doth concurre and agree with the Lawes of Oleron whereof we shall intreat more hereafter Fredericke the second King of Denmarke at a Parliament holden at Coppenhauen in the yeare 1561 hath abridged as also set downe certaine Acts or Statutes for the ruling of Sea matters but for the most para agreeing also with the said Lawes of Oleron which you shall find in this Treatise set downe vpon euery occasion offered vnto me to make application of them in the Chapters following CHAP. XVIII Of the manner of Proceedings in Sea-faring Causes ALl controuersies and differences of Sea-faring Actions or Maritime Causes ought to be decided according to the Sea Lawes which tooke their beginning from Customes and obseruations and from them is the interpretation of the said Law to be taken and if any Case shall fall out that was not knowne before neither written downe and authorised as a Law then the same is to bee determined by the Iudge with the opinion of men of experience and knowledge in the said Sea-faring causes And herein is all conuenient expedition required that the matter may be summarily and briefly determined especially in case of shipwracke wherein delayes or protractions in Law is a crueltie to vex such afflicted persons Therefore to preuent appellations present execution and restitution of goods is vsed in causes of spoyle vpon caution first found by the spoyled to satisfie the condemnation to the Iudge if there bee iust cause found of appellation Witnesses in causes Maritime and to this end also it is permitted that witnesses of the same Ship may be examined although the aduerse partie bee not called thereunto Merchants and Marriners sayling together in one Ship may beare witnesse each to other and Marriners against the Master when they are free and out of his command The plaintife is to find suerties to pay costs and damages if he doe faile in his proofe and the defendant is to be put in caution to satisfie the sentence Iudicio cisti iudicatum solui If the defendant doe stand out or commit a comtempt by not appearing for to defend himselfe or his Ship or things challenged the Iudge of the Admiraltie may after foure defaults entred deliuer the possession of the said Ship or any other thing or part thereof to the plaintife putting in sureties for one yeare and a day and if the partie appeare not within that time then the propertie is finally adiudged to the plaintife And if he doe appeare within the time offering to pay the expences and putting in caution to obey and performe the definitiue sentence he shall be admitted But this caution or suerties are lyable absolutely for all from the beginning and cannot be discharged as a Baile may be at the common Law Difference betweene caution in the Admiraltie and baile at the Common Law of England bringing in the partie at conuenient time Summons and Citations are not needfull where the ship or goods in question are forthcomming but may be done in the same place where it lyeth or the goods are found If any man be arrested or troubled for the like matters he is presently to be discharged vpon suerties and especially Marriners because they shall not be hindered of their voyage which he may doe with so much goods or the value thereof as he hath within shipboord at the Iudges discretion for it is intended that otherwise trafficke and commerce is interrupted CAHP. XIX Of Buying and Selling of Commodities by Contracts THE buying and selling of commodities by contracts may bee distinguished three manner of wayes namely Regall Notariall and Verball The Regall contracts are made betweene Kings and Princes and Merchants which caused the Kings of Portugall to be called Royall Merchants For whereas the Venetians had the trade for Spices and other commodities of the East Indies Regall contracts called by the Ciuilians Solemne the Portugalls vpon the discouerie of those parts by Nauigation did bereaue the Venetians of that trade as by the reuolutions of time other Nations haue almost compassed that trade of Spices and taken the same from the Portugalls The Kings of Portugall had alwayes the one moitie of the Pepper by way of contract and for that they would contract againe with the Germaines or other principall Merchants of other Nations and of their owne to deliuer the same vpon a price agreed vpon the arriuall of the Carrackes at Lixborne according vnto which it was sold againe with reputation to other Merchants and dispersed into diuers countries and so was it also done for Cloues and Mace and sometimes for Indico and the payments were made by assignation in the Bankes of Madrill Lyons and Bizanson and sometimes at Florence and other places hereupon was the Contraction-house at Lixborne erected and named accordingly where the said Spices and commodities are brought and sold againe Such are the contracts which the King of Spaine doth make with Merchants for the prouision of Corne for his townes in Africa vpon the coasts of Barbarie as Ceuta Mosegam Tangere and other places the paiment whereof hath beene made againe by Pepper vpon some especiall contract and the Merchants haue thereupon also made other contracts with Merchants of the Low-countries to deliuer them that Pepper at Amsterdam and to take Corne in paiment But the case is since altered by the incorporating of the East-India trade Such were the contracts made by the French king Henrie the third with the great Merchants of Italie called Le graund partie for Salt which they by authoritie did ingrosse for the king and brought also from other countries by sole permission causing euerie household in all France to take a proportion yearely or to pay for it whether they had occasion to vse it or not which was an Italian inuention and for this they paied by contract vnto the king six hundred thousand pounds sterling being two millions of French Crownes yearely Such were the contracts which Queene Elizabeth of blessed memorie made with Merchants of London for the prouision of victuals and apparrell for the souldiours in Ireland during the late warres with the Earle Tirone which did amount to verie great summes of money insomuch that the seuerall contracts for apparrell came to ninetie sixe thousand suits of apparrell as I haue seene by the Records and Accounts extant in his maiesties Court of Exchequer All these and such like contracts are made by commissions granted for that purpose to some great officers of the kingdome who haue thereby authoritie to contract for the same with Merchants or others Notariall contracts haue partly dependance vpon the same Notariall contracts called Publicke for when those Merchants which haue contracted with Kings or Princes are to prouide sodenly those things which they haue contracted for or to dispose of the commodities which they haue bought or ingrossed into their hands Then they deale with other Merchants either to prouide them of the said commodities or to sell them such as they haue bought
within the citie of London being the kings Chamber After this follow the particular Letters for the deliuerie of seuerall countries and townes as Caours Carsin Monstreull Calice Rochell Turaine Poitiers Poitou Xantes Xantogne Dagonois Perigot and diuers others besides many Letters concerning the French Kings libertie and his Hostages and of the homage to be made by the Earles and Barons to the King of England who remaineth with the title of Soueraignetie and Domayne besides many other memorable things so that all matters concerning the seas and land were established for those seas and King Eâ—ward tooke sixe pence a tunne for fishing ships King Henrie the fifth who did conquere all France and had the possession of Mare Britanicum lost nothing of his right no more did Henrie the sixth and King Henrie the seuenth as may appeare by their Proclamations Treaties Chro Hollâ—ngshed and Contracts not onely with the French but with the Archdukes of Burgondie as by Guicchardins Chronicle Chr. Froiszart Guiccâ—arâ—in and the said Treatise or Historicall description of the Low-countries appeareth And as Docter d ee in his booke of Nauigation affirmeth King Henrie the seuenth in consideration of the fishing trade properly belonging vnto England in his seas and dominions had resolued to settle a trade thereupon which he preferred aboue all voyages for in those daies there was no fishing trade established in the Low-countries By original antiquitie And it is not yet one hundreth yeares compleate that one Violet Stephens and other discontented Fishmongers departed the realme of England and went into Holland to the towne of Enckhusen where they procured the inhabitants to fish for them in his Maiesties of great Brittaine seas streames and dominions which inhabitants vpon the decease of the said Englishmen Fishmongers tooke the whole trade to themselues dispersing the same into many other townes whereby the same is admirably increased Queene Marie being maried with King Philip the second of Spaine vnder whom all the seuenteene Low Prouinces were vnited granted a lease vnto the said King for the fishing of his subiects in the North parts of Ireland for one and twentie yeares for a certaine fine and paying one thousand pound yearely into the Treasurie of Ireland and Edward Fitton knight then Treasurer And the Companie of the old Haunce in primo of the said Queene Marie had also libertie to sish within the said seas vpon certaine conditions as appeareth in the Chappell of the Rolls of the Chancerie And for England Northwards licences were giuen at Scarborough Castle To this distinction of dominion of the Seas Inuention of the Porteullis I call to memorie the proceedings of that victorious King Henry the eight who during the time that Calice was vnder the Crowne of England as it hath beene full 211 yeares vsed the inuention of the signe of the Portcullis signifying the power of locking vp of the narrow Seas betweene Douer and Calice which was thought conuenient to bee vsed vpon the coyne made for the East-Indies at the beginning of that trade being peeces of the value of eight Royalls of Spaine whereof there was coyned in the Tower of London for a triall in Ianuarie 1600 some six thousand pounds which could not be made currant there because the Spanish peeces of eight Royalls had beene before that time counterfeited by other nations which made the East-Indians to doubt of our coyne although without cause This noble King Henrie hauing procured the Emperor Charles the fifth to meet with the French King went ouer in person with a great power to besiege the towne of Bulloigne in France and when he saw that the Emperors Tent or Pauillion was made with the two pillars of Hercules and the inscription Plus vltra and likewise the French Kings Tent with the three Flower deluces and the title of Primus Christianorum Rex He caused an Archer to be made vpon his Pauillion with Bow and Arrowes and his inscription was Cui adherio praeest declaring thereby his present strength whereby hee did qualifie those warres and peace was made between the Emperor and the said French King it being true that the state of a Prince doth as much consist by reputation as by strength Our Soueraigne Lord King Iames hath also beene mindfull of his right of distinct dominion for the great blessings which almightie God hath allotted to the Kingdomes of Great Brittaine Ireland and the Isles adiacent vnder his Maiesties Dominions is so visible to all the world as that thereby they are rauished with admiration For albeit that the earthly blessings are produced in seasonable times yet the blessings of the Seas are directed and pointed at by the finger of God at infallible seasons causing those watrie creatures to offer themselues for our sustenance and for the generall good of all creatures in places certaine within his Maiesties Seas Streames and Dominions and not into the maine where fishing cannot bee effected Whereupon his Maiestie before his comming into England did let the fishing of Scotland to the Hollanders for fifteene yeares it being agreed by more ancient Treaties betweene them that the fishing then agreed vpon should be eightie miles from the Coast to the end the Scoles of Herrings should not bee interrupted His Maiestie in the fourth yeare of his Raigne of Great Brittaine made a Graunt to one Collyns of Couentrie for twentie one yeres for the fishing in some parts of Ireland Graunts made for fishing and the like Graunts haue beene made for the Isles of Garnesey and Iarnesey according to the Common Law of England By the Common Law which in this point concerning his Maiesties right of dominion is very copious the handling whereof I leaue to the learned and judicious of the said Law In the seuenth yeare of his Maiesties said raigne his Highnesse caused a Proclamation to be made concerning his Dominion of fishing which being compendious and substantiall I thought conuenient here to be inserted Verbatim IAMES By the Grace of God King of Great Brittaine France and Ireland Defendor of the Faith c. To all and singular persons to whom it may appertâ—ine greeting Although We doe sufficiently know by Our experience in the Office of Regall dignitie in which by the fauour of Almightie God Wee haue beene placed and exercised these many yeares as also by obseruation which Wee haue made of other Christian Princes exemplarie actions how far the absolutenesse of Our Soueraigne Power extendeth it selfe And that in regard thereof Wee need not to yeeld account to any person vnder God for any action of Ours which is lawfully grounded vpon that iust Prerogatiue Yet such hath euer beene and shall be Our care and desire to giue satisfaction to Our neighbour Princes and friends in any action which may haue the least relation to their Subiects and Estates as We haue thought good by way of friendly Praemonition to declare vnto them all and to whomsoeuer it may appertaine as followeth Whereas Wee
all remedie against his estate for euer The consideration hereof maketh the debtor to retaine in his hands what they can to maintaine themselues their wiues and children and to keepe them from perishing which maketh also against the crditors profit The bodie of euerie subiect belongeth to the king To the preiudice of the king and common-wealth and euerie subiect is a member or single part of the bodie of the common-wealth so that to take this bodie and to cast the same into prison for debt where he must lie rotting idlely and vnprofitably all the daies of his life and die miserably is no other than to strip and rob the king and common-wealth of their limbes and members and consequently of the seruices and endeauours of a great number of subiects yearely of all degrees and professions to do seruice to the king and common-wealth which number of prisoners exceedeth all the prisoners in all other countries It is therefore in christian Charity wished and in all Godly Policie desired That the bodies and endeauours of all debtors may be free from imprisonment and the creditors recouerie be made against the debtors lands and goods according to the ancient fundamentall Laws of this Kingdome being most consonant to the Law of God to christian Charitie to the rule of Iustice and to godly Policie as aforesaid And that Interim the releife of prisoners may be permitted which the late Queene Elizabeth granted for her and her Successors in the 28. yeare of her Raigne by a large Commission recorded in the high court of Chancerie the exemplification whereof was by all prisoners for debt humbly desired Many other reasons are alledged in the said remonstrance inuectiue against vsurie and vsurors which I haue omitted and hereunto let vs adde certaine obseruations in generall concerning executions The Law is said to be a mute Magistrate but the Magistrates are a liuing Law THe strength of the Law is in commanding and the strength of commanding is in the constraining or executing of the Law which belongeth vnto Iudges and Magistrates The consideration hereof did produce a diuersitie of opinions whether Iudges or Magistrates ought to be for a time or terme of life the often changing of them being according to the custome of the Romans who did instigate men to accuse those that had not discharged the place of their office duely Customs of the Romans about execuâ—ion of lawes whereby wickednesse was not onely punished but also euerie man through emulation did endeauor himselfe to follow vertue and to discharge the place of his calling Besides whereas vertue in all common-weales is the principall point whereat men aime and whereunto the Law doth bind them So the distribution of offices is a reward of vertue which cannot be done to many when they are giuen in perpetuity to some few which many times hath beene the cause of sedition by the inequall distributions of rewards and punishments in some Common-weales Inconueniences of yearely officers True it is that there are many inconueniences if the officers be but for one yeare or a short time to the hinderance of the publike good for they must leaue their place before they know the duty of it and commonly vnto one that is but a nouice in the place whereby the affaires of the Common-wealth fall into the Gouernement of such as are incapable thereof and without experience And if they be fit for the place their time is short that it doth vanish away in feasts and pleasures and matters either publike or priuate doe remaine vndecided and euerie thing protracted without due administration of justice besides how is it in common sence and reason possible that he should command with the effectuall power of a Magistrate that within a little while is as it were a cipher without power or authoritie what subiect will yeeld him due respect and reuerence whereas on the contrarie it his office be perpetuall and his estate assured he is resolued boldly to resist the wicked to defend the good Commodities had by Iudges permanent to reuenge the iniuries of the oppressed and euen to withstand tyrants who manie times haue beene astonished to see the constancie of the Iudges and Magistrates in the execution of justice according to the law and herein is the common law excellent because the Iudges and Magistrates are authorised accordingly for terme of life as the dignitie of the place requireth and are also chosen with great solemnitie in regard of their integritie knowledge and experience in the lawes whereof they are the ornaments whereas to call the yearely Iudges in question after their time expired is a derogation and dishonour to the lawes in other countries The Sherifes and many other Officers which put in euery countie the writs commandments Subalâ—erne Officers annuall and iudgements of the courts in execution are remoued euerie yeare and the same being expired they may be called to account to answere for any misdemeanors committed by them during their office by the ordinarie course of the law which maketh them vigilant and circumspect in the execution of their places which they supplie either personally or by deputies for whose offence they must answere This authoritie and seueritie of the Iudges therefore doth preuent manie mischiefes putting a feare in the hearts of the offendors of the law by the rigour thereof which in criminall cases is called by some crueltie But the mercifull Iudge is more to be blamed in these cases than the seuere because seueritie maketh men to be obedient vnto the lawes whereas too much lenitie causeth contempt both of Lawes and Magistrates Neuerthelesse as there is in all common-weales two principall points which the Magistrates are to consider namely Law and Equitie so the execution of law is to be considered by the Magistrate who sometimes being too seuere may do more hurt to the common-wealth than good seing the intention of those that made the law Lawes intention is the common good was to prouide for the good of the common-wealth Salus populi suprema lex esto This may be said especially in regard of the statute Lawes whereof we haue the example of Empson and Dudley fresh in memorie who being priuie Councellors to king Henrie 7 caused the penall lawes to be strictly executed against his subiects whereby the king gathered much treasure with the losse of the loue of his subiects which was much displeasing vnto him as the Chronicles of this realme haue recorded Because there is nothing so effectuall to cause the prince to be called a tyrant than this course of strict execution of lawes which hath an affinitie with the saying of Nicholas Machiauell sometimes Secretarie to the great Duke of Tuscanie touching the condition of men in generall It is miserable that we cannot do all things The saying of Machiauell More miserable to do that which we would do and most miserable to do that which we can do Informers neuerthelesse are necessarie members in
Alteration of ten dayes made by Pope Gregorie the 13. IVlius Caesar the first Emperor of Rome a man learned and of great magnanimitie considering that the Romane yeares were reckoned confusedly according to the course of the Moone by the Hebrews with their intercalar moneth to make the same agree with the Sun By the counsell and instigation of Sosigenes an expert Mathematician about 44 yeares before the Birth of Christ deuised a new foâ—me of Kalendar first framed after the course of the Sunne diuiding the whole yeare into three hundred sixtie fiue dayes and sixe houres making it to containe twelue moneths whereof the names are yet in vse beginning from March for the first moneth which caused September October Nouember and December to beare their names the seuenth eightth ninth and tenth moneth yet all yeares by the Almanackes putttng Ianuarie for the first moneth beareth the name accordingly from the Heathen god Ianus painted with two faces as it were beholding the yeare past and the yeare to come Februarie was so called of certaine sacrifices then offered called Februa March of Mars an Heathen god April the denomination of the moneths of the Spring Time and the word Aperio opening all vegetibles and other things May of Maya the mother of Mercury Iune a Iuniore for that all the yong people had a meeting in that moneth for recreation Iuly of his owne name Iulius and Augustus for the inlarging of the Empire Now forasmuch as the odd six houres could not conueniently bee brought to account euerie yeare hee ordained that euerie fourth yeare one day should bee added to February because foure times six houres maketh vp a whole day of foure and twentie houres and the yeare wherein this odde day falleth The Leape yeare wee call commonly Leape yeare hauing three hundred sixtie six dayes And because it was added at the six Calends of March it is named in Latine Bissixtus or Bissextilis Annus Neuerthelesse Iulius Caesar did begin his Kalender in Ianuarie when the Sunne entreth the eighth degree of Capricorne eight dayes after the winter Solstitium Solstitium which then being the shortest day of the yeare fell vpon the twentie fiue of December And the Spring Time Equinoctium about the twentie fiue of March Equinoctium The which places of the Sunne are now changed and sliden backe in the Iulian Kalender from the said obseruation of the Spring Equinoctium as also from the Haruest Equinoctium being about the twentie six of September the longest day then falling out the twentie fiue of Iune grounded vpon this reason of preuention of the Equinoctiall to the twelfth eleuenth and tenth dayes of the said moneths and the thirteenth and fourteenth of September But the chiefe cause proceedeth by reason that Iulius Caesar did reckon the yeare to continue three hundred sixtie fiue dayes and six houres which is more than the iust Astronomers calculation by tenne minutes of an houre and fortie foure seconds accounting sixty minutes to an houre and sixtie seconds to a minute so that the yeare truely containeth three hundred sixtie fiue dayes fiue houres fortie nine minutes The difference as the account of yeares for the errour and sixteene seconds as is before declared which difference in the space of one hundred thirtie foure years or thereabouts maketh one whole day and in the space of one thousand six hundred sixtie foure yeares being the time that the Iulian Kalender was set forth vntill the last yeare it commeth to twelue dayes twentie two houres fortie minutes and twentie fiue seconds For this cause sundry learned men haue heretofore desired that the same may bee reformed to auoid inconueniences and to haue a true account of yeares and dayes And the matter was propounded to diuers generall Councells but tooke no effect till now of late yeares by meanes of Pope Gregory the thirteenth in the yeare 1582 and then it was permitted to one Aloysius Lilius professor in Mathematicke Astrologie to set downe this long desired Reformation who being resolued to doe the same exactly by true account was hindered by the Clergie for they would not agree that the same should be drawne backe any further than to the time of the Nicene Councell which was in the yeare 328 and hereupon hee brought the reckoning backe only ten daies caused the fifteenth day of December to bee called the twentie fiue day Alteration of tenne dayes and the inconueniences which is but obserued in some places and brought great controuersie in diuers countries seeing the day of the Natiuitie of Christ and other Festiuall dayes and also dayes of keeping of Faires and Markets are changed and holden tenne dayes before the accustomed time And Merchants and others in making their Contracts and Obligations are often disappointed of their dayes of payment with diuers other inconueniences Whereas men of true iudgement might haue made this argument Is it by the addition of Time growing by certaine minutes and seconds euery yeare arising to one whole day euery fourth yeare in the moneth of February Then as it is increased thereby thirteene dayes in one thousand six hundred sixty foure yeares it may by the same Rule decrease so much in few yeares A true and good reformation of the Iulian Kalender by leauing out and suspending that one day which is so added vntil it come to his first institution and calculation of the Iulian Kalender which may bee reformed in fiftie two yeares beginning from the yeare 1620 being Leape yeare and leauing out thirteene dayes which is little more than one houre in the said and is no perceptable difference and after the said fiftie two yeares expired to adde the said day againe and there will not increase any one day more but in one hundred thirtie foure yeares And all the yearely obseruations may be accommodated accordingly I made an exact Table heereof in the yeare 1604 whereby the day of the Natiuitie of our Sauiour fell out againe to bee the shortest day of the yeare This Table was shewed vnto the Kings Maiestie of Great Brittaine as I was informed and howsoeuer pleasing yet for some causes to mee vnknowne not held fit to bee established CHAP. III. Of NVMBER and the Mysteries thereof VNitie is the Spring and Fountaine of Numbers which hath a reference vnto God the only fountaine of Goodnesse the onely Father Creator and preseruer of vs all Heere let vs note that the Philosophers haue not onely with one consent affirmed That great mysteries and vertues are contained in numbers But the ancient Fathers haue also obserued the same in the holy Scripture as Ierome Augustine Origen Ambrose Basil Athanasius Hilarius Rabanus Beda and others amongst whom Doctor Rabanus hath made a booke of the vertues which are hidden vnder Number And if there were no mysterie comprehended vnder Number Saint Iohn in the Reuelation would not haue said He that hath vnderstanding let him reckon the Number of the name of the Beast
Kintalls Centeners Talents Thousands Waighs Skipponds Charges Lispounds Rooues Stones and such like The second fort of Weights is by Pounds Mina Manes Rotulus c. The third diuision of Weights doth consist in the smaller diuisions of 12 14 16 18 20 and 30 ounces to a pound and the subdiuisions thereof The Talent of the Grecians 60 Minas Talentum euerie Mana 100 Dragmes so a Talent is six thousand Dragmes 8 of them to one ounce is 750 ounces Another Talent of Greece is 16 Sestertios being 40 Minas or Pounds of 18 ounces as also of 20 ounces In Aegypt it was 32 Sestertios or 80 Pound The 50 Sestertios of Cleopatra are 125 ll In Thratia 48 Sestertios being 120 Pounds In Africa 24 Sestertios are 60 ll differing also in the pound weight Cantar or Kyntall Cantar or Kyntall or Centener called hundreths of 100 112 120 125 128 and 132 pounds The Hebrews did call Cicar to bee 50 Minas or Maneg Weighs Weighs are commonly 165 ll or 180 ll or 200 1 â— for acharge Skippound Skippounds of 300 320 340 and 400 pounds the Skippound Lyspound Lyspounds of 15 and 16 pounds to the Lyspound Rooues Rooues or Arrobas of 10 20 25 30 and 40 pound to the Rooue Stones Stones of 6 8 10 14 16 20 21 24 and 32 ll and also 40 ll as more particularly appeareth hereafter in their proper places Mixias Mixias are also vsed whereof we find mention made in some books is ten thousand and is commonly vnderstood for 10000 Dragmes of 8 to an ounce and 12 ounces to the pound Markes Besse The pound is also diuided by Markes of 8 ounces and Besse of 12 ounces euerie ounce was amongst the Hebrews 2 Sicles or Stater Sicles Stâ—ter Gerag Siclus is sometimes taken for an ounce also halfe an ounce and quarter of an ounce which is Gerag or Obolus Mina Ptolomaica is 1 ½ Rotulus which is diuided into small parts viz. 18 ounces of 12 to one Rotulus 144 Dragmes of 8 to one ounce 432 Scruples of 3 to a Dragme 846 Obulus 1296 Lupes 2592 Siliquas or Carrats Inna or Maaâ—g Mina of the Grecians otherwise called Inna or Maneg is a pound 12 ½ Ounces 25 Staters or Ciclos 100 Dragmes or Rosoli 300 Scruples 24 to an Ounce 600 Obolus 900 Lupines 1800 Siliquas 3600 Areola or Chalcos Rotulus in Arabia Siria Asia Minor Aegypt and Venice is 1 ll 12 Ounces or Sachosi 24 Septarios or Cicles 84 Deniers of 7 to an Ounce 96 Dragmes or Darchiny 288 Scruples or Grana 576 Obolus or Orlossat 864 Danig 1728 Carrats or Siliqua 6912 Kestuff The 7 Deniers make an Ounce and there were Dragmes also of 1 ½ Dragme and of 1 ½ Dragme and of one Dragme called Alby In the Low-countries the Pounds are diuided diuersly in 16 Ounces euerie Ounce in 8 Dragmes or fifths and 8 parts And in France they call them 8 Grosses the 128 make one pound In other places they diuide the pound in 12 14 and 15 Ounces Difference of Pound and Ounces whereof the Pounds and Ounces both do differ which is the cause that hereafter euerie countrie hath a declaration thereof At Bridges in Flaunders they vse Pounds of 14 Ounces The Pound weight of Bridges and of 16 Ounces whereof the 100 ll of 16 Ounces make 108 ll of 14 Ounces which Ounces of 14 to the Pound are heauier for 100 Ounces of these are 105 â…“ Ounces of the 16 to the Pound which Ounces are diuided in halfe Ounces or Loot and euerie Loot in 2 Sizayns and euerie Sizayne in 2 Dragmes or Quintes The smaller proportions and subdiuisions of other places are as followeth Italian Pounds for physicke vsed in other places also 12 Ounces 24 Loot 48 Sizaynes or Siliqua 96 Dragmes 288 Scruples 576 Obolus 1728 Siliqua 5760 Graines The said Weight of physicke is at Lyons in France as the Merchants ll 12 Ounces 96 Dragmes 288 Scruples 5760 Graines The Pound weight of Venice 12 Ounces 72 Sextulas 1728 Siliqua 6912 Graines The Pound at Paris in France 16 Ounces 128 Grosses 384 Scruples 9216 Graines In Italie the Pound is also diuided 12 Ounces 24 Staters 96 Dragmes Vienna in Austria the Pound iâ— 32 Loott 128 Quintes 512 Pennings 12800 Graines Forasmuch as it falleth out most commonly that vpon triall of an vnknowne Weight we doe beginne from the smallest Weight or Graine and so ascend to the other proportions and to the Pound by comparing the same to our Graines and diuisions of the Pound Differences of Graines which in matter of mint for gold and siluer is of great moment when the pennie weight is diuided into 24 Graines in England and in the Low-countries into 32 Grains Let vs note the great diuersitie abouesaid of 5760 Graines to 12800 vsed at Vienna and other places proportionably to their pound and consider how easily we may be ouertaken therein whereof a more ample declaration is in the mint affaires There is also a great obseruation to be had in the correspondencie of Weights of one countrie to the Weights of another countrie vpon the hundreth subtle that is to say 100 pounds euen Weight And because in England all wares of Volume or Bulck is sold some by the hundreth weight of 112 ll and some is sold by the pound as spices sugars and such like yet are weighed by the said weight of 112 ll and that moreouer there is an ouer-weight allowed called Trett which is 4 vpon the 112 ll and also 2 ll vpon euery skale of 3 hundreth weight called Cloff which is abated betweene the buyer and seller Trett and Cloffe and so there is a losse of weight by this Trett and Cloff and especially because the commodities imported are bought by the weight of forreine nations I haue thought conuenient to describe the said correspondence of Weight according to the 100 ll subtle of Antuerp being generally knowne in all places and for the Weight of London to make some obseruations particularly The correspondencie of Weight of most places of Trafficke Antuerp THe Custome of Antuerp is to weigh by the hundreth pounds euen weight called Subtle for the which commonly there is allowed at the weigh-house 101 ll A Stone weight is 8 ll the Skippound 300 ll the Weigh 165 ll the Carga or Charge 400 ll which are two Bales of 200 ll for an horse to carrie on either side and the Pound is diuided into 16 Ounces The said 100 ll weight of Antuerp weigheth in the places following London At London and all England 104 ll subtle weight and of the Kyntall weight of 112 ll it weigheth 91 ½ ll At Dublin and all Ireland also Dublin 104 ll and 91 ½ by the great hundreth At Edenburgh in Scotland 96 ll and all Scotland ouer Edenborough and 103 â…“ for 112 ll The said 100 ll make 189
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
matter little sensible Here may Microcosmos the little world Man behold how little the great world is which is made for him as a Tabernacle where hee hath no abiding place but trauelleth as a Pilgrime towards the Coelestiall habitation with a thankefull mind and remembrance of the mercie of God who hath beene mindfull of the Sonne of Man and made him lower than the Angels to crowne him with glory and worship Psal. 8. Thus much I thought to demonstrate vnto Christian Merchants touching the world before wee intreate of the commodities whereby trafficke and commerce is by them and other Nations maintained according to the ancient Verse Currit Mercator ad Indos as appeareth in the next Chapter CHAP. VII Of the Commodities of all Countries whereby commerce is mainetained Corporum tria sunt genera ALbeit that the aforesaid Doctors of the Ciuile Law haue declared that there be but three kind of bodies of things namely 1 Quod continetur vno spiritu vt homo lapis c. which is contained of one spirit as man and a stone or such like 2 Quod ex pluribus inter se coherentibus constat vt edificium nauis c. which consisteth of many things ioyned together as a building a ship c. 3 Quod ex distantibus constat vt corpora vno nomine subiecta veluti populus legio grex c. which cōsisteth of distant things as many bodies vnder one name a People a Legion a Flock and the like Yet this difinition is not compleat concerning the bodie of trafficke and commerce consisting of Bodie Soule and Spirit namely Commodities Mony and exchange of Mony by Bills of Exchanges as aforesaid which are to be described in order And because Commodities like vnto the Bodie vpheld the world at the first by way of commutation and bartering of them according to necessitie and vsefulnesse Therefore may it bee thought conuenient to set downe in this place the particular commodities of all Countries and of some of them their values and estimation by meanes whereof Trafficke and Trade is established and maintained that thereupon wee may proceed accordingly Verely in the estate of Innocency all things were common but alas this communitie of things indured but a while and now by reason of our naturall corruption and pronenesse to wrong one another there is an absolute necessitie of proprietie and seuerall possession which is consonant to the Law of God as well as founded vpon the Law of man and consent of Nations it being the voyce of secondarie Nature This is my house this is my towne and this is my seruant c. whereby Meum Tuum is distinguished The reuocation of this communion of things is the nerues and bond of humane Societie and the mother of labour and diligence Who would Till the ground if he hoped not to taste of the crop of it Surely all would be waste and desolate if men were to plant and build for euery body that is nobody Wee see by experience that the strongest would depriue others of the vse of things vnlesse the law did interpose her authoritie which is two fold namely Paterna Politica effected by the fathers of families and magistrates And herein is no other equalitie to be found concerning things but a mutuall voluntarie estimation of them according to the vse and behoofe of the said things And the prouerbe is true That goods held in common are as it were no bodies goods and not manured as they ought to be whereupon Plato in his second Common-wealth vpon better consideration did reuoke his former opinion of the communitie of goods and vsed to say That no man was a gayner but another became a looser which had an ouer great regard to the propertie of goods and if there were no propertie of goods all trafficke would cease Neuerthelesse the Equalitie and Equitie in the course of Commerce must be obserued to auoid the ouerballancing of commodities as in the precedent Chapter is mentioned which requireth a third consideration of an other kind of equalitie For as we haue noted with Aristotle Riches is either Naturall or Artificiall The Naturall riches as Lands Vines Forrests Meddowes and the like The Artificiall as Money Gold Siluer Cloth and all other Manufactures and houshold Stuffe Now as this Artificiall riches is proceeding of the Naturall riches and that both these doe receiue their price and estimation by money So reason requireth a certaine equalitie betweene them which wee find to bee defectiue which is concerning the price of lands To prooue our Assertion wee can hardly make this inequalitie appeare albeit wee doe find the want of the treasure transported from vs into the parts beyond the Seas For it befalleth vnto vs concerning monyes and wealth as it doth to a Generall of a Campe of ten thousand supposed armed men whereof muster being taken at seuerall times and vpon seuerall dayes all of them are found to bee armed because they lend their Armour to each other whereas if they were all mustred in a day and at one instant a great part of them would bee found to want Armour So the like want of monyes and wealth would be found if rich men were examined for their personall estates vpon any vrgent occasion And now let vs examine the commodities of all countries beginning from the East and ending in the West Of the goodnesse and value of East India Commodities THe Merchants Trade for the East Indies tooke beginning in England in the yeare 1600 At which time Spices and all other Commodities were bought for the prices hereafter declared translated out of the Portugall tongue with my additions and obseruations concerning the goodnesse of those Commodities Cloues Cloues growing in the Ilands of Moluccos being cleane of Stalkes by the Portugal called Fusties Fusses were sold for fiftie Pardaos the Kintal or the 100 weight of 112 ll correspondent with our London quintal or hundreth accounting the Pardao or Ducatt at 5 ss is about 27 pence the pound There is another leaner and drier sort of Cloues called Crauo di Bastao which is sold for 25 ducatts which the Portugalls doe mingle many times the difference is halfe in halfe in price and the pound at 13 ½ pence Mace Mace being of a faire colour and large which groweth vpon the Nutmegs and is had also in the Iland of Bantan was sold for 74 Ducatts the hundreth which is 40 pence starling the pound Nuttmegs Nutmegs in the said places were sold for 15 Ducatts is 75 ss the hundreth and the pound weight eight pence starling Ginger Ginger being dry from Calicout called Belledin or ashe colour Ginger at 9 Ducats the hundreth is 45 ss and the pound at 5 pence or thereabouts There is an inferiour sort called Mechino of six Ducatts the Quintall Ginger in conserue at 13 ½ Ducatts is about 7 ½ pence the pound Sinamon Sinamon of Zeilan growing in that Iland was sold at thirtie
found prettie store of Pearles and the climate being colder maketh the colour of them to be dimme albeit I haue seene some very faire and pendants also The small Pearle is also very wholesome in medicinable Potions Of the Commodities of Great Brittaine England THe Commodities of Great Brittaine containing the Kingdomes of England and Scotland and the dominion of Wales are rich and Staple wares and very aboundant with a continuall increase namely Woollen Clothes of all sorts broad and narrow long and short called and knowne by the names of seuerall Shires being 250 thousand Clothes made yearely besides the new Draperies of Perpetuanaes and the like commodities Tinne wrought and vnwrought aboue twelue hundreth thousand pounds yearely Lead transported and vsed aboue eight thousand Fodders euerie yeare Allomes made in aboundance aboue seuen hundreth Tunnes yearely Copperas made according to the quantitie vsed some 250 Tunnes yearely Yron of all sorts setting 800 Furnaces on worke Yron Ordnance or cast Pieces according to occasion made Wools and Woolfels and Calfe skinnes in great quantitie and Conie skins Stockins of all sorts of Silke Wooll and Yarnsey Yearne and Woolls Buffins Mocadoes Grograines Sattins Calamancos Veluets Worsteds Sarges Fustians Durance Tukes and all other Norwich wares and Stuffes Saffron the best that can be found in any countrey Glasse and Glasses of all sorts Venice gold Sea-coale and Salt Scotland Scots-coale Wheat Barley and all kind of graines in both Kingdomes Linnen Cloth and all Ironmongers wares Hides Tallow Leather drest and vndrest Trayne Oyle Salmons Pilchards Herrings Hake Conger Red-Herring Hops Woad Butter Cheese Beere Salt-peter and Gun-powder Honny and Wax Alablaster and many other Stones The Commodities of the Kingdome of Ireland are Ireland VVOolles Felles Yarne Furres Flax Linnen Cloth Hides Tallow Hempe Honny Wax Herring Cods Hake-fish Salmonds Eeles Ruggs Mantles Irish Cloth Pipestaues Yron and Lead Wheat and all kind of graine Salt-beefe Butter and Cheese and many Manufactures The Commodities of the Kingdome of France are WInes Prunes Canuas Linnen cloth Salt Veluets Raw silke France and diuers stuffes of Silke Buckrames Boxes with Combes Paper playing Cards Glasse Graine to dye Rozen Wheat and all kind of Graine corne The Commodities of Spaine and Portugall are WOols Madera Sugar Almonds Wines Oyles Anny-seeds Spaine and Portugall Anchoues Bay-berries Bariglia Figs Raisons Traine-oyle Yron Oranges Leamons Sumacke Saffron Soape Coriander Cork Licoras Woad and the commodities of the West Indies Sugar of Brazill Fernandebucke Wood Tabacco and other commodities The Commodities of Italy and certaine Ilands VEnice Gold Veluets Sattines Cipres Silkes Italy Cloth of Gold and Siluer Cottones Fustians Wines Currans Cloues Rashes Rice Sarcenets Raw Silke Allomes and Vitrioll Glasses and other Manufactures The Commodities of Germany and places adioyning WOolles Argall Steele Latine Copper Yron̄ Germany and all kind of Manufacture made of them Copperas Allomes Lead Fustians Paper Linnen cloth Quick-siluer Bell-mettall Tinne Renish Wines and Mather The Commodities of East-land and thereabouts AShes Bowstaues Cables Canuas Buffe-hides Flaxe Hempe Eastland Honny Wax Stock-fish Spruce Yron Match Wheat Rye Meale Woolles Waynscott Pitch and Tarre and Linnen cloth Cordage and Ropes The Commodities of Denmarke and Norway and Sweaden WHeat Rye Woolles Deales Clap-boord Pipe-staues Denmarke Norway Sweaden Masts Waynscot Copper Timber Fish and Furres Allomes in some places The Commodities of Russia Russia TAllow Hides Caueare aboundance of rich Furres Blacke Fox Martins Sables and the like Honny Wax Cables Ropes and Cordage The Commodities of Barbary Barbary GOat skinnes Almonds Dates Aneale Gumme Feathers Salt-peter Gold plentifully and from Guynea Hides Oliphant teeth and Graine The Commodities of the Low Countries Low Countries TApestrie Battery worke Steele Cambrickes Lawnes Hoppes Mather Butter Cheese Grograines Bozatoes Chamblets Mocadoes Brushes Tape Linnen cloth Pots Bottles Wheat Rye Salt Chimney backes Blades Horses Soape Fish Herrings Cods Ling and many things as Diaper Smalt Hoopes of Yron The Commodities of the West Indies FRom the Low Countrie beginning the West India Trade let vs set downe the commodities of it seeing that the States of the vnited Prouinces haue made lately a Societie of Merchants bearing date the ninth of Iune 1621 wherein other Nations may be aduenrors as by their letters Pattents appeareth prohibiting all other their subiects or inhabitants that they shall not trade from the said countries nor out or from any other kingdome and countrie whatsoeuer Letters Pattents for the West India Trade by the States c. vnto the coasts and countries of Africa from Tropicus Cancri along to the cape of Bona Speranza neither in the countries of America from the South end of Magellanes le Mary and other straits to the straits of Anian on euery side Noua Guinea included vpon forfeiture of the ships and goods and all their possessions within their iurisdiction and command and arrests of their persons vnlesse they be of the said Company made and established for the West India Trade Gold and Siluer Cucheneale Sugars rich Indico Donnigo Ginger Pearles Emeraulds Hydes Campeche or Logwood Salsaparilla Tabacco Canafistula Cocos-wood Lignum vitae Cottonwooll Salt and some other druggs for Physicke or dying of Stuffes And this may suffice for a declaration of the principall commodities of most countries CHAP. VIII Of Commutation or Bartring of Commodities WE haue compared Commodities vnto the bodie of trafficke which did vphold the world by commutation and Bartring of Commodites before money was deuised to be coined whereof we are now to intreate For commutation barter or trucke of Commodities was first effected in specie by deliuering one Commoditie for another according to the commodious and behoofull vse of man so that one did deliuer so many measures of Corne for so many measures of Salt as was agreed vpon another so many pound of Wooll against so many pound of Pepper Sugar or other commodities an other so many peeces of such a commodity for such a commodity or so many Hides for one barre of Yron or so many peeces of Siluer vncoyned but weighed and exchanged as yet is vsed in some places of America Barbarie and Guynea and other countries This may be properly called an exchange of commodities or rather a permutation of commodities albeit the Ciuilians when there is scarcitie of Gold and Siluer in a countrie and when the commodities in value surmount the money paied for them they do call that a permutation and denie the same to be an emption by their distinctions how soeuer this manner of commutation or barter was made by number weight and measure of commodities in kind but moneys being inuented and valued by the publicke authoritie of princes according to their seuerall stampes or coyne and by common consent made Publicae Mensura or the publicke measure to set a price vpon euerie thing This commutation barter or exchange of commodities for commodities was and is since that time made
and rechanges for it after a great rate And neuerthelesse they will bee sure to haue Pepper or any other commoditie at a certain rate agreed vpon betweene them Mony payable at the returne of the Fleet. or else in readie money payable also at the returne of the said West-Indies Fleet albeit they doe not beare the aduenture of the Siluer Bullion or Royalls of eight rather admitting a clause that if the treasure doe miscarrie they shall haue their monyes repayed within a certaine time and interest of 7 ê‘ 100 vnlesse it be they agree for the Pepper belonging to the King for many yeares to be taken at a reasonable price they bearing the aduenture of the Seas As the Lords Foulkers of Germany did contract in the yere 1592 with Philip the second King of Spaine whereby they became losers by the taking of the great Carracke the Mother of God at the Seas the next yeare following Now because in the precedent Chapters we haue spoken of a Banke and the payment of Bankers it will not be impertinent to intreat thereof before any further proceeding to the end this matter may be vnderstood of euerie Merchant and others CHAP. XX. Of Bankes and Bankers A Banke is properly a collection of all the readie money of some Kingdome The description of a Banke Common-wealth or Prouince as also of a particular Citie or Towne into the hands of some persons licensed and established thereunto by publicke authoritie of some King Prince or Commonwealth erected with great solemnitie in the view of all the people and inhabitants of that Citie Common-wealth or Kingdome with an intimation thereof made diuers times to be vpon such a day in the open market place where a scaffold is purposely erected with an ostentation of great store of money of Gold and Siluer supposed to belong to these persons or Bankers so established which is vnto them an attractiue power to persuade and allure the common people to bring their moneys into these Bankers hands where at all times they may command it and haue it againe at their owne pleasure with allowing them onely a small matter of fiue vpon euerie thousand ducats or crownes when any man will retire or draw his money into his owne hands againe which although it be but in twentie yeares yet during all that time they are to haue no more so that these persons or Bankers do become as it were the generall Seruants or Cashiers of that Prouince Citie or Common-wealth These Bankers as they haue their Companies Factors or correspondence in the chiefe places of trade in Europe so must they also keepe account with euerie man of whom they haue receiued any money into their Banke out of which number no man of that iurisdiction is almost exempted but generally all men are desirous to please them and to bring their readie money into their Banke as also such money as they haue in foreine parts In regard whereof these Bankers do giue them great credit for if any man haue occasion to bestow in merchandise or to pay in money 3 or foure thousand ducats and haue but one thousand ducats in the Banke the Bankers will pay it for him more or lesse as the partie is well knowne or credited without taking any gaine for it although it be for 3 4 6 or more monethes This seemeth to be a great commoditie as no doubt it is to men in particular but being well considered of it will be found a small friendship and no more in effect than if a man did participate the light of his candle to another mans candle for what is this credit or what are the paiments of the Banks but almost or rather altogether imaginarie As for example The maner of the Bankers paiments Peter hath two thousand ducats in Banke Iohn hath three thousand and William foure thousand and so consequently others more or lesse Peter hath occasion to pay vnto Iohn one thousand ducats he goeth to the Bankers at the appointed houres which are certaine both in the forenoone and afternoone and requireth them to pay one thousand ducats vnto Iohn whereupon they presently make Peter debtor for one thousand ducats and Iohn creditor for the same summe so that Peter hauing assigned vnto Iohn one thousand ducats hath now no more but one thousand ducats in Banke where he had two thousand before and Iohn hath foure thousand ducats in the same Banke where he had but three thousand before And so in the same manner of assignation Iohn doth pay vnto William and William vnto others without that any money is touched but remaineth still in the Bankers hand which within a short time after the erection of the Banke amounteth vnto many millions and by their industrie they doe incorporate the same which may easily be vnderstood if we do but consider what the readie money and wealth of London would come vnto if it were gathered into one mans hands much more if a great deale of riches of other countries were added thereunto as these Bankers can cunningly compasse by the course of the exchange for moneys the ebbing and flowing whereof is caused by their motion from time to time as in our Treatise of Exchanges is declared But some will say or demaund Cannot a man haue any readie money out of the Bankers hands if he haue occasion to vse it Yes that he can but before he haue it they will be so bold as to know for what purpose he demaundeth the same or what he will doe with it If it be to pay any man withall they will alwaies doe that for him as hauing account almost with all men for hee is accounted to be of no credit that hath not any money in Banke If he do demaund it for to make ouer by exchange in some other countrie they will also serue his turne in giuing him Bills of Exchanges for any place wheresoeuer because they haue their companies or correspondence in euerie place If he do demaund it for his charges and expences it will be paied him forthwith because it is but a small summe and in the end the money commeth into their hands againe If they pay out money to any man that hauing money in Banke will bestow the same in purchase of lands they will still haue an eye to haue it againe in Banke one way or other at the second and third hand so that they once being possessed of moneys they will hardly be dispossessed and their paiments are in effect all by assignation and imaginarie And if they haue any money in Banke belonging vnto Widowes and Orphanes or any other person that hath no occasion to vse the same they will allow them interest after foure or fiue vpon the hundreth in the yeare at the most and that vpon especiall favour for euerie man seeketh to please them as in matter where Commodum priuatum beareth the rule for they can easily please men in particular in giuing them some credit of that great
And to conclude concerning Fraightments and Charterpaâ—ties let vs obserue that equitie in all things is to be considered and especially in sea-fairing causes and cauillations are to be auoided as for example A Merchant fraighted a ship with all his furniture by the moneth and putteth into her the Master and Mariners and victualled the same at his charges and maketh a charterpartie with the owner promising to pay for the vse of the shippe and furniture twentie pound euerie moneth at her returne into the riuer of Thames and so ladeth in her for the Straits Equitie in sea-faring causes much to be regarded and to go from Port to Port in seuerall places with merchandise and after two yeares or thereabouts hauing taken her lading in Barbarie commeth for London and by storme and tempest the ship was cast away neere Douer and the goods were saued hereupon the Merchant denied to pay the fraight monethly to be reckoned because the ship did not arriue in the riuer of Thames according to the words in the charterpartie Herein the owner was much wronged for the money is due monethly and the place is named onely to signifie the time when the money was due to be paied for the ship deserueth wages like vnto a labourer or like a mariner which serueth by the moneth who is to be payed for the time he hath serued although he dies before the voyage be ended as we find daily that the East-Indies companie payeth to their wiues or friends The labourer is worthie of his hire The ship is not fraighted by the great to run that aduenture which is noted before neither was she wanting her furniture of Cables Anchors Sailes Ropes or any thing whereby she was disabled to performe the voyage and might be the cause of the casting away for if it were so then there were great cause giuen to denie the payment of the fraight Againe where it was alleaged that the said owner hath made assurance vpon the ship for more than the same was worth and did thereby recouer of the Assurors a benefit towards his losse this did not concerne the Merchant but the Assurors and if the assurance were orderly made the said Assurors haue paied the same duely that is to say If the pollicie or writing of assurance did declare That the owner did value his ship in such a summe whereof hereafter you may read in the proper place intreating of the nature of Assurances A Merchant valued one barrell of Saffroh at 1000 ll hauing priuately put so much in Gold in the same the Gold was taken but the Saffron was deliuered and the Assurors did pay for the Gold And the like is for Pearles or other things so valued Item when Coffers Packes or Pipes and other marked commodities or goods are deliuered close packed or sealed and afterwards shall be receiued open and loose the master is to be charged for it vntill a due triall and that consideration thereof be had he must also answere for the harme which Rats do in the ship to any merchandise for want of a Cat. The Merchant on the other side is to be bound by the said charterpartie to pay the fraight of the goods by him laden either by the Last Tunne or by the Packe and Fardel according to the agreement accounting for a Last Tunne or other thing after the rate of a Tunne lading wherein pesterable wares which take a great deale of roome are excepted and must be agreed for and the goods laden are liable for the paiment of the fraight The Merchant likewise doth couenant to pay Pilotage if a Pilot be vsed to bring the ship into the harbor also primage and petilodmanidge to the master for the vse of his Cables to discharge the goods Pilotage Primage Petilodmenidge and to the mariners to charge and discharge them which may be sixe pence or twelue pence for the Tunne lading with some other clauses and agreements made betweene the said Merchants and Master wherein it is not a misse to limit a good summe of money on either side to be paied for the performance of the charterpartie and to couenant the same by the said charterpartie whereof I do here prescribe but one forme considering the diuersities of conditions therein vsed as the Merchant and Master can agree which euery Scriuenor doth vsually make accordingly as in this Chapter is rehearsed * ⎠* CHAP. XXII Of the Master of the Ship his power and duetie of the Master to the Merchant Law of Oleron THe whole power and charge of the ship being committed to the Master requireth a staied man and of experience whereunto the Owners are to take great heed for his power is described partly by the Owner or setter forth of the Ship and partly by the Common-law of the sea by meanes and vertue whereof the Master may if need be borrow money in a strange countrie with the aduice of his companie vpon some of the tackle or furniture of the Ship or else sell some of the Merchants goods prouided that the Merchant be repaied againe at the highest price that the like goods are sold for at the market which being done the fraight of those goods so sold and repaied shall be also repaied by the Master to the Owner of the Ship aswell as the fraight of the rest of the Merchants goods except the Ship perish in the voyage in this case onely the price that the goods were bought for shall be rendred and for no other cause may the Master take vp money or sell any of the Merchants goods although it were in the danger of ship-wrecke The dueties of a Master of a Ship c. Such is the duetie of a Master of a Ship that is prouident that he ought not to make saile and put forth to sea without the aduice and consent of the most part of his companie especially when the weather is stormie otherwise he shall answere the damages that commeth thereby principally if he haue not prouided an expert Pilot or if the Ship happen to fall ouer in the harbour The Master shall be punished also by damages if the ouerloope of the Ship be vntyth or the Pumpe be faultie or a sufficient couering be wanting especially for Corne Victuall and such like commodities He is also before his departure to deliuer the names of all the persons which he is to transport and of his mariners which with vs is but lately established and at his returne he is to deliuer a true Inuentorie of the goods of any persons which shall happen to depart this life in that voyage not onely because his kindred and friends may haue intelligence of it but also because their goods may bee safe and forthcomming for one whole yeare of which goods in the meane time the bedding and appurtenances may bee taken by the Master and his Mate to their vses as also such clothing and other things then vpon his bodie may bee deliuered to the Boats-man and the
Anne his Maiesties Consort for her lands there he took not the benefit hereof as hee might haue done but the said Queene had the same In like manner a Deo dando or Deodant appertaineth to the Admirall that is to say The thing whether Ship or Boat that caused the death of a man or whereby a man did perish vnawares To conclude this point let vs remember that in causes of spoile it is sufficient by the Lawes of England for the spoiled to prooue his goods by his marke and the Shipwrecke may not only be proued by the persons liuing but also by the persons who were present at the preparation of their voyage euen their owne parents and children if none of the Ship broken be aliue CHAP. XXX Of Partners of Ships and Voyages FOrasmuch as Parteners and Owners of Ships cannot be constrained by the Law to remaine in Partenership although they had made a couenant neuer to sunder or separate themselues therefore are there many considerations to bee had and required in the same And first it is generally obserued and accustomed That if Owners of a ship newly builded or bought betweene them shall fall out and be at variance the said ship shall bee imployed and make one voyage first Law of Oleron vpon their common charges and aduenture before any of the parteners bee heard to sunder and discharge their part And after that if they cannot agree he who desires to be free is to offer to the rest his part and to set the same vpon a price as he will either hold or sell which if hee will not doe and yet refuseth to set the ship forth with the rest of the Owners or Parteners then may they rigge the said ship at their owne charges and also vpon the aduenture of the refuser so farre as his part doth extend without any account to bee made vnto him of any part of the profit at her returne But they are onely bound to him to bring her home safe or the value of his part to bee answerable for and that iustly because ships were made and inuented in common for the vse of all men euen of them that dwell in the Mountaines as on the Sea coasts and ordained for sayling and not to lie idle and vnoccupied But if the persons who haue most part of the ship refuse to abide in Partenership with him who hath a small part that neither hee can sell his part at a price without great losse nor is yet able for want of meanes to attaine or buy their parts then are they all bound to put the ship to an appraisement and so to dispose of her by sale or setting of her forth on a voyage accordingly by meanes whereof their discord may be ended and the ship not spoyled And if for want of buyers in that place the poore partener can neither auoid the oppression of the richer nor yet the rich satisfie the poore man which may also be wilfull then may the Iudge of the Admiraltie or the ordinarie Iudge deale and decree the same as hee may doe in omnibus alijs bonae fidei actionibus And consider of all the circumstances of the persons of the matter of their difference and of their motiues that thereupon he may administer Iustice in giuing euerie man his due right In cases where Owners doe agree and voyages are vndertaken there the Master of the ship is placed by the Owners A Master placed by the Owners and they ought to make good the Masters fact and deed so that the Master may lay his action vpon any one of the Owners but the rest of the Owners shall pro rata of their portions be contributarie thereunto except the handling of the Ship be so seuerally diuided amongst them or that the Master haue not his Power and Commission of them all or that the Master hath bound himselfe aboue his Commission as if he haue taken vp money to mend the ship when as he needs it not or that hee haue no Commission at all in which case the lender committeth an ouersight and hath no remedie but against the Master But if there were cause of mending the ship and the Master should spend the same another way the Owner is to satisfie the Creditor notwithstanding And aboue all things money lent for victualls to the ships company should be payed and preferred before all other debts If a Merchant contracting with a Mariner that is not a Master be therein ouerseene he must content himselfe for he can haue no action against the Owners except for a fault done by a Mariner which hath beene hired and put in by the Owners Againe albeit that by the Sea-lawes the Owners may not pursue any persons obliged to the Master yet are they permitted to pursue vpon the Masters contract as if they had beene principall contractors Because herein they doe represent and vndertake the person of the Master and these priuiledges are granted to the Owners for the good of the Common-wealth and augmentation of trafficke Neuerthelesse the Master is not bound to render an account of all to the Owners as for passengers which are found vnable to pay and so are not Owners bound to answere for the Masters negligence But it is very conuenient if the Owners bee in place that the Master doe not let the ship to fraight or vndertake any voyage without the priuitie knowledge and aduice of the Owners or of some of them to the end many things may bee aduised by them whereof the Master was ignorant CAHP. XXXI Of Moneys taken vpon Bottommarie by the Master of a ship called Foenus Nauticum THe name Bottommarie is deriued by the Hollanders from the Keele or Bottome of a ship vpon the paralel whereof the Rudder of a ship doth gouerne and direct the same and the money so taken vp by the master of the ship is commonly done vpon great necessitie when moneys must be had in forreine countries to performe a voyage for the vse payed for the same is verie great at 30 40 and 50 pro cent without consideration of time but within so many daies after the voyage ended Difference between interest money and Bottommarie This Money is called Pecunia traiectitia because that vpon the lenders danger and aduenture it is carried beyond or ouer the seas so that if the ship perish or that all be spoyled the lender doth lose the money But on the contrarie money letten at interest is deliuered on the perill of the borrower so that the profit of this is meerely the price of the simple loane called Vsura Locatio or hire but the profit of the other is a reward for the danger and aduenture of the sea which the lender taketh vpon him during the loane which is to be vnderstood vntill a certaine day after the voyage ended therefore if the money miscarrie either before the voyage begin or after the terme appointed for the full loane then the perill pertaineth to the borrower
libertie of Trade is restrained from others whereby the Monopolist is inabled to set a price of commodities at his pleasure A Merchant of London hauing sent a great Ship to Zante to lade Corrints and Wines being there arriued another Merchant there inhabiting vpon knowledge hereof caused all the Corrints to bee bought vp to preuent the said Merchant and to compell him to buy the said Corrints of him at deare rates to lade the said Ship which made the Factor appointed to lade the said Ship at his wits end But being ingenuous hee deuised a course to disappoint the said forestalling Merchant and caused Bills to be set vp in all publike places to giue notice that the said Ship was come to take in Merchants goods for her lading and to returne for London which being vnderstood by him brought him into a secondarie and to set all the Brokers of Zante on worke to helpe him to sell the said Corrints againe whereby he became a loser In this and the like cases the said Societies are to haue a care of preuention otherwise it is the part of the Prince to looke vnto it with a politicke eye vpon complaint to bee made as of late yeares hath been done when the French Merchants did striue to bring new Wines first to the Market thereby inhauncing the price of Wines in France it was ordered and commanded by Proclamation That no Wines growing in France should be sold or put to sale before the first of December to bee obserued euerie yeare The like was done heretofore by our Merchants trading Spaine in the buying of Rotta Raisons by an order amongst them That none should bee sold by them before the last of October which being knowne to Merchant Strangers made them to preoccupie the Market they not being bound to their orders so that this is to be done more properly by the Kings Proclamation Here I call to mind my former obseruation of that royall commoditie Tinne which aboue one hundreth yeares since Preemption of Tinne was sold for fortie shillings the hundreth when the best Veluet was sold for ten shillings the yeard how Merchants trading Turkie found fault with his Maiesties preemption of the said Tin and caused the same to be abolished to keepe the price thereof at fiftie fiue shillings the hundreth and bringing in Corints Leuant Wines Spices and Indico at deere rates as they sold them vsed all meanes to suppresse the rising thereof which being considered of by forraine Nations caused them to vse meanes to incorporate or ingrosse the same whereby that commoditie came to be of more estimation and request where â—pon the said Preemption was reestablished which hath increased the stocke of the Kingdome since that time aboue six hundreth thousand pounds being risen to double the price and yet but proportionable to the price of Veluets and other commodities On the contrarie another commoditie Minerall namely Copperas which was sold heretofore when there was Letters Patents for the sole making thereof for 10 ll and 12 ll the Tunne whereof a great trade might haue beene made for other Countries hath beene so ill gouerned by worke-men vnderselling one another and for want of orderly carriage that the same is sold vnder 3 ll the Tunne and is become a meere drug out of request by the abundance made and indiscreetly vented bartered or exchanged France yeelding aboundance of Salt although one yeare more than another suffereth not the commoditie to bee ouermuch vilified For albeit that the subiects within the Realme doe not care how good cheap they buy the natiue commodities because of their owne benefit yet the Prince ought to haue a care to reduce them into trade with a respect of the forraine commodities brought into his Kingdome So that not onely those Letters Patents or priuiledges graunted by them for the reward of new inuentions are necessarie but also some directions to Companies or Societies are in policie verie requisite Letters Patents for new inuentions Vertue in a Common-wealth ought as well and rather in some respects to be more rewarded than Vice to bee punished by cutting off the malefactors This is agreeable to the Common Law of the Realme and the fundamentall Lawes of all Nations granting the Proiectors or Inuentors priuiledges for twentie one or more yeares which some men without distinction of Monopolies would haue abridged to 14 11 or 7 yeares wherein the thing it selfe ought to make the difference vpon good considerations and not to measure all things alike For example the Graunt made for the sole importation of Spanish Tabacco The Farme of Tabacco doth gaine and saue the Kingdome many thousand pounds yearely for Bayes Sayes Perpetuanoes and the like commodities which these two yeares haue beene sold in Spaine with fifteene vpon the hundreth losse to procure money to buy the said Tabacco are now sold to so much benefit besides the aduancement of the Plantations of Virginia and the Bermudas But this is not proper to bee done for other commodities that are not of that nature neither of commodities to be exported wherein such and the like considerations is to be had The generall intention of all Graunts by Letters Patents for Manufactures hath a relation to set the people on worke to recompence the inuenter of the Art or Science and that things may in some measure be better cheape to the subiects What shall we say then of those Graunts which make the commoditie good cheap to forraine Nations and dearer to the subiects Surely this cannot be without some great abuse If a Keelne for the drying of Malt for all the Kingdome ouer were inuented to bee done with Pit-coale better cheape than with Wood fire and more pleasing without the sent of smoake and that this Keelne or Keelns were placed in conuenient places for all mens accesse whereby they should saue much charges and haue their Mault better cheape if heereupon Letters Patents were granted to reward the Proiector no man of iudgement will call this a Monopoly nor any part thereof although the publike libertie seemeth thereby to be restrained For take it another way and you shall find it rather to be a common distribution than a restraint whensoeuer it bringeth a generall good and commoditie to the Common-wealth The Statutes of the Kingdome restraining from the exercise of sundrie Crafts all such as haue not serued an Apprentishood vnto the Art which they would exercise doe it to no other end but that those Arts might bee brought to better perfection and the things made might be good and seruiceable for those that buy and vse them Some men are well contented if a prohibition or restraint of a commoditie be done by Act of Parliament and they will no manner of wayes haue called the same to be a Monopoly although it be so in effect when a Societie of priuate Merchants haue a priuiledge to themselues onely to sell certaine commodities or to import them and all other subiects are excluded although
your old Stockes for then they may forbeare it 7 In September the gathering of Bees is past stop close and if there bee any that is not cappable leaue them and stop close with clay and salt and daube below with Cow dung as the manner is 8 In October beginne to looke whether robbers haue spoiled any or not if it be so that they haue take away your Bees as in Hony time and set vp your Skepes with the combes whole to be vsed as hereafter followeth 9 In Nouember stoppe vp all holes let none passe in or out but if they prooue weake then take away your Bees from the combes and keepe them for the second and third swarmes after 10 In December house your Bees if they stand cold and in the North house all 11 In Ianuarie turne vp your Bees and throw in wort and water and hony twice or thrice but let your water be warme 12 In Februarie set foorth and serue all them that stand in need with wort and hony or hony and water so it bee warme and then in March looke for their breeding as is before declared No corrupt combes to be left but the bad are to be taken forth in the Spring time being in feeding and when you haue throwne in one pinte of warme worte and that they are struggling with the clammines of the wort then may you verie well take from them any thing that doth annoy them which manner of dressing you may obserue for many yeares during your Skepe so long as they stand to worke new againe Necessarie obseruations concerning the Premisses FRom the middest of Aprill vntill the midst of May looke diligently to thy Bees for then are they neere beginning to hatch and doe stand in need of most helpe especially if the Spring be cold The poyson of Bees and the wind holding any part of the North or East whereby the tender buds or blossomes doe perish and the Bees are driuen to the blossome of Apple trees which is their vtter ouerthrow and decay Helpes for weake Bees at all times TAke water and hony mixt together made luke warme and throw it amongst the combes to the quantitie of a pinte at a time or strong wort new runne or vnboyled wort also luke warme and the same two or three times at the most and this for the first Swarme For the second and third Swarme must be giuen in their Hiues to preserue that which they haue gathered Take Mulce which is eight times so much water as hony boyled to a quart or three pintes set the same with dishes in their shepes laying a few strawes in the dish to keep them from drowning Wort and figs boyled will serue also The smoake as it were the Tabacco of Bees wherein they delight is Cowes or Oxen dung sophisticated with sweet wort Bees Tabacco and the marrow of the Oxe or Cow being well dryed take the Shepe which is diseased set it in a meale skiffe or riddle and then kindle a little fire with your Cowes dung and set them ouer the smoake of the fire and so smoake them by fits scarce so long at euery time as you can tell tenne and beware not to vse this smoaking too oft but as necessitie requireth and in gentle manner The necessarie vse of hony and wax made me to obserue the premisses wishing That in all Parishes of Great Brittaine and Ireland all the Parsons and Vicars in Countrey Townes and Villages were inioyned to keepe Bees for their owne benefit and the general good which they may doe conueniently in the Churchyards and other places of their Gardens and some of their children or schollers may attend the same The multiplying of Bees is easie without destroying them Equiuocall generation of Bees and the creation of them is knowne to many proceeding of the corruption of a Heyfar the flesh whereof is fit to ingender Bees as the flesh of Horses for Waspes or that of man for Lice And to abbreuiate I do referre the desirous Reader hereof to Master Hill his booke of Husbandrie where he speaketh of Bees with the commoditie of Hony and Wax and of their vses and seuerall profits collected out of the best learned Writers as Plinius Albertus Varro Columella Palladius Aristotle Theophrastus Cardanus Guilielmus de Conchis Agrippa and others Returning to manufacture and to conclude this argument many are the commodities to bee made of Silke Wooll Linnen Cotton and other Stuffes but vaine is the conceit that would command and gouerne them all But as we haue declared before in the Commutation or Barter and the vse of them lyeth the greatest consideration and in the setting of people on worke to auoid Idlenesse the disturber of Common-weales which causeth men to make Plantations and Discoueries of other Countries whereof incidently wee are now to handle something seeing that Merchants haue the managing thereof CHAP. XLVI Of Plantations of People and new Discoueries WHen the Common-wealth of the Empire of the Romanes grew to bee very populous and men idle would haue stirred more commotions Plantation of Colonies of people Then the Plantation of Colloneys of people in other Countries was most necessarie to bee practised and meanes also to set the people on worke or to imploy them in the warres to gouerne the quietâ—r at home And at this day in Rome and many other places in Italy if a man shall be found to liue idle and want meanes offer is made vnto him to draw a lot for a summe of money be it 30 40 60 or a 100 ducats as he may be reputed to haue that money or to become an Officer in their Gallies where other malefactors are confined to serue Three Impostumes or the world For vnlesse the three Impostumes of the world namely Warres Famine and Pestilence doe purge that great Bodie all Kingdomes and Countries become very populous and men can hardly liue in quiet or without danger Merchants therefore seeking to discouer new countries are much to bee commended and cherished and their Customes are to be obserued as a Law permanent which hitherto haue beene herein kept vnuiolated The vnfatigable industrie to make a compleat Plantation in Virginia and the Island of Bermudus Plantation of Virginia and the Bermudus which hath beene verie chargeable might haue beene farre better if honest housholders and families of some abilitie hath beene induced thereunto by benefit and profit at the beginning and meere poore people and vagabonds had not beene admitted but afterwards This inducement should haue wrought in their Idea an imaginarie common-wealth and ought to haue beene done in this manner following Make choice of some honest Shoemakers likely to try aduentures and to inrich themselues know of them how many paire of Shoes they make yearely whereby they liue and their families although victualls be deare Then let them know that foure or fiue times so many shall be taken from them and Leather bee deliuered them if they will goe and
inhabite in Virginia where they shall haue houses and lands for themselues and their heires for euer and their worke shall be taken from them and they shal be duely paied and that a certaine number onely shall haue this priuiledge for certaine yeares and none others to be admitted albeit the number of people doe increase wherby they may be sure of a certain beneficial liuing And no doubt they wil aduenture that little they haue to inrich their means and estate and persuade their wiues and seruants to go with them who may succeed them vpon other good conditions The like is to be done with Taylors Bakers Brewers and other handicraftes-men and so conceauing a common-wealth within themselues wil resolue and encourage many that are of some meanes to accompanie others of smaller means whereby the base minded will be brought to be also painefull and industrious in time and the charge of the vndertakers will be lesse and more commodious to prouide the voyages with facilitie The like was to be put in practise by the Hollanders in the Island of saint Thomas vnder the line but the extreamitie of the heate of that Climate did bring a disorder and the attempt was giuen ouer It is more like to be established in other places for albeit the warres in Europe will diminish the people yet most countries are populous Politicians although they are much mistaken in the number of parishes of seuerall kingdomes yet are they not in the number of the persons or inhabitants France containing by late estimation about 27400 parishes What people in France in numbers c. esteemed in 44 hundreth thousand families of fiue persons to a familie where in England six persons are accounted to be in a familie is 22 millions of persons England containing 9725 parishes 52 shires and 26 cities is esteemed in 28 hundreth thousand families of six persons which maketh 16 millions and 800 thousand persons Scotland containing aboue 4000 parishes is esteemed to haue about 1500 thousand persons or families of six persons is nine millions of persons Ireland containing 5500 parishes was esteemed not to containe the two third parts of Scotland which is now much increased The prouince of Flanders one of the 17 Netherlands esteemed to containe 140 thousand families of fiue persons is 700 thousand persons which is more than the kingdome of Denmarke being ten times more spacious Now omitting to speake of other countries Too populous is dangerous in Monarchies let vs obserue that in all popular gouernments be it an Aristocracie or Democracie the meanes to make countries populous is thought reasonable which in Monarchies is held to be dangerous The concourse of people causeth the greater consumpsion of all things and the reuenues are great by Impositions and it giueth life to trafficke and commerce The Plantation of Vlster one of the foure Prouinces of Ireland is now verie great and the meanes to set the people on worke are to be taken in hand which may be done by a Corporation of English and Irish Merchants there inhabiting and English Merchants in England to vent the superfluities of the commodities of that kingdome and to increase the manufacture of many needfull commodities to bee made there the realme affording stuffe and materialls thereunto plentiously And here I remember a good obseruation heretofore made touching the kingdome of Ireland Why the same was not brought vnto perfect obedience to their soueraigne these 400 yearâ—s but vnder our most gratious king Iames which is attributed to the mistaking of the place of the plantation of the first aduenturers that were deceiued in their choice Fit places for plantation to be considered of for they sate downe and erected their castles and habitations in the plaines and open countries where they found most fruitfull and profitable lands turned the Irish into the woods and mountaines which as they were proper places for Outlawes and Theeues so were they their naturall castles and fortifications thither they draue their preys and stealths the lurked there waited to do euill and mischiefe for these places they kept vnknowne by making the waies and entries thereunto impassible there â—hey kept their cattle liuing by the milke of the cow without husbandrie or tillage there they increased and multiplyed vnto infinit numbers by promiscuous generation among themselues there they made their assemblies and conspiracies without discouerie but they discouered the weaknesse of the English dwelling in the open plaines and thereupon made their fallies and retraits with great aduantage Whereas on the other side if the English had builded their castles and townes in those places of fastnes had driuen the Irish into the plaines and open countries where they might haue had an eye and obseruation vpon them the Irish had beene easily kept in order and in short time reclaimed from their wildnesse and would haue vsed tillage and by dwelling together in towneships learned mechanicall Arts and Sciences This discourse may seeme strange to the Law of Merchants but when Merchants vndertake Plantations as we see they do no man will hold the same to be impertinent The discouerie of the Southerne countries called Terra Australis And for as much as diuers Mathematicians heretofore haue according to those discoueries made their maps and vpon good probabilitie affirmed and set downe Terra Australis incognita whereof discouerie hath beene made in the yeare 1615 by Ferdinand de Quir a Spanish Captaine let vs consider that many other countries may also be found out albeit this containeth a fifth part of the world for as he saieth to Philip the third late king of Spaine the length thereof is as great as all Europe and Asia the lesse vnto the sea of Bachu Persia and all the Isles as well of the Ocean as of the Mediterranean sea taking England and Island into this account seated within Zona Torrida and a great thereof reacheth vnto the Equinoctiall Circle eleuated vnto them to 90 degrees aboue the Horizon and in some places a little lesse There they liue without Kings or Lawes and know no neighbourhood either of Turkes or Moores and according to this maner of life although they want Yron and Guns they haue not need of any thing But they abound with many excellent commodities whereof the Spaniards will in time make vse especially if they be more assured of Gold there to be found as in part they are of Siluer and Pearles for these are the three most pretious darlings that lie and are cherrished in the bosome of Nature To say nothing of Spices and Drugs whereof they abound with many other commodities by the said Captaine declared And here we may not omit to remember That it is not enough to discouer countries and leaue them without plantation or at the least neglect the vse of them if Merchants do giue ouer their enterprises But it is the part of Princes to see plantations made True causes to make plantations for two maine reasons
That is to conuert the inhabitants or neighbours to Christianitie and to the end such temporal blessings may be enioyed as the land and seas do affoord most requisit to be done in the Island of New found-land bordering vpon the coast of America from which it is diuided by the sea so far distant as England is from the neerest part of Fraunce and lyeth betweene 46 and 53 degrees North latitude as Captaine Richard Whitbourne hath verie well declared in his discouerie affirming the spaciousnesse thereof to be almost as Ireland and therein he hath noted many disorderly courses committed by some Traders and fishing Merchants in setting forth to the New-found-land which are worthie the obseruation and knowledge of Merchants because that the like errors may not be committed in other voyages which by this good aduice may be preuented or reformed It is well knowne saieth he Worthie considerations for plantation for the fishing trade That they which aduenture to New-found-land a fishing beginne to dresse and prouide their ships readie commonly in the moneths of December Ianuarie and Februarie and are readie to set forth at sea in those voyages neere the end of Februarie being commonly the fowlest time in the yeare and thus they do striuing to be there first in a Harbour to obtaine the name of Admirall that yeare and so to haue the chiefest place to make their fish on where they may do it with greatest ease and haue the choice of diuers necessaries in the Harbors And thus by their hasting thither oftentimes there comes not only dangers to themselues but also great mischiefe and losses to many others which arriue there after the first as it may by that which followes truely appeare For by the hasting forth as now they vse they greatly endanger themselues being many times beaten with rough and stormie windes and oftentimes they are thereby forced to returne backe with great losse both of mens liues and goods as it is well knowne so that to get the superioritie to arriue there first in an Harbour they will beare such an ouerprest saile and in so desperate a maner as there are no true vnderstanding sea-men that vse the like to any place of the world For albeit when the fogs are thicke and the nights darke 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
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
heretofore accounted two Carrats for an ounce of Siluer And all moneys of Gold and Siluer do participate of this finesse according to their substance which maketh their standards thereafter whereby the sterling standard containeth eleuen ounces and two penie weight of fine Siluer and eighteen pennie weight of Copper and our Angell Gold holdeth twentie and three Carrats three graines and one halfe and halfe a graine of Allay as shall be hereafter more amplie declared together with the proportion betweene Gold and Siluer Let vs now speake of the properties of Moneys in the course of Trafficke and make the effects thereof apparant The propertieâ— of Moneys The first propertie is That plentie of Money maketh generally all things deere and scarcitie of Money maketh generally things good cheape whereas particularly commodities are also deere or good cheape according to plentie or scarcitie of the commodities themselues and the vse of them Money then as the Bloud in the bodie containeth the Soule which infuseth life for if Money be wanting Trafficke doth decrease although commodities be aboundant and good cheape and on the contrarie if Moneys be plentifull Commerce increaseth although commodities be scarce and the price thereof is thereby more aduanced Nay by Money a trade is made for the imployment of it both at home and abroad For those countries where things are good cheape are destitute of trade and want Moneys and although things for the bellie are good cheape there is lesse benefit to be made by Merchants According to plentie or scarcitie of Money then generally commodities become deere or good cheape and so it came to passe of late yeares that euerie thing is inhaunced in price by the aboundance of Bullion and Moneys which came from the West-Indies into Europe which like vnto an Ocean The Ocean of Moneys hath diuided her course into seuerell branches through all countries and the Money it selfe being altered by valuation as aforesaid caused the measure to be made lesser whereby the number did increase to make vp the tale being augmented by denomination from twentie to sixtie or of those latter yeares from fortie to sixtie So that plentie of Money concurring herein made euerie thing deerer and especially the forreine commodities as we haue noted before which caused some men to be of opinion That our Moneys should be more inhaunced as it were striuing therein to exceed other nations wherein they are farre from the marke Alteration of Mâ—ney altereth the price of things for if that were done not onely all the forreine commodities would be deerer but also our home commodities howbeit onely in name The like would happen if Moneys were by allay of Copper imbased as experience hath proued in the time of King Henrie the eight and of latter yeares in the realme of Ireland so that we see the Prouerbe to be true That the vnknowne disease putteth out the Physitians eye The plentie of Money required must be not with a consideration that we haue or may seeme to haue more moneys than in times past but according to the present great quantitie and aboundance of Moneyes now found in all countries which in effect haue more proportionable part thereof than England hath Neither was Money more plentifull when an ounce of Siluer was valued but twentie pence iudging of Money as we do of Commodities either deere or good cheape according to the price for Money must be still the measure and ouerruleth the course of Commodities Howbeit Exchange of Moneys is predominant ouer Commodities and Moneys as shall be declared hereafter The second propertie of Money proceeding from the operation of Vsurie deuised thereupon The operation of Money by the rate of Vsurie whereby the measure is ingrossed and also falsified is That the rate of Vsurie is become the measure whereby all men trade purchase build plant or any other waies bargaine and consequently all things depending vpon the premisses are ruled and gouerned accordingly as in the Chapter of Vsurie Politicke is declared to the decrease of Trafficke and Trade Moneys will haue substanall value really The last propertie of Money is to haue an internall value in substance whereupon the Exchanges of Money are grounded in so much that in countries where the transportation of Money is prohibited and Merchants Strangers and others are commaunded to make their returnes in Commodities or by Exchange if the Moneys be base or of Copper the value in Exchange will be made accordingly to the vtter ouerthrow of all Commerce for Moneys will haue substantiall value Thus much for an Introduction concerning Moneys Now let vs beginne from the originall of Mettalls and so descend to the Particulars and Accidents * ⎠* CHAP. I. Of the Essence or Existence of Mettalls ALl Philosophers by the light of Nature and long obseruation haue determined that the sperme or seed of all things created of the foure Elements doth in a secret manner lowre within the two Elements of Water and Earth and that Nature doth continually worke to produce perfect things but is hindered therein by accidentall causes wâ—ich are the begetters of corruption and imperfection of all things whereby we haue varietie of things which are delectable to the spirit of man Herein they obserue the operation of the Sunne and Moone Vegitatiue Sensitiue and Rationall and the other Planets and Starres in the generation of all things which either haue a Being or Existence as the Elements haue or a Being and Life as vegitable Trees or Plants or a Being Life and Sense as Beasts Birds and other liuing creatures or a Being Life Sense and Reason as Man hath and all reasonable creatures which knowledge and wisedome no doubt the holy Prophet Moses did learne amongst the Egyptians Acts 7.22 But had these Philosophers read the * Genesis Booke of Moses of Creation and Generation they would not haue ascribed the guiding and conducting of all naturall things to the two Leaders namely the Starres and Nature Hence it procedeth that amongst vegitable things which haue a Being and Life they reckon all mettalls which haue their beginning from Sulphur and Mercury Tanquam ex patre matre which meeting and concurring together in the veines of the earth doe ingender through the heat and qualitie of the Climate by an assiduall concoction according to the nature of the earth wherein they meet which being either good and pure or stinking and corrupt produceth the diuersitie of the mettalls of Gold Siluer Copper Tin Lead and Yron in their seuerall natures and hereupon they haue assigned them vnder their distinct Planets to bee beneuolent or maleuolent The Planets of Metalls as Lead vnder Saturne Tinne vnder Iupiter Yron vnder Mars Gold vnder Sol Copper vnder Venus Quickesiluer vnder Mercury and Siluer vnder Luna So Mercury or Quickesiluer is one of the seuen mettals which being volatile and by his volubilitie running with euery one is in nature as they are either good or euill And howsoeuer they
haue placed Tin vnder the beneuolent Planet Iupiter experience hath prooued vnto vs that Tin is the poyson of all mettalls Sulphur is excluded which they say is of two colours being white and corrupt in the Siluer which therefore falleth away but red and pure in the Gold and therefore permanent These diuersities of mettalls being come to passe by accidentall causes is the cause that Art being Natures Ape by imitation hath endeuoured to performe that wherein Nature was hindered Whereupon Aristotle saith Facilius est distruere Accidentale quam Essentiale So that the Accidentall being destroyed the Essentiall remaineth which should be pure But this cannot bee done without proiection of the Elixar or Quintescense vpon mettalls Hence proceedeth the studie of all the Philosophers to make their miraculous Stone which I confesse is very pleasant and full of expectation when a man seeth the true and perfect transmutation of mettalls Transmutation of mettalls Lead and Yron into Copper the Ore of Lead into Quickesiluer or Mercurie with a small charge to a very great profit as it hath beene made for me vntill the makeâ— of it dyed within three moneths after he had made almost foure thousand pound weight as good as any naturall Mercurie could be and that in sixe weekes time To returne to our Philosophers concerning the Essence of Mettalls they haue beene transcendend in the knowledge thereof for they shew the generation of Sulphur and Mercurie in this manner The Essence of Sulphur and Mercurie The exhalations of the earth being cold and drie and the vapours of the seas being cold and moist according to their natures ascending and meeting in a due proportion and equalitie and falling vpon some hilly or mountainous countrey where the influence of Sunne and Moone haue a continuall operation are the cause of generation or properly from it is Sulphur and Mercurie ingendered penetrating into the earth where there are veines of water and there they congeale into Gold or Siluer or into the Ores of Siluer Copper and all other mettalls participating or holding alwaies some little mixture of the best or being in nature better or worse according to the said accidentall causes So that they doe attribute the generation to the operation of the influences of the Sunne and Moone where the Booke of God sheweth vs the creation of all things in heauen and earth and the furniture thereof The earth being the drie part of the Globe of the world did appeare and was made the third day containing in it the Ores of all mettalls and mineralls whereas the Sunne and Moone were created afterwards on the fourth day whose operation was incident to the things created but not before In like manner say they are Diamonds Rubies and other precious stones ingendred according to the puritie of the matter and the portionable participation of euery element therein Exhalations and vapours c. if the exhalations being subtile do superabound and preuaile ouer the vapours then hereof is Sulphur ingendred and if this subtile exhalation be mixed with the moist vapours and wanteth decoction as being in a very cold place it becommeth Mercurie or Quickesiluer which can indure no heat or fire at all The first mettall mentioned in the holy Scripture is Gold which was found in the riuer Pisson Gen. 2.11 Gold groweth running through the Garden of Eden into the countrey of Hauila where Gold doth grow and this was in the East according to which obseruation all the veynes of Mines runne from East towards West with the course of the Sunne as shall be more declared To this argument appertaineth the Philosophicall studie of Prima Materia Prima Materia vel Mercurius Philosophorum to be found out by experience for the great worke of Lapis Philosophorum by the operation of the Sunne in seuen yeares the practise whereof was made about fortie yeares since by a Germane Doctor of Physicke at Dansicke in the East countreys as I haue been informed by a friend of mine who was also a Physician and was done in this manner according to the bignesse of the bodie of the Sunne The body of the Sunne is 166 times bigger than the whole Globe being 166 times bigger than the whole Globe of the earth and water making the circumference of the world whereupon hee tooke 166 vialls or glasses wherein hee did put of all the Ores of mettalls and mineralls and other things which had any affinitie with mineralls and some of them mixed and calcined all of them and closing or nipping vp all the glasses by fire he did expose them to the Sun in an eminent place for and during the said time of seuen yeares and found thereby as it was reported Prima Materia which was reduced to seuen glasses howsoeuer it was certaine that he grew verie rich and bought aboue one hundreth houses in that Citie before hee died which was an occasion that my friend imitating him did likewise place not farre from London seuen glasses with calcined mettalls made of the ores of mettalls and minerals vpon a house top against the backe of a chimney where the repercussion of the Sunne did worke vpon them which was admirable to behold from six moneth to six moneths not onely by the sublimation of colours verie variable and Celestiall but also of the rare alteration of the Stuffe being sometimes liquid another time drie or part of it moist ascending and descending very strange to behold as my selfe haue seene diuers times from yeare to yeare some had beene there two three foure fiue and one almost seuen yeares the colour whereof had been yellow then white in the superficies then as blacke as pitch afterwards darke red with Starres of Gold in the vpper part of the glasse and at last of the colour of Oranges or Lemons and the substance almost drie Many were the questions betweene him and me but hee was confident that there was the Elixar howbeit very doubtfull that hee should neuer inioy the same and it came so to passe for after a long sickenesse he died of a burning Ague and a Gentleman gaue a summe of money to his wife for that glasse whereof I haue not heard any thing these seuen yeares In this glasse hee would shew mee the working of this quintescence according to the description of Ripley Lapis Philosophorum who he was assured had the Lapis and so had Friar Bacon and Norton of Bristoll Kelley had by his saying some little part to make proiection but it was not of his owne making The charge to make it was little or nothing to speake of and might bee done in seuen moneths if a man did begin it vpon the right day The twelue operations of Ripley he declared vnto me were but six and then it resteth for saith he all Philosophers haue darkened the studie of this blessed worke which God hath reuealed to a few humble and charitable men Ripleys twelue gates Calcination Dissolution and Separation
1500 Markes of Gold of eight ounces 1500 Markes of Pearles 1 Chest Emeraulds From Mexico For the King 1900 thousand Pesos of Siluer 1100 Markes of Gold For particular persons 2 millions in Siluer 64 thousand Hides 25 thousand ll Indico From Santo Domingo Island 35 thousand Hides 900 Chest Sugar of 1000 ll weight 22 thousand Kintals of Ginger 13 thousand Kintals of Logwood 50 Kintals of Salsaparilla 48 Kintals of Caniafistula 64 Roues of Cottonwooll All the Gold and Siluer was valued at thirteene millions and all the commodities at three millions whereof the King had twelue millions and one halfe De claro wherewith we conclude this Chapter of the Mines Royall and are moued to write also of other Mines and Minerals contrarie to our first intention but briefely as followeth * ⎠* CHAP. III. Of Mines and Mineralls THe next in order to be treated of are Tin Mines which are but few in number in all countries Tin Mines and in Germanie onely found somewhat plentifull but the Tin is blackish and corrupt so that our English Tin in Deuonshire and Cornewall is the only Tin of all the World which containeth foure ounces of Gold in a thousand whereof there is some twelue hundreth thousand made yearely It hath been sold for many yeares at an vnder value but his maiestie hath by way of Praeemption aduanced the price thereof which belongeth to the Dukes of Cornewall and consequently vnto the noble Prince of Wales Charles sonne and heire apparant to our soueraigne Lord king Iames. This Praeemption is letten to ferme to certaine Merchants and the gouernment of the Staneries with all the good orders obserued therein and the coynage of Tin to demonstrate the goodnesse is profitable to the kingdome and deserueth great commendation as is alreadie noted Lead Mines Leade Mines are found in all cold countries especially in Germanie in the dukedome of Brownâ—wike but it is blacke of colour and vntill it be refined it is vnseruiceable and consequently not vendible The old Duke had almost made a wall aboâ—t the citie of the sowes and pigges of Leade vntill our Leade became deere and scant and that an Antuerpian did teach them how to refine their Leade in taking away the cobble which is like vnto a knot in a peece of timber which made the Leade brittle and by his meanes all the Dukes Leade was sold in Italie Spaine and other places in France and elsewhere Scotland and Ireland haue many Leade Mines containing also Siluer The Leade Mines of England are scituated in diuers places of the kingdome but most in Darbishire in the hills of Peake Somersetshire and Wales There is great difference in the Ore as hath beene noted There are also many Lead Mines in Richmondshire vnder the countie of Yorke where I went to view them anno 1606 about Arkendale and the new Forest hauing prepared a long Yron boare of eighteene foot long for that purpose Description of many Leade Mines in Yorkshire and there I did obserue within the compasse of ten miles that the scituation of Arkendale iâ— betwixt two hills the one lying North called Windike and the other South-West called Moldersey adioyning vnto another hill called Pouncy lying West from Moldersey all belonging vnto the King and by lease vnto sir Iohn Maillorie knight There are also adioyning vnto it certaine other hills where lead Mines are as Swailedale where my lord Wharton hath his workes also Readhurst Cocka and Fellind being East from Wyndecke The Mines of Arkendale haue neuer been wrought to any purpose There is but three smelting cottages which do feed vpon the poore people and inhabitants thereabouts which at their leasure seeke for Lead Ore vpon sufferance and bring the same to the melting places where they fell the same for 20 or 24 ss the load giuing to the owners three or foure parts in ten as they can agree and one tenth to the Parson or Vicar of the Parish or Chappell A loade of Ore with them is as much as foure or fiue horses can conueniently carrie which by computation is some ten hundreth weight and is also deliuered by a measure called Load foure of these Loads will make a Fother of Lead of twentie hundreth their weight being 120 ll to the hundreth London weight so one hundreth of Lead Ore maketh but 30 ll of Lead which commeth to passe for that their manner of melting is by foot-blast and small furnaces with wood and charcoale Foolish maner of melting casting the Ore of Lead betweene them in small peeces and so still augmenting their melting which can yeeld but little the heat of the fire being choaked with the fewel and drosse of the Lead whereas flame is the greatest meane of melting of all mettaline Ores which require furnaces to be made accordingly where thirtie six or fortie hundreth may be molten together they melting three or foure hundreth There is no wood to be had but within two miles but sea coale and good peate is neere hand which may serue better cheape for they reckon 7 or 8 ss for the charge of a fother for the melting The Lead being cast into small Piggs of somewhat more than one hundreth weight are brought on horse-backe through Richmond to Burroughbridge being about thirtie miles distant and are conueyed by water to Yorke for 2 ss the hundreth and from Yorke to Hull for other two shillings so that a Fother of Lead with all charges will not stand in three pounds and there is a neerer way by Stockton on the sea-side about twentie and fiue miles which will lessen the said charges Now we are come to Yron mines Yron Mines whereof almost all countries in Europe are prouided which do much differ in goodnesse yet may be vsed according to the seuerall workes whereunto it is imployed as the Spâ—nish Yron seruing for Blades not so good for other things England hath great store of Yron Mines for by computation there are aboue eight hundreth furnaces The melting of it by flaming sea coale or Scots coale saueth a great deale of charges There are lately found more Yron Mines in Fraunce which Yron being made into bars is transported into Guinea Binea and other parts vpon the coasts of Africa where it hath continually beene in great estimation and now becommeth so aboundant that their profit is but small of those voyages and so it falleth out at this present for the price of Leade The Yron stone in Wales is found to differ from the Steele stone by meanes whereof a Germane made good Steele in barres Steele stone and also Gad Steele But the patent of sir Baesell Brooke for the making of Steele did hinder the proceedings therein and Germane Steele is best vntill of late that a Frenchman shewing the imperfection of ordinarie Steele caused his maiestie to make void the said patent and to grant another for the making of perfect Steele surpassing in goodnes the Steele of all countries So we find
it can by art be extracted and the bodie being as red earth can neuer be moulten without the spirit be againe added thereunto Difference between naturall and artificiall Gold as it were infusing life and lastly it is medicinable and maketh glad the heart of man which artificiall Gold doth not neither is it corrosiue as this Gold is so that a scratch of it will hardly be healed But for our purpose of moneys being soft and onely hardened by the ayre deafe in sound and ponderous in weight it requireth to make Crowne Gold fit for moneys and workes to haue some allay of Siluer and Copper mixt which is 1 12 part howbeit that moneys are also made of fine gold wherein for obseruation sake we ascribe halfe a graine of allay in twentie and foure Carrats It hath also by reason of his hot and drie qualitie a propertie That filling a cup with wine to the brim yet you may put ten or fifteene peeces of Gold coyned into it by little and little without spilling as it were apprehending and clasping the liquid qualitie of the wine It is held for certaine that the Salamanders wooll Soda bariglia or Massacote and Alumen Plumosum are not subiect to fire yet are they subiect to corruption The stuffe called Soda Bariglia or Massacote whereof Glasses are made which stuffe is burnt of certain sea weeds as we know daily may see in the Glasse-houses is not subiect to fire but altogether to the ayre But Gold is permanent Here now ariseth a question How it was possible that Archimedes Geometricall triall so much celebrated by Antiquitie can be sure seeing Gold hath that attractiue power to retaine so manie peeces of it in a cup of wine For the King of Aegypt being deceiued of his Goldsmith in the making of two Diademes or Crownes of Gold whereof the one contained much Siluer was desirous to know the falshood without breaking of them Archymedes triall Sixteen pound of Siluer did spil thirtie and six and sixteen of Gold did Spill but twentie and the Crowne twentie and foure so it was 13 〈◊〉 Siluer and 4 li. of Gold whereupon Archymedes caused two vessels to be made of one equall bignesse with receiuers vnder them and caused them to be filled brim full with water and therein he did put these two Crownes a sunder and gathered vp the water verie circumspectly whereof one of the vessels dâ—d spill more than the other according vnto which by Arithmeticall proportion grounded vpon the Geometricall obseruation he found out the difference betwene the quantitie and weâ—ght of the two waters and consequently how much Siluer there was put in in one of the Crownes in the hew of Gold which if they had beene both falsified he could neuer haue found it for the difference came to be knowne by the bulk or bignesse which caused the more spilling and the matter was visible in some measure For I haue obserued by my Instrument made for proportions Proportion of voâ—ume 〈◊〉 Gold Siluer and Copper That the difference in bulke betweene Gold and Siluer is as fiue to nine and betweene Siluer and Copper as eleuen to thirteene that the bodie of Copper is bigger than Siluer Lead to Siluer as from fifteene to foureteene Tin is lighter than Siluer and doth differ from it as nine to thirteene and from the Gold as seuen to eighteen Yron differeth from Siluer as foure to three and from the Gold as six to nine the bodie of gold is lesser Quicksiluer commeth neerer and doth differ as three to foure But to resolue the question we must note the diuersitie of the intentions which were meere contraries for the one had an intention to spill and the other to keepe it from spilling whereas also between the operation of wine and water there may be a difference in this triall Thus much concerning the nature and qualitie of fine Gold wherunto Lead commeth neerest for ponderositie of weight bignesse of volume and deafenesse of sound as fittest for protection The nature and qualitie of Siluer is like vnto the Moone The qualitie of Siluer that is cold and moist the Sulphure of it white and corrupt and falling away as you may see by drawing lines vpon a paper Betweene the Planets Sol and Luna you haue Venus the Planet of Copper to allay the same although Mercurie bee betweene them which being fixed ioyneth with any mettall Copper doth harden the Siluer and yet as the weaker of the two is soonest corrupted and consumed for it is in mettals according to the Prouerbe The weakest goeth to the wall and the Allay of Copper is done for the preseruation of Siluer The first moneys Sicle is halfe an ounce of Siluer or the Sicles of the Hebrewes was pure siluer weighing halfe an ounce which was deliuered by weight and cannot properly be called money for there was no print vpon it and being allayed with Copper it hath a smel The qualitie of Copper for the Sulphure and Antimonie of Copper being red and corrupt hath a strong smell which may by heating it be sooner discerned by rubbing and howsoeuer there are many blanchers for Copper the best of them all in time will appeare in his colour being not throughly fixed The nature of Copper is also cold and moist and being commixed and augmented with the Calamine stone and lead maketh the yellow brasse Yellow Brasse and increaseth the volume from eleuen to fifteene whereas as wee haue said before betweene Siluer and Copper it is but eleuen to thirteene which causeth the counterfeiters to be encouraged notwithstanding the smell and rednes of the colour Allay of Gold therefore in the allay of crowne Gold the Mint-masters in Fraunce and England do take halfe Siluer and halfe Copper which maketh the higher colour of Gold But in the Low-countries and Germany they take three parts Siluer and one part Copper which maketh the difference betweene the colour of their crowne and ours and is the reason that our Gold will sooner weare away than theirs We haue alreadie declared the true deriuation of moneys called by the Romanes Pecunia of Pecus pecudis not Pecus pecoris for they coyning first Copper moneys and as it should seeme the wealth of man consisting most in cattell as in the time of Iob caused Oxen Sheepe and the like cattell to bee stamped vpon their coynes of meere Copper whereof their Exchequer was called Aerarium Proportion which was betweene Siluer and Copper being then in greater estimation for the proportion or value in the time of Numa Pompilius was ten of Copper to one of Siluer and ten of Siluer to one of Gold which now by the aboundance of Copper is much altered notwithstanding the Copper moneys vsed in all countries in some reasonable measure But in Spaine being as it were vnto vs the fountaine of Siluer and Gold there it is vsed immoderately Copper moneys of Spaine and Portugall for they haue
occasion to aske him Triall of the Pixe whether the last and supreme triall of the moneys which was made commonly once a yeare before the Lords at the Star-chamber was done in like manner And he answered me it was and withall he desired me to resolue the question betweene the Warden and the Mint-master concerning the two pennie weight of siluer hid from report as it is supposed according to our former conference I told him that according to the issue ioyned between him and me that the Mint-master had not pocketted vp any such two pennie weight of siluer as his account was charged withall I would make that plaine by demonstration which he said was his desire whereupon I framed my answere as followeth Foure Assayes of bullion and money I make no doubt sir but you haue marked my obseruations of the foure seuerall Assayes made concerning bullion and money namely the first of the Ingot before melting the second of the pot Assay after melting the third of the moneys compleate made thereof and the fourth and supreme triall of moneys at the Star-chamber as it were before the King and his Councell all which being done in manner alike you haue from time to time told me that their operation or effect was also alike for the triall of the Ingot there the copple had drunke in two pennie weight of siluer for the Pot Assay there two pennie weight was drunke in also the Assay made of the compleat moneys hath drunke in the like two pennie weight and last of all the highest triall of all hath drunke in the like two pennie weight of siluer how can it then be pocketted vp by the Mint-master when it was in the bullion remaining in the pot found in the moneys and confirmed to be so by the supremest trial and why should the Mint-Masters account bee charged either with an imaginarie or substantiall thing which he neuer had or inioyed A Tacite Resolution To this the Assay-master answering rather by signes than words said It was otherwise taken and vnderstood and himselfe tooke now better notice of it and wished that Truth might preuaile according to the saying Magna est veritas praeualet praeualuit praeualebit and so ended our supposed discourse Now let vs come to the mysteries of the Mints beyond the seas to recompence them that might take offence for discussing the premisses and let vs be like Nathaniel in whom there was no guile Qui vadit planè vadit sanè howbeit discretion is requisite The assayes beyond the seas are most made according to the proportion of the marke which is eight ounces Troy and they take twentie graines to make their assayes by which is correspondent with our fifteene graines Thirtie two grains beyond the seas is more than 24 grains with vs. for they diuide their English or penny weight in thirtie two Ases or graines which from twentie foure vnto thirtie two differeth one third part so is fifteene vnto twentie also a third part For this marke weight of eight ounces is twofold the one is called English weight and the other French weight in the Low Countreys But the English weight is most vsed which is diuided into eight ounces euery ounce twentie English or penny weight English marke and euery English thirtie two graines as aforesaid is 5120 graines to the marke This marke and one halfe maketh within a little our twelue ounces Troy for the pound weight being in graines 7680. The French weight called penny weight is also eight ounces French marke euery ounce foure and twentie penny weight and euery penny weight twentie foure graines is 6912 graines for the twelue ounces or 4608 graines for the eight ounces These graines are also diuided in twentie foure Garobes or Primes and the Primes in twentie foure Seconds and the Seconds in 24 Tercies or Malloquen which is superfluous notwithstanding all the said weights and diuisions to make assayes they vse another weight Assay weight which euery man maketh according to his fancie but most commonly they will diuide the marke in twelue deniers or pence and the penny into twentie foure graines and then graines subdiuided of paper making ⅛ 1 10 and 1 32 part of a graine which concurreth neerest with our assay weight for if one pound of siluer doe containe 1 12 part copper they call this eleuen deniers fine as we say eleuen ounces fine For the gold likewise they doe vse the same weight accounting for euery denier or penny weight two carrats so twentie foure carrats for twelue deniers or ounces and consequently eleuen deniers is twentie two carrats c. So the gold marke is twentie foure carrats Gold marke Siluer marke a carrat is twelue graines so 288 in the marke So the siluer marke of twelue deniers of twentie foure graines are 288 graines also which are bigger graines diuided into foure Primes or Siliquas is 1152. They vse also a manner of speech to say Twelue shillings to the marke pound Marke pound euerie shilling twelue pence and euery penny twentie foure graines is 3456 graines in the marke all which is done to make the knowledge of these things intricate In like manner for the sheiring of their moneys Sheire monies they will for euery peece make a penny as if there be made seuentie eight peeces out of a marke they will say it ☞ holdeth sixe shillings and sixe pence in the sheire or for 62 peeces fiue shillings two pence and so obscure things to take aduantage vpon others For the Mint-masters of the Low Countreys and Germanie are verie experienced in Mint matters and the assayes being made vpon the graines may deceiue much if by triall the calculation be not rightly made and if the said Mint-masters were not subtile yet the Generalls which follow the Prince or State doe nothing else but studie these things alwaies therefore let vs obserue more particulars of their proceedings as followeth In the making of coynes of gold and siluer they will vse many times to make peeces of fine gold and courser gold as the Emperiall Royall and the halfe Royall the one twentie three carrats 3 ½ grains and the other but eighteene carrats or the Flanders Crowne of 22 carrats In Germanie the ducat and the gold guildren which for workes being mixed are seruiceable admitting by conniuence the melting of the moneys rather than for want of it Bullion should not be brought to their Mints therefore they also take little for the coynage because it should sooner come vnto them than vnto other Minters where the coynage or seignoriage is great and albeit the same bee but small yet will they find meanes to make other Princes to pay the same Moneys made for transportation and cause moneys to be made for transportation especially for the East countreys to buy corne to bring the same vnto their Magazins whereby trade is increased and Spaine and Portugall supplieth the same by suffering moneys to bee
What 36 carrats fine is and that one Marke and a halfe are taken to the pound of 12 ounces they haue done the like for finesse and vnaduisedly termed gold thirtie and six carrats fine which is exorbitant of the generall obseruation Touching the seuerall standards of money in other countries as you may see by the contents of the said declaration whereby a man shall many times receiue coynes of aboue twentie standards in one hundreth pounds it is the onely fallacie in exchange that can bee whereby no merchant is able to know whether hee haue the true value of the summe to be paied him but he is carried with the streame of valuation and tolleration of money to goe currant as in the next Chapter shall be declared and all men commonly haue a regard to the great moneys vsed in euerie countrie making account that other smaller moneys haue their true valuation thereafter As the Philip Dollers of ten ounces fine Standards of forreine coyne and 7 9 04 peeces to the Marke The Holland Dollers of nine ounces fine and 8 8 9 peeces in the Marke The Spanish Royall of eleuen ounces foure pennie weight and nine peeces the Marke The Gueldres and Frizeland Dollers of ten ounces foure pennie weight and 9 ◠2 peeces The Shillings of Zeland of sixe ounces fine and thirtie and eight peeces the Marke The Golden Royall of twentie and three carrats 3 ½ graines fine and fortie and six peeces the Marke The French Crowne of twentie and two carrats fine and seuentie and two peeces in the Marke The golden Rider of the States of twentie and two carrats and twentie and foure in the Marke The Albertins or Ducats of Albertus of twentie and three carrats 3 ½ graines fine and being seuentie peeces in the Marke or thirtie and fiue double peeces And their daily new coynes which they make of seuerall standards which requireth a vigilant eye but we haue shunned industrie and labour which is the cause that contrarie to my first intention I abreuiate some things A Declaration of the coynes of gold concerning their finesse and number of peeces in the pound weight of twelue ounces Troy euerie ounce containing twentie pennie weight and euerie pennie weight twentie and foure graines in weight and in finesse twentie and foure carrats and euerie carrat foure graines calculated for the forreine coyne vpon the marke weight of eight ounces euerie ounce twentie English and euerie English thirtie and two azes for the pound weight and in finesse twentie and foure carrats and euerie carrat twelue graines vnnecessarie fractions omitted THe imperiall Royall of gold alwaies accounted equall with the English Angell in finesse and in weight but a little differing of twentie and three carrats three graines ½ and sixtie and nine peeces weighing twelue ounces Troy The halfe Royall is but eighteene carrats in finesse and 105 ⅓ peeces to the pound weight The Carolus Guildren being ⅔ parts of it but foureteene carrats fine and 126 peeces The Rose Noble of England twentie and three carrats 3 ¾ graines fine and 46 ¾ peeces to the pound The double Royall of Austria of twentie and three carrats 3 ½ graines fine and 24 ¾ peeces to the pound The Nobles of Holland Vtrech and Ouerrysel twentie and three carrats three graines and fortie and eight peeces The gold Guildren of eighteene carrats three graines scarce in finesse and 112 ½ peeces The halfe Noble or Hungarie Ducat twentie and three carrats 3 ⅙ graines fine and 113 ½ peeces The Bishops ducat fine twentie and three carrats ½ and 105 peeces to the pound weight The Ducats of Italie Venice Turkie and Rome twentie and three carrats three graines and 106 ½ peeces other Italian ducats and the ducats of Guelders twentie and three carrats one graine and 106 ½ peeces The Angell of England of Queene Elizabeth twentie and three carrats 3 ½ graines and seuentie two peeces The Soueraigne of the said Queene twentie and two carrats fine and sixtie peeces to the pound The old Soueraignes of more weight twentie and two carrats fine and 54 ¾ peeces The halfe Soueraigne fine but twentie carrats and 120 peeces to the pound The Angell with the O. is but 23 carrats fine and 72 scarce to the pound The Angell with three Lions 22 carrat fine and 76 peeces to the pound weight The halfe Noble with the Lions and the Noble of Bridges 23 carrats and 88 ½ peeces The Andrew Guilder fine eighteene carrats three graines and one graine some peeces 108. The Gulielmus Gilder fine eighteene carrats one graine and 108 peeces to the pound The Gold Guilder of the States twentie carrats fine and 120 ¾ peeces to the pound The Golden Fleece or Toyson d' or 23 carrats three graines ¼ and 81 ⅙ peeces The Phillips Guildren fine fifteene carrats three graines and 111 peeces to the pound The Ioannes Guildren fine sixteene carrats and 109 ½ peeces to the pound The Nobles of Gaunt and Zealand twentie three carrats fine and fiftie foure peeces The halfe Imperiall Crowne twentie two carrats 1 ½ graines and 107 ½ peeces The Henricus Noble of England twentie three carrats 3 ½ graines and 53 ¾ peeces The old English Crowne somewhat better than twentie two carrats fine and 100 ½ peeces The Henry Noble of France twentie two carrats fine and fiftie one peeces to the pound The halfe Henry Noble fine twentie two carrats 2 ½ graines and 108 peeces to the pound The Floret Crowne of France twentie three carrats 3 graines and 100 ½ peeces The Charles French Crowne twentie three carrats three graines fine and 100 ½ peeces The Floret of France standing twentie two carrats and 100 ½ peeces to the pound The old Golden Lion of Flanders twentie three carrats three graines and 79 ¾ peeces The ducat of Castile twentie three carrats three graines fine and 79 ¾ peeces likewise The Spanish ducat 23 carrats two graines fine and 105 peeces to the pound The Holland ducat twentie three carrats two grains fine and 105 peeces likewise The double ducat of Zealand twentie three carrats ½ fine and 52 ½ peeces to the pound The ducats of Nauarre Majorca and others twentie three carrats one graine and 52 ½ peeces The Spanish Pistolets twentie two carrats fine and 108 peeces to the pound The Milreys ducat of Portugall twentie two carrats one graine fine and fortie eight peeces to the pound The Contrefait Milreys is but twentie one carrat fine and likewise fortie eight peeces The Emanuel ducat of Portugall twentie three carrats 3 graines and 105 peeces to the pound The Emanuel great Crusate of Portugall twentie three carrats three graines and 10 ½ peeces The Ioannes great Crusate is but twentie two carrats three graines fine and 10 ½ peeces The ducat with the short Crosse of Portugall twentie two carrats three graines and 105 peeces The ducat with the long Crosse twentie two carrats one graine fine and likewise 105 peeces The ducat with the long Crosse
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
neuerthelesse to accommodate and for remarkeable reasons Wee haue condescended and tollerate that the following species of Gold onely and none other shall bee issued and receiued for the prices hereafter vntill the last of September now next ensuing 42 Prouided alwayes That all sentences pronounced before the date of these presents for the payment of any moneys according to the permission of that time shall remaine and be maintained and satisfied according to the tenor thereof without that by the said valuation or following tolleration any thing to the contrarie shall be innouated or abolished 43 Also during the said tolleration no coynes to bee payed for lands or heritages or rents vpon Bills or paiments vpon Obligations vntill Ianuarie last shall bee drawne against the will of the partie to the said prices of tolleration but are to be performed according to this present valuation 44 Likewise the said Bankes of Exchanges shall haue no power to take in payment the said coynes at higher prices nor to issue the same otherwise than the said finall valuation and not according to the following tolleration which as vnnecessarie are here omitted the time being expired Obseruations concerning the said Proclamation and Ordinance THat the manner of popular gouernments in their Proclamations Placcarts Edicts and Ordinances doth much differ from the Proclamations which are made in Monarchies where Magistrates and Iudges are of greater reputation and dignitie according to their royall Parlements That in the yeare 1594 all mints stood still for one whole yeare to preuent the inhauncing of coyne betweene man and man and the said States did declare that it was not in their power to reforme the same so long as the seuenteen Netherlands were diuided euery one claiming as absolute authority as the other as members of one bodie And that now they haue deuised a course to make their Proclamations effectuall within the vnited Prouinces to their great benefit if we will consider the nature of the former valuation of coynes made by Princes and Merchants with their seuerall branches which by policie are made inconstant And Germanie Fraunce and other countries haue not as yet taken any course in their moneys answerable thereunto That the Lyon Doller and the great golden Royal of the said vnited Prouinces are valued and made the standard peeces of all the gold and siluer coynes made currant by this Proclamation And that all other coynes of what Kingdomes or States soeuer are made bullion and not to be currant within the said Prouinces That siluer coynes shall be weighed as well as the gold whereby a more certaintie may be made in the calculation of the Par for exchanges the rather for that their species are far lesse in number and the proportion betweene gold and siluer can be better descerned yet without the rule of exchanges by bills stil great aduantages may be taken by one nation against another That the scope of this Proclamation is to set their Mints on worke by abolishing all the seuerall coynes of gold and siluer of all kingdomes not valued or made currant thereby The coyning of moneys is a marke of soueraignâ—tie so that the melting of money is a great matter of state which may be seene by the former declarations of their weight and finesse in so much that whereas in the yere 1586 when the Earle of Leycester went ouer to take the gouernments of those countries by the direction of the late Queene Elizabeth of blessed memorie the Lyon Doller made now to be the standard peece was valued at thirtie six stiuers and the English shilling which is now required to be deliuered by weight was valued at ten stiuers Decreed foure vpon the hundred And now the said Lyon Doller albeit decreed after the former inhancement is still valued at fortie stiuers which is one ninth part increased according to which the English shilling ought to be increased also 1 9 part which for 10 stiuers would be 11 stiuers and 1 9 part whereas the same is inhanced but to ten stiuers one halfe and no more The difference in exchange according to the valuation being in the one after the rate of 35 of their shillings for our 20 shillings and in the other aboue 37 shillings in the maine standard coyne and much more in the smaller coynes whereof more hereafter concerning Exchanges The like consideration is to be had for the valuation of moneys of other countries whereby authoritie will rule their owne and not according to the rule of other Nations but by equalitie and equitie which no Nâ—tion can controll or contradict Wherein consider we likewise the standard peeces of the late Arch-Duke Albertus of Austria for the vnited Prouinces declared by their Proclamation in the yeare 1611 and we shall find the like ground and foundation to their aduantage albeit they seeme to find fault with the disorderly course of moneys which is one of the greatest policies in State affaires The said Arch-Duke made as now the States haue done his owne coynes of Gold and Siluer for standard peeces Moderne and ancient standards oâ— gold and siluer namely the double Ducat of 23 carrats 3 ½ graines of Gold at seuen Guilders and eighteene Stiuers and the peeces of three Royalls at fifteene Stiuers of tenne ounces and eighteene graines fine by their calculation in the pound weight Troy And by these meanes there is a new foundation laid downe for moneys in the said seuenteene Low Prouinces where heretofore they alwayes had the Phillip Doller of tenne ounces fine and the Emperors Royall of gold of 23 carrats 3 ½ graines fine for their standard peeces Qui vadit plane vadit sane taketh not alwaies place Lastly that the Mints of certaine Lords are called Hedge Mints which are not vnder their commaund Hedge Mints as Batenborg Heall Bargen Vianen Gronswelt Rechein Geuarden Stenwart and others may follow their own course in the coyning of moneys and by the means of commerce alter all these ordinances For in the said yere of 1586 all the said forfeitures and penalties were far greater and the melting downe of Queene Elizabeth her coyne was prohibited vpon paine of death and goods yet all was neglected and came into disorder by the commaund of Gaine which being taken away by a true course of exchange is the only remedie to make the effects to cease and all other meanes are fallacies and to be abused c. * dtridot CHAP. X. Of the Lawes and Prohibitions against Vsurie MAny are the authors which haue written against Vsurie in all ages euerie man according to his profession most especially the Diuines who haue the word of God for their warrant wherein also the auncient Fathers haue been verie strict to construe the same accordingly Definition of Vsurie making any thing taken aboue the principall to be Vsurie because the verie word of Vsurie in the Hebrew tongue is called a Biting of this word Neshech which is nothing else but a kind of biting as
a regard to the qualitie of persons was duely obserued albeit the lender of the money could haue taken more when the borrower would giue it to serue his occasions without this precise obseruation of the qualitie of persons A matter considerable now adayes since the West-Indies haue beene discouered whereby the currant of moneys is diuided into many countreys and runneth also according to occasions and the Policie of States and Merchants Difference of the rate of Vsurie For the tolleration and permission to deliuer money at Interest doth differ in the rate in most countreys taking in one place more and in another lesse according to the trafficke and Merchants deuises A Policie by plentie of money In Poland Lituania Prussia and other countries adiacent when they do abound in corne money is commonly verie scarce and the price of corne thereby much abated at which time they will rather tollerate or proclaime the moneys to be inhanced in price or to be deliuered at interest after fifteene twentie and sometimes twentie and fiue vpon the hundreth for a yeare or a lesser time hereupon presently great store of money commeth from all places thither which maketh the price of money to rise Afterwards when many ships are laden and the fleet departed from Amsterdam and other places then the interest beginneth to fall accordingly In the Low-countries it is lawfull for a Merchant to take twelue vpon the hundreth for the yeare and after the rate for the longer or shorter time within the yeare But this rate may not be exceeded vnlesse it be vpon some conditions of casualties or aduenture The Romanes and Grecians made a difference as hath beene noted according to the law of Iustinian But the taking of one in the moneth was most vsuall because Merchants were the most lenders And this twelue pro centum is to be vnderstood also to be Interest vpon Interest wherein equitie is to be obserued Interest vpon Interest for this twelue pounds being deliuered out againe vnto another is pro rata as beneficiall as the 100 ll principall Albeit in case of damage when matters between men are growne litigious and depending in suits then the courts of Equitie will account the whole time for the forbearance of the money according to the yeres past without any Interest vpon Interest Polititians or states-men are to haue a serious consideration of the operation of this Vsurie politicke Vsurie a measure of mens actions as a propertie inherent vnto money because that according to the rate of Vsurie men do measure all their actions by trade and trafficke or purchase build plant and bargaine in all things accordingly And vsurie is so inherent and doth properly grow with the decay of trafficke The decay of trade increaseth Vsurie as pasturage doth increase with the decrease of tilling Whereupon the following considerations are to be handled as matters of moment especially in kingdomes and common-weales which haue no gold or siluer mines of great value but aboundance of forreine commodities returned for the great plentie and quantitie of their home commodities wherein the high continuall rate of Vsurie may proue more preiudiciall than the abouesaid policie of Poland Lituania or other countries can be beneficiall vnto them For we see that generally all Merchants when they haue gotten any great wealth with vs leaue trading and fall to Vsurie the gaine whereof is easie certaine and great whereas in other countries Merchants continue from generation to generation to inrich themselues and the state as we find diuers renowned families in Germanie Italie Spaine and other countries There was this last yeare a Tract against Vsurie presented to the high Court of Parliament of England Anno 1621. shewing the inconuenience of the high rate of Vsurie after tenne in the hundreth in comparison of the lesser rate of sixe in the hundreth taken in the Low-countries where money is so plentifull and vpon this difference is a certaine operation of Vsurie noted to be predominant ouer vs both in our trade and other affaires First it is alledged that by reason of the high rate of Vsurie Reasons against the high rates of Vsurie not onely rich trades-men giue ouer trade but a number of beginners are vndone and discouraged thereby their industrie seruing but to inrich others and begger themselues Secondly that many trades thēselues are decayed thereby because they cannot affoord so great a gaine as ten in the hundreth whereas if the rate of Vsurie were no higher than in other countries they had subsisted and flourished still and perhaps with as much aduantage to the publicke as those that do bring more to the priuate aduentures which ought to go together or else the common good of the State is seldome greatly aduanced Thirdly that by this disaduantage betweene six and ten in the hundreth other nations and especially our industrious neighbours do out trade and vndersell vs for they almost double the vse allowed which we cannot by paying ten in the hundreth wherby also all contributions to the war works of pietie and glorie of State are better cheape to them than to vs as also the buildings of ships or hiring of them and all other things Fourthly that aboue all the rest it maketh the land it selfe of smal value causing the same to be sold so good cheape that men doe not seeke by industrie any more to improue them which is plaine both by example and demonstration For we see in other countries where the vse of money is at a low rate lands are generally sold for thirtie fortie and some for fiftie yeares purchase being the best assurance and securest inheritance which men haue and therefore bearing still a rate aboue money which would increase if the rate of Vsurie did decrease and consequently labourers wages and other dependances thereupon which are therein more amplie declared the scope of all tending to haue a moderation in the price of Vsurie Obiections to the moderation of the rate of Vsurie Hereunto are certaine obiections also alledged and their answeres to maintaine the rate of Vsurie at ten in the hundreth with vs in England albeit other nations take but foure fiue and six in the hundreth or 6 ¼ which is called rent after the pennie sixteene for sixe times sixteene and one fourth maketh a hundreth after the manner of the Low-countries The obiections are few in number First The long continuance of ten in the hundreth and things are well enough Secondly That sodaine changes are dangerous Thirdly That money will sodenly be called in and the borrowers be much preiudiced Fourthly That money will be harder to come by and commerce much hindered And lastly That Merchant Strangers money now going here at vse will be carried away againe if the rate of Vsurie should be called downe Answere to the obiections The answere to the first and second obiection is That the practise of Vsurie hath not beene so generally vsed as it is now when mens
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
North Starre Some Merchants are so farre wide from the knowledge of the value of coynes and the Exchanges made thereupon that they are of opinion That there can be no certaine Rate or Par of Exchange set to answere iustly the value of the coynes of forraine parts by reason of the diuersitie and disproportion of the coynes of Gold and Siluer and their intrinsicall and extrinsicall values But these Merchants are to vnderstand that the moneys of all Countreys haue a proportionable valuation relatiue within themselues according to their seuerall standards for weight and finenesse onely the smaller and baser coyne haue some little knowne aduantage which may bee considered of in Exchange Proportionable valuation of moneyes for Exchanges to be made accordingly if there bee cause that the quantitie of those moneys doe exceed the bigger and finer coyne This consideration hath beene had heretofore and especially in the Par agreed vpon between the Low-countreys and this Realme in the yeare 1575 when vpon the Philip Doller the Exchange was at twentie fiue shillings the Par and the small moneys would exceed twentie seuen shillings and vpwards but the quantitie did not surmount the better coyne The like was vpon the Par agreed vpon with the States of the vnited Prouinces Anno 1586 at thirtie three shillings foure pence and with Hamborough and Stoade to twentie foure shillings nine pence Lubish vpon the Rickes Doller of thirtie three shillings or nine markes foure shillings for our pound sterling of twentie shillings making foure Dollers and one halfe to answere the said Par which Doller is inhanced since to fiftie foure shillings and were receiue now but foure Dollers for the same and so for other places accordingly CHAP. III. Of the Denomination of the Imaginarie Moneys of all Places whereupon Exchanges are made by Bills THE Denomination of moneys which wee call Imaginarie is because there is not any peculiar or proper money to be found in Specie wherevpon the Exchanges are grounded as it was in times past in many places where some moneys were the cause to ground the price of Exchange vpon as our Angell Noble being coyned for sixe shillings and eight pence sterling whereupon Exchanges haue beene made as now is done vpon twentie shillings and so might the new peeces of our Soueraigne King Iames Laureat be taken But it is more proper to make Exchanges vpon the siluer coynes for the price of commodities is most ruled thereby in all places which by the quantitie is fiue hundreth to one Hence did proceed the cause that when our Gold in the yeare 1611 The price of Gold not so effectuall as the price of Siluer was aduanced ten in the hundreth aboue the Siluer the prices of commodities did not rise albeit forraine Nations did cause the price of Exchange to fall But if Siluer were inhanced presently the price of commodities would follow as the rule thereof and the price of Exchange would fall more for Exchange will ouerrule both In like manner do we call the moneys of other Countreys wherevpon Exchanges are made to be Imaginarie as the Dollers in Germanie the Crownes in France the Ducats in Italy and other places which by the great diuersitie you may vnderstand as followeth together with The Calculations of Merchants Accounts whereupon their Bookes of Account are kept according to their Imaginarie Moneys Pound Flemish IN Flanders Brabant and most places of the Low-countreys they keepe their Bookes of Account and Reckonings by twentie shillings Flemish euerie shilling twelue deniers or pence which shilling is six styuers In Artois Henalt Pound Tournois and other places by pounds tournois of twentie stiuers or fortie pence Flemish whereof six called guildren or florins make the pound Flemish in all the seuenteene prouinces of the Netherlands Some do reckon by pounds Parasis which are but twentie pence Pound Parasis whereof twelue make the pound Flemish but their accounts as also the reckonings of their Prince or Finances are kept by pounds Tournois which pound they diuide into twentie shillings euery shilling into twelue pence and the like is done by the pound Parasis and these haue also their subdiuisions of Obulus Maille Heller Hallinck Corte Mites Point engeuin Poot and such like copper moneys too tedious to rehearse In Germanie in the yeare 1520 Gold guilder was the gold guilder coyned for a generall coyne and valued in Holland for twentie eight stiuers which is now in specie at double the price neuerthelesse they do continue to buy and sel all that great quantitie of corne which is brought from the East countries Poland and other places by the said gold guilder of twentie eight stiuers Their doller was coyned at sixtie fiue Creutzers since risen to seuentie two Creutzers Creutzers yet their Exchange is made vpon the doller of sixtie fiue Creutzers which is imaginarie At Augusta the Exchange is made vpon the said doller of sixtie fiue Creutzers at three weeks or foureteene daies sight after the bill presented At Frankford they reckon by the guilder of sixtie Creutzers Florins of 60 Creutzers called in Latine Crucigeri being peeces with a Crosse they are Florins and their Exchange is made vpon the doller of sixtie fiue Creutzers payable in the two yearely Faires or Marts the one the weeke before Easter and the other in the beginning of September to continue for all the moneth At Norenborough their Exchang◠〈◊〉 made vpon the said doller of sixtie fiue Creutzers and many times vpon the Florin of sixtie Creutzers which they also diuide into twentie shillings and euerie shilling twelue pence to keepe their accounts by For Bohemia Bohemicos Exchanges are made vpon the doller of twentie and foure Bohemicos At Vienna they reckon by guilders or florins of eight shillings of thirtie pence to the shilling two Heller to the penie and Exchange is made thereupon At Bauiera by guilders of seuen shillings of thirtie pence Diuers guilders for Exchanges and Accounts In Hungarie by guilders of ten shillings of thirtie pence and by florins of twentie shillings and twelue pence to the shilling and Exchanges are made vpon their ducat At Breslo and Leypsich they reckon by markes of thirtie and two grosses of twelue heller to the grosse Markes of 32 grosses and they Exchange by thirtie florins Breslowes to haue at Vienna thirtie and foure florins or at Norenborough thirtie and two florins Pounds of 20 shillings 12 hellers c. At Vlme they reckon by pounds of twentie shillings and twelue heller to the shilling and their Exchange is is made vpon the doller of sixtie creutzers At Colloigne by dollers of seuentie two creutzers for Accounts and Exchanges Pound sterling At Embden they reckon by guilders and Exchange vpon the rickx doller but from London thither and hither vpon the pound sterling of twentie shillings Markes of 16 shillings At Hamborough they account by markes of sixteene shillings
to be inuectiue and patheticall against Bankers wherein they are not mistaken Bankes are incompatible in Common-weales For the vse of Banke vnlesse they bee countermined by other Bankes are not to bee suffered in any well ordered Common-wealth as time will manifest more and more The French King Lewis the ninth and Philip the Faire did with great cause confiscate the Bankers goods and for the discouerie of their debts ordered their subiects to pay onely the principall money into their Treasuries Philip de valois did the like and indited them as Couseners of the Common-wealth for it was found that in a short time Bodin de Rep. with twentie foure thousand pounds sterling they had accumulated and gotten aboue two millions foure hundreth thousand pounds Others which through enuie malice or other passions haue the eyes of their iudgement blinded haue censured my writing to be Apologeticall for the erection of a Banke vnder the colour of the restauration of the auncient Office of the Kings Exchanger which how absurd it is let the wise iudge by the difference betweene a Banker and a Generall Exchanger Difference between Banker and Exchange The Banker doth draw vnto him all the moneys of other men making his small stocke to be infinite and the Exchanger must with his owne stocke supply mens occasions The Banker doth make the price of Exchanges with the correspondence of other Bankes elsewhere at his pleasure and most aduantage The Exchanger hath no correspondence with other Bankers but with his Factors and Seruants is limited to deale honestly with all men But because it is difficult to please mens humours in the reformation of abuses which either for gaine some would haue to continue or others through ignorance doth not vnderstand Therfore is there another meanes propounded as you see by this discourse Now comming to the Feats of Bankers it is not since yeasterday that the same haue beene obserued much lesse by mee inuented but in the yeare 1576 the wise and famous Councell of Queene Elizabeth caused the same to be examined by discreet persons who did make report thereof albeit they missed of the remedie and they did distinguish the manner of Exchange to be threefold viz. For the Bankers priuate gaine and benefit TO lay their money with gaine in any place of the world where any Exchange lyeth To gaine and waxe rich and neuer meddle with any Princes commodities To buy any Princes commoditie and neuer bring pennie or pennieworth into the Realme but doe it with the subiects money To grow rich and liue without aduenture at the Seas or trauaile To doe great feats hauing credit and yet to be nought worth To vnderstand whether in coniecture their money imployed on Exchange or buying of wares will be more profit To know certainely whether and what the Merchants gaine vpon their wares they sell and buy To liue and increase vpon euerie Princes subiects that continually take vp money by Exchange and whether they gaine or no. ☞ To wind out euerie Princes treasure out of his Realme whose subiects bring in more wares than they carrie out of the Realme To make the Staple of money run thither where the rich Prince will haue it to be brought and pay for it To vnfurnish the poore Prince of his prouision of money that keepes his wares vpon interest money if the enimie will seeke it To furnish their need of money that tarrie the selling of their wares in any contract vntill they make them come to their price To take vp money to engrosse any commoditie either new come or whereof they haue some store to bring the whole trade of that commoditie into their owne hands to sell both at their pleasure For the aduancing of one Common-wealth aboue all other Common-weales TO hide their carrying away of any Princes money To fetch away any Princes fine money with his owne or any other Princes base money To take vp Princes base money and to turne into his fine money and to pay the deliuerer with his owne and gaine too To get vpon credit into their hands for a time all the Merchants money that will be deliuered and pay them with their owne and gaine too ☞ To make the Realme gaine of all other Realmes whose subiects liue most by their owne commodities and sell yearely the ouerplus into the world and both occupie that increase yearely and also their old store of treasure vpon Exchange To vndoe Realmes and Princes that looke not to their Common-wealth 〈◊〉 when the Merchants wealth in such and the great houses of one Countrey conspire together so to rule the â—xchange that when they will be deliuerers they will receiue in another place aboue the standard of the Mint of the Princes money deliuered And when they will bee takers they will pay the same in another place vnder the standard of the Mint of the Princes money taken vp To get readie money to buy any thing that is offered cheape To compasse readie money to get any offered bargaine out of anothers hands and so by outbidding the other oftentimes to raise the wares For the destruction of a Common-wealth TO get a part and sometimes all his gaines that imployeth money taken vp by Exchanges in wares and so make others trauell for their gaine To keepe Princes for hauing any Customes Subsidies or Taxes vpon their money as they imploy it not To value iustly any wares they carrie into any countrie by setting them at that value as the money that bought them was then at by Exchange in the countrie whither they be carried For the better explanation of the premisses let vs remember the description of a Banke heretofore declared Payments in Banke limited and therein obserue that great power and commaund which is giuen them by the common-wealth to incorporate moneys by the meanes of Exchanges making it to become a merchandise and to ouerrule the course of commodities Some men are of opinion that the price of Exchanges are made by an indifferent course because the Bankers at the time of the payments of Exchanges in the principall places as Lyons in France Madrill and other places in Spaine Florence and Genoa in Italie Bizanson and other places elsewhere haue a meeting and by certaine tickets in writing euerie man doth deliuer his opinion what the price of Exchange ought to be for all places then exchanging for the next Faire or time of payment And according to the same the calculation is cast vp by the Medium that is to say Exchanges cast vp by the Medium if there be seuen or more voices or tickets the said seuen are added together and the seuenth part is the Medium if there be ten then the same being cast vp the tenth part is the Medium and so for greater or lesser numbers accordingly But these men are ignorant of the Bankers obseruations for they all know how the plentie of money lyeth by Exchanges and they concur in making
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
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
in but onely the bringing in of more commodities into the Realme than they carried out The vnderualuation of our moneys causeth no more commodities to be brought into the Realme than is carried out The maintenance of Free Trade Ergo The vnderualuation of our moneys causeth not more money to be carried out of the Realme than is brought in as is declared in our last Treatise to hinder the inhauncing of our moneys which by the Treatise of free Trade lately published was insisted vpon We do also find that in the yeare 1577 Monsieur Garrault one of the French Kings Councell did exhibit two Paradoxes concerning moneys which may in regard of the former seeme more paradoxicall or strange nor only to the vulgar opinion but also to the iudgement of the wiser The first is an assertion That moneys haue not changed their values The other That by the inhancing of the coine or the price of moneys To other Paradoxes the price of commodities becommeth abated and good cheape and that by the reduction and abatement of moneys euerie thing becommeth deerer And for as much saieth he that the matter of money is full of probleames and may be disputed on both parts his desire is that some gentle spirit might be stirred vp to discourse of the reasons which may be alledged Touching the first That the value of moneys is not changed omitting to speake of the Cicle of the Hebrews the Staters of the Persians and Greeks the As or Denier of the Romans he saieth That K. Lewis 11 did reduce the disorder of moneys vnto their former estate of K. saint Lewis when the Denier of gold was esteemed in weight vnto 12 deniers of siluer which is properly to be called the proportion between the gold siluer heretofore noted and hereupon he sheweth how the said proportion hath bin altered yet so that the siluer was alwaies made correspondent to the gold and when the gold either in the marke weight of 8 ounces was inhanced consequently in the peeces or coines the siluer was likewise inhanced proportionably obseruing the said 12 to 1 or sometimes thereabouts either a little ouer or vnder and this caused him to say That moneys had not changed their values it being only a comparison made betweene the gold siluer which is by weight and not by valuation to be applied vnto euery peece of coyne especially to the French crowne of the flouredeluce or sunne and the piece of siluer called Douzaine alluding to the said 11 to 1 and the application thereof vnto the price of commodities is more absurd The weight of 12 of siluer to 1 of gold maketh not the valuation of the mark weight of gold and siluer much lesse the valuation of the pieces coyned of the said marke whereby we see how one distinction is able to dispell and disperse the foggie mysteries of deceitfull fallacies as thâ— Sunne driues away the winde and the clouds heretofore by me obserued Concerning the second Paradox he saith That many are of opinion that the inhancing and augmentation of the price of moneys engendreth a deerenes of all things quia suâ— praeciarerum And that euen as pro imminutione quae in aestimatione solidi forte tractatur omnium quoque praecia rerum decrescere oportet pari ratione si quod tractatur incrementum quoque praecia rerum crescere debent Which opinion saieth he is grounded vpon the polliticke rule That the value of moneys giueth estimation vnto all things which is not ordinarily obserued for Princes and Magistrates are manie times constrained to endure the incommodities of the time by their prudence and vnderstanding so that all lawes are not obserued by consequence following each other whereby it commeth to passe that the price of wares followeth not the price of moneys but the common custome for money was made to no other end but to maintaine and continue the trade of merchandise by meanes whereof the commodities and necessaries are brought from one place to another to auoid the ancient painefull and troublesome permutation which trafficke is two-fold namely within the realme and in forreine countries within the realme the money is more commodious than necessarie but for the straunger most necessarie and therefore must be of a fine substance as Gold and Siluer to bee inclosed in a small roome to transport great matters from one place vnto another And if wee will meerely consider of this substance and effect of strange negotiation wee shall finde nothing but a masked permutation of one thing for some certaine quantitie or weight of Gold or Siluer for hee that trafficketh in forreine countries hath not such regard to the value imposed vpon money as to the intrinsique goodnes which giueth the value A good obseruation to be had by Mer-chants and hath the same function in other places according to which inward goodnesse hee setteth a price vnto his commodities to make thereof the like quantitie of Gold or Siluer as he hath laied out ouer and aboue his charges and profit so that the moneys remaining stable and firme the price of Wares and Merchandises remaineth certaine without any augmentation to shew that there is no inhauncing of the price because of the augmentation of the price of moneys which will make vs hereafter to see the good cheapenesse of all things as he saieth for he that causeth some forreine commodities to come within the realme knowing the alteration of the price of moneys according to the vnbridled will of the people will make the price of his commodities accordingly And this the said Monsieur Garrault doth declare by examples of veluets and other commodities and therefore he is of opinion that moneys inhaunced should be reduced againe to their price and that all debts made before that time should be satisfied à lequipollent according to the rate vt pecuniarum vna â—adem sit semper potestas perpetua estimatione difficultatibus permutationum aequalitate quantitatis subueniat c. The power of money transferred to the Exchange of money Many other reasons concurring with the former are by him alledged which I omit because the whole foundation of the said Paradox is meerely an abuse of the people as himselfe hath noted admitting also the transportation of money and finally confessing the inhancing of the price of moneys and consequently the sale of commodities accordingly All which is farre from the present course of trafficke when the course of exchange is not considered withall as shall be declared True it is as the Ciuilians say concerning contracts of commodities sold before the inhauncing of moneys that valor monetae considerandus inspiciendus est à tempore contractus non antem à tempore solutionis but this not being obserued was the cause that many Merchants do agree to pay for commodities in currant money for merchandise others that sell commodities agree to be paied in species of so many ducats dollers French crowns or other
of twelue ounces in weight making the sterling standard and yet my moneys made thereof shall be but tenne ounces fine In like manner I will melt downe tenne ounces of siluer and two ounces of copper and more to make a standard of tenne ounces fine and yet my moneys made thereof shall be eleuen ounces fine or sterling To vnderstand this mysterie or Paradox wee are to note that in the making of a standard of moneys three things must concurre and haue an equalitie proportioned vpon the pound weight of twelue ounces Troy namely Finenesse Allay and Weight of the peeces made out of a pound which is the ground worke of the subtile assay according to which all Assaymasters make their calculation by the marke of eight ounces or the pound of twelue ounces making one marke and one halfe Suppose now that as in ancient time of King Edward the third one pound weight being diuided into twelue ounces euerie ounce was diuided into twentie peeces or is now diuided into sixtie peeces or three pound making sixtie shillings which then made but twentie and that these twentie peeces or sixtie shillings were diminished by the sheyre and there is made twentie two peeces in regard of the twentie or sixtie six peeces in the liew of sixtie peeces which is tenne in the hundreth that the said peeces are lighter than before considering peece by peece Now an Assaymaster receiued one of these peeces to make an assay thereof in manner by vs declared in the Second Part of this Booke in the seuenth Chapter of the assayes of Bullion and Moneys and hauing weighed the same he calculateth how many of these peeces doe make or weigh one pound and hee findeth twentie two or sixtie six peeces or thereabouts because of the vneuennesse of the sheyre which being tried hee maketh report of the finenesse accordingly so that wanting in regard of the pound tenne in the hundreth by weight there must needs be wanting so much in finenes and so eleuen ounces molten downe is found to be but tenne ounces fine and in like manner c. All which in matter of exchange can be considered of and preuented as it shall please the Kings Maiestie and his Highnesse priuie Councell Ebbing and flowing of waters compared to the falling and rising of exchange The predominant Power of exchange rising and falling in price may bee compared to the ebbing and flowing of the Seas whereof no reason can be rendred albeit wee find the course thereof to concurre with the increase and decrease of the Moone which borroweth her light from the Sunne whereunto we may attribute a naturall Primum Mobile of mouing This motion is not so perceptible in the maine Ocean Seas as visible in the riuers streames and branches thereof Euen so in the seas of exchanges we are to ascribe the first motion of rising and falling in the price of exchange vnto the Bankers albeit the operation of it be not so apparant in those maine exchanges as vpon the bankes of the course of trafficke by commodities and moneys subiect to inundation in the particular exchanges of some countreys which runne into the maine ocean of exchanges as a riuer or branch of the same As this ebbing and flowing is aggrauated by accidentall causes of raine snow and the like by the alteration of weather so doth the rising and falling of exchange increase and decrease by the alteratiof State affaires betweene contending Princes according to the vse of moneys And euen as the seas are girt in by Gods commandement that they cannot ouerflow the mayne bankes of the earth so the course of the rising and falling of exchange in price may bee girt in by the Kings commandement A great consideration beyond the common capacitie of men that it shall not ouerflow the course or bankes of trafficke to the inundation of our home commodities and moneys This Simile putteth me in mind to remember the Poeticall fixion of the serpent Hidras with many heads whereof one being cut off by Hercules forthwith another did appeare alluding therein to the riuer Nilus which had many branches whereof the one being stopt in one place caused another to ouerflow in another place augmenting Hercules Labours being therein like vnskilfull Phisitians which to cure a disease doe many times cast the bodie into a more dangerous sicknesse whereas the learned Physitian will find an easie cure knowing the efficient cause of the disease without which conceited remedies are but meere shifts and extremities Aristophanus hath painted forth the agonie of an aged man altogether shipwracked by vsurie who thinking to haue found out the way to be eased of his slauerie did propound vnto Socrates this demand That if he should by the inchantment of a witch of Thessalia fetch the Moone out of heauen and bring it away and afterwards inclose it in a case of glasse and so keepe it as if hee would keepe a flye in a boxe Socrates demanding what good that would do him he answered if the Moone doe neuer rise againe I being constrained to pay money by the new Moone shall be freed of that trouble A strange shift that this poore man was driuen vnto apprehending a shadow for a reason to plucke by violence the Moone out of heauen for his helpe for in truth the witch did her best and began to charme the Moone which when the vsuror vnderstood did put him in such a pelting chafe as was wonderfull to behold for accusing this poore man of enchantment at last hee went himselfe to another witch not onely to keepe the Moone from comming out of heauen but also to hasten the course of her faster to recouer his vsurie the sooner Good God what a trouble was the Moone put vnto betweene these two witches What stormes and tempests did arise What horrible wind did blow What great raine did fall What floods ensued euerie where So that countreys were almost drowned and vnder water in many places The morall of these Metaphores concurring with our former comparison doth not onely shew vnto vs the operation and coniunction betweene the Moone and waters but also the folly of vaine conceited remedies The propounded remedie therefore for the reformation of the abuse of exchanges is grounded vpon the rule of Equalitie and Equitie whose Antitheta are inequalitie and iniquitie which euerie man ought to suppresse Equalitie is amiable and accompanied with ease and facilitie but inequalitie is hated and associated with trouble and difficultie The difference whereof is like vnto this Geometricall Axiome in commendation of the inuention of round wheels to draw and carrie loads with a small strength Circulus tangit planum vnico puncto For if the wheeles should haue beene made square or in any other polyangle and proportion fortie horses would not so easily draw them being laden as two doth now with speed and ease what easier thing can there be than to set and command a price in exchange to be obserued according to the value
CONSVETVDO VEL LEX MERCATORIA OR The Ancient Law-Merchant Diuided into three Parts ACCORDING TO THE Essentiall Parts of Trafficke NECESSARIE FOR ALL Statesmen Iudges Magistrates Temporall and Ciuile Lawyers Mint-men Merchants Marriners and all others negotiating in all places of the World By GERARD MALYNES Merchant Salus Populi suprema Lex esto LONDON Printed by ADAM ISLIP Anno Dom. 1622. DOCTRINA PARIT VIRTVTEM TO THE MOST HIGH AND MIGHTIE MONARCH IAMES BY THE GRACE OF GOD KING OF GREAT BRITTAINE FRANCE AND IRELAND DEFENDOR OF THE FAITH Most Dread and Gratious Soueraigne THe state of Monarchie must needes be the Supreamest thing vnder the cope of Heauen when Kings are not only Gods Lieutenants vpon earth and sit vpon his throne but also are called Gods by God himselfe in regard of their Transcendent Preheminences and Prerogatiues whereby they maintaine Religion and Iustice whichare the onely true supporters and fundamentall stayes of all Kingdomes and Common-weales so naturally vnited and conjoyned that where both of them are not properly there can be neither These high Attributes cause their Lawes to be sacred and consequently religiously to be obserued whereby Iustice is administred which is Distributiue and Commutatiue The Commutatiue part includeth Traffick which is the sole peaceable instrument to inrich kingdomes and common-weales by the meanes of Equalitie and Equitie performed especially by the Law-Merchant by reason of her stabilitie For albeit that the gouernment of the said kingdomes and common-weales doth differ one from another 1 In the making of lawes and ordinances for their owne gouernment 2 In the making of War Peace or Truce with forreine nations 3 In the prouiding of money within themselues for their safegard and defence 4 In the election of chiefe officers magistrates and 5 In the manner of the administration of Iustice wherein many mutations are incident yet the Law-Merchant hath alwaies beene found semper eadem that is constant and permanent without abrogation according to her most auncient customes concurring with the law of nations in all countries Great reuerence is due vnto Lawes at all times and hath beene in all ages Solon caused the Athenians to sweare to the obseruation of his Lawes during the time of one hundreth yeares Licurgus did imbrace a voluntarie perpetuall exile to haue his lawes obserued by the Lacedemonians vntill his return intending neuer to return and the Romans did suffer their old law of twelue tables though vniust in many points to decay by little little rather than to make a sudden alteration of it tending to the contempt of laws greater reuerence then is due to the Law-Merchant which hath proued alwaies firme and inuiolable VVise men haue obserued that happie are those Common-weales which are gouerned by Philosophers happier is that King who can wisely gouerne them but most happie is your Maiestie in whom true Philosophie doth raigne and prosper as vines do in eminent places by an inestimable treasure of an obseruing discerning and applying Princely judgement gouerning your kingdomes and dominions The consideration whereof accompanied with my bounden duetie hath emboldned me of late to dedicate vnto your sacred Maiestie a little treatise intitled The maintenance of free Trade wherein mention is made of this Volume which likewise is to be presented vnto your highnesse for it befalleth vnto me as it did to the Philosopher who by progression in wisedome endeauoring to attaine to the perfection of knowledge did perceiue that the neerer approaching thereunto seemed to him to be furthest off so my endeuours striuing to deserue some things at your royal hands seeme vnto me to merit least of all But being confident of your most gratious benignitie and superexceeding grace I do offer vnto your most judiciall eyes this Law-Merchant described according to the three essentiall parts of Trafficke with the means wherby the wealth of your Majesties kingdomes and dominions may be increased and preserued which being done by just and politike courses may properly be called the Preheminent studie of Princes grounded by Commutatio negotiativâ— vpon the rule of Equalitie and Equitie as aforesaid obserued by your High wisdome vpon the Predominant part of Trade which is the mysterie of Exchange for Moneys betweene vs and forreine Nations wherein your Highnesse doth surpasse all the Treatises and Conferences had by your noble auncestors and predecessors Kings with other Princes and States If your most excellent Maiestie therefore shall be pleased from the Zodiaque of your gratious aspect to cast some reflecting beames vpon the plaine superficies of this Law-Merchant euerie little sparke therein will become a flame and all Merchants and others shall bee enabled to draw by the Diameter of it Meridian lines of your royall fauour without which this Booke may be compared to a Sunne dyall which is no longer seruiceable than whilest the Sunne beames doe illuminate the same In hope of which superaboundant fauour I doe apostrophate this Epistle but doe multiplie my ardent praiers for your Maiesties most happie Raigne long to indure ouer vs to Gods glorie and our comforts Your Maiesties most loyall and obedient subiect GERARD MALINES TO THE COVRTEOVS RERDER THat famous Philosopher Xenophon extolling the Persian Lawes testified that their Citizens from their infancie were educated and taught not to attempt or almost to imagine any thing but honest and iust Which was the cause as Gellius reporteth that Draco a Citizen of Athens made their lawes so strict and seuere that it was said They were written with Blood and not with Inke whereas on the other side the Law made by Solon was compared to a spiders web which taketh the lesser flies and suffers the greater to escape and to breake the same So that euerie extreame being vicious Reason requireth a Law not too cruell in her Frownes nor too partiall in her Fauors Neither of these defects are incident to the Law-Merchant because the same doth properly consist of the Custome of Merchants in the course of Trafficke and is approued by all Nations according to the definition of Cicero Vera Lex est recta Ratio Natura congruens diffusa in Omnes Constans Sempiterna True Law is a right reason of nature agreeing therewith in all points diffused and spread in all Nations consisting perpetually whereby Meum and Tuum is distinguished and distributed by Number VVeight and Measure which shall bee made apparant For the maintenance of Trafficke and Commerce is so pleasant amiable and acceptable vnto all Princes and Potentates that Kings haue beene and at this day are of the Societie of Merchants And many times notwithstanding their particular differences and quarrells they doe neuerthelesse agree in this course of Trade because riches is the bright Starre whose hight Trafficke takes to direct it selfe by whereby Kingdomes and Common-weales doe flourish Merchants being the meanes and instruments to performe the same to the Glorie Illustration and Benefit of their Monarchies and States Questionlesse therefore the State of a Merchant is of great
dignitie and to bee cherished for by them Countreys are discouered Familiaritie betweene Nations is procured and politike Experience is attained Whereupon I haue beene mooued by long obseruation to put the worthines of the Customarie Law of Merchants in plaine and compendious writing by vndoubted principles familiar examples and demonstratiue reasons without affectation of curious words more than the grauitie of the Theame in some places did require I haue intituled the Booke according to the ancient name of Lex Mercatoria and not Ius Mercatorum because it is a Customary Law approued by the authoritie of all Kingdomes and Common-weales and not a Law established by the Soueraigntie of any Prince either in the first foundation or by continuance of time And beginning with Time Number VVeight and Measure I doe descend to the three Essentiall Parts of Trafficke diuided into three parts accordingly by comparing them to the Bodie Soule and Spirit of Commerce namely Commodities Money and Exchange for money by Billes of Exchanges The first as the Bodie vpheld the World by Commutation and Bartring of Commodities vntill money was deuised to bee coyned The second as the Soule in the Bodie did infuse life to Trafficke by the meanes of Equalitie and Equitie preuenting aduantage betweene Buyers and Sellers The third as the Spirit and Facultie of the Soule being seated euerie where corroborateth the Vitall Spirit of Trafficke directing and controlling by iust proportions the prices and values of Commodities and Moneys For euen as Merchants are the Instrumentall Cause of Trade euen so is the Exchange for Moneys the Efficient Cause with vs in the course of Trafficke and become Predominant or ouerruling the price of Commodities and Moneys as aforesaid This is manifested by three Paradoxes alluding to the said three Essentiall Parts of Commerce which for a Corrollarie I haue added in the latter end of this Booke with such other worthy obseruations as in the first Chapter are declared And euen as the roundnesse of the Globe of the World is composed of the Earth and Waters So is the Bodie of Lex Mercatoria made and framed of the Merchants Customes and the Sea-Lawes which are involued together as the Seas and Earth In the description whereof I have vsed to make repetition of the Materiall points according as occasion did minister vnto me for to make application thereof for the better vnderstanding of the Iudicious Reader which is the maine Scope that all Writers are to regard and care for The meanes whereby the differences and controuersies happening betweene Merchants in the course of Trade are ended is also declared which most of all require Breuitie and Expedition and had need of a peremptorie proceeding as was inuented for the Common Law of the Realme of England the due commendation whereof is added heereunto shewing also how of the same there might bee made an Art or Science and what obseruation of other Lawes are concurring with ours both in the strictnesse of Law and the lenitie of Equitie most consonant with the Law-Merchant the knowledge whereof is of so great consequence that without it all Temporall Lawes are not compleat but imperfect The Scope of all therefore is That the Rule of Equalitie and Equitie may take place betweene Vs and other Nations which Velut Ariadnae caecaregens filo vestigia non modo nos errare non sinit fed etiam efficit vt aberrantes in rectam viam deducamur as hath beene mentioned in our last Treatise of the maintenance of free trade lately published Concluding gentle Reader vpon all the premisses handled as I hope substantially I commend and submit the same to the louing entertainement of the profound and discerning iudgement of the discreet wise and experienced wishing that like matter set downe by the Penne of Apollo they may sound sweetly in your apprehention and giue to your conceit most harmonious Musicke Pleasure and Delight London the 25 of Nouember 1622. Thine to vse alwaies readie GERARD MALYNES A TABLE OF THE CONtents of the first part of Lex Mercatoria or the ancient Law-Merchant concerning Commodities compared to the Bodie of Trafficke Chapter Pag. 1 AN induction to Lex Mercatoria or the Law-Merchant and the antiquitie thereof 1 2 An obseruation concerning Time 8 3 Of Number and the mysteries thereof 17 4 Of Weights and Measures vsed in all places of the world with other obseruations 19 5 Of the three essentiall parts of trafficke namely Commodities Money and Exchange of money by bills of Exchanges 58 6 A geometricall description of the world especially of Europe measured by millions of acres of ground vpon the map 66 7 Of the Commodities of all Countreyes whereby commerce is maintained 70 8 Of Commutation or bartring of commodities 83 9 Of ordinarie buyings and sellings of Commodities 91 10 Of Suretiship and Merchants Promises 93 11 Of the reuolution of buying and selling of Commodities in the course of Trafficke 95 12 Of the transferring and setting ouer of Billes obligatorie betweene Merchants and others 98 13 Of the Nature of Billes obligatorie beyond the Seas and in England 101 14 Of Letters of Credit and Blankes signed 104 15 Of Letters of Atturney or Procurations and Transports and Conueyances 106 16 Of Factors and seruants and Commissions giuen vnto them 111 17 Of the beginning of Sea Lawes 119 18 Of the manner of proceeding in Sea-faring Causes 121 19 Of buying and selling of Commodities by Contracts 122 20 Of Bankes and Bankers 131 21 Of the Fraighting of Ships Charterparties and Billes of Lading 134 22 Of the Master of the Ship his power and dutie of the Master to the Merchant 142 23 Of the dueties and priuiledges of Marinors 144 24 Of the office of Assurances and the ancient custome of the same 146 25 Of Pollicies of Assurances and the substance of them and of contributions 150 26 Of the manner of Contribution or Aueridges 157 27 Of the particulars to be obserued in Assurances 159 28 Of the manner of proceeding for Assurances in case of losses 161 29 Of Shipwrecke and things found vpon the seas 167 30 Of partners and ships voyages 169 31 Of moneys taken vpon bottomarie by the Master of a Ship called Foenus Nauticum 171 32 Of Shipping and Nauigation 173 33 An Abridgement of the imperiall Sea Lawes of the Haunce Townes made in the yeare 1614. 175 34 Of Nauigation and Communitie of the seas 182 35 Of the distinct Dominions of the seas 185 36 Of Customes Subsidies and Impositions paied vpon commodities 193 37 Of Merchants Wagers Stipulations or Conuentions 197 38 Of Merchants markes set vpon commodities 199 39 Of the buying and selling of commodities by Brokers and by the Candle 201 40 Of buying of Commodities by Condition termed Capiticus and selling things vpon casualties 203 41 Of diuiding of commodities by Lots 205 42 Of Assotiations Monopolies Engrossings and Forestallings 210 43 Of Merchants Oppignorations 218 44 Of the proceedings vsed against Bankrupts 221 45 Of Manufactures 229 46 Of
they shall speake truth to that which shall be demanded of them 3 That they shall not require without iust cause any time of prolongation 4 That they haue not nor wil attempt to corrupt witnesses 6 The sixth time vpon the contestation and interlocutorie sentence you must obserue nine things 1 That the witnesses be presented in presence of the partie against whom they are produced 2 That they bee freemen and honest and not hired nor corrupted 3 That they bee sworne and the producent payeth his charges 4 You may inquire of the partie that doth produce the witnesses as also of the witnesses by certaine articles what may appertaine to the cause in regard of their admittance for to bee sworne because their deposition is the ground of the matter 5 That the plaintife hauing had three seuerall times to produce his witnesses shall not haue any other time to examine any more vnlesse he do sweare that he knoweth not what the former witnesses haue deposed and the Iudge do assent thereunto 6 If the witnesses haue declared any thing obscurely they may declare the same more plainely if the Iudge do desire the same at the intreatie of the partie according as he shall direct 7 After publication of the witnesses depositions there may not any other witnesses be deposed vpon the said interrogatories or any matter touching the same 8 That the witnesses be examined of the time of the place and of the case it selfe whether they haue seene or heard the same what they beleeue or know thereof or of the report they haue heard 9 That to auoid charges there be not too many examined A Maximo of the Law of Arragon The seuenth time is when all must bee alledged which may any manner of waies make for the state of the cause and if it fall out that two witnesses tell one tale as it were verbatim their euidence is voide and the eight time the Iudge proceedeth to a definitiue sentence and the ninth time which must be done within tenne daies the partie may appeale and therupon for the tenth time the pleyto or suite with all the records goeth out of that Iudges court to a higher court where it may not depend aboue a limited time The obseruations doe minister an occasion that many controuersies are ended without law for the parties are not sure to obserue these times and the defendants which seeke delaies are not contented with so short a time of pleading the complainant also may know whether it be safe for him to take his oath as aforesaid that hee is in conscience persuaded of his right To abridge the multiplicities of suits and moreuer paying a fine for wrong molestation abridged with them heretofore the multiplicities of suits Omitting now to speake of other courts of equitie and calling law and Equitie to bee the Common Law so much commended aboue the Ciuile Law by the said M r. Fortescue sometimes Lord chiefe Iustice of the Kings Bench in the time of King Henrie the sixth who hath obserued fiue points wherein the same consisteth let vs obserue many more to extoll the excellencie of the said Common Law as followeth summarily 1 First because of the antiquitie thereof Excellencie of the Common Law of England for that in all the times that the Realme was inhabited by fiue seuerall nations the same was still ruled by the said Customes that it is now gouerned withall which if they had not beene good some of the Kings of these seuerall nations mooued either with justice or with reason and affection would haue changed or abolished the same especially the Romanes who iudged all the world 2 Secondly for that the Kings of England at their Coronation doe take a solemne oath to cause all the Customes of the Realme to be faithfully obserued according to the former institution 3 For that the said ancient Customs or Maximes therof are inexpugnable and doe stand of their owne authoritie as Principles which need no reason to confirme their authoritie as the Lawes of Solon Draco Carondas Licurgus Numa Pompilius and the Law of twelue Tables c. 4 Because all differences and controuersies which happen betweene the King and his subiects are tried and determined by the Law and if it be done in Parlement or by the Iudges it is still according to the Law 5 Because the King personally giueth not any iudgement especially when himselfe is a partie seeing it is against the Law of Nature to be both judge and partie 6 For that notwithstanding the decease of the Kings of England from time to time the Iudges of the Courts of Record that is to say of the Chancerie of the Kings Bench of the Common Pleas which doe sit as Iudges by the Kings Letters Pattents doe remaine authorised and their power ended not immediately with the King howbeit the succeeding Kings doe confirme them in their offices whereby all seditions are preuented during the inter Regnum 7 For that with indifferencie without regard of persons it commandeth as well the Nobilitie and other persons of dignitie by way of vtlagare or outlaw as the meanest subiects 8 For exercising a power ouer the Iudges which are not to judge of the Law but by the Law and therefore is the word Iudicium properly attributed to their determinations euen as the word Decretum is vnderstood of the ordinances or sentences of the Magistrates following equitie as it were without Law For there is the like proportion betweene the Law and the execution thereof called Legis Actio as there is betweene Equitie and the dutie of a Magistrate called Iudicis Officium 9 For that the officers thereof are authorised according to the qualitie and due execution of it by a proportionable distribution namely The Iudges for terme of life and officers subalterne changing from yeare to yeare to the end the administration of justice may bee more indifferent 10 For the diuersitie of the triall thereof in seuerall Courts according to Law and Equitie is the cause of an agreeing and most necessarie discord as it were Concordi Discordia whereby the bodie of justice is supported by striuing as the stones vpholding a vault as Cato saith 11 For that the Iudges in criminall causes doe change from time to time their circuits and inferiour Iudges of the Court doe execute the place as well as superiour Iudges whereby partialitie is preuented 12 For that the Law tendeth most carefully for the good and preseruation of life and goods of euerie good and honest man seeing that euen in criminall causes it hath prouided as much as may stand with justice a helpe and fauour permitting the Iudges to order the pleading of offendors and to instruct them to auoid mispleading and giuing them leaue to except against the Iurors which they dislike 13 For that it doth forbid the sale of offices thereby intending due administration of justice for where offices are sold as it were by the Great there justice is commonly solde by
Retaile 14 Because the same is most agreeable with the nature and disposition of the people and the qualitie of the countrey which by reason of the fertilitie affordeth verie conuenient meanes for the triall thereof by Iuries of twelue men the nature of the people being gentle 15 Because men are to reduce the state or issue of their cause vpon one peremptorie exception to bee tried by the verdict of twelue men whereby matters are determined with expedition 16 For that it commandeth not any thing but what is honest reasonable and possible in it selfe and all impossibilities are excluded thereby 17 For that thereof may bee made an Arte or Science in manner before declared seeing the same is finite in her Precepts according to the old Maximes or Principles whereunto euerie thing being reduced and explained as aforesaid all ambiguities and darke sentences would be taken away and the Iudges should easily giue a cleare vnderstanding thereof according to the order of Solon who made the Arropagits of Athens to be as Guardians of the Law 18 For that the triall thereof by a Iurie of twelue men vpon one point peremptorily or in certaintie is briefe and substantiall because the witnesses which are produced before them by whose euidence the state of the cause is made must be approued by the verdict of twelue men as aforesaid 19 For that the matter of Fact is distinguished from the matter of Law and is accordingly decided either by the Iurie vpon the matter of Fact or by the Iudges vpon Demurrer or otherwise vpon the matter of Law 20 For the indifferencie of the triall of controuersies and questions betweene the natiue subiects and aliens for they may haue their trialls Per medietatem linguae that is to say halfe the Iurie of strangers and the other halfe of English subiects to auoide partialitie 21 For that the Serieants and Councellors at the Law are to giue counsell and to helpe the poore which are not able to prosecute Law at their owne charges which they doe in forma pauperis by direction of the Lord Chancellor and the Lords chiefe Iustices of the Kings Bench and Common Pleas. 22 Finally the Common Law is excellent for hauing fewer faults and imperfections than any other Law being most sufficient to vphold the common-wealth in quietnesse Thus the Common Law of England hath like a Queene a Predominant power from whence proceedeth mutuall loue and sure amitie from the Prince to the subiects and from the subiects againe due obedience to the Prince in a most pleasant harmonie and concord deseruing the name of a Law receiued published and recorded without any reason to be rendred for the same as it were Lex cum Prologo wherewith Seneca found fault when he said Iubeat lex non suadeat And as the Law is deriued à ligare to bind so is the whole State of the Common-wealth bound to the head and may be made easier in practise For as the saâ—d Seneca saith Nil est quod pertinax opera diligens cura non expugnat Of the Lawes of the Kingdome of France THe Lawes of France are either written or customarie and according to this diuision the countrey is diuided Acquitanie and a part of Celtica next vnto it is called Pays de Droict escript because the Ciuile Law of the Romanes â—â— there in force Written Law the reason whereof is thought to be because the Romanes did continue long in those parts after the Frankes had made a thorough conquest of the other Belgica and the other part of Celtica is called Coustumier because for the most part they are gouerned by their auncient customes Ancient Customes which amongst them haue the force of Lawes howbeit neither the Ciuile Law nor the customarie are further in force than they are agreeable with the Edicts of the King Vnder the Law written are comprehended The Ciuile Law The Kings Edicts and Ordinances made by aduice either of the priuie Councell or of the three estates and The Arrests or Ordinances of the Courts of Parlement In the erections of their vniuersities of Law the King expresly declareth That they are not bound to the Ciuile Law neither receiue it for further vse than to draw instructions of good gouernement and reason from it as appeareth in the Charter at Orleans by Phillip le Bell Anno 1312 wherein hee sheweth that this Realme is gouerned by Custome and not by the Ciuile Law except in some Prouinces which the Kings haue permitted in some cases so to doe not as bound but as willing to continue the Law which their subiects of auncient time haue vsed So that the Ciuile Law generally is not in force but onely for direction and forme of pleading and proceeding in the order of the processe and where it is most in force the Courts of Parlement haue authoritie to construe and interprete it as they thinke good Of all the written Lawes in France the Ordinances and Edicts of the King are most in force insomuch as they are acknowledged for the onely Lawes and all other haue their life from them and are so farre forth auailable as they are strengthened by them The arrests of the Courts of Parlement are of great authoritie being pronounced in the name of the King and are as Lawes to be followed in all cases In like manner their Ordinances are to be followed onely during the time that the King prouideth not otherwise and in their owne circuit onely for they haue not authoritie to make Lawes generall and perpetuall The Customes which diuers Prouinces claime are of late yeares drawne into writings and published in print for the more easie vnderstanding of them and the auoiding of confusion so that now all the Lawes of France may be said to be written Lawes this was begun in the time of Charles the seuenth Anno 1453 and ordered also in the time of Henrie the third Anno 1579. Subsidies and jmpositions This manner of gouernement causeth subsidies and jmpositions to bee made as reuenues of the Crowne by the Kings authoritie which were at the first granted by the three estates vpon vrgent necessitie of the affaires of the Realme onely Clergie Nobility and Comâ—inaâ—le but now they are growne to be ordinarie Charles the seuenth was the first that made them ordinarie for the payment of souldiers Francis the first and Henrie the second did the like Personall subsidies are taken by the pole whereof Ecclesiasticall men Noblemen and Officers of the King Queene and children are exempted Reall or patrimoniall subsidies are leuied by lands in some prouinces as Languedoc and Prouence whereof no persons are exempted Mixt subsidies are leuied of the yeomandrie and some persons of meanes The greatest imposition is vpon Wines now fifteene soulz vpon euerie mewe And vpon Salt appointed by Philip de Valois Magazins of salt called Magazins or Gremers for salt forbidding Merchants to trafficke for it setting a rate of foure deniers vpon euerie pound of