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
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 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 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 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 Mâ—ster or all the
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 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 â—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 aâ—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 penaltâ—â— 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 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 Caâ—â— 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 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
called a moneth Others haue vsed and some yet do vse the yeares of the Moone diuided in 12 moneths euerie new Moone or course respected And this yeare consisteth of 354 daies 8 houres 48 minutes 43 seconds and 12 tierces to which there was added 11 daies called Aepacta The Epact of 11 daies added Quaere tamen quando incaperint as adioyned daies which made the yeare to be 365 daies and about six houres as aforesaid which was vsed before the flood by Iewes Greekes and is yet at this day vsed by the Mahometans Arabians and those of Feas and Marocco and other places The Babylonians Aegyptians and Assyrians haue also obserued 365 daies for the yeare One wholeday added euerie fourth yeare in â—ebruarie But they did not adde euerie fourth yeare one day which we call the Leape-yeare To make a better explanation hereof let vs note That there is a great Circle imagined to bee in the Heauens called the Ecliptike wherupon the Sunne hath his continuall motion or period neuer declining from the same and on each side is imagined to be another lesser Circle limiting the latitude of the Zodiake The Ecliptike of the Zodiake the middle whereof is called the Ecliptike for that whensoeuer there shall be a coniunction or opposition of the Sunne and Moone the Moone being vpon the same Ecliptike ouer which she passeth twice in one Period in so many daies as aforesaid which second sections are called the Head Taile of the Dragon then if at the coniunction is our sight eclipsed by the interposition of the bodie of the Moone being at the same instant betwixt vs and the Sunne Eclipse of our sight by the Sunne thereby hiding some part of his light from our sight yet hath the Sunne in himselfe no more losse of light than if a man should put a ball betwixt my eye and the Sunne whereby he might hide from my sight either the totall or part of the bodie of the Sunne But if it be at the opposition then the Moone doth indeed loose her totall light or part of her light according to her latitude for if her latitude be more than the Semidiameters of the bodie of the Moone and the shadow of the earth then there can be no Eclipse at all When no Eclipse of the Moone can bâ— But whensoeuer the bodie of the earth shal be interposed or put betwixt the light of the Sunne and the bodie of the Moone which cannot be but a ful Moone or opposition Cause of the Eclipse of the Moone which are both one then must she of necessitie lose so much of her borrowed light as the earth doth take away from her Within this imagined Circle or Zodiake are twelue constellations of Starres called the 12 Signes each of these Signes is diuided into 30 degrees or equall parts which make 360 in the totall Now since the nature and qualitle of these twelue Signes were found and that the Moone being the lowest of the Planets doth conuey and transport their operations and force through her Orbe vnto all Elementall Creatures causing alteration of change and humors times and seasons and distemperature of bodies Mans bodie is diuided according to the Zodiake the auncient Astronomers haue attributed vnto them certaine names of creatures figures and poeticall allusions for distinction sake and to declare their propertie in some weake and confused sort Also the number 19 called the Prime and Golden number because it was written in Golden letters for the vtilitie thereof which deserueth the more so to be adorned with Gold for a perpetuall remembrance of our noble King Iames and his royall issue borne vpon the 19 day of seuerall moneths which is not without some mysterie as I thinke The 19 of Iune AnÌ„ 1568 The Golden number of king Iames and his royall issue King Iames was borne in Scotland The 19 of Februarie AnÌ„ 1594 Prince Henrie deceased was born and dyed before 19 yeares The 19 of August AnÌ„ 1596 the Lady Elizabeth his daughter was borne The 19 of Nouember An. 1600 Prince Charles his sonne was borne Deo gratias It may seeme strange that Iulius Caesar did not obserue this number of the meeting of the Sunne and Moone vpon this Period when he made his Kalender 44 yeres before Christ for the vse hereof began in the yeare of Christ 532. Cicle of the Sunne is 28 yeare And this number of 532 containeth 19 times 28 in which time of 28 yeares being the Cicle of the Sunne the same is multiplied by 19 which is the Cicle of the Moone The Dominicall letters The Dominicall letter is according to the noting of the seuen daies of the weeke according to the Cicle of the Sunne beginning from A.B.C.D.E.F.G. and so returning and continuing for euer Dieurs beginnings of the day The day doth also begin diuersly The Astrologians or Astronomers begin the same from one mid-day or noon vntil the next being 24 houres by the clocke which is the cause that in their Alminacks they do set downe alwaies the place of the course of the Moone being so many degrees at noone howbeit we reckon 12 houres France Spaine and other places the Venetians and most towns of Italy the Bohemians Athenians Aegyptians some Iewes and Grecians Poland and Silesia from the setting of the Sunne vntill the next setting 24 houres Babylonians Persians Chaldeans some Hebrewes and Greekes old Romanes and they of Wirtenborough and Norenborough from one rising of the Sunne to the other 24 houres Calends Nones and Ides The daies of the moneth are also noted by Calends Nones and Ides The first day of the month was Calend so called of Vocato Populo declaring how many daies it was to the Nonas that all the people was to assemble in the citie to know what was commaunded vnto them by the Temporall and Spirituall lawes as being noue obseruationis initium or nono as the ninth day from Idus The Tuscanes heretofore did homage to their king that day and then it was commonly new Moone and Idus was the full Moone vpon the Moone moneths being March May Iuly and October being of 31 daies which had six Nonas whereas the other 8 moneths haue but 4 Nonas and euerie moneth 8 Idus Indictio Romana Indictio Romana whereby many histories account their yeares was instituted when the Romanes had dominion ouer the greatest part of the world because vpon euerie Lustrum which was euerie fifth yere euery one was to pay tribute vnto them The first yere they did bring Gold the second Siluer the third yeare Yron for munition and armour So that it was the space of 15 yeares beginning from the 25 of September And at the birth of Christ it was Indictio 3 and falleth out in the yeare of 1620 to be also Indictio 3 according to which obseruation the calculation of some historicall yeares is made That the Romane Kalender may easily be reformed without the
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 tâ—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 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. 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
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King Eâ—ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Hollâ—ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guiccâ—arâ—in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertâ—ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
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 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 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 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
an occasion to gather in his owne debts sooner In some places also they may not arrest vpon the Sabbath dayes and Holy-dayes to the end they should not bee depriued of Diuine Seruice towardes God and comfort of their soules The Officers or Serieants may not arrest any man vpon the Bursse or Royall Exchange although the partie to be arrested should yeeld thereunto and renounce the said priuiledge It is not many yeares since that a Merchant of Amsterdam being vpon the Exchange at Antuerp had notice giuen him that another Merchant had giuen order that vpon his going from the Exchange hee should bee arrested and that the Officer did attend him being neere at hand whereupon hee perceiuing the said Officer called him vnto him and said Hee would obey the arrest which for the first time is but an adiourning or citation the Officer did require a pledge of a peece of coyne in token thereof as the manner is which hee gaue him Afterwards this Merchant of Amsterdam being otherwise aduised by his friends did disclaime from that arrest because it was done vpon the Exchange and claimed the said priuiledge insomuch that the Magistrates and the learned Aduocates on both sides did thereupon assemble in the Towne-house as it were the Guild-hall and there the matter was debated and discussed at large according to the lawes And it was at last concluded and determined that the said Arrest was void in Law for the renunciation of a Priuiledge by any particular The renunciation of a priuiledge cannot abolish the priuiledge or many persons cannot derogate or abrogate any Custome or Priuiledge not only in the generall but also in the particular so that within twentie and foure houres after he might haue bin arrested againe but he was non inuentus and vpon this Arrest he was to find caution to answere the law The like is to be vnderstood for all priuiledged places as Churches Chappels Church-yards and other places of iurisdictions and diuers Cities and Towns do not permit any man to be arrested vpon forreine pleas for debts or contracts made in other townes places or countries which are as places of refuge for some Merchants as the towne of Middleborough in Zealand Townes of refuge and the towne of Dort in Holland and other cities and townes in other countries and most cities and towns where a Nation or a Societie of Merchants do agree to make their residence as the Companie of Merchants Aduenturers and others commonly the said cities and townes doe exempt them from all litigious suits which happen betweene themselues to be determined by their Gouernour or Court master so as only controuersies happening betweene them and strangers or inhabitants are subiect to the ordinarie course of the law for the determination of Merchants differences They will also free them from all debts owing by Kings Princes and States so that the subiects goods shall not be lyable thereunto to the end that trafficke be not interrupted The Officers or Serieants which make these arrests are knowne by their habite Officers knowne by their habits or by a rod to be seene in their hands and may not by stealth come vpon a man wherby many insolencies are preuented and Serieants are not subiect to be killed as many times they are with vs. And if they haue not their habits or colours no man is to assist them if they be abused and the rescuing of a man then is no offence and howsoeuer if a man Arrested or to be Arrested do run away euerie man giueth him way as desirous to helpe him to keepe him out of troubles accounting the Arresting of a man to be a part of the hangmans office and neuerthelesse their hangmen are seene to be alwaies in rich apparrell and are reputed as necessarie members in a common-wealth whereas in England it is verie contemptible and base Returning to speake againe of Attachments it is a matter of great consideration with vs not to admit any to be done either in London or any other citie or towne corporate Attachments to be granted vpon specialties according to the custome of London vnlesse it be vpon plaine specialties and also with putting in good sureties for the costs for it is a verie dangerous thing for Merchants dwelling beyond the seas as also Merchants which dwell in remote places of the kingdome hauing their Factors at London if they vpon any surmise or pretence of debt shall make secretly any Attachment in their owne hands of their masters goods either when they know their master to be dead or trauelling in some forreine countries vpon a long voiage as occasion may fall out and so by practise deceiue them of their estates by pleading afterwards the said Attachment or Iudgement had thereupon in bar as aforesaid CHAP. XII Of Sequestrations and Executions THe magistrates considering that abuses may be committed many waies by attachments do commonly vse Sequestration of goods by deliuering them into the hands of a third person or taking of them into their owne custodie or power for by these meanes also are many attachments preuented which men would do if the disposing of the goods or debts did come into their owne power wherein they haue a care not to feed the humour of contentious persons which is meerely contrarie to the course of trade which is the cause that in the execution of their sentences wherein the life of the law doth consist they do proceed gradatim Execution is the Life of the Law and if any such Sequestration is made vniustly or without cause the Ciuile Law as also the office of Priour and Consulls hereafter declared will giue good costs and dammages Considerable Executions In the proceeding of the said Magistrates there are many persuasiue meanes vsed by them in the behalfe of the debtour with the creditor to bring him to a composition if not then some Officers are sent to the parties house to keepe him as it were a prisoner to whom he must giue meat drinke lodging and a daily fee according to the Iudges appointment and as the matter may be of moment to the end that by this pecuniarie punishment he may cause him to pay or satisfie the creditor which is aggrauated by sending two Officers at the first then two more and so six or eight of them to eate him out of house and home for these men will gnaw him to the verie bones and are therefore called Clyuers or Deuourers But if the debtor will not endure this and do go wilfully to prison then the creditor must find the debtor maintenance at the discretion of the Iudge who may if he will presently put him to bread and water which is seldome or neuer done but when it is knowne that the partie hath meanes and will not satisfie his creditor who after the imprisonment of the person cannot come vpon the goods againe according to the common lawes of the realme then he is to be kept in Arcta custodia with