their bodies vntill the day of Iudgement For albeit the Spirit of man is rightly termed to bee the Facultie of the Soule The Facultie of the Soule is the Spirit of man yet the parts of the Soule concerning Vnderstanding and Will haue their proper relation for that part called Vnderstanding is seated chiefly in the Soule as Will is in the Spirit both to be accompanied with Knowledge The Phylosophers haue made this distinction by their Chimicall obseruation and such as place the Soule in the bloud dispersed through all the veynes of the bodie do also place the Will of man in the spirit residing in the heart of man which the Anatomists demonstrateth to be a little concauitie where the drops of the vitall bloud are placed in the heart which are feared vp and the place is shrunke in bodies which haue been poisoned To make application of this comparison betweene the Soule and Spirit Application of the comparison we shall find by the following discourse that euen as the Spirit of man is predominant ouer the Soule and Bodie in all the actions thereof which by the bloud are quickned and preserued euen so is the Exchange for moneys by Bills of Exchanges ouerruling the course of commodities and moneys in all places where the action of money is felt or seene directing the same by some due proportions accordingly CHAP. I. Of the Beginning of the Exchange for Moneys by Bills of Exchanges THE Exchange for moneys is of great antiquitie for as we haue declared the first Siluer moneys coyned by the Romanes is almost 1900 yeares since And euen as money was inuented to bee made of the best mettalls to auoid the troublesome carriage of commodities vp and downe and from one countrey into another So vpon the like consideration when other nations imitating the Romanes did coyne moneys The cause of the Exchanges Exchange by Bills for moneys was deuised to auoid both the danger and aduenture of moneys and the troublesome carriage thereof This money now being made by diuers Nations of seuerall standards and diuers stamps and inscriptions as a Marke of Soueraigntie caused them to appoint a certaine Exchange for the permutation of the seuerall sorts of coynes in diuers countreys without any transportation of the coyne but giuing Par pro Pari or value for value with a certaine allowance to accomodate the Merchant and the officers to execute the same were called Numularij Argentarij and Collybistae that is to say Numularij of Nummus or the coyne it selfe Argentarij because the Siluer coyne was most vsuall in the course of trafficke and Collybistae because it signifieth a reward for Exchanging Here now let vs obserue foure manner of Exchanges which haue beene vsed and in some countreys are yet continued albeit some of them are abrogated in England commonly called Cambio Commune Cambio Reall Cambio Sicco and Cambio Fictitio which denomination may be admitted The first manner of Exchange called Cambio Commune I Cambio Commune is properly that Exchange which the said Collibistae or common Exchangers did vse by the authoritie of Princes and Common-weales for the lawfull and currant moneys of their Kingdomes and Territories which was found to be verie expedient and necessarie and was established to preuent the exportation of money from one countrie into another countrie and these Exchangers did deliuer in all countries the Money in one specie for the Moneys in other species by them receiued as aforesaid Tables of Exchange Whereupon King Edward the third of England caused certaine Tables to be set vp at Douer and other places of the realme declaring the value of the said sundrie species of coyne of all countries trafficking with his subiects and the allowance which Merchants were to giue to haue their turnes serued as may appeare by the good Lawes made in his time when there was Moneys coyned in diuers places of this Kingdome and not in one mint onely within the Tower of London And this was long before the discouerie of the West-Indies from whence the ocean of Money did run into Christendome And for the gouernment of the said Tables all was at the direction of the Master of the Kings Mint at London and with a correspondence of other Mints namely at Canturburie at Kingston vpon Hull New-castle vpon Tine Bristoll and Exceter And the Exchanger for the King at London did also depute Exchangers in the most places except that certaine Merchants of Florence called Friscobaldi were the Kings Exchangers at Kingston Friscobaldi the Exchangers New-castle and Exceter who made the said Exchanges of value for value with a reasonable allowance and by their meanes were all the said Mints set on worke and the transportation of our Moneys was preuented for as Bishop Tursids booke of Arithmeticke declareth by giuing par pro pari or value for value there was no gaine left to the transporter The Kings of England did constitute these Exchangers Kings Exchangers euen as the Cambiadores and Banquers are vsed in other countries being authorised by the King or Prince of the said countries especially King Edward the first of England who had two Exchangers the one called Custos Cambij infra Turrim who had the charge in buying of bullion and to looke to the coynage of Money within the realme now called the Warden of the Mint the other was called Keeper of the exchange and rechange within or towards this realme for Moneys to be paied in specie by Bills of Exchanges beyond the seas And afterwards the said Exchanges were made without naming the species but according to the value of the seuerall coynes 2 Cambio Reall and this was called Cambium Regis or Royall Exchange which caused Queene Elizabeth to name the Burse in London accordingly This office appeareth to haue been in the eleuenth yere of the said King Edw. by an Act of Parliament made at Acton Burnel since which time the succeeding Kings and Queenes haue continued the same by sixteene seuerall Letters Patents And whereas it seemed that the said two Exchangers could not execute their offices conueniently being asunder it fell out that in Henrie the sixth his time a Law was made by which both offices were put into one mans hand and so continued many yeares vntill the time of King Henrie the eight Exchanges discontinued when he caused base Moneys to be made at the seige of Bulloigne whereupon no certaine Exchange could be grounded albeit that before that time in the two and twentieth yeare of his raigne he caused a Proclamation to be made according to an old Statute made in the time of King Richard the second The Chronicle of Graston That no person should make any Exchanges contrarie to the said meaning or Act of Parliament vpon paine to be taken to be the Kings mortall enemie and to forfeit all that he might forfeit For in his noble fathers time King Henrie the seuenth the Bankers had inuented a course of
5400 Geometricall Miles or 21600 ordinarie Miles But whereas the Miles in all Kingdomes and Countries and almost in euerie Prouince or Shire doe differ I haue thought conuenient to admit one measure of one million of Acres of ground to measure the whole Globe therby according to the Map which is not only intelligible vnto al men but al merchants also may haue vse hereof For by the number of the millions of Acres comparing one Kingdome vnto another or one Countrie vnto another Countrie they may know the bignesse and spaciousnesse thereof which we haue particularly obserued in Europe with a distinction also of the Dominion of Princes in these seuerall Countries knowne by the name France Italy Germany and others which many times falleth into consideration vpon singular occasions This Globe of the world is diuided to be two third parts Water or Seas and one third part Land and of this Land there is one third part not inhabited and the other two third parts are as followeth The whole Circumference by the aforesaid measure is 19 803 575000 which is 29 milliars 803 millions 575 thousand Acres and the milliar is tenne hundreth millions A Milliar is ten hundreth Millions So the ⅔ part water is 19 milliars 869 millions and 50 thousand acres of ground answerable and the other part third is 9 milliars 934 millions 525000 acres Hereof deduct ⅓ part not inhabited which is 3 milliars 311 millions 508 thousand acres So rest 6 milliars 623 millions 17 thousand acres of land inhabited whereof followeth a particular distribution First for Europe or Christendome England containeth 29 millions 568 thousand acres Scotland containeth 14 millions 432 thousand acres Ireland containeth 18 millions So these three Kingdoms with all their dominions of lands and Ilands adiacent vnder the Diademe of King Iames containe 62 millions of acres of ground c. England is by this computation accordingly with the dominion of Wales and all Islands thereunto belonging the thousand part of the whole Globe or the 222 part of the earth inhabited or the 333 part of the whole earth and Scotland may be full the one halfe of this computation that is the 444 part of the earth inhabited or the 666 part of the whole earth and the Monarchie of great Brittaine and the Kingdome of Ireland is the 480 part of the whole Globe vnnecessarie fractions in cypher omitted The bodie of the Sunne is 166 times bigger than the whole Globe of the world and so accordingly for the seas and earth as aforesaid The 17 Prouinces of the Low-countries Containe 10 millions 797 thousand acres whereof The reconciled prouinces with Spaine containe 7 millions 197 thousand acres The vnited prouinces vnder the States containe 3 millions 599 thousand acres The Kingdome of France diuided into 32 prouinces containeth in all 82 millions 879 thousand acres The kingdomes of Spaine being eight in number containe as followeth   m. Castile 25 Millions 730. Andalusia 2 millions 425 Granado 2 millions 128 Nauarre 1 million 458 Leon galisia 9 millions 124 Arragon 13 millions 104 Biscaye 3 millions 412 Portugal 10 millions 154 In all containing 67 millions 535 thousand acres ITALIA Vnder Spaine   m. Naples 11 millions 704 Lombardie 1 million 640 Vnder Venice   m. Treuisana 2 millions 584 Verona 0 millions 480 Frioul 1 million 047 Mantua 0 millions 480 Vnder Rome   m. Liguria 1 million 415 Romagnia 1 million 085 Latium 0 millions 480 Hetruria 0 millions 540 Sauoy 1 million 910 Piedmont 1 million 160 Toscana c. 4 millions 785 Suria and Florence 480 Marca 1 million 412 Ancona Parma 0 millions 885 Sicilia 3 millions 113 Cypres 1 million 601 Candia 2 millions 060 Corsica 1 million 395 Sardegna 4 millions 089 Containing in all 44 millions 257 thousand acres GERMANIA   m. Saxonia 3 millions 484 Misina 3 millions 249 Turnigia 1 million 093 Lusatia 2 millions 572 Bauaria 3 millions 249 Helsatia 3 millions 644 Heluetia 12 millions 328 Basle 0 millions 842 Swebourgh 2 millions 109 Salsbourgh 1 million 063 Trier Ments 4 mill 237 Spiers Strasbourgh and Wormes Iuliers 0 millions 348 Cleaue 0 millions 258 Westphalia 2 millions 300 Osnab 0 millions 358 Silesia 5 millions 706 Bohemia 7 millions 024 Austria 6 millions 121 Morauia 4 millions 114 Pomerania 3 millions 249 Brandenbourgh 6 millions 208 Machalbourgh 2 millions 107 Franconia 6 millions 361 Tiroll 3 millions 249 Carinthia 1 million 588 Stiria 1 million 779 Palantine Rhene 4 millions 361 Wirtenborgh 1 million 223 Embden 0 millions 230 Oldenbourgh 0 millions 449 Liege 0 millions 548 Coloigne 0 millions 215 Containing in all 95 millions 646 thousand acres Prussia 10 millions 240 thousand acres   m. Russia 9 millions 607 Volhimia 5 millions 762 Massouia 1 million 916 Liuonia 34 millions 115 Poland 19 millions 205 Heretofore named Polonia containing in all 80 millions m. 845. DENMARKE   m. Denmarke 10 millions 426 Norway 28 millions 492 Holsten 1 million 065 Ditinars 0 million 337 Containing in all 40 millions 326 thousand acres SVVETHEN Sweathen 57 millions 430 thousand acres Finland 7 millions 531 thousand Gothia 20 millions 936 thousand Containing in all 85 millions 897 thousand acres Part of Russiia or Moscouia and Situam vnder Europe 232 millions 558 thousand acres so that whole Europe or Christendome doth but containe 802 millions 740 thousand acres EVROPE which is not the 12 part of the whole earth Hungarie Dalmatia Transyluania and all Turkie 385 mill m. 367. Moscouiae Pars 128 millions 817 thousand acres Tartaria 299 millions 110 thousand ASIA Persia 385 millions 367 thousand Calicut and East-India 587 millions 200 thousand acres Africa containeth 1541 millions 883 thousand acres AFRICA America containeth 1152 millions 400 thousand acres AMERICA Noua Hispania 1349 millions 133 thousand acres Summa totalis of the inhabited parts of the World six Milliars six hundreth and twentie three Millions and seuen tenne thousand Acres of Land Vt supra THE vse of this description to know the bignesse of one Countrey compared vnto another Countrey is for example England containeth twentie nine Measures and odde Bohemia containing seuen Measures and odde is the fourth part of England or thereabouts The seuenteene Prouinces of the Low Countryes being tenne Measures and odde is the third part of England or thereabouts The Monarchy of Great Brittaine being fortie foure Measures and odd is as big as all Italy and the fiue Ilands of Sicilia Cyprus Candia Corsica and Sardignia and is also more populous And so for all other Countryes insomuch that England onely containing twentie nine of those Measures or Millions 568 thousand Acres of ground if wee deduct the fiue Millions and 568 thousand Acres for wilde waste grounds and High-wayes One penny an Acre is one hundred thousand pounds in England there will remain foure and twentie Millions of Acres which at one penny an Acre amounteth to one hundreth thousand pounds a
Principall and if he do not pay then the Suretie is to pay it without any course of law vnlesse he be ordered by the Court of Merchants to performe the same because that thereby he may also the sooner recouer the same of the Principall for whom he did giue his promise It is also a custome amongst Merchants that if a Merchant be indebted vnto another and thereupon intreateth another merchant to desire the creditor to respit him some time for the paiment of it if then the said merchant the debtor do not pay accordingly at the time he shall be taken pro confesso and sentence shall be giuen by the Merchants Court for the paiment thereof onely vpon proofe made that he did will another to craue the said respite of time for the paiment The like is done by the Common law of England by triall of Iuries of 12 men vpon proofe made by euidence produced before them that the debtor did craue day of paiment so that they will thereupon deliuer their verdict and iudgement and execution may be of course had for the same But if the promise be not conditionall then is he an absolute Suretie and is to pay the same accordingly as merchants of credit alwaies haue done To become a suretie vnawares A merchant may also be come in the nature of a Suretie vnawares or vnknown vnto him as befell vnto a friend of mine not may yeres since at Frankford in Germanie who during the Mart or Faire went into a merchants Ware-house to conferre of some businesse with him where hee found another merchant of his acquaintance to cheapen some parcel of silke wares with the said other merchant to whom this man as it seemed was vnknowne whereupon the seller of the said silk wares tooke occasion to aske my friend whether he were a good man and of credit and he answered he was so the bargaine was made and goods were deliuered vnto the said merchant the buyer to the value of 460 ll for the which he made a bill obligatorie payable the next Faire following at which Faire the partie not appearing demand was made of my friend to make payment of the said 460 ll because the partie was absent and withall some doubt was made of his sufficiencie my friend had not so much as remembred that any such question was demanded of him but the partie did put him in mind of it by circumstances and would be paied of him he in defence did alleage it to be nudum pactum ex quo non oritur actio and so not bound to pay the same as hauing had no consideration for it The opinion of merchants was demaunded wherein there was great diuersitie so that the Ciuile Law was to determine the same and by the said Law according to the title de mandato consilij he was adiudge to pay the said 460 ll and to haue the debtors bill obligatorie made ouer vnto him A caueat for merchants c. whereof he could neuer recouer one pennie although he did pay the whole debt and dammages for the partie became insoluent This may be a good caueat for merchants and all men for if he had said He is taken or reputed to be a good man of credit or I take him to be so he had beene cleered by the law and the custome of merchants Considerable promises Some promises are considerable according to reason as if a man vpon a penaltie do promise another not to molest or trouble him if the other giue him cause of offence to breake the same he incurreth not the penaltie and a promise made to do a thing is alwaies vnderstood to be for the first time So to make a promise that a pawne shall not be alienated yet it is held by diuers that the same may be hipothecated vnto another so the pawne be preserued Againe on the contrarie if a ship-wright do promise to build a ship for a merchant and hee causeth the same to be done by another here the promise is broken by the Law albeit this question is not materiall for it is not like that the building of Ships can be done without contracts in writing and onely by bare promises And the like may bee said to the greatest part of all the questions wherewith the Bookes of Ciuilians are fraighted so that for Merchants vnderstanding the ancient ordinarie Customes obserued in the course of the said Essentiall Parts of Trafficke is plainely to bee declared and distinguished from litigious questions CHAP. XI Of the Reuolution of Buying and Selling of Commodities by the course of Trafficke EVen as the whole Commerce and Trafficke consisteth of our Land Commodities and some fishing on the Seas and of the Commodities of forraine Nations So from hence followeth An efficient Cause of a kind of Reuolution in buying and selling of Commodities because the commodities of one countrie growing rancke and aboundant are transported into other countries in whose steed needfull commodities of those kingdomes and countries and returned thither which is a neighbourly lending betweene kingdomes and countries For as is noted God caused Nature to distribute her benefits or his blessings to seuerall Climates of diuers things found in some places that are not in other places to make an interchangeable course of the said commodities by way of merchandizing This Reuolution of Trade Sundry means for buying and selling may be illustrated by the consideration of the seuerall meanes whereby the said buying and selling are effected 1 The first is buying with readie money For readie money which is commonly the best and with most aduantage for commodities are sold better cheape wherein the knowledge of the goodnesse and necessarie vse is requisite 2 There is also a buying and selling of Commodities For readie mony and paiable at times paiable at some limitted time or times of paiment or partly readie mony and partly at times and the difference of price heerein is commonly aboue tenne vpon the hundreth more or lesse as the rate of monyes at interest are in the places of Commerce where the said Commodities are sold or bought and according to the plentie of mony extant vnlesse the superaboundance of Commodities doe alter the same especially if the Commodities be perishable by Corruption Time and Accidents so that the condition qualitie or goodnesse of the commoditie is much to be respected which was the cause that when commodities did abound at the first and the wealth of man was described by cattle and the like perishable things all kind of metall as being durable was most esteemed and the purest mettall taken to be fittest to make monyes of as hereafter shall bee amply declared in our second Part. By Billes of Exchange 3 There is another buying and selling of commodities to bee payed by Billes of Exchanges that is to say The Buyer giueth a Bill of Exchange or many Billes to bee payed by exchange in another place as for example one buyeth fiue hundreth
a summe of money of the owners of a ship in consideration that he fraighteth the said ship for a voyage promising to repay the said money at the returne of the said voyage if the said Factor haue fraighted this ship for another mans account this Merchant is to haue the benefit of this money during the time and if the Factor conceale the same he is to repaire the damage thereof which is to be considered both for the interest and aduenture of the seas for the said owners beare the same and it is supposed that the Merchant would haue assured so much the lesse or by imploying that money towards the lading of the ship he should disburse to much money lesse to make the said voyage and it may be thought that in regard of that money the fraight is made the greater whereof the said owners of the ship haue had a consideration by disbursing the same Assurance If a Factor be required to make assurance for a Merchant vpon a ship or goods laden for a certaine voyage and haue moneys in his hands to pay for the Premio or the price of assurance and this Factor doth neglect the same and giueth no notice of it to the Merchant who might haue made assurance in another place and the said ship or goods do perish at the seas this Factor is to answere the damage vnlesse he can giue some sufficient reason for the non-performance of the said order or Commission Composition made without order If a Factor hauing made assurance vpon goods laden which afterwards are taken by the enemie maketh any composition with the assurers for the same without order or Commission for it he is to answere the whole assurance to the Merchant A Merchant caused a ship to be fraighted and laden with commodities for Constantinople by a Factor of London himselfe dwelling at Antuerpe and being a subiect to the king of Spaine in the late warres caused 2000 ll to be assured at London vpon the said goods the ship and goods was taken by the Gallies of Sicilia and brought to Palermo where it was proued that the goods did appertaine to the King of Spaine his subiects but that there was 2000 ll assured at London by English Merchants their enemies in those daies pretending thereupon to take the said goods for forfeited or so much of them as should amount to the summe so assured Hereupon the Assurers hauing intimation from the Factor of it desired to make some composition to auoid that danger whereby the goods also might bee sooner cleered and the possession obtained for the owner and proprietarie thereof which was the Merchant of Antuerp wherein expedition was required The Factor in regard of the said expedition did not stay to receiue an answere from the Merchant what hee should doe but maketh a composition with the assurors for 60 pound for the hundreth pound to be payed instantly The goods were afterwards all recouered whereof so much as had beene assured was formerly relinquished to the assurors for the Merchant would not condescend to make any composition with the assurors So that the Factor did beare the aduenture to lose 2000 ll for some 1200 ll which hee had receiued if the goods had not beene recouered and therefore the said Factor tooke to himselfe the benefit of this composition by the aduice of the experienced Merchants If a Factor by errour of account doe wrong vnto a Merchant Accounts hee is to amend and to make good the same not onely for the principall but also with the interest for the time So on the contrarie if a Factor for his owne wrong haue forgotten to charge the Merchants account with some parcells payed out for him or made ouer by exchange the Merchant is to answere for it with interest for the time In these precedent obseruations are comprised all other cases of differences which may happen betweene Factors and Merchants CAHP. XVII Of the beginning of Sea Lawes HAuing in the former Chapters methodically intreated as also in this hitherto of the matters therein intended neuerthelesse according to the Contents of them the matter being of seuerall natures runneth promiscuously but in the end will performe the worke For as the roundnesse of the Globe of the world is compounded of the Waters and the Earth So this worke of the Law-merchant cannot be compleat without the Sea Lawes so called Lawes because they are written and knowne for without Nauigation Commerce is of small moment so that the Land affaires shall be intermixed with Sea-faring matters accordingly Some doe attribute the first making of Sea Lawes to the Pheniciaus and Carthaginians because Plinie doth ascribe the Art of Sayling vnto them But by the most ancient Records the Beginning must be from the inhabitants of the Island of Rhodes Rhodian Law scituated within the Mediterranean Sea who were most famous for shipping and sayling as Strabo hath written and surpassing all Nations in knowledge of equitie in Maritime causes and the Mediterranean Sea was for aboue one thousand yeares onely ruled by their Law called the Rhodian Law although augmented with some additions of the Romanes At last as some haue recorded when all sorts of Lawes by the euersion and lacerating of the Romane Empire were in a manner buried the Rulers of Rome in the yeare 1075 made new Sea Lawes and Statutes and so did euery chiefe Seafaring Towne vpon the said Mediterranean Coast adding thereunto other ordinances So did they of Marseilles in the yeare 1162 Genoa in the yeare 1186 they of Peloponessus called Morea in the yeare 1200 the Venetians in the yeare 1262 Constantine 1270 Iames King of Arragon the said yeare Peter King of Arragon 1340 and they of Barselona 1434 Which Lawes are collected and extant vntill this day But on the great Ocean Seas The Law of Oleron the first Lawes were made by the inhabitants of the Island of Oleron scituate on the Sea-coast of France neere Saint Martin de Rea against the Riuer of Charante which was called Le Roll d' Oleron by which the controuersies on that Coast were determined and the said Lawes were afterwards dispersed and brought in vse in England and the Low Countries whereupon diuers Statutes both in England and Scotland haue been enacted for Sea-faring businesse and in like manner diuers ordinances in the Low Countries especially since their fishing trade began Edward the third King of England caused with the aduice of diuers men of knowledge and experience in Maritime causes diuers Articles to be set downe Admiraltie Court in France and these were enrolled and obeyed for the gouernement of the Admirall Court and the French King Iohn made his Contracts with King Edward accordingly concerning the fishing trade as by the Records extant in the Tower of London where I haue seene them may appeare Francis the French King and Henrie the third of France haue made some Statute Lawes concerning the Courts of Admiraltie but the substance of all
haue beene contented since Our comming to the Crowne to tollerate an indifferent and promiscuous kind of libertie to all Our friends whatsoeuer to fish vpon Our Streames and vpon any of Our Coasts of Great Brittaine Ireland and other adiacâ—â—t Islands so farre forth as the permission or vse thereof might not redound to the impeachment of Our Prerogatiue Royall nor to the hurt and damage of Our louing Subiects whose preseruation and flourishing estate We hold Our selues principally bound to aduance before all worldly respects so finding that Our coniuence therein hath not onely giuen occasion of ouer great encroachments vpon Our Regalities or rather questioning of Our right but hath been a meanes of much daily wrongs to Our own people that exercise the trade of fishing as either by the multitude of strangers which doe preoccupie those places or by the iniuries which they receiue most commonly at their hands Our Subiects are constrained to abandon their fishing or at the least become so discouraged in the same as they hold it better for them to betake themselues to some other course of liuing Whereby not onely diuers of Our Coasts Townes are much decayed but the number of Marriners daily diminished which is a matter of great consequence to Our estate considering how much the strength thereof consisteth in the power of Shipping and the vse of Nauigation Wee haue thought it now both iust and necessarie in respect that Wee are now by Gods fauour lineally and lawfully possessed as well of the Island of Great Brittaine as of Ireland and the rest of the Isles adiacent to bethinke Our selues of good and lawfull meanes to preuent those inconueniences and many others depending vpon the same In the consideration whereof as Wee are desirous that the world may take notice that Wee haue no intention to deny Our neighbours and allies those fruits and benefits of peace and friendship which may be iustly expected at Our hands in honour and reason or are affoorded by other Princes mutually in the point of Commerce and Exchange of those things which may not prooue preiudiciall to them So because some such conuenient order may be taken in this matter as may sufficiently prouide for all these important considerations which doe depend thereupon Wee haue resolued first to giue notice to all the world That Our expresse pleasure is that from the beginning of the moneth of August next comming no person of what Nation or qualitie soeuer being not Our naturall borne Subiect be permitted to fish vpon any of Our Coasts and Seas of Great Brittaine Ireland and the rest of the Isles adiacent where most vsually heretofore any fishing hath beene vntill they haue orderly demanded and obtained licences from Vs or such Our Commissioners as Wee haue authorised in that behalfe viz. at London for Our Realmes of England and Ireland and at Edenborough for Our Realme of Scotland Which licences Our intention is shall be yearely demanded for so many Vessells and Ships and the Tunnage thereof as shall intend to fish for that whole yeare or any part thereof vpon any of Our Coasts and Seas as aforesaid vpon paine of such chastisement as shall be fit to be inflicted vpon such wilfull offenders Giuen at our Palace of Westminster the sixth of May in the seuenth yeare of Our Raigne of Great Brittaine France and Ireland Anno Dom. 1609. By this Proclamation is his Maiesties Right and Dominion of the Seas expressed in two words by Lineall and Lawfull possession of an hereditarie Kingdome or Kingdomes whereunto those Seas are ioyned and appertaining It is not a Dominion obtained by an electiue Kingdome as Poland Hungarie and others neither is it had by any first discouerie wherein the Pope must be a mediatour as Alexander the sixth was between the King of Castile and Portugal vpon the discouery of the East and West-Indies by drawing a line vpon the Globe from the Island of the Canaries to make the diuision betweene them Neither is it like to the Whale fishing in Greeneland where some vpon their discouerie tooke neither possession much lesse had any occupation which maketh the stronger right Neither is it by gift or purchase as some Italian Princes in the Mediterranean Seas which doe neuerthelesse inioy both freedome and benefit thereby but it is vndoubted and indisputable as aforesaid To conclude this Argument The best mark of distinct dominions vpon the Seas the distinct dominion of a bordering Prince vpon the Seas is best seene by the Tribute or Taxe which hee taketh vpon fishing ships whereof we haue many presidents In Russia many leagues from the Maine Fishermen doe pay great taxes to the Emperour of Russia and in most places none but his subiects are permitted to fish and the Hollanders doe giue him the tenth fish The King of Denmarke taketh great tribute both at Wardhouse and the Sound The Kings of Sweathen haue done the like which is now continued by the King of Denmarke for Norway The Duke of Medina Sidonia taketh for Tunyne King Edward the third of England tooke six pence for euery Tun in his time which by inhauncing of the money is now 18 pence All the bordering Princes of Italy doe take tribute of the fish taken within the Mediterranean Seas for their seuerall Territories In Lappia Fishermen doe pay monyes in the Sound for passage to fetch it ouer and aboue the tenth fish The Earle of Orkney taketh the tenth fish for the Isles of Orcades vnder his iurisdiction as the Fishermen doe to the Lords of the Manors in the West parts of England for Pilchards Hake and Conger The States of the vnited Low Countries doe take an Imposition vpon fish taken within the Seas and Streames of other Princes as also neere their Coast and their subiects trafficking with the Russians as Haunce Noblett Haunce Van stracle Robert Englegraue and others do continually pay the tenth fish vnto the Emperour of Russia All which is requisite for Merchants to know to preuent troubles or losses for the pretence of ignorance doth not excuse as our Merchants of Kingstone vpon Hull haue found to their exceeding losse heretofore CHAP. XXXVI Of Customes Subsidies and Impositions payed vpon Commodities WHereas Customes Subsidies Impositions Toles Customes vpon commâ—dities due by the Law of Nations Accizes Imposts and other duties by the exemplarie actions of Princes and Common-weales are due by the Law of Nations as a matter inherent to their Prerogatiues because they are absolute Commanders in their Harbours Hauens and Ports where commodities are exported and imported euery Merchant is bound to take notice thereof and to obserue the same according to the ordinances and proceedings vsed therein in all countries respectiuely to auoid the danger of the losse and forfeiture of his commodities and to make a true calculation how to buy and sell to profit obseruing how much vpon the hundreth pounds in value of his commodities rated by the orders of diuers countries the same amounteth vnto and to adde the
care must be had herein both by the parties and Scriueners which make the bonds Concerning agreements to be made between Bankrupts and their Creditors there is a question made That if Creditors do agree with their Debtors for some part of their debts Agreements to be made between a Bankrupt and his Crediâ—ors because of the Debtors losses and misfortunes Whether when the parties being become rich againe may reuoke their agreement And the law hath determined this question That if vpon the agreement there be an Acquitance made by the Creditor then the same agrement is absolute and cannot be reuoked vnlesse the Acquittance were conditionall The greatest number or the greater summe of the Creditors being agreed with the Debtor are bound to be conformable with the other and to do the like with the helpe of authoritie not onely by the Ciuile law but also by the Merchants Court of Prior and Consuls which authoritie is alreadie noted before to bee in the Lord Chauncellor But the difference is great betweene the greater number of the Creditors or the greater summe for a man may haue an infinite number of small Creditors or few Creditors for verie great summes by him owing so that the greater number should ouerrule the greater summes It is therefore thought conuenient to follow the greater summes which neuer the lesse doth not hinder the smaller number to proceed vpon goods appertaining to the partie if they can find them if by the said authoritie the whole estate of the Decoctor be not managed Bills of conformitie in Chancerie wherupon the Bills of conformitie were of late yeares vsed in the Chauncerie which by the Parlement Anno 1621 are made void because of diuers great abuses committed in thedefence of Bankrupts who to shelter themselues from the rigor of the Common-lawes did preferre their Bills of complaint in Chauncerie which was in the nature of a Protection and the parties broken became to be releeued for easie compositions with their Creditors albeit at charges another way extraordinarie Now concerning fugitiue persons being indebted if they be Merchants they are taken pro confesso to be Decoctors or Bankrupts Fugitiue Merchants for they in substance by their absence denie to giue a reason of their losses to their Creditors which they ought to do if by fortune they are to haue good and fauourable dealing if it shall appeare that by losses and not by wastfull or lewd behauiour they came behind hand whereby the Creditors are induced to diuide in some measure the parties goods amongst them as they may by the law and custome of Merchants The statute made in the 34 yeare of King Henrie 8 hath well prouided against these fugitiue persons Proclamation against fugitiue Merchants that a Proclamation shall be made against them That if they doe not returne within three moneths after they shall haue notice of it which by Affidauit must be certified to present themselues in some conuenient place to be declared that then they shall be proceeded against as if they were contemners of the lawes of the realme And in the meane time by order from the Lords of the priuie Councell who haue authoritie to grant a warrant for the Proclamation all such reuenues of lands or goods to be sequestred and afterwards to be sold as cause shall require for the paiment of the Creditors which execution hath lately beene practised against diuers but lyeth onely against the kings subiects but not against strangers nor other persons which are not Merchants or trades-men All meanes of strict proceeding are to be vsed against those fugitiue Merchants as also other Decoctors and against them that do giue them any aide or assistance which is not tollerated by the law for he that will helpe them because he may the sooner recouer of him his owne payment may be conuicted of fraud by the law when it is found out and discouered besides that the other Creditors may call that mony backe againe to be distributed amongst them And the Dictio Nullo modo How to be takâ—n nullo modo is to be vnderstood at no time and without any reason of excuse in all other things prohibited by the law especially in this which concerneth the disturbers of commerce so much to be celebrated And because many questions do arise by the meanes of the interruption of trafficke by Bankrupts and that as I haue noted alreadie the lawes in most countries doe differ in the proceedings against them I haue therefore in this Chapter made a more ample discourse both of the Ciuile Law the customes of the Merchants courts and the examples and lawes of other countries to preuent the multiplicities of cases which might be alledged by true obseruation of the premisses A question which concerneth the estate of Bankers The question concerning Bankers which haue their seuerall places or Bankes in diuers iurisdictions and become Bankrupt How their Creditors shall be dealt withall in the diuiding of their estates betweene them is worthie the obseruation for whereas they keepe two three or more Bookes of account in seuerall places and therein distinguish the Creditors of their seuerall Bankes The Ciuilians are of opinion for the most part That the Creditors of one iurisdiction should not participate with the Creditors of another iurisdiction and haue put the same in practise but the court of Merchants do vse to take an account of the state of the Bankrupt dispersed in all countries and diuide accordingly * ⎠* CHAP. XLV Of Manufactures HAuing so often inculcated that important argument whereby true Merchants are to be carefull That trafficke and commerce may be profitable as well to the common-wealth as to themselues we may not omit to intreate of Manufactures as an important matter to the customarie Law of Merchants considering the aboundance of materials and stuffe which the realms of England Scotland and Ireland doe affoord Idlenesse the root of all euill whereby the people may be set on worke to auoid idlenesse which is the root of all euill most dangerous in countries which are populous Experience demonstrateth vnto vs how many other nations hauing not stuffes of their owne but from others do neuerthelesse set their people on worke vpon the stuffe and materialls of other countries making and dispersing the same into a large trade Therefore it is conuenient to incourage all men to reward new inuentions with some priuiledges for a time and not for euer New inuentions to be rewarded to auoid the course of Monopolie and to make the benefit to the common-wealth more generall which maketh men painefull by the radicall moisture of gaine whereof Merahants are to haue a consideration so to reward the artificers and handy-crafts-mens labours that they may liue by their worke according to the Dutch Prouerbe which themselues vse so frequently Leuen ende laeten leuen To liue and to let others liue This is to be regarded also by states-men Liue and let liue forbearing to
impose ouer great Customes to be paied vpon commodities whereby the people is set on worke both vpon goods imported and exported It is therefore prohibited in France that tallow be brought in but not candles old shoes but not cobled paper but not cards and the like much more for richer wares as silkes cotton-wools and linnen c. The commodities which are not made at all or but in small quantitie in England and may be practised are manie as Buckrams Tapistrie Bustians Cambrickes Canuas Cables Babies cloth of Gold and Siluer Damaske Diaper Mather Paper and diuers other things all which may bee made in time Quia nemo nascitur artifex And herein is to be considered That all other nations being carefull to maintaine manufactures cannot but take an offence if any other nation will endeauour to doe all and to exclude others which extremitie enforceth another One extremitie enforceth another as we haue found by the enterprise of the late new companie for dressing and dying of all the white clothes in England which caused other nations to make clothes of their owne by the woolls of other nations For as hath beene noted it is contrarie to that common entercourse and mutuall course of commodities whereof some countries are destitute and other countries do abound thereby supplying the barrennesse of the one with the superfluities of the other maintaining a friendly correspondence and familiaritie The Impresa Sceptra foeuent Artes may better be attributed to common-weales or popular gouernments than vnto Monarchies or Kingdomes because experience proueth the same vnto vs by the great quantities made of manufactures and dispersed by way of trade as we haue noted by the laudable engrossing of them at Norenbourgh To vndersell commodities is verie dangerous The striuing of making commodities and to vndersel one another are dangerous and preiudiciall to both parties for by their contention they hinder each other and bring commodities to be lesse esteemed This is a matter of great consequence for statesmen to be taken into their serious consideration for as the Spaniard saieth Quien todo lo quiere todo lo pierde Setting the fishing trade apart which causeth all sorts of poore to imploy their hands though they want legs let me recommend vnto you Bogging of Peate and Turfe the making and bogging of Peate and Turfe the rather for the want of wood which England is like to haue in progresse of time the woods being much decayed and inhaunced in price and Peate and Turfe may bee made seruiceable to supplie the vses of wood and set an infinite number of people on worke As the making of Yron and all other mettalls made in fowndries and fineries the boiling of mineralls as Allome Salt-peeter Copperas and the like the burning of Brickes and Tyles the making of Glasse the refining of Sugar besides the common vse for brewing baking dying and other professions and euerie man consuming wood more or lesse in his house besides sea-coale Commodities by the bogging of Turfe And here I cannot omit to say something of the commodities which wil redound hereby to the commonwealth namely all boggie wast grounds and quagmires vnprofitable and dangerous for feeding of cattle and deere shall be conuerted to profitable vses in the making of Peate and Turfe and in time with the oft dreaning of the waters turne to firme ground and fish-ponds It will preuent the oft drowning of deere and cattell venturing for some grasse growing in bogs and quagmires whereby also many of them become rotten by drinking the vnwholesome red waters thereof All the said grounds wil be safer and pleasing for hunting and planting of woods and the fish-ponds may be planted round about with Osiers hazelwood for hoopes with diuers other profitable meanes as in Holland for the said turffe is to bee made according to their manner auoiding the sulphurous smell by two yeares drying of them before their vse and then they will in time bee vsed by most men which now find the said turffe to bee offensiue as they did in the beginning when sea-coales came to bee vsed in priuate mens houses if this had beene followed the bogging of turffe had beene alreadie pleasing and profitable Next let vs somewhat digresse from Manufacture to Apifacture Apifacture of Hony Wax and with Salomon the wise send the sluggard to imitate the painefull and laborious Bees for the increase of Hony and Waxe in England Scotland and Ireland and others of his Maiesties dominions and let mans helpe succour this Apifacture if it may be so called as followeth The meanes to increase Hony and Wax doth properly consist in the preferuation of Bees and the making of conuenient Skepes or Bee-hyues after a new inuention Namely you may make your Skepes either with Straw or Wicker of two sorts The Beehyue of two pieces and to bee of two pieces to take off at the crowne or neere the midst of the Hyue that when they haue gathered and filled vp their house and that the roome is scant within then take away the vpper halfe and clap on a boord or the bottome or head of a pitch Barrell or tarre Barrell or the like hauing pitch on it casting Mault meale or Beane meale vpon the same and then daube it well with clay about the skirts and setting on with your clay mixt with some salt and when you haue thus done then raise it vp below with so many wreythes as you tooke aboue for the gelding of your Hyues before which is verie needfull to make the greater plentie and increase For making your Skepes in this manner the Hony may bee taken at all times but especially when you doe perceiue by the lifting vp of your Skepes that your Bees are well prouided for the Winters prouision and that there bee plentie of food yet to gather then cappe them Take a strong wyer make it flat and cut your combes in two and then haue a parchment in readinesse to follow the wyer to keepe a sunder the wax from cleauing laying on your boord with pitch and meale as aforesaid This to be done in Summer Preseruation of Bees for the Climate of Great Brittaine c. 1 IN Mareh your Bees doe beginne to breed and then they beginne to sit let them at that time bee serued twice euerie weeke because 2 In Aprill your Bees beginne to hatch serue them in hard and rugged weather whereby they are hindred to be abroad 3 In May is your Bee comming forth looke to serue them vntill Midmay 4 In Iune are your Bees in their strength for casting and then there is great plentie of Flowers and Dewes for them to feed vpon 5 In Iuly they are full of Hony therefore cap your first swarmes and take vp the rest for Hony that you meane to take vp for that yere and cap as followeth 6 In August is the most breed of Bees past and you may cappe likewise those you meane to keepe ouer the yeare I meane
That is to conuert the inhabitants or neighbours to Christianitie and to the end such temporal blessings may be enioyed as the land and seas do affoord most requisit to be done in the Island of New found-land bordering vpon the coast of America from which it is diuided by the sea so far distant as England is from the neerest part of Fraunce and lyeth betweene 46 and 53 degrees North latitude as Captaine Richard Whitbourne hath verie well declared in his discouerie affirming the spaciousnesse thereof to be almost as Ireland and therein he hath noted many disorderly courses committed by some Traders and fishing Merchants in setting forth to the New-found-land which are worthie the obseruation and knowledge of Merchants because that the like errors may not be committed in other voyages which by this good aduice may be preuented or reformed It is well knowne saieth he Worthie considerations for plantation for the fishing trade That they which aduenture to New-found-land a fishing beginne to dresse and prouide their ships readie commonly in the moneths of December Ianuarie and Februarie and are readie to set forth at sea in those voyages neere the end of Februarie being commonly the fowlest time in the yeare and thus they do striuing to be there first in a Harbour to obtaine the name of Admirall that yeare and so to haue the chiefest place to make their fish on where they may do it with greatest ease and haue the choice of diuers necessaries in the Harbors And thus by their hasting thither oftentimes there comes not only dangers to themselues but also great mischiefe and losses to many others which arriue there after the first as it may by that which followes truely appeare For by the hasting forth as now they vse they greatly endanger themselues being many times beaten with rough and stormie windes and oftentimes they are thereby forced to returne backe with great losse both of mens liues and goods as it is well knowne so that to get the superioritie to arriue there first in an Harbour they will beare such an ouerprest saile and in so desperate a maner as there are no true vnderstanding sea-men that vse the like to any place of the world For albeit when the fogs are thicke and the nights darke that sometimes they cannot discerne the length of three ships in the way before them and the yee often threatning much perill vnto them yet on runnes the ship amaine so fast as poâ—sibly she may when commonly most part of the companie are fast a sleepe euen with extreame hazard of their liues Thus many times both ships and men haue beene cast away suddenly to the vtter vndoing of many aduenturers and families And also this vntimely setting forth consumeth a great quantitie of victualls that might be saued to better purpose and it forceth them to carrie and recarrie many more men in euerie ship euerie voyage than they need if they once take a fitter course Such Stages and Houses that the first arriuers find standing in any Harbors wherein men set diuers necessaries and also salt their fish some men haue vsed to pull downe or taken their pleasures of them by which vnfit disorders of some first arriuers there yearely those which arriue after them are sometimes twentie daies and more to prouide boords and timber to fit their boats for fishing and other necessarie roomes to salt and drie their fish on whereby much time is lost and victualls consumed to no purpose and thereby also the voyages of the after-commers are often greatly hindered and prolonged to the generall hurt of the common-wealth and the mariners themselues which commit those great abuses are thereby also much wronged as themselues may conceiue Wherefore if such as henceforth aduenture to that countrie take some better course in that trade of fishing than heretofore they haue vsed they shall find the greater safetie of their aduentures and much good thereby Penefits arising by reformation about fishing For whereas heretofore they haue vsed to make readie their ships to saile in those voyages in such vnseasonable time of the yeare whereby they often receiue such hinderances and losses they need not then to go in the said voyage vntill the fiue and twentieth day of March which is a fit time of the yeare to put forth to sea from our coast to that countrie the Winter stormes beginning then to cease and then any such ship which carries in her thirtie men in euerie voyage may well leaue six men there behind them or more all the Winter season vntill the ships returne to them againe and these six mens victuals will be saued and serue to better vse and thereby also cut off that moneths setting forth in those voyages so soone in the yeare as now men vse to do and then the victualls for that moneth which is so vainely and with such great danger consumed may well maintaine those men which are left in the countrie all the Winter season till the ships returne to them againe with a verie small addition to it Couenient priuiledges to be granted And it may be thought reasonable That men which will vndertake to settle people in New-found-land shall haue this priuiledge that in case he leaue there a fifth person of such as he carries thither in his fishing voyage to inhabite whereby those men so left might keepe a certaine place continually for their fishing and drying of it whensoeuer their Ship arriueth thither then would all such as leaue people there build strong and necessarie roomes for all purposes and then in some necessarie houses and roomes they may put their fish when it is dryed which fish now standeth after such time it is dryed vntill it is shipped which is commonly aboue two moneths in great heapes packt vp vncouered in all the heat and raine that falleth whereby great aboundance of good fish is spoiled yearely and cast away for want of such necessary rooms And for the want of such fit houses some mens voyages haue beene ouerthrowne and then a meane place to make fish on wil be made more commodious than the best place is now that men so dangerously and desperately runne for euerie yeare And thus euerie mans fishing Pinnaces may bee preserued in such perfect readinesse against his Ship shall yearely arriue there againe which Pinnaces are now often lost and sometimes torne in pieces by the first arriuers there very disorderly and if such Pinnaces Stages and Houses may bee maintained and kept in such readinesse yearely it would bee the most pleasant profitable and commodious trade of fishing that is at this time in any part of the world For then euerie Ships companie might fall to fishing the verie next or second day after their arriuall whereas now it is twentie dayes before they are fitted and then such Ships should not need so soone to hast away from England by one moneth at the least mens liues might be thereby much the better saued lesse victualls wasted
and many dangers preuented And so euerie Ship in euerie such voyage may gaine quickely one hundred pounds that vsually carrie in her but twentie men more than now they doe by leauing of foure men there of twentie And as the proportion before named holds for leauing sixe men in New-found-land of thirtie so the allowing of men to be made proportionably fro euerie Ship An easie way for plantation will soone raise many people to be settled in euerie harbour where our Nation vseth to fish and in other harbours in other Countries in like manner some Ships by this course may then quickely gaine two hundred pound and some 300 ll and more according to their greatnesse more than they doe yearely now and those men so left will manure land for Corne saw boords and fit timber to bee transported from thence and search out for diuers commodities in the countrie which as yet lie vndiscouered and by such meanes the land will bee in little time fitly peopled with diuers poore handycrafts men that may bee so commodiously carried thither with their wiues and that no man else should appropriate to himselfe any such certaine place and commoditie for his fishing voyage except hee will in such manner settle a fifth part of his companie there to liue And then such aduenturers thither will carefully prouide yearely for such as they leaue there not onely for bread and victualls but likewise for all necessarie tooles fit for any kind of husbandrie And the charge thereof will yearely repay it selfe with the benefit of their labours that shall bee so left there with great aduantage By this meanes will shipping increase men be imployed and two voyages may be made yearely and much victuall saued for the allowance of victuall to maintaine sixe men to carrie them and recarrie them outwards and homewards is sixe Hogsheads of Beere and sixe hundred weight of Bread besides Beefe and other prouision which men as they sayle too and fro as now they vse doe little good or any seruice at all but pester the Ship in which they are with their Bread Beere Water Wood Victuall Fish Chests and diuers other trumperies that euery such sixe men doe cumber the Ship withall yearely from thence which men are to be accounted vnnecessary persons returning yearely from thence But being left in the countrey in manner aforesaid the places of these Ships which by them should haue been preoccupied may be filled vp yearely with good fish and many beneficiall commodities and the men so left in the countrey will not only be free from the perils of the Seas by not returning yearely but will liue there very pleasantly and if they be industrious people gaine twice as much in the absence of the Ships more than twelue men shall be able to benefit their masters that are kept vpon Farmes The fertilitie of New-found-land and that yearely for the fertilitie of the soile is admirable replenished with seuerall wholesome fruits hearbs flowers and corne yeelding great increase the store of Deere of Land-fowle and Water-fowle is rare and of great consequence as also many sorts of timber there growing with great hope of Mines and making of Yron and Pitch Furres may be procured not onely by taking the beasts but by setling in processe of time a traffick with the Sauages for their Furres of Beuer Martins Seale Otters many other things Finally the rocks and mountaines are good for seeds rootes and vines and the Climate is temperate seeing the greatest part thereof lieth aboue three degrees neerer to the South than any part of England doth which hath also mooued mee to write the said commendations of New-found-land by the affirmation made vnto me by the said Captain to the end all Merchants might further this intended Plantation whereby the fishing trade may bee much aduanced and the fish it selfe become more vendible which shall bee prepared by the inhabitants of the persons to be left there For it is well approoued by all those that yearely fish for Herrings Salt boyled to preâ—erue fish Cod and Ling that Salt orderly boyled doth much better preserue fish and keepeth more delightfuller in taste and better for mans bodie than that fish which is preserued with any other kind of Salt as in now done for want of conuenient houses to boile prepare the same yet may be done by the said Plantation But this being a matter depending thereupon I am now to intreate of the fishing trade more in particular in the next Chapter ending thus concerning Plantations whereby Princes dominions are enlarged for their honor and benefit also CHAP. XLVII Of the Fishing Trade SOme men may wonder and not without iust cause That this most important argument of Fishing hath not beene handled hitherto But in truth my meaning was not to haue touched the same because of the neglect of it in the Kingdomes of Great Brittaine and Ireland where the same is abandoned vnto other Nations howbeit vpon better consideration calling many things to mind I found that it would haue beene a great error to passe ouer the same with silence and to omit the Customes of Merchants therein as the fundamentall cause of the trafficke and trade of diuers Nations whose great wealth hath proceeded from the same For it hath pleased almightie God to extend his blessings herein more than in all other things created For when God said to the earth Let it bring forth Trees and Plants Gen. 1.2 c. 22 â— and for Fowles created out of the Sea Let the Fowle flie in the open firmament and of Cattle Let the earth bring foorth the liuing thing according to his kind He saith of Fishes in a peculiar phrase Let the waters bring foorth in aboundance euery thing that hath life and willed them to increase and multiply and to fill the waters which was the cause that the Prophet Dauid being rauished with admiration saith O Lord how manifold are thy workes Psal. 104. in wisedome hast thou made them all and the earth is full of thy riches so is the great and wide sea also wherein are things creeping innumerable both small and great beasts The earth is full but in the sea are innumerable Of the beasts of the earth the learned haue obserued Scaliger Bodin Caâ—dan and others That there be scarse 120 seuerall kinds and not much more of the fowlâ—s of the ayre but no man can reckon the seuerall kindes of the creatures of the seas or can number any one kind This ought to stirre vs vp to establish the fishing trade especially for Herrings Cod and Ling which tooke his originall from vs for it is not much aboue one hundreth yeares since that one Violet Stephens Originall of the fishing Trade and other discontented Fishmongers departed the Realme of England and went into Holland to the Towne of Enchusen where they procured the inhabitants to fish for them in the seas streames and dominions of Great Brittaine which inhabitants
vpon the decease of the said Englishmen tooke the whole trade to themselues which afterwards hath beene disperced into many other Townes whereby the trade is so increased that Holland and Zealand haue aboue 2000 Busses or Fishing Ships which doe make ordinarily two or three voyages yearely albeit their countrey is remote from our Seas and England Scotland and Ireland haue the fishing as it were at their doores And such is the blessing of almightie God that aboue sixe hundreth thousand Lasts of fish are taken yearely in the dominions of the King of Great Brittaine onely ommitting the quantitie of fish taken in Denmarke Seas Russia New-found-land Spaine Italy and other dominions And here I am to make a little abridgement of the collection of one Tobias Gentleman a Fisher-man who made a Treatise touching the same intituled Englands way to win wealth and to imploy Ships and Mariners That fishing is lawfull â—easible and profitable proouing first The lawfulnesse of it by his Maiesties subiects of Great Brittaine secondly How feasible it is for them by the exemplarie actions of other Nations that haue nothing growing in their owne land for that vse but are constrained to fetch all out of other countries lastly That the trade of fishing is profitable by the successe seene with the Hollanders being rich and opulent notwithstanding their long warres and which themselues doe call to be their chiefest trade and principall Gold-mine whereby many thousands of their people of trades and occupations are set on worke maintained and doe prosper Proclamation of the States of the vnited Prouinces as may bee seene by their Proclamation annexed to the said Treatise Hereupon hee sheweth That about Mid-may they make readie their Busses and Fisher-fleetes and by the first of Iune their Stile they are seene to sayle out of the Mase Texell and the Vly a thousand sayle together for to catch Herrings in the North Seas being most of them ships of 120 or 100 tunnes and the other 60 tunnes or thereabouts hauing in them 24 men and some 16 and 20 in euery ship they continue their course North-west and by North vntill they arriue at the Isle of Shotland The scituation of Shotland Isle which is the dominion of the king of great Brittaine and the greatest Island of the Orcades lyeth in the height of 60 degrees of Northerly latitude And by the 14 day of Iune which is by their law a time limited to lay their nets they begin to fish do neuer leaue the skoales of herrings but come along amongst them following 500 miles in length lading their ships twice or thrice before they come to Yarmouth sending them away by the Merchants ships that send them victuals barrels and more salt and nets if they need any which ships are called Yagers that is to say Hunters or Doggerbotes and these ships docarry them and sell them in the East countries some to Riga and Reuell some to the Narue Russia Places to sell Herrings Stockholme and all Poland Prussia Pomerland Lituania Statin Lubek and Denmarke returning Hemp Flax Cordage Cables Iron Corne Soapashes Wax Wainscot Clapboord Pitch Tar Deales Hoopes and other commodities with plentie of money and for France they send for Burdeaux Rochell Nantes Morliaix and San Mallous Cane in Normandie Roan Paris Amiens and all Picardie and Calice with the Low-countries of the Archduke of Austria reconciled with the king of Spaine returning other commodities and moneys for the prouenue of their fish For by their laws all those Herrings that they do catch in Yarnmouth seas from Bartholomew tide vntill saint Andrew which are rope-sicke they may not bring home into Holland and these they sell vnto Yarnmouth men for readie money Their fishing for Cod and Lings continually is done with smaller ships of 40 tun burden called Pinkes and Welboats and all this is done with so good order and prouision Good orders in the fishing trade that by night and day all is supplyed and fish taken off instantly And of mine owne knowledge they are so constant in their fishing that they are contented to haue one good yeare for fishing in seuen yeares All fishermen are prouided for and their wiues at home cannot want for in their care they may be compared to Ioseph in Aegypt prouiding for the time of famine They haue besides all this continually in the season another fleete of Fisher-men called Flyboats which are in number some two hundreth or more and these be at the North-East of Shotland hauing small boats with them called Cobles and by meanes of them Lings are taken in great aboundance which they do not barrell but splet and salt them in the ships bulke To say nothing of fresh Fish and other prettie obseruations of the said Tobias Gentleman let vs note the commodious fisher-townes of England as Colchester Harwich Orford Alborough Donwich Commodious towns for fishing in England Walderswike Sould Yarnmouth Blackney Wels Linne Boston and Hull by him named whereunto I may adde Scarborough Hartlepole Whitby Marske Stockton Gysborough New-Castle and other places in the North. And it is to be much admired that this trade hath been so long neglected howbeit some are of opinion That it would hinder much to the trade of cloth if fishing were entertained especially in the returne of our commodities and that the priuiledges granted to diuers societies as the Merchants Aduenturers East-land The first obiection to the fishing trade and Russia Merchants should be infringed therby and so both trades cannot subsist together Others say The second obiection That other nations are more painefull and industrious than we can be and haue more skill in the cutting packing and salting of the Fish and which is more they can send away their Fish and pay no fraight by their ships going otherwise emptie for corne and salt for they pay but foure shillings for a Last which is drinking mony And the Hamborgers hauing heretofore imitated the Hollanders to fish with Buffes for Herrings after 5 or 6 yeares triall haue beene compelled to abandon the fishing and suffer their ships to lie by the rotting because they found a losse and that the Hollander did out sell them hauing the better and cheaper fish and the like would befall England as some haue alreadie found To these two obiections The one being Domesticke and the other Forraine I make this answere which is referred to the iudicious reader Answere to the first That the trade of cloth should be hindered by the fishing trade is not probable being a distinct commoditie which serueth for the bellie and the other for the backe and both are sold by vs and other nations in one more places and we both make our returnes homewards by commodities money and exchange for moneys by Bills so that the difference of the persons maketh not any sollid argument for if we returne commodities for commodities and they returne moneys we may returne both the one and the
other hauing meanes more than sufficient to maintaine the trades considering the great summes of money deliuered at interest although the money in specie be wanting which by these meanes would be supplyed And concerning the priuiledges graunted to seuerall societies it will bee easie to reconcile them by good orders to be obserued in the fishing trade wherein all men of seuerall companies may participate and the generall good is alwaies to be preferred before the particular and that societie which is against the common good ought not to bee admitted or continued for any priuate respect Answere To the second obiection That other nations are more painefull and industrious and haue more skill in the cutting salting and packing of fish and pay no fraight for the transportation of their fish Suppose it be so as you say for the present yet you cannot denie but that the same may be amended by vse and custome seeing our people can endure all climates and hardinesse as well as others and by good orders and gaine may be allured to vndertake labour and pains when want breedeth industrie and gaine is like a second life The managing to make fish more merchantable and vendible may be learned of others in time and for wages men will be procured that shall teach others we know that the prouerbe is true omne principium graue The like may bee said touching the fraight of shipping which in processe of time may be had in the same manner if the coast Townes of England were made and appropriated to bee the Ware-houses or Megasins for the grosse commodities of those countries where the Herrings are sold For the scituation of England is farre more commodious to send away the said commodities for all other countries and in diuers places at all times and seasons of the yeare when their countries are frozen for many moneths together or want many times winde and weather to performe their voyages which was the cause that the Hamburgers could not conueniently continue their fishing trade as is alledged Hauing answered sufficiently as I hope the two maine obiections against the fishing trade let vs now examine the benefit of it by the calculation made by the said gentleman Now to shew truely saith he what the charge of a Busse will be with all her furniture as Masts The whole charge of a Busse Sailes Anchors Cables and with all her fishers implements and appurtenances at the first prouided all new is a great charge she being betweene 30 and 40 Last will cost fiue hundreth pounds and may continue 20 yeares with small cost and reparations but the yeâ—rely slite and weare of her tackle and war-ropes with her nets wil cost 80 pounds And the whole charge for the keeping of her at sea for the whole Summer or three voyages for the filling of a hundred Last of caske or barrels 100 Last of barrels 72 ll For salt 4 moneths 88 ll Beere 4 moneths 42 ll For bread 4 moneths 21 ll Bacon and butter 18 ll For pease and billets 6 ll For mens wages 4 moneths 88 ll 335 ll A hundred Last of barrels filled and sold at 10 pounds the Last is 1000 ll 0 0 The charge deducted 335 0 0 Gotten 665 0 0 Here saith he plainely appeareth The profit of one Busse that there is gotten 665 pounds in one Summer whereof if that you do deduct one hundreth pounds for the wearing of the ship and the reparations of her nets against the next Summer yet still there is 565 ll remaining for cleere gaines by one bâ—sse in one yeare rating the Herrings sold but at ten pound the Last which is commonly sold by the Hollanders at Danske for fifteene and twentie pounds The charge of a Pinke of eighteene or twentie Last Of â— Pinke making fifteene Last of barrel fish he accounted accordingly to cost 260 ll and the prouision and wages to be for two moneths 57 ll and the Last sold at 14 ll 8 ss or 24 ss the barrell there is resting gaine for fifteene Last of barrell fish 158 ll He hath noted moreouer that besides the Hollanders the French men of Picardie haue also a hundreth saile of fishermen onely for Herrings on his maiesties seas euerie yeare in the Summer season and they be almost like vnto Busses but they haue not any gagers to come vnto them but they do lade themselues and returne home twice euerie yeare and find great profit by their making of two voyages yearely And hereupon he concludeth with an exhortation to all noble Exhortation for the fishing trade worshipfull and wealthie subiects to put too their aduenturing and helping hands for the speedie launching and floating forward of this great good common-wealth businesse for the strengthning of his maiesties dominions with two principall pillars which is with plentie of coine brought in for fish and Herrings from forraine nations and also for the increasing of mariners against all forreine inuasions and for the bettering of trades and setting of thousands of poore and idle people on worke But now returning to the lawfulnesse of fishing wherein we are to obserue That albeit hunting hawking and fishing be of one kind as subiect to a like law and libertie because that any wild beast fowle or fish being once taken by any man commonly it becommeth his owne proper by the law of nations yet there is a difference between these three and although hunting and hawking be almost euerie where lawfull yet fishing is forbidden in other mens ponds stankes and lakes as comparable vnto theft Statute Lawes of England Scotland and Ireland concerning fishing THe seuerall Statutes of these kingdomes haue established good orders concerning the fishing trade whereunto relation may be had containing in substance the ordinances to build ships and boats and appointing of certaine times for fishing and then onely to fish vpon paines not onely of forfeitures and fines but death also according to the manner of offence made and contempt of those decrees and ordinances Prohibiting for the increase of fishes the making setting and vsing of crowes yarres dams ditches tramlets parkings dyking in any waters where the sea ebbes and flowes and albeit some are permitted to lay nets and to make weares yet must he keep the Saturdaies slop that is to lift the same from Saturday in the afternoone vntill Monday And he is to make each space or mesh of his nets three ynches wide except for taking of Smelts and other fish which will neuer be bigger and the same is to be set vpon the water that the midstreame may haue the space of six foot wide vpon paine of fiue pounds The priuiledges of fishers And concerning the fishers safetie and priuiledges it is prouided That all ships sayling to catch Herrings shall during the taking of them let downe saile after day-light is past and let their anchor fall and keepe watch with lanterne and light vntill the day light appeare least otherwise the poore fishers should be
made an offer to buy the 80 tunnes remaining in the Tower to a great personage to giue it for 24 pound the tun to be transported to my friend into Holland paying readie money time was taken to giue me an answere and then difficultie was made for that treasure was not to be exported vnlesse by returning the quantitie of siluer by weight heereupon conclusion was made to bring in so much Bullion of siluer or royalls of plate But when all came to all with running vp and downe and further offering to deale for greater quantities and to take it in Scotland I was put off with this consideration That it was a dishonour to England not to haue men of as good experience as any were beyond the seas whereby the Kings losse was 2000 ll for his Highnesse gaue the same afterwards vnto Iames Achinson his Grauer of the Mint heeretofore who brought the same to nothing being vnskilfull of the refining of it And thus are good matters marred in the handling Good matters marr'd in the handling and workes brought at a stay or hindered as I haue before set downe There are many rich Mines in Scotland if wee compare them to the West-India Mines and in Wales Plus Pencer que dire where the Lead Mines are poore they containe the more siluer of 1 ½ two and three ounces in the hundreth of the Ore which will not yeeld aboue 40 or 44 ll weight of Lead and the Ore of the Mine which holdeth three ounces containeth but 25 pound of Lead The Mines most knowne are those in Cardiganshire in Wales where master Hugh Middleton of London Gold-smith hath bestowed very great charges as he did in bringing the water-workes to the Citie of London so he bringeth now siluer to the Tower to bee minted the Ore being foure ounces in the hundreth or 80 ounces in the tun and the lesse in Lead for the richer the Ore is in Lead the poorer it is in siluer So one hundreth of the best Ore of Lead will make neere 70 ll of Lead and holdeth but 1 â— ounce of siluer not worth the charges of refining as we shall declare The Lead Mines in Ireland doe containe more siluer than these Mines of Darbieshire and Somersetshire called Peake and Mendisse Lead The Saxons which were procured to come into England had no more no not so much experience as our refiners of London for by sauing of Lead they found lesser quantitie of siluer and so all was giuen ouer The third sort of Mines Royall are the Copper Mines Copper Mines which are found also in diuers Countreys which are not so plentifull in Hungarie where the best is as in times past but are very aboundant in Sweaden howbeit that it is very meane and inferiour in goodnesse There are also Copper Mines in Germany and the Duke of Brunswickes countrey as also certaine naturall Copperas waters wherein they cast from time to time great quantitie of old Yron which within sixe weekes or two moneths doth transmute into Copper Naturall water of Copperas England hath diuers Copper Mines at Keaswike neere Scotland are made some fortie tunnes yearely by certaine Germanes there inhabiting it containeth some Gold Some Mines of Copper Ore are found in Yorkeshire and albeit the charge of making one tunne of Copper be commonly 30 ll yet if seuen tunne of Copper Ore make one tunne of Copper it may yeeld good benefit for whereas 22 fires haue beene vsed it is brought to 12. I haue seene excellent Copper Ore of some Mines in Staffordshire in the hands of master Stonewell Staffordshire Copper Mines which absolutely is the best Ore that euer was found in England hee doth assure mee of great store of Ore It is lamentable that such workes should lye dead for want of vndertakers which indeed are discouraged by the great charges In mine opinion the charge of a tunne of Copper of this goodnesse of Ore will be made for 15 ll There are also good Copper Mines in the West parts of England where I haue seene good Ore in diuers places which must be roasted to destroy the Antimonie Arsenicke and other corruptions which are in it The working of copper Ore by Allome and Copperas water A certaine Nobleman now deceased was imbarked in those Westerne Mines which were promised to be wrought by imbibition of Allome and Copperas water and the Ore after digestion with raine-water would make of six tuns one of Copper hereupon for 300 ll by him disbursed he was offered 1800 ll It pleased his Lordship to take my aduice and to conclude the bargain for when I did calculate the charge of grinding and roasting of the ore the making of the great quantitie of Allome water and Copperas the consumption of yron plates decreasing in weight with all the tubs and vtensills the long time of imbibition and consequently workemens wages I found the charge to exceed and that the course of ordinary melting was to be preferred and so experience hath since proued the same to the great losse of the vndertakers For when workes are clogged with immensiue charges in the beginning it choketh the benefit euer after as we shall presently declare Seeing that profit is the radicall moisture of such and the like actions his Maiestie hath beene graciously pleased to incorporate a Companie of worthy persons The Compaâ—ie of Royall Mines for all Royall Mines by Letters Pattents and hath reserued but one fifteenth part to himselfe But there is none of that Companie that doth aduance any works that I can learne I would to God that the Mines Royal or others would proue to be worth ten thousand pounds yearely and aboue whereby his Highnesse according to the ancient Maxime of the Law might claime his interest as they say for it is well knowne how gracious and bountifull his Maiestie is alwayes The great wealth of the West-Indies would not bee so admirable vnto vs A Spanish Million is 300 thousand pound sterling the Report whereof is greater than the Truth and the Spanish Millions are not sterling Millions Neuerthelesse let vs reckon them with the most which is three hundreth thousand pound sterling And when the Fleet of the West-Indies and Noua Espagna bringeth eight or nine Millions it is a great matter And to make this apparant I haue heere set downe the greatest Treasure that euer came at any one time which was in the yeare 1587 as a prouision for the great Armada then preparing whereunto unto great beneuolences had beene gathered in regard of the meritorious action which God from Inuincible made Inuisible The Register of the treasure was with the most namely From Noua Espana and Terra firme For the King 8100 Ingots of Siluer 12 Chests with Gold 300 thousand Royals of eight 20 Cases with Pearles 1 Chest with Emeraulds 5600 Roues of Cutchenille For particular persons A remembrance of the greatâ—st reuenue of the West-Indies 5 millions Teasted siluer
so many millions of Copper moneys in foure and eight Maluedies and otherwise and in Portugall of Vintenis Patacois of so many Reas that the halfe Ryall which is our three pence is onely of Siluer and all moneys vnder it are meere Copper without any mixture of Siluer This quantitie is almost incredible for it is not many yeres since during the Kings raign of Philip the third that certaine Italians finding fault that his Octauos and Quartillos were too big gaue the King sixe millions of Ducats to coyne them at halfe the weight within a time limited and as many as they could vtter within that time Necessitas non habet legem is true in some respects The Venetians also coyne meere Copper moneys Copper moneys of the Venetians they haue Sessini which are valued at two Quatrini and three Quatrini are one halfe pennie sterling for six Quatrini are one pennie Bagatini they haue also whereof foure make one Quatrini and twentie and foure Bagatini make one pennie sterling by calculation In France they haue Mailles petit Deniers Deniers Doubles Of Fraunce and Liarts in times past most of these had some Siluer in them but vpon due consideration that it was so much Siluer wasted because the charges of refining did surmount the value and that these moneys did serue for the commutation of pettie things and trifles they haue saued that Siluer Of Germanie The like they haue done of all the small moneys in Germanie but they cause them to be Alkimed like Siluer which is done with Tin and Sal Armoniake after they be coyned which holdeth fairer for a longer time than the moneys of siluer allayed with much copper being in a maner incorporated with the copper and taketh away the smel of it Such are their Hellers Albs Hallincke and the like small copper moneys Of the Low-countries In the Low-countries they haue Duyts Mites Negemanckens Ortkens whereof foure make a Styuer and fiue Styuers make sixe pence which we may well call a Styuer for a pennie sterling eight Negemanckens and twentie and foure Mites for one pennie also In some places as in Flanders the Mite is called Corte and in the Wallone countrie Engcuni and in other places Point Pite Poot being all subdiuisions of Obolus or the halfe pennie Of many other kingdomes and states gouernment In Bohemia Poland Sweaden Denmarke East-land and many other Kingdomes and States they haue meere copper moneys tedious to describe likewise in Italie in their seuerall principalities and dukedomes Of Scotland In Scotland they haue Turnoners and pence and halfe pence in their names and much base money of Achisons Plackx Babyes Nonsuits Of Ireland and the like In Ireland they had in Queene Elizabeth her time halfe pence and pence of copper which are most of them lost and consumed The necessitie of these small moneys did appeare here with vs in England where euerie Chandler Tapster Vintner and others made tokens of lead and brasse for halfe-pences and at Bristoll by the late Queenes authoritie Farthing tokens in England were made of copper with a ship on the one side and C.B. on the other side signifying Ciuitas Bristoll these went currant for small things at Bristoll and ten miles about Hereupon it pleased our soueraigne Lord the K. to approue of the making of a competent quantitie of farthing tokens to abolish the said leaden tokens made in derogation of the Kings Prerogatiue Royall which farthing tokens being made by Engines of meere copper in the yeare 1613 with certain cautions and limitations haue on the one side two scepters crossing vnder one diademe in remembrance of the vnion betweene England and Scotland and on the other side the harpe for Ireland and the inscription of Iacobus D.G. Magnae Britt Fra. Hiber Rex And the said farthing tokens haue not onely beene found very commodious and necessarie for pettie commutations but also to be a great reliefe of the poore and means to increase charitie without which many of them had perished euerie man hauing means to giue almes euen the mechanicall poore to the indigent poore Siluer moneys To come to the coynes of siluer we haue also noted that the Romanes made but moneys of siluer the 484 yere after the foundation of Rome which was in the yeare 3695 from the beginning of the world being now about 1900 yeres since and by some coyns models extant the goodnes of it was sterling siluer being aboue 11 ounces fine since which time many are the standards of siluer moneys made in diuers countries according to occasions both in time of peace and warres as you may find in the following Chapters where wee haue reduced them from the marke weight vnto the pound weight Troy of twelue ounces And concerning the Moneys of England of the sterling Standard more followeth hereafter The Moneys of gold were but made when the Romanes had taken great wealth from all Nations Gold Moneys and was sixtie two yeares after their beginning of the making of siluer Moneys and they were of fine gold since which time also there haue beene many Standards made of gold and that from about twentie foure carrats fine vntill seuen carrats c. CHAP. VI. Of the Officers of Mints THere are diuers Officers in all Mintes The principall Officer is the Warden of the Mint next is the Mint-master the one to looke to the making of Moneys compleat according to the Standards and the other with his workemen called Monyers to make them Then there is the Comptroller to keepe the Contrebookes for the Prince State to see the bullion receiued and the assayes made thereof and the compleat moneys returned for the same weight for weight paying coynage money forthe same which is done by the Warden by the said moneys in specie as they were coyned at the first There are commonly two Assay-masters one Grauer and his deputie one that keepeth the Yrons to deliuer them to the Monyers or the Prouost or chiefe of them to see them euery night returned againe then the Sincker Smith Porter and the like in their places all these haue wages for themselues or allowances yearely from the Prince or State The Mint-master and the Monyers are paied for euery pound weight they make whereof 30 ll weight they call a Iourney The Tellors Office is but vsed in England The Sheyre booke of Moneys which the Wardens deputies execute in other countreys to keepe a Sheyre Booke of the peeces contained in the marke or pound weight although the money be deliuered by weight and not by tale For although there be suppose eight or ten peeces ouer in 100 ll by tale it doth incourage the bringer in of Bullion for the â—â—act sizing is not so much to be regarded vpon the totall in quantitie as vpon the equalitie of weight in peeces for it happeneth sometimes that one shilling will weigh one farthing or halfe penny
and fiue shillings Flemish for our twentie shillings sterling whereas before they did allow and reckon thirtie seuen shillings and six pence or thereabouts which is aboue our inhauncing of ten pro cent and ought to be almost thirtie eight shillings whereof our Mint men câ—n take no notice much lesse our Goldsmiths and Merchants which either are ignorant or wise in their owne conceits and it is a hard matter to find in one man that which belongeth to the professions of many and when it is found to imbrace it for wisdome draweth backe where blind Byard is audatious For mine owne part although it were to be wished which is not to be hoped that we were of the Scithians mind who contemned siluer and gold as much as other men do admire the same yet seeing money is by the iudgement of the wisest so necessarie to the common-wealth that it seemeth to be the Sinowes of peace and as it were the Life and Breath of warfare I could not if I were a Law-giuer with Licurgus banish gold and siluer as the causes of much euil and bring in yron in place vnlesse I might be persuaded as he was of such good successe against vnrighteous dealings as issued thereby but rather vse the pretious mettalls so conueniently as I might and supplie the defect with baser coyne whereunto these chiefe mettals of gold and siluer cannot serue without great losse and inconuenience Or else I would by the course of exchange for moneys preuent all and abound with moneys and bullion hauing such Staple commodities to procure the same withall whereof other nations are destitute Let vs now therefore enter into consideration of the Merchants Valuation in exchange Merchants valuation predominant which we haue noted to be predominant and ouerruling the Kings Valuation For if the King do value a peece of sterling siluer weighing about foure pennie weight at twelue pence it wil be currant so within the realm But Merchants in exchange wil value the same at 11 ½ pence and commonly at eleuen pence and so it will be transported in specie by a low exchange and the commodities of the realme will be sold accordingly as you may vnderstand by the declaration of exchanges in our third part of this booke hereafter This Valuation of Merchants hath two handmaides beyond the seas which do aduance the forreine coyne in price as we do by exchange abate the same For Merchants when they haue occasion to vse any species of coynes for transportation as Dollers for the East-countries to buy corne or Royalls of plate for the East-Indies or French Crownes for Fraunce will giue one two or three Styuers or Soulz vpon a peece to haue the same whereby other Merchants buying commodities will condition to make their paiment in such coynes accordingly Currant money in merchandise and so it goeth from man to man by tolleration which is called Currant money in merchandise or Permission money whereby the same are inhaunced two or three vpon the hundreth at the least This inconuenience seemeth to be remedilesse as the Placcart of the Estates of the vnited Prouinces declareth Anno 1594. albeit the course of it is beneficiall vnto them and in regard of them may well be called Permission money For when they will not breake the coyne of other nations as the manner is in all Mints then it is either valued rather aboue the value which contenteth the said nations and so is permitted to passe betweene man and man which draweth moneys vnto them which doth not endure long Valuation altered by practise with Mint masters For the last and third effect of Merchants Valuation between the Mint-masters who loue to be doing and the said Merchants commeth in place either by abating the price of the said forreine coyne by Proclamation to auoid their hands of it or to gather vp coynes before they be inhanced diuiding the benefit between them the Financiers who are Officers of their Treasurie which is done with great dexteritie euerie way in so much that when it seemeth they will not haue forreine coyne and to that end they vnderualue the same then haue they their Exchangers or Brokers to gather vp those moneys to be brought to their Mint where they will giue secretly a benefit and helpe themselues by the sheire which cannot be done without priuate authoritie So that all things duely considered there is nothing but the rule of exchange to preuent and moderate all these inconueniences which to make men beleeue is to vndertake Hercules Labours for herein doth the motion consist and Motus maior expellit minorem Touching the Proportion betweene gold and siluer in valuation albeit some are of opinion That the same is not much materiall in the course of trafficke yet experience hath shewed vnto vs that the contrarie must be beleeued before their conceits And whereas they haue made obseruation vpon my former assertion to this purpose That Spaine holdeth the Proportion of twelue to one and Portugall holdeth but ten to one they doe not marke the reason added therevnto which is That betweene those Kingdomes there are no commodities to establish any trafficke So that exportation of siluer for gold Permutation of Moneyes or gold for siluer is but a permutation betweene them without any profit But England and other Countreys affoording meanes to import aboundance of forraine commodities and gold being with vs in greater estimation than heretofore being but of late yeares aduanced from eleuen to twelue for one An. 1611. that is to say From eleuen ounces of siluer to twelue ounces of siluer for one ounce of gold was continually transported in returne of the said forraine commodities the exchange not answering the true value of the gold so that now when our gold is yet more aduanced the siluer is thereby more abated in price giuing 13 â…• for one and therefore no maruell that gold is imported vnto vs and siluer is exported there being a gaine of aboue tenne and twelue pro cent And this losse of siluer farre exceedeth the gold in value because in quantitie there is in the world 500 of siluer to one of gold Siluer is 500 to one in quantitie by weight extant and if any siluer by accident be imported it is exported againe for the East-Indies and other places they giuing more for it than the price of our Mint for gaine is the commander of all The Proportions vsed within the memorie of man are as followeth IN the Low-countries they did reckon two Phillip Dollers for the Emperours Royall of gold whereby one marke of gold did counteruaile eleuen marke of siluer being eleuen to one in the pound accordingly In Spaine one marke of gold was valued at 53 ½ Pesos euerie Peso 450 Maluedeis and euerie marke of Siluer 2250 Maluedeis maketh the marke of gold to be but 10 â…” valued by siluer but the Spanish Pistolets of twentie two Carrats fine to eleuen Royalls is eleuen of siluer
to one of gold In France the marke of gold valued at seuentie foure Crownes and the siluer at 6 ⅓ Crownes maketh the proportion 11 11 19 parts but valuing the French Crowne at three Frankes is eleuen to one In England the Angel at ten shillings and the siluer at sixtie shillings the pound Troy of 12 ounces being that six Angels did weigh an ounce made also eleuen to one In Germany one marke of Siluer at 8 ½ Gold guilders maketh 11 ⅔ for 1 but the valuation of moneys being altered hath also altered the same In Rome the pound of siluer at 108 Carlini and the Ducat of gold 99 ¼ is 12 to 1. So at Millaine the Ducat 112 and the Teaston 28 is but 9 ⅓ for 1. The siluer being so in request there for the making of gold and siluer threed that is to say siluer threed guilt and white Now for all places of momentarie trafficke it is 12 to 1 and in England 13 ½ to 1 as hath beene declared The valuation of forreine coyne of gold and siluer published in the vnited Low Prouinces on the 21 day of Iulie 1622 with the orders established by the Estates of the said Countries for the better obseruation of the said valuation which neuer the lesse are continually infringed from time to time And the like is done in other countries so that to obserue our owne rule according to Equalitie and Equitie will be found the best and safest course of Politicke gouernment  Guilders Stiuers Flemish The great golden Ryder of the vnited Prouinces 11 6 or 37 s◠8 d The halfe of the said Ryder 5 13 18 10 The double Ducat of the said Prouinces with the Letters 8 10 28 4 The French Crowne 3 18 13 0 The Pistolet of Spaine of foure Pistolets 15 8 51 4 The double Pistolet of Spaine 7 14 25 8 The single Pistolet after the rate 3 17 12 10 The Albertins or ducats of Albertus of Austria 5 13 18 10 The double Rose Noble of England 18 12 62 0 The Rose Noble of Henricus Edward and Queene Elizabeth 9 6 31 0 The Henricus Noble 8 6 27 8 The Flemish Noble old and new of the vnited Countries 8 0 26 8 The old Angell of England 6 4 20 8 The new Ryder of Guelders and Freeseland 3 13 12 2 The gold Guilder of those Mints 3 2 10 4 All which coynes are to bee weighed with their accustomed weight and the remedie of two graines and no more with some little aduantage ouer or at the least being within the rest of the ballance Prouided alwaies that the coynes of their due finenesse although they be lighter shall be currant paying for euerie graine wanting two stiuers Siluer Coynes  Guilders Stiuers Flemish    ss d. The Lyon Doller of the Low Prouinces 2 0 6 8 The Rickx Dollers in generall 2 10 8 4 The Crosse Doller of Albertus 2 7 7 10 The Spanish Ryalls of 8 2 8 8 0 The Doller of Zealand and Frise with the Eagle 1 10 5 0 The Floren or Guilder of Friseland 1 8 4 8 The English Shilling and of great Brittaine 0 10 ½ 1 9 The Marke peece or Thistle of Scotland 0 12 2 0 The Harpe of Scotland and Ireland 0 8 1 4 And if any of the said peeces be found to want of their weight and the appointed remedy within the rest of the ballance or some little aduantage ouer they shall be currant paying for euerie graine wanting two pence Hollandts whereof 16 make one stiuer and the English groats are made bullion or shall not be currant Small Moneys for ordinarie payments THe Shillings of all the seuerall Prouinces respectiuely and of the Mints of Nimogen Deuenter Campen and Swoll 6 Stiuers The halfe Shillings after the rate 3 Stiuers The peeces called Flabs of Groninghen 4 stiuers the double 8 Stiuers The twintigst part of the great siluer Royall 2 ½ Stiuers The double and single stiuers of all these countries 2 1 Stiuer The tenth to be receiued in copper monies 1 Of all which small moneys for the payments of rents interest or abatement of the same as also of all manner of Merchandise exceeding in one parcell the summe of one hundreth Guilders no man shall be bound to receiue more than the tenth pennie 2 The Duyts according to the order of the Prouinces made in the Prouinciall Mints and none other are as yet tollerated for a Duyt and all other copper moneys of the Prouinciall Mints are also tollerated to be paied out for one pennie the peece the 16 whereof make one Hollandts Stiuer and not aboue whereas we do intend hereafter to prohibit the same to be currant for any price because wee will prouide our selues forthwith with so much copper mony as the commodiousnesse shall require 3 We do also prohibit from henceforth no copper moneys to be brought into these countries aboue two stiuers vpon paine often stiuers for euerie peece to be forfeited and whosoeuer shall issue any copper moneys aboue the said price shall incur the like penaltie of ten stiuers for euerie peece 4 And all the said coynes shall be currant in these Prouinces for the prices aforesaid declaring all other peeces for bullion All other coynes made bullion to be molten which by this Our proclamation are not valued prohibiting any of the said peeces to be offered or receiued as also to presse any of those which are valued to be paied at a higher price than they are valued and likewise offer to put forth other coynes of gold and siluer valued which are clipped washed broken mended neiled or otherwise augmented in weight vpon forfeiture of all the said coynes so to be offered at higher rates than this proclamation doth permit and if the fact be not instantly discouered to forfeit the value thereof and moreouer the quadruple or the value thereof or 24 guilders in liew thereof if the said coynes did not amount to sixe guilders for the first time the second time double and for the third time quadruple and moreouer arbitrable correction according to the qualitie of the fact 5 Without that any distinction shall be made whether the said coynes were instantly paied from forreine parts or sent from some one Prouince or Towne into another in which case if the receiuer thereof will be freed of the said forfeiture he is to giue notice of it within twentie and foure houres after the receipt thereof vnto the Magistrates or other Officers to be thereunto appointed to the end they may proceed therein against the sender of the said coyne as it shall or may appertaine 6 Yet shal the said Receiuer keepe the said coyns wholly to himselfe if the said moneys be sent vnto him in paiment of a former debt and neuerthelesse haue his action against the partie for so much as they shall want of the said valuation and if the said coynes be sent for any debt as yet not due or to be made the said
merchandising by Bills of Exchanges and especially two other Exchanges which they named Cambio sicco and Cambio fictitio 3 Cambio sicco This Cambio sicco alias called drie Exchange is in this manner A Merchant hath occasion to vse Verbi gratia one hundreth pounds which they will deliuer him in London to be paied vnto their Factor at Stoad but hauing there no Factor of his owne the said Merchant is contented to make his Bill of Exchange vpon the Bankers Factor payable to him the said Factor with order and aduice that when the said Bill shall be due he shall charge him by Exchange againe and take vp the Money there and hee will pay the same with the rechange and charges of Factoridge and Brokeridge wherein they will be sure to make him pay verie great vse or interest of fifteene or twentie in the hundreth for the taking vp of this Money and to make it more drier Exchange they will be contented to take no Bill at all but the Merchants promise to pay it as other men doe at the same time dealing in Exchange for the said place of Stoad and in like maner for other places 4 Cambio fictitio Cambio fictitio is yet more pernitious and performed in this manner A Merchant to keepe his credit being driuen to buy goods for a shift when Money is not to be had and he will not be beholden vnto others comming vnto them as hauing store of commodities at all times they faine that they haue need of Money and must sell their commodities for readie Money Prouided alwaies say they with louing protestations we will pleasure you thus far looke what the goods come vnto we will take it vp for you by Exchange for Venice Lyons or some other place so as you will pay vs for Exchange Rechange or any other incident charges wherunto the merchant agreeing then shall he be sure to pay soundly for the vse of the Money and loose exceedingly vpon the wares These two biting manner of Exchanges being discouered were by an Act of Parliament prohibited in the third and fourth yeare of King Henrie the seuenth afterwards as is noted the Exchange being discontinued in the time of King Henrie the eight it happened that the former abuses came to bee rife againe in the raigne of King Edward the sixth Exchange was forbidden which caused the vse of Exchange to bee vtterly forbidden for a short time But as Ships cannot saile without water no more can trafficke subsist without Exchange in the accustomed places so that the inconueniences appearing it was restored againe in hope of good dealing and reformation promised by other Princes concerning the Royall Exchange But in the time of Queene Marie it was againe neglected who being married with King Philip the second of Spaine did conniue in those things because the dominion of the Low-countreys were esteemed to be vnder one degree In the beginning of the raigne of Queene Elizabeth Complaints of Exchanges new complaint were made of the new Exchanges by Master Hussey Courtmaster of the Companie of Merchants Aduenturers but no man could apply or find a remedie to moderate the inequalitie of Exchanges and to haue value for value as appeareth by Letters Pattents graunted to the old Lord Treasurer Burghley who did not execute the same in three and twentie yeares after for want of true direction to the great losse of the Realme as may bee seene by a Commission in Blanke returned by diuers Merchants albeit the Italian Merchants in those daies could not denie the abuses thereof being expostulated withall as by their politicke Letters appeareth vnder the hand of Acerbo Velutelli Suigo Caualcanti and others who wanted not some vpholders to maintaine their priuate benefit * ⎠* CHAP. II. Of the true calculation of Moneys in exchange by Bills of Exchanges according to Par pro pari The true ground of Exchanges THe true royall Exchange for Moneys by Bills of Exchanges is grounded vpon the weight finenesse and valuation of the Money of each countrie according to the Par which is value for value and so is our Exchange of England grounded vpon the weight and finenesse of our Monies aforesaid and the weight and finenesse of the Moneys of each other countrie according to their seuerall standards proportionable in their valuation which being truely and iustly made maketh the price of Exchange for euerie place according to the denomination of the Money wherupon all Exchanges are made These Exchanges do much differ in the name and proportion between the gold and siluer obserued in most countries so that we are to examine and compare our weight aforesaid with the weight of other countries and the finesse of the sterling standard with the finesse of the seuerall standards of the coynes of other countries and if we differ not with them in the proportion betweene the gold and siluer The maner to calculate Exchange then may our Exchanges run at one price both for gold and siluer taking the denomination according to the valuation of Monies of each countries and hereby shall we find how much fine siluer or gold our pound sterling containeth what quantitie of other Monies of Germanie Italie France the Low-countries Eastland and elsewhere we are to haue in Exchange to counteruaile the same in the like weight and finenesse answerable vnto ours be it by the Pound Doller Ducat Crowne Imaginarie and reall coyne or any other imaginarie or reall coyne giuing alwaies value for value and receiuing the like which is called Par. But this course of Exchange being of late yeares abused and as it were made a merchandise Par of Exchange doth ouerrule the course of Commodities and Moneys by rising and falling in price according to plentie and scarcitie of Money and in regard of discrepaunce and distance of time and place which made some Merchants by mistaking to compare the course of Commodities and Exchange to be a like as if the measure of a thing and the thing measured thereby were alone For euen as money is Publica Mensura or the publike measures within the Realme betweene man and man Exchange the the publike measure of nations c. so is Exchange for moneys the publike measure betweene vs and forraine countries for all commodities bought and sold which therefore requireth a certaintie in the calculation of the Par aforesaid admitting neuerthelesse an aduantage aboue the same vpon occasions on either side This Exchange is properly made by Bills The manner of the Royall Exchange when money is deliuered simply here in England and Bills receiued for the same to haue the payment thereof in some other countrey beyond the Seas or when the like is done beyond the Seas and the money is receiued here in England and that vpon a certaine price agreed vpon between partie and partie which is termed the price of Exchange whereof Merchants haue the onely and whole disposing and buy and sell
shillings or seuentie two pence and 72 ½ pence for the said French Crowne in Exchange when the Crowne in specie is paied him in France for seuentie fiue soulz The like consideration are we to haue of the Dollers of Germanie of the Polish Guilders or Florins and all other coynes inhaunced aboue the Par of Exchanges heretofore calculated amongst Merchants and especially with the admittance of Princes The operation heereof in the course of trafficke is of verie great moment more than in times past when the difference was not so sensible which made me to compare the same vnto the serpent Aspis which stingeth men in such sort that they fall into a pleasant sleepe vntill they die which is meant by particular persons whose estate is consumed by running vpon Exchanges Or like vnto the crueltie of the Planet Saturne which maketh his spherecall course in thirtie yeares with great operation although wee doe not so sensibly perceiue his motion which is meant in the reuolution of State affaires in progresse and continuance of time CHAP. XI Of Attachments and Arrest THE Common Law of England doth not vse the course of Attachments as is vsed by the Custome of the Citie of London which was borrowed from Merchants actions obserued in forraine Countreys and was thereupon by Custome here established it being a readie way whereby men may secure themselues of present meanes if they doubt of their debtor For if the creditor do know any debts or goods belonging vnto his debtor he may instantly vpon a specialtie to be exhibited vnto the Magistrate haue authoritie to attach the said debts and goods in the hands of any person where he findeth the same onely Priuiledged places excepted or Ecclesiasticall persons in most places To this Attachment if the partie doe appeare and put in baile either by himselfe or his Atturney then the Attachment is ipso facto void and declaration being put in dependeth in Court vpon the said baile and if no declaration bee put in the next Court day or within three dayes then the said baile is likewise discharged by the said Custome albeit this is not so duely obserued as the Customarie Law of Merchants requireth But if the partie doe not appeare and the Attachment doe proceed three Court dayes or three defaults to be entred then for the fourth default judgement or sentence is giuen that hee who did make the Attachment shall recouer the said debt and goods and take the same into his owne possession vpon good sureties to be put into the Court to answere the value thereof within one yeare and a day in which time the proprietarie may disreason the said recouerie by disprouing the other parties surmises or allegations prouing that the specialtie was paied whereupon the Attachment was grounded For the Attachments beyond the Seas cannot be made vpon any pretended Action but must bee done vpon a Bill of debt and many times the Magistrates will sequester the goods or debts into their owne hands to auoid incertainties of honest dealings Besides Merchants will be aduised before they make Attachments because both the Ciuile Law and Customes of Merchants doe impose great damages vpon the partie if hee haue made his Attachment without iust cause to the ouerthrow of the other parties credit And moreouer if it be vpon debts appearing by specialties or Bills Obligatorie it may fall out that the said debts are transferred or set ouer vnto other Merchants according to the Custome heretofore mentioned whereby the propertie is altered I remember a case of mine owne that happened aboue twentie yeares since which concurreth with the matter in hand A Merchant being indebted vnto me by a Bill Obligatorie the summe of 800 ll payable at six moneths was perswaded by a friend of his with whom I had some differences and controuersies of accounts to suffer an Attachment to be made in his hands of the said moneys by the Custome of London vpon promise made vnto him That he would giue him long dayes of payment for the said moneys whereupon my Debtor appeareth to the said Attachment and did acknowledge the said debt of 800 ll relying vpon the long dayes of paiment and he that made the Attachment did proceed in the Law and had judgement thereupon making no doubt to obtaine execution accordingly Being aduised by learned councell in London Attachments to be remoued after judgements wee suffered him so farre to proceed and then we did speake in Arrest of execution and brought a Writ of Certiorare out of the Kings Bench vnder the hand of the Lord Chiefe Iustice putting in speciall baile in London to satisfie the judgement The record was remoued to the said Court of Kings Bench and there wee did put in other baile and vpon that brought a Supersedias into London and discharged our especiall baile and by the Law the said Attachment and all proceedings were made void and this Merchant was taken Pro confesso and ordered to bring the money instantly into the Court whereas he had yet six moneths for the payment the interest whereof was 40 ll whereby the Prouerbe tooke place Fallere fallentem non est fraus Here the Law did preuaile against Custome but in another like matter of attachment Custome hath preuailed against the Law One being indebted vnto another the summe of one hundreth pounds payable at a certaine time it came to passe that the Creditor went ouer beyond the Seas before the money was due the cautelous Debtor vpon vntrue surmise to defraud the Creditor made attachment of this money in his owne hands by the Custome of London and put in sureties to bee answerable for it for one yeare and a day according to the manner and order of the Court in which time the said Creditor was to disreason the said pretended debt but the Creditor being beyond the Seas and ignorant of these proceedings came ouer after the expiration of the yeare and a day and the Debtor had judgement vpon the said attachment and execution awarded vnto him in his owne hands The Creditor being now come ouer demanded his money the other denied to owe him any in briefe the Bill was put in suit at the Common Law the Debtor did plead the said judgement and recouerie in London and by that practise and fraudulent meanes defeated his Creditor and being done by Law it is taken to be no cousenage to be punished by the Starre-chamber or other Courts onely the partie is A.K. Touching Citizens or Merchants arrests beyond the Seas there is a Custome that no Officer may arrest after Sun set No arrest to be alter Sun set such therefore as goe abroad but at those times are said to Fly with the Owle by a common Prouerbe and it is hoped by the said Custome that the Debtor may by hauing accesse at some time vnto his Creditor compound with him and preserue the good opinion and credit wherein hee liueth and thereby not onely haue meanes to recouer himselfe but also be
bread and water for a time at the discretion of the Iudge But if the debtor be so poore and notwithstanding hath such a cruell aduersarie that will make dice of his bones that is say to haue his debtor die in prison and to hang vp a bale of dice for him in the Crowne Office as is done by the Officer in place or the Goaler then hath the Law beyond the seas prouided some reliefe for this poore man for the custome is in Germanie France Italie Spain and the Low Countries that no man is imprisoned for debt aboue a yere and a day in which time the creditors haue power to take seise and sell all the estate of the debtor which being done or before the woman in most places may claime her dower for her reliefe children and the rest is diuided amongst the creditors as far as it will go and so the debtor is freed from those debts for euer for by the Ciuile Law Qui vult cedere bonis liberatus est a debito if the debtor do relinquish his estate to the creditor he is free from the debts and all goods falling to him afterwards are his owne But this man is euer after disabled to come to any preferment and such a creditor as is the cause of it will be hated and accounted worse than a Iew or Pagan For the manner of Cedere bonis or to make cession of goods is verie hainous The manner of Cedere bonis and of wonderfull disgrace so that most men will rather die in miserie than to come vnto it because it happeneth not once in twentie yeares yet is it farre inferiour to the punishment of the pillorie or the striking ouer the legge vsed in Russia at the creditors instance whereby the debtor is set at libertie and the debt paid The partie commeth before the towne-house and standeth vpon a stone in the view of all the people and vnloosing his girdle he desireth them and all the world to take notice that he hath nothing left him to pay his creditors and so renounceth all what may be found to be his or what any manner of waies he might pretend and in token thereof he may not weare his girdle any more nor be imployed in any businesse as a liuing man yet afterwards by some composition to be made with the creditors he may be restored by a declaration to be made by some Officer vpon the said stone and then he is permitted to weare his girdle againe In the said countries no gentleman or man of qualitie may be imprisoned at all for debts his estate onely is liable thereunto and yet with reseruation of such necessarie things as Honestie Honour Humanitie and Christianitie doth challenge namely the souldiours Person his Armes his Apparrell Bed and Chamber conueniently and necessarily furnished which may not be taken for debt and the like reseruation is made to euerie other man of qualitie so that imprisonment of men bodies for debt according to the common practise of England is a greater burden and bondage than is to be found in any other christian or heathen countrie And for asmuch as the mischiefe and incoueniences arising to the King and Common-wealth by the imprisoning of mens bodies for debt haue beene propounded heretofore in Parlement by a printed remonstrance which like vnto a Pamphlet may be lost whereby good matters are many times put in obliuion I haue thought conuenient to make an abstract thereof in the maner as the said reasons are laid downe to be inserted in this booke in hope of some releefe vnto decayed Merchants whose estates may remaine liable to answere their creditors without imprisoning of their bodies against the Law of God the Law of man the Rule of justice the Law of conscience and christian charitie and against the Practise of other countries as aforesaid and finally against the creditors owne profit The Law of God willeth and commaundeth euerie man to follow a vocation to doe the honour Against the law of God duties and seruices owing to his Prince and countrie and Parents and to maintaine his wife children and family and to instruct them in the feare of God so that whatsoeuer directly or indirectly forbiddeth the said christian duties in the performing thereof by an imprisonment is against the law of God whereupon all humane lawes ought to be grounded No law of God willeth or commaundeth imprisonments of mens bodies for debt nor is it warranted by any example in the word of God and the efficient meanes bringing men into prison as vsurie is appeareth plainely to be forbidden by the word of God as hath beene noted out of the old law neither hath the law of the Gospell a word of commaund or warrant for imprisoning a christian brother for debt Exod. 22.26 Deut. 23.19 Leuit. 25 35. Ezech. 18 8. Ieremy 34.14 but rather containeth a commaund to relieue him if he be fallen into decay to take care how and wherein he shall sleepe to set him free at sixe yeares end and then to reward him By the Law of man it was not so Ab initio for by the Common Laws of England Against the law of man which are the most ancient most eminent most binding lawes no man may be taken or imprisoned for debt but the creditor was to take satisfaction vpon the debtors estate of goods lands according to Magna Char. 3. H. 3. and 14. Ed. 3. although after accountants onely were to be imprisoned vntill they paied which was made generall against all debtors by the statute of the 25. Ed. 3. cap. 17. yet prisoners in Execution might and did follow their vocation and affaires by baile mainprise or baston as by the statute of 1. Rich. 2. cap. 12. and from that time forwards were prisoners tied vp shorter to the writ of Habeas corpus or the Kings speciall mandate vpon surmises Habeas corpus that the said debtors made secret estates in trust to defraud their creditors or were wilfull and obstinate to pay them being able To answere these obiections it is vniust to punish all promiscuously aswell frauders as non frauders without and before any proofe made yet if the fraud were proued or his abilitie and sufficiencie either there is no cause to imprison his bodie because the law doth giue the estate fourthwith to the creditor whether the debtor will or no so it is still needlesse to imprison the bodie for twentie yeares imprisonment discounteth neuer a pennie of the debt and yet the debtor hath suffered more miserie and punishment than a guiltie Traytor or Rebell suffereth for the highest offence It is against the rule of Iustice and law of Nature Against the rule of Iustice. that men equally free borne should be depriued of the common and equall libertie and bee giuen into the power of another without criminall cause or guilt The debtor is either punished for guilt or cohersion if for guilt it is against the rule of
naturally and lawfully borne within this your Maiesties Realme of England and also that they and euerie of them shall and may from henceforth by the same authoritie be enabled and adiudged able to all intents and constructions to demaund challenge aske haue hold and enioy landes tenements hereditaments and rents as heire or heires to any of their auncestors by reason of any descent remaine reuert or come to them or any of them by any other lawfull conueiances or means whatsoeuer or which hereafter shall come c. as if they and euerie of them had beene your Highnesse naturall subiects borne and to hold and inioy to them and euerie of them ioyntly and seuerally lands tenements and hereditaments or rents by way of purchase gift graunt or otherwise of any person or persons to all constructions and purposes as though they and euerie of them had beene your Highnesse naturall borne subiects and also that they and euerie of them from henceforth may and shall bee enabled to prosecute maintaine and avow iustifie and defend all manner of actions suits plaints and other demands whatsoeuer as liberally frankely fully lawfully surely and freely as if they and any of them had beene naturally borne within your Maiesties Realme of England and as any other person or persons naturally borne within the same may in any wise lawfully doe any Act Law Statute Prouiso Custome Ordinance or other thing whatsoeuer had made ordained or done to the contrarie in any wise notwithstanding And your Petitioners shall daily pray for your Royall Maiestie long in honour and most safetie to remaine ouer vs. This Petition in nature of an Act of Parlement The manner of proceeding in Parlement is deliuered to the Speaker of the Parlement who vpon the second reading in the Commons House procureth the same to bee referred to certaine Committees before whom the Petitioners doe appeare and after examination if there be no apparant cause that might crosse them the Bill is returned into the Parlement and read for the third time as the manner is of all Acts and then it is carried vp to the higher house and there it is commonly of course also read three times and so allowed and there it doth remaine vntill the last day of the Session of Parlement and then the Kings Royall Assent is had therevnto and there is written on the backside or within these wordes Le Roy le Veult And if it be anâ— Act which the King will not passe the Clerke of the Parlement writeth Le Roy S'aduiser'a which is a cleane and absolute refusall and all which was done is void and cannot bee reuiued in another Parlement without to begin all from the beginning againe So much for England In France all strangers that are not borne within the Kingdome and reside or dwell in the same Aubeine in France are subiect to the right of Aubeine so called Tanquam Alibi nati for after their death if they be not naturalized the King doth seise vpon all their goods they haue in France and appropriateth the same to his Exchequer or Finances without that the said strangers can dispose thereof by Testament or Will or that their lawfull heires can claime the same howbeit they may giue them and dispose thereof whiles they liue by contracts made betweene them A stranger also not dwelling within the Realme yet hauing gotten wealth or meanes within the same may dispose of it vnto his heyres and others although they were strangers Also if a stranger trauelling through the Kingdome of France should chance to die his heires shall enioy his goods which hee hath left at the time of his decease in France But when a stranger taketh letters of naturalization then may hee get wealth and possessions within the Realme lawfully and freely which letters of naturalization must be recorded in the Chamber of Accounts vpon paine of a penaltie payed to the King and his lawfull heires shall enioy the said possessions and goods so as hee be nature of the Realme or any other to whom the same be giuen by Will or Testament so as he also be naturalized as aforesaid But Monsieur Papon the Ciuilian saith That it is not sufficient for one to enioy the same to bee borne within the Realme but it must be also of a woman taken in marriage within the Realme and heerevpon alleageth an arrest or sentence of the Parlement of Paris whereby a cosin of a stranger deceased was preferred before the sister because the cosin was born within the realme and dwelling in the same and the sister did not dwell within the Realme and was borne in another countrey albeit she caused her selfe to be Naturalized after the decease of her brother whereof the Court had no regard because the goods by succession were gotten before which could not be made void by the Kings Letters Pattents Monsieur Banquet is of opinion That a Frenchman being departed the Kingdome for to dwell in another countrey that his goods present and to come doe appertaine vnto the King and cannot dispose thereof by Will or Testament as it hath beene proued by diuers Decrees of Parlement The King is Lord of all vacant goods and therefore wiues and children are to take Letters of Naturalization to purchase their quietnesse And if any stranger borne and naturalized should bee out of the Kingdome some eight or ten yeares vpon especiall occasion or otherwise hee is at his returne to take new Letters of Naturalization or a confirmation of the former by some approbation An obseruable consideration And herein is a speciall point to bee noted as a matter of record that those of Flanders Millaine and the French Countie of Sauoy are not bound to take Letters of Naturalization to dwell in this Kingdome because the French Kings pretend that the said countreys are theirs and were neuer alienated by any conseâ—t of theirs but are countries which at all times haue belongeth to the Crowne of France who doth acknowledge the subiects to bee true and loyall Frenchmen But it is requisite if they come to dwell and inhabite within the Realme that they take Letters of Naturalization to the end the Officers do not molest or trouble them By the premisses wee see that the Naturalizing in France is farre more compulsorie for Merchants than in England howbeit that in both Kingdomes if a stranger Naturalized after many yeares that hee hath inhabited the same bee desirous to returne to his father-land or natiue countrey he may surrender his Letters Pattents and bee discharged of his oath * ⎠* CHAP. XIIII Of the determination of Sea-faring causes HAuing now hitherto intreated of the Customes of Merchants with their Adiuncts and Accidents and therein obserued Time Number Weight and Measure as also the three Simples and Essentiall parts of Trafficke with their Effects and Properties let vs now consider of the Manner and Methode of the proceedings therein to see by what meanes they are determined and executed
haue hereunto caused Our seale to be put Giuen at Paris in the moneth of March and in the yeare of Our Lord 1556 and the tenth yeare of Our raigne signed by the King then in Councell and sealed with greene waxe with red and greene silke lace CHAP. XVII Of the Lawes of seuerall Countries whereby the Differences and Controuersies of Merchants are determined THe fourth and last meane to end the Differences and Controuersies happening betweene Merchants and others in the course of trafficke are the imperiall Lawes or the fundamentall Lawes of kingdomes and common-weales where the Merchants court of Prior and Consulls is not established whereof the Merchants ought not to beignorant so that in the description of them it is conuenient to make some declaration for the Merchants satisfaction appertaining to their busines and negotation All lawes are tending in substance to the vpholding of trueth maintaining of justice to defend the feeble from the mightie Finall end of the lawes for the suppressing of iniuries and to roote out the wicked from amongst the good prescribing how to liue honestly to hurt no man wilfully and to render euerie man his due carefully furthering what is right and prohibiting what is wrong summarily to be vnderstood according to the saying of our sauiour Christ. What you will haue men to do vnto you do the same vnto them Mat. 7.21 Luke 6.31 Which Alexander Seuerus the Emperor did expresse thus That which you will not haue done vnto thee do not vnto others And to this purpose let vs note three sorts of lawes namely The law of Nature whose vertue is alone Law of Nature and the same euery way in all or rather a verie notice of Gods law ingraffed in the mind of man The law of Nations which consisteth of customes manners Law of Nations and prescriptions being of like condition to all people as we haue before declared The Ciuile law which is an abridgement Ciuile Law derogating many illicentious customes which grew by peruersnesse and corruptnesse of nature and is termed Peculiar vsed by one kind of people called the the Imperiall Law Out of these was the common-law of England made whereof we are now first to intreate and therein to be somewhat prolixe for the better vnderstanding of Merchants the rather because the lawes do binde all men to Knowledge Obedience The law bindeth all men to knowledge and obedience and Punishment for indeed no man may breake them no man may be ignorant of them and lastly no man may iudge of them but according to them and therefore it is said that Iudex is taken à iudicio non iudicium à Iudice and more especially because this booke as you may find is more exactly calculated as the Prognosticators say for the Meridian of England howbeit it may serue for all other countries and places of trafficke and trade Of the Common-Lawes of the realme of England THe Common-Law of England is taken three manner of waies viz. 1 As the Lawes of the realme disseuered from all other Lawes The treatise of Doctor and Student which is the cause of the often arguing in the Lawes what matters ought of right to be determined by the Common-law or what by the Admiraltie court or by the Spirituall court 2 The Common-law is taken as the Kings court of Kings Bench or Common pleas 3 By the common-law is vnderstood such things as were law before any statute made in that point that is in question whereby that point was holden for law by the generall and particular customes and maximes of the realme or by the law of God and the law of reason whereunto the kings of England at their coronation do take a solemne oath to obserue the same and all which the inhabitants of England successiuely euer obserued Fiue nations in England namely Brittaines Romans and then Brittaines againe and then Saxons Danes and Normans Commendation of the common law Now whereas the Law-Merchant requireth breuitie and expedition all men of iudgement will confesse that hauing seene many deuises edicts and ordinances how to abridge processe and to find how long suits in law might be made shorter they neuer perceiued found nor read as yet so iust and so well deuised a meane found out as this by any man in Europe albeit that the shortnesse thereof is such that if a man haue many peremptorie exceptions Peremptorinesse of the common-law which can make the state or issue of his cause he shall be compelled to chose one exception whereupon to found his issue which chosen if he faile by the verdict of twelue men he loseth his action and cause and the rest can serue him for nothing Antiquitie of the common-law Great is the antiquitie of the common-law of England and the triall of Iuries by twelue men for we find the same to be from the time that the West Saxons had the rule and domination ouer the countries of Hamshire Wilreshire Dorsetshire Somersetshire and part of Glocestershire and also the same law was vsed amongst the Saxons which ruled Marshland and Medland that is to say the countries of Lincolne Northhampton Rutland Huntington Bedford Oxford Buckingham Cheshire Darbie Notingham and part of the shires of Glocester Warwicke Hereford and Shropshire at such time when the land was diuided into seuen kingdomes all of them being at that time inhabited with diuers nations namely Picts Scots Danes Normans Vandals and Germanes all which haue continued the proceedings of the law vntill the time of William duke of Normandie who conquered the same This William the Conqueror had the quiet possession of this land and caused amongst other lawes the Dane lawes to be collected which ruled in Deuonshire and Cornewall and a discreet view to be taken of sundrie lawes whereunto he did adde some of his Norman lawes to gouerne the people of the land now called England in so much that concerning the antiquitie of the laws and customes aforesaid they were long before vsed by the Saxons first gouernment Ann◠1198 ante Christum nay by the Brittaines themselues which was one thousand one hundred ninetie and eight yeares before the birth of our sauiour Christ being now in continuance aboue two thousand and eight hundred yeares for king Alfred caused the lawes of Marcia to be translated out of the Brittaine into the Saxon tongue and after that we find that king Lucius and king Alfred caused the continuance thereof The said Common Lawes are properly to bee taken to consist of the ancient Maximes of the said Lawes of the statute Lawes Booke Cases which are yearely obseruations vpon manners and may be called Responsa Prudentum comprehending therin the Municipall Lawes Municipall Law as gauelkind c. which is proper to all Kingdomes and Gouernments as an exception to the fundamentall Lawes thereof wherein many singular arguments drawne from Diuinitie and Humanitie are effectuall though there be no bookes for it For the
Coelo the rather for that so many good Acts of Parlement haue beene made long since concerning the same when the Staple of our commodities did flourish both here and beyond the Seas in the time of King Edward the third The maintenance of â—ree Trade Anno 1622. And hauing of late published tenne causes of the decay of Trade it may be thought conuenient to examine the same vpon the said points 1 The vnderualuation of our moneys by Bills of Exchanges and the ouerualuation consequently of forraine coyne vnto vs which is the Efficient Cause of the want of money in England 2 Vsurie Politike practised by many and abandoning Trade 3 The litigious suits in Law to the hindrance of Trade 4 The neglect of the fishing Trade preoccupied by other Nations 5 The endraping of Wooll in other countreys of late much increased 6 The policies of Merchants of seuerall Societies 7 The false making of Cloth and other manufactures 8 The exportation of the materialls of Woolls Woolfels c. 9 The warres of Christendome Pirats and Bankerupts 10 The immoderate vse of forraine commodities within the Realme But before we come to this examination The beginning of the Staple let vs obserue the beginning of the Staple and their priuiledges in the gouernement thereof The most ancient foundation of Merchants and merchandising in this Kingdome both for Trade and Gouernement had by continuance of time before King Henrie the third did obtaine the name of Staple the commodities of the Realme as Woolls Leather Woolfells fells Lead Tinne Butter Cheese Clothes and other commodities were called Staple Merchandise The Ports from whence the said commodities were to bee transported were called Staple Ports as London Westminster Hull Boyston Bristoll Southampton New Castle and other places The places of residence of these Merchants both within this land and beyond the seas were called the Staples the Lawes and Ordinances made by the said Merchants were called Staple Lawes vnder their gouernement consisting of a Maior two Constables and other Officers hath the trade of this Kingdome time out of mind flourished to the great inriching of the Kings and Kingdomes and it hath beene supported and assisted by the wisedome of the State in all ages as may appeare by the seuerall Acts of Parlement made for that purpose in the times of Henrie the third Edward the third Richard the second Henrie the fourth Henrie the fifth Henrie the sixth and King Henrie the seuenth So that comprehending the Merchants aduenturers Societie with them which began in the said time of King Henrie the seuenth it is aboue foure hundreth yeares standing that the said Societie hath beene as we haue noted For by the prouidence of all those Princes the Staple Trade was from time to time established and especially by King Edward the third in whose raigne a great number of memorable Lawes were made for the purpose appointing the said officers and their fees to preuent extortion and all the Kings subiects that would bring their goods to the Staple and trade The ancient free Trade according to the Lawes and Ordinances thereof were admitted to be Merchants such was the free trade of this kingdome in those daies wherein the subiects of all sorts vpon all occasions might freely participate vnder gouernment At these Staples were the Kings Customes duely collected and by the officers of the Staple at two seuerall times paied into the Kings Exchequer and by their gouernment were many inconueniencies preuented whereby the former causes of the decay of trade were either moderated or reformed namely 1 The moneys of the Realme were required to bee answered in true exchange according to their intrinsike value and their Doller or other forraine coyne was by the Maior and Constables valued accordingly for there was no merchandising exchange vsed neither were Bankers knowne and when there wanted money in the kingdome or was like to want order was taken by them to import Bullion either the 1 â— or 1 â— part of the value of commodities exported The debts betweene Merchants were transferred or set ouer by bills to bee registred before the Maior or Constable which was currant without the strict proceedings of our Common Law And the like may be done now by a Register authorised by his Maiesties letters Parents 2 In those dayes vsurie was accounted to bee an abominable thing for it was not vsed by any course politike but seeing it is now so generall in all countreys the best remedie to abate the same in price is to procure plentie of money within the Realme by the meanes before mentioned which will bee more effectuall of course than any law that will be deuised for the moderation thereof 3 To auoide the litigious suits in law the said Maior and Constables of the Staple had authoritie to determine them with all expedition and if it were vpon a difference betweene a Stapler and a Merchant stranger there were two Merchants strangers admitted and ioyned with the Maior or Constables to determine the same and that with a present execution without delay especially vpon a Statute Staple acknowledged before the Maior or Constable as aforesaid 4 The fishing Trade was not preoccupied by forrain nations as it hath beene within these hundreth yeares as hath beene noted albeit such Ships as were permitted to fish in the Kings Seas and dominions payed six pence for euerie tunne burthen which is now eighteen pence and this trade might be established with vs notwithstanding that the seuerall Societies of the Merchants Aduenturers Russia and Eastland Merchants are of opinion that England cannot maintaine the same and the cloth Trade together as they haue certified 5 The indraping of wooll or making of cloth being of late much increased beyond the Seas and lesse cloth made with vs may giue the better meanes to establish the fishing Trade as aforesaid 6 The pollicies of Merchants of seuerall countries is to bee met withall as the Staplers did in times past looking to the sales both of woolls and all other Staple commodities and the prices of forraine commodities to preuent the ouerballancing in price of the said forraine wares with our natiue commodities 7 To preuent the false making of cloth let vs obserue that at these Staples Merchants goods were alwaies diligently and carefully viewed and subscribed by the Correctors and other Officers of the Staple to the end that all goods exported might bee answerable in goodnesse to their expectation vpon the view required whereby this Staple Trade continued without any interruption for they were the sole Merchants of the Realme without competitors vntill the time of King Henrie the fourth at which time certaine Mariners and Mercers of London vsing to barter English clothes in Holland Zealand Brabant and other places had by the said King Henry the fourth a gouernour set ouer them onely to bee a iudge to heare and decide their controuersies and to punish their misdemeanors with license that they might congregate themselues for that