Selected quad for the lemma: city_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
city_n	exchange_n	place_n	staple_n	106	3	16.3169	5	false

Text snippets containing the quad

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

credit which they haue obtained in generall The money then remaining in the Bankers hands is imployed by them to other vses and purposes First they doe deale with great Princes and Potentates The Bankers trade that haue need of money for the maintenance of their warres as the Geneuoises and Germanes did with the Emperor Charles the fifth during the warres in Germanie and as the Florentines and others haue done with Phillip the second king of Spaine and also with his sonne Phillip the third late raigning causing him to pay 20 25 30 and more in the hundreth by way of exchange and rechange supposed to happen accidentally Secondly they ingrosse thereby diuers commodities into their hands and lastly they carrie thereby a predominance in ruling the course of exchanges for all places where it pleaseth them by reason whereof the citie of Amsterdam to countermine them haue in the yeare 1608 also erected a verie great Banke The beginning of the Banke at Amsterdam for the which the said citie hath vndertaken to answere whereby they are alwaies stored with money as appeareth that the same is plentifully to be had at interest at six and seuen in the hundreth by the yeare and some at fiue and vnder This custome is now so setled there that it is as effectuall as any law Of the breaking of some of these Bankes Bankrupt is the name Bankrupt deriued for when Princes do not accomplish with them then they cannot hold out vnlesse they haue great estates of their owne Philip the second king of Spaine in the yeare 1596 was constrained to giue Facultad Reall that is to say A Facultie Royall or Protection A Power or Facultie Royall or a Protection vnto the Bankes of Madrill and all their associates for foure yeares commaunding that all those that had dealt with them in matter of Exchange Interest Contracts Letters of Credit or any manner of wayes publickely or secret and with all their knowne or vnknowne partners should not be compelled to pay any money to their creditors vntill the yeare 1600 but in the Interim they should at euerie 6 moneths receiue interest for their mony after the rate of seuen pro centum for the yeare and if any man could not forbeare his mony he was to deliuer the fourth part more in readie money and so accounted together with the interest due at seuen vpon the hundreth the two thirds of all was to be paied him and the other third was to continue during his life with allowance of the said interest and this was to be obserued in the kingdomes of Castile Arragon Portugall and the Low-countries as also in the kingdomes of Naples Sicilia and the State of Milan and finally in all kingdomes and dominions vnder him for so are the words and in all his warlike forces by sea and by land This did bring the Bankes in great discredit and the West-India trade was much interrupted by it and so continued during the said king his life time and after his decease moneys haue not beene plentifull in Spaine insomuch that in the yeare 1608 his sonne Philip the third did giue the like Facultie Royall to all men that were to pay money at the returne of the West-Indies fleet for one yeare paying but 3 pro cent to their creditors for the forbearance CAHP. XXI Of the Fraighting of ships Charterparties and Bills of lading HItherto we haue beene buying and dealing in commodities and now it will be time to aduance our commerce or trafficke and to fraight Ships for the purpose to transport ouer commodities No Ship should be fraighted without a Charterpartie meaning a Charter or Couenant betweene two parties the Master and the Merchant and the Bills of lading do declare what goods are laden Bills of lading and bindeth the Master to deliuer them well conditioned to the place of discharge according to the contents of the Charterpartie binding himselfe his ship tackle and furniture of it for the performance thereof Of these Bills of lading there is commonly three Bills of one tenor made of the whole ships lading or of many particular parcells of goods if there be many laders and the marks of the goods must therin be expressed and of whom receiued and to whom to be deliuered These Bills of lading are commonly to be had in print in all places and in seuerall languages One of them is inclosed in the letters written by the same Ship another Bill is sent ouer land to the Factor or partie to whom the goods are consigned the third remaineth with the Merchant for his testimony against the Master if there were any occasion or loose dealing but especially it is kept for to serue in case of losse to recouer the value of the goods of the assurors that haue vndertaken to beare the aduenture with you whereof wee shall intreat in the following Chapters The persons that are in a Ship may bee thus in order which although they differ in names in many languages yet they are all one in effect The Master of the Ship the Pilot the Masters mate the Ship-wright or Carpenter the Boats-man the Purser the Chirurgeon the Cooke and the Ships boy All the rest are vnder the name Marriners all these are distinguished in hires and fees in all Countries The Master therefore doth couenant by the Charter-partie Charter-party to find a sufficient Pilot and all other the foresaid Officers and Martiners and to prouide Shiptycht Masts Sayles Roapes Tewes Anchors Ship-boat with fire water salt and all things necessarie at his owne expences And this Charter-partie so made on the Masters part doth commonly declare that it is and all things therein contained according to the Law of Oleron according to which Law Law of Oleron if there bee no writing made and but an earnest giuen then the Merchant if he repent loseth his earnest but the Master if hee repent loseth the double of the earnest Againe if the Ship bee not readie at the day appointed in the Charter-partie to goe to Sea the Merchant may not onely free himselfe of her except hee hold his peace and discharge her not for then by his silence he seemeth to consent Qui Tacet consentive videtur but also shall recouer charges interests and damages except the Master shew some excuse of some pregnant occasion or mischance which could not bee auoyded and then he loseth onely his fraight because he hath not deserued it But if the fault be in the Merchant he shall pay the Master his damages or according to the Rhodian Law Rhodian Law shall entertain the Ship and Company ten dayes and if then he stay longer shall pay the fraight of all accordingly and further shall answere for all hurt and damages happening by fire water or otherwise after the time appointed It is true that the Rhodian Law chargeth the Merchant in this case but with halfe the fraight and the Master with the whole fraight if he faile

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 ●n their authoritie for one yeare and so yearely to bee changed and there new to bee elected according to the ordinarie forme of most voyces Indifferent election not onely the Merchants of the Citie of Roan but also the Merchant strangers being to be present and assistant in the said election which election and nomination being fully ended the said Prior a●d Consulls shall haue present power in them to take knowledge to giue judgement betweene all men of what estate qualitie or condition soeuer they be of all suits controuersies and differences touching matters of merchandising or buying and selling in such manner as the Conseruator of the Faire at Lyons and the Prior and Consulls at Thoulouze doe as well for Obligations Bills of Debt Receits Blankes signed Bills of Exchange Generall and particular associations answeres by sureties associations of Merchants either generall or particular assurances accounts transportations bargaines and partenerships for matters aforesaid or any thing belonging therevnto with as full strength and according to the iudgements and condemnations of the said Conseruators of Lyons and the Prior and Consulls of Thoulouze And that the judgements and sentences decrees and ordinances commissions and commandements of the said Prior and Consulls of Roan by speeches prouisions or definitiues shall stand in as much force and effect for any matter judicially determined as those causes which the Conseruator of Lyons and Prior and Consulls of Thoulouze and others of Our Iudges doe decide And the same shall be executed by Our Serieants and Officers in such manner and forme as they are in their behalfe aboue named either by committing to prison The manner of executions or by inflicting seuere punishment if it bee so decreed and ordained and to that end shall Our Messengers and Officers bee bound to performe the executions Our Gaolers and Keepers of Our prisons shall likewise be bound to receiue and keepe all such prisoners in such manner as if they were committed vnto them by Our abouesaid Iudges and with the like bond and penalt●● if any escape happen as they be bound to keepe the prisoners by the authoritie of the said Iudges For so We haue enioyned and doe enioyne Our Messengers and other Officers Gaolers and Keepers of prisons vpon such penalties as the case shall require and according as by the said Prior and Consulls shall bee set downe and declared without any default according as the offence committed shall require Moreouer Wee haue permitted and doe permit Our said Prior and Consulls to take vnto them 20 of the said Merchants or more or lesse as they shall thinke reasonable to assist them in their proceeding and judgements in causes of Merchandise Bills of Exchange Ayde in their execution assurances and differences as aforesaid and to cause to be executed their sentences judgements and ordinances of pawnes and consignements prouisions seizing of goods and all their other condemnations sentences or appointments to proceed therein by cries proclamations giuing notice to themselues or leauing notice at their houses by proofe sales dipositings deliueries and execution definitiue as the case shall require Likewise We giue them power to direct the same processe Summarie proceedings and to proceed therein according to their ordinances as well in matters summarily as by prouision as acknowledgement of Bills subscriptions and Bills of exchange And the like in acts of Pawnes and Consignements by one onely fault duely proued by summoning the person at his house or fixing there a copie of the commission or processe in all places where it is lawfull to be done And touching other matters where two defaults shall be made or summoned in person they shall proceed obserue and keepe the course according to the Kings ordinances And for all matters wherein they shall giue sentence of execution according to their knowledge Wee will and doe permit them as aforesaid to cause the execution to passe in all places of Our Court of Parlement at Roan and in all other places of Our Kingdome where need shall require without any disturbance or let to be done by any of Our Iudges Iustices or Officers either against them or their deputies neither shall they let or hinder any summons or arrest exploit or assignement to be done before them And to giue their assistance in all causes appertaining to their knowledge touching matter of trafficke and all things therunto belonging against all merchants trading in Our said Citie of Roan and as touching their Factors dealers and intermedlers of what qualitie soeuer they be sent by them into diuers Countreys Regions and Prouinces as well within as without Our Kingdome Countreys and dominions vnder Our obeysance for the cause of trafficke merchandising and doing of businesse and all other things thereunto belonging Wee will and ordaine Constraint to bring their Ca●● les c. That they may bee constrained to bring their causes and proofe for all matters aforesaid before the said Prior and Consulls for the time being or that shall heereafter execute these offices bee it either for the rendring of account and satisfaction of part or of whole or condemnations in penalties or other condemnations for amends for trespasses and of all other things that shall be requisite concerning and belonging to the trade of merchandise according as they shall deserue whereof Wee haue permitted them and doe giue them power to vse the forme euen as the said Conseruator at Lyons Prior and Consuls of Thoulouze and other Our Iudges doe And to cause execution to be serued on 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

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