the Lighter because it is a certaine rule That goods are lyable onely to contribution when ship and goods come safe to the Port. Item contribution should be for the Pilots fee Contribution for Pilots that hath brought the Ship into an vnknowne Port for her safegard as also to raise her off ground when the fault is not in the Master So is it when two Ships rush and crosse one ouer another and the company sweare that it lay not in their power to stay the same contribution must bee made for the repairation of both their losses but not so if one of them perish for which an Action may be brought against the negligent Master or Mariner who did make her loose And therefore if such a chance doe happen in the day time by a Ship vnder sayle against a Ship riding at Anchor then the Master of that sayling Ship shall make good the damage and hurt of the other to the vttermost and the like shall bee done if in the night the riding Ship doe put forth fire and light or make any crying to forewarne the other It also appertaineth to this Argument If some sort of goods as Salt or Corne be laid on heap by diuers parteners in one Ship without distinction and that the Master deliuer to any of them their due measure and before the rest receiue their measures the remaining Salt or Corne washes or loses he that had the hap to bee first serued enioyes it fully without any contribution to the parteners First come first serued because when these goods were put into the Ship it was deliuered to the Master Tanquam in creditum and so hee is become owner as of money lent which men are not bound to redeliuer in the selfe same pieces but in value or such like coyne except there bee some condition past to the contrarie And albeit this is not to be imputed vnto the Master as a fault yet if hee that receiueth a losse thereby will bring in this as an Aueridge and charge the assurors with contribution it is vniust for the reason aforesaid and the Master must of necessitie deliuer to one man before another And therefore in the next Chapter wee will set downe the manner of execution for contributions otherwise called Aueridges Concerning the danger and aduenture of Letters of Mart Letters of Mart. or Contremart Siue ius Reprisaliarum or Letters of Marque euery one knoweth that men hauing these Commissions or Letters from their Prince are very vigilant in all places to surprize Merchants Ships and goods for in this one extremitie doth inforce another extremitie when a man is oppressed with robberie spoyles and violence on the Seas by men falsly professing friends in such sort that no petition intercession or trauell can procure a mans right but that the subiect of one Prince hath open deniall of iustice or restitution of goods cannot be had at the hands of a subiect of another Prince nor of the Prince himselfe who should suppresse iniuries and wrongs Then because such vniust dealing doe import iust cause of hostilitie and warfare may these Letters of Mart bee procured to the end men may haue restitution or recompence of their losses especially because these proceedings seeme to denounce a warre without any Proclamation shewing vnto other Nations the like distastfull fauours as they shew vnto vs which are allowed to bee done by Customes Reasons and also by Statute Law in Scotland and afterwards in England The assurors therefore cannot bee fauoured herein Detainment of Princes The next is Arrests Restraints and detainements of Kings and Princes and of all other Persons happening both in time of warre and peace committed by the publike authoritie of Princes as also by priuate persons both wayes dangerous Priuiledged Ships There are in all Countries Priuiledged Ships and Boates seruing the Countrey or the Prince which haue great Prerogatiues and are free of Impost and Customes and not subiect to arrests therefore the assurors are not to care for them for they are to serue the Prince and all Ships are subiect to this seruice vpon command and if they refuse their Ships are forfeited by the Sea-lawes therefore in these cases the fauour of the Admirall is alwayes required It is an ordinarie matter in Spaine and Portugall to make an Embargo vpon all Ships at the departure of the West-India Fleet or the Carrackes for the East-Indies and many times vpon other occasions whereby Merchants Ships being laden are much hindered especially if it bee with Wines Oyles Raisons and such like perishable wares Now if the owner of the goods shall thinke that his wares doe perish lying two or three moneths laden or if it be Corne that may become hote and spoyled hee may renounce these goods or wares to the assurors and thereby bring a great losse vpon them Yet neuerthelesse he shall not need to abandon the goods for by the Policie of assurance it is alwayes prouided That in case of any misfortune it is lawfull for him A Prouiso in the Policies of assurance his Factor or Assignes or his Seruants or any of them to sue labour and trauell for in and about the defence safegard or recouerie of the goods and any part thereof And that the assurors shall contribute each according to the rate and quantitie of the summe by him assured So that albeit that it doe fall out that the goods be not vtterly lost when the Ship is cast away the assured must recouer his whole money because hee hath authoritie by the Policie of assurance to recouer them or any part of them as aforesaid and he is afterwards to yeeld an account thereof for so much as doth concerne euery man ratably otherwise the assured should bee discouraged if by those meanes he should make his assurance intricate and subiect to all cauilations and to the interruption of so necessarie and laudable a Custome as the matter of assurance is Therefore as in the matter in hand wee haue a care for the assurors that they should not bee deceiued by those that cause assurances to bee made so on the other side we would auoid to minister any occasion whâ—reupon they might become quarrelsome but that all should be left to the Commissioners determination who are or should bee at the least best able to examine the premisses Now concerning the Arrests of particular persons Arrests vpon Ships vpon Ship or goods the assured can make no renunciation to charge the Assurors with any losse either in the totall or part because vpon caution giuen to answere the law the ship or goods arrested are instantly cleered in all places either heere or beyond the seas where the arrests are made wherein the iurisdiction of all courts for sea-faring causes are verie carefull to see expedition vsed Barratrie of the Master and Mariners can hardly be auoided Barratrie of the Master but by a prouident care to know them or at the least the Master
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 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 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 Pin-whites 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
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 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 saâ—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 â—â— 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 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 Comâ—inaâ—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 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
doth concurre and agree with the Lawes of Oleron whereof we shall intreat more hereafter Fredericke the second King of Denmarke at a Parliament holden at Coppenhauen in the yeare 1561 hath abridged as also set downe certaine Acts or Statutes for the ruling of Sea matters but for the most para agreeing also with the said Lawes of Oleron which you shall find in this Treatise set downe vpon euery occasion offered vnto me to make application of them in the Chapters following CHAP. XVIII Of the manner of Proceedings in Sea-faring Causes ALl controuersies and differences of Sea-faring Actions or Maritime Causes ought to be decided according to the Sea Lawes which tooke their beginning from Customes and obseruations and from them is the interpretation of the said Law to be taken and if any Case shall fall out that was not knowne before neither written downe and authorised as a Law then the same is to bee determined by the Iudge with the opinion of men of experience and knowledge in the said Sea-faring causes And herein is all conuenient expedition required that the matter may be summarily and briefly determined especially in case of shipwracke wherein delayes or protractions in Law is a crueltie to vex such afflicted persons Therefore to preuent appellations present execution and restitution of goods is vsed in causes of spoyle vpon caution first found by the spoyled to satisfie the condemnation to the Iudge if there bee iust cause found of appellation Witnesses in causes Maritime and to this end also it is permitted that witnesses of the same Ship may be examined although the aduerse partie bee not called thereunto Merchants and Marriners sayling together in one Ship may beare witnesse each to other and Marriners against the Master when they are free and out of his command The plaintife is to find suerties to pay costs and damages if he doe faile in his proofe and the defendant is to be put in caution to satisfie the sentence Iudicio cisti iudicatum solui If the defendant doe stand out or commit a comtempt by not appearing for to defend himselfe or his Ship or things challenged the Iudge of the Admiraltie may after foure defaults entred deliuer the possession of the said Ship or any other thing or part thereof to the plaintife putting in sureties for one yeare and a day and if the partie appeare not within that time then the propertie is finally adiudged to the plaintife And if he doe appeare within the time offering to pay the expences and putting in caution to obey and performe the definitiue sentence he shall be admitted But this caution or suerties are lyable absolutely for all from the beginning and cannot be discharged as a Baile may be at the common Law Difference betweene caution in the Admiraltie and baile at the Common Law of England bringing in the partie at conuenient time Summons and Citations are not needfull where the ship or goods in question are forthcomming but may be done in the same place where it lyeth or the goods are found If any man be arrested or troubled for the like matters he is presently to be discharged vpon suerties and especially Marriners because they shall not be hindered of their voyage which he may doe with so much goods or the value thereof as he hath within shipboord at the Iudges discretion for it is intended that otherwise trafficke and commerce is interrupted CAHP. XIX Of Buying and Selling of Commodities by Contracts THE buying and selling of commodities by contracts may bee distinguished three manner of wayes namely Regall Notariall and Verball The Regall contracts are made betweene Kings and Princes and Merchants which caused the Kings of Portugall to be called Royall Merchants For whereas the Venetians had the trade for Spices and other commodities of the East Indies Regall contracts called by the Ciuilians Solemne the Portugalls vpon the discouerie of those parts by Nauigation did bereaue the Venetians of that trade as by the reuolutions of time other Nations haue almost compassed that trade of Spices and taken the same from the Portugalls The Kings of Portugall had alwayes the one moitie of the Pepper by way of contract and for that they would contract againe with the Germaines or other principall Merchants of other Nations and of their owne to deliuer the same vpon a price agreed vpon the arriuall of the Carrackes at Lixborne according vnto which it was sold againe with reputation to other Merchants and dispersed into diuers countries and so was it also done for Cloues and Mace and sometimes for Indico and the payments were made by assignation in the Bankes of Madrill Lyons and Bizanson and sometimes at Florence and other places hereupon was the Contraction-house at Lixborne erected and named accordingly where the said Spices and commodities are brought and sold againe Such are the contracts which the King of Spaine doth make with Merchants for the prouision of Corne for his townes in Africa vpon the coasts of Barbarie as Ceuta Mosegam Tangere and other places the paiment whereof hath beene made againe by Pepper vpon some especiall contract and the Merchants haue thereupon also made other contracts with Merchants of the Low-countries to deliuer them that Pepper at Amsterdam and to take Corne in paiment But the case is since altered by the incorporating of the East-India trade Such were the contracts made by the French king Henrie the third with the great Merchants of Italie called Le graund partie for Salt which they by authoritie did ingrosse for the king and brought also from other countries by sole permission causing euerie household in all France to take a proportion yearely or to pay for it whether they had occasion to vse it or not which was an Italian inuention and for this they paied by contract vnto the king six hundred thousand pounds sterling being two millions of French Crownes yearely Such were the contracts which Queene Elizabeth of blessed memorie made with Merchants of London for the prouision of victuals and apparrell for the souldiours in Ireland during the late warres with the Earle Tirone which did amount to verie great summes of money insomuch that the seuerall contracts for apparrell came to ninetie sixe thousand suits of apparrell as I haue seene by the Records and Accounts extant in his maiesties Court of Exchequer All these and such like contracts are made by commissions granted for that purpose to some great officers of the kingdome who haue thereby authoritie to contract for the same with Merchants or others Notariall contracts haue partly dependance vpon the same Notariall contracts called Publicke for when those Merchants which haue contracted with Kings or Princes are to prouide sodenly those things which they haue contracted for or to dispose of the commodities which they haue bought or ingrossed into their hands Then they deale with other Merchants either to prouide them of the said commodities or to sell them such as they haue bought
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 ê‘ 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 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 Common-wealth 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 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 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
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 â—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 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 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
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 Qâ—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 Yorkâ—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 oâ— stone slate and earth And now I cannot omit to treat of the Allomes whereof in many countries great store is made but the best is at Ciuâ—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 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 Blackâ— 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 workâ—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 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
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 Common-wealth 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 Common-wealth 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 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 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
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 thâ— 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 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 â—ll delaies are left to the discretion of the Prior and Consuls A diournmeÌ„ts and delaies vâ—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 Oâ—â—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. Câ—arges and daâ—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 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
they shall speake truth to that which shall be demanded of them 3 That they shall not require without iust cause any time of prolongation 4 That they haue not nor wil attempt to corrupt witnesses 6 The sixth time vpon the contestation and interlocutorie sentence you must obserue nine things 1 That the witnesses be presented in presence of the partie against whom they are produced 2 That they bee freemen and honest and not hired nor corrupted 3 That they bee sworne and the producent payeth his charges 4 You may inquire of the partie that doth produce the witnesses as also of the witnesses by certaine articles what may appertaine to the cause in regard of their admittance for to bee sworne because their deposition is the ground of the matter 5 That the plaintife hauing had three seuerall times to produce his witnesses shall not haue any other time to examine any more vnlesse he do sweare that he knoweth not what the former witnesses haue deposed and the Iudge do assent thereunto 6 If the witnesses haue declared any thing obscurely they may declare the same more plainely if the Iudge do desire the same at the intreatie of the partie according as he shall direct 7 After publication of the witnesses depositions there may not any other witnesses be deposed vpon the said interrogatories or any matter touching the same 8 That the witnesses be examined of the time of the place and of the case it selfe whether they haue seene or heard the same what they beleeue or know thereof or of the report they haue heard 9 That to auoid charges there be not too many examined A Maximo of the Law of Arragon The seuenth time is when all must bee alledged which may any manner of waies make for the state of the cause and if it fall out that two witnesses tell one tale as it were verbatim their euidence is voide and the eight time the Iudge proceedeth to a definitiue sentence and the ninth time which must be done within tenne daies the partie may appeale and therupon for the tenth time the pleyto or suite with all the records goeth out of that Iudges court to a higher court where it may not depend aboue a limited time The obseruations doe minister an occasion that many controuersies are ended without law for the parties are not sure to obserue these times and the defendants which seeke delaies are not contented with so short a time of pleading the complainant also may know whether it be safe for him to take his oath as aforesaid that hee is in conscience persuaded of his right To abridge the multiplicities of suits and moreuer paying a fine for wrong molestation abridged with them heretofore the multiplicities of suits Omitting now to speake of other courts of equitie and calling law and Equitie to bee the Common Law so much commended aboue the Ciuile Law by the said M r. Fortescue sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth who hath obserued fiue points wherein the same consisteth let vs obserue many more to extoll the excellencie of the said Common Law as followeth summarily 1 First because of the antiquitie thereof Excellencie of the Common Law of England for that in all the times that the Realme was inhabited by fiue seuerall nations the same was still ruled by the said Customes that it is now gouerned withall which if they had not beene good some of the Kings of these seuerall nations mooued either with justice or with reason and affection would haue changed or abolished the same especially the Romanes who iudged all the world 2 Secondly for that the Kings of England at their Coronation doe take a solemne oath to cause all the Customes of the Realme to be faithfully obserued according to the former institution 3 For that the said ancient Customs or Maximes therof are inexpugnable and doe stand of their owne authoritie as Principles which need no reason to confirme their authoritie as the Lawes of Solon Draco Carondas Licurgus Numa Pompilius and the Law of twelue Tables c. 4 Because all differences and controuersies which happen betweene the King and his subiects are tried and determined by the Law and if it be done in Parlement or by the Iudges it is still according to the Law 5 Because the King personally giueth not any iudgement especially when himselfe is a partie seeing it is against the Law of Nature to be both judge and partie 6 For that notwithstanding the decease of the Kings of England from time to time the Iudges of the Courts of Record that is to say of the Chancerie of the Kings Bench of the Common Pleas which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised and their power ended not immediately with the King howbeit the succeeding Kings doe confirme them in their offices whereby all seditions are preuented during the inter Regnum 7 For that with indifferencie without regard of persons it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects 8 For exercising a power ouer the Iudges which are not to judge of the Law but by the Law and therefore is the word Iudicium properly attributed to their determinations euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates following equitie as it were without Law For there is the like proportion betweene the Law and the execution thereof called Legis Actio as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium 9 For that the officers thereof are authorised according to the qualitie and due execution of it by a proportionable distribution namely The Iudges for terme of life and officers subalterne changing from yeare to yeare to the end the administration of justice may bee more indifferent 10 For the diuersitie of the triall thereof in seuerall Courts according to Law and Equitie is the cause of an agreeing and most necessarie discord as it were Concordi Discordia whereby the bodie of justice is supported by striuing as the stones vpholding a vault as Cato saith 11 For that the Iudges in criminall causes doe change from time to time their circuits and inferiour Iudges of the Court doe execute the place as well as superiour Iudges whereby partialitie is preuented 12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man seeing that euen in criminall causes it hath prouided as much as may stand with justice a helpe and fauour permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading and giuing them leaue to except against the Iurors which they dislike 13 For that it doth forbid the sale of offices thereby intending due administration of justice for where offices are sold as it were by the Great there justice is commonly solde by
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 francque 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 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 Pâ—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 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