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
the Sea is adioyning and in proprietie to bee esteemed accordingly taking their names of the Countries and Kingdomes adiacent or of their scituation as Mare Britannicum Mare Germanicum Mare Hibernicum and for scituation Mare Mediterraneum obserued by Cosmographers Historiographers and Mathematicians this is performed with the helpe of the Compasse counting of courses soundings colour of the grauell or sands and other wayes to designe Finitum ab ' iâ—finito By the Ciuile Law so farre as is expedient for the certaine reach and bounds of Seas properly apppertaining to any Prince or people wherein the Doctors of the Ciuile Law haue recorded excellent obseruations By the Law of Nation and Customes Baldus saith Vidimus de iure gentium in Mare esse Regna distincta sicut in terra Auda Ad legem 1. de ter diuisione In §. nullius in tratt de iâ—sula Bartolas doth in his opinion allow for princes and people at the sea-side Centum mitliaria which is one hundreth leagues of sea from their coast if they extend their protection so farre called by them Districtus maris territorium which is most plaine in those seas where the Isles of Garnesey and Iarnesey are so sensible and visible to the realme of England Visible Markes of Dominion or where there are such rockes or eminent marks as the Washes at the West seas thereof to which purpose Paulus a renowmed Ciuilian saieth That it is not needfull for him who would possesse himselfe of any land to go about and tread ouer the same but it is sufficient to enter in vpon any part thereof with a mind to possesse all the rest thereof euen to the due marches to be made apparant by the instruments of Geometricians And the like may be designed vpon the seas notwithstanding the soliditie of the one and the continuall flowing too and fro of the other This distinction of dominion hauing continued so many hundreth yeares needeth not to be corroborated with other proofe and arguments yet let vs note obiter That if the same were not distinguished as aforesaid Cases of ciuile Law or Admiraltie one borne vpon the seas should haue no countrie or nation to appeale vnto and a man dying intestate vpon the seas should minister occasion of question to know who should administer his goods and making of a Will how the same should be proued and executed by law without approbation of some Court or Iurisdiction whereas we find many Admiralls of the seas and their seuerall iurisdictions vpon the seas as deputies to their Princes or States who are alwaies absolute Commanders in their precincts according to the treaties and contracts made betweene Princes which are in the nature of lawes and inseperable of the said Princes right on the land concerning the possession of their Kingdomes or Common-weales as the fundamentall cause of their dominion wherein discontinuance of any part of their right cannot be pleaded against them The Kings of England neuerthelesse haue beene prouident and carefull herein for Historiographers haue recorded That King Edgar one of the Saxon Kings long before the Conquest made a suruay yearely of the foure great seas Mathew of Westm. and stiled himselfe lord thereof euen vntill Norway Ranulph Cestriensis and his progresse was most towards the North. It is also affirmed Anno 973. That the said King Edgar caused an inscription to be made vpon his Tombe for a monument calling himselfe Dominus quatuor Marea and as Papinian the Iurisconsult saieth In finalibus questionibus vete ra monumenta sequenda sunt Mare Britanicum But this for the dominion of the Kings of England ouer their seas Mare Hibernicum is not needfull For afterwards William Duke of Normandie after he had subduâ—d the realme of England by conquest Mare Germanicum caused himselfe not onely to be proclaimed King Mare Deucalidon but also that all the goods of the subiects were his and so caused the land to be diuided and yet was contented to change the title of a Monarchie by conquest into a Monarchie Royall and was also Lord of the said foure seas Io Bodinus de Resp. by the former assumpsit which had then continued 200 yeares and his progresse by sea was most Westward For when Princes or Kings do stile themselues by proclamation then the continuance thereof without opposition of other princes is holden and obserued as inuiolable and permanent Now King Henrie the second succeeding William the Conqueror Graftons Chronicle within one hundreth yeares did ioine Ireland to the crowne of England and did reduce Normandie and other places in France to the crowne taking as it were a new possession of the said seas and Henrie the first euerie yeare or within three yeares at the furthest crossed ouer into Normandie hauing taken Robert Duke of Normandie prisoner In the time of King Edward the third Chro. Malmesbuâ—e there was a disputation held with France concerning the fishing of the seas about Brittaine in which it was proued to belong to England Ioh. Hayward and thereupon Fraunce disclaimed therein By ancient records and Treaties c. as appeareth by the said King Edward the third his Proclamation yet extant Which arguments and contracts are as a law effectuall And here I must remember the singular care which the right reuerend father in God doctor Abbot now Archbishop of Canturburie A rare booke remoining with the Archbishop of Canturburie and Metropolitane of England hath had in procuring at his great charges for the good of our posteritie an excellent great Volume or Manuscript which was heretofore taken at Calice in France when the Spaniards tooke the same Anno 1596 and caried to Bruxels in the Low-countries whereof I haue had the perusall and made an Abstract of the Chapters of the same viz. The Treatie of Peace betweene Edward the third king of England and Iohn king of France for themselues and their eldest sonnes namely Edward the Blacke Prince of Wales and Charles Duke of Normandie Regent the French King his father being prisoner to the said King Edward which Treatie was made the eight of May 1360 in Britanie neere Chartres and confirmed at Calice whereupon sixteene Hostages were giuen to the King of England by the French King who was to come thither in person and to pay three millions of crownes for his ransome of two crownes to bee reckoned for an English noble called in King Henrie the eight his time Angell noble being some 750000 〈◊〉 sterling The ransome o' King Iohn of France The ship whereof vpon the one side did signifie the dominion of the seas whereunto old Chaucer the Poet did allude in Henrie the fifth his time This money was to be paied to weet six hundreth thousand crownes at Calice within 4 months after King Iohns arriuall there more foure hundreth thousand crownes within the yeare and so much yearely vntill the full paiment made
six pence and withall he did write vnto other Princes concerning the same and Commissioners came ouer about it but all was in vaine whereupon he gaue an absolute authoritie to Cardinall Wolsey by letters patents as followeth HENRIE the eight by the grace of God King of England and of Fraunce defendor of the Faith Lord of Ireland to the most reuerend Father in God our most trustie and most entierly beloued Councellor the Lord Thomas Cardinall of Yorke Archbishop Legat de Leicester of the See Apostolicke Primat of England and our Chauncellor of the same greeting For as much as coynes of moneys as well of gold as of siluer be of late daies raised and inhaunced both in the realme of France Francis the French King and Charles the fifth Emperor as also in the Emperors Low-countries and in other parts vnto higher prices than the verie poiz weight and finesse and valuation of the same and otherwise than they were accustomed to bee currant by meanes whereof the money of this our realme is daily and of a long season hath beene by sundrie persons as well our subiects as strangers for their particular gaine and lucre conueyed out of this realme into the parts beyond the seas and so is likely to continue more and more to the great hinderance of the generalitie of Our subiects and people and to the no little impouerishing of our said realme if the same be not speedily remedied and foreseene We after long debating of the matter with you and sundrie other of Our Councell and after remission made vnto outward Princes for reformation thereof finding finally no manner of remedie to be had at their hands haue by mature deliberation determined That Our coynes and moneys as well of Gold as of Siluer shall bee by our Officers of our Mint from henceforth made at such finesse lay standard and value as may be equiualent correspondent and agreeable to the rates of the valuation inhaunced and raised in outward parts as is afore specified whereupon Wee haue giuen commaundement by Our other Letters vnder our great Seale to the Master Warden Comptroller and other Officers of Our said Mint and to euerie of them to see this Our determination put in execution of the said coynes by Proclamation or otherwise as in the print coyne stroake of the same Wherefore by these presents Wee will and authorise you to proceed not onely from time to time when you shall seeme conueniently by aduice of such other Our Councell as you shall thinke good to the limitation description and deuising how and after what manner and forme Our said coynes and moneys may be brought vnto the rates and values finesse lay standard and print by you and them thought to be requisite but also to appoint Our said Officers of Our Mint duely to follow execute obey and fulfill the same in euerie point according In which doing these Our Letters vnder our great Seate shall be your sufficient warrant and discharge any Act Statute Ordinance or Law or other thing whatsoeuer it be to the contrarie notwithstanding In witnesse whereof We haue caused these presents to be sealed with Our great Seale at Westminster the 23 day of Iulie in the eighteenth yeare of Our raigne c. Graftons Chronicle doth record that all was to no purpose for the inhauncing might on both sides haue run ad infinitum Afterwards in the two and twentieth yeare of his raigne finding that Merchants did transport still the moneys or made them ouer by exchange and made no imployment vpon the commodities of the realme he caused a Proclamation to be made according to an old statute 14 Richard 2 Statute of imployment That no person should make any exchange contrarie to the true meaning thereof vpon paine to be taken the Kings mortall enemie and to forfeit all that he might forfeit Hereupon it fell out that lawlesse necessitie did run to the other extreame of imbasing the moneys by allay whereby all things came to be out of order For base money maketh euerie thing deere Base moneys and ouerthroweth the course of exchange betweene Merchants and causeth much counterfeit money to be made to buy the commodities of the realme and to destroy the good moneys like vnto the seuen leane Kine of Pharaoth which deuoured the seuen fat Kine in a short time as appeared of late within the realm of Ireland which is more dangerous in those kingdomes where their moneys are of a rich standard whereby many commotions happen Commotions about base money as in Fraunce during the raigne of Philip le Bell. And Peter the fourth King of Aragon did for this cause confiscate the Islands of Maiorca and Minorca now kingdomes in the Mediterranean sea whereas the policie of those nations which do vse seuerall standards of moneys doth preuent the same because that promiscuously they make and coine moneys of seuerall standards according to the occasion which is worthie the obseruation ☞ and as all extreames are vicious and defectiue so doth it befall those countries which will haue no base money at all and are made a prey vnto other nations by the exchange for moneys which must be maintained withall as I haue made and shall make more apparant Proportion betweene gold and siluer The third effect or alteration of the Kings Valuation of money is the Proportion betweene gold and siluer being in most countries twelue to one that is to say one pound of siluer for one ounce of gold wherein there is more operation than most men do imagine For you cannot aduance or inhance the one but you abate and diminish the other for they ballance vpon this paralell And whereas England by continuance of eleuen to one hath beene a great looser of gold so now by aduancing the same not onely to twelue to one but to 13 ⅕ for one there hath followed a verie great losse of our siluer which is ouer much abated as may appeare if we do but consider that the French Crowne of sixe shillings was answered with six shillings in siluer and is now full seuen shillings and foure pence and our six shillings in siluer are the verie same for twelue ounces of Crown gold of twentie and two carrats at 3 ll 6 ss maketh 39 ll 12 ss and 108 French Crownes the which are made out of the pound weight of twelue ounces at seuen shillings foure pence maketh also 39 ll 12 ss Hereupon to equalize the siluer vnto gold againe will breed a generall inhauncing of things within the realme for the alteration of the measure of moneys causeth the denomination to follow in number to make vp the tale which requireth great prouidence Exchange fallen by the inhauncing of gold in the Low-countries For we find that other nations perceiuing our gold to be inhanced haue abated the price of exchange according to which the prices of commodities are ruled so that the same goeth at thirtie and foure shillings six pence or thirtie
so am endangered to my neighbour for my necessarie payments it is great reason that my debtor beare my losse rather than I should sustaine harme or danger for my good will And this is defined to be a gaine to be taken Vsurie ex damno habito improper ex damno habito and it being so is improperly called Interest in defence of Vsurie In like manner if a shop-keeper lend money freely to his neighbour till such a day hauing then occasion to vse it at some Faire to lay it out in wares if hee breake touch the shop-keeper may in iustice take the benefit for his money losing the profit which he should haue had by the wares which he was hindred to buy Ex lucro cessante and this is taken for lucro cessante But in neither of these was an intention to deliuer money at Interest Some are of opinion That it is better for them to deliuer their money by exchange and that therein they are lesse to be euill thought on than by dealing vpon Vsurie But this difference consisteth onely in the name for they haue both an intention of gaine vpon money and doe beare an aduenture for the losse of their moneys whereas the one is bound to receiue but tenne vpon the hundreth at the most Difference of gaine by Vsurie and Exchange and the other doth expect fifteene or twentie vpon the hundreth at the least onely in regard hee doth beare an aduenture to lose by exchange which is verie seldome but still the intention remaineth which should be the surest guide of conscience to take away all counterfeit pretences The Venetians and others allow no Interest at all but approue the benefit and course of exchange although it be aboue Interest By the aforesaid rules Vsurie is weighed straightly in regard of Charitie albeit it may fall out otherwise that the borrower hath sinned therefore in such cases circumstances are to be considered and then iudgement to be giuen accordingly If I deale with a Merchant that maketh gaine of my money with his trade and commerce and is well able to pay mee againe being chiefly inriched by my meanes why should not I in reason haue part of his benefit and aduantage when by my goods hee is growne rich Suppose foure men are become parteners two doe disburse large summes of money and the other imploy their labour and industrie to make by lawfull trade a great benefit thereby is it not reason that the other two although they were idle at home should haue part of the benefit You will say you hold this reasonable for it is not Vsurie at all but these two men take tenne in the hundreth for their money nay then you reply and say It is Vsurie although the other two had gotten thirtie in the hundreth by it How can this be a biting Vsurie Obiection Answere But they haue not borne the aduenture of the Seas but conditioned a certaintie the answere is That they haue not onely borne the aduenture of the Seas but many other casualties besides and in trusting them that had no meanes of their owne Well therefore say you I will not deliuer my money but to rich men herein you shew no charitie and may be deceiued too for you know not what money a man hath in his purse so that your conscience is stil the surest guide to direct you with prudence as the loadstone doth the variation of the Pole So much for particular persons Now comming to examine what the Kings of England haue done concerning Vsurie wee find that both before the Conquest and after Vsurie hath beene banished by some Kings and by some other Kings it hath beene tollerated according to the times and occasions King Edgar before the Conquest did vtterly forbid all Vsurie Bankers sent out of the Realme so did King Edward the first who did send out of this Realme as well the Italian Bankers that came from Pope Gregory the tenth called Cursini as all manner of Iewes who did mightily oppresse the Realme To omit what other Kings haue done we know that Henrie the eight in the 37 yeare of his raigne made a Statute whereby none were suffered to take aboue tenne in the hundreth vpon loane either for wares or money and this was repealed by the Statute of Anno 5 Edw. 6 which afterwards being found against Policie was abrogated So the Statutes of Queene Elizabeth did succeed which doe tollerate the said ten in the hundreth which are of such strength and continuance at this present that King Iames himselfe is contented to allow the said rate to the Londoners for some moneys borrowed of them wherein as I said before time and occasions do alter things and as the case for the present standeth with England and forraine Nations we haue Vsurie like a Woolfe by the eares dangerous to be kept and more dangerous to abandone the same This Vsurie being indeed exercised to the poore or to the rich without respect of damage ensuing becommeth intollerable But in case of Interest when time of payment is neglected in the state of orphants in mutuall hazard or in hazard publike Where Vsurie is allowable simply to disallow it is to cut off all trade and commerce or reparation of damages and to goe about to remedie a mischiefe with a greater inconuenience The Law of Iustinian the Emperour doth therefore moderate the course of Vsurie which is much to bee regarded where the words are thus as followeth 1. Coâ— C. de Vsuris Wee haue thought necessarie to make a generall Law or Statute touching the quantitie of Vsurie bringing the old hard and most grecuous weight of the same to a certaine moderate stay or meane rate Therefore We command those Noble men that are Earles or their betters that they doe not make any stipulation or firme bargaine by any manner of contract whatsoeuer great or lesse for Vsurie or gaine to bee had aboue foure in the hundreth Those that are guardians or gouernours ouer handie-crafts men or places where Artificers doe worke or else doe vse any lawfull trade of merchandise Wee will that they shall moderate their stipulation or firme promise taken in any bargaine to eight in the hundreth And as for those that doe aduenture their goods beyond the Seas and put out their substance vpon their owne hazard such may lawfully demand by firme promise to receiue twelue in the hundreth and in no wise to take aboue that rate although by the old Romane Statutes it hath beene lawfull to exceed And We will that all other men shall take onely six in the hundreth aboue the principall and the same quantitie of excesse in no wise to bee enlarged in other contracts where Vsurie is wont to bee demanded without stipulation or couenant made neither shall it be lawfull to the Iudge to increase the foresaid taxation or rate made by reason of the Custome vsed in any Countrey c. This Imperiall Ciuile Law hauing
a common-wealth for the maintenance of lawes which otherwise would be fruitlesse or made as it is said by some propter terrorem for preuention whereof it is verie commendable to preserue this life of the law consisting in execution which was the cause that commissioners haue beene heretofore appointed to retaine men in their dueties as the Nomophilats in Greece the Censurors amongst the Romans the Ephores at Lacedemon the Areopagits at Athens the Visitors in Spaine Commissioners to retaine Officers in their dueties and the Commissioners of Troyle the Bastort in Edward the first his time for all humane actions are so flexible to euill that they haue need of a continuall remembrancer to vertue for the conseruation of the publicke good If we will make a comparison betweene the execution of Criminall causes and ciuile we shall in a manner find the same to be all one effectually for the generall manner of death imposed by the law is hanging where in other countries they haue diuers manners of executions according as the fact is haynous Murder being a great offence hath in all ages been punished with death but stealing of goods was alwaies taken to be much inferior because the law of God did not punish the same by death as is now vsed and yet a death by sudden execution is better than a lingering death by famine imprisonment and other aduersities before remembred The effect of the kings Prerogatiue Royall to be mercifull euen when law hath had her full course is to be seen rather in causes ciuile than criminall and that in the reliefe of poore distressed prisoners and others Iustice and Mercie in God are not contraries seeing the Mercy of God whose Lieutenants they are on earth is aboue all his Workes which maketh me to remember an error of the common people which thinke the Iustice and Mercie of God to be contraries for if they were they could not be in God because the god-head being but one and alwaies like it selfe cannot admit contraries and contraries they cannot be being both vertues whereas no vertue is contrarie to vertue but onely opposite to vice so that respecting the Kings Prerogatiue in criminal causes when the law hath determined death or punishment by perpetuall imprisonment or banishment the King imitating Gods mercie doth restore life freedome and libertie much more may the King do the same in ciuile causes when the law commaundeth imprisonment vntill satisfaction be made of the iudgement giue libertie and prolongation of time as hauing an interest in the persons of his subiects as we haue obserued I haue herein been the more ample because it concerneth the life of many honest men c. CHAP. XIII Of Denization and Naturalization of Merchants THE manner to make Merchant strangers Artificersâ— or Handie-crafts men to be Denizons or Naturalized was in times past without any difference and they did enioy the like libertie and priuiledges and were most commonly made by his Maiesties Letters Patents vnder the Great Seale of England by his Highnesse Prerogatiue Royall whereby they did enioy all the freedome and immunities that naturall subiects doe enioy and were so reputed and taken by the Lawes of the Realme vpon their oath made in Chancerie of alleageance to the King and the Common-wealth But the same was afterwardes called in question vpon the misdemeanors of some forgetfull persons and then Denizons were made to pay Customes to the King as strangers howbeit they might buy leases lands and houses as English borne subiects and their children heere borne should bee free and pay but English Custome for goods imported and exported and may become freemen of London and buy cloth in Blackewell Hall and all other Markets and transport the same where it pleased them albeit the Merchants Aduenturers haue infringed the same Naturalized distinguished Neuerthelesse some priuiledge to pay English Custome being granted to some particular Merchants by the Princes prerogatiues by Letters Pattents vnder the Great Seale it came to passe that these were named Naturalized which might be placed in offices as Iustices of the Peace and Quorum high Sherifes of the Counties and other places of dignitie and came to bee made Knights and Barronets and some of them buying lands and leases made great purchases married their daughters vnto diuers Gentlemen and others did also sell lands againe and bought other lands which buying and selling of lands did require assurances to be made and therein some Lawyers were of opinion that by the Law the said assurances were not of sufficient validitie without an Act of Parlement and then the Acts of Naturalization were made but the making of Denizons was alwayes continued by his Maiesties Letters Pattents onely and they are not subiect to the Statute of Employment albeit they pay strangers Customes Denizons not subiect to the Statute of Employment and diuers other charges which the natiue subiects doe not pay whereof Merchants are to take notice No stranger which is a Mechanicall person is much inclined to be a naturall subiect by Act of Parlement because of the charge of it which may bee about 30 ll albeit foure or fiue persons may ioyne together by petition to the Parlement and haue one Act for them all the forme whereof is commonly as heereafter followeth And here note that a Merchant is in no danger if hee be neither Denizon nor Naturalized but may deale trafficke and negotiate at his pleasure but he may take no leases nor buy lands IN most humble manner beseech your most excellent Maiestie your humble and obedient Orators I. L. of Florence your Maiesties seruant T. M. c. R. B. and M. Q. That whereas the said I. L. the son of A. L. and L. his wife strangers were borne at Florence in Italy in the parts beyond the Seas and whereas c. And whereas M. Q. being the sonne of M. Q. and C. his wife borne at Bridges in Flanders in the parts beyond the Seas in lawfull matrimonie and hath for the most part these twentie yeares remained and made his abode in London within your Maiesties Realme of England during which time hee hath demeaned himselfe faithfully and dutifully towardes your Highnesse and your Lawes yet for that both he and the rest of your Maiesties Orators were borne in the parts beyond the Seas they cannot take benefit of your Maiesties Lawes Statutes and Customes of your Highnesse Realme of England as other your Maiesties subiects borne within this Realme to their great preiudice losse and hinderance It may therefore please your Highnesse of your most noble and aboundant grace that it may be ordained enacted and established by your Highnes the Lords Spirituall and Temporall and the Commons of this present Parlement assembled and by the authoritie of the same That your Maiesties most humble Petitioners I. L. T. M. R. B. and M. Q. and euerie of them shall from henceforth bee adiudged reputed and taken to be your Highnesse naturall subiects and as persons
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
moneths in the yeare euery Todd containing foure Nayles and euery Nayle being 7 ll for the seuen dayes of the weeke This Sacke of Wooll is accounted to make 4 Standard Clothes of cleane Wooll called Sorting-clothes waighing 60 ll the Cloth and being 24 yeards long of 6 ½ quarters broad or thereabouts within the remedy or allowance of 2 ll weight vpon a cloth In the weight is to be obserued that the clothes be well scoured thicked milled and fully dryed In the Measure likewise that the same be measured by the yeard and inch within the List concerning the breadth according to the said Statute made of all the seuerall sorts of Clothes made in diuers Shires Viz. Broad Weight and Measure Kent Yor. Read clothes of 6 ½ quarters 86 ll 30 34 yeards Suffolke Norffolke and Essex of 7 quar 80 ll 29 32 yeards Worcest Couent and Heref. of 6 ½ quar 78 ll 30 33 yeards Wilts Glocest. Oxon. Somers of 7 quar 76 ll 29 32 yeards Suffolke sorting Clothes broad 6 ½ quar 64 ll 23 26 yeards All sorting Clothes of diuers shires 6 ½ q. 60 ll 24 26 yeards B. Cloth Tauntons Bridgewaters and Dunstars of 7 quar 30 ll 12 13 yeards Broad narrow of Yorkshire of 4 quar 30 ll 24 25 yeards Deuon Kerseys and Dozens of 4 quar 13 ll 12 13 yeards Check Kerseys straict plain grayes 4 q. 24 ll 17 18 yeards Ordinary Penistone or Forests 5 ½ quar 28 ll 12 13 yeards Sorting Penistones of 6 ½ quar 35 ll 13 14 yeards Washers of Lankyshire and others 17 ll 17 18 yeards Clogware Kend. Karpnuales at pleasure  20 at the lest The manner of making of all Woollen Clothes and workemens orders with the viewing searching and the forfeitures or abatements may at large be seene by the said Statute being an Epitome of all former Acts concerning the indraping of Wools appointing wherein Flockes Thrums or Lambs wooll may be put Obseruations concerning the said Weight and Measure of Clothes in generall THat all Substantiall things either dry or liquid are by Diuine prouidence subiect and gouerned by Number Weight and Measure That Weight and Measure doe controle each other and that Number giueth denomination to them both to discerne truth from falshood as aforesaid That the weight of a Cloth is more to be regarded than the Measure because the weight containeth substance which is abused by stretching it in measure That according to the Standard of Clothes there must be allowed or accounted two pounds and one halfe of Wooll to make one yeard of the abouesaid Clothes That the Statute of Clothmaking hath had a consideration to make an allowance or abatement for Draped Dressed Rowed and Sheared Clothes which is fiue ll in a Long-cloth and foure ll in a Broad-cloth besides the remedy of two ll According to this Rule his Maiesties Custome for Cloth and Carseyes c. ought to bee payed equalizing the said Custome of Cloth with the Custome of Wooll according to fortie shillings the Sacke payed in the time of Queene Mary which is to bee done according to the weight and not according to the measure as heretofore hath beene partly done And the weight will cause Clothes to be better made according to the Statute whereunto the Reformation must be reduced which will be beneficiall Benefits which will arise by the true making of Clothes in England according to the Statute made in the fourth yeare of his Maiesties raigne of Great Brittaine THe Cloth of the Realme shall recouer his former estimation which euery Merchant weighing his Clothes will cause to bee obserued according to the said rule and proportion betweene weight and measure whereby the stretching and falsifying of Cloth will be controlled and preuented especially if this demonstration here set downe shall direct the buyer of Clothes And the like may be made for Carseyes and all other woollen commodities according to the said Statute The Cloth being truely made will be more vendible beyond the Seas where many complaints are daily made of the false making thereof which the Clothier cannot but know vpon so many Certificates for Tare as are abated of them to their losse euery Merchant looking more to buy good cheape than to buy good Cloth feeding false making by it which commeth to passe more by ignorance than otherwise The Clothier finding the Merchant by these meanes able to controll him will endeuour to make true Cloth and the Officers to suruey it will be more carefull and not send the Clothier their Leads and Stampe and so they be payed neuer looke to take paines to view the Cloth hereby trafficke will increase for the generall good of the Realme and his Maiesties Custome will be duely payed according to the said Statute and all will tend to the glory of God and honour of the King in all Equitie and Iustice to bee obserued in all well gouerned Common-weales Weights and Measures controll each other Wee may perceiue by the contents of this Discourse how weight and measure doth controll each other compare your measure of Corn with the weight as before is declared your length of Clothes with the weight as aforesaid nay your wet Measures with your dry Measures of all things of that nature and experience by obseruation will teach you to distinguish truth from falshood and how to know the goodnesse of things if Spices become light then the weight will shew it because the substance is dryed vp which to preuent is wisedome and no deceit For as the Element of ayre is the cause of putrifaction so the excluding of the same in many things is a preseruation and so is likewise the preuenting of drinesse But to end this Triall of measure and weight let vs obserue the Italians by weighing and measuring of their Silke wares A yard of Satine weigheth foure ounces being truely made and if it bee aboue they take the same to be ouergummed and not truely made and so if i◠weigh lesse CHAP. V. Of the three Essentiall Parts of Trafficke namely Commodities Money and Exchange of Money by Billes of Exchanges ALL the trafficke and commerce betweene Nation and Nation or man and man is performed vnder three Simples which are properly the Essentiall parts of Trafficke Namely Commodities Money and Exchange for Money by Billes of Exchanges which is effected by Number Weight and Measure according to the former obseruation A Tripartite Exchange And herein is to be considered a Tripartite Exchange That is Commodities for Commodities Commodities for Money and Commodities for exchange of Money by Bills of exchange For some Merchants do negotiate all for Commodities others all for Money or Exchanges or for all three or any of them which yeeldeth them most benefit and gaine and herein is their particular profit or Priuatum Commodam more respected than the generall good of the common-wealth whereby corruptible and vnnecessarie commodities are giuen for Staple
of fishers nets to make browne paper of skins to make glew of beere leeze to make Aqua vitae and the like And here we may not omit how Almightie God by his diuine prouidence ruleth many times this negotiating commutation when the haruest of Corne faileth in one countrie and is prosperous in another countrie whereby this trade of barter by the rule of Mony doth verie much augment and the price of Corne becommeth to be much deerer Albeit the price be reasonable considering the Fermer may by the cheapnes thereof be made vnable to pay his rent And God who doth euerie thing for the best sheweth vnto vs how one nation may haue need and occasion to vse the help and meanes of other nations and which is more admirable to be noted God in the permitting of it may haue some other work in hand to manifest his glorie or to relieue his children by vnexpected meanes As the sending of the children of Iacob into Aegypt for the want of Corne to maintaine themselues doth demonstrate vnto vs. The like may be applyed for Wines Salt and other commodities for the sustenance of man which although they be corruptible commodities may contrarie to our former assertion by this accidentall or casuall extremitie be preferred in estimation of the Staple commodities which are durable and become valued only by Gold Siluer which is the cause that Spaine and Portugall being subiect to haue dearth of Corne do permit the exportation of Siluer and Gold in returne of the prouenue of it and other victuals Gold and Siluer bartered for Corne and Victuals whereby we find that those countries by reason of the West-Indian treasure being from time to time prouided with Siluer and Gold coine are neuerthelesse most destitute of the same bartring as it were in effect their Siluer and Gold for Corne and other prouisions and hauing their countries stored with meere copper Moneys This treasure passeth from them as if it were conueyed by a channel and because of the aboundance of their said Copper moneys is not so sensible vnto them as it is vnto other countries which haue not the vse of the like Copper moneys which is diuers waies to be considered especially in the time of wars when moneys are called to be the sinewes thereof or Nervi Bellorum which by meere Copper moneys can neuer be vnderstood howsoeuer necessarie in some measure for the commutation of pettie bargaines and contracts whereof more hereafter in handling the matter of Moneys To make application of this negotiating coÌ„mutation in the price of Commodities it is to bee prooued by diuers ancient Merchants bookes that within the age of a man or seuentie yeares the price of forraine Commodities with vs is farre more risen than the price of our home Commodities which by way of Antithesis is worthy the obseruation Redding colour and other mingled colour Clothes did cost 9 ll the Cloth then when Blacke Veluets were sold at 10 shillings the yeard and now the said sort of Clothes are sold but for 11 ll and 12 ll the Cloth and Veluets at 26 shillings the yeard Packe Clothes white at fiftie pound the packe of tenne pieces Cramosin Veluets at 12 shillings the yeard And now Packe Clothes of the same marke at ninetie pound and a hundreth pound and Cramosin Veluets at thirtie shillings the yeard Wooll the Todd of 28 ll weight at 12 shillings Blacke Satine at 5 shillings the yeard Wooll now aboue 20 shillings or thereabouts and Satine 15 shillings Calfe skins the dozen 5 ss Fustians the Bale of 40 ½ pieces at 12 ll the Bale Calfe skins now at 10 ss and Fustians 36 pounds and Millaine Fustians at 18 and 20 shillings the piece now at 3 ll and aboue Sayes of Norwich at 20 ss the piece and vpwards Messina silke 8 ss the pound Sayes are about 40 ss Foraine wareâ— risen 3 to 1. and Messina and the like silke aboue twentie six shillings Northerne Carseyes then 18 ss Spanish Soape 20 ss now 50 ss and Carseyes 22 ss Seuill Oyle the Tunne 12 ll now 35 ll and many times aboue fortie pound French Wine at 5 ll the Tunne now 20 ll or thereabouts Long Proines 5 ss now 15 and 16 ss Sugar 6 pence the pound now 14 and 16 pence Malmeseyes 5 ll the Butt now 18 ll and 20 ll Cotton Wool 4 d. now 15 d. and diuers other commodities accordingly So that an angel would haue bought one yeard of Veluets now three Angels or pieces of gold can be exported for the same Ten Angels would haue bought a Tun of Claret Wine in England which is now sold for aboue twentie pound and twentie foure pound Besides that our Cloth is better made than in those dayes albeit not so good as it might be made victuall and wages are deerer and Woad Mather Oyle and colours are extreamely risen A Merchant might haue sent or carried with him one packe of Clothes white broad or narrow lists and brought in returne one Chest containing nine or tenne pieces of Veluets whereas now he cannot bring aboue three or foure pieces in returne thereof For a Redding Cloth sold beyond the Seas hee might haue returned one Bale of Fustians whereas now for the value of one Bale of Fustians sold in England a Merchant must buy and export three Clothes A London mingled colour cloth would haue bought at Lisborne two chests of Sugar now one chest of Sugar will draw two Clothes out of the Realme So a Kentish Cloth would haue bought at Seuill a Tunne of Oyle and more now one Tunne of Oyle doth counteruaile three Clothes and more and other commodities accordingly giuing as it were three to one in specie for foraine commodities Commutation is compared vnto monyes in kind Compare this commutation to the monyes inhaunced in the Low Countries Germany France and some other Countries which is the same money still in specie for weight and finenesse and onely the valuation is altered and you shall find that within the said time of seventie yeares an Angel worth ten s. then is now aboue twentie sâ—illings a French Crowne six shillings now twelue shillings six pence and all other coynes accordingly or thereabouts whereas in England there is no momentarie alteration of the monyes as heereafter shall be made more apparant And the like consideration will also bee had concerning the Exchanges of monyes by Billes of Exchanges Some men are of opinion that selling our home commodities good cheape maketh a liuely trade augmenteth commerce and maintaineth all the dependances thereupon by setting the people on worke imploying Ships and augmenting the Kings Customes and Impositions But they neuer consider two principall points whereby the wealth of Kingdomes and Common-weales increaseth or decreaseth namely Inconueniences to sell commodities good cheape If commodities imported vnto vs bee dearer than in times past as we haue noted and our home commodities are not sold proportionably in price but wee will
pounds worth at London in commodities which are accounted in price as if hee had bought them for readie mony and doth giue vnto the Seller of the said commodities one or more Billes of Exchanges for Antuerp Amsterdam or any other place to be payed according to the price of exchange which is made or ought to be made according to the value of the monyes of one Countrie and the value of the monyes of other Countries by weight and finenesse as shall be heereafter declared and that according to the distance and discrepance of the time and place where and when the said monyes shall be payed by the Buyers friend Factor or Seruant and so the said Bill or Billes of Exchanges are payed accordingly for the commodities so bought By mony payable in Banks 4 Another Merchant hauing mony in Bankes or in the Bankers hands at Amsterdam or any other place where Bankes are kept buyeth some commodities in the said places and casting vp what the same doth amount vnto hee goeth to the Banke and assigneth the Seller of the said commodities to receiue so much mony there and the Banke accepting thereof giueth him satisfaction in the payment he maketh vnto others according to the manner of Bankes hereafter declared By a Letter of Credit 5 Another buyeth some commodities there or in any other place beyond the Seas and for that purpose he hath a Letter of Atturny called a Procuration or a Letter of Credit either from his Master or any other here at London or elsewhere who vpon his Credit hath promised thereby to pay the value of the said goods in some place beyond the Seas according to a price of Exchange agreed vpon betweene the parties here and the like is done beyond the Seas to be payed here which is still according to the value of monyes in both parts answerable to weight and finenesse by way of Exchange And the like is done betweene London and Exeter Plimmouth Yarmouth and many other places vpon the very same and vniforme Coyne by Letters Missiue betweene Merchants here and there For Billes Obligatorie 6 The most vsuall buying and selling of commodities beyond the Seas in the course of Trafficke is for Bills of Debt or Obligations called Billes Obligatorie which one Merchant giueth vnto another for commodities bought or sold which is altogether vsed by the Merchants Aduenturors at Amsterdam Middleborough Hamborough and other places For when they haue sold their Clothes vnto other Merchants or others payable at 4 6 8 or more months they presently transferre and set ouer these Billes so receiued for the payment of their Clothes vnto other Merchants and take for them other commodities at such prices as they can agree with the Seller of them be it Veluets Silkes Satins Fustians or any other wares or commodities to make returne of the prouenue of theirs and so selling those forraine commodities here in England they presently buy more Clothes and continue a Reuolution of buying and selling in the course of Trafficke and Commerce being so in effect as may be illustrated by example Suppose A.B. the Clothier selleth to C.D. the Merchant one pack of Clothes Example of of the Reuolution in Trafficke for the summe of one hundreth pounds paiable at six moneths and doth condition with him to make him a Bill in the name of such a man as hee shall nominate vnto him A.B. the Clothier buyeth of D.E. the Gentleman so much Wooll as amounteth to one hundreth pounds and doth intend to deliuer him the Bill of C. D. the Merchant in full payment of his Woolls and to cause the same to be made in his this Gentlemans name But D.E. the said Gentleman caused him to make the Bill payable to E.G. the Mercer and the Mercer is contented with the like condition to accept thereof but he caused the same to be made payable to C. D. the Merchant of whom hee buyeth his Veluets and Silkes and so in payment of them hee deliuered him by an Intermissiue time his owne Bill which hee first should haue made to the Clothier And herein you are to note that in the buying by Bills it may bee made payable to the Clothier or to the Bearer thereof and so all the parties are bearers thereof vnto whom the same is set ouer by Tradition of it onely which by a Retrograde examination will appeare and this is called a Rescounter in payment Rescounter by Bills of Debt vsed amongst Merchants beyond the Seas and seemeth strange vnto all men that are ignorant of this Custome and yet doe they perceiue a reason for it and cannot deny the commodiousnesse thereof The Common Law of England is directly against this course for they say there can bee no alienation from one man to another of debts because they are held Choses en Action and such whereof no propertie can passe by assignement or alienation and many good Lawyers doe wish as well as Merchants that there were an Act of Parliament made for the establishing of the like course in England By reason whereof let vs in the next Chapters handle this matter more distinctly and declare the benefits which the Realme will receiue thereby and all Merchants and others negotiating for great summes There are other manner of buying and selling of commodities by Contracts and vpon Conditions and Casualties which are to bee declared in their proper places whereunto relation may bee had hereafter CHAP. XII Of the Transferring or setting ouer of Billes Obligatorie betweene Merchants and others WE haue in some measure in the precedent Chapter declared the Vse and Custome of Merchants beyond the Seas in the Transferring and setting ouer of Bills Obligatorie or Billes of Debt which they giue each to others for the payment of Commodities bought and sold by way of traffick and trade it resteth now to speake thereof more amply For the sinceritie of plaine dealing hath hitherto beene inuiolable The manner of Billes beyond the Seas in the making of the said Billes which euerie man of credit and reputation giueth of his owne hand writing or made by his seruant and by him subscribed without any seale or witnesse thereunto and is made payable to such a Merchant or person or to the Bearer of the Bill at such time or times of payment as is agreed and concluded betweene the parties either for money or commodities lent or bought and so declared in the said Bill according to the forme hereafter expressed This Custome is much practised by the Merchants Aduenturers beyond the Seas at Middleborough Amsterdam Antuerp Hamborough and other places where they do trade in manner following as we haue noted A Merchant hauing many of these Billes which he hath receiued for his Clothes sold vnto Drapers or other Merchants dwelling in seuerall townes and places will resort vnto a Shop-keeper or another Merchant commonly accompanied with a Mediator or Broker to buy a good round quantitie of Silke wares The setting ouer of
haue beene contented since Our comming to the Crowne to tollerate an indifferent and promiscuous kind of libertie to all Our friends whatsoeuer to fish vpon Our Streames and vpon any of Our Coasts of Great Brittaine Ireland and other adiacâ—â—t Islands so farre forth as the permission or vse thereof might not redound to the impeachment of Our Prerogatiue Royall nor to the hurt and damage of Our louing Subiects whose preseruation and flourishing estate We hold Our selues principally bound to aduance before all worldly respects so finding that Our coniuence therein hath not onely giuen occasion of ouer great encroachments vpon Our Regalities or rather questioning of Our right but hath been a meanes of much daily wrongs to Our own people that exercise the trade of fishing as either by the multitude of strangers which doe preoccupie those places or by the iniuries which they receiue most commonly at their hands Our Subiects are constrained to abandon their fishing or at the least become so discouraged in the same as they hold it better for them to betake themselues to some other course of liuing Whereby not onely diuers of Our Coasts Townes are much decayed but the number of Marriners daily diminished which is a matter of great consequence to Our estate considering how much the strength thereof consisteth in the power of Shipping and the vse of Nauigation Wee haue thought it now both iust and necessarie in respect that Wee are now by Gods fauour lineally and lawfully possessed as well of the Island of Great Brittaine as of Ireland and the rest of the Isles adiacent to bethinke Our selues of good and lawfull meanes to preuent those inconueniences and many others depending vpon the same In the consideration whereof as Wee are desirous that the world may take notice that Wee haue no intention to deny Our neighbours and allies those fruits and benefits of peace and friendship which may be iustly expected at Our hands in honour and reason or are affoorded by other Princes mutually in the point of Commerce and Exchange of those things which may not prooue preiudiciall to them So because some such conuenient order may be taken in this matter as may sufficiently prouide for all these important considerations which doe depend thereupon Wee haue resolued first to giue notice to all the world That Our expresse pleasure is that from the beginning of the moneth of August next comming no person of what Nation or qualitie soeuer being not Our naturall borne Subiect be permitted to fish vpon any of Our Coasts and Seas of Great Brittaine Ireland and the rest of the Isles adiacent where most vsually heretofore any fishing hath beene vntill they haue orderly demanded and obtained licences from Vs or such Our Commissioners as Wee haue authorised in that behalfe viz. at London for Our Realmes of England and Ireland and at Edenborough for Our Realme of Scotland Which licences Our intention is shall be yearely demanded for so many Vessells and Ships and the Tunnage thereof as shall intend to fish for that whole yeare or any part thereof vpon any of Our Coasts and Seas as aforesaid vpon paine of such chastisement as shall be fit to be inflicted vpon such wilfull offenders Giuen at our Palace of Westminster the sixth of May in the seuenth yeare of Our Raigne of Great Brittaine France and Ireland Anno Dom. 1609. By this Proclamation is his Maiesties Right and Dominion of the Seas expressed in two words by Lineall and Lawfull possession of an hereditarie Kingdome or Kingdomes whereunto those Seas are ioyned and appertaining It is not a Dominion obtained by an electiue Kingdome as Poland Hungarie and others neither is it had by any first discouerie wherein the Pope must be a mediatour as Alexander the sixth was between the King of Castile and Portugal vpon the discouery of the East and West-Indies by drawing a line vpon the Globe from the Island of the Canaries to make the diuision betweene them Neither is it like to the Whale fishing in Greeneland where some vpon their discouerie tooke neither possession much lesse had any occupation which maketh the stronger right Neither is it by gift or purchase as some Italian Princes in the Mediterranean Seas which doe neuerthelesse inioy both freedome and benefit thereby but it is vndoubted and indisputable as aforesaid To conclude this Argument The best mark of distinct dominions vpon the Seas the distinct dominion of a bordering Prince vpon the Seas is best seene by the Tribute or Taxe which hee taketh vpon fishing ships whereof we haue many presidents In Russia many leagues from the Maine Fishermen doe pay great taxes to the Emperour of Russia and in most places none but his subiects are permitted to fish and the Hollanders doe giue him the tenth fish The King of Denmarke taketh great tribute both at Wardhouse and the Sound The Kings of Sweathen haue done the like which is now continued by the King of Denmarke for Norway The Duke of Medina Sidonia taketh for Tunyne King Edward the third of England tooke six pence for euery Tun in his time which by inhauncing of the money is now 18 pence All the bordering Princes of Italy doe take tribute of the fish taken within the Mediterranean Seas for their seuerall Territories In Lappia Fishermen doe pay monyes in the Sound for passage to fetch it ouer and aboue the tenth fish The Earle of Orkney taketh the tenth fish for the Isles of Orcades vnder his iurisdiction as the Fishermen doe to the Lords of the Manors in the West parts of England for Pilchards Hake and Conger The States of the vnited Low Countries doe take an Imposition vpon fish taken within the Seas and Streames of other Princes as also neere their Coast and their subiects trafficking with the Russians as Haunce Noblett Haunce Van stracle Robert Englegraue and others do continually pay the tenth fish vnto the Emperour of Russia All which is requisite for Merchants to know to preuent troubles or losses for the pretence of ignorance doth not excuse as our Merchants of Kingstone vpon Hull haue found to their exceeding losse heretofore CHAP. XXXVI Of Customes Subsidies and Impositions payed vpon Commodities WHereas Customes Subsidies Impositions Toles Customes vpon commâ—dities due by the Law of Nations Accizes Imposts and other duties by the exemplarie actions of Princes and Common-weales are due by the Law of Nations as a matter inherent to their Prerogatiues because they are absolute Commanders in their Harbours Hauens and Ports where commodities are exported and imported euery Merchant is bound to take notice thereof and to obserue the same according to the ordinances and proceedings vsed therein in all countries respectiuely to auoid the danger of the losse and forfeiture of his commodities and to make a true calculation how to buy and sell to profit obseruing how much vpon the hundreth pounds in value of his commodities rated by the orders of diuers countries the same amounteth vnto and to adde the
as for the erecting of Schooles and Vniuersities maintenance of the poore and of widowes and orphanes repairation of Churches and high-wayes and ditches for the plantation of Collonyes of people in other Countries and building of Townes and Castles for their maintenance as also to erect Pawne-houses to supply the necessitie of the mechanicall poore suppressing intollerable vsurie whereof we shall intreate in the second Part of this Booke concerning monyes The Etimologie of the word Lotarie is deriued from the word Lot And albeit all Lotaries are things casuall in respect of man to whom the Lot falleth yet in regard of the prouidence of God they are certaine in effect by the said Diuine disposing of the Lot Insomuch that howsoeuer the words Fortune Chaunce Fate Destinie and Casualtie are borrowed from the Heathens it cannot bee denied but that respecting the effects and operations of God towards man they are proper distinctions of Gods Diuine Prouidence And hence ariseth the Prouerbe Nemo sua sorte contentus viuit * ⎠* CHAP. XLII Of Associations Monopolies Engrossings and Forestallings ASsociations are twofold the one is done by publike authoritie of Princes or States vpon Graunts made by Letters Patents which are properly called Societies as the Companie of Merchant Aduenturers Societie of the Merchants Aduenturers which are of 400 yeares standing or thereabouts reckoning from the yeare 1248 when the said Merchants obtained priuiledges of Iohn Duke of Brabant and were called the Brotherhood of Saint Thomas Becket of Canturburie which were confirmed by King Edward the third Henry the fourth Henrie the fifth Edward the fourth Henrie the sixth Richard the third and King Henrie the seuenth who gaue them the name of Merchants Aduenturers after him also confirmed by King Henrie the eight Edward the sixth Queene Marie Queene Elizabeth and lastly by our Soueraigne Lord King Iames not without many enemies and oppositions and most especially of late taxing them to be Monopolizers and vnprofitable to the common-wealth being that all our Clothes were not dressed and dyed in England Whereupon their Patent was for a time suspended but afterwardes confirmed again vnto them by his Maiesties ample Proclamation As this Societie is of ancient estimation so is their gouernement verie commendable and preserueth the amitie and entercourse betweene the Realme and other neighbour Princes and States venting the best commodities of the Kingdome yet so that euerie man selleth freely at his pleasure without any combination or limitation to the great honour and seruice of the State wherein they may daily see and obserue more and more as is heeretofore declared Societies of East-Indies Virginia c. The East-India Merchants are also a Societie but their aduenturers runne all into maine Stockes and is gouerned and carried all ioyntly vpon benefit or losse This Company beganne in the yeare 1599. So the Merchants of Turkie are a Societie Also the Virginia and Barmuda Merchants and diuers others are Societies incorporated by his Maiesties Letters Patents as aforesaid The other Association is done by and betweene Merchants of their owne authoritie Partnership by Contract ioyning themselues together for to deale and trade either for yeares or voyages and this is properly called Partnership where one man doth aduenture a thousand pounds another fiue hundreth pounds another three hundreth pounds and another foure hundreth pounds more or lesse as they agree amongst themselues to make a stocke euerie man to haue his profit or to beare losses and aduenture according to their seuerall stockes in one or many voyages for one or more yeares besides the moneyes taken vp at vse to trade withall proportionably according to the rates of their stocks by parts and portions to be diuided into so many parts as they agree wherein the conditions be diuers which must be obserued truely and the accounts accordingly otherwise all will run into a Laborinth and confusion And by the common Law one partner cannot proceed against another and in Chauncerie the suits may be prolonged for the life of a man vnlesse the Law-Merchant be better vnderstood and the Auditors Office be enabled to end these businesses with breuitie and expedition There is another branch of this maner of partnership Partnership by imployment which commeth to passe when Factors beyond the seas dealing for diuers Merchants will sometimes make imployment of seuerall mens money in one kind of commoditie to be diuided amongst them Here one may become a partner vnawares and vnknowne as of late I know the like did happen in a great bargaine of Tabacco whereupon all the partners being seuen in number are fallen out and diuers of them are in law This course althoug vsed is verie dangerous especially when they vse many Factors One Merchant sendeth commodities to his Factor to be sold in Spaine and giueth order that by that meanes he shall prouide money for his part of the imployment of Tabacco to be made another Merchant he sendeth a Letter of credit of a friend of his that so much money shall be taken vp by exchange for Antuerpe or London as shall be needfull for his part another Merchant he causeth so much money to be made ouer to his Factor by exchange â—â—om Antuerpe as will furnish for his part Two other Merchants dwelling in Spaine doe furnish their parts there themselues And amongst them all they admit in Spaine one Factor dwelling there to buy the Tabacco and he hath a part with them but findeth the meanes to disburse no money for his part because he buyeth the said parcell of Tabacco amounting to some twelue thousand ducats and conditioned to pay a good part of it at six or more moneths And the seuenth Merchant he prouideth not any money and neuerles wil haue his part because he gaue order to his Factor to take it vp by exchange for London vpon him promising that he would pay the same here Hereupon the bargaine and imployment of Tabacco is made the goods receiued and sent ouer to London where it is diuidedly deliuered to some of the said partners to be sold with one and others priuitie for the generall account of them all to be made vp amongst them to cleere the said account and euerie man to haue his part of the benefit and profit and likewise to beare such losses as may decrease their profit according to equitie and conscience Interim it happened that the Factor who bought the said Tabacco dyed insoluent who did not only leaue his own part vnpaid but a far greater summe which the other two partners were faine to pay being bound for it in all amounting to 1300 ll sterlingâ— Now the question is How this losse shall be borne amongst them The first Merchant he saieth I did send commodities and by the prouenue thereof my part was payed by him that dyed and that dependeth vpon accounts to be cleered betweene him and the partie deceased the second Merchant he sayeth My part was paied in readie mony in Spaine taken vp
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
rate according to which calculation the said Royall of eight is by vs receiued at fiue shillings and two pence which is but foure shillings 2 ½ pence or thereabouts The difference is fifteene vpon the hundreth in lesse than two moneths time adde hereunto the ten in the hundreth to be had by the said Royalls of eight that the same are better in weight and finenesse than our six pence sterling which is taken to answere the said Royall by a common calculation by reason whereof there will be giuen so much in his maiesties mint or thereabouts that is to say foure shillings and fiue pence or at the least foure shillings and foure pence ½ after the rate of fiue shillings sterling for an ounce of that standard so together is twentie fiue vpon the hundreth benefit A treatise of Free trade 1622. which caused a Merchant aduenturer to set downe in print an interrogation in this manner Who will procure licence in Spaine to bring Realls into England to sell them here at tenne in the hundreth gaine which is lesse than the Exchange from thence will yeeld when he may haue for the same 25 in the 100 in Holland A matter whereby Merchants are easily induced to diuert the said Royalls from the realme to those and other countries and by the common vnderstanding to remedie the same it is thought there is no meanes to meete with forreine nations in the inhancing of moneys but wee must doe the like albeit experience hath shewed long since that this is not effectuall nor any true remedie Now if we will consider things according to the rule aforesaid it will plainely appeare that the said fifteene vpon the hundred gaine more than in England are but imaginarie if the Exchange for moneys were reformed for let fiue of these Royalls of eight bee bought in England for twentie two shillings and be transported into Holland and there buy commodities with the same which is according as the price of them is inhanced for as the money riseth in price so doth the price of commodities it may fall out the said Merchants should become losers by the commodities so that the same cannot be termed Causa mouens But the Spanish Merchants which cause their Royalls to be sent into Holland or Zealand from Spaine or from the Downes relye wholly vpon the Low-Exchange whereby they are inabled to deliuer there their money by Exchange at an vndervalue at thirtie three shillings foure pence Flemish and vnder for our twentie shillings sterling whereby the Kingdome maketh good vnto them the said fifteen vpon the hundreth consisting betweene the price of fortie two stiuers and fiftie one stiuers which is almost eighteene pro hundreth If the Royall went but for fiftie stiuers according to the valuation so that if the Exchange were made accordingly which would be aboue thirtie seuen shillings six pence this gaine would not be at all and moneys would be imported vnto vs and not exported For the rule is infallable A Maxime in Exchanges That when the Exchange answereth the true value of moneys according to their intrinsicke weight and finenesse and their extrinsicke valuation they are neuer exported because the said gaine is answered by Exchange which is the cause of transportation To make this euident in the Rickx Doller which is the maine and most vsuall coyne in Germanie Eastland the Vnited and Reconciled Low-countreys before their late Proclamations and currant in many other Countreys obserue wee that the said Doller was valued at two markes Lubish A shilling Lubish and a stiuer Flemish was all one 1575. euery marke being sixteene shillings Lubish or sixteene stiuers For in the yeare 1575 the said Rickx Doller was still coyned in the Empire for thirtie two shillings or stiuers and so currant by valuation in the Low-countreys whereby they were all one in denomination and effect But the wars in the Low-countreys hath beene the cause of the inhancing of this Doller which was brought to thirtie fiue stiuers and in the yeare 1586 to fortie fiue stiuers or to fiftie two stiuers now by intermissiue valuations and times Howbeit at Hamborough Stoade and other places in Germanie the said Doller did remaine still at thirtie two shillings Lubish or two markes and as the said Doller did inhance in price so did they in the Low-countreys coyne new stiuers accordingly sometimes lighter in weight A great Fallacie and at other times imbased by Copper or Allay and yet in account the stiuer did and doth remaine the ground of all their moneys but the said Doller holdeth his standard agreeable to the first Doller called the Burgundian Doller with Saint Andrewes Crosse coyned in the yeare 1567 which is in finenesse ten ounces twelue pennie weight of fine Siluer and foure and one halfe of these Dollers were made equiuolent to our twentie shillings sterling as a publike measure betweene vs and the Low-countreys Germanie and other places where this Doller went currant as you may obserue in the precedent Chapters These Dollers haue since beene imitated and made by the States of the Vnited Prouinces in their seuerall Mints altering onely the Armes of the seuerall Prouinces as also by the Arch-Duke Albertus in the reconciled Low Prouinces and the price of them at Hamborough Stoad and other places was but aduanced to one stiuer or shilling Lubish more that is to say at thirtie three shillings Lubish went the same went in the Low-countreys for fortie fiue stiuers which made the diuersitie of the said Par of Exchanges of thirtie three shillings foure pence for the Low-countreys and twentie foure shillings nine pence for Hamborough In the Netherlands being all one in substance This Doller is since that time as I said inhaunced to fiftie two stiuers in the Low-countreys which maketh the price of Exchange aboue thirtie eight shillings or rather thirtie nine shillings and shall the Kingdome suffer this and not alter our price of Exchange accordingly but be contented to take thirtie foure or thirtie fiue shillings and after that rate vndersell all the commodities of the Realme In Germanie This Doller is likewise since that time more inhaunced in Germanie from time to time And leauing the excessiue valuation in remote places let vs note the valuation of Hamborough where it hath beene at fiftie foure stiuers the Doller which maketh the Exchange aboue fortie shillings of their money for our twentie shillings And although we haue raised our price of Exchange from twentie shillings nine pence to thirtie fiue shillings and thereabouts shall we rest here and goe no further Haue we reason to doe it in part and not in the whole according to Iustice Equitie and true Policie and shall we be like a man that by halting in jeast became lame in earnest Absic ignorantia The moneys in Christendome which haue their ebbing and flowing doe shew their operation vpon commodities The course of money and Exchange are contraties in operation maketh by
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
and equalitie of moneys domesticall and forraine A most easie remedie aâ— aforesaid and to let all Merchants exchange one with another by Billes of Exchanges as they now doe and can agree amongst themselues but neuer vnder that price seeing it is against all reason nature and policie to vndervalue the Kings money by exchange and all the commodities accordingly to the incredible losse of the Realme Will not this be as easie to be done as we see the rudder of a ship doth gouerne the greatest carracke or vessell being but a small peece of timber fastened vpon the paralell of the keelne of the ship whereby it is directed according to all the variations of the Compasse as wee haue said elsewhere Let the practise hereof assure vs and we shall not need to seeke the golden Fleece in Colchos which wee haue within our owne Iland of Great Britannia our feeble pulses will be felt when our hammers shall beate in the Mint for moneys and bullion are to the State a second life If any Hedgmint for so doe the States of the Vnited Prouinces of the Netherlands call the Mints of pettie Lords Hedgemints what they bâ— which by falsified standards do imitate to coyne the money of other Princes should seeke to maintaine inequalitie all their imaginations will proue to be but chymeraes and toyes for it will bee easier for the King to alter the price of this equalitie of exchange accordingly than it is for a Miller to turne his mill to grind his corne with all windes insomuch that when it shall bee once established and knowne there will not want some backbiter or Momus to make little estimation of this Columbus voyage to the rich Indias and goe about to disgrace this great seruice to the King and Commonwealth for they shall be able to set an egge on the end by way of imitation as others did when they saw it done before Prerogatiue Royall to set a price for moneys By these meanes shall the ancient Office of the Kings Royall Exchanger bee supplied and it is one of the greatest prerogatiues the King hath to set downe a price on his owne coyne and thereby to giue a certaine measure to buy and sell which is by the Merchants exchange and conniuence of tolleration by forraine States abridged and in a manner frustrated and it imports the King more to reforme this exchange than any other Prince because God hath so blessed England that no Nation of Christendom trafficketh so much in bulke of Staple commodities as this Realme which Boters though altogether Spanish in times past and no friend to England confesseth that two yeares before the taking of Antuerp An. 1584. all the wares of Christendome being valued and summed by the officers of that City which were vented there in one yeare the whole being diuided into sixe parts the English amounted to foure parts thereof which is the cause also that England hath the head of exchange The Basis of Exchange which is our Basis and foundation of our twentie shillings sterling whereupon most exchanges are made and this head may command the members and parts of the body more conueniently by the Kings commandement as before hath beene declared I haue in this Chapter thought conuenient to remember this important matter againe with a varietie of stile to reuiue and recreate the spirit of the Reader to the end all the premisses may in his apprehension and conceit giue more delight and pleasure euen to naturall mother wit whose commendation may not bee omitted CHAP. XIX The due commendation of naturall Mother Wit FOr as much as all humane actions being fallen from perfection to imperfection are to ascend againe from imperfection to some measure of perfection Naturall Mother Wit casting her eyes backe Per varios casus per tot discrimina rerum challengeth the precedencie of Art by way of Prosopopeia by her ingenious obseruation of number weight and measure vnder which she hath noted that all substantiall things vnder the cope of Heauen are subiect Who will denie saieth the intellectuall part of Wit that euen as forma dat esse rei so I caused dame Nature to performe her function by producing spotted lambs when I ouercame the eie-sight in generation Gen. 30. ver 37 so when the teeth of infants come forth orderly and conioyned by my obseruation are they made an obiect for the tongue to play vpon did not I teach those that could not pronounce the letter R to lay little pimble stones vnder their tongue to eleuate the same to make them apt thereunto as also to cause the ligaments to be broken without which the Grammarian cannot ascribe to himselfe Grammatica Vox literata aâ—ticulata debito modo pronunciata By which abilitie the Caldean Hebrew Greeke and Latine letters were afterwards by Arts inuented ypon which foundation Logicke was builded whereby I caused verum falsum to be distinguished and trueth to be descerned which the Logitians haue so much obscured by their Sillogismes and Arguments founded vpon Distinctions Diuisions Subdiuisions Logica Quillets and Exceptions by varietie of termes that without my helpe the trueth can hardly nakedly be knowne which by Art should be made plaine and not intricate for a ripe Wit will dispell the foggie mysteries of deceitfull fallacies as the Sunne driueth away the winds and clouds Poets are beholding vnto me whose Naturall wittie facultie maketh them famous according to the prouerbe Nascimur Poetae fimus Oratores But now Art steppeth in Rhetorica and claimeth the honour of Rhetoricke as deuised by her with the helpe of the facunditie and fluencie of speech and is called Ornatus persuasio whereunto the celeritie of Wit occurreth saying soft sir do not take me to be all Wit without wisdome like vnto trees full of faire leaues without fruit Arithmetica for loe yonder commeth Arithmeticke which is the originall and ground of all the seuen liberall Sciences or Arts without which non of them can subsist her poesie is Par impar This foundation was laied by me amongst the heathens and vnlearned creatures of America and other countries to demonstrate numbers by fingers and toes telling two three foure and so to ten then ten and one and ten and two and so forth still making signes as they speake and when they will reckon twentie they will hold downe both their hands to their feet shewing all their fingers and toes and as the number is greater so will they double and augment the signe obseruing the same by a little bundle of stickes laied or tied together and separated a sunder obseruing thereby their paiments and promisses according to Number Weight and Measure This is that accounting by scores yet vsed whereof their Arithmeticke gaue denomination before any of the said Arts were inuented and this is properly to be attributed vnto me ab origine For I haue noted that in things created and ingendred the Elements are