to boult out the truth: the like authoritie haue the Prior and Consulls of Merchants. And moreouer their authoritie doth farre exceed the power of Commissioners: for as Arbitrators haue a determinate power to make an end of controuersies in generall termes, without declaration of particulars; so hath the Prior and Consulls power to doe the like, whereas Commissioners are to giue a reason and declaration of their proceedings to the Lord Chancellor. Finally, the Arbitrators authoritie implyeth a voluntarie command proceeding from both parties, which the Commissioners haue not, but the Merchants Court hath.

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CHAP. XVI. Of the Merchants Courts, or office of Prior and Consuls.

THe third meane to end and determine Merchants questions and controuersies happening in the course of trafficke, is the Courts of Merchants called Prior and Consulls, or Il consolato, as the Italians haue called the same. And here we may say a Merchant is, in loco propri [...], as the fish in the water, where he vnderstandeth himselfe by the custome of Merchants, according to which they are determined: and if he do not, yet as euerie man is taken to be wise in his profession, so may he be admitted to vnderstand them, the rather when he shall truely peruse and ponder the contents of this Booke, which in my loue to Merchants I haue compiled, as aforesaid.

The Ciuilians hauing considered of this Office of Prior and Consulls established in many places of France, Italie, and Germanie,Wherin Prior and Consulls haue no power haue made diuers questions of their authorities, saying they cannot decree any thing contrarie to the law of the land; as that the father shall be bound for the sonne, or the sonne for the father, or any thing that is malum in se, or naturally vniust, or against the publicke good, or that which sauoureth of a Monopolie: neither may they forbid any man to go to law, or order that a worke begun by one shall not be ended by another, without the others consent: neither are they to deale or to determine of any thing but what concerneth merchandising; for other things, as the selling of houses, lands, and the like, doe not appertaine vnto them. True it is, that all matters criminall or offensiue do not belong vnto them to deale in, for there the Kings Atturney is a partie, and hath interest therein, as falsifying of obligations, and bills of debt, or other writings, matters of reproach, or discrediting of persons, theft, and other euill vnlawfull behauiour done and committed by their said seruants, or themselues, or any other Merchant, Factors, or intermedlers in causes of merchandise, as also all others not exercising the trade of merchandise: are forbidden to be dealt with by the said Prior and Consuls, neither are they to deale with the contracts of Vsurie either fained or otherwise vnlawfull, [Page] nor with the Wills and Testaments, or contract of marriages of any persons, or with the interchanging of goods by consent, and all other such like contracts, but onely in all ciuile causes of merchandising. How be it these questionable matters are not of that moment to be discussed, considering that their authoritie is declared and confined by the Charters and Priuiledges made vnto them by Princes and Common-weales, whereunto relation is to be had, and accordingly they are to proceed, hauing a respect to the equitie of the cause. Hereupon Benvenuto Straccha the Ciuilian maketh a treatise, Quomodo procedendum sit in causis Mercatorum, of the manner to proceed in Merchants affaires, wherein are many vniuersall things propounded which are easier, but particular things are commonly more truer, by his owne obseruation;The decrees of Merchants need no other confirmation. and he concludeth that the decrees of Merchants need no other confirmation or approbation.

The oath taken by the said Prior and Consuls to obserue the Law-Merchant is subiect to punishment, if they be perfidious or forsworn, as well as the oath of all other Iudges. And writing de Consulibus Mercatorum, he saieth, That a Merchant may call in question, and begin his plea before them, although it be against one that is no Merchant, if the cause concerne merchandising; and the plaintife herein bindeth the defendant to be iudged by the said Prior and Consulls, be he either a Knight or Ecclesiasticall person, or a stranger not resident in the place. In the like maner all Bankers, Shop-keepers in faires and markets are bound to their iurisdiction for matter of money and Exchanges, or for merchandise.

The plaintife may in other places (where the defendant doth deale or negotiate) be at his choice to begin or commence his suit where he will, but not in two places at one time for one cause, wherein sometimes the penaltie is by him respected to be far greater in one place than in another. Here let vs remember the controuersie betweene two brothers which was aboue fortie-yeares since, called Ioan de la failia, and Iaques de la failia, who went to law in Brabant for manie thousand pounds; and afterwards one of them did commence suit in Flanders being another iurisdiction, whereupon he was compelled to pay a forfeiture of 4000 ll;A fo [...]feiture for a iurisdiction. for in trueth good orders and customes are to be maintained as lawes, and nothing is to be admitted that may infringe the Law of Merchants.

The proceedings before the said Prior and Consulls is by Libell or Petition, or by Declaration; wherein let vs note the difference set downe by the said Ciuilians.Difference betweene a Petition and a Declaration. The Libell or Declaration is to be made with all the forme vsed in law, as well for the matter of fact, as the matter of law. But in a Petition the forme is not needfull, so the substance of the matter be well expressed, especially the summe which is demanded, or the goods being lent, or vniustly detained, must be specified; and if it be for money owing for merchandises, or lent, it must be declared, otherwise the Consuls will reiect the Petition as impertinent; albeit some triuiall errors in Petitions are to be [Page] tollerated, and the partie is to be (by the Merchants Law) relieued.

They are to proceed summarily in all their actions,Summarie proceeding. to auoid interruption of trafficke and commerce; and they are to respect plaine and sincere dealings amongst Merchants, with a consideration to construe all things to be done bona fide, so that trust may be preserued amongst them; debarring (as much as in them lyeth) the exceptions of Prescription, Excussion, and of promises made without consideration, quod nudo pacto promisisti, and the like; in so much that many times a woman is admitted to be a procuratrix, contrarie to the Ciuile Law:A custome contrarie to the ciuile law. and all other exceptions vpon plaine bills and obligations are set a part, and the trueth is hunted after, and all exceptions proceeding of Iustice and Equitie to be considered of.

The paying of Customes, Impositions, Factoridge, Portage, Carriage, and the like charges are much to be respected by them, as also the execution of Wills and Testaments.

The publication of witnesses before them, is without delay; and no more witnesses are to be examined after the time of few daies limited, is expired:Sentences of the Prior and Consulls. but sentence is immediatly to bee giuen in writing, after pronunciation cleerely made by them, according to the proofe and allegations, vpon paine to be punished by the higher courts, and in Fraunce by the court of Parlement, vpon reformation of their decrees.

The manner of this summarie proceeding is so briefe, that vpon comming of the parties before them in person, or by their Atturnie, they are presently to nominate their place of residence, or else there is refusall made of their petition or demaund; then there is but one delay admitted, and in the acknowledgement of bills of debt or obligations there is admitted but one default: after which the bill is held as confessed and auileable,The authoritie of Prior and Consulls is greater than the authoritie of any Iudges. wherein their authoritie is greater than the authoritie of all other Iudges. For their said ordinance doth extend but to the adiourning of persons, and the said Prior and Consulls vpon one onely default, and notice left at the lodging of the offendor may auerre all bills, and declare the same to be payable; which notice is to be done by the messenger or serieant of the said office, by fixing the copie of the demaund vpon the doore, if he cannot find the person, and by one witnesse or two to be affirmed; and hereupon they may seise vpon the parties goods, if his bodie be absent and cannot be imprisoned to pay and satisfie their said sentence and decree; and th [...] goods by them seised (vpon once warning giuen) may be sold by them to that end. If opposition be made against the seising, sale, or deliuerie of goods, or against the cries, or interpositions of decrees, or against any other chiefe point, where opposition may be admitted, (justice remaining duely garnished) the parties so opposing themselues shall be sent to their Iudge, and chiefe men of their prouince, to declare before them the causes of their oppositions.

And if the partie adiourned do offer suretie, yet notwithstanding he shall be caused to garnish, and lay downe caution; and then haue [Page] power to call his suretie; so that the sentence or iudgement to be giuen, shall be against the principall debtor for the principall summe, and against the sureties for the charges, dammage, and interest only: and this suretie is lyable after one default also, vnlesse he put in a third man for suretie, to whom also but one default can be allowed. How be it that [...]ll delaies are left to the discretion of the Prior and Consuls,A diournmēts and delaies v [...]ed. who will admit none but vpon verie pregnant cause: and if they find to haue granted any delay vpon vntrue suggestions, they may impose a forfeiture vpon the partie according to their discretions, and the qualitie of the cause and persons; and in the proceedings there may be two citations and adiournments sometimes vsed by them,Inquiries vsed. especially vpon inquiries, where the witnesses are admitted with the priuitie of the aduerse partie being called thereunto; otherwise all the proceedings are of no value. The inquiries are to be done within a limited time, and may once bee prolonged vpon especiall cause, and not otherwise. All lawfull proofe must be done before them summarily within three daies, without any further protraction, vnlesse there be manifest contradiction, and that by default thereof, they pay the penaltie to be imposed.

Penalties imposed.The like penalties are to be imposed, if the parties do produce any friuolous thing in writing; for there is alwaies expedition and breuitie intended in all their proceedings.

The Registers O [...]ice.The Register of the said Prior and Consulls, is to keepe a little inuentorie of all the writings that shall be produced, and shall cause the parties that doth produce them, to write their names vpon euery one of them: and the said Register is not to take out any coppie of matters of moment out of the Inuentorie of the said writings, neither for the one partie nor for the other, but onely the cause, and the end, wherefore the said writings are produced, vpon a penaltie &c.

C [...]arges and da [...]ages to be taxed &c.All charges and damages shall be taxed by the Prior and Consuls, and be paied, or the partie imprisoned not to be released without the consent of the partie. And for as much as this course to determine causes, is the shortest and most peremptorie of all deuises, inuentions, and meanes which can be imagined, I haue thought conuenient to set downe the French Kings Edict concerning the same, as the most compleat.

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An Edict made by the French King, concerning the Court and Authoritie of the Prior and Consulls of Roan.

HENRIE, By the grace of GOD, King of France; To all manner of persons of what estate soeuer, greeting. As We haue bin heretofore aduertised, that Our Citie of Roan is one of the best Cities in all Our Kingdomes, by reason of the scituation and aptnesse for all commerce and trafficke, where diuers Merchants (as well of this Our Realme, as of many other Nations) doe vsually hold an entercourse of buying and selling: for the continuance and propagation of which Trade, there hath of late (by Our Letters missiue) beene erected and established in the same Citie, a Common Place for Merchants and their Factors, to assemble themselues in twice euerie day at the houres accustomed, to dispatch their affaires and negotiations in such manner as is commonly vsed in the Change at Lyons,Change at Lyons, Bourse of Thoulouze. and the Bourse at Thoulouze, to the intent that the forraine commodities of other countreys, may more readily be transported and exchanged away, with those which Our owne bringeth forth.

Be it therefore knowne to all men, That We (through our ardent zeale and desire that We carrie to aduance the generall good of Our said Citie of Roan, and to augment the common benefit and ease of all Merchants negotiating there, and in all things possible to gratifie them, that they may not bee distracted and drawne from their affaires and businesses into sundrie courts and jurisdictions, by meanes of suites and variances arising at any time about their trafficke) by the deliberate aduice of Our priuie Councell (together with diuers Noblemen and Princes of Our blood) besides other great and honourable personages, of Our owne proper motion, assured knowledge, and regall authoritie haue approoued and confirmed, and by these presents doe approue and confirme the making and establishing of the said Common Place in that Our Citie of Roan, instantly ratifying the same in all points with the Change of Lyons, and Bourse of Thoulouze.

Willing and ordaining, and Our pleasure is, That all Merchants, Factors, and all others of what Nation soeuer, may assemble themselues in the same twice euerie day at the houres accustomed, and in their meetings shall freely vse their trafficke, and passe their businesse, as well by exchange as otherwise, not onely in the same place,License to exchange. but also in any other whatsoeuer within the liberties of Our said Citie of Roan, when and where they shall thinke good, with all assurance and safetie to their merchandise: and withall those priuiledges and [Page] liberties, which Merchants trading to Our Townes of Lyons and Thoulouze doe enioy and vse, according to the grant of Our predecessors Kings of France, and of Vs.

Furthermore We will and ordaine, That the Merchants of the said Towne of Roan (frequenting the same place) shall euerie yeare cause a societie of Merchants to bee in the lodge of the said Bourse, or in any other place in the said Citie, and at such time as they shall thinke good: in which meeting they shall chuse out of the said number, three officers, viz. A Prior and two Consulls to remaine [...]n their authoritie for one yeare, and so yearely to bee changed, and there new to bee elected according to the ordinarie forme of most voyces,Indifferent election. not onely the Merchants of the Citie of Roan, but also the Merchant strangers, being to be present and assistant in the said election: which election and nomination being fully ended, the said Prior a [...]d Consulls shall haue present power in them to take knowledge, & to giue judgement betweene all men of what estate, qualitie, or condition soeuer they be, of all suits, controuersies and differences touching matters of merchandising or buying and selling in such manner as the Conseruator of the Faire at Lyons, and the Prior and Consulls at Thoulouze doe, as well for Obligations, Bills of Debt, Receits, Blankes signed, Bills of Exchange,Generall and particular associations. answeres by sureties, associations of Merchants (either generall or particular) assurances, accounts, transportations, bargaines, and partenerships for matters aforesaid, or any thing belonging therevnto, with as full strength, and according to the iudgements and condemnations of the said Conseruators of Lyons, and the Prior and Consulls of Thoulouze. And that the judgements and sentences, decrees and ordinances, commissions and commandements of the said Prior and Consulls of Roan, by speeches, prouisions, or definitiues shall stand in as much force and effect, for any matter judicially determined, as those causes which the Conseruator of Lyons, and Prior and Consulls of Thoulouze, and others of Our Iudges doe decide. And the same shall be executed by Our Serieants and Officers, in such manner and forme, as they are in their behalfe aboue named; either by committing to prison,The manner of executions. or by inflicting seuere punishment, if it bee so decreed and ordained; and to that end shall Our Messengers and Officers bee bound to performe the executions. Our Gaolers and Keepers of Our prisons shall likewise be bound to receiue and keepe all such prisoners in such manner, as if they were committed vnto them by Our abouesaid Iudges, and with the like bond and penalt [...] (if any escape happen) as they be bound to keepe the prisoners by the authoritie of the said Iudges: For so We haue enioyned, and doe enioyne Our Messengers and other Officers, Gaolers and Keepers of prisons, vpon such penalties as the case shall require, and according as by the said Prior and Consulls shall bee set downe and declared without any default, according as the offence committed shall require.

Moreouer, Wee haue permitted and doe permit Our said Prior [Page] and Consulls to take vnto them 20 of the said Merchants, or more, or lesse as they shall thinke reasonable to assist them in their proceeding and judgements in causes of Merchandise, Bills of Exchange,Ayde in their execution. assurances and differences as aforesaid: and to cause to be executed their sentences, judgements and ordinances of pawnes and consignements, prouisions, seizing of goods, and all their other condemnations sentences or appointments to proceed therein by cries, proclamations, giuing notice to themselues, or leauing notice at their houses by proofe, sales, dipositings, deliueries, and execution definitiue as the case shall require.

Likewise We giue them power to direct the same processe,Summarie proceedings. and to proceed therein according to their ordinances, as well in matters summarily, as by prouision; as acknowledgement of Bills, subscriptions, and Bills of exchange.

And the like in acts of Pawnes and Consignements by one onely fault duely proued, by summoning the person at his house, or fixing there a copie of the commission or processe in all places where it is lawfull to be done. And touching other matters, where two defaults shall be made or summoned in person, they shall proceed, obserue, and keepe the course according to the Kings ordinances. And for all matters wherein they shall giue sentence of execution according to their knowledge. Wee will and doe permit them, as aforesaid, to cause the execution to passe in all places of Our Court of Parlement at Roan, and in all other places of Our Kingdome where need shall require, without any disturbance or let to be done by any of Our Iudges, Iustices, or Officers either against them or their deputies; neither shall they let or hinder any summons or arrest, exploit or assignement to be done before them.

And to giue their assistance, in all causes appertaining to their knowledge touching matter of trafficke, and all things therunto belonging, against all merchants trading in Our said Citie of Roan, and as touching their Factors, dealers and intermedlers, of what qualitie soeuer they be (sent by them into diuers Countreys, Regions, and Prouinces, as well within as without Our Kingdome, Countreys and dominions vnder Our obeysance, for the cause of trafficke, merchandising, and doing of businesse, and all other things thereunto belonging.)

Wee will and ordaine,Constraint to bring their Ca [...] les, &c. That they may bee constrained to bring their causes and proofe for all matters aforesaid, before the said Prior and Consulls for the time being, or that shall heereafter execute these offices, bee it either for the rendring of account and satisfaction of part or of whole, or condemnations in penalties, or other condemnations for amends for trespasses, and of all other things that shall be requisite concerning and belonging to the trade of merchandise, according as they shall deserue, whereof Wee haue permitted them, and doe giue them power to vse the forme, euen as the said Conseruator at Lyons, Prior and Consuls of Thoulouze, and other Our Iudges doe. And to cause execution to be serued on [Page] the offendors, either by arrest, attachment of goods, and sale thereof, or by imprisonment of the parties condemned,Prohibition to other Iudges. euen as they shall thinke good, inhibiting all Our Iudges to presume to take knowledge of any matter or plea thereunto belonging; which Our command Wee will bee notified vnto them, and vnto whom it shall appertaine, by the first of Our Officers or Serieants that shall bee required, whom Wee enioyne to performe the same accordingly, to the intent that all those charges and extraordinarie expences, which Merchants may bee put vnto in following their suits against their Factors and dealers before many Iudges, might by these meanes be vtterly auoided.

Furthermore Wee haue permitted, and doe giue authoritie to the said Prior and Consulls,Halfe of the forfeitures to the Prior &c. that all such penalties of moneys as by them shall be inflicted vpon men for contempts or any other offences shall be forfeited, the one halfe to Vs, the other halfe to the vse of the said Common Place or Bourse of Roan to supply the wants thereof: allowing them likewise absolute libertie and power to chuse and constitute one Councellor,A Councellor and one Atturney. and one Atturney, who shall by all lawfull means, labour the benefit and aduancement of the said place, and shall defend the same, to direct their proces and causes, as well before the said Prior and Consulls, as before all other Iudges.

And to the end that the Merchants may assemble themselues, as well to consult of their common affaires, as to constitute the said Councellor and Atturney, without being subiect to repaire to Vs or to Our Iudges for leaue when need shall require; Therefore all such judgements as shall passe before the Prior and Consulls, being sealed with their Seales, and signed by a Register by them appointed, be it by imprisonment, sale, disposing of goods or otherwise, shall be held for reall and lawfull, being past in manner aforesaid, without any constraint to haue Our further commission or liking, euen according as was permitted by Our most honourable Our Father the King, vnto the Merchants of Our Citie of Lyons by his letters Patents giuen in the moneth of Februarie,Appeale to the Parleme [...]t. in the yeare of Our Lord 1535; reseruing vnto Our said Court of Parliament, at Our said Citie of Roan for a last conclusion, and by appeale, the jurisdiction and knowledge of the said discords and differences.

And to the end that all such appeales as shall proceed by reason of the iudgements and sentences that shall be giuen and declared by the said Prior and Consuls, may be speedily and without delay ended in our said court, Wee haue ordained, and doe ordaine, inioyne, and commaund all Our louing and tru [...]tie Presidents and Councellors (holding Our said court of Parliament) to declare to the said Merchants without delay one day in euerie weeke, such as they shall thinke conuenient, to heare, determine, and dispatch the said appellations, by order of roll for that purpose ordained.Iustice with all expedition. And in regard of the processe by writing, there shall be one other roll made a part, to the end that the said appeales may be ended in the same day, to [Page] auoide the prolonging of suits, to the ruine and consuming of the suiter. And to the end that the said place of meetings of the Merchants twice a day, may be quiet, and without disturbance, Our pleasure is, and Wee do straitly commaund, that none of Our Serieants and Officers presume to enter into the same place,No arrest to be made vpon the Burse &c. not to make any arrest (for any cause) of any person whatsoeuer, during the time of those two accustomed houres of meeting. And if such arrest should bee made during the said houres, Wee haue declared heretofore, and doe declare at this present, the same to bee void and insufficient, charging all Our Iudges not to haue any regard thereunto.

And as Wee are informed, that the trade of Assurances is of late greatly aduanced by the Merchants of the said citie of Roan, (a worke so honourable that it doth euen beautifie and greatly aduance the trade and commerce of the said citie,) Wee (to the end those said pollicies of Assurances, and all other writings thereunto belonging may receiue full vigour) haue permitted, and doe permit, that all Merchants frequenting the said place (both now and hereafter to come) to assemble themselues at all times when it shall be needfull, to chuse and nominate, according to the most voices, one Merchant amongst them (such a one as they shall thinke meet, being a man trustie and expert in the knowledge of the trade of Assurances) who shall make and register the said pollicies,A Register for Assurances. whereunto the Assurors shall set their hands, at all times hereafter in the said place and liberties of Roan, when it shall please the Merchants; whose office shall likewise be to draw forth accounts of such arrerages as shall happen (being thereunto called) receiuing for his paines and time spent about the businesse of the same Assurances, according as it shall bee thought meete by the said Merchants, and keepe a perfect and true Register of the same Assurances. To the which Register and Copies thereof, and all other Acts and Writings by him made, concerning matter of Assurances, and by him signed, Wee will and ordaine, that all manner of credit shall be thereunto giuen, before all Iudges, and others to whom it shall appertaine: without that any other person or persons shall haue to do, or meddle in the said busines of Assurances, or any thing thereunto belonging, vnlesse he be before chosen and admitted thereunto by the said Prior and Consuls, and by the said Merchants as aforesaid.

And Wee doe commaund and giue in charge to all persons holding Our courts of Parliament, great Consells, Admiralls, Vice-Admiralls, Stewards, and their deputies, and to all other Iudges and Officers whom it shall concerne, that you do cause to be read, proclaimed, and registred this Our present Will, Declaration, Permission, and Ordinance, and the same to be obserued and kept by all them accordingly, that the Merchants may vse and inioy the force and benefit thereof, plainely and peaceably without any contradiction. Moreouer Wee doe charge and commaund Our Atturney generall, [Page] that he do with all dilligence cause all these things to be plainely and truely executed, and that he do certifie vs of his diligence so done; for such is Our pleasure, for that of Our meere motion and power, Wee will haue it done, and that notwithstanding any ordinance, customes, statutes, priuiledges, commandements, defenses, or letters to the contrarie, the which in this cause without doing preiudice to other causes, Wee haue made void, and doe make void. And for that men shall haue occasion to vse this Our grant in diuers places, Our pleasure is that credit shal be giuen to all such copies as shal be made by any Our louing and trustie Notaries and Serieants, Secretaries, or vnder, in ample manner as to the originall: and to this effect, We do giue you full power, authoritie, and especiall charge and commission, by these presents commaunding all Our Iustices, Officers, and subiects, to obey you in this case. And to the end this may remaine established for euer (Our owne right in all other causes reserued) Wee haue hereunto caused Our seale to be put. Giuen at Paris in the moneth of March, and in the yeare of Our Lord 1556, and the tenth yeare of Our raigne: signed by the King then in Councell, and sealed with greene waxe, with red and greene silke lace.

CHAP. XVII. Of the Lawes of seuerall Countries, whereby the Differences and Controuersies of Merchants are determined.

THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke, are the imperiall Lawes, or the fundamentall Lawes of kingdomes and common-weales, where the Merchants court of Prior and Consulls is not established, whereof the Merchants ought not to beignorant; so that in the description of them, it is conuenient to make some declaration, for the Merchants satisfaction, appertaining to their busines and negotation.

[Page]All lawes are tending in substance to the vpholding of trueth, maintaining of justice, to defend the feeble from the mightie,Finall end of the lawes. for the suppressing of iniuries, and to roote out the wicked from amongst the good, prescribing how to liue honestly, to hurt no man wilfully, and to render euerie man his due carefully, furthering what is right, and prohibiting what is wrong; summarily to be vnderstood according to the saying of our sauiour Christ.

What you will haue men to do vnto you, do the same vnto them.

Mat. 7.21. Luke 6.31.

Which Alexander Seuerus the Emperor, did expresse thus: ‘That which you will not haue done vnto thee, do not vnto others.’

And to this purpose, let vs note three sorts of lawes, namely:

The law of Nature, whose vertue is alone,Law of Nature and the same euery way in all, or rather a verie notice of Gods law ingraffed in the mind of man.

The law of Nations, which consisteth of customes, manners,Law of Nations. and prescriptions, being of like condition to all people, as we haue before declared.

The Ciuile law, which is an abridgement,Ciuile Law. derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature, and is termed Peculiar, vsed by one kind of people, called the the Imperiall Law.

Out of these was the common-law of England made, whereof we are now first to intreate, and therein to be somewhat prolixe, for the better vnderstanding of Merchants, the rather because the lawes do binde all men to Knowledge, Obedience,The law bindeth all men to knowledge and obedience and Punishment: for indeed no man may breake them, no man may be ignorant of them: and lastly, no man may iudge of them, but according to them; and therefore it is said, that Iudex is taken à iudicio, non iudicium à Iudice: and more especially, because this booke (as you may find) is more exactly calculated (as the Prognosticators say) for the Meridian of England, howbeit it may serue for all other countries and places of trafficke and trade.

Of the Common-Lawes of the realme of England.

THe Common-Law of England is taken three manner of waies, viz.

1 As the Lawes of the realme, disseuered from all other Lawes;The treatise of Doctor and Student. which is the cause of the often arguing in the Lawes, what matters ought of right to be determined by the Common-law, or what by the Admiraltie court, or by the Spirituall court.

2 The Common-law is taken as the Kings court of Kings Bench, or Common pleas.

[Page]3 By the common-law is vnderstood such things as were law, before any statute made in that point that is in question, whereby that point was holden for law, by the generall and particular customes and maximes of the realme, or by the law of God, and the law of reason, whereunto the kings of England at their coronation, do take a solemne oath to obserue the same, and all which the inhabitants of England successiuely euer obserued,Fiue nations in England. namely Brittaines, Romans, and then Brittaines againe, and then Saxons, Danes, and Normans.

Commendation of the common law.Now whereas the Law-Merchant requireth breuitie and expedition, all men of iudgement will confesse, that (hauing seene many deuises, edicts, and ordinances, how to abridge processe, and to find how long suits in law might be made shorter) they neuer perceiued, found, nor read as yet, so iust and so well deuised a meane found out as this by any man in Europe, albeit that the shortnesse thereof is such, that if a man haue many peremptorie exceptions,Peremptorinesse of the common-law. which can make the state or issue of his cause, he shall be compelled to chose one exception whereupon to found his issue, which chosen, if he faile by the verdict of twelue men, he loseth his action and cause, and the rest can serue him for nothing.

Antiquitie of the common-law.Great is the antiquitie of the common-law of England, and the triall of Iuries by twelue men: for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire, Wilreshire, Dorsetshire, Somersetshire, and part of Glocestershire; and also the same law was vsed amongst the Saxons which ruled Marshland and Medland, that is to say, the countries of Lincolne, Northhampton, Rutland, Huntington, Bedford, Oxford, Buckingham, Cheshire, Darbie, Notingham, and part of the shires of Glocester, Warwicke, Hereford, and Shropshire, at such time when the land was diuided into seuen kingdomes, all of them being at that time inhabited with diuers nations, namely Picts, Scots, Danes, Normans, Vandals, and Germanes; all which haue continued the proceedings of the law, vntill the time of William duke of Normandie who conquered the same.

This William the Conqueror had the quiet possession of this land, and caused (amongst other lawes) the Dane lawes to be collected, which ruled in Deuonshire and Cornewall, and a discreet view to be taken of sundrie lawes, whereunto he did adde some of his Norman lawes to gouerne the people of the land, now called England; in so much, that concerning the antiquitie of the laws and customes aforesaid, they were long before vsed by the Saxons first gouernment,Ann [...] 1198 ante Christum. nay by the Brittaines themselues, which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ, being now in continuance aboue two thousand and eight hundred yeares; for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue: and after that we find that king Lucius and king Alfred caused the continuance thereof.

The said Common Lawes are properly to bee taken to consist of [Page] the ancient Maximes of the said Lawes, of the statute Lawes & Booke Cases, which are yearely obseruations vpon manners, and may be called Responsa Prudentum, comprehending therin the Municipall Lawes,Municipall Law, as gauelkind, &c. which is proper to all Kingdomes and Gouernments, as an exception to the fundamentall Lawes thereof; wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall, though there be no bookes for it. For the principles which are taken from the Law of God and Nature, or Reason, are many more, than those which are of man, and giuen by the absolute discretion of the Iudge. And concerning the prudence of the Law, which holdeth this Maxime, That it is better to suffer a mischiefe,A Maxime in Law. than an inconuenience, attributing the word mischiefe vnto one or some few men, and the word inconuenience to all persons, or the common-wealth in generall. And here let vs obserue, That ‘Of the Common Law of England, there may bee made an Art or Science.’

Consider we, that Ars est causarum consideratio, Definition of Art. ex finibus assumptis: Art is the consideration of causes from certaine ends propounded; according to which definition an orderly consideration must be taken of the causes, which cannot be without Art: For Art maketh nothing but of things alreadie made, putting a dictinct determination, which is done with a reformed reason properly called Logicke; which (as it is the instrument of all Sciences) so is it also the instrument of the Law: and although the Law be now infinite in Practise, yet is the same finite in Precepts. So that as, In infinitis omnia concurrunt, The Law being finite in her principles, may easily be compiled or incorporated; and experience teacheth, that it is easier to vnderstand many principles well put together, than to put many principles well together, whereby a man may vnderstand the Law, hearing the same deliuered by a Lawyer; yet this may be done by wisemen.

For we haue our finite originalls or elements, acts, persons, things, and their adiuncts, and concerning them, finite reasons, of which we doe compound cases infinite; yet are all those cases decided according to the finite reasons of the finite elements. So hath the Phisitian finite simples, though hee doe make infinite compounds, yet are they all proued good or bad to that whereunto they are prepared, by reasons drawne from the finite simples.

Now by the elements of the Law,Elements of the Law. we must vnderstand matter and forme, not as in things naturall and compound, but Modo & forma, as they speake: so in all cases, there is matter of Law, matter of Fact, or both, and the twelue men or jurors, are onely ordained to trie the matter of Fact, for they are ignorant in the Law; so that if the question be of the Law, that is, if both parties doe agree vpon the Fact, and each doe claime that by Law he ought to haue it, and will still in that sort maintaine their right, then it is called a Demurrer in Law,Demurrer in Law. [Page] which is determined by the Iudges: So that if all cases were reduced vnder these few titles, namely, Pleas of the Crowne, of Right or Title of Land, of Debt, of Trespasse, of Account, of Trouer, and of the Case: Then might the matter of Fact bee brought nakedly before the jurie distinguished from the matter of the Law. For all Cases are either criminall or ciuile,Cases criminall, reall, and personall. or criminall, reall and personall, for life, honour, and goods or lands: and it is an easie matter to describe the nature of these and the like actions, the Law being singular in her distinctions, which would diminish the practises thereupon: whereas by the Ciuile Law the Fact is first examined by witnesses,Originalls by the Ciuile law. indices, torments, and the like probations to find the truth thereof; and that done, the aduocats doe dispute of the Law, to make of it what they can, saying, Ex facto, ius oritur, which is long and tedious.

The pleading of generall Issues, with addition of the words, Modo & forma, maketh the matter difficult many times, when the jurie conceiueth that this meaneth some matter of Law, when it is onely matter of Fact: the jurors therefore are principally to looke whether the Issue and Euidence doe concurre, which they ought to follow. True it is there is sometimes matter of Law which altereth the Case, when there must be proued a lawfull consideration of Quid pro quo, Nudum pactum what it is. otherwise it is Nudum Pactum ex quo non oritur Actio; wherefore I haue seene some Pleas plainely distinguishing the matter: so that the jurie might perceiue the naked Issue of the Fact before them in question, with all the circumstances which is sometimes done by way of Replication.

There is a Maxime or ground of the Law of England, That if the defendant or tenant in any action, plead a plea that amounteth not to the generall Issue, that hee shall bee compelled to take the generall Issue,The pleading of generall Issues. and if he will not, he shall be condemned for lacke of answere. The generall Issue in Assize is, That hee that is named the disseisor hath done no wrong, nor no disseisin: and in a Writ of Entrie in the nature of Assize, the generall Issue is, That he disseised him not; and in an action of Trespasse, That he is not guiltie, and so euerie action hath his generall Issue assigned by the Law, and the partie must of necessitie, either take the generall Issue, or plead some plea in the abatement of the Writ: and the cause why this is done, is because the matter of Law should not bee put to the triall of the jurie of twelue men.

Mr. Fortescue saith, That the triall of twelue men is more indifferent than the triall before a Iudge, because it is an easie matter to find out two men among a number of men, that may be of the parties acquaintance, so void of charitie and conscience, which for dread, loue, or profit will be readie to gainsay all truth: and to this purpose he alleageth the example of the two witnesses against Susanna, according to which president the witnesses are to bee examined asunder, and not in the hearing of one another, as is now accustomed. And if their oath touching the matter of Fact were recorded briefly, [Page] the Euidences would be more certaine, for witnesses would be more carefull, vpon which the oath of the Iurie dependeth.

If the action bee locall of lands or houses,Proceeding [...] of Iurors. the Iurie is impannelled of men, from as neere as may be to that Countie where the thing in controuersie lyeth; neuerthelesse the defendant may take exception against some of the Iurors, albeit for little or no cause, and then others are taken in place, for there are twentie fore men warned, but twelue is sufficient, vnlesse it be vpon an Action Reall, where twentie foure must be empannelled. And the oath giuen to Iurors is, That they shall deale iustly and truely betweene partie and partie; but the witnesses are to speake the truth, the whole truth, and nothing but the truth, and so they take their oath. And to the end the proceedings in Law should not be hindred, therefore if the Iurors fall out not to be full in number,Decem Tales d [...] circumstantibus. then the Sherifes may take Decem Tales de circumstantibus, and empannell them, that is, To take other persons of the standers by, which is done before the Iudge at the time of the Triall.

When the Iurie haue deliuered vp their verdict,Verdict, Iudgement, and Execution. if nothing bee alleaged in respite of judgement, then judgement is had of course; and alsoe execution is awarded to bee executed as the finall end of Law.

Neuerthelesse there are three meanes to dissolue the said judgement and execution, namely, By a Writ of Attaint, a Writ of Error, and an Audita Quaerela, which Writ is grounded vpon Equitie by Law and Conscience.

The Writ of Attaint is not onely tedious and thargeable,Writ of Attaint. but also neuer or seldome tried: for the same is brought by the partie grieued, against the twelue men, and the partie for whom the sentence is giuen. And whereas before commonly vpon the first enquest, they be all Yeomen, or men of meane calling: now vpon this Attaint must goe twentie foure Gentlemen of greater qualitie, and fortie eight must be warned to appeare; then there must in the Attaint no more euidence be brought in, but onely that which was brought in and alleaged before the first enquest, which not appearing of record is hard to bee made a plaine matter: againe Gentlemen and others are loth to discredit their neighbours; yet if the matter bee so apparant, that they must needs find them attainted; then meanes are found to deferre the judgement, and it may bee the parties shall be brought to an agreement, or at the least one of them that was of the attainted Iurors will dye in the meane time, and then the Attaint ceaseth: yet in this case if the partie be in prison which brought the Writ of Attaint, he may be bailed, as is in Natura Breuium.

The Writ of Error is more easie,Writ of Error. and was heretofore vsuall to prolong suits in Law, before the Statute of Ieofaile was made, meaning in good French I'ay failly. For euerie small Error, if it were but false Latine, would ouerthrow a Cause; but now it runneth into another extreame, for if the partie grieued speaketh in arrest of judgement, [Page] and sheweth some materiall Error, vpon motion made, the aduerse partie may haue it amended as often as Errors are opened: the Record therefore ought to be first remoued, and not onely by transcript be put into another Court, but the partie is to plead thereunto, in nullo est erratum, and then the danger of opening Errors is past, if there be no trickes vsed in amending of the Records vnder hand, wherein lyeth a Cerciorare to satisfie the Court, where the Record is brought, namely, from the Common Pleas to the Kings Bench Court, from the Kings Bench to the Exchequer, which heretofore was done in Parlement: and therefore the partie grieued and in prison of the Kings Bench cannot be baileable vpon a Writ of Error after judgement and execution, as hee is vpon a judgement of the Common Pleas, in the Court of Kings Bench; for this Court of Kings Bench, in regard of the Pleas of the Crowne, challengeth some prioritie herein.

The Writ of Audita Quaerela.The Writ of Audita Quaerela is graunted out of the Kings Bench Court, if the judgement doe depend there, and returnable in the said Court, or else out of the Chauncerie returnable in the Kings Bench: whereupon the Lord Chancellor taketh foure bailes in the vacation Time, before a Master of the Chauncerie, and the matter doth meerely depend vpon the baile. The suggestion of the Writ in matter of Law, is a later contract after judgement and execution; an escape in Law, if the prisoner bee by the Gaoler permitted to goe abroad without the Kings Writ, or if he breake prison, in which case the Gaoler is to pay the debt; or vpon a payment made since the execution; also a wrong recouerie by an executor, whom the Prerogatiue Court doth afterwards disavow. Such and the like suggestions are to be tried by another Iurie, vpon euidence to be produced to proue the said allegation.

A strict Law.This Common Law is so strict, that the Prouerbe is, Summum ius, summa iniuria: for example, If a man seized of lands in Fee, hath issue two sonnes, the eldest sonne goeth beyond the Seas, and because a common voyce is that hee is dead, the yonger brother is taken for heite, the father dyed, the yonger brother entred as heire, and alienateth the land with a warrantie, and died without any heire of his bodie, and after the elder brother commeth againe and claimeth the land as heire to his father: in this case by the Law, the eldest brother shall be barred by the warrantie of the yonger brother. Againe, parteners cannot sue each other by the Law:Parteners cannot sue each other by the Law. if two men haue a wood ioyntly, and the one selleth the wood, and keepeth all the money wholly to himselfe; in this case his fellow shall haue no remedie against him by the Common Law: for as they when they tooke the wood ioyntly, put each other in trust, and were contented to occupie and deale together; so the Law suffereth them to order the profits thereof.

The Law therefore is not compleat without the Courts of Chancerie or Equitie, for the imperfection and rigour of it, are qualified thereby, called to be Aequum & Bonum, which may bee considered in [Page] this case. Two strangers ioyntly did deliuer in trust vnto a widow woman a round summe of money, with condition not to deliuer the same out of her hands, but when they both should demand the same: within a while after one of them commeth vnto her, and doth assure her by good indices and probabilities that the other his companion is dead, and thereupon doth intreat her to deliuer him the money; which shee did, not suspecting any fraud, so the partie went away with the money. Afterwards commeth the other (who was said to be dead) and demandeth the money of the woman, and vnderstanding that she had paied the same vnto the other, was much offended therewith, and caused her to be adiourned before the Iudge: The woman appearing did declare the matter according to the truth, shewing how the other had deceiued her, and she did wholly relie vpon the integritie and justice of the Iudge.Example of Law and Equitie. Here an Action of the case might haue beene brought against the woman by the law, and cause her to seeke the partie that had deceiued her: but the Iudge tempering the rigour of the law, did giue sentence, That the woman should pay the money vnto the partie, so as he brought his companion with him to demaund the same, according to the couenant, they both iointly hauing reposed a trust in her.

Here I call to mind the question which no Iudge could determine: A couetous Doctor at the Ciuile law would not instruct a young Student, vnlesse he did pay him a great summe of money, whereunto the Student did condescend, conditionally that he should haue the first cause (he tooke in hand) to go on his side: whereupon it fell out, that the cause betweene him and the said Doctor was the first cause, and so there could be no proceeding therein, the Student pleading the condition in barre.

The court of Chauncerie is properly called a court of Conscience, because it reasoneth on the part of the complainant, by argument taken from the Law of Nature before mentioned, Quod tibi fieri non vis, alteri ne feceris: for in the Chancerie euerie man is able by light of nature to foresee the end of his cause, and to giue himselfe a reason thereof, and is therefore termed a Cause; whereas at the common-law the clyents matter is termed a Case,Difference betweene Cause and Case. according to the word Casus, which is accedentall; for the partie doth hardly know a reason why it is by law adiudged with or against him.

The Chauncerie therefore vpon Bill and Answere betweene the complainant and defendaunt, graunteth an Iniunction to stay the proceeding in the courts of common-law, vntill the equitie of the cause be examined: and if there be no matter of equitie found,Iniunction of the Chancerie. then the cause is dismissed to the law againe, with costs to the partie. Merchants causes are properly to be determined by the Chauncerie, and ought to be done with great expedition: but it falleth out otherwise, because they are by commissions commonly referred to Merchants, to make report of the state thereof vnto the Lord Chauncellor; [...]or the customes of Merchants are preserued chiefely by the said court, [Page] and aboue all things Merchants affaires in controuersie ought with all breuitie to bee determined, to auoid interruption of trafficke, which is the cause,Staple Lawes. 27. E. 3. that the Maior of the Staple is authorised by seuerall Acts of Parleament to end the same, and detaine the same before him, without any dismission at the common-law which sheweth the necessarinesse of the Office of Prior and Consulls before mentioned.

The rather, for that the triall of an Action of Account at the common-law is tedious. There are fiue manner of persons accountable by the law, namely, a Steward or Bailife, a Factor or Seruant, or a Receiuer. Vpon an Action of Accompt the generall issue to be pleaded thereunto is Ne vncques Receiuer pour account rendre: The triall of an Action of Account by law. this is first tried by a Iurie, and if the partie be conuicted, and found accountable, then the law doth appoint Auditors to take the account, by a commission directed out of the court to Merchants and others, according to the nature of the cause, whereunto two Atturneys of the court are ioined. And when they haue taken the account, and find wherein the differences do consist, then they are to certifie all their proceedings into the court, and the accountant must make issuable answeres to be pleaded, whereupon eight, ten, twelue, or more issues shall bee made, and then a second Iurie is called to trie all these seuerall issues vpon peremptorie points, and so vpon euerie issue there is giuen a particular verdict, and sometimes an especiall verdict, which is to be determined by the court againe. All these long proceedings make long records, subiect to many errors: and because all these seuerall issues are tried by one Iurie, and vpon one record, together with the former proceedings, whereby the other Iurie found the partie accountable, if in any, or in the whole, materiall error be found, then all is ouerthrowne, and the parties are to begin againe de nouo. And it may fall out, that then they will ioine other issues, and so run into a Labirinth, so that matters of account are properly to be determined of the Chauncerie: and it were to be wished, that therein more expedition were vsed, according to the lawes of Arragon, which concur with the course of the said court, as we are now to declare; leauing all other cases triable by the common-law, according to their proper natures, as the triall of an Action Reall, which is done with solemnitie, and the like, to abreuiate things.

Of the Lawes of the Kingdome of Arragon.

THe Lawes of Arragon being peculiar to that kingdome, haue especiall daies or times limited to euerie particular proceedings of the processe, whereby the same is diuided into tenne (as it were) termes, which haue euerie one their proper obseruations, which the complainant must obserue, and prosecute accordingly with expedition, as followeth.

1 When the partie complainant calleth the defendant.

[Page]2 When they do appeare before the Iudge.

3 The defendant may alledge certaine exceptions.

4 Due answere is made to the complainants bill.

5 The examinations of the parties, and their proceedings.

6 Witnesses are produced, examined, and publication had of their depositions.

7 The parties doe reason of the depositions, and the matter is brought to hearing.

8 When the Iudge giueth sentence or iudgement.

9 When execution is had vpon the sentence, or the partie appealeth.

10 When the cause departeth out of that Iudges power before a higher authoritie.

And all this is commonly done in foure moneths,Obseruations of the proceedings of the law of Arragon. with the obseruations by the law required, namely the considerations incident, which are worthie to be noted to preuent vniust dealings.

1 Touching the first time, the Iudge taketh not any notice therof; for the proces is granted of course, vnles it appeare that the complainant hath beene the slaue of the defendant, or the sonne doe commence a suit against the father, or the seruant against his master, wherin (vpon good consideration) licence must be had of the Iudge.

2 The second, That they must appeare before the Iudge at three seuerall times of tenne daies, or thirtie daies at any one time, which is peremptorie; after which, there lyeth a contempt against the partie not appearing: during which time, the Iudge doth proceed according to the nature of the action, and the Maximes of the Law, which are compiled together to iudge by, and serue him for his direction; but in extraordinarie causes his conscience leadeth him.

3 The third time, touching exceptions, is not only betweene partie and partie, but also against the Iudge for insufficiencie of authoritie giuen him, if the cause so require.

4 The fourth time, three things are to be obserued vpon the defendants answere.

1 Whether he denyed all, or did confesse part or all.

2 Whether it be requisit that the Iudge iudicially heare the cause, or else (according to the defendants answer and confession) iudge him to pay or satisfie the matter within nine daies.

3 That after the contestation of the suit, there be no matter of any dilatorie exceptions alledged to hinder the proceedings, but rather peremptorie exceptions, to bring the matter to a definatiue sentence.

5 The fifth time, foure things are to be obserued, namely,

1 The complainant must sweare, that he is perswaded that he demandeth a iust and right demand; and the defendant likewise, that he defendeth his right.

2 That they shall speake truth to that which shall be demanded of them.

[Page]3 That they shall not require (without iust cause) any time of prolongation.

4 That they haue not, nor wil attempt to corrupt witnesses.

6 The sixth time, vpon the contestation and interlocutorie sentence, you must obserue nine things.

1 That the witnesses be presented in presence of the partie against whom they are produced.

2 That they bee freemen and honest, and not hired nor corrupted.

3 That they bee sworne, and the producent payeth his charges.

4 You may inquire of the partie that doth produce the witnesses, as also of the witnesses by certaine articles, what may appertaine to the cause, in regard of their admittance for to bee sworne, because their deposition is the ground of the matter.

5 That the plaintife hauing had three seuerall times to produce his witnesses, shall not haue any other time to examine any more, vnlesse he do sweare, that he knoweth not what the former witnesses haue deposed, and the Iudge do assent thereunto.

6 If the witnesses haue declared any thing obscurely, they may declare the same more plainely, if the Iudge do desire the same at the intreatie of the partie, according as he shall direct.

7 After publication of the witnesses depositions, there may not any other witnesses be deposed vpon the said interrogatories, or any matter touching the same.

8 That the witnesses be examined of the time, of the place, and of the case it selfe, whether they haue seene or heard the same, & what they beleeue or know thereof, or of the report they haue heard.

9 That (to auoid charges) there be not too many examined.

A Maximo of the Law of Arragon.The seuenth time is, when all must bee alledged which may any manner of waies make for the state of the cause, and if it fall out that two witnesses tell one tale (as it were) verbatim, their euidence is voide; and the eight time the Iudge proceedeth to a definitiue sentence; and the ninth time (which must be done within tenne daies) the partie may appeale, and therupon for the tenth time, the pleyto or suite, with all the records, goeth out of that Iudges court to a higher court, where it may not depend aboue a limited time.

The obseruations doe minister an occasion, that many controuersies are ended without law, for the parties are not sure to obserue these times, and the defendants which seeke delaies are not contented with so short a time of pleading: the complainant also may know whether it be safe for him to take his oath as aforesaid, that hee is in conscience persuaded of his right;To abridge the multiplicities of suits. and moreuer paying a fine for wrong molestation, abridged (with them heretofore) the multiplicities of suits.

Omitting now to speake of other courts of equitie, and calling law [Page] and Equitie to bee the Common Law, so much commended aboue the Ciuile Law, by the said Mr. Fortescue, sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth, who hath obserued fiue points wherein the same consisteth; let vs obserue many more to extoll the excellencie of the said Common Law, as followeth summarily.

1 First, because of the antiquitie thereof,Excellencie of the Common Law of England. for that in all the times that the Realme was inhabited by fiue seuerall nations, the same was still ruled by the said Customes that it is now gouerned withall; which if they had not beene good, some of the Kings of these seuerall nations, mooued either with justice, or with reason and affection, would haue changed or abolished the same, especially the Romanes who iudged all the world.

2 Secondly, for that the Kings of England at their Coronation doe take a solemne oath, to cause all the Customes of the Realme to be faithfully obserued according to the former institution.

3 For that the said ancient Customs or Maximes therof are inexpugnable, and doe stand of their owne authoritie as Principles, which need no reason to confirme their authoritie, as the Lawes of Solon, Draco, Carondas, Licurgus, Numa Pompilius, and the Law of twelue Tables, &c.

4 Because all differences and controuersies, which happen betweene the King and his subiects are tried and determined by the Law; and if it be done in Parlement; or by the Iudges, it is still according to the Law.

5 Because the King personally giueth not any iudgement, especially when himselfe is a partie, seeing it is against the Law of Nature to be both judge and partie.

6 For that notwithstanding the decease of the Kings of England from time to time, the Iudges of the Courts of Record, that is to say of the Chancerie, of the Kings Bench, of the Common Pleas, which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised, and their power ended not immediately with the King; howbeit the succeeding Kings doe confirme them in their offices, whereby all seditions are preuented during the inter Regnum.

7 For that with indifferencie, without regard of persons, it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects.

8 For exercising a power ouer the Iudges, which are not to judge of the Law, but by the Law: and therefore is the word Iudicium properly attributed to their determinations; euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates, following equitie (as it were) without Law. For there is the like proportion betweene the Law and the execution thereof, called Legis Actio, as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium.

[Page]9 For that the officers thereof are authorised according to the qualitie and due execution of it, by a proportionable distribution, namely, The Iudges for terme of life, and officers subalterne changing from yeare to yeare, to the end the administration of justice may bee more indifferent.

10 For the diuersitie of the triall thereof in seuerall Courts, according to Law and Equitie, is the cause of an agreeing and most necessarie discord, as it were, Concordi Discordia, whereby the bodie of justice is supported by striuing, as the stones vpholding a vault, as Cato saith.

11 For that the Iudges in criminall causes doe change from time to time their circuits, and inferiour Iudges of the Court doe execute the place as well as superiour Iudges, whereby partialitie is preuented.

12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man; seeing that euen in criminall causes, it hath prouided (as much as may stand with justice) a helpe and fauour, permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading, and giuing them leaue to except against the Iurors, which they dislike.

13 For that it doth forbid the sale of offices, thereby intending due administration of justice; for where offices are sold (as it were) by the Great, there justice is commonly solde by Retaile.

14 Because the same is most agreeable with the nature and disposition of the people, and the qualitie of the countrey, which by reason of the fertilitie, affordeth verie conuenient meanes for the triall thereof by Iuries of twelue men, the nature of the people being gentle.

15 Because men are to reduce the state or issue of their cause vpon one peremptorie exception to bee tried by the verdict of twelue men, whereby matters are determined with expedition.

16 For that it commandeth not any thing, but what is honest, reasonable, and possible in it selfe, and all impossibilities are excluded thereby.

17 For that thereof may bee made an Arte or Science in manner before declared, seeing the same is finite in her Precepts, according to the old Maximes or Principles, whereunto euerie thing being reduced and explained, as aforesaid, all ambiguities and darke sentences would be taken away, and the Iudges should easily giue a cleare vnderstanding thereof, according to the order of Solon, who made the Arropagits of Athens to be as Guardians of the Law.

18 For that the triall thereof by a Iurie of twelue men vpon one point peremptorily or in certaintie is briefe and substantiall, because [Page] the witnesses which are produced before them (by whose euidence the state of the cause is made) must be approued by the verdict of twelue men, as aforesaid.

19 For that the matter of Fact is distinguished from the matter of Law, and is accordingly decided either by the Iurie, vpon the matter of Fact, or by the Iudges vpon Demurrer or otherwise vpon the matter of Law.

20 For the indifferencie of the triall of controuersies and questions betweene the natiue subiects and aliens for they may haue their trialls Per medietatem linguae, that is to say, halfe the Iurie of strangers and the other halfe of English subiects, to auoide partialitie.

21 For that the Serieants and Councellors at the Law are to giue counsell, and to helpe the poore, which are not able to prosecute Law at their owne charges, which they doe in forma pauperis by direction of the Lord Chancellor, and the Lords chiefe Iustices of the Kings Bench and Common Pleas.

22 Finally, the Common Law is excellent for hauing fewer faults and imperfections, than any other Law, being most sufficient to vphold the common-wealth in quietnesse.

Thus the Common Law of England, hath like a Queene a Predominant power, from whence proceedeth mutuall loue and sure amitie from the Prince to the subiects; and from the subiects againe due obedience to the Prince in a most pleasant harmonie and concord, deseruing the name of a Law receiued, published and recorded, without any reason to be rendred for the same (as it were) Lex cum Prologo, wherewith Seneca found fault when he said Iubeat lex, non suadeat. And as the Law is deriued à ligare to bind, so is the whole State of the Common-wealth bound to the head, and may be made easier in practise: For as the sa [...]d Seneca saith, Nil est quod pertinax opera, & diligens cura, non expugnat.

Of the Lawes of the Kingdome of France.

THe Lawes of France are either written or customarie, and according to this diuision the countrey is diuided. Acquitanie, and a part of Celtica next vnto it, is called Pays de Droict escript, because the Ciuile Law of the Romanes [...] there in force:Written Law. the reason whereof is thought to be, because the Romanes did continue long in those parts after the Frankes had made a thorough conquest of the other. Belgica and the other part of Celtica is called Coustumier, because for the most part they are gouerned by their auncient customes,Ancient Customes. which amongst them haue the force of Lawes: howbeit neither the Ciuile Law, nor the customarie are further in force than they are agreeable with the Edicts of the King.

[Page]Vnder the Law written are comprehended,

The Ciuile Law.

The Kings Edicts and Ordinances made by aduice either of the priuie Councell, or of the three estates, and

The Arrests or Ordinances of the Courts of Parlement.

In the erections of their vniuersities of Law, the King expresly declareth, That they are not bound to the Ciuile Law, neither receiue it for further vse than to draw instructions of good gouernement and reason from it, as appeareth in the Charter at Orleans, by Phillip le Bell, Anno 1312, wherein hee sheweth that this Realme is gouerned by Custome, and not by the Ciuile Law; except in some Prouinces, which the Kings haue permitted in some cases so to doe, not as bound, but as willing to continue the Law which their subiects of auncient time haue vsed. So that the Ciuile Law generally is not in force, but onely for direction and forme of pleading and proceeding in the order of the processe: and where it is most in force the Courts of Parlement haue authoritie to construe and interprete it, as they thinke good.

Of all the written Lawes in France, the Ordinances and Edicts of the King are most in force; insomuch as they are acknowledged for the onely Lawes, and all other haue their life from them, and are so farre forth auailable as they are strengthened by them.

The arrests of the Courts of Parlement are of great authoritie, being pronounced in the name of the King, and are as Lawes to be followed in all cases.

In like manner their Ordinances are to be followed onely during the time that the King prouideth, not otherwise, and in their owne circuit onely; for they haue not authoritie to make Lawes generall and perpetuall.

The Customes which diuers Prouinces claime, are of late yeares drawne into writings and published in print, for the more easie vnderstanding of them, and the auoiding of confusion; so that now all the Lawes of France may be said to be written Lawes: this was begun in the time of Charles the seuenth, Anno 1453, and ordered also in the time of Henrie the third, Anno 1579.

Subsidies and jmpositions.This manner of gouernement causeth subsidies and jmpositions to bee made as reuenues of the Crowne by the Kings authoritie; which were at the first granted by the three estates, vpon vrgent necessitie of the affaires of the Realme onely,Clergie, Nobility, and Com [...]ina [...]le. but now they are growne to be ordinarie. Charles the seuenth was the first that made them ordinarie for the payment of souldiers. Francis the first, and Henrie the second did the like.

Personall subsidies are taken by the pole, whereof Ecclesiasticall men, Noblemen, and Officers of the King, Queene, and children are exempted.

[Page]Reall or patrimoniall subsidies are leuied by lands in some prouinces, as Languedoc and Prouence, whereof no persons are exempted.

Mixt subsidies are leuied of the yeomandrie, and some persons of meanes.

The greatest imposition is vpon Wines, now fifteene soulz vpon euerie mewe.

And vpon Salt, appointed by Philip de Valois, Magazins of salt. called Magazins or Gremers for salt, forbidding Merchants to trafficke for it, setting a rate of foure deniers vpon euerie pound of 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.

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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.

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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, [Page] 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 [Page] 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 [Page] 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 [Page] 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 Commonweales. 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; [Page] 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 in, but onely the bringing in of more commodities into the Realme than they carried out;

The vnderualuation of our moneys, causeth no more commodities to be brought into the Realme than is carried out;

The maintenance of Free Trade. Ergo, The vnderualuation of our moneys, causeth not more money to be carried out of the Realme than is brought in, as is declared in our last Treatise to hinder the inhauncing of our moneys, which by the Treatise of free Trade (lately published) was insisted vpon.

We do also find, that in the yeare 1577, Monsieur Garrault one of [Page] the French Kings Councell did exhibit two Paradoxes concerning moneys, which may (in regard of the former) seeme more paradoxicall or strange, nor only to the vulgar opinion, but also to the iudgement of the wiser.

The first is an assertion, That moneys haue not changed their values.

The other, That by the inhancing of the coine, or the price of moneys, To other Paradoxes. the price of commodities becommeth abated and good cheape; and that by the reduction and abatement of moneys euerie thing becommeth deerer.

And for as much, saieth he, that the matter of money is full of probleames, and may be disputed on both parts, his desire is, that some gentle spirit might be stirred vp to discourse of the reasons which may be alledged.

Touching the first, That the value of moneys is not changed, (omitting to speake of the Cicle of the Hebrews, the Staters of the Persians and Greeks, & the As or Denier of the Romans,) he saieth, That K. Lewis 11 did reduce the disorder of moneys vnto their former estate of K. saint Lewis, when the Denier of gold was esteemed (in weight) vnto 12 deniers of siluer, which is properly to be called the proportion between the gold & siluer heretofore noted: and hereupon he sheweth how the said proportion hath bin altered; yet so, that the siluer was alwaies made correspondent to the gold, and when the gold either in the marke weight of 8 ounces, was inhanced, & consequently in the peeces or coines; the siluer was likewise inhanced proportionably, obseruing the said 12 to 1, or sometimes thereabouts, either a little ouer or vnder; and this caused him to say, That moneys had not changed their values, it being only a comparison made betweene the gold & siluer, which is by weight, and not by valuation, to be applied vnto euery peece of coyne, especially to the French crowne of the flouredeluce or sunne; and the piece of siluer called Douzaine, alluding to the said 11 to 1, and the application thereof vnto the price of commodities is more absurd. The weight of 12 of siluer to 1 of gold maketh not the valuation of the mark weight of gold and siluer, much lesse the valuation of the pieces coyned of the said marke, whereby we see how one distinction is able to dispell and disperse the foggie mysteries of deceitfull fallacies, as th [...] Sunne driues away the winde and the clouds, heretofore by me obserued.

Concerning the second Paradox, he saith, That many are of opinion, that the inhancing and augmentation of the price of moneys engendreth a deerenes of all things, quia su [...] praeciarerum: And that euen as, pro imminutione quae in aestimatione solidi forte tractatur, omnium quoque praecia rerum decrescere oportet, pari ratione, si quod tractatur incrementum quoque & praecia rerum crescere debent, Which opinion (saieth he) is grounded vpon the polliticke rule, That the value of moneys giueth estimation vnto all things, which is not ordinarily obserued: for Princes and Magistrates are manie times constrained to endure the incommodities of the time, by their prudence and vnderstanding; so that all lawes are not obserued, by consequence [Page] following each other, whereby it commeth to passe, that the price of wares followeth not the price of moneys, but the common custome; for money was made to no other end, but to maintaine and continue the trade of merchandise, by meanes whereof the commodities and necessaries are brought from one place to another to auoid the ancient painefull and troublesome permutation: which trafficke is two-fold, namely, within the realme, and in forreine countries: within the realme the money is more commodious than necessarie, but for the straunger most necessarie, and therefore must be of a fine substance, as Gold and Siluer, to bee inclosed in a small roome, to transport great matters from one place vnto another. And if wee will meerely consider of this substance and effect of strange negotiation, wee shall finde nothing but a masked permutation of one thing for some certaine quantitie or weight of Gold or Siluer: for hee that trafficketh in forreine countries hath not such regard to the value imposed vpon money, as to the intrinsique goodnes which giueth the value,A good obseruation to be had by Mer-chants. and hath the same function in other places, according to which inward goodnesse hee setteth a price vnto his commodities, to make thereof the like quantitie of Gold or Siluer as he hath laied out, ouer and aboue his charges and profit; so that the moneys remaining stable and firme, the price of Wares and Merchandises remaineth certaine without any augmentation, to shew that there is no inhauncing of the price, because of the augmentation of the price of moneys, which will make vs hereafter to see the good cheapenesse of all things (as he saieth,) for he that causeth some forreine commodities to come within the realme, knowing the alteration of the price of moneys, according to the vnbridled will of the people, will make the price of his commodities accordingly. And this the said Monsieur Garrault doth declare by examples of veluets and other commodities, and therefore he is of opinion, that moneys inhaunced should be reduced againe to their price, and that all debts made before that time should be satisfied à lequipollent, according to the rate, vt pecuniarum vna & [...]adem sit semper potestas, & perpetua estimatione difficultatibus permutationum, aequalitate quantitatis subueniat &c.

The power of money transferred to the Exchange of money.Many other reasons (concurring with the former) are by him alledged, which I omit, because the whole foundation of the said Paradox is meerely an abuse of the people, as himselfe hath noted, admitting also the transportation of money, and finally confessing the inhancing of the price of moneys, and consequently the sale of commodities accordingly. All which is farre from the present course of trafficke, when the course of exchange is not considered withall, as shall be declared. True it is as the Ciuilians say, concerning contracts of commodities sold before the inhauncing of moneys, that valor monetae considerandus & inspiciendus est à tempore contractus, non antem à tempore solutionis: but this not being obserued was the cause that many Merchants do agree to pay for commodities in currant money for [Page] merchandise, others that sell commodities agree to be paied in species of so many ducats, dollers, French crowns, or other coynes, which is of late yeares established to preuent the inhancing of coyne, and yet it cannot be sufficient to preuent the said incertaintie of the price of commodities. If the standards of the said moneys were by allay of copper altered, much lesse would the aduice giuen that Merchants accounts should no more be kept in liuers and soulz, but in French crownes to hinder the inhauncing of moneys, which in some countries is secretly practised to bee done of meere policie, when by publicke authorie it is forbidden, and might be effected, as within the realmes of England, Scotland, and Ireland, and other his Maiesties dominions, where the moneys are not inhaunced betweene man and man, and remaine currant according to their price, vntill the kings authoritie doe alter the valuation by Proclamation, albeit by exchange it is not so; and therefore according to my third Paradox, we shall find,

That the imaginarie moneys in exchaunge doe ouerrule the substantiall moneys in specie:The third Paradox. For the Merchants valuation of moneys in exchange doth ouerrule the Kings valuation of moneys within the realme. For when the King hath valued the shilling peece at twelue pence, Merchants vndervalue the same in exchange at 11 ½ d, and 11 d, not only in the price of exchange, but also receiuing beyond the seas the inhanced moneys aboue their values, and not valuing of them in exchange accordingly, as before hath been obserued concerning the valuation of moneys and the imaginarie coines, or rather moneys, wherupon exchanges are made for so many seuerall places.

The late Earle of Donfermelling (Lord Chancellor of Scotland) did propound vnto the Kings maiestie in the yeare 1610,Proposition of the Earle of Donfermelling. a certaine proposition touching the inhauncing of gold, his lordship being of an excellent iudgement in mint affaires, That the French crowne of the Sunne which went neuer in England (to vse his owne phrase) all Queene Elizabeths time, aboue six shillings English money, went now for seuen shillings and three pence, and that the English double soueraign of twentie shillings went in France for eleuen franc (que) or twentie two shillings, and that both waies there had bin no alteration in the standard. Whereupon he did demand, in writing, what was the cause of the said difference or alteration, if this proceed (said he) from the goodnes of the gold, that it is better in finenesse and allay, or in weight, or from the weakenes of the siluer, that it be worse than it was either in finesse & allay, or in weight? then is the cause intrinsick and substantiall, and may be easily considered and resolued, if it bee good or euill, to be intertained, maintained, and set forward, or reiected, and stayed from all further course: if there be any other cause or reason, it must of force bee extrinsicke and accidentall, let the same bee searched out: if it bee good to the Prince and estates weale and commoditie, it should be assisted and continued: if it be tried euill, proceeding from the policie and craft of trades-men, [Page] tending onely to priuate gaine and commoditie, preiudiciall to the Prince and State to be gainestood and expelled. This proportion being sent vnto mee by a great personage then in high place, was made plaine by demonstration, to proceed of an accidentall cause by aduancing the Valuation of gold partly in England, when Crowne gold was valued from fiftie fiue shillings the ounce to three pound, and partly in France, when they did aduance the French Crowne in specie fiue soulz; aduising therewithall that to remedie the same, it was not to bee done by inhauncing of our gold still more and more, but in the price of exchange betweene France and vs, otherwise wee should vnderualue too much the siluer of the Realme to our exceeding losse, shewing withall how easily this might bee done, without alteration of the proportion obserued betweene gold and siluer for most places. But the contrarie was approued, and Crowne gold was more inhaunced to sixtie six shillings the ounce, by two seuerall Proclamations,Nouember 1611. which hath proued the losse of our Siluer in bullion or weightie coyne, daily breeding greater inconueniences by the want of our moneys, which by reason of the vndervaluation in exchange, and not by vndervaluation in specie, are continually exported, none imported but diuerted (by gaine) for other places, as hath beene declared. All which commeth to passe for want of true iudgement and experience in mint affaires, with the consideration of the said Essentiall parts of trafficke so often mentioned, whereof I hope (that in generall meetings for the publicke) more regard will be had, to the end it bee not recorded of vs, as it hath beene of some Parlements in Fraunce, that in populi republica sententiae numerantur, non ponderantur: and then we shall be said to vnderstand the Par, by right distinction betweene the actiue and passiue.

P [...]ys. 3. lib. ca. 3. Aristotle saith, that Action and Passion are meerely Relatiues, and that they differ no more than the way from Thebes to Athens, and from Athens to Thebes: let vs discerne therefore the one from the other, and we shall find that as the Liuer (Money) ministreth spirits to the Heart (Commodities) and the heart to the Braine (Exchange) so doth the Braine (Exchange) minister to the whole Microcosme, or the whole Bodie of trafficke. Let the Heart therefore by the Liuer, receiue his tintured Chylus by his owne Mouth and Stomach, and the Bloud (full of Spirits) shall fill all the Veines, and supplie the want of moneys, the easie course and recourse of whose Exchange shal bring all things in tune, & serue all mens turnes. For euen as there are two courses obserued of the Sun,Two courses of Exchange like the two courses of the Sunne. the one annuall, and the other by dailie declination rising and going vnder within the Aecliptique line, euen so must we obserue in Exchange two courses, the one according to par pro pari, or value for value, the other rising or falling from time to time, as hath beene sufficiently declared: whereof the said Aristotle, Seneca, nor Cicero, nor any other Phylosopher or Orator could take notice in the infancie of trade, Exchange not being then inuented; neither do we find that any Temporall or Ciuile Lawyer [Page] hath entred into this important studie, for the welfare of kingdomes and Common-weales (by the rule of Equalitie and Equitie) hitherto.

To conclude therfore this Paradoxicall discourse, I cannot omit to doe the same, with another Paradox by me obserued, in the making of moneys of gold and siluer, namely; ‘That a man may commixe Bullion to make a certaine standard of moneys, either of gold and siluer,A very strange Paradox. and after the commixture made, shall alter the standard and make the same better or worse, without putting any allay or siluer and gold vnto it.’

That is to say, I will melt downe eleuen ounces and two pennie weight of fine siluer, and eighteene pennie weight of copper, both one pound Troy of twelue ounces in weight, making the sterling standard, and yet my moneys made thereof shall be but tenne ounces fine. In like manner I will melt downe tenne ounces of siluer, and two ounces of copper and more to make a standard of tenne ounces fine, and yet my moneys made thereof shall be eleuen ounces fine, or sterling.

To vnderstand this mysterie or Paradox, wee are to note that in the making of a standard of moneys, three things must concurre and haue an equalitie proportioned vpon the pound weight of twelue ounces Troy, namely, Finenesse, Allay, and Weight of the peeces made out of a pound, which is the ground worke of the subtile assay; according to which all Assaymasters make their calculation by the marke of eight ounces, or the pound of twelue ounces, making one marke and one halfe.

Suppose now that (as in ancient time of King Edward the third) one pound weight being diuided into twelue ounces, euerie ounce was diuided into twentie peeces, or is now diuided into sixtie peeces, or three pound making sixtie shillings, which then made but twentie, and that these twentie peeces or sixtie shillings were diminished by the sheyre, and there is made twentie two peeces, in regard of the twentie or sixtie six peeces, in the liew of sixtie peeces, which is tenne in the hundreth that the said peeces are lighter than before, considering peece by peece: Now an Assaymaster receiued one of these peeces to make an assay thereof in manner by vs declared (in the Second Part of this Booke, in the seuenth Chapter of the assayes of Bullion and Moneys) and hauing weighed the same, he calculateth how many of these peeces doe make or weigh one pound, and hee findeth twentie two or sixtie six peeces or thereabouts, because of the vneuennesse of the sheyre, which being tried, hee maketh report of the finenesse accordingly: so that wanting in regard of the pound, tenne in the hundreth by weight, there must needs be wanting so much in finenes, and so eleuen ounces molten downe, is found to be but tenne ounces fine: and in like manner, &c. All which in matter of exchange can [Page] be considered of and preuented as it shall please the Kings Maiestie, and his Highnesse priuie Councell.

Ebbing and flowing of waters, compared to the falling and rising of exchange.The predominant Power of exchange rising and falling in price, may bee compared to the ebbing and flowing of the Seas, whereof no reason can be rendred, albeit wee find the course thereof to concurre with the increase and decrease of the Moone, which borroweth her light from the Sunne, whereunto we may attribute a naturall Primum Mobile of mouing.

This motion is not so perceptible in the maine Ocean Seas, as visible in the riuers, streames, and branches thereof. Euen so in the seas of exchanges, we are to ascribe the first motion of rising and falling in the price of exchange vnto the Bankers, albeit the operation of it be not so apparant in those maine exchanges, as vpon the bankes of the course of trafficke by commodities and moneys (subiect to inundation) in the particular exchanges of some countreys, which runne into the maine ocean of exchanges, as a riuer or branch of the same.

As this ebbing and flowing is aggrauated by accidentall causes of raine, snow, and the like by the alteration of weather: so doth the rising and falling of exchange, increase and decrease by the alteratiof State affaires betweene contending Princes, according to the vse of moneys. And euen as the seas are girt in by Gods commandement, that they cannot ouerflow the mayne bankes of the earth; so the course of the rising and falling of exchange in price, may bee girt in by the Kings commandement,A great consideration beyond the common capacitie of men. that it shall not ouerflow the course or bankes of trafficke to the inundation of our home commodities and moneys.

This Simile putteth me in mind to remember the Poeticall fixion of the serpent Hidras with many heads, whereof one being cut off by Hercules, forthwith another did appeare, alluding therein to the riuer Nilus which had many branches, whereof the one being stopt in one place, caused another to ouerflow in another place, augmenting Hercules Labours, being therein like vnskilfull Phisitians, which (to cure a disease) doe many times cast the bodie into a more dangerous sicknesse: whereas the learned Physitian will find an easie cure, knowing the efficient cause of the disease, without which conceited remedies are but meere shifts and extremities.

Aristophanus hath painted forth the agonie of an aged man, altogether shipwracked by vsurie, who thinking to haue found out the way to be eased of his slauerie, did propound vnto Socrates this demand, That if he should (by the inchantment of a witch of Thessalia) fetch the Moone out of heauen, and bring it away, and afterwards inclose it in a case of glasse, and so keepe it, as if hee would keepe a flye in a boxe: Socrates demanding, what good that would do him? he answered, if the Moone doe neuer rise againe, I being constrained to pay money by the new Moone shall be freed of that trouble. A strange shift that this poore man was driuen vnto (apprehending a shadow [Page] for a reason) to plucke by violence the Moone out of heauen for his helpe, for in truth the witch did her best, and began to charme the Moone, which when the vsuror vnderstood, did put him in such a pelting chafe as was wonderfull to behold; for accusing this poore man of enchantment, at last hee went himselfe to another witch, not onely to keepe the Moone from comming out of heauen, but also to hasten the course of her faster, to recouer his vsurie the sooner. Good God what a trouble was the Moone put vnto betweene these two witches? What stormes and tempests did arise? What horrible wind did blow? What great raine did fall? What floods ensued euerie where? So that countreys were almost drowned, and vnder water in many places.

The morall of these Metaphores, concurring with our former comparison, doth not onely shew vnto vs the operation and coniunction betweene the Moone and waters, but also the folly of vaine conceited remedies.

The propounded remedie therefore for the reformation of the abuse of exchanges, is grounded vpon the rule of Equalitie and Equitie, whose Antitheta are inequalitie and iniquitie, which euerie man ought to suppresse: Equalitie is amiable and accompanied with ease and facilitie, but inequalitie is hated and associated with trouble and difficultie. The difference whereof is like vnto this Geometricall Axiome, in commendation of the inuention of round wheels to draw and carrie loads with a small strength, Circulus tangit planum vnico puncto: For if the wheeles should haue beene made square, or in any other polyangle and proportion, fortie horses would not so easily draw them being laden, as two doth now with speed and ease: what easier thing can there be, than to set and command a price in exchange to be obserued according to the value 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 [Page] 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.

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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 [Page] 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 numbred, proportionated, and weighed, which is the cause of the diuersitie of things existant of Matter, Forme, and Depriuation, whereof euen the letters (to describe them) are numbred, and the figures of the leaues of herbes and plants doe declare their vertues. Vpon this ground of naturall Arithmeticke is Geometrie builded:Geometrica. for the proportions of all measures drawne from vnitie, which is the fountaine of numbers, whereby measures are described, before the art of it was inuented. Is it not my only and first obseruation that Musicke was practised by the sound of the hammers of Tubalcayn vpon the Anuile,Mu [...]ca. whereby so many and sundrie musicall instruments haue beene deuised? Lastly for Arts Liberall,Astrologi [...]. Is not Astrologie obserued by the Wit of the Aegyptians in many hundreth yeares, whereby they haue found out the course of the Heauens and Starres, with their distances and dimensions, explaned by Arithmetick and Geometrie, whence the Inch, Thumbe, Finger, Palme, Hand, Cubit, Brace, Foot, Pace, and all other measures and proportions haue beene deriued? The little infant not three yeares old was taught by me to discerne his portion, in eating pottage with the pig, saying take a spoone pig, when the slabbering of the pig carried away the bigger part; for I did note before Euclide, that the whole is bigger than his part, which diuided into equall parts are all alike.

You that are passing by, stay and pause a while, looke vpon Natural Mother Wit, that hath obserued the beginnings, progresse, continuance, and end of all things, wherein I do supplie and disguise many defects and deformities both in the mind and bodie of man: and when there is found by me abilitie of Nature, then Art giueth facilitie; as a Maxime in Physicke I found,A Maxime in Physicke. that contraria contrarijs curantur, and that the franticke man is excepted out of this rule, for he must be fed in his humerous disease; for he that did imagine that he was [Page] dead, and therefore forbeare to eate, was made beleeue (by the sight of counterfeit dead men eating) that dead men did eate, whereby he fell to his victuals and saued his life, and at last was cured.

I made the deafe Musitian of Bridges to vnderstand all men in three seuerall languages,Master Verh [...] uen. An [...]o 1585. only by obseruing the motion of the lips without hearing of any voice or sound at all.

It was I that made the blind man in Antuerpe to make (in a darke place) rare wooden trumpets of excellent sound, and carued images of his owne inuention, as also by the imitation of other pictures, only by the sense of feeling: and vnto mee belongeth the inuention of spectacles, prospectiues, and other preseruatiues of sight, and remedies for all the other senses.

It was I, that (by orgaines of the mouth, being touched by a sticke held vpon the virginalls, and resting vpon the teeth) caused the deafe musitian to teach mens children to play vpon them, whereby he got his liuing.

I did teach the maiden to sow and write with her feet, when both her hands were lame and impotent. And vnto others I did shew meanes to cure lamenesse, giuing strength to the sinowes, onely by rubbing and conducting the bloud into the veines, by a warme hand, without art; for I did obserue that in the Microcosme,The naturall cures of th [...] bodie. or the little world of mans bodie, there are diuers naturall cures and remedies, namely,

The spittle dissolued into water, and powred into the eare cureth deafenesse, taketh away itching or ebulition of the blood, and clenseth inuetorated wounds and scratchings.

The sweat of the feet by smelling cureth the palsie.

The eare waxe anointed in the nostrils, comforteth the smelling.

The vrine laid on with browne paper, asswageth the paine of the gout.

The excrement laid on, qualifieth the immoderate heate of the bodie.

The pairing of the nailes taketh away the drowsines of the braine.

The fleagme dissolued openeth the conduit pipes: The coldnesse of the hands applied to the head taketh away the dolour of the brain, and many other obseruations may be vsed in liew of other remedies.

The iudgement which Salomon gaue betweene the two women which were st [...]iuing for the child,Naturall witty iudgements. vpon the diuiding and partition of it; did it not proceed of mother wit by naturall reason?

Alphonsus King of Naples (vpon a deniall that a father made who would not acknowledge his sonne because of some priuate quarrell) was aduised by mee to commaund the sonne to bee sold for a slaue, and then nature could not faile to shew her operation: which in like manner caused Claudius the Emperour to command a malitious mother to marrie her sonne (denied by her) who rather than to doe the same, did acknowledge and confesse him to be her sonne.

Naturall wit made the Bees to discerne the naturall flowers from [Page] the artificiall flower, although the same was made of wax, and did retaine the smell and sweetnesse of honie. And I haue obserued the naturall and violent passion of the loue of parents to their children, in so much that not many yeares since, a father (thinking to haue beaten his sonne) receiued a mortall wound at his sonnes hands, being thrust in with a sword through his bellie, did not cease to crie vntill death, that his sonne should flie thereby to escape the punishment of justice. Infinit are my experiments in Nature, before Art was; but tell me Art, canst thou make any thing but of things alreadie made, putting a distinct determination betweene things for the better vnderstanding? whereunto Art replying said and plainely confessed, that she could do no more without Mother Wit, than an artizan or crafts-man can do without materialls & tooles in matter of his profession or occupation. And hereupon did Mother Wit conclude not onely to haue the precedencie of Art, but also to be able to controll Art without either Logicke or Rhetoricke.

Naturall Logicke.The countrie Coridon hauing a scholler to his sonne, demanded of his sonne what rare things, and exceeding his ordinarie knowledge, he had learned, whilest they were at dinner: the sonne seeing two roasted chickens in a dish, told his father, that he could make him beleeue that these two chickens were three, which was admirable both to his father, and all his guests; the sonne being thereby inflamed, said looke sir, here is one, pointing at the chicken, and here is two, pointing at the other chicken, and no man can denie but that one and two are three: but Coridons Wit did proue actiue, for he gaue his wife one chicken, and tooke the other chicken to himselfe, and willed his sonne to take the third chicken for his learning, if he could find it, whereby Art was controlled. (*⁎*)

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CHAP. XX. Of the Ancient Gouernment of the Staple.

THE precedent short commendation of Mother Wit, ministreth an occasion to enter into a retrograde consideration, how the course of Trade was managed heeretofore; remembring in this particular the Prouerbiall speech, Nil nout sub 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 [...]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, [Page] 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/ [...] or 1/ [...] 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 [Page] 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 purpose, as by the graunt appeareth. This licence they in short time peruerted, to the great disturbance of the ancient course of the Staple, whereby the trade of the Realme greatly declined, and the Kings Customes decreased: so that from 160 thousand pounds yearely payed out of the Staple, the Customes came short of 120 thousand pounds.The Fraternitie of Saint Thomas of Becket. These new Merchants terming themselues, The fraternitie of Saint Thomas of Becket, were by Act of Parlement, and by direction vnder the Great [Page] Scale of England, in the time of King Henrie the sixth, prohibited from doing any act that might preiudice the Staple; and so it continued vntill the two and twentieth yeare of King Henrie the seuenth, and then there was another great complaint in Parlement against the said fraternitie, for decaying of trade, and a verie strict law made against them, with especiall order that they should admit any of the Kings liege people into their socitie paying vnto them ten markes, which vnder pretence of some priuiledges hath beene interrupted, and especially by his Maiesties Proclamation, in the fifteenth yeare of his Highnesse happie raigne, by reason of the controuersie for the dressing and dying of cloth: neuerthelesse in all their graunts, exception is made, That the Staplers should not be preiudiced, which in the wisedome of a Parlement will be found most necessarie to be vnited againe, to make a free trade vnder gouernment.

8 The exportation of the materialls for cloth, as woolls, Fullers earth, woolfells, and woodashes, is prohibited lately by his Maiesties Proclamation, with good orders for the execution thereof, according as heeretofore was done by the Correctors of the Staple for other commodities.

9 Touching the warres of Christendome, let vs obserue that King Edward the third, had also great wars in his times with France and in Ireland; and neuerthelesse he did receiue a verie great assistance by subsidies of fiftie shillings vpon euerie sacke of wooll exported for, and during the time of sixe yeares, which amounted to 1500 hundreth thousand pounds, when one ounce of siluer was valued but at twentie pence, which would now amount to foure millions and a halfe.

10 And lastly, the immoderate vse of forraine commodities, was by the Maior and Constables of the Staple, had in consideration; for they had alwaies an especiall care to the inriching of the Kingdome, because the prouident care of the King did put them in mind thereof: insomuch that when the said King became forgetfull therein, by reason of the warres, and that the Kingdome wanted chaffer, wares, and necessarie prouisions, the Parlement did absolutely deny to giue him any subsidie, as appeareth by the Chronicle of Grafton, in the one and fiftieth yeare of his raigne: so that by the premisses things haue bin (in some measure) considered of, when least disorder in trade appeared.

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A Conclusion to the iudicious Reader.

THe triuiall vice of Enuie is said to be the mother of wickednesse, and accounted to sit in an im [...]ginarie Theater: Her Pallace is a dim and hollow vault, wherin she waxeth pale and wan, as hauing the consumption of the liuer; looking a squint, as borne vnder Saturne; neuer resting, as though shee were an arme of Ix [...]ns wheele; engendred and hatched by the vgly Megara of Hell, that feeds and crams her gorge with Dragons, and fomes out againe deadly poyson. This v [...]ce hath sent forth triple headed Cerberus vnder the shadow of Zoilus, Momus, and Mastix, Three enuious Satyies. to performe her intended tragedie: but Zoylus (remembring that his railing Commentaries presented by him to Ptolome king of Aegypt, and his presumption to bee better learned than Homer did worke his ouerthrow) goeth by with silence, and shaking his head, seemeth to be discontented, and vnder hand he doth instigate Momus and Mastix to follow their enuious humors: wherupon Momus (with his carping eyes dimmed with passion) hauing cursorily read ouer this booke, taketh vpon him to be a great Pollitician or Statist, and findeth fault that many things therein contained (which he termeth Mysteries) should be published and made knowne, especially such as may concerne Princes in their reuenues, or secrets of their mints. Vnto him therefore I frame this answere, confessing and auoiding, that true it is, That the ancient Monarchies, Empires, and Common-weales held the knowledge of their reuenues in such reuerence and secret, that none (but the officers which had the managing thereof) were made priuie of them, as being sacred things, not fitting that the people should take notice thereof, which was truely obserued in the Romane Empire, and Commonweales of the Grecians. But as times produce varietie, and the maners of men do change, breeding corruption of lawes and customes; so was it found, that by this secrecie officers were both emboldned and enabled to deceiue the Princes thereby, and the people would pretend ignorance to gi [...]e vnto them their dues: whereupon the Senators of Rome (by mature deliberation) did ordaine, that from that time forward, the reuenues of their treasure, and the dependances thereupon should be published and made knowne, not only vnto the [Page] people, but vnto strangers also, which the Emperor Iustinian caused to beobserued, and other Emperors succeeding him, as appeareth by the Code and other Bookes, which the French Kings haue imitated euer since; willing and commaunding, that these things should be knowne of euerie one, yea euen of the meere strangers of other countries; so that this obiection is of small moment, especially this booke being moderate in the handling thereof.

Now Mastix riding a false gallop on a hackney horse (being full fraighted of conceits) commeth to towne, and maketh two exceptions to the methode and contents of the booke: first he will not allow the termes of Art, by diuiding of the same according to the three essentiall parts of Trafficke: next he will not haue Merchants secrets laied open, or their trades divulged.

To the first, concerning the being, essence, or existance of things, he will make no difference betweene naturall things, and things artificiall, and so there is but two essentiall parts of Materia & forma, albeit that some Philosophers haue established three beginnings of naturall things, Matter, Forme, and Depriuation: The Matter hath no other office or function, but the changing from one Forme into another, Depriuation giuing an inclination thereunto; for Depriuation is an imperfection so conioyned to the Matter, that without her, if she were seperated, nothing would be ingendered; and therefore in Heauen there is no Depriuation, and consequently no generation ne corruption. The Forme therefore giueth perfection to the thing and being also, and without her the Matter is more imperfect than the eye is without the facultie of seeing, or the eares without hearing. But in artificialls, the being hath her parts, as Trafficke hath three, namely, Commodities, Money, and Exchange: so other things may consist of more being or simples, wherein the termes of Art are not excluded, neither can they auoid Mastix his enuie.

To the second, the whole contents of this Booke manifesteth to all judicious Merchants how necessarie the knowledge is of the matter therein contained, to maintaine Equitie and Iustice by the Law of Nations; and that there is no particular secret of any Merchants trade reuealed, to the preiudice of any man or nation: in so much that they are much pleased with it, as being desirous to aduance the good, and to banish the euill, obseruing that vertue maketh a stranger grow naturall in a strange countrie, and the vicious becommeth a meere stranger in his owne natiue soile. Let vertue therefore enioy her freedome, and possesse her priuiledges by the right of Law, and all the people shal flourish with equitie, Iustice shall maintaine Peace; Peace shall procure Securitie; Securitie shall nourish Wealth, and Wealth Felicitie. No man is to be dismayed at his small tallent, or to grudge at anothers greater prosperitie; for without doubt, Nature hath by her secret motion denied none, some perfect qualitie to supplie that want, which in himselfe breeds discontent or mislike: for euen as the fish (hauing no eares) hath a most cleere sight; so though [Page] want of dignitie be a disgrace to some, though want of coyne discontent diuers: and though lacke of wealth impaires the credit of many, yet nature hath supplied that outward ornament with such an internall reward, as a loyall and louing heart (notwithstanding many hard measures) will with constancie spend all his time for the good of the common-wealth being thereunto imployed.

This worke thus at length happily concluded, and commended to the kind acceptation of all gentle and well disposed minds, is not compiled to please the vaine appetite of some men, according to their nice opinion, but is referred to the judiciall and affable judgements of this age, to whom I shall (during the remainder of my daies) alwaies be readie to supplie any thing which in the next impression may be desired; not doubting but they will measure it by the iust desert, and censure thereof as their owne kind natures haue euer beene accustomed.

Soli Deo gloria.

FINIS.

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Title statement

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.

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1622

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Text Creation Partnership,

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Ann Arbor, MI ; Oxford (UK) :

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2004-03 (EEBO-TCP Phase 1).

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A06786

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STC 17222

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ESTC S114044

ID [EEBO-CITATION]

99849272

ID [PROQUEST]

99849272

ID [VID]

14410

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(EEBO-TCP ; phase 1, no. A06786)

Transcribed from: (Early English Books Online ; image set 14410)

Images scanned from microfilm: (Early English books, 1475-1640 ; 1279:8)

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— 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..

Extent

[16], 501, [3] p.

Printed by Adam Islip,. London :: Anno Dom. 1622.. (Running title reads: Lex mercatoria.) (The first leaf and the last leaf are blank.) (Reproduction of the original in the Bodleian Library.)

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Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.